Jurnal Kajian Hukum dan Sosial
Vol 5 No 1 (2008)

Ijtihad Istinbati dan Tatbiqi

Syabbul Bachri (IAIN Sunan Ampel Surabaya)



Article Info

Publish Date
12 Apr 2025

Abstract

This study aims to examine the concept of ijtihad istinbati and ijtihad tatbiqi in the context of Islamic law development that is adaptive to social reality. Ijtihad istinbati focuses on determining the law based on shar'i principles, while ijtihad tatbiqi emphasizes the application of the law in the actual context. This study uses a qualitative method with a literature review approach, examining classical and contemporary works of ushul fiqh that discuss the dynamics of ijtihad. The results show that the integration of the two types of ijtihad is very important in answering modern legal issues. Ijtihad istinbati provides a normative foundation, while ijtihad tatbiqi guarantees the relevance of the law to changing social conditions. This study emphasizes that the balance between text and context is key in developing Islamic law that is responsive and solution-oriented to the challenges of the times.

Copyrights © 2008






Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...