Ijtihad dalam Ushul Fiqih (PAI I Semester Ganjil 2019/2020)

IJTIHAD IN USHUL FIQIH

Aulia Maziatul Hikmah

Student of Islamic Education

Faculty Of Teaching And Teacher Training

Islamic University of Maulana Malik Ibrahim Malang

email : auliamazia@gmail.com

Abstract

This article discusses about ijtihad in ushul fiqh. Ijtihad it self is The mobilization of the ability of a fiqh expert to explore the laws (syara ’) which are amaliyyah from detailed propositions. In ijtihad there are many things that need to be considered to explore an Islamic law. In ijtihad it is necessary to consider how the position of ijtihad in ushul fiqh, the object of ijtihad and anyone who is allowed to do ijtihad (mujtahid) and its level so that the results of ijtihad can be proven valid. In this case also explains how ijtihad develops from time to time. Until the development of ijtihad at this time it was said to have been closed.

Keywords: Ushul fiqih, Ijtihad, Mujtahid,

A.  Introduction

Usul fiqh has existed since the time of the Prophet. When the Prophet was still alive, all problems were immediately asked to him by mentioning the verses of the Qur'an. When the answer sought is not in the Qur'an, he gives the answer through his own thought and determination called the hadith or sunnah. The Qur'an and Hadith are the main sources of Islam throughout the ages. In the times, many problems that appear increasingly complex. In this case, ijtihad is needed as an effort to find solutions to unknown legal problems

Ijtihad is the act of a mujtahid to produce a law for a problem in the scope of world life. He is the key to the development of Islamic law, especially to deal with problems that have not existed before. Ijtihad is dynamic in harmony with the times. If the problems of humankind today are increasingly complex, then ijtihad to find solutions in Islam is a non-negotiable step. As in the Qur'anic verse in the surah Al-Baqarah (2) verse 286 as follows:

Allah does not burden a person but according to his ability. He gets the reward (from virtue) that he works for and he gets the torture (from evil) that he does…………..

The problem is that ijtihad has been seen as something very sacred and difficult to do, only those who have reached the degree of mujtahid are entitled to do ijtihad. Is it true that there is no more mujtahid now? And is it true that the door to ijtihad is closed?

B.  The Definition of Ijtihad

In etymologically the word ijtihad is a masdar form of the lafadz "ijtihada-yajtahidu-ijtihadan" taken from the root word "jahada-yajhadu-jahdan" which means: to mobilize carry out all abilities or bear the burden. Therefore, "ijtihad" according to language is the mobilization of all efforts that are optimally and optimally possessed.[1]

As for the term ijtihad in termonology, there are several definitions put forward by scholars'. Among others are:

According to Muhammad Abu Zahrah[2]:

 

Exertion of the ability of a fiqh expert to explore the laws (syara ’) which are‘ amaliyyah from detailed propositions

According to Imam Al-Syaukani in his book Irsyad al-Fuhuli the definition of ijtihad is Exerting the ability to obtain syariah law 'which is practical through istinbat

       Al-Amidi formulated ijtihad as devoting all his abilities in searching for zhanni, sharia laws, to the extent that he felt unable to exceed his efforts.[3] According to the opinion expressed by Al-Amidi, it is understood that the field of ijtihad is limited to issuing shar'i laws that are practical in zhanni ranks. Thus, it can be said that the results of ijtihad from a mujtahid are relative, not absolutely correct, or borrow the term usul fiqh, interpreted as something that approaches the truth in the mujtahid's view.

From the definitions above, it can be concluded that the definition of ijtihad is:

1.    Maximum mobilization of reasoning power

2.    Ijtihad efforts are carried out by people who have reached a certain degree in the scientific field called faqih

3.    The product or result obtained from the ijtihad effort is a strong allegation about sharia law 'which is amaliyah

4.    Ijtihad efforts are pursued through istinbat methods  [4]

Ijtihad in this sense is an expression of one of the evidence used by a faqih and also a source of law for him. So, pesrsis like a faqih relies on the Qur'an and sunnah and uses evidence from hujjah, so he relies on his own ijtihad and uses it as evidence and hujjah in cases where no suitable and suitable texts are found.[5]

C.  The Position of Ijtihad

What is the real position of ijtihad in the view of Islamic law? In the study of jurisprudence and ushul fiqh ijtihad is the third source of Islamic law after Al-Quran and hadith. This means that ijtihad has an important position in Islamic law.

