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AL-'ARE: e-ISSN: 2503-1473

Journal of Sharia and Islamic Law Vol. 5, No. 1, June 2020, 79-94

METHODOLOGY OF ISLAMIC STUDY

(A Study of Ali Jum'ah's Thoughts on the Problems of Mu'amalat Maliyyah
Mu'asirah)

Miftahul Ulum
STAI Syaichona Moh. Cholil Bangkalan E-
mail:miftahul_ulum2001@yahoo.com

Dawn
Al-Anwar College of Islamic Economics and Business (STEBIA) Bangkalan
E-mail: Jauharihasyim93@gmail.com

ABSTRACT
The method used by Ali Jum'ah in conducting ijtihad is basically not much different
from the method used by previous scholars and scholars of the present, namely by using the
method of ijtihad bayani, qiyasi and istislahi and Intiqa'i. Ali Jum'ah is of the opinion that in
obeying there are four phases that must be passed by a mufti namely the description of the
problem, the phase of matching the problem, the phase in explaining the law and the phasing
phase. In conducting ijtihad, the most dominant method used in matters relating to
contemporary financial transactions is the ijtihad istislahi method. The method of ijtihad
istislahi became dominant because new problems that arose there were no explanations in the
Qur'an or hadith and also could not be done qiyas. Most of the fatwas of Ali Jum' ah are
relevant to current conditions. However, there are still irrelevant edicts, namely edicts
regarding the permissibility of buying and selling liquor in non-Muslim countries.
Keywords: Methodology, Ijtihad, Problems, Muamalah

ABSTRACT
The method used by Ali Jum'ah in conducting ijtihad is basically not much different
from the method used by previous scholars and contemporary scholars, namely by using the
bayani ijtihad, qiyasi and istislahi and Intiqa'i methods. Ali Jum'ah argues that in giving a fatwa
there are four phases that must be passed by a mufti, namely the problem description phase (
‫)ﻣﺮﺣﻞ ﺍﻟﺘﺼﻮﺭ‬, the problem matching phase (‫)ﻣﺮﺣﻞ ﺍﻟﺘﻜﻴﻴﻒ‬, the phase in explaining the law (‫ﺍﻟﺤﻜﻢ‬
‫ )ﻣﺮﺣﻞ ﺑﻴﺎﻥ‬and the fatwa phase (‫)ﺍﺇﻟﻔﺘﺎء ﻣﺮﺣﻠﺔ‬. . In conducting ijtihad, the most dominant method
used in matters relating to contemporary financial transactions is the ijtihad istislahi method.
The ijtihad istislahi method becomes dominant because new problems that arise are not
explained in the Qur'an or hadith and cannot be done qiyas. Most of Ali Jum'ah's fatwas are
relevant to current conditions. However, there is still an irrelevant fatwa, namely a fatwa
regarding the permissibility of buying and selling liquor in non-Muslim countries.

Keywords: Methodology, Ijtihad, Problems, Muamalah

PRELIMINARY

Business or in cool terms in Arabic known as muamalat maliyah is a problem

that often arises in the Muslim community. Islam should have provided guidelines in
all lines of life, including those relating to business and economic issues, both implied
and explicit in the Qur'an and al-Hadith. However, if the terms

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the law cannot be found from the two sources of law, then the possible alternative
way is by ijtihad1, it's just that not everyone is able and eligible to ijtihad or fatwa
because there are various requirements that are quite strict as one of the criteria to
become a mujtahid, including having to understand the Qur'an and many hadiths and
their meanings, be able to understand the rules of fiqhiyyah, the rules of ushuliyyah,
and understand the rules and terms in Arabic.

One of the contemporary scholars who has bright ideas and ideas in efforts to
foster Islamic law along with the passage of time and the development of the times is
Ali Jum'ah Muhammad bin Abdul Wahhab, hereinafter referred to as Ali Jum'ah. Ali
Jum'ah is a formergrand mufti
Arab Republic of Egypt he served as grand mufti for ten years from 2003 to 2013.2
Besides being grand mufti The Arab Republic of Egypt Ali Jum'ah has also been a
member of the Islamic research association from 2004 to the present, he is also a
professor of Usul Fiqh in the Islamic and Arabic learning study program at al-Azhar
University as well as a member of the Islamic jurisprudence congress in India and
secretary general the clergy's fluttering association'. In the light of Islamic thought
and da'wah, Ali Jum'ah's actions are in an important position in the contemporary
Islamic movement. Through the works that he has created, Ali Jum'ah is widely known
in the Islamic world, among the works related to methods of ijtihad are:Aliyatu al-
Ijtihad,3 the science of ushuli al-fiqhi wa alaqatuhu bi al-falsafah al-Islamiyyah,4
Ta'arudh al-aqyasah inda ushuliyyin and so forth.

