THE PRINCIPLES FOR IJTIHÂD IN RESPONSE

TO THE CONTEMPORARY PROBLEMS

Fauzi
Fakultas Ushuluddin dan Filsafat UIN Ar-Raniry
Jl. Ar-Raniry Kopelma Darussalam UIN Ar-Raniry Banda Aceh, 23111
e-mail: [email protected]; [email protected]

Abstract: This article focuses on the qualifications a mujtahid should meet in responding
to current problems in the modern era. The author argues that the quality of hadith
is influential in legal deduction of taklîfî rulings which might fall under the category
of: wâjib, sunnah, mubâh, harâm and makrûh. Mujtahid is also required to be able
to understand consensus arguments (ijmâ‘) amongst scholars so that no mujtahid
can exercise their legal deduction which contradicts with the existing consensus. It
is also urgent that a mujtahid understand the position of the analogy both theoretically
and practically and understand the differences between the methods of ijtihâd starting
from the phase of revelation, the period of Companion of the Prophet to the time of
the legal school of thoughts. On top of the above-mentioned conditions, a mujtahid
would only be able to respond to contemporary issues when he or she has an adequate
understanding of the mashlahah or what is popularly known as public interest in Islamic
legal discourse.

Abstrak: Rambu-rambu Perumusan Hukum dalam Merespons

Masalah Kontemporer. Artikel ini menfokuskan pada standar persayaratan yang
harus dipenuhi seorang mujtahid dalam merespon masalah kekinian di era modern.
Penulis mengemukakan bahwa bahwa kualitas hadis berpengaruh dalam
menyimpulkan hukum taklîfî yang berada pada tataran: wâjib, sunnah, mubâh, harâm
dan makrûh. Mujtahid juga dipersyaratkan mampu memahami argumen konsensus
(ijmâ’) antara ulama sehingga tidak ada mujtahid yang melakukan istinbâth hukum
yang berlawanan dengan konsensus yang ada, memahami kedudukan analogi baik
secara teoretis maupun praktis dan memahami perbedaan metode ijtihâd lintas
masa mulai fase turunnya wahyu, masa sahabat, masa tabiin dan masa mazhab. Di
atas semua persyaratan tersebut di atas, seorang mujtahid hanya akan mampu
merespons isu-isu kontemporer ketika memiliki pemahaman yang memadai tentang
teori mashlahah atau public interest.

Keywords: Islamic law, ijtihâd, mujtahid, contemporary issues

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Introduction
Ijtihâd is a necessity towards the society as al-nushûsh thâbit wa waqâ’i‘ mutaghayyirah
(verses will be remained but events continuing). The role of mujtahid is highly anticipated
with the thought in istinbâth of the law in Islam to solve social problems that occurred all
this while. On the other hand, the ijtihâd that does not fulfill the qualification will cause ruination
and prolonged social conflict. These procedures and rules were made was not intended
to narrow the ijtihâd process and close the ijtihâd but it is an effort to perpetuate the process
of ijtihâd until it can produce a ‘product’ that is suitable with modern spirits and needs.
Islamic law is flexible the methods and approaches that some Muslim scholars have
developed did work on the nerve of this divine law.1 Relating the rules of ijtihâd with the
modern’s knowledge and with the discourse of collective ijtihâd- integrative will produce
a better ijtihâd’s products. Professionalism and the expertise in comprehending a particular
knowledge will cause an individual to study a particular knowledge deeply until cooperation
with the other party will be extremely needed in solving society problems that become more
complex. Besides, the energy needed to solve the society problem is getting bigger as the
complexity of problems faced by the society is rapidly grown quantitatively and qualitatively.
The objective of this writing is to answer a question: how to coordinate the rules of
ijtihâd with the current social system and modern age. With descriptive analysis, the author
has prepared this writing with a critical and exact writing based on data accumulation
gained from the documentation technique. The seconder source that the author used, divided
by two sources that is contemporary reading source and classical references that emanate
during the early age of sects progression. Basically, sects had given an intellectual prosperity
and a significant reference towards the Islamic knowledge structure with its advantages
and disadvantages. Meanwhile the contemporary books try to ‘read’ the current problems
and questions as the rapidly growth age nowadays.
Terminologically, ijtihâd means to give all out the efforts. This term is being used
specifically on a task that needs ‘energy plus’. In terms of Jurisprudence Islamic Scholars,
this term means to give out the efforts in producing and resulting sharia jurisprudence and
law.2 In terms of quality, ijtihâd can be divided into ijtihâd al-tâm which means to give out
all the efforts until they feel do not have any energy greater than that (‘an yubadzdzil al-wus‘
fi al-thalab ilâ an yuhiss min nafsih bi al-‘ajz ‘an mazid thalab). Whereas ijtihâd al-nâqish
means thinking seriously and critically in producing and resulting the jurisprudence law
in Islam, in terminology of Ahmad ibn Hanbal: al-nazr al-muthlaq fî ta‘arruf al-ahkâm al-
syar‘iyyah.2 Ijtihâd is never ends as being mentioned in Muwaqafat, first, it is impossible for

1
Fauzi Saleh, “Problematika Talfîq Mazhab dalam Penemuan Hukum Islam,” in Islamica,
Vol. 6 No. 1 (September 2011), p. 66.
2
Abû Muhammad Muwaffiq al-Dîn ‘Abd Allâh ibn Ahmad ibn Muhammad ibn Qudâmah
al-Jamâ’ilî al-Muqaddasî al-Dimasyqî al-Hanbalî Maqdisî, Rawdhat al-Nazhîr wa Jannat al-Manâzhir

