The Application of Ijtih ȃ d Takhr ȋ j in Contemporary Sharia Business

This research aims to elaborate on the concept of ijtih â d takhrîj, which was introduced by scholars to address evolving contemporary legal issues. It also seeks to analyze the application of ijtihâd takhrîj in the field of mu’âmalah mâliyyah or Islamic economic law. The approach used in this research is a normative juridical approach. This research is classified as a literature study and uses secondary data. The results of the study indicate that: first, ijtihâd takhrîj is crucial for realizing the efforts of ijtihâd to solve legal issues, including Islamic economic law, which is continuously developing; and second, in practice, ijtihâd takhrîj is applied to address contemporary legal issues in mu’âmalah mâliyyah activities. Some applications of ijtihâd takhrîj in contemporary sharia business such as law of commercial insurance, intellectual property rights, issues of inflation, law on giving discounts, law of travel checks, law of savings deposits, credit and debit cards, buying and selling via social media, law of compensatory payments in transactions

methodologies employed by scholars to achieve contemporary ijtihâd.
In light of those as mentioned earlier, this research project aims to elucidate the concept of ijtihâd takhrîj, as proposed by scholars, as a means of addressing contemporary legal issues that continue evolving with time.Furthermore, the research seeks to examine the application of ijtihâd takhrîj in contemporary Sharia business.

RESEARCH METHODS
This research employs a normative juridical approach, which involves examining and analyzing secondary data, thus constituting a type of library study.The objective of the application in this research is to provide theoretical examples that are not based on empirical field data.The primary sources for this research are Islamic legal literature related to the concept of takhrîj.The secondary sources include various literatures.As the study focuses on Islamic law, the data sources for this research are the Quran, Hadith, and Fatwas, whether from individual scholars or collective bodies-especially those focusing on contemporary fiqh muamalah.As this research employs a qualitative data analysis method, statistical data calculations are not required.

RESULTS AND DISCUSSION
The Concept of Ijtihad Takhrîj Etymologically, the word takhrîj is a form of the root "kharaja-yakhruju-takhrîj," which linguistically means to extract or separate from a part or group.Another meaning is production, which carries a connotation of generating metaphorical and tangible meanings.
Terminologically, the definition of takhrîj is explained by scholars with varied expressions.Ibn Taimiyah,6 al-Mawardi, and Ibn Badran (from the Hanbali scholars) provide the following definitions of takhrîj: "Transferring a legal issue to another similar one by equating the two." The definition of takhrîj mentioned above is similar to the definition of qiyâs or analogy.Ibn Farhun,7 provides the following definition of takhrîj: "Extracting the ruling of a question from a prescribed question" Sheikh 'Ali Jum'ah8 provides the following definition of takhrîj: "Deriving the legal ruling for an issue that does not have a specific textual ruling from another issue that does."Sheikh 'Alawi al-Saqaf,9 ('Alawi Ibn Ahmad Ibn 'Abd al-Rahman al-Syafi'i al-Makki) and Sheikh Muhammad Riyadh define takhrîj with different approaches, namely deductive and inductive approaches.Sheikh 'Alawi al-Saqaf provides the following definition of takhrîj: "The jurists of the madhhab apply the opinion (legal ruling) of their imam to another issue due to the similarity between them."As for Sheikh Muhammad Riyadh,10 he provides the following definition of takhrîj: "The jurist of the madhhab analyzes issues that do not have specific legal rulings in their madhhab by drawing analogies with issues that do have established rulings within their madhhab."It can be understood from the various terminologies of takhrîj mentioned above, as conveyed by Sheikh Yaqub al-Bahasin,11 in his book "al-Takhrîj 'Inda al-Fuqahâ wa al-Ushûliyyîn," that takhrîj encompasses several aspects, including: 1) Takhrîj will lead to the principles and rules established by the imams as foundations that interact with the legal rulings in the fiqh issues derived from them; 2) Generally, takhrîj returns all fiqh differences to the foundational principles; 3) Sometimes, takhrîj aligns with its usage among the jurists, meaning the interpretation of texts resulting in limited rulings (al-istinbâth al-muqayyad).This involves explaining the imam's opinion on partial issues that lack specific texts and linking them to similar issues or measuring them using certain principles within the madhhab; 4) Occasionally, jurists expand the meaning of takhrîj to include the reasoning of 'illat (legal rationale) or projecting the opinions quoted from the imams and explaining their sources by investigating the legal rationale established by the imam.This allows for the interpretation of new issues.
From the definitions explained, it is clear that takhrîj is fundamentally based on the view that the opinions of the imam of the madhhab are to be considered essential (ashl  [ushul]) by the mujtahid of the madhhab in determining the legal status of new issues that do not yet have established rulings.New issues are considered as branches (furu') similar to the process of qiyâs (analogy); the difference is that the ashl in qiyâs is derived from the Qur'an and/or the Sunnah, whereas the ashl in takhrîj is opinion of imam of the madhhab.This can relate to the substance of opinion (aqwâl/ara [known as adhering to a madhhab in a qaulî manner]) or to the principles and/or reasoning methodology (known as adhering to a madhhab in a manhajî manner).Therefore, the analogy in takhrîj is not called qiyâs, but is termed ilhâq. 12o correctly and accurately carry out the takhrîj process, it is necessary to fulfill the principles of takhrîj outlined by the scholars of ushul so that the legal derivation process can be conducted effectively.The components (pillars) established by scholars of ushul for the takhrîj process are as follows: 1. Al-Mukharrij: The person performing takhrîj.2. Al-Asl al-Mukarraj 'alaih: The foundation connected to the branch issue.3. Al-Far' al-Mukharraj a'la al-Asl: The new issue related to the original issue.4. Kaifiyyah al-Takhrij: The rules and procedures for conducting takhrîj.13

