Tasamuh: Jurnal Studi Islam Volume 13.
Nomor 2.
Oktober 2021, 189-387 ISSN 2086-6291 .
2461-0542 .
https://e-jurnal.
id/index.
php/Tasamuh Methodological And Applicative Ijtihad Yusuf Al-Qardhawi In Solving Contemporary Issues Asrizal Saiin STAIN Sultan Abdurrahman Kepulauan Riau.
Indonesia Email: asrizal@stainkepri.
Abstract: Over time, with the issue of closing the door of ijtihad, it does not become a barrier for contemporary Islamic figures to come up with new ideas as alternative solutions to problems, as well as Yusuf al-Qardhawi.
The purpose and objective of this research is to see the method and application of al-QardhawiAos ijtihad in solving contemporary issues.
This research is included in the qualitative research method.
The source of data used in this study is a secondary data source, because it will examine the literature or literature.
Processing and data analysis in this study, namely editing, classifying, verifying, analyzing, and concluding.
The results obtained in this study are that there are three kinds of methodologies and alternatives in ijtihad offered by alQardhawi, namely ijtihad IntiqaAoi .
elective ijtiha.
, ijtihad insyaAoi .
reative ijtiha.
, and integration ijtihad between IntiqaAoi and insyaAoi.
Keywords: Methodology.
Application.
Ijtihad.
Yusuf Al-Qardhawi.
Contemporary Abstrak: Seiring berjalannya waktu, dengan selalu bergulirnya isu tertutupnya pintu ijtihad, tidak menjadi penghalang bagi tokoh-tokoh Islam kontemporer untuk memunculkan pemikiran-pemikiran baru sebagai alternatif pemecahan masalah, termasuk Yusuf Al-Qardhawi.
Maksud dan tujuan penelitian ini adalah untuk mellihat metode dan aplikasi ijtihad Yusuf Al-Qardhawi dalam memecahkan isu-isu Penelitian ini termasuk ke dalam metode penelitian kualitatif.
Sumber data yang digunakan dalam penelitian ini adalah sumber data sekunder, karena akan mengkaji literatur atau kepustakaan.
Pengolahan dan analisis data dalam penelitian ini, yaitu edit, klasifikasi, verifikasi, analisis, dan konklusi.
Adapun hasil yang didapati dalam penelitian ini adalah ada tiga macam metodologi dan alternatif dalam TASAMUH.
Volume 13.
Nomor 2.
Oktober 2021 berijtihad yang ditawarkan oleh al-Qardhawi, yaitu ijtihad intiqaAoi .
jtihad selekti.
, ijtihad insyaAoi .
jtihad kreati.
, dan ijtihad integrasi antara ijtihad intiqaAoi dan insyaAoi Kata Kunci: Metodologi.
Aplikasi.
Ijtihad.
Yusuf Al-Qardhawi.
Kontemporer Introduction In the course of its history.
Islamic law has become a dynamic and creative force.
This can be seen from the message of the Messenger of Allah to his companions in dealing with the social realities of the people that occurred when the Prophet was still alive.
However, when the ummah is faced with a methodological problem, then they do not need to do ijtihad, because at that time if they find it difficult to conclude the law and take a stand, then they can simply ask the Prophet directly.
But the situation turned around when the Rasulullah died.
The companions were not only faced with new problems, but crucial especially the polemic about who should replace the Prophet to lead the ummah and other cases that have not received the legality of syara.
So the only option, which the Companions could not avoid, was to do ijtihad based on the QurAoan, hadith, and deeds related to the Rasulullah that they had witnessed.
From there, the concept of ijtihad becomes fundamental and important in the formation of sharia.
The concept of ijtihad is greatly helped when a problem occurs for which a solution has not been found from previous legal sources.
Once the shariAoah is complete as a system of legislation and the development of various Islamic principles and rules, the space for ijtihad seems to fade and disappear towards the point of extinction.
This phenomenon is known among Muslims as the closed door of ijtihad.
Josep Schatct.
Pengantar Hukum Islam (Yogyakarta: Islamika, 2.
, p.
Amir Muallim dan Yusdani.
Ijtihad dan Legislasi Muslim Kontemporer (Yogyakarta: UII Press, 2.
, p.
3Ae4.
Amir Muallim and Yusdani.
Ijtihad dan Legislasi Muslim Kontemporer.
Abdullah Ahmad an-NaAoim.
Dekontruksi Syariah (Yogyakarta: Lkis, 2.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
Fazlur Rahman is of the opinion that it is not known exactly when the door of ijtihad was closed and who closed it, although there are those who view that the door of ijtihad was closed by traders at a later This is based on state of affair at that time.
Therefore, it can be concluded that formally there is no such thing as closing ijtihad by anyone or any high authority in Islam, but that state of affair slowly but surely prevailed in the thought of the Islamic world, its cessation as a general rule.
Over time, with the issue of closing the door of ijtihad, it does not become a barrier for contemporary Islamic figures to come up with new ideas as alternative solutions to problems.
This is greatly influenced by the social changes faced by Muslims which are always developing and dynamic, giving rise to a number of serious problems related to Islamic law.
In the end, an effort to reform Islam was born as did Yusuf al-Qardhawi.
Al-Qardhawi in his books always emphasizes the urgency of ijtihad as an effort to face the challenges of Islamic law in contemporary Even through his ijtihad theory, he tries to solve legal problems that develop in contemporary times.
6 He is not blind to taqlid to follow previous thinkers or stop in someoneAos opinion, but he tries to judge or select the opinions of fiqh experts and then he corrects them so that from his ijtihad it has relevance in accordance with current life and prioritizes the benefit of humans.