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ijtihâd to be stopped except with the ended of ashl al-taklîf (responsibility) which means the
Resurrection Day. Second, it is impossible for ijtihâd to be ended before this world ruins.
As a jurisprudence product that being responsible, scholars restrict a few criteria in
qualifying a person to become a mujtahid. First, comprehend the Arabic language until he
can understand the term extrinsically and intrinsically. Second, comprehend the interpretation
of al-Qur’an especially that are related with jurisprudence and law (âyât al-ahkam) accompanied
with his knowledge regarding khabar and the competent Companions in their field. In terms
of comprehending al-Quran, a mujtahid is required the jurisprudence and law verses at least
five hundreds verses even though he is not required to memorize it. The mujtahid should know
the verses to ease him for reaching those verses when it is needed.
Meanwhile in Hadîts field, a mujtahid must be able to differentiate between Hadîts
shahîh than Hadîts dha‘îf, whether with knowing the narrators and their justice or scrutinize
it through the book of al-shahîhah. Third, comprehend khabar, matn and sanad including
with the ability to recognize the narrator, ta‘dil and tajrih, the last time they narrated hadîts,
a specific questions that becomes the cause of hadîts being revealed, differentiate between
the law whether they are compulsory, Sunnah, forbidden and permissible until they are not
mixed among them. Fourth, comprehend the argument that becomes consensus (ijmâ‘)
between the scholars until not to produce other ijtihâd that oppose with them. Fifth, apprehend
the position of analogical (qiyâs) in terms of theoretically and practically.
All the five rules above are the khulâshah (conclusion) al-Syahrastâni and contents
from what had been said by scholars such as al-Suyuthi, he said there are 15 rules without
the other three rules, which are, comprehension of dalil al-‘aqli because it includes in
Usul Islamic Jurisprudence field, theology’s field and philosophy with a few arguments and
not necessary to be mentioned. The compression and combination of these rules is because
of a few terms that being used has already included in others field such as mentioned by
al-Suyuti that, ‘ilm lughat, al-nahw, al-sharf, al-ma‘âni, al-bayân, al-badi’ as a six fields of
knowledge disciplines.3
The qualification of mujtahid is highly determines the result of his ijtihâd because it
will effects the society and will be applied and implemented in their life widely. Therefore,
the mujtahid must fulfill the criteria qualification and insisted to have intelligence and
the ability to apprehend the content of verses and then make an istinbât (give out law). Whoever
has the ability to observe with the exact rule (inshâf) then, he will be able to gain a relevant
law or law.4

fî Ushûl al-Fiqh al-Islâmî ‘alâ Madzhab al-Imâm Ahmad ibn Hanbal, Vol. II (n.p.: Mu’assasah al-
Rayyân li al-Thibâ‘ah wa al-Nasyr wa al-Tawzî‘, 2002), h. 334.
3
Abû al-Wafâ’ ‘Alî ibn ‘Uqayl ibn Muhammad ibn ‘Uqayl al-Baghdâdî Zafarî, Taysîr Ijtihâd (Beirut:
Mu’assasah al-Risâlah, 1999), p. 40.
4
Ibid., p. 207.

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As the other knowledge field that require a very strict rules, hence, it is compulsory
for mujtahid to prepare themselves with a monumental matters such as comprehension in
al-Qur’an and Hadîts, it must be initially started with the ability to apprehend Arabic language,
understanding ‘âmm (general) and khâss (specific), naskh-mansukh (abrogation), muthlaq-
muqayyad (absolute-nonabsolute), comprehending analogy (qiyâs) and etc.5 Furthermore,
the jurisprudence mujtahid in al-Ghazâlî perspective, is someone that practice and live
(mumaratsah) in his field, but it does not mean he must memorize and comprehend the
Jurisprudence because he will produce the product himself later on.6

Research Methodology
This paper is the result of qualitative research that collected data through documentation
study. It is considering the basic materials in this research concerning aspects of historicity,
character thinking, developing theories and public welfare. I will conduct data collection,
mapping and grouping of data from a number of books, journals and others from primary,
secondary and tertiary materials.
The study of the dynamics of ijtihâdî thought departs from the discourse of individual
understanding with all the social settings that affect it and the variety of individuals. I
will collect these kinds of thoughts and I map and then I elaborate in this paper with descriptive
and comparative analysis. I will then do the sharpening of those thoughts and describe it
in the writing.

The Coordinating Ijtihâd from Time to Time

Understanding the Revelation (Sharia) Phase
As the observation and study I made, ijtihâd emerges after the phase of revelation
(sharia) which means Mecca and Medina period. During the Mecca period, Prophet PBUH
was focusing on belief system (tawhîd) in about thirteen years. The second period was
during Prophet PBUH migrated from Mecca to Medina and founded the (Muslim Kingdom),
and need the rules and law to manage the society. This is because Prophet PBUH did not
bring any jurisprudence and law when entering Medina.
The verses of al-Quran that revealed before Hijrah mentioning about the rejection
towards polytheism (syirk) and invite them to believe in Allah, preach them with the true
taught of Islam. Al-Qur’an teaches them about moral, good behavior and attitude in Islam.
For this moment, al-Quran not focusing on the implementation of sharia consisted of law

5
Ibid., p. 423.
6
Abû ‘Abd Allâh Badr al-Din Muhammad ibn ‘Abd Allâh ibn Bahâdir al-Zarkasyi al-Syâfi‘i,
Tasynif al-Musamma bi Jam‘ al-Jawâmi‘ li Tâj al-Dîn al-Subki, Vol. IV (n.p.: n.p, n.y), p. 573.

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and jurisprudence, which, focusing on it after the hijrah. If we want to make a classification,
then, we can see that, the verses that are relating with branch (fur‘) law are just about two
hundreds verses, meanwhile the rest has been mentioned earlier, even though the arrangements
are different in terms of itsbât (determination), nafy (negation), khabar (information),
and insyâ’ (information that does not contain true or false). Even though there are lots
of style of language; amr (command), nahy (prohibition), istifhâm (question), tawkîd (stressing)
and so on. The preach of Islam was being in that way for thirteen years, until the faith permeated
in the souls of its followers and replacing the darkness that contains in the heart with the
lightness of Islam.7
Then is Medina period, Medina itself did not have rules and laws as a guidelines to be
followed before. Therefore, the revelation asks for comprehension and takes a jurisprudence
verse which is being revealed to Prophet PBUH, either an answer for a question or explaining
the law and jurisprudence because there were two law involved in the verses of al-Quran.8
There are such verses of Quran that revealed without started with questions and asking
for fatwa however because of necessity or showing a certain law or jurisprudence. 9 The
overview about the explanation of jurisprudence in Medina commonly is an answer for
a question or an event that happened. Every law or jurisprudence (law) is being revealed
gradually.10
In author opinion, in this age cannot be assumed as the progression period of Islamic
jurisprudence. It is because of law that being revealed at the moment is matlû or ghayr
al-matlû. Even though there are ijtihâd at the moment but it cannot be assumed as jurisprudence
law. It is because every single matter that had been done by Prophet PBUH and His Companions
had been endorsed their authentication by the revealed knowledge either Quran or Hadîts
of Prophet Muhammad PBUH. Based on that opinion, the author named this period as
pre-jurisprudence, which means they do not have a full authority in making ijtihâd because
it was still in the process of determining the law and jurisprudence (law).

