Implementation of the Legal Istinbath Method of LBM Mudi

Instinbāth is a rule in fiqh proposal. In language the word instinbāth comes from Arabic, namely "طب ن ت س ا طب ن ت س ي طاب ن ت س ا" which means to issue, give birth, dig and others. The root word is “طب نطب ن ياطب ناطوب ن ((ءام لا" means rising water that comes out of the ground. Thus, according to the language the meaning of instinbāth is about removing something from its hidden hiding place. The definition of ijtihad according to the theologian of the fiqh proposal is that there is a lot of diversity with the editor who adds it. But in the author's opinion, although with the diversity of the editors but not showing substantial variations, some of these definitions are: em eht gnivomeR" جارخ ت س ا ى ناعم لا نم صوص ن لا طر ف ب نهذ لا ةو قو ةح ير ق لاanings of texts (contained) by shedding thoughts and abilities (potential) instinctively" (Kamal,2019) According to Atabik Ali and A. Zuhdi Muhdhar in the contemporary Indonesian Arabic dictionary, what is meant by instinbāth is the excavation or removal of the law from the source. As for the ways to obtain these rules can be found in three ways. First, it is directly a formulation of the al-Qur'an or hadith. Like the rule "there is no loss or loss" (la dharara wa la dhirara) is the Prophet's words which reads this way. The second is concluded inductively from a number of al-Qur'an texts or hadiths such as the rule of "difficulty brings ease" which is deduced from a number of verses of the al-Qur'an which provide dispensation and convenience in terms of implementing the provisions of sharia law. Inductively deduced from the legal provisions of similar detailed cases. For example, in a sale and purchase agreement, there are provisions in the form of a sale and purchase agreement based on the approval (consent) of the parties. The presence of LBM MUDI is certainly a solution to the urgency of legal answers to actual problems, this can be seen from the fatwa issued which is very dynamic and preserves Abstract

local wisdom. These results are obtained from the appropriate and precise methodology of istinbath law that is able to abstract the thought of the previous ulama and place it according to the portion and proposinal. On the other hand, various fatwa institutions have also appeared, but the results are very irrelevant and not adaptive to the environment, of course, also the law issued in the fatwa through the istinbath process as a methodological framework. Both have istinbath methodology but produce law that is solution in the first party and often contradictory by the second party raises a problem about the substance of the methodology used. This assumption sometimes raises a paradigm about authentic and comprehensive formulation of reasoning as outlined in the istinbath methodology on the first side and the imposition of a rush of ijtihad by mixing rationalism and philosophy to view the benefits in the istinbath methodology on the other hand. Therefore, scientific studies are needed to eliminate the mere justification of istinbath methodology, basic arguments and the application and results of the legal products generated by the methodology it uses.

