TAQLID, TALFIQ, ITTIBA’, AND IJTIHAD IN USHUL FIQH
Moch. Zainul Abidin (13110192), Siti Intan Chusnul K (16110177)
Mahasiswa PAI UIN Maulana Malik Ibrahim Malang
PAI I 2019
Abstrak
Dalam beragama sudah selayaknya kita memahami ajaran agama yang kita anut dengan penuh keyakinan dan tidak karena ikut-ikutan. Dalam ushul fiqih pun terdapat berbagai permasalahan yang dilandaskan dari berbagai dalil. Oleh sebab itu kita harus memahami beberapa istilah berikut, ijtihad, ittiba’, taqlid, dan talfiq. Keempat hal tersebut memiliki makna yang berbeda namun memiliki keterkaitan satu sama lain. Ijtihad merupakan upaya seseorang ahli fikih (al-faqih) untuk mengerahkan kemampuannya secara optimal dalam mendapatkan hukum syara’ dengan jalan istinbath (menetapkan hukum berdasarkan dalil). Ittiba’ yakni mengikuti pendapat orang lain dengan mengetahui argumentasi pendapat yang diikuti. Sedangkan, taqlid yakni mengikuti pendapat seseorang mujtahid atau ulama tanpa mengetahui kebenarannya. Talfiq adalah melaksanakan suatu hukum berdasarkan pendapat dari berbagai madzhab.
Abstract
In religion, it is proper for us to understand the teachings of the religion that we profess with faith and not because of following along with others. In the ushul fiqh there are various problems based on various propositions. Therefore we must understand the following terms, ijtihad, ittiba ', taqlid, and talfiq. The four things have different meanings but are related to each other. Ijtihad is an attempt by a person of jurisprudence (al-faqih) to mobilize his abilities optimally in obtaining the law of shara' with the istinbath path (establishing a law based on the argument). Ittiba' is to follow the opinions of others by knowing the arguments that are followed. Whereas, taqlid is following the idea of someone mujtahid or ulama without knowing the truth. Talfiq is implementing a law based on opinions from various schools of thought.
Keywords: Taqlid, Talfiq, Ittiba’, Ijtihad
A. Introduction
Fiqh is a form of the process of human ijtihad in understanding religious messages. Fiqh is synergized with knowledge. Religion wants religious people to bring knowledge, not to follow along, and not to be haphazard and also full of caution. Religion wants humans to practice religion with confidence. Beliefs obtained through knowledge. That is the essence of the purpose of fiqh.
In discussing the issue of ijtihad in fiqh discourse, it usually always goes hand in hand with discourse about taqlid. Ijtihad and taqlid are like two opposite currencies. If it is capable, then the side of ijtihad that emerges, but if it is not able, then the taqlid side will emerge. Taqlid itself is to follow the opinions of others without knowing their arguments. The opposite of taqlid is ittiba ', which is interpreted to follow the opinions of others by knowing the arguments of the opinions followed.
Fiqh as a group of Islamic law remains the result of the ijtihad of mujtahid priests. Certainly, there are differences in the process nor the result of the formulation. The difference starts with differences in understanding the argument. According to the majority group (ahlussunnah), for anyone who is unable to carry out jihad or lay, he must follow one of the four schools of thought. The freedom to choose madzhab has the consequence of freedom to choose a lighter opinion or tatabu’u rukhash (following the passions). This is still a difference among scholars. Some say it is haram, and some allow it. Choosing madzhab with such a model will have consequences on talfiq. So, that is charity in religious affairs by referring to the instructions of several schools of thought.
B. Taqlid
1. Definition of Taqlid
The word taqlid (تقليد) comes from fi'il madhi (basic words) تقلد and قلد which in lughawi means "draping" or "making a necklace". If it says: قلد عامة مصر الشافعى, it means that the Egyptian lay community follows the opinion of Imam al-Shafi'i. This implies making Imam al-Shafi'i's opinions a necklace.
The word taqlid has a close relationship with the word qaladah (قلادة), while the qaladah itself means a necklace. According to the origin, the قلادة (necklace) is used for something placed around the neck of an animal; and the animal that was shaded followed fully wherever the necklace was pulled. If the "necklace" is someone's "opinion" or "word", then the person being visited will follow the "opinion" of that person without questioning why that person's opinion is.