The legitimacy of ijtihad is often based on some traditions from the Prophet. Some of these traditions indicate that the Prophet encouraged and permitted his companions to use ijtihad as a means to decide upon the law in certain matters. So, the use of the word ijtihad actually has been used not only in the days of friends, but has been started since the time of the Prophet.

Here are some of the famous traditions made by Muslims against the position of ijtihad. Including the following:

1.     Hadith narrated by Bukhari and Muslim

Rasul Saw said,. “If a judge will decide a case and then he commits ijtihad, then the result is correct, then he gets two rewards (the reward of ijtihad and the reward of the truth of the result). And if the result is wrong, he gets one reward (reward ijtihad)”

2.    Hadis taqriri

Taqriri Hadith gives approval to Mu'adz bin Jabal. When the Prophet wanted to send him to become a qadhi in the land of Yemen.

Rasulullah Saw. Ask "What do you do if a case is brought to you?"

He replied, "I will establish the law by the book of God"

Asked the Prophet "If you do not find law in the book of Allah?"

Muadz replied, "I will set it by the sunnah of the Prophet"

The Prophet asked. "If you do not get in the provisions of the Prophet?"

Then Muadz said, "I strive with my opinion"

"Then the Prophet patted my chest with his hand while saying. "All praise is due to Allah who has given instructions to the Messenger of the Prophet, towards the path favored by the Prophet (HR Muadz bin Jabal) [6]

From the example of the hadith above, of course there are many more stories that talk about ijtihad, most scholars agree that ijtihad has valid legitimacy as the third source of Islamic law, namely after the Quran and Hadith. This was followed by the companions after the Prophet's death. They always make the pilgrimage if they find new problems that are not contained in the Quran and the Sunnah of the Prophet.

D.  History of Ijtihad

Islam is a religion that is not only intended for a certain period, but will still be appropriate for the time of every human being. For this reason the Prophet Muhammad in his lifetime did not forget to teach his friends so that they have the ability to understand the laws in every aspect of life in accordance with his instructions and can act according to the will of God. This can only be achieved well by promoting ijtihad between them

At the time of the Prophet, the Prophet and his companions had carried out ijtihad in many legal matters, the Prophet had an emigration by agreeing with Abu Bakr's opinion on the issue of prisoners of war. The Prophet also never denounced the results of the ijtihad of the Companions, such as when the Prophet told the Companions on al-Ahzab to pray the Ashr in the Bani Quraidhah village. Some of the Companions made pilgrimages and prayers on their way, because the words of the Prophet according to them did not intend to slow down the prayer, but intended for them to hasten and move faster. Some of them made the pilgrimage to postpone the prayer until they arrived at the Banu Quraidhah, so they only performed the Asr prayer at night. The Prophet also confirmed that the ijtihad was carried out by 'Amr ibn Ash, who tayammum because of the cold of the day while he was praying then the dawn prayer in congregation, the event was known by the Messenger of Allah, so he asked the subject to' Amr ibn Ash and answered "I am afraid of being cold. O Messenger of Allah, and did not Allah say in the following verse:[7]

 

                                 ………………                                                           ……………………………

“…..Don’t you kill yourselves, surely Allah loves you deeply” Q.S an Nisa (4):29

       The Prophet also approved of the legality of ijtihad during his lifetime to be used as a legal proposition, it was like the words of the Messenger of Allah to Mu'adz ibn Jabal who condemned him to do ijtihad if he did not find a passage and so forth. After the death of the Prophet Muhammad (632 AD) ijtihad activities did not stop, even practiced and developed by friends. The first ijtihad done by the friends was during the reign of Abu Bakr about paying zakat. At that time many were reluctant to pay zakat then Umar bin Khattab argued that those who were reluctant to pay zakat should not be fought but differed from the opinion of Abu Bakr he argued that people who were reluctant to pay zakat still had to be fought. This opinion of Abu Bakr was agreed by other friends and agreed to fight those who did not want to pay zakat as recorded in history. The case proves that the friends joined the passage with the passage, and the dispute between them was returned to agreement. The case also shows that the ijtihad that has been carried out has covered issues not mentioned by the passage.