Method and Distribution of Ijtihad
According to Muhammad Salam Madzkur divides the ijtihad method into three types, namely bayaniy, qiyasiy, and istislahi, namely: 1. Bayaniy method is a method of istinbath (excavation and stipulation) of law which rests on the principles of lughawiyyah (linguistic) meaning of lafaz. 2. The Qiyasiy method is a way of istinbath the law by bringing something that is not yet known to the law through na sudah (Alquran and Sunnah) in order to determine or deny the law because there are characteristics that unite the two. Included in the qiyasiy method is istishan, which is switching from a qiyas result to another stronger qiyas result, or mentachsis of a qiyas result with another stronger qiyas result. 3. The Istislahiy method is a method of legal istinbath regarding a problem that rests on general arguments, because there are no specific arguments regarding the problem based on the principle of benefit which is in accordance with the maqasid asysyari'ah (the main objective of Islamic law) which includes three categories of needs, namely daruriyyat (main), hajiyyat (important) and tahsiniyyat (support). Some that can be categorized under this method are al-masalih al-mursalah (kemashlahatan for which there is no explicit text reference), al-istiṣhab (basically everything is legal), bara'ah azzimmah (basically someone is not burdened by law, popularly known as the principle of presumption of innocence, sadd az'arai '(blocking the path that leads to violations of the law) and urf (good customs and habits).
Apart from the above methods, there are also various kinds of divisions of ijtihad depending on the point of view. When viewed from the perspective of the scope of the field that becomes the object, there are two categories, namely: 1. Ijtihad Kulliy (Whole), namely ijtihad which in a complete unity cannot be separated. This means that a mujtahid must be able to perform ijtihad in every problem. Because the knowledge of ijtihad is related to one another. 2. Ijtihad Juz'iy (partially), namely ijtihad which can be carried out even though a mujtahid only masters a certain legal method, so he may act according to the method he controls, even though he is not skilled in other methods. Meanwhile, in terms of orientation (attention and tendency), the mujhtahid in carrying out ijtihad in order to decide a problem can be grouped into two, namely: 1. Traditional Ijtihad, namely ijtihad, which in the exploration and determination of the law is more oriented to expressive expressions in the Koran and Sunnah so that this group is often referred to as ahl al-Hadith or textualists. 2. Rational ijtihad is ijtihad which in its study and determination of law is more oriented towards the utilization of reason with based on the understanding that syariah law 'can be explored by looking at its substance aspects. This group is usually called ahl ar-Ra'y atrau contextualists. If in terms of the number of perpetrators, ijtihad is also divided into two, namely: 1) Ijtihad Fardiy (Individual) is ijtihad which is carried out independently and alone by a mujtahid, both in terms of methods and procedures for determining the law of a problem and in relation to the decision-making process. This Mujtahid must have several disciplines that are adequate as a requirement and as a capital for doingijtihad. 2) Ijtihad Jama "iy (Collective), namely the mobilization of all efforts of the majority of Islamic jurisprudents to find dzanniy syar'I laws by performing istinbath and the results are agreed upon by all or most of the Islamic juris after deliberation. In this ijtihad can gather various potentials in order to get better results

The Ilhaq al-Masail bi Nadhairiha Method
Building a method to unite the perceptions of reasoning from various experts with their respective expertise will be very helpful in producing maximum reasoning results; this reason is the background of the ilhaq al-masail bi nadhairiha method which was born as one of the methods of legal istinbath carried out by LBM MUDI Mesjid Raya Samalanga. The method of ilhaq al-masail bi nadhairiha is not just the result of the thoughts of the board and board of experts of the LBM, but this method is reconstructed from a strong foundation, among them the hadith narrated by Umar bin Khathab RA, namely: This hadith is indicated by Umar ibn Khathab RA's suggestion in ordering Abi Musa al-Asy'ari RA to use qiyas in his ijtihad, this is based on Abi Musa's capacity as a mujtahid. But on the other hand, Imam al-Sayuti emphasized that this hadith is a guide to using equality formulas in finding contemporary problems, from this hadith he also relies on the virtues and advantages of studying fiqh principles which are of course to find the law of the latest problems, this assumption boils down to the application of the rules. With the ilhaq method based on the above hadith.