1 Miftahul Ulum, "Understanding the Philosophical Basis of Islamic Economic Law", 'Anil Islam, Vol. 10, No. 1
(June, 2017), 79.
2 Apart from being a mufti, Ali Jum'ah is also a Muslim figure who has contributed a lot to the
international Muslim world. Currently Ali Jm'ah has been named among the 500 most
influential Muslim figures in the world and occupies the 20th position under Muhammadu
Buhari as the president of Nigeria who is at number 19. The Muslim 500: The World's 500 Most
Influential Muslims 2019 (Dabuq: The Royal Islamic Strategic Studies Centre,
2019), p. 62. and was in tenth place in 2009. The 500 Most Influential Muslims 2009 (Dabuq:
The Royal Islamic Strategic Studies Centre, 2009), 40.
3 In this book Ali Jum'ah discusses the procedures for ijtihad and the conditions that must be

met by someone who wants to become a mujtahid. Ali Jum'ah Muhammad,Aliyatu al-Ijtihad (
Cairo: Dar ar-Risalah, 2004).
4 This book that examines the relationship between ushul fiqh and Islamic philosophy, in

addition to explaining the relationship between the two, also discusses the steps that must be
taken by a mujtahid before ijtihad and determining a law. Ali Jum'ah Muhammad,The Science
of Ushulu al-Fiqh Waalaqatuhu bi al-Falsafah al-Islamiyyah (Cairo: al-Ma'had al Alami li al-Fiqh
al-Islami, 1996).

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At the time of becoming a mufti, Ali Jum'ah had issued a lot of fatwas both
related to worship or religion mu'amalah which was then compiled and published in
the form of a book with the title al-Kalim at Thayyib-Fatawa Asriyyah.5

In matters relating to financial transactions

contemporary Ali Jum'ah has issued fifty-two fatwas.6
Even though the fatwa has a non-binding nature, even the one who asks for it, the
fatwa still has a big impact on people's lives. In fact, fatwas are sometimes used as a
reference by certain business institutions in running their business, especially if the
one who issued the fatwa is amufti Egypt is not infrequently the fatwa is used as a
reference by fatwa institutions in the world. In other words, even though it is not
binding on a fatwa, it still has a very large influence.

However, the fatwa products produced by Ali Jum'ah often contradicted the
fatwa products produced by other scholars and even differed from the results of
Majma' Fiqh al-Islami. Among the fatwas that are controversial among scholars are
the fatwas on insurance,7 Bank interest8,
buying and selling liquor and so on. Regarding Insurance, Ali Jum'ah is of the opinion
that all types of insurance are legal and are a primary need for social life. This fatwa is
completely contrary to the fatwaMajma' Fiqh al-Islami9 and also the majority of
scholars today so that this

5 The book above consists of two volumes, in the first volume, there are 309 fatwas and in the second
volume there are 276 fatwas. Ali Jum'ah Muhammadal-Kalim at-Tayyib-Fatawa asriyyah
(Cairo: Dar as-Salam, 2013).
6 Ali Jum'ah Muhammad, al-Kalim at-Tayyib-Fatawa asriyyah, (Cairo: Dar as-Salam, 2013).

7 With regard to insurance, scholars are divided into three groups, namely groups that allow all

types of insurance, groups that forbid all types of insurance and groups that allow all types of
insurance. Among the clergy who justify insurance in its entirety are Mustafa Ahmad az-Zarqa'
and Muhammad al-Bahi. The scholars who forbid all forms and types of insurance include
Muhammad Isa Abduh and Yusuf al-Qardawi, while those who only allow insurance under
certain conditions include Abu Zahrah and Husain Husain Syahatah. Apart from the ikhtilaf of
the scholars, Ali Jum'ah is of the opinion that insurance is primary.

8 Regarding the legal issue of bank interest, basically it is not much different from insurance
law, but nowadays more scholars consider bank interest as something that is forbidden and
equated with usury.
9 Decision Majma' al-Fiqh al-Islami (The Fiqh Ulama Association) issued a fatwa that the only

insurance that is allowed is social insurance and forbids it

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makes the author interested in studying more deeply about how the istinbat method
used by Ali Jum'ah to produce a product in the form of a fatwa.

ABOUT ALI JUM'AH AT A GLANCE

Ali Jum'ah's full name is Ab Ubadah Nūr ad-Dīn 'Ali bin Jum'ah bin Muḥammad
bin Abdul Wahhab bin Sālim bin Abdullah bin Sulaiman, al-Azhari ashSyāfi'i,10 was born
in Bani Suef City on Monday 7 Jumadal Akhir 1371 H coincided with March 3, 1952 AD.
Ali Jum'ah was born into a respectable family, his mother was Fatiyah Hānim bint 'Ali
bin 'Aid11, a woman who is known to have good morals, always maintains prayers and
fasts since she enters puberty. His mother died praying to him about knowledge and
goodness. His father was Jum'ah bin Muḥammad bin Abd al-Wahhab,12 a jurist
graduated from the Faculty of Law, Cairo University.