Principles of Takhrîj
The principles of takhrîj can be divided into two primary categories: those concerning the subject matter and those pertaining to the individual performing the takhrîj.The first category encompasses principles related to the object of takhrîj, namely, the issue whose legal status is to be determined from a Shariah perspective.The second category focuses on the qualifications and knowledge required of the person undertaking the takhrîj. 14egarding the principles related to the object of takhrîj, it is essential to note that takhrîj should not be applied to matters that have already been explicitly addressed in the Qur'an or Sunnah.Such issues are considered explicit (wudhûh) and do not necessitate further elaboration.
Turning to the principles concerning the person performing takhrîj, the individual must thoroughly understand the fiqh principles of their chosen madhhab, including the various opinions and interpretations within that school of thought.Additionally, a comprehensive grasp of ushul fiqh, particularly the intricacies of qiyas, is indispensable.
Furthermore, the person engaged in takhrîj must identify the sources of scholars' opinions and their methods of istinbâth.This includes understanding the connection between the new legal ruling and the underlying principles of the madhhab, encompassing ushul fiqh, its rules, fiqh, and its principles.
A deep understanding of the issues related to differences in fiqh (al-fawâriq alfiqhiyyah) and new issues (furu') is crucial for the person performing takhrîj.This knowledge enables them to accurately determine the legal status of these matters from a Shariah perspective.
Moreover, mastering the external factors that influence Islamic law and the various branches of fiqh is another essential principle in the practice of takhrîj.The person must be cognizant of factors that could potentially undermine the validity of takhrîj or affect a legal ruling through abrogation, specification, or restriction.A thorough understanding of these factors can be achieved by referring to discussions in ushul fiqh.