7
Muhammad ‘Alî Sâyis, Târîkh fî al-Tasyrî‘ al-Islâmî, translated by Nurhadi AGA (Jakarta:
Pustaka Kautsar, 2003), p. 19-20
8
Muhammad Salâm Madkûr, al-Madkhâl li Tasyrî‘ al-Islâmî, Târîkhuh wa mashâdiruh wa
Nazhariyyatuh al-‘Ammah (Kairo: Dâr al-Nahdhah al-‘Arabiyyah, 1960), p. 69
9
The verses that were revealed as the answers for a question in al-Qur’an verse 15. Ibid.,
p. 69.
10
Regarding the implementation of sharia in Madinah can be explained as follows: a) The
authority of law for this moment, based on Prophet Muhammad PBUH, without intervention
from any other parties, whether from al-Qur’an (matlû) or Sunnah (ghayr matlû). b) The verses
were revealed based on events or an answer for a question, and verses that were being revealed
without any causes were very little. c) The law of Islam were not stated at once, however gradually
and continuously based on al-Quran and Sunnah. Muhammad ‘Alî Sâyis, Târîkh fî al-Tasyrî‘, p. 21.

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The Companions Ijtihâd Age

Next, the author is mentioning about the Companions (shahâbah) period. (11 H – 40).
Muhammad ‘Alî Sâyis mentioned it as the khulafurrasyidin’s period. According to him,
the senior Companions took the responsibility to give out a law and making decision after
the death of Prophet Muhammad PBUH and they had a big problem in defining a law for
a certain events or situations. This is because; the territory of Islam had widely spreads
and expands beyond the peninsula of Arab: including Egypt, Damascus, Iran and Iraq.
The Muslims faced lots of situations and problems that they had never faced before. 11
Then, he explained, the progression process of Islamic law at the moment was based
on ijtihad made by the Companions which means, their diligence will based on observing
the indicator, making analogy, assumption and so on. Then they will make a law based
on consideration after thinking, analyzing, reflecting, and pondering from the situations
as defined by Ibn Qayyim. Therefore, their opinion just not based on analogy only as known
nowadays, however it including analogy, assuming something good (istihsân), barâ’ah
ashliyyah (basic freedom), sadd dzarâ’i‘ (blocking the means as source of evil) and mashlahat
al-mursalah (public interest). In this period, the jurisprudence of Islam was based on al-Qur’an,
Sunnah, ijmâ‘ and ijtihâd. The term of ijtihâd started at this period because, after the death
of Prophet Muhammad PBUH, the Companions were facing new cases and situations
that were never happened during the Prophet Muhammad PBUH still alive.
In this period, they were divided into two groups, which are the one who tend to use
ratio and the other one who did not use it. Among the endeavor that had been used by the
Companions of Prophet Muhammad PBUH in determining a law or jurisprudence were12:
First, explanation about the verses of Quran and its interpretation. Second, making qiyas
(comparison) is similar and comparable with the law that consisted in al-Quran and Sunnah
or the law or jurisprudence that has been agreed (ijma‘) before. And the third is ijtihâd with
ra’y (view and opinion from the comprehension of the matter).
Opinion (ra’y) Islamic Jurisprudence is based on the ability of the Companions to
comprehend the verses of al-Quran and Hadîts as being mentioned by Ibn al-Qayyim which
means, what was the tendency of the heart after reflecting, thinking and pondering. The
expansion of Islamic law in this period is because of: (1). The different way of comprehending
certain parts of verses in al-Quran, because of the existence of uncertainty argument (dalâlah
dzanniyyah) which means, have two meanings from one term, the reality (haqîqah) and
parable (majâz). (2) Their differences in memorizing and comprehending Sunnah. (3) Their

11
Ibid., p. 59-60. However, they were very cautious in making decision. The taught from
al-Quran and Prophet Muhammad PBUH became their main source of action. Hasan ‘Abdul Qadir,
Nazhariyyah al-‘Ammah fi Târîkh al-Islamic Jurisprudence al-Islami (Kairo: Dâr al-Kutub al-Haditsah,
t.t.), p. 56.
12
Muhammad Salâm Madkûr, al-Madkhal li Tasyrî‘, p. 83.

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differences in giving diligence and opinion (ra’y). (4) The residency where they lived. (5)
The change of time and age.13
Example of contemporary jurisprudence. First, parts of Muslims during Abu Bakar
reign did not want to pay zakat because they think the zakat was only paid to Prophet
PBUH. In this case, Abu Bakar made a meeting, and Umar thinks they should not be
killed, as Prophet PBUH said, “meanwhile Abu Bakar understands the term ‘bi haqqiha” as
one of them is not paying zakat.” Second, narrated that ‘Umar bin Khaththab faced a
problem regarding a person was killed by a group of people. Should the group of people
being killed because of killing a person because Allah said:
Ali said: What is your opinion Umar if a group of people steal a date palm, parts of
them were taking this part, and the other part, taking another part of date palm, and
will you cut their hands? Umar answered: Yes, certainly. Ali said: then, it same goes
with that situation. Umar then took Ali’s opinion regarding this matter and then he
said: If a residents of Shan‘a’ gathered to kill someone, then I will kill them. 14

At this period, the Companions intelligently solved the problems that they faced even
though the situations that were never happened during the age of Prophet Muhammad
PBUH and the law was made after evaluating the consequences of a certain law and jurisprudence
as being done by ‘Umar, Ottoman and others.15 This solution for today’s case such divorce,
economic problems, communication cases, 16 can be a comparison in deciding the case.
There are certain books that include political conflict influence during the age of
Ottoman and Ali as part of jurisprudence progression of the Companions. I observes that
the influence and the access to ijtihâd progression were emerged and emanated during
the tâbi‘in period with various modification.at a certain group. The modification was just
not influenced political field, but also jurisprudence, theology and etc. Meanwhile, at the
period of the Companions, the author notices it as a unique progress which they were so
genius and have a methodology and excellent style of thinking. This was proven on how
the conceptual comprehension of Umar in work delegation, Ottoman in adding Friday’s
prayer azan and so on. All of these show how their abilities in comprehending the verses
of Quran with a judgmental and critical view.