From the description above, it is clear that in a sense if it is said "the A is devoted to the B", it means that A follows the B's opinion obediently without feeling the need to know why B's opinion is so.
According to the usul fiqih scholars, taqlid means "repeating, imitating, and following". The scholars of ushul provide a definition of taqlid by "following the opinion of someone mujtahid or certain scholars without knowing the source and method of taking that opinion." Whereas the person who does taqlid is called mukallid.
Also, in terms of, many scholars who provide taqlid definitions of taqlid, include:
a) Al-Ghazali provides a definition:
قبول قول بلا حجة
"Accept speech without proof."
b) Ibn Subki in the book Jam'ul Jawami 'formulates the definition:
التقليد هو اخذ القول من غير معرفة دليل
"Taqlid is taking a word without knowing the argument."
c) Al-Asnawi in the Nihayat al-Ushul book suggests the definition:
التقليد هو الاخذ بقول غيره من غير دليل
"Taking other people's words without arguments."
From the explanation of the definitions above, the nature of taqlid can be formulated, namely:
a) Taqlid is a charity by following the words or opinions of others.
b) Opinions or sayings of others that are followed are not worthy of proof.
c) People who follow the opinions of others do not know the causes or the arguments and arguments of the opinions they follow.
In Islam, taqlid is divided into two: first, taqlid in the matter of theology (ushuluddin / principal beliefs), such as believing (faith) the existence of God and that the universe is something created. This kind of belief, should not just follow along, without knowing the basis and theorems (the Qur'an and Hadith), or without any attempt to think (nazhar) which can deliver to the truth.
So, taqlid in aqidah issue is not justified. In the opinion of the elected (al-qawl al-mukhtar), a faith which is only based on taklid is considered invalid. However, there is another opinion (qil) which states if it is allowed.
Second, taqlid in matters of worship, such as following one of the opinions of scholars (mujtahid) whose opinions have been recorded (mudawwan) without knowing their arguments, both those of the Qur'an and hadith. This kind of taqlid. As agreed upon by the scholars of the four schools of thought, it is a must for anyone who does not have the ability to explore fiqh law from the text of the Qur'an and Hadith.
Regarding this, Allah SWT said in the letter Al-Anbiya 'verse 7:
اسْأَلُوا أَهْلَ الذِّكْرِ إِنْ كُنْتُمْ لَا تَعْلَمُونَ
Meaning: "... Then ask your people about knowledge, if you do not know."
2. The Law of Doing Taqlid
People who still have not reached the position of mujtahid must follow one of the scholars who has been included in the category of mujtahid muthlaq, such as Imam Abu Hanifa, Imam Malik bin Anas, Imam Shafi'i and Imam Ahmad bin Hanbal.
Some ushul fiqh scholars has stated that the majority of ulama agree if at present no one has reached the position of mujtahid muthlaq. Ibn Hajar even emphasized that after the period of Imam Ash-Shafi'i he had never been found attacking the Mujtahid Mutlaq or Mujaahil Mustaqil while people who can set conclusions (istinbath) are only people who have jihadist skills.
The scholars of the ushul fiqih agreed to ban taqlid in the following three forms:
a) Solely following the traditions of the ancestors in opposition to the Qur'an and Hadith.
b) Following people or something unknown to their abilities and expertise and love the area beyond their love for themselves.
c) Following someone's opinion, even though it is known that the opinion is wrong. The verse above reminds us that we do not follow something that is wrong, but because we want to respect someone or fanatic about a group or also because of a model, then followed too. This is highly criticized by Allah.
It would be different from ordinary people who did not have the ability to carry out jihad at all, so jumhur ushuliyyin argued that it was obligatory for every lay person to ask the mujtahid. This is based on the word of God in the letter an-Nahl verse 43: فَسْـَٔلُوٓا۟ أَهْلَ ٱلذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ "Then ask those who have knowledge if you do not know."
