| Summary: | As one of the principles in the sources of Islamic jurisprudence
methodology, al-isla>m s}a>lih li kulli zama>n wa maka>n (Islam is relevant with
every age and place) indicates that fiqh (Islamic jurisprudence) should be
relevant with tempus and locus. Thus, it is expected that there will be no
ineffective law in daily life of Muslim society as the ultimate goal of Islamic law
(maqa>s}id al-fiqh al-isla>mi ) proposes i.e. bringing virtues and preventing evils.
Based on the principle above, the object of this research is ijtihad
methodology conceptualized by al-Qarad}a>wi which is claimed as one of the
prominent contemporary methodology of ijtihad. There are two issues that I
scrutinize in this research: 1). How does al-Qarad}a>wi construct his ijtihad
methodology. 2). How are the concept of maslahah and maqa>s}id practiced by al-
Qarad}a>wi as an approach to conceptualize his ijtihad methodology. By doing so,
it can be known ijtihad methodology constructed by al-Qarad}a>wi and the
typology of his reformed thoughts on Islamic jurisprudence and sources
methodology of Islamic jurisprudence (fiqh al-isla>mi wa us}u>l al-fiqh al-isla>mi) to
respond to the contemporary problems in Islamic jurisprudence and in the
dynamic thoughts of Islamic jurisprudence.
Methodologically, the data sources of this research are collected from
books, documents, information, and relevant sources on al-Qarad}a>wi�s thouhgts.
They are taken from the primary sources i.e. al-Qarad}a>wi�s works and from the
secondary sources related to the topic such as articles, papers, and academic
works written by scholars. Thus, this research is a library research by inventaring
sources related to the topic, exploring them, and analyzing them comparatively
and critically based on philosophical approach and islamic principles on islamic
law.
Based on the analysis, there are three important points as the conclusion
of the research. The first is that contemporary ijtihad methodology constructed
by al-Qarad}a>wi actually is a modified ijtihad methodology conceptualized by the
previous islamic scholars such as al-Ghaza>li, al-Iz, and as-Sya>t}ibi especially on
the issue of maslahah and maqa>s}id syari>�ah. The second is that al-Qarad}a>wi has
not only modified terminology such as ijtiha>d intiqa>�i/tarji>hi, ijtiha>d
insya>�i/ibda>�i, and taqni>n al-fiqh based on ijtiha>d jama>�i, but also conceptualized
some new formulations. The third is that al-Qarad}a>wi is categorized as the
follower of moderate school in which he could integralize between nas}
(revelation) and wa>qi� (reality) based on maslahah andmaqa>s}id.
However, al-Qaradawi as well as at-Tufi is still under the authority of
text on the area of muqaddarat and jinayah, while in the area of muamalah,
politics, and culture, he tends to use the approach of maslahah and maqasid like
as-Syatibi does. For example, women are pleased to run their carriers in public
area such as in politics, a non-muslim are permitted to be a public leader,
muslims are able to come to non-mulims� party and to give greetings to them, a
death sentence for a tyrant leader, it is permitted to divide inheritance for nonmuslim
family, and so forth.
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