The Tâbi‘în Ijtihâd Age

Next is tâbi‘in period (40 H – Abad II H). In this period, it was influenced by Shi’a,

13
Ibid., p. 86-87.
14
Ibid., p. 83.
15
Abd al-Wahhâb Ibrâhîm Abû Sulaymân, al-Fikr al-Ushûliy: Dirâsât Tahliliyyat Naqdiyyah,
(Jeddah: Dâr al-Syurûq, 1983), p. 38-39.
16
Fauzi, “Shuwar al-Hadhânah ba‘da al-Thalâq fî Aceh al-Wustha,” in Studia Islamika, Vol.
24, No. 1, 2017, p. 99.
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Khawarij and Ahl al-Sunnah. There were two sects emerge: a. Sect Hadîts (Hijaz) b. Sect
Opinion (al-ra’y) (Iraq)17 Political condition that influences the jurisprudence initially
was being started by problems faced at the end of ‘Utsmân bin ‘Affân reign. The Jews and
Iran that had lost in wars gathered to ruin Muslim’s strength. Among of them were, the
emergence and the spreads of fake Hadîts.
In this period, the Muslims scholars were fighting to straighten and save the society
from various elements that influenced the Jurisprudence of Islam in terms of sources
that emanated new masterpiece. Among of them were political conflict, fake Hadîts , the
emergence of jurisprudence school, which was called the school of Hadîts and ra’y that
were totally different of each other. The weakness was that, iftirâdhi (supposition) problem,
which means the opinion of the scholars were only based on theory and cannot be implemented
in the reality. This is because most of the school of opinion was tend to make an original
taught as the guidelines.18
According to me, tabi’in did influence the jurisprudence of Islam. This is because of
the political influence that existed, wanted to strengthen their position including the comprehension
of law and jurisprudence. Khawârij for instance, they comprehend the verses of al-Quran
literally (dhâhiri) and implemented it according to their belief. Meanwhile, the Shi’a have
their own special sources and references in narration of Hadîts and al-Quran, until when
there were contradiction against them, they refused to accept them even though the narration
were authentic. In the middle of them, there was another group that called Sunnah’s members.

Ijtihâd Sect Age

Next, It is about the formation of sect in jurisprudence of Islam19(Century ke-2 till
4 H). Among the typical criteria of this period are, first, the expansion of Islamic jurisprudence
that influenced by many factors: the concern of khalîfah towards the Islamic jurisprudence,
freedom of thought, lots of debates, lots of occasions occur, the cultural mixture, and
book keeping of knowledge. Secondly, the formation of jurisprudence sects.20

17
Abû Zahrah stated it with the Sunnah-based jurists and opinion-based jurists. He was
not agree with other people that say Sunnah-based jurists only exist in Hijaz and opinion-based
jurists only exist in Iraq. The base on the branding are: a) The rate of opinion-based (ra’y) in Iraq
are widely used. b) The opinion-based (ra’y) for Iraq citizens are commonly based on analogy
methods, meanwhile the citizens of Medina are based on looking at the benefits gained from
an action. Muhammad Abû Zahrah, Târikh al-Madzâhib al-Islâmiyyah (Kairo: Dâr al-Fikr al-‘Arabî,
1996), p. 259-260.
18
Râsyid Hasan Khalîl and ‘Abd al-Fattâh Abd Allâh al-Barsyûmî, al-Sâmî fi Târîkh al-Tasyrî‘
al-Islâmî (Kairo: t.p, 1997), p. 158-168.
19
Muhammad ‘Alî Sâyis, Târîkh fî al-Tasyrî‘, p. 124-125.
20
Starting with the contradiction of the Companions in determining a law, some of them
based on the verse, and some of them based on making diligent and flexible in debating about
the justification of the law. As the effect, the schools of Islamic Jurisprudence were widely emerged

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This period started since the second century of hijrah. This century can be considered
as the strength growth era, the maturity of thoughts, a widen academically life, an intense
and profound studies that producing a great Islamic Jurisprudence, absolute diligence, a
free rights in giving and taking out of Islamic law. At this period, the Quran, Sunnah and
language knowledge were being codified and contributing to the emergence of qâdhî (judge),
linguists, experts in ta’wîl and Hadîts, theologies and jurists. Muhammad ‘Alî Sâyis classifies
this period as the fourth period. Among the factors that contribute to the Islamic law growth
were: first, the concern of the Caliphs towards Islamic Jurisprudence and the jurists.The
concern of Caliph Muawiya and the Abbasid in giving supports towards the progression of
Islamic Jurisprudence Islam. In fact, they were focusing on religion matter. During the
reign of Caliph Abû Ja‘far al-Manshûr, he influenced them by giving a reward. Al-Mahdî
fight against the heretics. During the reign of al-Rasyîd, he specified Abû Yûsuf as his friend,
and during the reign of al-Makmûn he allocated his time with the scholars for academics
discussions.
The second, the freedom of thoughts. Among the reasons of the spreading of Islamic
Jurisprudence among the scholars were because of the freedom of thoughts in academics
research, among them there were scholars made a diligent (ijtihâd) in understanding a certain
law with peacefully and serenity without afraid of the authority or people who sustained
their views. Lots of debates and discussions occurred. Contradiction and debates always
happen among the scholars. For example among the scholars from Hijaz and Iraq during
the reign of Umawiyah.21