History of the Development of Takhrîj al-Furû' 'Alâ al-Ushûl
The evolution of the science of takhrîj al-furû' 'alâ al-ushûl unfolded in parallel with the advancement of ushul fiqh.This is based on the premise that takhrîj al-furû' 'alâ al-ushûl is an application of ushul fiqh, which serves as the foundation in the process of ijtihâd and istinbâth al-ahkâm (derivation of legal rulings).The early scholars engaged in ijtihâd using methods they deemed to be accurate.These methodologies were subsequently adopted by the students and followers of these early scholars, thereby establishing a school of thought (madhhab) in Islamic law that was based on the concepts formulated by the imams of the madhhab.
The history of the development of takhrîj al-furû' 'alâ al-ushûl can be viewed from two distinct perspectives.The initial perspective regards takhrîj al-furû' 'alâ al-ushûl as an integral aspect of ijtihâd and the process of legal discovery, independent of any particular madhhab.The second perspective regards takhrîj al-furû' 'alâ al-ushûl as a distinct scientific field that examines the process of istinbâth al-ahkâm (legal discovery) through the principles of ushul fiqh established by the imams of the madhhab.The practice of takhrîj al-furû' 'alâ al-ushûl has been an integral aspect of ijtihâd, operating independently of any particular madhhab of fiqh.It has existed concurrently with the advent of ushul fiqh.This is due to some ijtihâd conducted by Islamic legal experts since the Prophet Muhammad.However, it has not yet been conceptualized and structured in academic forms such as written books.
However, from the second perspective, which views takhrîj al-furû' 'alâ al-ushûl as a specific science that considers the legal causes ('illat) and methodologies developed by particular madhhabs, it can be said to have emerged after the first book of ushul fiqh, al-Risâlah by Imam al-Shafi'i.The argument is that takhrîj al-furû' 'alâ al-ushûl requires the presence of ushul fiqh principles as its foundational basis.
Although the study of takhrîj al-furû' 'alâ al-ushûl originated with the Shafi'i madhhab, the written documentation of this field began relatively late, around the 6th century Hijri, with the publication of the book Takhrîj al-furû' 'alâ al-ushûl by Imam al-Zanjani.This book is regarded as the earliest to elucidate the methodologies of ushul fiqh and the derived branches, employing specific principles.It also addresses debates on disparate opinions and arguments from various madhhabs of fiqh.
The delay in the development of the science of takhrîj can be attributed to the writing style of ushul fiqh adopted by Shafi'i scholars, which separates ushul (principles) from furu' (branches) (the method of al-Shafi'iyyah al-Mutakallimin).This style of writing impacted the development of written works on takhrîj al-furû' 'alâ al-ushûl because their writings focused on the formation and reinforcement of legal rulings without providing examples and applications of the principles.This delayed the development of takhrîj writings until the difficulty in linking furu' (branches) to their ushul (principles) was recognized, which presented challenges during ijtihâd.Consequently, writings were produced on how to connect furu' to the ushul, thus giving rise to the science of takhrîj al-furû' 'alâ al-ushûl.
Given the significance of takhrîj al-furû' 'alâ al-ushûl in conducting istinbâth within specific madhhabs, scholars from various schools of thought have authored books dedicated to this subject.Each book possesses unique characteristics in terms of the topics it covers.
Among the notable works specifically addressing takhrîj al-furû' 'alâ al-ushûl 15 is Kitab Al-Takhrîj Al-Furû' 'Alâ Al-Ushûl by Imam al-Zanjani.This pioneering text, one of the earliest and most influential in the field, elucidates the principles of ushul fiqh employed in the Shafi'i madhhab and their application in deriving branch rulings (furu').A distinctive feature of this book is its organization according to the chapters of fiqh, setting it apart from other takhrîj texts that are typically arranged based on the chapters and titles of ushul fiqh.Additionally, Kitab Al-Takhrîj Al-Furû' 'Alâ Al-Ushûl serves as a valuable comparative work between the Shafi'i and Hanafi madhhabs.
Another significant work, Kitab Tamhîd Fî Takhrîj Al-Furû' 'Alâ Al-Ushûl, was authored by Jamal al-Din Abi Muhammad ʻAbdul Rahim bin al-Hassan al-Isnawi.Published approximately a century after Imam al-Zanjani's work, this book distinguishes itself by focusing exclusively on the Shafi'i madhhab.It provides a comprehensive explanation of the ushul methods utilized by the Shafi'i school, the branch rulings derived from them, and the various opinions and narratives within the Shafi'i tradition pertaining to these rulings.
While Kitab al-Qawâ'id wa al-Fawâ'id al-Ushûliyyah, authored by Hanbali scholar Abu al-Hassan Alauddin bin Muhammad bin Abbas al-Baʻli al-Hanbali, also known as Ibn al-Lahham, presents a unique approach.While it may not cover as many titles and ushul fiqh methods as other takhrîj books, it stands out by providing numerous branch rulings (furu') for each method discussed.This feature renders it particularly useful for those studying the field of takhrîj al-furû' 'alâ al-ushûl.