Ali Jum'ah was raised in the education of his parents, he was taught about
knowledge and piety, taught morals and nobility. Since childhood, he has been
accustomed to the many books in his father's library, until now many of his father's
inherited books are still well preserved in his personal library. Currently Ali Jum'ah has
three daughters.13

Ali Jum'ah began his intellectual journey at the age of five and received his
madrasah ibtidaiyah diploma in 1963 and then his madrasah tsanawiyah diploma in
1966 in the city of Bani Suef. It was there that Ali Jum'ah memorized the Qur'an to
several sheikhs until it was completed in 1969. After completing the madrasah
tsanawiyah in 1966, he moved to Cairo City with his older sister who entered the
Faculty of Architecture at the University of Cairo. Young 'Ali Jum'ah completed his
madrasah aliyah education in

commercial insurance. Husain Husain Shahatah,Nuzumu at-Ta'min al-Mu'asirah Fi Mizani ash-

Shari'ah al-Islamiyya, (Cairo: Dar an-Nasyr Li al-Jami'at, 2005), 17-32.
10Osama as-Sayyid Mahmud al-Azhari, Asanid al-Misriyyin (Cairo: Dar al-Fikr, 2011), 539.

11 Born in Bandar Bani Suef on 3 Jumadill Akhir 1335 H coinciding with 24 April 1917 AD See

Wan Khairuddin, Sheikh Ali Jum'ah Fatwa Method, 32.

12Jum'ah bin Muhammad was born in the village of Tansa on the 25th of Ramadan 133 H, 7

August 1915 and died on Monday 16 Rabi'ul Akhir 1408 H, 7 December 1987
M. Who is known as an expert in jurisprudence in the field of Ahwal as-Shakhsiah. Ibid,.
13 Ulya Hilmah, Ali Jum'ah's Fatwa Analysis Study, 36.

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1969. Then entered the University of 'Ain Shams and earned a bachelor's degree at
the Faculty of Commerce in May 1973 at the age of 21 years.14

After obtaining a bachelor's degree, Ali Jum'ah then continued his studies at al-
Azhar University, where Ali Jum'ah met with teachers and
masyaykh. To the teachers and masyayikh In this he memorized various books of basic

sciences, such as the book of Tuḥfatul atfal in the Science of Tajweed, the book Alfiyah Ibn Malik

in Nahwu Science, the book al-Rahabiyah in inheritance, books al-Ghayah wa al-

Taqri>b in Jurisprudence, al-Manzumah al-Bayquniyyah in Mustalah Hadith Science,
and several other basic sciences which became his stepping stone in stepping to a
higher level.15

Ali Jum'ah earned a bachelor's degree (license) from the Faculty of Dirasat
Islamiyah wa al-'Arabiyah, al-Azhar University, Cairo in 1979. Then he continued his
education at the Postgraduate Program at al-Azhar University in Cairo at the Syari'ah
wa al-Qanun Faculty with the specifications of fiqh proposals until he obtained a
Master's degree in 1985 with rating Cum laude. Then he got a Doctorate in the same
field from the same university in 1988 with a rank of Summa Cum Laude this is also
proof that Ali Jum'ah did have extraordinary intelligence. In addition, he always
attended the majlis of knowledge at the al-Azhar mosque to study various branches of
knowledge from the recitation there.16

ALI JUM'AH'S WORKS

Ali Jum'ah is a scholar who is very productive in writing and producing a work,
this can be proven by the large number of existing writings in the form of books,
journals or magazines. Based on the results of tracking and research, the author
found as many as eighty-nine works. Of the eighty-nine works, most of them are
books on fiqh proposals17 this is a concrete proof of his title as a professor of fiqh
proposals. From all these works, the writer can group them into:

14 Al-Azhari, Asanid al-Misriyyin, 541.

15 Ulya Hilmah, Ali Jum'ah's Fatwa Analysis Study, 38.
16 Ibid., 39.
17 Ibid., 39.

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several parts, namely: works in the form of books, encyclopedias, tahqi>q and in the
form of papers.18

In the following, the author will describe some of Ali Jum'ah's works: Al-Kutub al-Mukawwanah li al-Fikri al-Islami

(asSunni), Amnu al-Mujtama' wa Istiqraruhu min Manzuri al-Islami, Al-Musawah al-Insaniyyah fi al-Islam baina an-Nazariyyah wa

at-Tatbiq, Al-Bayan Five Yusyghilu alAdhan, Man Nabiyyuka?! Huwa Sayyiduna Muhammad al-Mustafa Salla Allahu Alaihi

Wasallam, Majmuatu al-Fatawa al-Muassalah, Majlidat Fatawa al-Ustad ad-Duktur Ali Jum'ah Khilala Farati Tauliyati From al-Ifta al-

Misriyyah, Al-Hajju wa al-Umratu Asrarun wa Ahkamun, Al-Jihad fi al-Islam, Ad-Din wa al-Hayah Fatawa Mu'asirah, Al-Fatawa ar-

Ramdaniyyah, Al-Fata al-Asriyyah li al-Mufti ad-Diyar al-Misriyyah, Fatawa an- Nisa', Fatawa al-Mar'ah al-Muslimah, Al-Kalim at-

Tayyib Fatawa Asriyyah, Fatawa Muhammad Abduh, Al-Isti'dad liramadan, Ad-Du'a' wa ad-Dzikr, Hakimu al-Hubbu, At -Tariq ila at-

