Ijitihad ( Resolution on Islamic Rulings)

Ijtihad and Mujtahid.

The two main sources of Islamic Legislation are Al-Quran and Sunnah. It was practiced during the era of Prophet Muhammad SAW that every problem that needed rulings would be taken (derived) from the Holy Quran and Sunnah of the Prophet himself. Even the Prophet SAW himself practiced the ‘Ijtihad’ for certain incident. But there are conflicts between the Scholars regarding the Prophet’s ‘ijtihad’:

First group ( Asyai’rah and most of Mu’tazillah ) said that the Prophet does not have diligence and they derived a proof from Holy Quran : ( Nor does he speak of (his own) desire. It is only an Inspiration that is inspired (1) )

And Second group ( Jumhur Usuliyyin ) said that the Prophet does have diligence and their proof derived from Holy Quran : ( Surely, We have sent down to you (O Muhammad ) the Book (this Qur'an) in truth that you might judge between men by that which Allah has shown you (2) )

During the era of four Rightly-Guided Qaliphs , the early Muslim community came into new cultures, systems and behavioral patterns which did not have specific corresponding Sharia Ruling. Confronted with situational conflicts, the Caliphs decided as follows:

a. Search first for a specific ruling in the Holy Qur’an,

b. If there is no such ruling in the Holy Qur’an search for a ruling from the Sunnah of the Prophet,

c. If there is no ruling in the Sunnah, meet with the major Sahabah and obtain an agreement on the solution to the conflict unanimously. This agreement is known as Ijma. If there is no unanimity, obtain the majority’s position.

d. If the differences are great and no significant majority can be obtained, the Caliph can make his own Ijtihad, which will now be the rule in the conflict.

From all above, it shows the importance of Ijtihad from the era of Prophet Muhammad SAW until today. From time to time new Ijtihad is needed to adjust the classical fiqh doctrines so that it can be applied in the modern times. For that...