       Ijtihad in the development of Islamic law did not stop at the time of the Prophet and his companions but continued until the tabi'in and tabi 'tabi'in until the end of the third century of hijrah. At this time, the great mujtahid scholars were born who were known as priests of the four schools who had evolved to this day namely Abu Hanifah (80H / 150M), Malik ibn Anas (93H / 179M), Muhammad ibn Idris al-Syafi'iy (150H / 240M) and Ahmad ibn Hanbal (164H / 241M) at this time Islamic law reached its peak. This period is also often referred to as the "period of ijtihad and the golden age of Islamic law”.

       In the beginning of the 4th century the Hijri changed drastically. The spirit of ijtihad that had ignited in the previous period gradually died out and disappeared. From this arises a sad situation for the development of Islamic law, namely the emergence of an attitude only bertllid to mujtahid scholars in the past. Indeed, before it was already existed, but only a layman who did not have the ability to perform jihad. But at this time the attitude of taklid was evenly distributed among the laity or the ulama. The statement that the door to ijtihad had been closed was accepted by the ulemas at that time. The ulama's efforts and activities carried out at that time were only about summarizing and composing the nazham of the previous ulama's works. The activity only revolves there without giving any significant development.

This situation lasted until the end of the 13th century Hijri (19 AD). The advances made by western nations have made Muslims realize that they have been sleeping for a long time. Therefore there arises an awareness of the need for rethinking in various fields of Islamic science. The figures such as Jamal al-Din al-Afghani, Muhammad Abduh, Muhammad Rasyid Ridha, Muhammad Iqbal and others are figures who are trying to give awareness to Muslims about the need to reopen the doors of ijtihad that had been closed.[8]

E.  The Object of Ijtihad

A further issue is what is the object of ijtihad in the study of Islamic law? According to Ibrahim Hosen, dividing Islamic law in terms of the proposition (the source that shows it) can be classified into four. Among others are :

1.    Islamic law about something that has been clearly stated by the argument of qath'i (Qur'anic text or Hadith that does not contain any condemnation or interpretation)

2.    Islamic law about something, which is shown by the argument of zhanni (verses of the Quran and the traditions that have zhanni status and contain judgment and interpretation)

3.    Islamic law regarding something, agreed upon by the scholars or in other words, legal provisions based on ijma’

4.    Islamic law about something which is the same as not yet confirmed or alluded to by the Quran, sunnah or ijma’[9]

Based on the above division, according to Ibrahim Hosen, ijtihad can be done only on two points. First, there is a problem whose law is shown by the argument of zhanni which is then famous for the problem of fiqh. Second, something that the law has not been touched on either by the Quran, sunnah, or ijma '. Then, if the outcome of ijtihad is contrary to the text, the ijtihad is null and void, or rejected, as stated in the principle of "there is no ijtihad against texts". In this case, Ibrahim Hosen argues that the object of the study of ijtihad can only be done in the field of jurisprudence

F.   Various Kinds of Ijtihad

The distribution of ijtihad in terms of methodology, as formulated by ad-Duwailibi, can be divided into three types, namely:

1.    Al-Ijtihad al-bayani

That is an activity of ijtihad which aims to explain the laws of sharia 'contained in the Qur'an and the Sunnah.

2.    Al-Ijtihad al-qiyasi

Namely the activities of ijtihad to establish shariah laws 'on legal events that do not have the Qur'anic text or its hadith, by way of qiyas to the shariah laws' that have the texts.

3.    Al-Ijtihad al-istishlahi

That is an activity of ijtihad to establish sharia law 'on legal events that have its texts, both from the Qur'an and the sunnah through reasoning based on the principle of al-istishlah (benefit)

The above division was completed by Muhammad Taqiyu Al-Hakim, by stating the reasons including al-jami 'wa al-mani'. According to him, ijtihad can be divided into two parts, There are:

1.    Ijtihad al-aqli

Namely ijtihad whose hujjah is based on reason, not using the proposition of shara '. Mujtahid was freed to think, by following certain rules. For example, maintaining harm, punishment is not good if it is not accompanied by an explanation, and others

2. Ijtihad Syara’

Namely ijtihad which is based on syara 'included in this division are ijma', qiyas, istihsan, istislah, ‘urf, istishab, etc.

While ijtihad in terms of the number of people who commit ijtihad (mujtahid), ijtihad can be divided into two, namely :

1. Ijtihad fardi

     Namely ijtihad conducted by one or several people to find sharia law 'from a legal event that has no known legal provisions. In the past, this model of ijtihad was the most widely practiced, as was done by the four school priests.

