Qadri Azizy’s views on Ijtihâd and its relevance to the Reformulation of Islamic Law in Indonesia

ABSTRACT

Every thinker has idea models, which are different each other. It is caused by some factor; they are social, politic until culture factors. One of the Indonesian thinkers is Qadri Azizy. His thought about ijtihâd gets many comments from academic societies. On one side, it is because ijtihâd is vital equipment in solving the problems of society. On the other side, the result of ijtihâd also has to be appropriate to the problems. Consequently, process of ijtihâd has to involve the expanding modern science, so that what ijtihâd produce does not solely result of ijtihâd but result of ijtihâd which can make the Reformulation of Islamic laws especially in Indonesia. Therefore, idea of Qadri Azizy concerning ijtihâd need to be searched and found his relevancy to the Islamic law in Indonesia.

Related to those phenomena, research problem are explored, namely how the idea of Qadri Azizy concerning ijtihâd is and what the relevancy of his idea to the Reformulation of Islamic law in Indonesia is. Therefore the purposes of this research is to explain the Qadri Azizy’s ideas concerning ijtihâd, especially ijtihâd model which he develops namely modern scientific ijtihâd, and also look for the relevancy of his idea to the effort Reformulation of Islamic law in Indonesia.

This research used bibliographic or research based on library and applied as qualitative research approach. In law research, this research is considered a juridical normative research. The collecting data used in this study is secondary data. Because this research is bibliographic research, so this research uses documentation method as instrument of collecting data. The researcher tries to collect many sources of references that are related with the topic, especially Qadri Azizy’s books about ijtihâd. After finding and reading data, the researcher selected the data based on the research problem by classifying the data. Finally, the researcher conducted and analyzed the collected data by using descriptive qualitative analysis. Then, the conclusion is the last step.

The principle and method of ijtihâd promoted by that Qadri Azizy is clearly relevant to be applied for the agenda of Reformulation of law in Indonesia, because: first, the principle of ijtihâd told by Qadri Azizy is in line with Pancasila as source of all law source which is agreed to apply in Indonesia, second, the principle of ijtihâd that is told by Qadri Azizy treat public interest (mashlahah ‘âmmah), which is also confessed as principle and a base of law which is applied in Indonesia, third, the principle of ijtihâd proposed by Qadri Azizy has some characteristics, they are supple, fair, elastic, dynamic and adaptive to the world of science at this moment , and all of that are viewed as law principle which is valid for references, both for current period and the future.