Based on this adage, al-Qardhawi as one of the qualified scholars in the field of Islamic law offers a method of ijtihad to deal with contemporary problems that continue to attack Muslims all the time.
Questions arise in the mind of the author, how the form of the method of ijtihad al-Qardhawi for contemporary problems.
This has become Fazlur Rahman.
Membuka Pintu Ijtihad (Bandung: Pustaka Setia, 1.
, p.
Siti Aminah.
AuPengaruh Pemikiran Fiqh Yusuf al-Qardhawi Di Indonesia,Ay Jurnal Ummul Qura V.
No.
1 (Maret 2.
: p.
Ahmad Gunawan.
AuPosisi Metode Ijtihad Yusuf al-Qardhawi Tentang Fisabilillah Sebagai Asnaf Mustahiq Zakat Dalam Perbandingan Empat Mazhab,Ay Tahkim.
Jurnal Peradaban dan Hukum Islam 2.
No.
1 (Maret 2.
: p.
TASAMUH.
Volume 13.
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Oktober 2021 an interest in contemporary studies, the author took the initiative to conduct research on the results of al-QardhawiAos thinking which became an alternative in solving problems in his time.
Research Methods The method used in this research is a qualitative method, which is a study to solve a problem which basically relies on a critical and in-depth study of relevant library materials.
In other words, qualitative research methods are research that uncovers certain social situations by properly describing reality, formed by words based on relevant data obtained from natural situations.
The source of data used in this study is a secondary data source, because it will examine the literature.
Processing and analyzing data in this study, there are five stages, as follows: .
editing, to find out how far the data that has been obtained, both from observations, interviews or documentation, is good enough and can be immediately prepared for purposes next process.
Classifying, the next process is grouping, where the data from the documentation is classified based on certain categories, namely based on, first, the life history of Yusuf al-Qardhawi in his works, second, the ijtihad method used.
Verifying, as a further step the researcher re-examines the data obtained, for example with the adequacy of references, triangulation, namely checking through other sources, and colleagues.
Analyzing, while the analytical method that the researcher uses is comparative descriptive, namely collecting, sorting, classifying, synthesizing, and making an overview.
Concluding, the last step is the conclusion or drawing conclusions, namely by analyzing the data comprehensively and connecting the meaning of the existing data in relation to the research problem.
Djam`an Satori dan Aan Komariah.
Metodologi Penelitian Kualitatif (Bandung: Alfabeta, 2.
, p.
Nana Sudjana dan Ahwal Kusuma.
Proposal Penelitian di Perguruan Tinggi (Bandung: Sinar Baru Aldasindo, 2.
, p.
84Ae85.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
Results Biography of Yusuf Al-Qardhawi Yusuf al-Qardhawi was born in the village of Safh Turab.
Republic Arab of Egypt, on September 9, 1926.
10 When he was only two years old, his father Abdullah left him.
Then he was raised by his uncle with great affection, and he was treated by his uncle as his own son.
Likewise he considers his uncle as his own father.
He also got along with his uncleAos sons and daughters as well as siblings.
At the age of five, al-Qardhawi began to learn to write and memorize the QurAoan, then at the age of seven he entered elementary He is very diligent in studying various sciences, both taught at school and given by his teacher.
His perseverance in the learn is supported by his strong memorization, so at the age of about 10 years he has memorized the QurAoan 30 juz fluently and his recitation is perfect.
Because of his prowess in reading the QurAoan at a young age, he was called Sheikh Qardhawi by the people of his village.
Even with his proficiency in reading the QurAoan, he is often appointed as a prayer priest, especially prayers that are read aloud.
Few people do not cry while praying behind al-Qardhawi.
After completing elementary school, al-Qardhawi continued his education to MaAohad Tanta which he completed for four years, then continued to secondary level for five years until he obtained the Aliyah diploma in 1952/1953.
In 1957, he continued again to MaAohad alBuhus wa al-Dirasat al-Arabiyyah al-Aliyah so that he received a high diploma in Arabic language and literature.
On the same occasion he also attended lectures at the Faculty of Ushuluddin, al-Azhar University.
Cairo, taking the fields of study of faith, philosophy, interpretation, and This course was completed in 1960 through a difficult exam.
Ishom Talimah.
Manhaj Fikih Yusuf Al-Qaradawi (Jakarta: Pustaka alKautsar, 2.
, p.
Abdurrahman Ali Bauzir.
Fatwa Qardhawi: Permasalahan.
Pemecahan dan Hikmah (Surabaya: Risalah Gusti, 1.
, p.
Abdurrahman Ali Bauzir.
Fatwa Qardhawi: Permasalahan.
Pemecahan dan Hikmah.
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After completing his studies at this level, he followed a doctoral program at the same university by submitting a dissertation entitled Aual-Zakah wa Atharuha fi Hill al-Mashakil al-IjtimaAoiyyahAy .
akat and its influence in overcoming social problem.
His doctoral program was completed in 1973, and his dissertation was tested in front of the professors of alAzhar by obtaining cumloude predicate.
Although a graduate of the ushuluddin faculty, al-Qardhawi is also diligent in studying the field of shariAoah.
From his educational background and his perseverance in studying various sciences, alQardhawi not only has the knowledge he obtained from the ushuluddin faculty .
amely akidah, philosophy, tafsir and hadit.
, but also masters the fields of fiqh, tarikh tasyriAo, ushul fiqh, qawaidul al-fiqh, cultural and historical philosophy and Islamic culture.
14 According to Abdurrahman Ali Bauzir, al-Qardhawi is known as an Islamic scholar and scholar who has far-sighted thinking.
