METODOLOGI IJTIHAD FIKIH KONTEMPORER

Abstract

As one of the principles in the sources of Islamic jurisprudence methodology, al-islam salih li kulli zaman wa makan (Islam is relevant with every age and place) indicates that fiqh (Islamic jurisprudence) should be relevant with tempusand locus. Thus, it is expected that there will be no ineffective law in daily life of Muslim society. Based on the analysis, there are three important points as the conclusion of the paper. The first is that contemporary ijtihad methodology constructed by al-Qaradawi actually is a modified ijtihad methodology conceptualized by the previous Islamic scholars such as al-Ghazali, al-Izz, and as-Syatibi especially on the issue of maslahah and maqasid syari’ah. The second is that al-Qaradawi has not only modified terminology such as ijtihad intiqa’i/tarjihi, ijtihad insya’i/ibda’i, and taqnin al-fiqh based on ijtihad jama’i, but also conceptualized some new formulations. The third is that al-Qaradawi is categorized as the follower of a moderate school in which he could integrate between nass (revelation) and waqi’ (reality) based on maslahah and maqasid