Metodologi Hukum Islam Abd al-Ḥalîm Maḥmûd

Abstract

This article discusses the concept of ijtihâd (legal reasoning) and the typology of legal thought of Abd al-Ḥalîm Maḥmûd. According to Maḥmûd, 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 istinbât?, the object of which is the texts of the Qurân 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 Qurân, 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. Mahm?d 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. Mahm?d also gives an emphasis on the integration between nass (text) and maqâsid al-sharîah (the objectives of law).