A number of his essays that have been published in print media illustrate how broad his thoughts are in the field of religion.
It is very appropriate if he gets the title of a mufti of Islam to this day.
The DaAowah Movement and the Works of Yusuf Al-Qardhawi Activities in the Islamic movement, daAowah, and the world of education are very dense, especially since al-Qardhawi moved to Qatar .
EgyptAos attitude at that time was not friendly to him.
Even though al-Qardhawi lives in Qatar, he always visits Egypt, the country of his birth, especially during seminars, guest lectures, and daAowah.
In 1961 he served as director of the high school religious maAohad.
Then founded the Faculty of Tarbiyah at the University of Qatar, then in charge of the establishment of theprogram Dirasah Islamiyah and became its Dean .
In 1977-1989/1990 he served as Dean of Two Faculties, .
SyariAoah Islamiyah and .
Dirasah Islamiyah.
A year later .
0/1.
Hikmah.
Hikmah.
Abdurrahman Ali Bauzir.
Fatwa Qardhawi: Permasalahan.
Pemecahan dan Abdurrahman Ali Bauzir.
Fatwa Qardhawi: Permasalahan.
Pemecahan dan Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
he was trusted as Director of the Scientific Council of the study center which had previously been led by al-Ghazali and the MaAohad College of Islam at the University of al-Amir Abdul Qadir al-Jaziri al-Jazair.
Al-QardhawiAos seriousness in daAowah Islamiyah is really proven, because until 2000/2001, he has produced scientific works, in addition to seminar papers, as many as 91 books in various Islamic dimensions and quality essays, such as problems.
fiqh and ushul fiqh.
Islamic economics, ulum al-Quran and al-Sunnah, aqidah and philosophy, fiqh behavior, daAowah and tarbiyah.
Islamic movement and revival, unification of Islamic thought, general Islamic knowledge, series of Islamic figures, literature and others .
This is a remarkable achievement achieved by contemporary Muslim scholars.
Some of his works have been translated into various languages.
Among al-QardhawiAos works are: .
Al-Halal wa al-Haram fi al-Islam, .
Fiqh al-Zakat, .
Al-Ijtihad fi al-ShariAoat al-Islamiah maAoa Nazharat Tahliliyah fi al-Ijtihadi al-MuAoashir, .
Al-Sunnah Mashdaran li alMaAorifah wa al-Hadharah, .
Musykilat al-Faqr wa Kaifa AoAlajaha al-IslamSolve it, .
Hady al-Islam Fatawa MuAoashirah, .
Madkhal li Dirasat al-SyariAoat al-Islamiyah, .
Dirasah fiqh maqashid al-SyariAoah baina al-Maqashid al -Kulliyah wa al-Nushush al-JuzAoiyahSchools, .
FawaAoid al-Bunuk Hiya al-Riba al-Haram, .
Dawr al-Qiyam wa alAkhlaq fi al-Iqtisad al-Islami, .
Dur al-Zakat fi alaj al-Musykilat alIqtisadiyyah, .
Kayfa NataAoamal maAoa al-Sunnah al-Nabawiyyah, .
Al-Tarbiyah al-Islamiyah wa Madrasah Hasan al-Bana.
In addition to the above works, al-Qardhawi also wrote many books about Islamic figures such as al-Ghazali.
The Faithful Women and Abu Hasan al-Nadwi.
Al-Qardhawi also wrote books on Morals based on the QurAoan and al-Sunnah.
Islamic Awakening.
Literature and SyaAoir and many others.
Yusuf al-QardhawiAos contribution in the world of daAowah is very thick with the color of Hasan al-Banna.
Al-BannaAos struggle in raising the harakah has reached the stage of forming an organized harakah.
Muhammad Djakfar.
Agama.
Etika.
Dan Ekonomi Wacana Menuju Pengembangan Ekonomi Rabbaniyah (Malang: UIN Press, 2.
, p.
88Ae89.
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Therefore, al-QardhawiAos main works in the field of harakah and Islamic daAowah are always directed at efforts to strengthen the movement.
Among his works directed towards this goal are: .
al-Shahwah al-Islamiyyah baina alJuhud wa al-Tatharruf, .
al-Shahwah al-Islamiyyah baina al-Ikhtilaf al-MasyruAo wa al-Tafarruqal-Madzmum, .
al-Shahwah al Islamiyyah wa Humum al-Wathan, .
Aulawiyyat al-Harakah al-Islamiyah fi alMarhalah al-Qadimah.
In these four works, al-Qardhawi strives to establish ethical boundaries that must be adhered to in carrying out harakah responsibilities and treating diseases that usually afflict harakah activists.
Factors Affecting Yusuf Al-QardhawiAos Thoughts Many factors underlie and color Yusuf al-QardhawiAos thoughts.
Social Factors Every intellectual activity that arises from an activity cannot be separated from the social problems that surround it.
In other words, a thought construction that appears has a relationship with social reality as a response and dialectic of thought with various phenomena that develop in society.
16 Likewise, what happened to al-Qardhawi, in the hometown where he was born and raised there are several phenomena that encourage his personality, namely the existence of schools of jurisprudence and traditions of tradition that have been adopted by the community for generations.
Their tradition of extreme adherence to certain schools of thought has caused them to live a static and rigid life which often turns into a fanatical attitude that cannot be justified by Islam, so that in worshiping, they no longer follow the Koran and sunnah or argumentative and accountable words.
This is because their Abdurrahman Ali Bauzir.
Fatwa Qardhawi: Permasalahan.
Pemecahan dan Hikmah, p.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
obedience is solely an obedience to the individual and not to the strength of the evidence used.
This condition raised al-Qardhawi.