The proposal which shows that the layman must devote to a mujtahid is the word of Allah SWT in the Qur'an the An-Nisa 'verse 83:
وَلَوْ رَدُّوهُ إِلَى الرَّسُولِ وَإِلَىٰ أُولِي الْأَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِينَ يَسْتَنْبِطُونَهُ مِنْهُمْ
"And if they surrender it to the Apostle and Amil Ulil among them, surely those who want to know the truth (will be able to know) from them (Apostles and Ulil Amri)"
According to the correct opinion (qawl al-ashab), a person who has participated in a certain school is required to believe in the superiority of the school that he follows compared to other schools, or at least he believes that the schools he follows are no less superior than other schools. But even so, someone who has participated in a certain school is allowed to move from the original school to other schools, provided he follows the procedures and rules for the transfer of the school.
However, al-Dahlawy, taqlid which is permissible is taqlid in the sense of following the opinion of the pious person, because Allah's law and the Apostles have not been found about an act. However, a person who is devoted to this must continue to study deep knowledge of Islamic law. If at one time the person concerned found the argument that what he had been up to now was contrary to the Shari'a of Allah, he had to abandon the opinion that he had said before.
3. Taqlid Requirements
a) Must know in full the various provisions (techniques) of the priest in the problem followed, such as the terms and obligations.
b) Taqlid is not carried out after implementation.
c) Do not take opinions lightly from various schools of thought.
d) The Imam who was followed must be a mujtahid, both mujtahid muthlaq, such as Imam Hanafi, Maliki, Syafi'i and Hanbali, or, mujtahid muntasib (mujtahid who are still affiliated with certain schools of thought), such as Imam Rafi'i. Nawawi, Ramli and Ibn Hajar, unless their opinions are very weak (dho'if) once.
e) It is not permissible, which is to mix the two opinions of the imam on one legal issue (qadhiyah), which in the end, what is done equally is not recognized by each Imam.
f) The law followed is not in the form of opinions that may not be made legal decisions by qadhi. That is, if qadhi decides on a problem with the law, then the decision must be cancelled, because it violates nash, ijma ', and qiyas jaliy.
C. Talfiq
1. Definition of Talfiq
Talfiq (تلفيق) comes from the word (لفق) lafaqa which means to bring together into one. Another definition, talfiq means equating or tightening two different edges.
The definition often mentioned from Talfiq is the conversion of people who ask for fatwas to other mujtahid priests in other matters. Or another term, it is interpreted as a charity in religious affairs by referring to the instructions of several schools of thought.
According to the ushul fiqh scholars, talfiq is intended as the name of one of the religious attitudes which take or follows the law of an event based on the opinions of various schools of thought. For example, a person is ablution using water musta'mal and then praying by not reading the basmalah in Al-Fatihah. Because the first follows the opinion of Imam Malik, who allows to use musta'mal water and secondly follows the opinion of Imam Abu Hanifah who says that basmalah is not part of Al-Fatihah.
Talfiq is permissible in Islam, as long as the purpose of carrying out is merely to follow a stronger argument, that is, after examining the arguments and analysis of each of these opinions.
Ibn Subki quoted Abu Ishaq al-Marwazi's opinion that was different from that (i.e. allowing) then straightened his understanding by al-Mahalli who declared it wicked to do it, while Ibn Abu Hurairah declared it not wicked. If we compare this opinion with al-Razi's view in al-Mahshul and the syarah which cites the requirements stated by al-Royani and Ibn ad Abad al-Salam's comments, it can be concluded that whether or not talfiq may depend on the motivation in doing the talfiq. This motivation is measured by general benefits. If the motivation is negative, with the meaning of playing with religion or facilitating religion, then the law should not. For example, a man marries a woman without a guardian, without a witness and without mentioning the dowry, even though to fulfil the three conditions is not difficult. So it is clear that the person underestimates religious teachings and plays with Shara’ law.
If talfiq is done with maslahat motivation, that is to avoid difficulties in religious talfiq can be done. This is what is meant by al-Razi by saying, "open his heart when following the other schools of thought" in understanding the meaning of the تتبع الرخص which must be avoided in prayer.
If the talfiq is carried out by a country in the formation of a regulation that will be carried out by Muslims, then there is no reason to reject it, because a country in acting for its people is based on general benefit. To be careful in performing Talfiq is to try to follow the requirements stated by al-Alai followed by al-Tahrir as follows:
a) The opinion expressed by other schools of thought is considered to be more careful in carrying out the religion.
b) The arguments put forward by the schools of thought were considered strong and rojih.
