Metodologi Hukum Islam ‘Abd al-Halim Mahmud
Abstract: This article
discusses the concept of ijtihâd (legal reasoning) and the typology of legal
thought of ‘Abd al-Halîm Mahmûd. According to Mahmûd, ijtihad is devoting all
abilities of a mujtahid to arrive at the essence and substance of a problem
intended by the Prophet Muhammad. This definition is supported by the division
of ijtihâd into two: ijtihâd istinbâtî, the object of which is the texts of the
Qur’ân or the Sunnah, and ijtihâd tatbîqî, the object of which is legal
problems of the time. Mahmud maintains that a mujtahid should meet certain
qualifications such as the abilities of understanding Arabic language,
memorizing the Qur’ân, understanding asbâb al-nuzûl (causes of revelation),
memorizing the Traditions of the Prophet related to legal matters, and the
brilliance in making legal reasoning and conclusions. Mahmûd belongs to
moderate group that agrees with the formalization of private laws, while public
laws in his view serve only as materials for national laws. Mahmûd also gives
an emphasis on the integration between nass (text) and maqâsid al-sharî‘ah (the
objectives of law).
Penulis: M. Lathoif Ghozali
Kode Jurnal: jpperadabanislamdd140127