2. Ijtihad jama’i

     Namely ijtihad activities carried out by all mujtahid to find the law of an event that happened, with this ijtihad resulted in mutual agreement. This model of ijtihad is called ijma 'al-ulama' [10]

G. Requirements of Mujtahid

Is mujtahid a form of the word fa'il (against) which means a person who is sincere by exerting all of his rational abilities, is trying to study Islam as stated in the Quran and the Hadith, with its proper analysis, provides assistance about the law- Islamic law[11] In general, the law of ijtihad is mandatory for a faqih who has reached the level of faqih. The point is that a mujtahid is obliged to do ijtihad to explore and formulate syariah law 'in matters that the syara' itself does not clearly and clearly stipulate. The point is that a mujtahid is obliged to do ijtihad to explore and formulate sharia law 'in matters which the sharia' itself does not specify clearly and surely.

Not everyone can be a mujtahid. Because basically there are many qualifications that must be fulfilled so that someone is said to be a mujtahid and has the right to explore a law. In detail Ibrahim Hosen's requirements for a mujtahid are as follows:

1.      Having extensive knowledge about verses of the Quran relating to legal issues. In a sense, discuss these verses to explore the law

2.      Have extensive knowledge of the traditions of the Prophet. Related to legal issues, in the sense of being able to discuss these traditions to explore the law

3.      Mastering all issues whose laws have been shown by ijma 'in order to determine the law of something, not in conflict with ijma'

4.      Has extensive knowledge of qiyas and can use them in istinbath law

5.      Knowing the science of logic, in order to produce correct conclusions about the law, and be able to account for it

6.      Mastering Arabic in depth. Because, the Al-Quran and sunnah as a source of basic Islamic law are arranged in a very high Arabic style. Within this height of language style lies the miracle of the Quran

7.      Knowing in-depth knowledge of nasikh-mansukh in the Quran and hadith so that in exploring the law do not use verses of the Quran or hadith that has been abrogated (delete)

8.      Knowing the background of the coming down of the verse (asbab al-nuzul) and the reasons for the issuance of the hadith (asbab al-wurud) in order to properly explore the law

9.      Knowing the history of the narrators of the hadith, in order to judge a hadith, whether it can be accepted or rejected. Because, determining the degree or assessment of a hadith is very dependent on the narrative of a narrator, commonly called the hadith sanad. Without knowing the history of the narrators of the hadith it is not possible ta'dil and tarjih can be done

10.  Mastering the rules of istinbath law (ushul fiqih) so that they are able to process and analyze legal arguments to produce a law of a problem that will be explored by law.[12]

The requirements set by the scholars above are in order to maintain the teachings of Islam in order to remain original according to its main sources. With such qualities, for a mujtahid, his ijtihad products are certainly far more qualified than the results of ijtihad carried out by just anyone without having qualified scientific quality.

If a mujtahid has fulfilled the requirements above, a mujtahid also has a level. The mujtahid levels of ulama ushul divide the level into five levels, namely as follows:

1.    Mujtahid Mustaqil, namely a mujtahid who is free to use the rules he made himself, he compiled his own fiqh that is different from the existing schools. According to Al-Suyuti, this level no longer exists.

2.    Mujtahid Mutlaq Ghairu Mustaqil, that is, those who have criteria such as mujtahid mustaqil, he did not create his own rules, but followed the method of one of the Imams of the school. This Mujtahid can also be referred to as mutlaq muntasib, not mustaqil, but also not bound, he is not categorized taqlid to his Imam, but rather follows the path taken by his Imam. Among them Abu Yusuf and Muhammad Jafar from Hanafiyah.

3.    Mujtahid Muqayyad atau Mujtahid Takhrij, that is, the mujtahid who is bound by the school of his Imam. Indeed, he was given the freedom to determine various grounds based on the proposition, but may not get out of the rules that have been used by his priest. Among these are Hasan bin Ziyad from the Hanafi group, Ibn Qayyim and Asyhab from the Maliki group, and Al-Buwaiti and Majani from the Shafi'i group.

4.    Mujtahid Tarjih, namely mujtahid who have not reached the rank of mujtahid takhrij, but according to Imam Nawawi in the book Majmu ', this mujtahid is very faqih, memorized the rules of the imam, knows the arguments, how to decide on the law, he also knows how to look for a stronger argument, and others. However, if compared with the above Mujtahid levels, in knowing the rules of the Imam, he is classified as still lacking. Among these are Al-Qaduri and the author of al-Hidayah in the Hanafi school of thought.

