ANALISIS KAIDAH AL-IJTIHAD LA YUNQADH BI AL-IJTIHAD DAN APLIKASINYA DALAM HUKUM ISLAM

Abstract

The principle of al-Ijtihad la Yunqadh bi al-Ijtihad is a rule of kulliyah aghlabiyah
(mayoritative-representative) in the study of Usul Jurisprudence. In the construction of Islamic
law itself, ijtihad is an important media which plays a very large role. Without ijtihad, of course
Islamic scholarship will be poor and arid in responding to various problems in accordance with
the time and place. The problem that then arises from the open door of ijtihad is, when an ijtihad
has gained legitimacy, whether the legal product from the results of ijtihad can be canceled and
annulled simply by other ijtihad results. This becomes interesting and important especially with
something related to legal certainty. A comprehensive discussion of these rules will provide a
complete picture and then contextualized in various legal practices in Indonesia, especially
Islamic legal practices in order to produce legal certainty in an issue.