However, he is still very lucky, because even though he lives in the midst of a societycentric madzhab, he is not affected and has a different current from the people around him.
Of course, al-QardhawiAos attitude cannot be separated from the role and assistance of his teachers.
Since sitting at the Tsanawiyah level, al-Qardhawi has learned a lot so that he can live side by side with those who have different It is at this level that he begins to learn to follow the hujjah and not follow the figure, because he knows .
ccording to the words of Imam Mali.
, that everyone has the same opportunity to get to the truth, even though on his journey, he accidentally makes mistakes.
Therefore, since sitting at the Ibtidaiyah level, if he finds that his teacher does not have a clear argument from the QurAoan and Sunnah, he does not hesitate to criticize and refute his teacherAos opinion.
Seeing this little al-QardhawiAos critical attitude, there were teachers who were very proud but some felt hurt, until he left the class.
Political Factors When the Muslims of Egypt experienced a decline, the European-Christian made very rapid progress in the fields of science and technology, thus making Europe strong in the political and military fields.
Military power is used to intervene in the internal politics of Muslims which are declining and become exploitative imperialism and colonialism.
Imperialism and colonialism not only threaten politics and the economy, but also threaten the missionary religion and culture of Islam.
Christianity that accompanied colonialism tried to attract the attention of Muslims to Christ.
According to RodinsonAos Marxism, the decline of the Islamic world was the target of Hikmah.
Abdurrahman Ali Bauzir.
Fatwa Qardhawi: Permasalahan.
Pemecahan dan John L.
Esposito.
Islam dan Politik (Jakarta: Bulan Bintang, 1.
, p.
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Christians have accused the Muslim world of misfortune, because of Islam itself.
The missionaries assumed that Christianity supported progress and vice versa Islam because it caused the cessation of culture and development.
The attacks and criticisms carried out by Christian intellectuals and missionaries were a challenge for Egyptian reformers, including al-Qardhawi, to devote their intellectual abilities to defending Islamic doctrine and law from attacks and refuting their wrong perceptions of Islam.
As a result of EgyptAos modernist practices, the traditional Islamic basis of the Islamic State has changed.
Laws and state institutions are no longer based on Islamic legitimacy, but have followed models imported from the west.
Intellectual Factors This is one of the sunnah of Allah that no human life will reach perfection.
There is no one whose ideas will always be accepted without criticism by various groups.
Likewise with the efforts made by al-Qardhawi, because apart from the admirers who are always amazed by his brilliant ideas, and some even suspect all of his efforts.
Basically, any criticism delivered by anyone and to anyone, will be very constructive if it is done in intelligent and civilized ways, so that future generations can learn a lot from them.
However, all that will be bad for the future of the Ummah, if done emotionally and full of suspicion.
Definition of Ijtihad According to Yusuf Al-Qardhawi In the Encyclopedia of Islamic Law it is stated that ijtihad is a genuine effort by a mujtahid to reach a syaraAo decision (Islamic la.
regarding cases whose settlement has not been stated in the QurAoan and the Sunnah of the Rasulullah.
According to al-Qardhawi.
Ijtihad is something that has legitimacy in Islam, therefore the opportunity for John L.
Esposito.
Islam dan Politik.
John L.
Esposito.
Islam dan Politik.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
scholars to ijtihad is now a necessity and the law is fardu kifayah, in order to determine a law in a global and dynamic context.
Technically, ijtihad is legal reasoning independently to provide an answer to a problem that occurs when there is no answer in the QurAoan and as-Sunnah.
In other words, ijtihad is the mobilization of all abilities of a faqih to acquire knowledge of a law through the syaraAo 22 In addition, ijtihad can also be said as an effort in the study of Islamic law which is carried out with full sincerity by mobilizing all the capabilities possessed to produce a legal conclusion on something that is not yet clear in law.
Al-Qardhawi has the view that ijtihad has a very important role in exploring and developing Islamic law.
However, ijtihad is a difficult and difficult job, especially in this day and age because of the many new problems that keep popping up caused by the rapid progress of science and technology in the contemporary era.
So contemporary ijtihad is ijtihad in response to current developments.
Therefore, in order for ijtihad in this day and age .
ontemporary ijtiha.
to be implemented, there needs to be guidance and guidelines.
According to al-Qardhawi, ijtihad is not only limited to the scope of the latest problems, but ijtihad also has other interests related to the treasures of Islamic law, namely by conducting a review of the problems that exist in it based on the conditions that occurred in the today and the needs of Muslims to choose the strongest and most suitable opinion by realizing the objectives of the ShariAoa as the goal of benefit and harmony of mankind.
23 Regarding this matter, al-Qardhawi has provided guidelines that can be seen from his views, including the implementation of contemporary ijtihad, the types of ijtihad that are needed now, the forms of ijtihad results in the modern age, deviations Yusuf al-Qardhawi, al-Ijtihad fi al-SyariAoat al-Islamiyah maAoa Nazharat Tahliliah fi al-al-Ijtihad al-MuaAoshir (Kuwait: Dar al-Qalam, 1.
, p.
Djazuli.
Ilmu Fiqh.
Perkembangan dan Penerapan Hukum Islam (Jakarta:
Kencana, 2.
, p.
Yusuf al-Qardhawi.
Au al-Ijtihad al-MuAoashir Baina al-Indlibaath wa al-Infiraath Au, trans.
Abu Barzani.
Ijtihad Kontemporer Kode Etik dan Berbagai Penyimpangan (Surabaya: Risalah Gusti, 2.
, p.
13Ae14.
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Thus, the ijtihad called for by al-Qardhawi provides convenience and prudence for qualified people to devote all thinking skills in exploring and formulating Islamic law based on nash.
