Open AccessAL-IJTIHĀD AL-ISTIṢLĀḤĪ AND ITS IMPACT IN CONTEMPORARY JURISTIC INFERENCE: MAJELIS TARJIH’S PERSPECTIVE OF MUHAMMADIYAH
Author(s) -
Fajar Rachmadani
Publication year - 2019
Publication title -
ijish (international journal of islamic studies and humanities)
Language(s) - English
Resource type - Journals
eISSN - 2615-7403
pISSN - 2614-3836
DOI - 10.26555/ijish.v1i2.408
Subject(s) - islam , political science , competence (human resources) , law , perspective (graphical) , sharia , sociology , psychology , theology , philosophy , computer science , social psychology , artificial intelligence
After critically analyzing and comparing the thoughts ofIslamic legal scholars on authority of unrestricted interest(maṣlaḥah al-mursalah) and its competence in juristicinference, the author concludes that both can be evidencefor reasoning. Moreover, in new problems in whichreligious texts have not dealt with. This paper concludes thatMuhammadiyah as a renewal Islamic movement has acertain council for issuing fatwās, namely Mejelis Tarjih danTajdid (The Council of Tarjih and Tajdid). It considersunrestricted interest as one of the evidences in juristicinference and issuing fatwās. This appears from fatwāsissued by the council which are based on al-Ijtihād alistiṣlāḥīor so called unrestricted interest, including fatwā onunregistered marriage, fatwa on divorce not through thecourt, rely on al-ḥisāb al-falakī for determining early hijrimonths, fatwā on smoking, and fatwā on charity ofprofession. This paper is using inductive approach and itsprimary sources are the principles Islamic jurisprudencebooks. In addition, its secondary sources are the compilationof Majelis Tarjih’s fatwā, articles, journals, and allinformation on this topic. Furthermore, this article alsoconsiders the books on comparative school of Islamicjurisprudence.