Amnu al-Mujtama' wa Istiqraruhu min Manzuri al-Islami, Al-Musawah al-Insaniyyah fi al-Islam baina an-Nazariyyah wa at-Tatbiq,

Al-Bayan Lima Yusyghilu alAdhan, Man Nabiyyuka?! Huwa Sayyiduna Muhammad al-Mustafa Salla Allahu Alaihi Wasallam,

Majmuatu al-Fatawa al-Muassalah, Majlidat Fatawa al-Ustad ad-Duktur Ali Jum'ah Khilala Farati Tauliyati From al-Ifta al-Misriyyah,

Al-Hajju wa al-Umratu Asrarun wa Ahkamun, Al-Jihad fi al-Islam, Ad-Din wa al-Hayah Fatawa Mu'asirah, Al-Fatawa ar-

Ramdaniyyah, Al-Fata al-Asriyyah li al-Mufti ad-Diyar al-Misriyyah, Fatawa an- Nisa', Fatawa al-Mar'ah al-Muslimah, Al-Kalim at-

Tayyib Fatawa Asriyyah, Fatawa Muhammad Abduh, Al-Isti'dad liramadan, Ad-Du'a' wa ad-Dhikr, Hakimu al-Hubbu, At -Tariq ila

at- Amnu al-Mujtama' wa Istiqraruhu min Manzuri al-Islami, Al-Musawah al-Insaniyyah fi al-Islam baina an-Nazariyyah wa at-

Tatbiq, Al-Bayan Lima Yusyghilu alAdhan, Man Nabiyyuka?! Huwa Sayyiduna Muhammad al-Mustafa Salla Allahu Alaihi Wasallam,

Majmuatu al-Fatawa al-Muassalah, Majlidat Fatawa al-Ustad ad-Duktur Ali Jum'ah Khilala Farati Tauliyati From al-Ifta al-Misriyyah,

Al-Hajju wa al-Umratu Asrarun wa Ahkamun, Al-Jihad fi al-Islam, Ad-Din wa al-Hayah Fatawa Mu'asirah, Al-Fatawa ar-

Ramdaniyyah, Al-Fata al-Asriyyah li al-Mufti ad-Diyar al-Misriyyah, Fatawa an- Nisa', Fatawa al-Mar'ah al-Muslimah, Al-Kalim at-

Tayyib Fatawa Asriyyah, Fatawa Muhammad Abduh, Al-Isti'dad liramadan, Ad-Du'a' wa ad-Dhikr, Hakimu al-Hubbu, At -Tariq ila

at- Man Nabiyyuka?! Huwa Sayyiduna Muhammad al-Mustafa Salla Allahu Alaihi Wasallam, Majmuatu al-Fatawa al-Muassalah,

Majlidat Fatawa al-Ustad ad-Duktur Ali Jum'ah Khilala Farati Tauliyati From al-Ifta al-Misriyyah, Al-Hajju wa al-Umratu Asrarun wa

Ahkamun, Al-Jihad fi al-Islam, Ad-Din wa al-Hayah Fatawa Mu'asirah, Al-Fatawa ar-Ramdaniyyah, Al-Fata al-Asriyyah li al-Mufti ad-

Diyar al-Misriyyah, Fatawa an- Nisa', Fatawa al-Mar'ah al-Muslimah, Al-Kalim at-Tayyib Fatawa Asriyyah, Fatawa Muhammad

Abduh, Al-Isti'dad liramadan, Ad-Du'a' wa ad-Dzikr, Hakimu al-Hubbu, At -Tariq ila at- Man Nabiyyuka?! Huwa Sayyiduna

Muhammad al-Mustafa Salla Allahu Alaihi Wasallam, Majmuatu al-Fatawa al-Muassalah, Majlidat Fatawa al-Ustad ad-Duktur Ali

Jum'ah Khilala Farati Tauliyati From al-Ifta al-Misriyyah, Al-Hajju wa al-Umratu Asrarun wa Ahkamun, Al-Jihad fi al-Islam, Ad-Din

wa al-Hayah Fatawa Mu'asirah, Al-Fatawa ar-Ramdaniyyah, Al-Fata al-Asriyyah li al-Mufti ad-Diyar al-Misriyyah, Fatawa an- Nisa',