in various places. In fact, the political influence becomes a reason of emanating a sect such as:
syi’ah and Khawarij, and some of them based on academic background such as: sect Hanafî, Mâliki,
Syâfi’î, Hanbalî, Awzâ‘î, Bashrî, Layts, Dhahirî, Thabarî and so on, and this happened because
of the separation of Islamic Jurisprudence and became an independent knowledge. Muhammad
Salâm Madkûr, al-Madkhâl li Tasyrî‘, p. 95. The five prominent sects– Ja‘farî, Hanafî, Mâliki, Syâfi’î,
and Hanbalî,– emanated during the reign of Abbasids. For the previous age, when people talked
about sects (sects), it means sects among the Companions of Prophet Muhammad PBUH, ‘Umar,
‘Âisyah, Ibn ‘Umar, Ibn ‘Abbâs, ‘Alî and so on. According to Murtadhâ al-‘Asykarî as being taken
by Jalâl al-Dîn – the initial sect have two main groups: school of Caliphs school of ahl Bait. The
first group has two main branches: school of al-hadith and school of al-ra’y. See Jalaluddin Rachmat,
“Critical View on Islamic Jurisprudence History: From the Reign of al-Khulafâ’ al-Râsyidîn until
the Age of Liberalism,” in Nurcholish Madjid, et al., Kontekstualisasi Doktrin Islam dalam Sejarah
(Jakarta: Paramadina, 1995), p. 268-269.
21
Muhammad ‘Alî Sâyis, Târîkh fî al-Tasyrî‘, p. 124-125. Even though the contradiction
between both sides – as stated by Nurchalish Madjid – only on their characteristic and intellectual
style of their region. Meanwhile in individual level, many of them did not follow the general
characteristic. The generalization was actually referred to scholars such as Rabî‘ah that considered
as the “Kelompok Penalaran” and Ahmad bin Hanbalî was categorized into narrative side. See
Nurcholish Majid, et al., Konstekstualisasi Doktrin Islam dalam Sejarah, p. 243. I do think that is
important to find a good method to solve the various problem in the society as suggested by
a number of scholars. See example; Kamaruzzaman Bustamam-Ahmad, “The Application of
Islamic Law in Indonesia: the Case Study of Aceh,” in Journal of Indonesian Islam, Volume 1,
Number 1, June 2007.
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Even though, the contradiction between both sides – as stated by Nurcholish Madjid–
only on their characteristic and intellectual style of their region. Meanwhile in individual
level, many of them did not follow the general characteristic. The generalization was actually
referred to scholars such as Rabi’ah that considered as the “Kelompok Penalaran” and Ahmad
ibn Hanbal was categorized into narrative side.22
Thirdly, the effort of systemize the law in Islam. The scholars at this moment had set
a law that suitable with the needs of humanity, which they cling with the verses or the defection
of the verses because their comprehension will become the law and will be implemented
towards the society.23 Among of the advantages of this periods were giving easiness towards
the society to implement it in their life because every single inquiry that they were doubt
in it, they can straightly refer to Jurisprudence book. Meanwhile, the disadvantage of this
period is the ended of ijtihâd efforts in taking out a law, and people feel they do not have
to think any more about the jurisprudence because every inquiries already have their answers.24
According to me, this period was the climax period of jurisprudence because during
this period the Jurisprudence is Islam was being systemized until the Islamic jurisprudence
knowledge had widely spreads to the worldwide and becomes the academically debates
in the modern age. However the impact of the formation of sects, it had enrich the Islamic
knowledge treasure.

Ijtihâd of Iftirâdhî in Islamic Jurisprudence

This period oscillated between the middle of 4th Century-656 (the collapse of Baghdad).
Among the typical characteristic of this period are: firstly, scrutinize the justification of a
certain jurisprudence. Secondly, assuming of an occasion with the law. Jurists of ra’y
(opinion) who were scholars from Iraq gave their opinions on the situations that will happen
in the future in various perspectives, in fact they were discussing about problems that beyond
the reality, however, logically it may happen. The freedom in thinking had made the scholars
became more focused in their studies. This had made the quantity of Islamic Jurisprudence
became wider and larger and have various laws. Furthermore, with the respond from other
scholars regarding the opinion had expanded the quantity of Islamic Jurisprudence. 25
Thirdly, great debates occur on the assumption. Fourthly, the process of proving the

22
Madjid, et al., Kontekstualisasi Doktrin Islam, p. 243.
23
Among the reasons of emanation of Islamic Jurisprudence sects are: The expansion of
Muslim Kingdom and the variety of culture; the spreads of jurists in various cities; lots of
fatwa and situations occurred; effort of arrangement of books (tadwîn) and translation occurred;
political influence. During the Abbasids reign, the scholars were given a freedom of having
long discussion and debates because the reign was built on the name and purpose of religion.
Islami. Muhammad Salâm Madkûr, al-Madkhâl li Tasyrî‘, p. 93, 95-98.
24
Amir Syarifuddin, Ushul Fiqh, Vol. I (Jakarta: Logos, 1997), p. 32.
25
Muhammad Salâm Madkûr, al-Madkhâl li Tasyrî‘, p. 100.
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verses by the sects followers. Fifthly, the other views that oppose in the sects. Sixthly, taking
out the various origin problems of their leaders. Seventhly, the collapse of Islamic Kingdom
that stop the freedom of thought.26 Eighthly, the modern scholar in jurisprudence, only
limit the research and discussion in a narrow scope and perspectives not as the previous
scholars that never limit their discussion in certain scope and perspectives. Until give an
overview the other sects that do not similar with them as the wrong one. Ninthly, among
the main criteria are they want to nurture the methods of their previous leaders in sects.
The causes of stagnation scholars in this period: (1) The development and advancement
of writing and essay previously ease the people that came after them. (2) They feel authoritative
for some scholars to criticize relatives who perform due to maintenance reasons of religion
or malice. (3) Decline and fall of the Kingdom so less attention given to the feasibility of
a person of becoming a muftî. (4) There is a kind of campaign the pupils of an Imam so that
the teaching process is only limited to a certain sect.27 Before the middle of the seventh century,
the fall of Baghdad to the hands of the Tartar and including al-Mu’tasim, the last Abbasid
caliph. Jurists at this time refer to the imitation as the priests had left a huge treasure in the
form of law to the problems that arise at the time. Especially good fortune often shows a
certain sect followers who became Qadi, mufti and others. When there is a weakness in the
state, authorities sometimes set mufti who is not experts. Because it was also the jurists
getting away from diligence, either because of laziness or subject to the opinion formulated
as ijma’ (consensus).
Since the early of the Fourth Century in Hijrah, the Muslim Kingdom strength started
to decline that cause schism to be happened. The kingdom sometimes colonized by Tartar
and sometimes by Bani Buwaih. The condition of country had made the freedom of thinking
among the scholars being narrowed. It is because they were suppressed by the colonizer
that causes them to be based on taqlîd (follower). They were gradually getting far from the
process of diligence until a jurist only hold certain sect. Moreover, they giving out command
it are prohibited for followers to migrate from a sect to another sect that they wanted to.28
Writing this time adapted to the method of writing other material which covers the theory,
principles and its codification. By studying a section, the discussion includes various furû‘and
the opinions of various sect and opinion by making comparisons, all of which are in the book
of bylaws. Writings avoid maslak of honor, syarh and hawasyi, as well as from fanaticism
and influence others. Law which was in line in accordance with the Qur’an and Hadîts,
to highlight various opinions, postulate, scientific discussion and independent.
The second stage begins with the fall of Baghdad in the hands of the Mongols in 656
H. Jurists in this century that is called as scholars of muta’akhkhirîn. Map scientific center