However, if the Talfiq is intended to seek relief and collect it in a particular act, it is not justified in the view of the religious scholars. And keep in mind the talfiq in the matter of worship should be limited in such a way that it does not give rise to the attitude of conflict that is fulfilled to seek the pleasure of Allah.
2. Types of Talfiq
a) Talfiq li tatabu'i al-rukhash
This Talfiq is talfiq in the form of someone taking and practising the law from the easiest and lightest of various schools of thought. According to Imam al-Ghazali and also saheeh from Malikiyah and Hanabilah that this Talfiq is forbidden, because it only follows mere lust. They put forward the word of Allah SWT Surat an-Nisa 'verse 59:
فَإِن تَنَٰزَعْتُمْ فِى شَىْءٍ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ
"Then if you have different opinions about something, then return it to Allah (the Quran) and the Messenger (the Sunnah)"
But according to some Malikiyah scholars such as Imam al-Qarafi and most Syafi'iyah scholars, as well as the rajih from Hanafiyah, they allow this scholarship, the reason being that there are no provisions prohibiting it in Shari'ah. Humans should have taken and carried out various provisions and ways of religion that were lighter and easier. That thought is in line with the hadith of the Prophet SAW, namely:
Word of the Prophet SAW,
ما خيربين شيءين الا اختار ايسرهما
"What was stated between the two choices, he should choose the easier of the two." (Narrated by Bukhari)
بعثت بالحيفية والسمحة
"I was sent (brought) a straight religion again easy" (Narrated by Ahmad)
Wahbah Zuhaili put forward a comment from al-Qarafi, that the law of Talfiq may with no consecutive conditions in charity which include cancelling.
b) Talfiq which requires (obliges) the cancellation of judges' decisions and decrees. Like all bertaklid in the Sunni school of thought that argued that the thalak was legally passed without witnesses, then taking the opinion of syi'ah thalak was legal if it was brought before witnesses.
c) Talfiq which requires that the ruju 'from charity be done taqlid. Like someone bertaqlid to Imam Abu Hanifah, namely marriage without a guardian, then bertaqlid to Imam Shafi'i that the result of the marriage could not fall thalak because the marriage was not with the guardian.
D. Ittiba’
Ittiba 'in terms of language means "obeying" or "following", while the person followed is called muttabi. Ittiba's term is to follow the opinions of others by expressing arguments from the opinions of people who are followed.
Usuliyyin argues that ittiba 'is to follow or accept all that is ordered or prohibited or justified by the Prophet. In other versions, ittiba 'is interpreted to follow the opinions of others by knowing the arguments that are followed.
Ittiba 'is divided into two parts, namely:
a) Ittiba’ to Allah and His Messenger, and
b) Ittiba’ to other than Allah and His Messenger.
Ittiba 'to the Apostle he meant to follow the religious Shari'a and his Sunnah (ittiba' al-syar 'al-Muhammad wa al-din al-nabawi) in every word and deed of his deeds, as well as in various circumstances he experienced. Ittiba's obligation to the Prophet Muhammad was ordered as in the letter Ali ‘Imron verse 31.
Ittiba 'to Allah and His Messenger must be according to the word of Allah in Surah Al-A'raf (7): 3:
اتَّبِعُوا مَا أُنْزِلَ إِلَيْكُمْ مِنْ رَبِّكُمْ وَلَا تَتَّبِعُوا مِنْ دُونِهِ أَوْلِيَاءَ ۗ قَلِيلًا مَا تَذَكَّرُونَ
Meaning: "Follow what is revealed to you from your Lord and do not follow leaders other than Him. Very little do you take lessons (from it). "
Regarding ittiba 'to the ulema and mujtahid (other than Allah and His Messenger) there are differences. Imam Ahmad bin Hanbal only allowed it to go to the Apostle. Whereas the other opinions said that it might be said 'to the scholars who are categorized as waratsatul anbiya', on the grounds of the word of Allah in the letter of Nahl verse 43:
وَمَآ أَرْسَلْنَا مِن قَبْلِكَإِلَّا رِجَالًا نُّوحِىٓ إِلَيْهِمْ ۚ فَسْـَٔلُوٓا۟ أَهْلَ ٱلذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ
It means "then ask those who have knowledge if you do not know."