Takhrîj Al-Ushûl 'Alâ Al-Furû'
Scholars define takhrîj al-ushûl 'alâ al-furû' as follows: "The science that uncovers the ushul (principles) and methodologies of the madhhab imams through the branches of fiqh and the determination of their legal causes ('illat)."According to al-Qahthani, takhrîj al-ushûl 'alâ al-furû' explains the opinion of an independent mujtahid in terms of how legal rulings (istinbâth al-ahkâm) are derived, their sources, and the method of their extraction: 16 Al-Qahthani describes the takhrîj performed by Abu Ya'ala al-Farra, a scholar from the Hanbali madhhab, in his book al-'Uddah.Abu Ya'ala proposed a methodological framework for resolving new issues requiring legal status determination in terms of shariah, which includes: 1. Explaining Imam Ahmad Ibn Hanbal's opinion on ushuliyyah (principles of fiqh); 2. Determining if Imam Ahmad's opinion was based on linguistic approaches ('ibârah al-nass, isyârah al-nass, dilâlah al-nass, or iqtidhâ al-nass); 3. Identifying the source of Imam Ahmad's opinion from earlier scholars, such as the Companions or the Tabi'in; 4. Examining how the opinion was derived, considering both the substance (matan) and the transmitters, and reviewing the ushul and fiqh principles used. 17sing this framework, Abu Ya'ala addressed the new issues presented to him.The methodological approach employed by Abu Ya'ala in relation to new problems (nawâzil) that require legal status determination highlights that a deep understanding of fiqh, ushul fiqh, and the principles of the imams of the madhhab will:18 1. Strengthen the mujtahid takhrîj in performing takhrîj by understanding the strength of the evidence used; 2. Help the mujtahid takhrîj recognize the relationship between fiqh branches, understand the legal causes ('illat), and align these with the branches narrated from the madhhab imams; 3. Reinforce the conclusions of the mujtahid takhrîj on branch issues not covered by the opinions of independent mujtahids, align them with the principles and ushul, or find a more authoritative view.
This first type of takhrîj offers several benefits, including: first, the interaction between this knowledge and the principles of the imams helps mujtahids facing contemporary issues to weigh different opinions and choose the most superior (râjih) based on these principles; second, this knowledge serves as a tool to identify the correlation between fiqh branches, investigate and explain the legal causes ('illat), and align these with the existing branch rulings, leading to concrete understanding and adaptation of the branches narrated from the imams to their ushul; third, with this knowledge, a scholar can draw conclusions by performing takhrîj on problems and branches lacking explicit texts, addressing new incidents and cases in line with the takhrîj principles or finding a more authoritative opinion; fourth, this type of takhrîj introduces the mujtahid to the sources and references used by scholars in deriving legal rulings (istinbâth al-ahkâm) and their ushul ijtihâd, aiding in understanding the reasons for differing juristic opinions19 2.

Takhrîj al-Furû' 'Alâ al-Ushûl
Scholars explain that takhrîj al-furû 'alâ al-ushûl refers to:20 "Referring new issues (furu') that do not have established rulings in the views of the madhhab imams back to the methodology (ushul and principles) of the independent imam's ijtihad, and incorporating them under the principles used by the imam." Ya'qub al-Bahasin, in his book "al-Takhrîj 'Inda al-Fuqahâ wa al-Ushûliyyîn," defines takhrîj al-furû 'alâ al-usûl as follows:21 "The science that discusses the legal causes ('illat) or the instances where shariah rulings are determined, in order to refer new issues (furu') back to them by explaining the reasons for differing opinions, or to clarify the rulings of issues that do not have established opinions from the madhhab imams, thereby placing them under the principles of fiqh and ushul." 22tsman Ibn Muhammad al-Akhdar Syusyan, in his book "Takhrîj Al-Furû 'Alâ Al-Usûl," explains that takhrîj al-furû 'alâ al-usûl means: "The science through which the application of ushuliyyah principles in deriving shariah legal rulings, practical (amaliyyah) matters, is understood from detailed evidences."Among the benefits of the science of takhrîj al-furû' 'alâ al-ushûl are as follows: First, it enhances mastery of fiqh and trains students in istinbâth (derivation), tarjîh (weighing evidence), and developing issues following the evidences obtained; second, enables an Islamic legal expert to understand what they study and research in fiqh books deeply; third, produces ushul knowledge from its theoretical aspects, derived practically and applicably in the field as fruits emerging from the principles of ushul and even fiqh principles; fourth, serves as a reference for researchers in addressing contemporary issues in making shariah decisions.The legal outcomes in facing various issues may differ depending on the method of istinbath and the cases encountered by the fuqaha' in the furu' they derive.This results in diverse fiqh rulings; and fifth, one of the benefits of takhrîj is that it supports the mujtahid's opinion in deriving consistent legal rulings on contemporary issues, enriching the methods used by the fuqaha.23