Fatawa al-Mar'ah al-Muslimah, Al-Kalim at-Tayyib Fatawa Asriyyah, Fatawa Muhammad Abduh, Al-Isti'dad liramadan, Ad-Du'a' wa

ad-Dhikr, Hakimu al-Hubbu, At -Tariq ila at-

18 Ali Jum'ah, al-Kalim at-Tayyib Fatawa Asriyyah, cet. 2nd (Cairo: Dar as-Salam, 2010), 419.

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Turas al-Islami, Muhadaratun fi Fiqhi as-Sufi li Ahkami ash-Shari'ah, Qadaya al-Mar'ah

fi Fiqhi al-Islami, Waqala al-Imam.......al-Mabadi' al-Uzma, Binau al-Mafahim Dirasatun
Marifiyyah wa Namadaj Tatbiqiyyah, Haqaiqu al-Islam fi Mufaceati Syubhatu al-
Musyakkikin, Al-Amwal li Abi Ja'far Ahmad ibn Nasr ad-Dawudi, Rasailu Ibn Nujaim al-
Iqtisadiyyah al-Musammatu al-Hanafiyyah al-Zinifiyyah a , Qanunu al-Adli wa al-Insaf fi
al-Qada' ala Musykilati al-Awqaf. The truth of Islam and Misconceptions about Islam,
In search For Acommon Word, Responding from the Tradition, The Epistemology of
Excellence A Journey into the Life and Thoughts of the Grand Mufti of Egypt,
environment_franch, Al-Mausuah al-Islamiyyah al-Ammah, Al-Mausuah al-Qur'aniyyah
al-Mutakhassisah, Mausebuah at-tasyri' al-Islami, Maua al-Fikri al-Islami,19

ALI JUM'AH THOUGHT POINTS ON IJTIHAD

Ali Jum'ah is a scholar who explicitly states that the door of ijtihad will never be
closed and will continue to be open at any time. In fact, he also stated that ijtihad
does not have a door that can be opened and closed. This statement was conveyed
when filling a program on a television channel in Egypt on the ‫ ﻭﻫﻠﻼ ﺃﻋﻞ‬program as
follows:20

‫ ﻭﺍﺍﻟﺠﺘﻬﺎ ﻝ ﻝ ﺑﺎ‬,‫ﺑﺎ ﺍﺍﻟﺠﺘﻬﺎ ﺍﺍﻟﺤﻜﺎ ﺍﻝ ﺳﻴﻈﻞ ﻣﻔﺘﻮﺣﺎ ﻝ ﺍﻟﻘﻴﺎﻣﺔ‬

‫ﻳﻐﻞ‬
In Ali Jum'ah's view, there are at least two reasons why ijtihad is absolutely
necessary, these two reasons are: first, existence of nas-

19 All of Ali Jum'ah's works above can be accessed on the official website, namely.
www.draligomaa.com.
20 “Walla>hu A'lam| Ali Jum'ah: al-Ijtihad scientist Ilhiyyun layumkinu liahadin Guliqa Babuhu"

http://www.youtube.com/cbcegypt, Access November 12, 2019.

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text that is still zanni (‫) ﺍﻝ‬, according to Ali Jum'ah there are texts that are still zanni
This is a wisdom or wisdom of Allah SWT. Where God makes problems that are not the
main orfuru' as a place for ijtihad, giving breadth to the ummah and this is something
that is common because of the end of the prophetic message and also because the
message that was sent down is global.21

Second: the texts that exist in both the Qur'an and hadith are very limited
while the problems in life are not limited22 ( ,‫)ﻭﺍﻟﻮﻗﺎ ﺍﻟﺤﻮﺍ ﺍﻝ‬

In different meetings and events, Ali Jum'ah not only stated the importance of
an ijtihad, but he also stated that there was a need for reform in fiqh while continuing
to realize maqasid ash-shari'ah without having to exceed the limit and leave the text
that is qat'i. The original text of the statement is as follows:23

‫ﻣﻘﺎ ﺍﻝ ﺍﻝ ﻏﻴﺮ ﺍﻝ ﺍﻝ ﻭﻣﻦ ﻏﻴﺮ ﻫﻮﻳﺘﻨﺎ ﻋﺼﺮﻧﺎ ﺍﻝ ﻧﻌﻴﺶ ﺍﻟﺤﺎ ﻟﻞ ﺍﻟﻮﺍ ﺍﻝ ﺣﻮﻟﻨﺎ‬

‫ ﺍﻟﺘﻔﺎﻋﻞ ﺍﻝ‬،‫ﺗﺨﻞ ﻣﻮﺍ ﻋﺼﺮﻧﺎ‬

In ijtihad, the method used by Ali Jum'ah is basically not much different from
the ijtihad methods used by other scholars at this time, namely by looking at the texts
in the Qur'an, hadith, ijma' and
qiyas24 as well as selecting or seeking the opinions of previous scholars contained in
the books of the four Sunni schools of thought, namely, Hanafiah, Malikiah,
Shafi'iyyah and Hanabilah. The four schools of thought are the schools that are
followed by some Muslims in the world both in matters of

Ali Jum'ah, Aliyyatu al-Ijtihad, 10.

21

According to the narration of Imam Hafs, as quoted by Ali Jum'ah that the verses in the
22

Qur'an numbered 6236. As for the verses that discuss the law (ahkam verses)
only 500 verses.
23 Ibid.

24 According to Ali Jum'ah, there are only four sources of Islamic law agreed upon by the

scholars, namely the Qur'an, Hadith, Ijma' and qiyas. See Ali Jum'ah, al-Madkhal ila Dirasati al-
Mazahib al-Fiqhiyyah, p.282. With regard to Ijma' according to Ali Jum'ah at the present time it
is still possible to do ijma', namely by gathering all the mujtahids around the world and
gathering in certain places and discussing new problems whose laws have not been explained
by previous scholars.Ibid., 386.