What is meant by "people who have knowledge" (ahl al-Dzikri) in that verse are people who are experts in the knowledge of the Qur'an and hadith and not knowledge based on mere experience.
Unlike a mujtahid, a muttabi 'does not fulfil certain conditions for doing ittiba'. If a person is unable to solve a religious problem by itself, he must ask the mujtahid or those who really know Islam. Thus, it is expected that every Muslim you even though they are lay can practice the teachings of Islam with full confidence because of understanding. Because worship that is carried out with full understanding and conviction will cause solemnity and sincerity.
Then, if the answer received from someone mujtahid or ulama is doubtful, then the muttabi 'concerned may ask the mujtahid or other scholars to get an answer that raises his belief in charity. In other words, ittiba 'must not be done to some mujtahid or ulama. Maybe in one problem following scholar A and other problems following scholar B.
E. Ijtihad
1. Definition of Ijtihad
The word ijtihad is rooted in the word al-juhd, which means al-thaqah (power, ability, strength) or from the word al-jahd which means al-masyaqqah (difficulty, difficulty). From that, ijtihad according to the understanding of language bermanka "badzl al-wus' wa al-mujahid" means the mobilization of power and ability or the deployment of all the power and ability in an activity from heavy and difficult activities.
In this case, al-Syaukani provides the definition of ijtihad with the formula: "mobilizing all abilities in obtaining practical 'shara' law with the istinbath method". Or with a narrower formula: "the efforts of a fiqh expert (al-faqih) exert their abilities optimally in obtaining a dzhanniy shari'a law".
According to as-Sa'd at-Taftazani, as quoted by Syari'ah al-‘Umari Nadiyah, that etymologically the word ijtihad is used to refer to heavy and difficult work, not to light and easy work.
So that this term is used for the designation of the activity of extracting Islamic law from its sources, because this activity indeed requires a seriousness, both theoretically and practically.
As for terminologically, the scholars of Usul have provided different definitions. But according to al-'Umari, the general dream of the definitions can be classified into four definitions according to their respective characteristics.
a) According to al-Qadi al-Baidawi, as quoted by al'Umri, that ijtihad is:
استفراغ الجهد في درك الاحكام الشرعية
"Devoting seriousness to obtain Shara laws."
b) Definition of al-Ghazali, ijtihad is:
بذل المجتهد وسعه في طلبه العلم باحكام الشرعية
"Devoting sincerity to obtain Syara laws."
c) Definitions according to Ibn al-Hajib, as quoted by al-'Umari;
استفراغ الفقيه الوسع لتحصيل ظن بحكم شرعي
"The outpouring of all the capabilities of fiqh experts to gain prejudice in the laws of the Syar'i"
d) Definition of al-Kamal Ibn al-Humam, as quoted by al-ariMari:
بذل الطاقة من الفقية في تحصيل حكم شرعي عقليا كان اونقليا قطعيا كان اوظنيا
"Deployment of capabilities to obtain sharia law both aqli and naqli or qath'i or dzanny."
From the four definitions above, it can be analyzed as follows:
a) All definitions use the word istifrag or bazl, which means the same, namely, pouring out or exerting. Then the word at-taqah or al-wus'u or juhd also has the same meaning, namely ability, ability or sincerity.
b) Different ijtihad actors used do not mention clearly or are still general. Al-Ghazali mentions al-mujtahid, and Ibn al-Hajib and al-Kamal call it al-faqih. According to as-Sa'd at-Taftazani, as quoted by al-mUmari, that someone is called al-faqih if he has done ijtihad. While the definition of ijtihad is still relative, both done by someone who has done ijtihad or not. Also, al-faqih is also often used for people who only study the books of fiqh materially. While ijtihad activities are formal-methodological activities. On the other hand, al-Ghazali used the term al-mujtahid. This seems to indicate that ijtihad can only be done by people who have fulfilled the conditions of ijtihad. Therefore, according to al-mUmari, the most inclusive definition is the definition of al-Baidawi which does not mention the word al-mujtahid or al-faqih.
c) According to al-Ghazali that the purpose of ijtihad is al-‘ilm or definite knowledge, while Ibn al-Hajib mentions zann (prejudice), al-Kamal mentions both naqli and aqli, or qath'i and dzhanny. Whereas al-Baidawi did not limit the two terms. This is by the purpose of the definition of terminology ijtihad which is essentially to obtain knowledge about the laws of Shara', both qath'i and dzhanny.