26
Ibid., p. 105.
27
Ibid., p. 106-111.
28
Ibid., 105.

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was moved from Baghdad, Bukhara and Nishapur into Egypt, Sham, India, Minor Asia and
Africa. Mujtahid activities are limited to attempt to sort out between a weak and a strong
history, focusing on the book last Syarh Mukhtasar, even Syarh ‘alâ Syarh. Therefore, the
shape of future work is mostly in the form of syarh, and hashi’a. Also essay form al-fatwa,
the law is based on explanation and classification according to the book of Islamic Jurisprudence.
Ibn Taymiyyah and Ibn Qayyim are including those against the current stagnant condition.
Actually, the taqlîd period did not happen at once but happens gradually which because
of the malevolence of the outsiders towards the Islamic Kingdom. Essentially, this is not
the first attempt, but never performed in the 2nd century of Abbasid period. Then appear
again at the end of the thirteenth century migrated with a clearer format. Ibn al-Muqaffâ
effort ‘in the second century Hijrah, the beginning of the reign of the Abbasid Caliph Abû
Ja‘far al-Mansûr wrote a letter inviting to establish a law that applies to all of the city; the
source of the Qur’an and Sunnah. When not found nashsh, then through the reasoning
that refers to the justice and welfare. It is necessary according to his opinion because of
the many differences of opinion on an issue scholar.
Caliph Abû Ja‘far al-Mansûr and Hârûn al-Râshid Mâlik invited to force the community
to follow a single school of thought. However, this invitation was rejected by Imâm Mâlik.
In the 11th century Hijrah, Muhammad Sultan ‘Almakir, one of the king of India, formed
a committee composed a comprehensive book against history of Zhâhiri. The effort has resulted
in a work called the al-Fatâwâ al-Hindiyyah. 29 The advantage is the expansion and explanation
of jurisprudence book; they follow to taking out an authentic law as their previous leaders.
The weakness is that they do not think and studying critically and creatively the jurisprudence
product to be suited and implemented with the current condition. 30
I agree to name it with period of taqlîd and jumûd (old-fashioned). It is because the
scholars had made an effort to make a research and study even though not as great as
before because of the country condition that was not stabilized. Therefore, if it is scrutinized,
the reasons why the current scholars less active in making research is because of the political
condition that restrained their freedom to become active.
Islamic Jurisprudence is the knowledge of the law of comparative personality ‘by
knowing the various opinions in the matter, the argument of that opinion and the underlying
rules to make comparisons and take an opinion closer to the truth, as well as conducted a
study comparative with the laws in force in our country and developed countries.
This period oscillated from 7th century until now. The criteria of this period are the
emergence of reformer and innovator to oppose taqlîd that happened previously. Secondly,

29
Ibid., p. 110; Compare with Mhd. Syahnan, “Modernization of Islamic Law of Contract
Modernization of Islamic Law of Contract: A Study of ‘Abd al-Razzaq al-Sanhuri’s Masadir al-Haqq
fi al-Fiqh al-Islami: Dirasah Muqaranah bi al-Fiqh al-Gharbi (Jakarta: Badan Litbang & Diklat Departemen
Agama RI, 2009).
30
Amir Syarifuddin, Ushul Fiqh,p. 32.
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the efforts to rise the thoughts. The third is the writings of contemporary jurisprudence in
Islam.31 The fourth is the effort to make a law that free from any sects.32 The fifth, the change
of methods in learning jurisprudence in Islam. The sixth, the formation of Islamic Jurisprudence
Comparison33 is included in the current progression. The seventh, the emanation of new
attainments that are assumed to be more representative in solving the current problems.34
Ottoman Government in the late thirteenth century Hijriyyah face the overload of
group of scholars to form a law of al-mu‘âmalah al-madaniyyah (civil law) taken from Islamic
Jurisprudence to remain bound to the al-Hanafî sects. But taking into account the benefit
of man and the spirit of the times, without having to be bound by the opinion of authentic
in sect. So this committee resulted in a number of Islamic laws Jurisprudence matching
the events occur. These are all published in “Majallah al-Ahkâm al-‘Adliyyah”. This magazine
contains 1581 discussions that are easier, much of the dispute; even contain the authentic
opinions by sect for the benefit of considerations of that era. Implementation began in
1293 in high tribunals. In 1326 a law, marriage and divorce are no longer quote from al-
Hanafî sect. At the same time, considered to be the first time the embodiment of Ibn al-
Muqaffâ ‘with the support of Abû Ja‘far al-Mansûr and Harûn al-Rasyîd. This period is
also no longer a handle on a particular sect and away from taqlîd.35 Egypt is not left behind
in the development of Islamic Jurisprudence and its efforts in forming law into human
intent. Qânûn no. 25, 1920 are taken from the sect four. Last Qânûn 1923, 1929 are no
longer bound by the four sects and so on have always been progressing.
Among the advantage of this period was, thinkers and scholars were influenced to
face the reality law that can produce jurisprudence formula that is parallel with the circulation
of age. The disadvantages are that, lots of formulation that being offered was still in theory
and discussion but not being practically implemented. This may be happened because of
differentiation between the level of knowledge and information among the idealist with
the actual and real condition of the society.36 I also see lots of books written about the
periodization of Islamic jurisprudence. However, the books did not include the basic explanation

31
Muhammad Salâm Madkûr, al-Madkhâl li Tasyrî‘, p. 117.
32
Ibid., 118-120.
33
Ibid, 114-115.
34
Muhammad Salâm Madkûr, al-Madkhâl li Tasyrî‘, p. 120-121.
The final study refers to the restoration of relations between the reader Author, reviving
impartial role between Text, Author and Reader, Opacity and Transparency meaning and so on.
M. Amin Abdullah in Khaled Abou El Fadl, Atas Nama Tuhan (Jakarta: Serambi, 2004), p. xi-xvii.
35
Muhammad Salâm Madkûr, al-Madkhâl li Tasyrî‘, p. 120-125. The final study refers to the
restoration of relations between the reader Author, reviving impartial role between Text, Author
and Reader, Opacity and Transparency meaning and so on. M. Amin Abdullah in Khaled Abou
El Fadl, Atas Nama Tuhan, p. xi-xvii.
36
This final research had return back the relationship between the author and the reader,
reviving a balance function between texts, authors, and readers and so on. See, M. Amin Abdullah
in Khaled Abou El Fadl, Atas Nama Tuhan, p. xi-xvii.

