MERETAS KEBEKUAN IJTIHAD DALAM KONSTRUKSI FIQIH SOSIAL

Abstract

To rip up the static Ijtihad in the construction of social jurisprudence. Recently there are
many growing issues to be solved in many sectors such economic, social and culture, within the
contemporary Islamic law. Therefore it is important as mujtahid to be eye catching to see the current
issues and to review the decission law in according to the need of the people. Ijtihad is one of methods
to analyze the islamic law logically and rationally according to the social movement, trying to analyze
and examine the law that should be developed in the society. And it is important to examine that
ijtihad is allowed by the scholars. Ijtihad is a dynamic activity which is developing with the
development of the human thought and activities. Though Ijtihad is done for the sake of people
welfare but the Mujtahid should consider of deciding the law though two methods, Ijtihad Intiqa’ or
Insya’i Ijtihad. When solving the issues one should aware of the ijtihad jam’i and maqasid syar’iyyah.
And thus the ijtihad will be able to solve the problem in society.