2. The Law of Doing Ijtihad
In general, the law of berijtihad is mandatory for people who already have the ability to carry out jihad, because the command of Allah which is called the law of Allah is limited in number and no longer new with the death of the Prophet carrying the law of God, while the problems of life that require law to develop extensively. This requires ijtihad. Therefore the law of ijtihad is obligatory. There are two mandatory arguments for ijtihad:
a) In Surat an-Nisa 'verse 59:
فَإِن تَنَٰزَعْتُمْ فِى شَىْءٍ فَرُدُّوهُ إِلَى ٱللَّهِ وَٱلرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا
"Then if you have different opinions about something, then return it to Allah (the Quran) and the Messenger (sunnah), if you truly believe in Allah and the day after. That is more important (for you) and better the result. "
b) In Surat al-Hasyr verse 2:
فَٱعْتَبِرُوا۟ يَٰٓأُو۟لِى ٱلْأَبْصَٰرِ
"Then take (the incident) to be a lesson, O people who have insight."
In his position as a faqih whose opinion is followed and practised by others, then the law of ijtihad for the mujtahid depends on the particular situation.
If a faqih is asked about the law of an applicable case and he is the only mujtahid who is capable of carrying out ijtihad in that environment, he is worried that if not berijtihad at that time it will result in the law escaping, then the law of berijtihad for him is obligatory.
If a mujtahid is asked about the law of a case while the mujtahid at that time and in that environment there are several people, then the law of ijtihad for him is obligatory khifayah.
If the situation that was asked to the mujtahid was something that had not happened practically, the ummah asked to face something that would happen, the law of ijtihad for him was sunnah meaning that he was innocent if he did not do ijtihad.
Ijtihad is unlawful if the incident in question is determined by a clear and definite argument, but the questioner wants to find a way out of the law. Or those who were questioned were not a mujtahid, but he did ijtihad without knowledge at all, then ijtihad, in this case, was haraam. In the case of an event that has no law or already exists, but based on an argument that is not legally strong, it is subject to change.
3. Classification and Types of Ijtihad
The ushul scholars divides ijtihad by looking at it differently in terms of the following details:
a) Istibati ijtihad, yati ijtihad whose business is to issue a law from its argument by using a method that has been determined by itself.
b) Ijtihad tathbiqi, ijtihad, whose efforts are to explore and establish laws by applying methods that have been established by priests and previous generations.
In terms of the application of methods that had been pioneered by previous scholars, ijtihad was divided into:
a) Takhrij al-manath, ijtihad, whose efforts are to determine the law of an event by connecting it to a law that was previously established by the mujtahid.
b) Ijtihad tarjih, ijtihad, which attempts to establish the law by comparing the opinions of some of the previous scholars and choosing the strongest among them.
In terms of the work done by the mujtahid by relating it to the arguments used, ijtihad is divided into:
a) Ijtihad bayani, namely ijtihad, whose efforts are to explain the law contained in a text, because the text has not clearly explained the law. For example, ijtihad which stipulates the prohibition of adultery, because there are prohibitions and threats against the perpetrators in the Qur'an.
b) Ijtihad qiyasi, ijtihad, which attempts to establish law by connecting it to the existing texts of the texts. For example, it is forbidden to drink alcohol by connecting it to the haram of khamar.
c) Ijtahiad istishlahi, namely ijtihad, whose efforts are to explore the law of the soul of nash because there is no answer found in the text, either in a manner or as a sign, such as determining the law of allowing cataract surgery to cure the eye.