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which are proposed or furu, the schools are the Ja'fariyyah, Zaidiyyah and 'Ibadiyyah
schools. Even under certain conditions, sometimes Ali Jum'ah prefers the opinion of
the last three schools of thought as mentioned above, this is done solely to realize
maqasid ash-Shari'ah and to realize the common good.25 In Yusuf al-Qardhawi's terms,
this method is called al-Ijtihad al-Intiqa'i.

According to Ali Jum'ah, the use of the above method is a method that is
relevant today, even in carrying out reforms in the field of fiqh and fatwas, according
to Ali Jum'ah, it must begin by looking at the turas
(inheritance / legacy) of the previous scholars. With regard to the method in choosing
the opinions of scholars at this time, there have been many works that discuss the
rules or provisions in choosing the opinions of these scholars. Among the books that
specifically address this issue is the book written byDar al-Ifta' Egypt with the title
Dawabit al-Ikhtiyar al-Fiqh Inda an-Nawazil.
26 then the book by al-Qahtani entitled Manhaj Istinbat al-Ahkam an Nawazil al-

Fiqhiyyah al-Mu'asirah.27

Based on the explanation above, it can be said that Ali Jum'ah is a mufti who is
not at all tied to certain schools or in other words he is not the type of scholar who is
fanatical to certain schools of thought, let alone adhere to certain scholars. However,
he is a mufti who is cross-mazhab, this cannot be separated from the role and
influence of his teachers who have different school backgrounds.28

25 "Usus al-Iktiyar al-Fiqhi" https://yuotu.be/vKDV4d0fuMg, access October 30, 2019.

26 see Dar al-Ifta', Dawabit al-Ikhtiar al-Fiqh Inda an-Nawazil (Cairo: Dar al-Kutub, 2013).
27 See al-Qahtani, Manhaj Istinbat al-Ahkam an-Nawazil al-Fiqhiyyah al-Mu'asirah (Jeddah : Da>r
al-Andalus al-Khadra', 2003).
28 In Indonesia, the application of the ijtihad method with the pattern or form as described

above has often been carried out by the Indonesian Ulema Council. See M. Cholil Nafis,Sharia
Economic Law Theory, (Jakarta: UI Press, 2011). M. Atho'Mudhar,Fatwas of the Indonesian
Ulema Council: A Study of Islamic Legal Thought in Indonesia 1975-1988 (Jakarta: INIS, 1993).

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Furthermore, according to Ali Jum'ah, in selecting the opinion of the scholars,29

There are several provisions that must be considered before the fatwa is issued.
These provisions are:
1. Opinions taken must not conflict with maqasid ash-shari'ah.
2. The fatwa must be relevant to the condition of the community at the time the fatwa is

issued.

3. The fatwa must pay attention to the general benefit, not the individual benefit.30

4. Adhering to the principle of convenience.

According to Ali Jum'ah, a mujtahid or mufti must go through four stages before
issuing a fatwa31 The four stages are:
1. The stage of describing / describing the problem (‫ﺍﻟﺘﺼﻮﺭ‬/‫)ﻣﺮﺣﻞ ﺍﻟﺘﺼﻮﻳﺮ‬

According to Ali Jum'ah, one of the important principles in giving a fatwa is to

describe the problems posed by mustafti (person requesting a fatwa). This is done so
that a mufti first understands the questions asked to him.32 In line with Ali Jum'ah Ibn
S}alah also argues that the first step a mufti must take before issuing a fatwa is to
describe it first. The description according to Ibn Salah must be done perfectly. A
mufti must know in advance the ins and outs of the proposed problem.33 Example: if a
mufti is asked about the law credit card then the first task of a mufti is to understand
all the things that exist on the credit card starting from how it is made, the circulation
of money in it, how to use and issue it by the bank and how the bank pays money at
shops purchased by customers using a credit card. the.

29 In terms of fiqh, the process of selecting the opinions of previous scholars is called
ikhtiyar al-Fiqhi. As for what is meant by ikhtiyar al-Fiqhi are: ‫ ﺍﻝ ﻗﻮﺍﻝ ﺍﺍﻟﻘﻮﺍﻝ ﺍﺍﻝ ﺃﺻﺤﺎ ﺇﺟﺘﻬﺎ ﺍﻝ ﻝ‬,‫ﻓﻴﻬﺎ‬
‫ﺍﻟﻤﺬﺍ ﺍﻝ ﺍﻝ ﺍﻟﺼﺤﻴﺢ ﺍﻟﻤﺴﺎئﻞ ﺍﻟﻤﺨﺘﻞ‬

30 "Usus al-Iktiyar al-Fiqhi" https://yuotu.be/vKDV4d0fuMg, access October 30, 2019.

32 Ali Jum'ah, Aliyyatu al-Ijtihad, p. 75. See Also Ali Jum'ah,al-Kalim at-Tayyib Fatawa Asriyyah, on
the muqaddimah.
33 Ibn Salah, Adabu al-Mufti wa al-Mustafti, 100.