It is clear that with ijtihad, new events and happenings that are constantly popping up will be legalized.
In other words, if ijtihad is activated effectively, it will be able to answer the challenges of the times in the field of law.
Because Islam is a religion that has comprehensive legal institutions that are able to provide applicative therapies to various kinds of contemporary problems when these legal instruments are formulated by professional Source of Ijtihad Yusuf Al-Qardhawi Basically, the source of ijtihad is something to which ijtihad is carried out and on the basis of which legal products are formulated.
Therefore, in essence, the source of ijtihad does not differ in meaning from the source of law or legal proposition which is defined as a guide that can be followed to formulate the law.
Yusuf al-Qardhawi uses several sources of ijtihad in formulating his fatwa opinion, both in the sense of something from which legal conclusions are drawn and in the sense of al-adillah as-syarAoiyyah .
egal argument.
In the book Min Hady al-Islam Fatawa MuAoasirah, when studying the prohibition of smoking, al-Qardhawi mentions four sources or legal arguments in sequence, namely: .
Al-QurAoan, .
Sunnah, .
Ijmak, .
Al-QawaAoid as-SyarAoiyyah al-Kulliyah .
niversal Sharia principle.
According to al-Qaradawi, the QurAoan and the Sunna are two sources of law that are both maAoshum .
uarded from erro.
, therefore it is impossible for them to contradict each other considering that they both come from one source.
Therefore, what often happens according to al-Qardhawi is a misunderstanding or error in interpreting one of the two.
Yusuf al-Qardhawi.
Hady al-Islam Fatawa al-MuAoasirah, 1 (Kuwait: Dar al-Qalam, 2.
, p.
645Ae646.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
In addition to the four sources or legal arguments above, alQardhawi does not use other sources in ijtihad.
Al-Qardhawi only mentions the legal arguments used in addition to the QurAoan.
Sunnah and ijmak, only logic.
As for Qiyas, regardless of the debate between his position as a source of law or a method of taking law, al-Qardhawi did not use it as a source of law.
In the fatwas put forward by al-Qaradawi, there is no use of Qias as a source of law.
So it can be concluded that alQardhawi is slightly different in terms of the hierarchy of legal sources used by mujtahids in general, namely: the QurAoan.
Sunnah.
Ijmak and Qiyas.
The sources or legal arguments used by al-Qardhawi in a hierarchical manner can be explained as follows:26 Al-QurAoan The QurAoan is the main source or legal proposition used by al-Qardhawi in formulating his fatwa.
In almost all of his fatwas, al-Qardhawi uses verses from the QurAoan as a source of ijtihad or legal arguments.
According to al-Qaradawi, the QurAoan is a source of law that is sacred, therefore it is impossible to use different words in its verses unless it shows a different meaning or purpose.
He believes in the principle that the QurAoan must be free from repetition in its interpretation.
In interpreting the verse of the QurAoan, al-Qardhawi chose to use the substantive meaning of a verse or word in the verse of the QurAoan.
Therefore, the interpretation of the QurAoanic verse by al-Qardhawi becomes wider than the meaning that can be directly understood from a single word in the QurAoan.
For example, when interpreting the word fi sabilillah in formulating mustahik zakat, al-Qardhawi understands it with the meaning of its substance, namely defending Islam.
Therefore, in his fatwa, al-Qardhawi mentions that the mustahik of zakat include preachers, mujtahids.
Islamic study institutions and students.
Because basically they struggle to defend Islam at the ideological level.
Related to this Yusuf al-Qardhawi, p.
Yusuf al-Qardhawi, p.
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Because at that time it was the Prophet who had full authority to explain and establish laws for the Muslim In the case when the Apostle is silent about a matter, it can be considered that the ApostleAos decision is to allow it.
For example, there is no hadith about it, but history proves that this happened at the time of the Prophet, so it can be said that the law is permissible.
As an infallible source, al-Qardhawi almost always cites the sunnah as a source of law in every fatwa, although he does not always mention the hadiths related to it.
When explaining the law of qunut, he stated that there is a hadith that the apostle performed qunut to pray for the destruction of the polytheists, but he did not quote the hadith.
Al-Qardhawi thought that the argument could not be relied on anyone except the Prophet Muhammad.
Therefore, he does not accept arguments based on the words of his companions or later This is closely related to the two principles he holds in his fatwa, namely ijtihad and non-taqlid.
The expression he uses about not being allowed to prostrate using anything other than the words of the Messenger of Allah is quoted from MalikAos saying that it is permissible for anyone to take or reject his words except the words of the Rasulullah.
Al-Qardhawi also divides hadith based on its content, whether it contains law or not.
This relates to the division of MuhammadAos actions into his position as an ordinary human being with as an Apostle.
In connection with this, he does not use Yusuf al-Qardhawi.
Hady al-Islam Fatawa al-MuAoasirah.
Yusuf al-Qardhawi.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
traditions that do not clearly indicate the legal content, if there is a hadith that has a clearer meaning.
In relation to the textuality and contextuality of hadith, sometimes al-Qardhawi uses the contextuality of hadith as a consideration for interpreting a hadith, and in other traditions he only sticks to the text of the hadith and does not describe the context.
Ijmak One of the sources/legal arguments used by al-Qardhawi in addition to the QurAoan and sunnah is ijmak as mentioned earlier.
According to al-Qardhawi, ijmak is the general agreement of Muslims on legal matters, and the agreement of the jurists in Ijmak in a broad sense is of higher value than ijmak in a specific sense.
Ijmak in a special sense is the agreement of the mujtahids on a legal case.
