ISLAMIC LAW

1. ISLAMIC LAW IJTIHAD By: Dr. Gemala Dewi, SH., LL.M INTERNATIONAL CLASS-FHUI

2. MIND / IJTIHAD / AL-RA’YU • The third source of Islamic law is the mind from the people who are qualified to make some efforts with all knowledge that they have to understand the basic law of The Qur’an and The Prophet’s Sunnah and make it into a common law that can be used in a certain case. INTERNATIONAL CLASS-FHUI

3. ACCORDING TO THE NUMBER OF SUBJETS • Individual Ijtihad (Ijtihad Fardi) : ijtihad by only one person or mujtahid. • Collective Ijtidah (Ijtihad Jama’i) : ijtihad by many experts of sunnah about a certain law problem. INTERNATIONAL CLASS-FHUI

4. ACCORDING TO THE OBJECTS OR FIELDS • Zhanni’s Law Matters • The Matter that does not mentioned on The Qur’an and The Sunnah • About new cases that come from the society. INTERNATIONAL CLASS-FHUI

5. THE CONDITIONS TO BE A MUJTAHID (IN THE PAST) : • Mastering to Arabic Language • Have knowledge about the content and the system of Quranic Law • Have knowledge on Hadist law and science of Hadits that perform law • Mastering the sources of Islamic law and how to make a law decision • Have knowledge of Fiqh • Have knowledge on the philosophy and the purposes of Islamic law • Honest and Sincere INTERNATIONAL CLASS-FHUI

6. THE CONDITIONS TO BE A MUJTAHID (AT PRESENT) : • The conditions above can be lighten or easier • Mastering in social science and other relevant sciences to the subject matter • The experts on another scientific disciplines & work together collectively INTERNATIONAL CLASS-FHUI

7. IBNUL QAYYIM AL-JAUZIYAH DEVIDES THE MUJTAHIDSINTO FOUR GROUPS : • Mujtahid Mutlak : the ulamas who made an effort to build Islamic Fiqh Law at the first time, for example : Abu Hanifah, Malik Bin Annas, Asy-Syafi’i, Ahmad Bin Hambal. • Mujtahid Mazhab : a person who continues the basic techings that have been given by the mujtahid mutlak, so that the law become more clearly although still it cannot solve all problems yet. For example Al Gazali in Kitab Basith. INTERNATIONAL CLASS-FHUI

8. IBNUL QAYYIM AL-JAUZIYAH DEVIDES THE MUJTAHIDSINTO FOUR GROUPS : • Mujtahid Fatwa : a person who continues the mujtahid mazhab’s work to decided the law of a problem with his fatwa by comparing the opinions from the mujtahid mazhabs and to affirm one of the opinions. For example : An-Nawawi in Minhaj At-Talibin • Tarjih Expert : the persons – with their knowledge - who can give some explanations about different opinion from the mujtahids. They also called “Muqallid” if they just follow the mujtahid opinion with taqlid. INTERNATIONAL CLASS-FHUI

9. METHODS OF IJTIHAD • Ijma : consensus or uniformity of the opinions from the expert about a problem at one place and one condition. For example : Polygami in marriage law. • Qiyas : is to generalize the law of a matter –that there is no rules on it in The Qur’an and The Sunnah - with other problem that the rule of law was mentioned in The Qur’an and The-Sunnah because they have the similar illat (the cause). For example : khamar = every drink that makes us drunk. INTERNATIONAL CLASS-FHUI

10. METHODS OF IJTIHAD • Istidlal : is to make conclusion between two different matters. For example : the wealth between a husband and wife according to Islamic law and customary law. • Mashalih Al Mursalah : the way to find the law of a problem that cannot be found in The Qur’an and The Sunnah in order to make benefit to the society. For example : income tax INTERNATIONAL CLASS-FHUI

11. METHODS OF IJTIHAD • Istihsan : the way to find the law of a problem by make a deviated law for justice and social interest. For example : revocation of title to someone’s land in order to broaden a road. • Istishab : is to decide the law of a problem according to the previous possition until there is an argumentation to change it. For example : debt agreement is considered to be paid if it is proved or if there is a witness. • Customs and Traditions (‘Urf) that is not against the Islamic law. INTERNATIONAL CLASS-FHUI

12. THANK YOU! INTERNATIONAL CLASS-FHUI