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2. Adjustment/matching stage (‫ )ﻣﺮﺣﻞ ﺍﻟﺘﻜﻴﻴﻒ‬As for

what is meant by at-takyif is:
‫ﺇﻟﺤﺎ ﺍﻝ ﺍﻟﻤﺴﺆﻭﻝ ﻋﻨﻬﺎ ﺑﻤﺎ ﻳﻨﺎﺳﺒﻬﺎ ﺃﺑﻮﺍ ﺍﻝ ﻭﻣﺴﺎئﻞ‬
Meaning: matching the description of the problem or problem asked by a
person mustafti with the problems that exist in the books of fiqh After having
a perfect picture of the problems at hand, and understanding the details of the
problems proposed, the next step that must be done by a mufti is to find a match or
match between the problems faced and the problems in the fiqh chapter. .

3. Legal explanation stage (‫)ﻣﺮﺣﻞ ﺑﻴﺎ ﺍﻟﺤﻜﻢ‬

At this stage a mufti conducts a study of the texts both in the Qur'an, hadith,
ijma' and qiyas or some other argument. In this stage a mufti must understand
dalalah or instructions from the relevant verse or hadith, understanding the root
word and its context in Arabic and knowing various methods of taking the law. As in
the example above regarding the use of credit cards which are included in the
category of debt transfer, then a mufti must examine the arguments related to this
chapter.

4. The stage of giving a fatwa (‫)ﻣﺮﺣﻞ ﺍﺇﻟﻔﺘﺎء‬.

After knowing the law from the questions asked, at this stage a mufti applies
the law by taking into account the context or in other words the law must be adapted
to the context. Because a fatwa must be relevant to the time, place and circumstances
at the time the fatwa is issued on condition that it does not conflict with the objectives
of the Shari'ah, does not conflict with the texts.qat'i, does not contradict the agreed
ijma' and does not conflict with the existing fiqh rules. If the fatwa issued contradicts
the four things mentioned above, a mufti must revise his fatwa so that it no longer
contradicts these four things.34

Based on the explanation above, it can be concluded that in ijtihad Ali Jum'ah
was not only focused on the text dzahir nas but Ali Jum'ah also always considers the
context in other words, in ijtihad changes in time,

34 Ibn Salah, Adabu al-Mufti wa al-Mustafti, 100.

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Place, customs must also be taken into consideration, and sometimes these three
aspects are prioritized in giving a fatwa.

ALI JUM'AH'S FATWAS CONCERNING MU'AMALAT MALIYYAH MU'ASIRAH AND HIS

IJTIHAD METHOD
1. Buying and Selling Foreign Currency

According to Ali Jum'ah, it is legal to buy and sell foreign currencies on condition
that the amount must be the same. However, if the amount is different then the law is
haram. The ijtihad method used by Ali Jum'ah in this problem is the ijtihad method
ta'lili or qiyasi Ali Jum'ah makes an analogy for buying and selling foreign currencies
with buying and selling gold and silver because there are similarities illat ie both as a
medium of exchange. At the time of the Prophet gold and silver became a medium of
exchange. The hadith above explains that buying and selling between gold and gold is
allowed on condition that it is done in cash and has the same quality and quantity or
in other words there must be a balance. However, if there is a difference in terms of
type, it must be done in cash.
2. Bank Interest.
Ali Jum'ah stated explicitly that the legal bank interest is lawful and does not
include usury. This statement was conveyed in 2017 when he filled an event on one of
the television channels, as for the statement as follows:

‫ﻭﻣﻦ ﻳﺮﻳﺪ ﺃﻥ ﻳﻨﻔﻘﻬﺎ ﻓﻲ‬, ‫ﻭﻟﻜﻦ ﺑﻜﻞ ﻭﺿﻮﺡ ﺇﻥ ﻓﻮﺍئﺪ ﺍﻟﺒﻨﻮﻙ ﻋﺒﺎﺭﺓ ﻋﻦ ﺃﺭﺑﺎﺡ ﻭﻫﻲ ﺣﺎﻟﻞ ﻟﻴﺲ ﻓﻴﻬﺎ ﺃﻱ ﺷﺒﻬﺔ‬,
‫ﻣﺸﻴﺮﺍ ﺇﻟﻰ ﺃﻥ ﺑﻌﺾ ﺍﻟﻨﺎﺱ ﻳﻌﺘﻘﺪﻭﻥ ﺑﺄﻥ ﺃﺭﺑﺎﺡ ﺍﻟﺒﻨﻮﻙ ﺣﺮﺍﻡ‬, ‫ﻭﻧﺘﻴﺠﺔ ﺫﻟﻚ ﺳﺒﻴﻞ ﻫﻠﻼ ﻳﺠﻮﺯ ﺫﻟﻚ‬, ‫ﻟﺪﻳﻬﺎ‬
‫ﺃﺭﺑﺎ ﺣﺎﻟﻞ ﺃﻟﻦ ﺍﻟﺒﻨﻮﻙ ﺗﻘﻮﻡ ﺑﺎﺳﺘﺜﻤﺎﺭ ﺗﻠﻚ ﺍﺃﻟﻤﻮﺍﻝ ﻓﻲ ﺍﻟﻤﺠﺎﺍﻟﺖ ﺍﻟﻤﻌﺮﻭﻓﺔ‬
‫ﺑﺎﻝ ﻋﻠﻰ ﺍﻝ ﻟﺼﺎ ﺍﻟﻤﺎﻝ‬
Meaning: Bank interest is a lawful profit and there is no doubt in it and whoever
wants to donate the money earned from the bank interest itself, the law is
permissible. Some people think that the law of bank interest is haram, but it is clearly
seen that bank interest is a lawful profit because the bank's job is to invest the money
it gets from customers in a known field and the results from these investments return
to the bank and the owner of capital (customers). ) gets a share of that profit.