5.    Mujtahid Fatwa, that is, those who memorize and understand the rules of the Imam of the mazhab of thought, are able to master the obvious or difficult problems, he is still weak in setting a decision based on the proposition and weak in determining the qiyas. According to Imam Nawawi, "This level in his fatwa is very dependent on the fatwas that have been compiled by the Imam of the mazhab as well as various branches in the mazhab."[13]

G. The door of ijtihad is closed?

Until now there are differences of opinion whether the door of ijtihad still remains open or has been closed. The group of scholars who see ijtihad as a source of law believes that the door to ijtihad remains open. Whereas groups who view ijtihad as an activity (work) of the Mujtahid are of the opinion that the doors of ijtihad have been closed, ie since the death of famous mujtahids. The argument of the group that considers the door to ijtihad still open is as follows :

1.    Closing the door of ijtihad means making dynamic Islamic Law rigid and frozen, so that Islam will be out of date. Because, many new cases whose laws have not been explained by the Quran, Sunnah, and have not been discussed by previous scholars.

2.    Closing the door of ijtihad means closing the opportunity for Islamic scholars to create good ideas in utilizing and exploring the sources (proposition) of Islamic law.

3.    Opening the door of ijtihad means making every new problem faced by the people known by its law, so that Islamic law will always develop and be able to answer the challenges of the times.

The arguments which state that the door to ijtihad has been closed include:

1.    Islamic law in the field of worship, muamalah, munakahad, jinayat, and so on, is complete and recorded in detail and neat. Therefore ijtihad in these matters is no longer needed.

2.    Opening the door of ijtihad, apart from that it is useless and a waste of time, the results will revolve around a law consisting of a collection of opinions of two or more schools, this kind of thing is known as talfiq. Laws that are incompatible with one of the schools outside the four schools are not considered valid by the majority of Ahl al-Sunnah scholars; a law that no cleric justifies, this kind of thing is essentially the same as opposing ijma '.

3.    The fact of history shows that since the beginning of the fourth century Hijri until now no one has dared to show himself or be highlighted by his followers as a mujtahid muthlaq mustaqil. Because basically the conditions for jihad are very difficult so it is no longer possible for now.[14]

From the differences of the two opinions above, according to the al-Azhar Islamic Research Institute, it can be concluded that the meaning of the door to ijtihad has been closed is ijtihad muthlaq mustaqil individually or collectively and ijtihad muthlaq muntasib individual. And what is meant by the door of ijtihad still open is ijtihad mutlaq muntashib collectively and ijtihad in the field of tarjih for those who fulfill the requirements. This is in accordance with the words of the Prophet: "Verily, Allah SWT will raise up for this people (Muslims) in every century a mujtahid who renews religious laws (fiqh) for the people" (Reported by Abu Dawud al-Hakim, and al- Baihaqi)

Thus it is not appropriate if the door of ijtihad is said to remain fully open without any limitations because this is unrealistic, it will also open up opportunities for people who are not responsible to confuse Islam on the pretext of ijtihad. This is very dangerous. Likewise, it is not appropriate if the door of ijtihad is said to be fully closed without any restrictions. Because at this time many new problems arise that have no law in the Quran and the Sunnah and had never before been mentioned by the previous mujtahid imams. If the door to ijtihad is closed then we will not know the law of the new problems that exist. Thus Islamic law becomes frozen, rigid, and static so that Islam will be obsolete.

H. Closing

After a long description of the article above, it can be concluded that ijtihad is very important for the life of humanity which increasingly has increasingly complex problems. Ijtihad conducted by a mujtahid is an effort to mobilize the power of reasoning to the maximum that the result is a strong allegation about sharia law 'which is amaliyah. The distribution of ijtihad in terms of methodology, as formulated by ad-Duwailibi, can be divided into three types, namely Al-Ijtihad al-bayani, Al-Ijtihad al-qiyasi and Al-Ijtihad al-istishlahi. While ijtihad is viewed in terms of the number of people who commit ijtihad (mujtahid), ijtihad can be divided into two, namely Ijtihad Fardi and Ijtihad Jama'i. In conducting ijtihad, mujtahids have strict requirements that must be possessed and also have various levels. In its development, the majority of Muslims stated that the door to ijtihad had been closed. But basically until now the door of ijtihad remains open to determine problems that are not in the Quran and the Sunnah as well as problems that have never been touched by the ulama' before. So that Islamic law will always develop along with the times for the benefit of the people.

