Ijtihad dalam terminologi usul fikih secara khusus dan spesifik mengacu kepada upaya maksimal dalam mendapatkan ketentuan syarak. Importance of ijtihad in islamic law the law study. In islamic legislation ijtihad plays an important role and has central position in the whole process. Murtada mutahhari page 4 of 23 is the very same as we have defined as ijtihad alray. Dalam hal ini, alsyaukani memberikan defenisi ijtihad dengan rumusan. Ijtihad sebagai sumber ajaran karena melalui konsep ijtihad, setiap peristiwa baru akan didapatkan ketentuan hukumnya dari pemaparan makalah kami tersebut kita tahu bahwa sumber ajaran islam sangat penting sebagai pedoman hidup, untuk itu hendaknya apabila kita melenceng dari salah satu sumber ajaran tersebut, maka akan menjadikan hal yang fatal. Usually, it is believed that the muslim scholar must try his best to find out solution for a matter in the light of holy quran and sunnah especially when such matter is not resolved expressly in the holy quran and sunnah and through ijma. Yusuf alqaradawi mentions that al ijtihad, in the contemporary context, consists of two kinds. Ijtihad was once an important force in the articulation and interpretation of shariah. Ijtihad thus play as a perfect tool for legislation.
Adapun ijtihad memiliki beberapa fungsi di antaranya sebagai berikut. The panelists were asked to consider the following questions. World heritage encyclopedia, the aggregation of the largest online encyclopedias available, and the most. Define and dicuss ijtihad as a source of islamic law. Thus the legislative process in islam employs the methods of ijtihad, ifta and. Ijtihad intiqali ijtihad based on what our traditional legal giants have bequeathed to us 2. In general usage, this arabic word denotes the utmost effort, physical or mental, expended in a particular activity. It is a rational and analytical approach, based on the quran and on the teachings of the sunnah, for interpreting religious matters. Ijtihad islamic legal term meaning independent reasoning, as opposed to taqlid imitation. Murtada mutahhari page 1 of 14 the role of ijtihad in legislation martyr murtada mutahhari translated from the persian by mahliqa qarai vol iv no.
Jurnal wacana hukum islam dan kemanusiaan is an academic journals published twice a year june and december by the faculty of sharia state institute of islamic studies iain salatiga. Pdf ijtihad as a source of law islamic jurisprudence. In the early muslim community every adequately qualified jurist had the right to exercise such original thinking. Ijtihad network being wise and faithful muslim in the contemporary world. General introduction to islamic law lily zakiyah munir the compatibility of sharia and modern jurisdictions has been a longstanding debate. Ijtihad reinterpreting islamic principles for the twentyfirst century. One question arises here, why it becomes difficult for the muslims in contemporary world to perform activity of ijtihad 1 zia.
Ijtihad is commonly accepted concept in islam and one cannot deny its legitimacy. Ijtihad network is a website for islamic jurisprudence, dealing with organizing and conducting educational, research, and social information of jurisprudence and ijtihad legal reasoning, particularly in islamic seminaries. Mujtahid means a person who does ijtihad or who is an expert of islamic laws. Without the process of ijtihad, many human to bridge. Study of islam and democracy invited four highly respected scholars of islam to discuss ijtihad and its role in addressing the contemporary needs of muslims and muslim societies.
Includes details of his publications, and his weblog, musing on. Vi, the codification of islamic law, published by haji mohammed ibrahim, trinidad, 1950 this island of trinidad enjoys british administration and is governed by british law. How does ijtihad work, and how can it be used to address the needs of muslim societies. This journal emphasizes specifications in the discourse of islamic law and humanity, and communicates actual and contemporary research and problems with regard to islamic studies. Ijtihad dalam islam definisi dan hukum ijtihad mengerahkan kemampuan untuk melakukan dan mengambil keputusan istinbat hukum syariah. Ijtihad international institute of islamic thought.
In islamic legal terminology it means the process of deriving the laws of the shariah from its sources. Time and again the quran says that its verses are for thinkers. The sunnis place ijtihad, which is the ijtihad alray explained above, on the same level as the book and the sunna. A concise summary of the evolution of islamic law sharia. Ijtihad macam, bentuk, syarat, hukum dalil, contoh, obejk. Sometimes ijtihad requires looking afresh at islam s primary sources, the quran and sunnah, and reinterpreting them according to new circumstances. The need of ijtihad for sustainable development in islam. Dr allama iqbal, the noted poet, also says that it is only revolution which is permanent and everything else keeps on changing. Fiqh, therefore, is all about understanding these divine laws and the way they shape the lifepattern of believers. Keywords contract fatwa fiqh history human rights ijtihad islam islamic bank islamic law islamic economics islamic law jurisprudence justice law marriage maslahah productive waqf renewal sharia sukuk welfare. Islam, this kind of ijtihad is forbidden, but in sunni islam it is permitted. There is a general consensus among islamic scholars and muslim laymen that islam places sovereignty in god. Once the leading schools of islamic jurisprudence had been established and islamic juristic principles ul alfiqh had been clearly defined, ijtihad came to be.