In his fatwa on the law of covering hair for women, al-Qardhawi mentions the consensus of several groups of scholars, namely fiqh experts, hadith experts, tasawwuf experts, remembrance experts, zahir experts, raAoyu experts and atsar experts.
Their agreement is considered as consensus.
Moreover, al-Qardhawi assumes that ijmak in a general sense is higher in hierarchy than hadith.
Ijmak can occur when Muslims as a whole do a legal case.
In ijmak also includes agreement on the validity of a hadith.
Agreement in ijmak can also occur through a statement of opinion in the study, whether he intentionally says ijmak or the legal conclusion is the same as the conclusions of other jurists.
al-QawaAoid as-SyarAoiyyah al-Kulliyah Al-Qardhawi stated that the universal principles of Islamic law have an important role in establishing law.
These principles are very instrumental in determining the law on new problems that arise along with the development of human civilization.
32 On Yusuf al-Qardhawi.
Yusuf al-Qardhawi.
Yusuf al-Qardhawi.
Yusuf al-Qardhawi.
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There are several universal principles of Islamic law used by al-Qaradhawi.
Most of these principles are widely known rules of jurisprudence, but there are also principles that he formulated differently from the rules of jurisprudence that are known in general, namely:
The law of the origin of something useful is permissible As in the case of establishing the law of cigarettes.
In berijtihad on the law of smoking, al-Qardhawi concluded that the law of smoking is haraam.
Contrary to the opinion of some scholars who say that the law of smoking is permissible, because the rules of jurisprudence used is the law of origin of everything is halal unless there is evidence to the contrary.
Al-Qardhawi did not accept this principle and formulated a new principle, namely: the law of the origin of something useful is permissible.
Maqasid as-SyarAoiyyah Yusuf al-Qardhawi is one of the figures who embraces, believes and considers the maqasid as-syariAoah in the formulation of Islamic law.
For him, the existence of the maqasid as-syariAoah is very convincing considering that Allah will not establish a law that is useless in the sense that it does not have a specific purpose.
AlQardhawi defines the maqasid as-syariAoah as the goal that is the target of the text and the particular laws to be realized in human Whether in the form of orders, prohibitions, permissions, whether for individuals, families, groups or people.
The term maqasid as-syariAoah can also be equated in meaning with the wisdom that is the purpose of the establishment of a law.
All laws set by Allah and His Messenger always have wisdom or purpose, regardless of whether it is known or not.
as-syariAoah cannot be equated with the illat of law used in qiyas.
Therefore, the maqasid as-syariAoah islawful not a clear, fixed andnature, which is the definition of illat.
Because although illat is in accordance with the law, it is not necessarily the object of the law.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
The interests of the living are given priority over the interests of the dead.
The interpretation of this principle gives birth to another principle that the harm of the living is more important than the harm of the dead.
Based on the principle of the interests of the living, al-Qardhawi concluded that it is permissible to dismantle a tomb or mosque located on someone elseAos land or it is not permissible to bury someone or build a mosque on someone elseAos land without the permission of the owner.
Harm should be eliminated The elaboration of this principle gives rise to other principles, such as not harming oneself and others, choosing the lightest harm, danger cannot be eliminated by causing the emergence of other dangers, light dangers must be borne in order to avoid greater danger, specific hazards must be borne in order to avoid general hazards, and so on.
This principle is very much used by al-Qardhawi especially when studying contemporary issues such as bank interest and the law of working in banks.
As for logic, whether used as a source or evidence of ijtihad, alQardhawi does not clearly mention the QurAoan, sunnah, and ijmak and al-QawaAoid as-SyarAoiyyah al-Kulliyah.
However, in various fatwas he used it as a source and legal evidence.
In addition.
Urf is also a source or legal evidence used by al-Qaradhawi.
However, its position is only as a source or proof of secondary law, not primary.
Urf is used by alQardhawi to define the meaning of safar as illat rukhsah in fasting.
Based on urf, al-Qardhawi interprets the meaning of safar with the meaning of traveling considering the Arabs use the word to indicate the meaning of traveling.
Analysis: Methodology and Applicability of Yusuf Al-QardhawiAos Ijtihad in Contemporary Issues Yusuf Al-QardhawiAos Method Ijtihad Ijtihadas mentioned by Yusuf al-Qardhawi, is something that TASAMUH.
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There are three types of methodologies and alternatives in ijtihad offered by al-Qardhawi, namely ijtihad intiqaAoi .
elective ijtiha.
, ijtihad insyaAoi .
reative ijtiha.
, and ijtihad integration between intiqaAoi and insyaAoi.
Pattern of Ijtihad IntiqaAoi Ijtihad IntaqaAoi as done by Yusuf al-Qardhawi in his fatwa is to select some opinions and set the strongest opinion and follow it based on certain legal arguments.
This ijtihad is very much found in al-QardhawiAos contemporary fatwas from several treasures of Islamic fiqh, either in the formulation of fatwas or judgesAo decisions, by using explanatory instruments to extract some of these opinions.
This is due to the many problems asked to him that have been studied by previous mujtahids, such as the distance of travelers who can break their fast, qunut in the dawn prayer and so on.
Inijtihad IntaqaAoi,examines al-Qardhawithe opinions of previous legal scholars on a problem by weighing the arguments used until he obtains the strongest opinion based on the strongest In addition to the consideration of propositions, intiqaAoi conducted by al-Qardhawi also considers the identification of problems and contemporary conditions, namely socio-political changes, the progress of modern science and technology, and the urgency of the development of the times.
In this context, when a faqih is confronted with several fatwas in an issue, then he must make a selection of those opinions, whether the formulation of the proposition used is derived from nash or an interpretation of nash.