Takhrîj al-Furû' 'Alâ al-Furû'
According to al-Qahthani,24 takhrîj al-furû' 'alâ al-furû' refers to: "The scholars who follow the madhhab perform legal derivation (istinbâth) using the method employed by the mujtahid of the madhhab.They use the istinbâth methodology of their imam to address new issues or incidents that did not occur during the imam's lifetime, considering the similarities or legal causes ('illat) based on the branches (furu') previously addressed by their imam, as documented in their fiqh books."According to Ya'qub al-Bahasin,25 takhrîj al-furû 'alâ al-furû' refers to: "The science that generates knowledge about the opinions of the imams on branch issues (furu') that do not have explicit textual evidence from them by connecting it with similar legal rulings when both share the same legal cause ('illat).It can also be aligned within the generality of the imam's statements or understanding, or derived from their actions or approvals."

Application of Takhrîj al-Furû 'Alâ al-Ushûl in Contemporary Mu'âmalah Mâliyyah
Classical scholars have performed extensive ijtihâd during their lifetimes.This practice began with the generation of scholars from the Prophet's Companions, the Tabi'in scholars, and subsequent generations, who explored legal rulings concerning muamalah mâliyyah (Islamic economic law) transactions that occurred.
When a case in muamalah mâliyyah activities arises, and there is no precedent from previous or contemporary scholars, contemporary scholars often look for similar cases discussed by classical scholars.These cases can be a foundation for analogies between contemporary and classical fiqh cases.If there are similarities or commonalities between the two cases, the ruling for the contemporary case is aligned with the ruling for the classical case.This practice is known among fiqh and ushul fiqh experts as takhrîj al-furû' 'alâ al-ushûl, or often simply as ijtihad "takhrîj." In this research, the author attempts to examine and analyze contemporary muamalah cases to determine their legal status using the takhrîj al-furû' 'alâ al-ushûl method.Some contemporary issues analyzed based on this takhrîj method include:

1.
Commercial Insurance (al-Ta'mîn al-Tijârî) One of the contemporary transaction contracts that did not exist previously (before the 14th century CE) and lacks established fiqh rulings is the issue of commercial insurance, known in contemporary terms as al-ta'mîn altijârî.Previously, there were no scholarly opinions on the insurance ruling, except for the opinion of Ibn 'Abdin from the Hanafi madhhab, who prohibited commercial marine insurance.
Islamic scholars differ in their opinions regarding the ruling on commercial insurance.According to al-Qahthani, there are at least two (2) divergent views on the legal status of commercial insurance from a fiqh perspective.Here are the opinions of scholars on this matter: "Contemporary scholars have differing opinions (khilâf) on the legal status of insurance.First, some scholars prohibit insurance.Among those who prohibit it argue by analogy (qiyâs) to qimâr (gambling, as it involves the transfer of risk); or they consider insurance as a contract containing gharar (uncertainty) because it is speculative in nature.Others permit it by performing takhrîj, analogizing it with the contract of muwâlah (a loyalty contract involving mutual assistance) and 'aqilah (compensation [diyat] for unintentional murder)."