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Ali Jum'ah in the event even stated that a person who thinks that bank interest is
haram in essence does not fully understand the function of the bank itself. In issuing
this statement, there are two main reasons that form the basis for the legality of bank
interest, the first reason is because in essence a bank is an intermediary institution
whose function is to invest money and not merely as a debtor and debtor. The second
reason is that according to Ali Jum'ah bank is a milestone for progress, prosperity and
happiness and it is a true Islamic principle because it is not included in usury which is
forbidden.

The ijtihad method used by Ali Jum'ah in this problem is the ijtihad method
istislahi. The author can find this in the statement he issued regarding the role of the
bank itself. Ali Jum'ah said that the bank is a milestone for the progress of a country
and the happiness of the people. So with this, according to the author, Ali Jum'ah pays
more attention to the benefits obtained from the existence of banking institutions. In
addition to using the method
istislahi Ali Jum'ah also used the ijtihad method Intiqa'i namely by favoring the
opinions of previous scholars and muftis such as Rasid Rida, Mahmud Shaltut,
Muhammad Sayyid Tantawi.
3. Insurance
Regarding this insurance, Ali Jum'ah stated that insurance in various forms has
now become a social necessity due to the demands of life. It is almost impossible for
us to escape from insurance, because there are so many workers and company
employees, both private and government, whose rights need to be considered by the
company. Companies need to protect their capital so that they can play their function
as an economic driver which is the backbone of life. Companies also need to protect
the rights of workers and employees with the aim of ensuring their lives now and in
the future.
Insurance itself does not aim to gain illegal profits. Insurance is more intended
as a social solidarity, mutual cooperation, mutual support for the calamities
experienced by individuals due to natural disasters and so on. Insurance also does not
include taxes levied by force, but rather a form of cooperation in doing good and a
form of prioritizing self-interest which is clearly recommended in Islam. A number of

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Countries in the world make insurance systems in order to achieve the progress of
society and their nation. Islam, of course, does not close itself off from it. Because
Islam itself is a religion of progress, a religion of religious civilization that upholds
system and order. Indeed there are scholars who allow and forbid, in various Muslim
countries even since the first. Each has its own reasons

Based on the explanation of Ali Jum'ah's fatwa above, the writer can conclude
that in determining this insurance law, Ali Jum'ah has two main considerations,
namely: Consideration of the needs of the community at this time and the general
benefit. The ijtihad method used in this problem is the ijtihad methodistislahi
which includes maslahah al-mursalah and urf as well as Intiqa'i at the same time while
still paying attention to the benefits and objectives of the Shari'ah. Method use
maslahah al-mursalah because insurance is included in the category of new mu'amalah which

is not contained in the texts of the Qur'an and hadith. As for the use of the methodurf

because insurance has become a habit of society at this time as stated by Ali Jum'ah.
ThenIntiqa'i in this case it is used because the opinion that allows is considered more
relevant at this time.

CONCLUSION
1. The method used by Ali Jum'ah in carrying out ijtihad is basically not much different
from the method used by previous scholars and contemporary scholars, namely by
using the ijtihad method. bayani, qiyasi and
istislahi as well as Intiqa'i.

Ali Jum'ah argues that in giving a fatwa there are four phases that must be passed
by a mufti, namely the problem description phase (‫)ﻣﺮﺣﻞ ﺍﻟﺘﺼﻮﺭ‬, the problem
matching phase (‫)ﻣﺮﺣﻞ ﺍﻟﺘﻜﻴﻴﻒ‬, the phase in explaining the law (‫ )ﺍﻝ ﻣﺮﺣﻠﺔ ﺑﻴﺎﻥ‬and
the fatwa phase (‫)ﻣﺮﺣﻞ ﺍﺇﻟﻔﺘﺎء‬. .
2. In conducting ijtihad, the most dominant method used in matters relating to
contemporary financial transactions is the ijtihad method
istislahi. Ijtihad method istislahi become dominant because new problems that
arise there are no explanations in the Qur'an or hadith and also cannot be done
qiyas.

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3. Most of Ali Jum'ah's fatwas are relevant to current conditions. However, there is still
an irrelevant fatwa, namely a fatwa regarding the permissibility of buying and
selling liquor in non-Muslim countries.

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