M Menakar Batas Ijtihad: Antara Qath'i dan Dzanni Dalam Prespektif Ijtihad Maqasid

Measuring the Limits of Ijtihad: Between Qat‘i and Zanni in the Perspective of Maqasid-Based Ijtihad

Abstract

This study aims to analyze the boundaries of ijtihad in Islamic law through the distinction between qath’i and dzanni evidences from the perspective of maqāṣid al-sharī‘ah. The background of this research is based on the existence of extreme tendencies in the practice of ijtihad, either by excessively restricting or overly liberalizing its scope without considering the normative boundaries of the sharia. This research employs a normative legal method with a qualitative approach based on library research, using the work of Nuruddin al-Khadimi in al-Ijtihad al-Maqasidi as the primary reference.

The results show that qath’i evidences constitute a closed domain that does not allow modification through ijtihad, whereas dzanni evidences represent an open domain that enables legal development in accordance with social needs and contextual changes. From the perspective of maqāṣid al-sharī‘ah, ijtihad must be oriented toward legitimate public interest (maṣlaḥah) without violating the fundamental principles of Islamic law. The maqāṣid-based approach functions as a framework to balance between the aspects of permanence (tsawābit) and flexibility (mutaghayyirāt), ensuring that Islamic law remains relevant and adaptive.

Therefore, this study emphasizes that determining the boundaries of ijtihad is essential to maintain a balance between legal certainty and social dynamics, as well as to ensure that ijtihad remains within the framework of sharia and its objectives.