Thenperformed tarjih is by taking the strongest opinion in accordance with reality, within the framework Yusuf al-Qardhawi, al-Ijtihad fi al-SyariAoat al-Islamiyah maAoa Nazharat Tahliliah fi al-al-Ijtihad al-MuaAoshir, p.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
of al-Maqashid al-SyarAoiyyah, while still considering the public interest and avoiding Mafsadah.
According to al-Qardhawi, the criteria used to perform tarjih are:
have relevance to present life, .
prioritize more to realize the purposes of yara Ao, .
for human welfare, and .
reject danger.
Furthermore, al-Qardhawi added that the activities of tarjih performed by tarjih experts during the revival of Islamic law were different from the activities of tarjih during the decline of Islamic Furthermore, al-Qardhawi added that the activities of tarjih performed byexperts tarjih during the revival of Islamic law were different from the activities of tarjih during the decline of Islamic law.
In the latter period, tarjih is defined as an activity whose main task is to select the opinions of jurists in the internal environment of certain schools, such as hanafiyah, malikiyah, syafiAoiyah and hanabilah.
Meanwhile, in the period of the rise of Islam, tarjih means selecting the various opinions of the ijtihad of the Companions.
TabiAoin and scholars from various schools of thought.
Sunni .
hli al-sunnah wa al-jamaAoa.
, and also examining the opinions ofscholars syiAoah al-zaidiyah and imamiyah.
35 So it is cross -madhhab, because all the results of ijtihad from the various previous madhhabs occupy a parallel position.
Pattern of Ijtihad InsyaAoi Ijtihad insyaAoi is an attempt to formulate the law of an issue that has never been raised by the Salaf jurists, either because the issue is new or because the legal opinion is different.
Ijtihad insyaAoi is also mentioned as an attempt to establish a legal conclusion from a new issue that has never been raised by previous scholars, because it has not yet emerged at that time.
It is also possible that when the previous jurists disagreed to the point of two opinions, then the current mujtahid came up with a third opinion.
Yusuf al-Qardhawi, al-Ijtihad fi al-SyariAoat al-Islamiyah maAoa Nazharat Tahliliah fi al-al-Ijtihad al-MuaAoshir.
Yusuf al-Qardhawi.
TASAMUH.
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performing ijtihad insyaAoi, al-Qardhawi often quotes the opinions of other jurists if any, examines the legal arguments used and draws legal conclusions.
Meanwhile, if there is no opinion of other scholars on the issue, then al-Qardhawi presents his arguments and arguments and concludes his legal opinion.
Regarding this ijtihad insyaAoi , al-Qardhawi argues that after quoting the various opinions of the scholars, the next step is to review the various opinions, then draw conclusions in accordance with the text of the QurAoan and Hadith, the rules and maqashid alsyarAoiyah while praying that Allah inspires the truth, does not block the veil of reward, and keeps from the shackles of fanaticism and taqlid as well as lust and prejudice against others.
Pattern of Ijtihad Integration between Ijtihad IntiqaAoi and InsyaAoi.
Ijtihad integration is a combination of the previous two forms ijtihad, ijtihad is between intiqaAoi and insyaAoi.
This ijtihad is done by presenting the opinions of Salafi scholars on a legal issue, determining the strongest of them and explaining or adding new things that have not been explained or included by previous Contemporary ijtihad is the integration between selective ijtihad and imaginative ijtihad, that is, by selecting the opinions of previous scholars that are considered relevant to the present and stronger, then adding in those opinions added with new elements of ijtihad.
Results of Yusuf Al-QardhawiAos Ijtihad At the practical level, contemporary ijtihad can be realized in three forms, namely: the form of modern legislation, the form of fatwa, and the form of research, study or study.
The existence of such ijtihad can also be an effective means to ground Islamic values AUAUin life.
For al- Yusuf al-Qardhawi.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
Qardhawi Islamic law has always been relevant in every time and place.
As for the rules of straightforward contemporary ijtihad, according to al-Qardhawi, that is, ijtihad must be done by devoting all oneAos abilities, there is no ijtihad in matters that are qatAoi .
here is no ijtihad in the lawevidence is whoseqatAoi .
, it is not allowedconsider laws Zanni as the law QatAoi or assume things are actually still disputed expressed as a result of the consensus, linking studies of jurisprudence and hadith, keep yourself from falling under the pressure of the reality of the modern world, welcome new and useful invention , do not delay the circumstances of the times and needs, move on to ijtihad jamaAoi .
, and an open mind to accept new ijtihad.
So, al-QaradawiAos views on the implementation of contemporary ijtihad, all kinds of ijtihad is needed now, form- the form of the result of ijtihad in the modern century and the straightforward rules of contemporary ijtihad is a guide and guideline in carrying out the ijtihad of the contemporary era.
For example, the results of al-QardhawiAos ijtihad include bank interest, usury and zakat law on banknotes, the use of menstrual pills in the month of Ramadan, the law of injections when fasting, suicide bombings, religious marriage surgery, the law of Muslim prayer in church, zakat on buying and selling land, naming children according to Islam, the law of correcting statues, the law of euthanasia .
acilitating the process of death both actively and passivel.
The problem and law of transplantation .
rgan transplantatio.
, and many more results of alQardhawiAos ijtihad related to contemporary issues in his book.
How to set the law for these events? Of course by doing ijtihad continuously, as long as the new events and happenings continue to In this regard.
Alkaf gives an opinion, we certainly realize that the consequences caused by human actions are constantly changing, especially in times of progress like today.
However, as long as we want to do ijtihad, all the questions that arise will be easily answered.