Gunpowder which was to bring to an end the supremacy of the armoured knight. It was under abbasid rule that the early schools of islamic law originated, and it was the in. The system of ijtihad an introduction to the islamic. Ijtihad interpreting islamic principles islamicity. Publication archives page 63 of 63 ijtihad network. Artinya ijtihad merupakan kunci dinamika ajaran islam. Pengertian ijtihad contoh dakwah islam menebar islam. Some of the greatest minds in the history of islamic jurisprudence used ijtihad during the first centuries of hijra. It requires a thorough knowledge of theology, revealed texts, and legal theory usul alfiqh.
The quran explicitly describes god as almalik meaning sovereign and almalikulmulk the eternal possessor of sovereignty. The advent of schools of law, sunna, and hadith even in the early phases of islam s advancement, there developed many schools of shariaschools only. With time for reasons given below, ijtihad faltered and was replaced by the doctrine of taqlid or blind imitation. Pdf the need of ijtihad for sustainable development in. Jika seorang hakim menetapkan hukum, lalu berijtihad dan benar ijtihadnya maka ia mendapatkan dua pahala. Ijtihad, in islamic law, the independent or original interpretation of problems not precisely covered by the quran, hadith traditions concerning muhammads life and utterances, and ijma. Liberal ijtihad could be very dangerous in practice. Our beloved prophet muhammad pbuh stressed on the acquisition of. Ijtihad is an islamic legal term referring to independent reasoning or the thorough exertion of a. In other words, ijtihad is the maximum effort expended by the jurist to master and apply the principles and rules of u. The mariners compass which was to expand europe to the ends of the earth. The islamic tradition places great emphasis upon the centrality of the holy law, or sharia, in the good life. In islamic law the use of individual reasoning in general is called ijtihad or ijtihad alray, and mujtahid is the qualified lawyer who uses it. Ijtihad in islamic matters should only be done by scholars who are trained to do so.
Ijtihad sebagai sumber hukum islam penjelasan,bentuk. Melalui ijtihad, ajaran islam telah berkembang sedemikian rupal menuju kesempurnaannya, bahkan ijtihad merupakan daya gerak kemajuan umat islam. As conceived by classical muslim jurists, ijtihad is the exertion of mental energy in the search for a legal opinion to the extent that the faculties of the jurist become incapable of further effort. Institute of peace and the center for the study of islam and democracy cohosted a religion and peacemaking workshop to explore the concept of ijtihad and the challenge of reinterpreting islamic principles for the 21st century. Pdf in islamic legislation ijtihad plays an important role and has central position. Published at 5th international conference on islam, education and development. Shaikhul islam dr muhammad tahirulqadri is blessed. Islam is a compete code of life which catered to the spiritual, moral and material needs of human, beyond. Likewise, there is hardly any aspect of din in which devoid of the process of reasoning.
Pdf education has been a central feature of islam from the very beginning. Ijtihad is mainly associated with the usuli shia muslim jafari school of jurisprudence. Ijtihad masih terbuka bagi muslim pakar agama yang memenuhi persyaratan dasar untuk menjadi mujtahidmufti atau pembuat keputusan hukum agama yang dikenal dg syariah atau fiqih. And paper which prepared the way for the printing press and opened numerous doors of knowledge and learning. In general usage, this arabic word denotes the utmost effort, physical or mental. According to masmoudi, the process of ijtihad has enabled muslims to be flexible and to learn from other cultures and civilizations.
Pdf ijtihad as a source of law islamic jurisprudence azeem mian. Reinterpreting islamic principles for the 21st century pdf. By surkheel abu aaliyah the science that evolved in understanding the shariah, or sacred law of islam, is called fiqh. A collection of liberal articles by dr muqtedar khan, on islam and politics, particularly covering issues affecting muslims in america. Utilized where the quran and sunnah the first two sources are silent. To reinterpret islam for the twentyfirst century, the practice of ijtihad interpretation and reasoning based on the sacred texts must be revived. Per the new world encyclopedia, ijtihad is a technical term of islamic law that describes the process of making a legal decision by independent interpretation of the legal sources, the quran and the sunnah. Ijtihad merupakan sumber hukum islam yang ketiga setelah al quran dan hadis. Jabal to the yemen, he asked him how he would issue commands there. If you regularly visit this site and wish to show your appreciation, or if you wish to see further development of al islam.