In terms of whether or not it is valid all the time, ijtihad is divided:
a) Ijtihad which cannot be stopped all the time, ijtihad, whose efforts are to explain the law contained in the text called تحقيق المناط
b) Ijtihad which might stop its activities due to the absence of mujtahid who might do it. This ijtihad applies to istinbati ijtihad or takhrij al-manath.
In terms of the previous or no results of ijtihad, it is divided into:
a) Ijtihad intiqa'iy, namely ijtihad whose efforts are to concoct the law from the results of pre-existing ijtihad by comparing it and choosing which is the best and most appropriate to be applied in its time.
b) Ijtihad Insya'i namely ijtihad whose efforts are to find a new law because there is no previous result of ijtihad by using one of the methods mentioned earlier.
In terms of the perpetrators of ijtihad, ijtihad is divided into:
a) Personal ijtihad, ijtihad which is carried out in certain individuals independently.
b) Collective Ijtihad, ijtihad which is carried out jointly by people who have different expertise in a forum.
In terms of the scope of ijtihad carried out, ijtihad is divided:
a) Overall Ijtihad, ijtihad which covers all parts of fiqh.
b) Partial Ijtihad, ijtihad in certain parts of fiqh.
In terms of the way of work used by the mujtahid according to what was stated by al-Mawardi, divided into:
a) ماكان الاجتهاد مستخرجا من معى النص That is ijtihad whose work is to issue the law from the meaning of the nash, such as removing illat riba in the Qur'an,
b) ماكان الاجتهاد مستخرجا من شبه النص Namely ijtihad whose work is to issue a law from the similarity of the nash. For example, to determine the status of a servant, whether it is equated with humans in terms of having legal responsibility or with animals in terms of being traded.
c) ماكان الاجتهاد مستخرجا من عموم النص That is ijtihad, whose work is to issue a law from the public statement, such as setting a person who has the right to forgive a husband who divorces his wife before being interfered with by half of the dowry obligation.
d) ماكان الاجتهاد مستخرجا من اجماع النص That is ijtihad, whose work is to issue a law from a collection of texts, such as the level of mut'ah paid by the husband who divorced his wife before being interfered and has not yet determined the dowry
e) ماكان الاجتهاد مستخرجا من احوال النصIe ijtihad, whose work is to issue laws from the conditions contained in the text, such as setting and at tamamu pilgrimage,
f) ماكان الاجتهاد مستخرجا من دلاءل النص That is ijtihad, whose work is to issue laws from the instructions contained in the text, such as determining the size of the obligation that must be borne by the husband.
g) ماكان الاجتهاد مستخرجا من امارة النص Namely ijtihad whose work is to issue law from the instructions of the nash, such as setting the direction of Qibla.
h) ماكان الاجتهاد مستخرجا من غير النص Namely ijtihad whose work is to issue law, not through texts, such as establishing a law on test-tube baby.
4. Ijtihad Requirements
The terms of ijtihad are divided into two groups, namely the basic (asasiyyah) conditions and perfecting conditions (takmiliyyah).
The basic requirements are:
a) Mastering al-Kitab which includes all branches of the science of Al-Qur'an, such as the knowledge of asbabun an-nuzul, naskh wa mansukhm verses makiyyah and madaniyyah, ‘amm and khass, mutlaq and muqayyad, muhkam and mutasyabbih. Then the most important thing is to master the legal verses.
b) Mastering the Sunnah of the Prophet, including the branches of the science of hadith, namely the knowledge of the hadith and riwayah.
c) Mastering the Arabic language and all its aspects, such as the science of nahwu, shorof, the meanings of pronunciation, ma'ani, balaghah, bayan, and being able to distinguish between the meaning of zahir and khafi, the essence and kinayah (majaz), marakytarak and mutasyabih and others- other.
d) Mastering the science of ushul al-fiqh, which is mastering the general rules (kulliyyah) to master the nature of law and its arguments, the terms of the argument, aspects of the designation recite the meaning, know how to compromise (converge) or tarjih between conflicting propositions (ta'arud), knowing naskh and mansukh, legal theories, mastering the intricacies of qiyas and illat and others.
e) Knowing the places of ijma 'because ijma' is the third source of law after the Qur'an and the sunnah and the degree is the same as the mutawatir tradition, because it becomes a proof in istinbat which must be held and should not be violated.
