Islam as a religion has a law discussion device that gives the scholars of Islamic law an independence to create and find exact solution for any facing problem. Specifically, this independence is given to those whom are called mujtahid, people who are capable in observing, renovating, deciding, and also interpret law.
Islam has a means of observation and law research which is known as Ijtihad. Later, the results of both observation and research are informatively formed in Fatwa. However, ijtihad and fatwa cannot be separated from the cultural influence as a background of it. This is the reason why ijtihad, fatwa, and culture become related to each other. The discussion of Islamic Law is not freely discharged from ijtihad as a process. Moreover, the person who is applied Ijtihad must be professionally knowledgeable about the exact problem background in order to solve it. The whole knowledge must be derived from Islamic legal sources, the Qur’an and the As-Sunnah. As a consequence, the synergy of ijtihad as a process, making legal decision to be fatwa, as well as cultural development factor is needed in formulating divine law. The product of ijtihad which is informed as a fatwa will naturally change and develop along with the development of culture. This is depicted in a familiar quotation of the Islamic law, “The change of law depends on how times, spaces, customs, also cultures change”. Ijtihad is applied in order to find the right way to solve problems as well as to find advantages in every new event that are happened due to the development of social culture. This proves the elasticity of Islamic law in facing towards the problems when it presently occurs. The past law will not the same as the present. Therefore, the exploration of problem should be done through a good process of ijtihad so that the divine law can be revealed.
Title: Ijtihad, Fatwa, and Culture; Study Of Uṣūl al-Fiqh on Islamic Law Elasticity
Author(s): Fauzan Muhammadi
Published in: International Conference and Seminar on Cross Culture Understanding
Length: 7 page