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of criteria for ever periods until there are necessity to differentiate between the periods.
In my opinion, even though there were long intervals between these periods, there are no
necessities to separate between them as long as there are not predominating factors that
need them to be separated. This means there were two periods that had specific criteria
that becomes impossible for them to be combined into one period.
A book written by Râsyid Khalil and Abd al-Fattah Abdullah Al-Barsyumi titled al-
Sâmi Fi Târikh al-Tasyri’ al-Islâmi37 for example, the periodization of Islamic jurisprudence
divided into six parts. The sixth period that initially started by Baghdad collapse until nowadays,
were being called as the jumûd and taqlîd period. I do not agree with this. It is because according
to me, this period should be divided into two periods. From 4 H until 6 H can be assumed
as the Islamic Jurisprudence Iftiradhi period. This period cannot be assumed as jumûd (old-
fashioned) because the scholars still making the ijtihâd process even though they were not
as free as before. I observe the combination between the Companions (shahâbat) and tâbi‘in
becomes one period whereas both period have their own specific criteria.
The circulation period has resulted various types of thoughts and works to develop
Islam especially in the expansion of jurisprudence. The theory of benefits by al-Syâthibi
had been elaborated in terms of theoretical and implementation so that the theory and
the implementation of jurisprudence becomes very flexible. The expansion of jurisprudence
done by Abid Al-Jabiri, Abou Fadel and others, are very fundamental research. This becomes
the main criteria in building the jurisprudence in Islam.

Thawâbit and Mutaghayyirat: a Consideration in Ijtihâd

When talking about ijtihâd, matter that needs to be viewed is the significant differentiation
between two terms in religion methods, thawâbit (fixed) and mutaghayyirat (interchangeable).
Thawâbit (fixed) means something that state, constant and non-interchangeable from
time to time. This is because, the part includes general, macro and universal matters.
Meanwhile mutaghayyirat (interchangeable) is something interchangeable according
to place and time. It is flexible, dynamic, accommodative, and consider a suitable benefits
according to Islamic jurisprudence. Abdul Karim Soros says there are ten points about
this method. However I will just take four points from it as followed: a) The religion and
the knowledge about the religion are two different things; however they are not contradicted
from each other. b) The religion is constant, meanwhile the knowledge about religion is
depends on the human comprehension that are dynamic and changeable. c) Jurisprudence
is secular knowledge including ‘ardhiyyat al-dîn (religious formality) d) Syariah is ‘silence’,
it responds and feedback communication based on how we communicate with it. 38

37
Râsyid Hasan Khalîl and Abd al-Fattâh Abd Allâh Al-Barsyûmî, al-Sâmî fi Târikh al-Tasyrî‘
al-Islâmî (Kairo: t.p, 1997), p. 222.
38
Abd al-Karim Soros, al-‘Aql wa al-Tajribah (Lebanon: al-Intisyar al-‘Arabi, 2010), p. 26-27.
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In mutaghayyirat (interchangeable) methods, the product of ijtihâd must be able to

be produced from a matured and concrete consideration especially in terms of benefits. All
this while, the usage of benefits was not strict and eventually becomes damages. Because
of that, Raysûni introduced wujûh i‘tibâr (objectives consideration perspective) as followed:
1. Tahaqquq min maqâsid al-nashsh al-syar‘i means understanding the meaning and
definition of verses syar’i. As we know, not every terms and syar‘verses can be understood
by guesswork but it must be focused deeply. Maybe certain parts have literal meaning,
and sometimes can be gained from the content of sharia and its objectives. For instance,
in comprehending term adh‘âfan mudhâ‘afah in Q.S. Ali ‘Imrân/3: 130.39 A mujtahid
should be able to scrutinize and study the lessons and secret behind the word. What is
actually meant by debt that continuously and multiply increased? Is it the basic debt
or its interest? Raysûni stated that, the continuously and multiply increased is not on
the capital money however its interest. But, the term can be understood by vice versa
means if the increasing is not happening, it is not considered as usury as understood
by a certain contemporary scholars. By observing other verses, including the previous
verse, hence, this term is not maqsûdah. Usury as stated by al-Raysuni, is still forbidden
and prohibited whether the amount is large or small. The term is being used to describe
the bad effects of usury itself.40
2. taharri ma‘rifat al-hikmah wa al-mashlahah al-maqshûdah means to scrutinize the
understanding of the wisdom and benefits that is desired, hence to understand the meaning
and discuss about the wisdom behind the particular law
3. al-nadhr fi mâ yudhann maqshadan wa lays bi maqshid means to observe any verses
that are assumed as the objectives of sharia however they are not. Raysûni uses the
verses that contains about the excoriation of world and be humble with it. Some may
think we must avoid from having wealth and its grace, however it is not meant by
that 45. It’s actually means is as stated by al-Ghazali which to take a middle approach
(i‘tidâl) between ifrâth (excess) dan tafrith (insufficient)41 and in order to reach the
ultimate purpose of Islam as rahmat li al-‘âlamîn.42
4. al-tamyiz bayn mâ huwa maqshûd li dhâtih wa mâ huwa maqsûd li ghayrih means to
differentiate between the objectives of sharia related to the matter and other matter that
comes with it. Therefore, something that is forbidden by sharia is sometimes because

39
Ahmad Raysûni, Maqâshid al-Maqâshid: al-Ghâyat al-‘Ilmiyyah wa al-‘Amaliyyah li Maqâshid
al-Syarî‘a (Lebanon: al-Syabakah al-‘Arabiyyah li Abhâts wa al-Nasyr, 2014), p. 99.
40
Ibid..p. 100.
41
Al-Ghazâlî, Abu Hâmid Muhammad ibn Muhammad al-Thûsî. Ihyâ ‘Ulûm al-Dîn, III, n.pl.:
n.y. p. 63.
42
Fauzi, “The Interactions Of Madzhabs In Aceh: The Tripolar Typology” in MIQOT: Jurnal
Ilmu-Ilmu Keislaman, Vol. XlLI No. 1 Januari-Juni 2017, p. 17.