38 Based Yusuf al-Qardhawi.
Idrus Alkaf.
Ijtihad Menjawab Tantangan Zaman (Surabaya: Risalah Gusti, 1.
, p.
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This aims to close the possibility of ijtihad in a hurry, so that it is wrong to take the rule of law, think freely without squeezing all his ability first, especially in researching the arguments, understand in depth and draw conclusions from the arguments and compare them.
with other propositions which at first glance seem to contradict each other.
The actualization of the method of ijtihad used by al-Qardhawi in his fiqh thinking, can be seen from some contemporary issues that he poured in the book Aual-Fatawa al-MuAoashirahAy, one of them in the field of worship, namely the issue of shaking hands with non-strangers.
An issue that remains a space of debate to this day is about the law of shaking hands between men and women who are not mahrams.
In this case, al-Qardhawi put forward two opinions, namely: First, the opinion that says it is forbidden to shake hands between men and women when accompanied by lust and having fun .
against one or both .
en or wome.
, or feared there will be slander.
This opinion, reinforced by scholars who say that skin contact of men with women .
n the origin of the law is permissibl.
can turn into haram if accompanied by lust or fear of slander.
Second, it is permissible to shake hands between men and older women who no longer have passion for men, or vice versa.
Similarly, small children who do not have orgasm against the opposite sex, because it is believed to be spared from slander.
This opinion is based on the narration from Abu Bakr ra that he shook hands with some old women, and Abdullah took the old womanAos maid to take care of him, so the woman wiped him with her hands and cleaned his head of lice.
Yusuf al-Qardhawi, al-Ijtihad fi al-SyariAoat al-Islamiyah maAoa Nazharat Tahliliah fi al-al-Ijtihad al-MuaAoshir, p.
Yusuf al-Qardhawi.
Fatawa MuAoashirah, 8 ed.
, 2 .
l-Qaherah: Dar al-Qalam, 2.
, p.
291Ae302.
Yusuf al-Qardhawi.
Fatawa MuAoashirah.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
According to al-Qardhawi, this ruling aims to close the door to slander and curb the turmoil of lust.
As a method of saying:42 AI I EO O EEIAE EA Meaning: Something that is forbidden because it closes the door of disobedience, then it is allowed because of the strong and definite benefits.
This benefit is a very important consideration, because through this approach will close or stop an act that is forbidden by Allah swt.
Such as adultery.
Conclusion Yusuf Al-Qaradawi as one of the qualified scholars in the field of Islamic law offers a method of ijtihad to deal with contemporary problems that continue to attack Muslims at all times.
Al-Qardhawi has the view that ijtihad has a very important role in exploring and developing Islamic law.
However, ijtihad is a difficult and heavy work, especially in todayAs world because of the many new issues that continue to emerge caused by the rapid advancement of science and technology in the current era.
Al-Qardhawi used several sources of ijtihad in formulating his fatwa opinion, al-Qardhawi mentioned four sources or legal arguments in sequence, namely: .
Al-QurAan, .
Sunnah, .
Ijmak, .
Al-Qawa Aid as-SyarAiyyah al-Kulliyah (Universal Sharia Rule.
There are three types of methodologies and alternatives in ijtihad offered by al-Qardhawi, namely ijtihad intiqaAi .
elective ijtiha.
, ijtihad insyaAi .
reative ijtiha.
, and ijtihad integration between ijtihad intiqaAi and insyaAi.
Ijtihad IntaqaAi as done by Yusuf al-Qardhawi in his fatwa is to select some opinions and determine the strongest opinion and follow it based on certain legal arguments.
This ijtihad is very much found in al-QardhawiAs contemporary fatwas from several treasures of Islamic fiqh, either in the formulation of fatwas or judgesA decisions, by using explanatory instruments to extract some of these opinions.
Yusuf al-Qardhawi.
Fatawa MuAoashirah.
TASAMUH.
Volume 13.
Nomor 2.
Oktober 2021 Ijtihad insyaAi is generally performed by al-Qardhawi for issues that are relatively new and have not been known in the past.
In performing ijtihad insyaAi, al-Qardhawi often quotes the opinions of other jurists if any, examines the legal arguments used and draws legal conclusions.
Meanwhile, if there is no opinion of other scholars on the issue, then al-Qardhawi presents his arguments and arguments and concludes his legal opinion.
Contemporary ijtihad is the integration between selective ijtihad and imaginative ijtihad, that is, by selecting the opinions of previous scholars that are considered relevant to the present and stronger, then adding in those opinions added with new elements of ijtihad.
At the practical level, contemporary ijtihad can be realized in three forms, namely: the form of modern legislation, the form of fatwa, and the form of research, study or study.
The existence of such ijtihad can also be an effective means to ground Islamic values in AUAU life.
For example, the results of al-QardhawiAs ijtihad include bank interest, usury and zakat law on banknotes, the use of menstrual pills in the month of Ramadan, the law of injections when fasting, suicide bombings, religious marriage surgery, the law of Muslim prayer in church, zakat on buying and selling land, naming children according to Islam, the law of correcting statues, the law of euthanasia .
acilitating the process of death both actively and passivel.
Problems and laws of transplantation .
rgan transplantatio.
, and many more results of alQardhawiAs ijtihad related to contemporary issues in his book.
The actualization of the method of ijtihad used by al-Qardhawi in his fiqh thinking, can be seen from some contemporary issues that he poured in the book Aal-Fatawa al-MuAashirahA, one of them in the field of worship, namely the issue of shaking hands with non-strangers.
Asrizal Saiin - Methodological And Applicative Ijtihad Yusuf Al-Qardhawi .
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