Page 30 - AQIF M1

3 27
Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

UNIT 5: METHODOLOGY OF ISLAMIC RULE MAKING PROCESS
(IJTIHĀD)
In practicing ijtihād, the mujtahid must first of all look at the explicit texts (nuṣūs)
of the Qur’ān and Sunnah, which must be given priority over all other evidences.
If there are manifested texts on the issue under study, he shall not employ any
other sources of law in deriving rules.

Should there be no manifested texts on the subject, or the text is subjected to
various interpretations, the mujtahid may resort to other sources of law, assisting
him in the deduction of the ruling. If no text is to be found at all, he shall find out
if there is a ruling of ijmā‘ on the matter. Otherwise, he has to employ a variety of
sources to derive a ruling of the Sharī’ah on the matter.

The process explained above was in essence formulated by Imām al-Shāfi’ī. He
developed the methodology of rule making process as follows:

( )

Diagram 8 : Methodology of Islamic Rule Making Process (Ijtihād)