SOURCES

Al Quran

Syafi’i Rachmat.1999. Ilmu Ushul Fiqh. Bandung: CV Pustaka Setia.

Suyatno. 2011. Dasar-dasar ilmu fiqih & Ushul Fiqih. Jogjakarta: AR-RUZZ MEDIA

Amidi-Al. 1984. al-Ihkam fi al-Ushul al-Ahkam juz III. Beirut: Dar al-Fikr

Yahya Muchtar dan Fatchurrahman. 1993. Dasar-Dasar Pembinaan Hukum Islam. Bandung: PT. Al-Ma’arif

Iman Fauzul. Ijtihad dan Mujtahid. Vol 21, No. 100 Januari -April 2004

Basyir Ahmad Azhar. 1992. Ijtihad dalam Sorotan. Bandung: Penerbit Mizan

Hayatudin Amrullah. Ushul Fiqih Jalan Tengah Memahami Hukum Islam. Jakarta: AMZAH

Yusuf Nasruddin. 2012. Pengantar Ilmu Ushul Fiqih. Malang: Universitas Negeri Malang

Murtadha Muthahhari & M. Baqir Ash-Shadr. 1993. Pengantar Ushul Fiqih & Ushul Fiqih Perbandingan (terj: A Short History of ‘Ilmul Ushul). (Jakarta: Pustaka Hidayah)

Syarifuddin Amir. 1999. Ushul Fiqh Jilid 2. Jakarta: Logos

Catatan:

1.      Dalam tulisan ilmiah, pencantuman gelar (Prof., Dr., dll) harus dihilangkan

2.      Bahasa Inggris dari halaman adalah page

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[1]  Dr. KH. Ahmad Mukri Aji, MA. Rasionalitas Ijtihad Ibn Rusyd. (Bogor: Pustaka Pena Ilahi. 2010) hlm.21

[2]  Muhammad Abu Zahrah. Ushul al-fiqh. (Qahirah: Dar al-Fikr al-Arabi. 1958) hlm 357

[3]  Al-Amidi. al-Ihkam fi al-Ushul al-Ahkam (Beirut: Dar al-Fikr. 1984) juz III hlm. 204

[4]  Amir Syarifuddin. Ushul Fiqh Jilid 2. (Jakarta: Logos. 1999) hlm 223-226

[5]  Murtadha Muthahhari & M. Baqir Ash-Shadr. Pengantar Ushul Fiqih & Ushul Fiqih Perbandingan (terj: A Short History of ‘Ilmul Ushul). (Jakarta: Pustaka Hidayah.1993) hlm.45

[6]  Suyatno. Dasar-dasar ilmu fiqih & Ushul Fiqih. (Jogjakarta:AR-RUZZ MEDIA. 2011) hlm. 175

[7] Muchtar Yahya dan Fatchurrahman. Dasar-Dasar Pembinaan Hukum Islam  (Bandung: PT. Al-Ma’arif, 1993) hlm 376

[8]  Nasruddin Yusuf. Pengantar Ilmu Ushul Fiqih. (Malang: Universitas Negeri Malang. 2012) hlm 156-158

[9]  Suyatno. Dasar-dasar ilmu fiqih & Ushul Fiqih. (Jogjakarta: AR-RUZZ MEDIA. 2011) hlm. 178

[10]  Amrullah Hayatudin. Ushul Fiqih Jalan Tengah Memahami Hukum Islam. (Jakarta: AMZAH. 2019. hlm 254-255

[11]  Fauzul Iman. Ijtihad dan Mujtahid. Vol 21, No. 100 (Januari -April 2004) hlm.03

[12]  Suyatno. Dasar-dasar ilmu fiqih & Ushul Fiqih. (Jogjakarta: AR-RUZZ MEDIA. 2011) hlm. 184

[13]  Rachmat Syafi’i. Ilmu Ushul Fiqh. (Bandung: CV Pustaka Setia. 1999). hlm 106-107

[14] Ahmad Azhar Basyir.  Ijtihad dalam Sorotan. (Bandung: Penerbit Mizan. 1992) hlm 40-41