Intellectual Property Rights (Haq al-Ta'lîf wa al-Thab' wa al-Nashr)
These rights did not have established rulings among classical scholars.the past, reproducing works was not prohibited; however, with the advent of the printing press in Europe, publishers gained extraordinary profits while the original creators received little material benefit. 26ccording to al-Qahthani, 27 contemporary scholars have differing opinions regarding intellectual property rights (i.e., copyrights).Here are the opinions of contemporary scholars on intellectual property rights: 28 legitimate according to shariah.If the buyer receives gold, silver, or foreign currency and uses a debit card and signs the payment receipt issued by the seller, a constructive transfer of ownership occurs.This is based on the ruling by the International Islamic Fiqh Academy, which states that account transfers can be considered equivalent to constructive possession, as outlined in decision No. 53 (4/6)."The idea of using a Sharia card in Indonesia emerged in early 2003.Since then, the discourse on the use of Sharia cards has undergone lengthy debates.These lengthy debates have occurred both in theory and practice.From a theoretical perspective, many argue that Sharia cards tend to encourage excessive behavior (israf), leading Muslims to become more consumptive, wasteful, and accustomed to debt.However, opinions also suggest that if the tendency towards israf is controlled, it can be managed effectively.To provide legal certainty and Sharia guidelines in practical application, the National Sharia Council issued Fatwa No: 54/DSN-MUI/X/2006 concerning Sharia Cards.Therefore, Sharia credit card products in Islamic financial institutions must comply with this fatwa.

Buying and Selling via Social Media
Selling goods that are in stock through social media is analogized by some fiqh researchers to bai' al-ghâib 'alâ al-shifah, which means selling goods that are not present at the contract meeting or not directly witnessed, even if the meeting is held.The ruling on conducting online transactions returns to the ruling on bai' al-ghâib 'alâ al-shifah as explained by classical scholars.According to the Shafi'i madhhab, this type of sale is invalid because it involves gharar (uncertainty).However, according to most scholars from the Hanafi, Maliki, and Hanbali madhhabs, this type of sale is valid because the default ruling in transactions is permissibility unless evidence prohibits it.The element of gharar in online transactions is considered minor and does not affect the contract's validity. 359.
The National Sharia Council-Indonesian Ulama Council (DSN-MUI) issued two fatwas regarding financial penalties: Fatwa No. 17/DSN-MUI/IX/2000 on Penalties for Able Customers who Delay Payment, and Fatwa No. 123/DSN-MUI/XI/2018 on the Use of Funds that Cannot be Recognized as Revenue for Islamic Financial Institutions (LKS), Islamic Banking Services (LBS), and other Islamic financial services.The substance of the DSN-MUI fatwas permits financial penalties, as per the opinion of Imam Abu Yusuf (a follower of Abu Hanifah).Still, the penalty funds cannot be recognized as revenue and must be used for social purposes, which is in line with the opinion of the majority of scholars.3710.Sharia-Based Financial Technology Peer-To-Peer Lending In the past decade, a new business model, namely online peer-to-peer lending, has been developing globally.This business model is an essential innovation in the financing business, especially in the current era of digital finance.Peer-to-peer lending is a new financial transaction platform that simplifies conventional intermediation functions by directly connecting those needing funds with those with excess funds.
The National Sharia Council of the Indonesian Ulema Council issued a fatwa regarding information technology-based financing services following Sharia principles.It is stated in Fatwa DSN-MUI No. 117/DSN-MUI/II/2018 that information technology-based financing services based on Sharia principles are the provision of financial service activities based on Sharia principles that connect financiers with finance recipients to conduct financing agreements through electronic system with the help of the internet network.
According to the Fatwa of the National Sharia Council of the Indonesian Ulema Council No. 117/DSN-MUI/II/2018, Fintech peer-to-peer lending is allowed as long as it complies with sharia principles.One of the provisions in this fatwa concerns the contracts used.The contracts used must align with the characteristics of financing services such as al-bai ', ijarah, mudharabah,  musyarakah, wakalah bi al-ujrah, and qardh.Sharia-based fintech peer-to-peer lending, according to the DSN-MUI fatwa, can be conducted in models such as: 1) accounts receivable financing, 2) financing the procurement of goods ordered by third parties, 3) financing the procurement of goods for online sellers, 4) financing the procurement of goods for online sellers with payment through a payment gateway, 5) employee financing, and 6) community-based financing.
Kitab Miftâh al-Wushûl Fî Binâ al-Furû 'Alâ al-Ushûl by Imam al-Syarif Abi ʻAbdullah Muhammad bin Ahmad, al-Maliki, al-Tilmisani, is relatively concise, it is considered a primary reference in the study of takhrîj al-furû' 'alâ al-ushûl, particularly within the Maliki madhhab.Although fundamentally a book of ushul fiqh, it incorporates examples of each ushul method discussed, leading scholars to classify it as a work on takhrîj al-furû' 'alâ alushûl.