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of the dzat (substance of the action or the word) or because of lighayrih (other factors
that comes with it), as being commanded. 43
5. murâ‘at al-maqâsid al-‘âmmah ‘ind kull tathbiq juz’i means to observe to the general
objectives during stating the specific one. A mujtahid will review daruriyat al-khamsah
(five main principles) during taking out specific law (fatwâ).44
6. murâ’at al-maqâshid al-khâshshah bi al-majâl al-tasyri’ al-ladzi tanmi ilayh mas’alat
al-bahts means considering the specific objective of sharia in tasyri’ context related to
the problem discussed.
7. murâ’at muthlaq al-mashâlih al-mursalah means to observe the determination of al-
masâlih al-mursalah. It means, every question that included in al-masâlih al-mursalah
should have a dalil and its argument.
8. tartib al-hukm wa darajâtih, bi qadr al-mashlahat aw al-mafsadah means the hierarchy
of law and its level must be suitable with the level of its benefits and damages. Benefits
at the lower level can be categorized into Sunnah, meanwhile, a higher benefits can
be categorized into compulsory (wâjib). Same goes with the prohibited (harâm).45
9. murâ’at al-maqâsid ‘inda ijrâ’i al-aqyisah is meaning to observe into the objectives
when using the comparative method. Ibn Taymiyyah mentioned that, knowledge about
the true comparative is very important, and it is owned by the one who understands
the wisdom and secret of syariat and its objectives and also its benefits that included
in Islamic taught. It also gives benefits towards the humanity in this world and hereafter
which contains wisdom, benefits, blessing and holistic justice. 46
10. i’tibâr al-ma’âlat wa al-‘awaqib47 means considering prospective forward and the
consequences of a certain action. Al-Syâtibi stated that considering the consequences
of a certain action as the objectives of sharia, whether it is unanimously or contradicted.
A mufti cannot make a law (compulsory or forbidden) until he scrutinizes the effect
of the matter. The matter may be assumed can give a benefits or damages at the moment,
but the effects of the action becomes vice versa.48

43
Ahmad Raysûni, Maqâshid al-Maqâshid: al-Ghâyat, p. 99.
44
Abû Hâmid Muhammad ibn Muhammad al-Thûsî al-Ghazâlî, al-Mustashfâ fî ‘Ilm al-Ushûl,
Vol. I (Beirut: Muassasat al-Risâlah, 1997), p. 417.
45
Ahmad Raysûni, Maqâshid al-Maqâshid: al-Ghâyat, p. 112.
46
Taqiyy al-Dîn Abu al-‘Abbâs Ahmad ibn ‘Abd al-Halîm Ibn Taymiyyah al-Harrânî, Majmû‘
al-Fatâwâ, Vol. 4 (Saudi Arabia: Majma‘ al-Mâlik Fahd li Thibâ‘ah al-Mushhaf al-Syarîf, 1995),
p. 363.
47
Ahmad Raysûni, Maqâshid al-Maqâshid: al-Ghâyat, p. 97-98.
48
Ibrâhîm ibn Musâ ibn Muhammad al-Lakhmî al-Gharnathî al-Syâthibî, al-Muwâfaqat fi
Usûl al-Syarî‘ah, Vol. 4 (Kairo: Maktabat al-Tawfiqiyyah, n.d.), p. 194.

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Ijtihâd Concordance Cases

Lots of ijtihâd cases use benefits method, however become damages because of not
cautiously used the methods. The examples of the cases as followed:

The Non-Multiply Usury

Tahaqquq min maqasud al-nashsh al-syari‘ means to understand the meaning of verses
of al-Quran and Hadîts . As we know not every terms and verses in al-Quran and Hadîts
can be understood literally and through assumption however need to be studied deeply.
Maybe certain verses have literal meaning, and maybe certain verses can be understood
from its objectives. For example, the understanding of adh‘âfan mudhâ‘afah in Q.S. Ali
‘Imrân/3: 130.49 A mujtahid must be able to study the wisdom and the secret behind the
term. What is actually meant by continuously and multiply increase, is it the capital money
or the interests of the money. Al-Raisuni stated that, the multiply is not on the capital money,
but the interests. However the term can be understood as if the non-multiply does not
occur then it is not considered as usury as being understood by contemporary scholars. By
observing into other verses, including the previous verse, the term is not maqsûdah. The
usury – says Raysûni– is constantly prohibited either in small amount or large amount.
Therefore, this term is being used to emphasize the badness of usury itself.50

Fasting Kaffârat
A scholar from Andalusia, Yahya bin Yahya al-Laythi (152-234 H) gave fatwa towards
the King ‘Abd al-Rahmân ibn Hakam (176-278H) that had sexually intercourse during
the day of Ramadhân. The king need to fast for two months consecutively as his sentence.
According to him, for a king, by freeing a slave as the punishment will not give a positive
impact to respect the Holy month of Ramadhân. In that Hadîts, the scholars were contradicting
each other in determining a sentence whether by al-tartib or al-takhyir.51

Conclusion
Guidelines ijtihâd in my opinion, is very fundamental and crucial to be implemented
as to produce a justice law for the benefits of the society. Contemporary cases nowadays

49
Ahmad Raysûni, Maqâshid al-Maqâshid: al-Ghâyat,p. 99; See also, Mhd. Syahnan, “Modern
Qur’anic Exegesis and Commercial Contracts: A Comparative Study of Rashid Ridha’s and Sayyid
Qutb’s Interpretation of Some Riba Verses,” in MIQOT: Jurnal Ilmu-Ilmu Keislaman, November-
December 1997, pp. 15-23.
50
Ahmad Raysûni, Maqâshid al-Maqâshid: al-Ghâyat, p. 100.
51
Ibrâhîm ibn Musâ ibn Muhammad al-Lakhmî al-Gharnathî al-Syâthibî, al-I‘tisham, Vol.
II (Beirut: Dâr al-Kutub al-‘Ilmiyyah, n.d.), p. 352-354.
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for sure need a highly full attention from the genius and cautious law makers. The coordination
must be done by looking at previous occasions as a lesson, the current time, and the future
as the effect of product of law. Mujtahid should be able to determine between thawâbit
(fixed) and mutaghayyirat (interchangable) so the society will not get confuse later on with
the ijtihâdiah that had been made. This is very important to differentiate between the measurer
and what is being measured and also what becomes the sources, methods and analysis
material. This guideline is very important to produce a systematic and synergic thought.
Arrangement and mapping of ijtihâdiah according to my is very important in order
to produce a legal product that is wise and fair for the benefit of the people. Today’s contemporary
case certainly invites the attention of intelligent, genius, and ihtiyâthi (cautious). The arrangement
here should be directed to mujtahid qualification by reading the present as a reality and
a future coming as the impact of a product. Mujtahid must also be able to map the domain
of thawâbit and mutaghayyirat so as not to confuse the society in the future towards the
product of ijtihâdiah. It is important to distinguish between what is measured and which
are the source, method and material of analysis. Mapping like this according to the writer
needed to be able to organize the thinking systematic and synergistic.

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