The terms of refinement are:
a) Mastering al-bara'ah al-asliyyah, which is knowing the principle that basically everything is free from dependents unless there are already provisions of the syara law '. Al-Ghazali mentions this term with ad-dalil al-aqli. While ash-syaukani with the term istishab al-‘adam.
b) Understanding maqosid ash-shari'ah
c) Mastering general rules (kuliyah). These kuliyyah rules are fiqhiyyah rules, such as ad-darar yuzal and al-yaqin la yuzal bi asy-syakk.
d) Mastering places of difference between scholars (khilafiyyah) and being able to map them.
e) Knowing the habits that apply in the mujtahid environment.
f) Mastering the science of logic (mantiq).
g) Fair and have high moral integrity (‘fair).
h) Good image, wara 'and always maintain themselves from sinful actions, even though they are small, so that the words can be trusted by others.
i) Smart, firm, and thorough in ijtihad
j) Expect once (hirs) the help of Allah SWT and always plead with Him that all ijtihad activities are in accordance with the truth or maintained from mistakes.
k) According to many people that person can be trusted and capable of carrying out ijtihad.
l) Consequently, or his words and actions are in accordance with the results of his ijtihad.
According to Sheikh Yusuf Qardhawi, the terms of ijtihad, in brief, are as follows:
a) Mastering Arabic
b) Mastering the Kitabullah and hadith
c) Knowing the types of ijma that are believed
d) Mastering usul fiqh
e) Mastering the qiyas method
f) Understand in mengistinbath law
g) Mastering the purposes of the Shari'a and its rules which are comprehensive
h) Has the capacity to establish (law), where the capacity grows because of practising fiqh and its mastery of various khilafiyah in the jurists.
i) Recognize humans (society).
j) Fair and tsiqah.
k) Only seeking the ultimate truth, not because of fear of the ruler or other parties, but independent purely seeking the truth for the pleasure of Allah SWT.
5. Methods and Steps of Ijtihad
If a mujtahid faces an incident in a case that requires legal answers, then the ways and steps that must be faced are as follows:
First, he tried to find answers from the Qur'an from all its aspects. If he does not find the likeness, he looks for the signal. Experience it in general and in particular, in terms of morality and muqayyad, in terms of its essence and wisdom, in terms of its terms and principles. If it does not find from the express, he must look behind the express.
Secondly, if he does not find from the Qur'an, from all possibilities, he is just looking in the sunnah of the Prophet, also from his own sincerity, both directly and indirectly.
Third, if he does not find out from the Prophet's explanation in the hadith, he looks for answers from ijma 'which have been reached among the Companions of the Prophet or from individual friends or previous scholars.
Fourth, if you do not find the answer from ijma ', he uses the effort to relate it to what is in the Qur'an and the sunnah of the Prophet through the qiyas process.
Fifth, if it is not possible to relate it to what is contained in the Qur'an and the Sunnah, he tries as much as possible to dig and establish it by looking out of the Qur'an and sunnah by using other arguments which are believed to be true.
F. Conclusion
Islam comes by bringing Shari'ah easily, and as a consequence, the Ummah may do easy deeds. However, this does not mean that the Ummah may take easy actions. The principle of convenience, at the level of its application, must be based on the existence of an easy argument, ijtihad and taqlid as a choice for the people to practice the teachings of Shari'ah religion. Every congregation is obliged to always look for arguments for all the deeds it does or can be called the ittiba term. But if it is not able to do ijtihad, the Ummah may do taqlid but must be careful. Talfiq as a means for people to do shari'a which is easily basically permissible.
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Jamal Ma’mur Asmami. Fiqh Sosial Kiai Sahal Mahfudh: Antara Konsep dan Implementasi. Surabaya: Khalista. 2007.
Rahendra Maya. ““Konsep Al-Ittiba’ dalam Perspektif al-Qur’an dan Hadist”. Al-Tadabbur: Jurnal Ilmu Al-Qur’an dan Tafsir. Vol. 1, No. 01. 2014.
Nasrun Rusli. Konsep Ijtihad Al-Syaukani: Relevansinya bagi Pembaharuan Hukum Islam di Indonesia. Jakarta: Logos. 1999.
Notes:
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