‫ا‬ ‫بتتبع‬ ‫األمر‬ ‫في‬ ‫صريحة‬ ‫هي‬ ‫األصل‬ ‫في‬ ‫السيوطي‬ ‫اإلمام‬ ‫قال‬ ‫لنظائر‬ ‫عليها‬ ‫ليقاس‬ ‫وحفظها‬ ‫بمنقول‬ ‫ماليس‬
Meaning: Imam al-Sayuti in his original book, Hadith about the contents of Umar ibn Khathab RA's veins to Abi Musa al-Asy'ari RA clearly as an order to follow equal problems to be addressed with unlawful problems from the Al-Qur`an and hadith.
Textually, it is very inappropriate to interpret qiyas in Imam al-Sayuti's statement with the meaning of qiyas which is used as one of the methods of ijtihad by the mujtahid, because it will be very contradictory to the meaning of nadhair, it is different if the qiyas referred to in the text above is qiyas which is basically with the meaning of comparison. The hadith and the words of al-Sayuti above are used as the basic foundation by the pesantren's caregivers to compile a procedural ilhaq method in solving problems at every mubahasah event and become the permanent method of LBM MUDI Mesjid Raya in solving actual problems that cannot be solved by the qauli method.
The need for the method of istinbath law through al-qawaid al-fiqhiyah was also explained by Sheikh Yasin Isa al-Fadani, along with his statement; Meaning: The Prophet SAW said whoever Allah SWT wants goodness to him surely Allah will give knowledge to him. The meaning of giving knowledge in the hadith is the knowledge of the furu'iyyah that is needed by him as well as the knowledge of alqawaid al-fiqhiyah. This is because knowing all of the furu'iyyah since the Prophet Muhammad (peace be upon him) rose to the end of time is not possible because new problems continue to emerge throughout the ages as clearly occur.
This interpretation given by Sheikh Yasin Isa al-Fadani of the prophet's hadith has an impact on the assumption that the need for al-qawaid al-fiqhiyah is a necessity for a faqih in answering contemporary problems. The other side of the statement above is an attempt to consider aspects of rationality with the category of whether or not a text is reasonable, as well as an analysis of the sociological aspects of the text in the yellow book. Sociological considerations are intended as a study of the socio-cultural background of why and how a text was born as stated in the book, this problem actually becomes significant when we intend to develop thoughts on the text for different contexts or situations. The same statement about the urgency of al-qawaid al-fiqhiyah was also made by al-Qarafi, he said; Meaning: Whoever masters the science of fiqh accompanied by the principles of his kulliyah then he does not need to bother memorizing the juziyyah laws, because everything has been included in these principles, in his view it will unite and according to something that other people think is different and opposite.
The invitation conveyed by Sheikh Yasin Isa al-Fadani and al-Qarafi seemed to mean a condition, in which the capacity and capability of a person conducting an actual legal study would give birth to the wrong paradigm without mastering the concept of al-qawaid al-fiqhiyah as the basic material of the method. ilhaq to the maximum. Even though the ilhaq almasail bi nadhairiha method can be done by anyone, of course, it also has specific criteria, including people who have understood ushul fiqh, fiqhiyyah rules and various other supporting sciences. This provision is due to the nature of the settlement using the ilhaq almasail bi nadhairiha method, including the application of rules in certain cases. Rule is defined by Imam al-Sayuti as follows; ‫منها‬ ‫أحكامها‬ ‫تفهم‬ ‫كثير‬ ‫جزئيات‬ ‫عليه‬ ‫ينطيق‬ ‫الذي‬ ‫الكلي‬ ‫اآلمر‬ : ‫القاعدة‬ Meaning: A rule is a general provision that corresponds too many specific cases where decisions in this general provision are used to determine the legal status of that specific case.
Some other scholars interpret the rules as follows;

‫إجماع‬ ‫أو‬ ‫أوسنة‬ ‫كتات‬ ‫في‬ ‫عليها‬ ‫النص‬ ‫التي‬ ‫الحوادث‬ ‫احكام‬ ‫به‬ ‫تعرغ‬ ‫قانون‬
Meaning: Provisions that can be used to find out about the law of cases where there are no rules in the Qur'an, hadith or ijma' The application of rules in solving cases in the ilhaq method becomes a basic concept, even though it means ilhaq with the perception of equating the law of a case that has not been answered by the book with similar case law that has been answered by the book. Thus the realm equates a new case with an old case because both are within the scope of the same principle.
In general, Imam al-Sayuti also invited the jurists to know about the principles of fiqh and their details, especially those contained in the book al-Asybah wa al-Nadhair. The book of al-Asybah wa al-Nadhair has become a compulsory reference book for every student who takes education in the field of Islamic legal thought, he said: Meaning: Know that the science of asybah wa nadhair is a great science, where with this knowledge a person will be able to know the substance of fiqh, patterns of thought, the basis of legal references and the wisdom of implementing law. With this knowledge also a person will be able to have a formulation of reason and be able to realize it and be able to do ilhaq and legal takhrij. As well as being able to know the laws of problems that have never been mentioned before, and the actual problems that always arise in every time.

‫علم‬
Imam al-Sayuti's statement above is a strong argument about the methods of ilhaq and takhrij that must be used by a person to be able to solve actual problems that occur at any time, of course that person must be an expert in the field of al-qawaid al-fiqhiyyah science so as not to give birth to contradictory views. In addition, this statement by Imam al-Sayuti essentially explains the criteria for a person who has the potential and capacity to do ilhaq and takhrij, as well as this statement being a preventive attitude that must be in someone who does not know the knowledge of al-qawaid al-fiqhiyyah.
Imam al-Sayuti added that the substance of fiqh is recognizing comparisons (new cases-old cases), where these words strengthen the argument for the form of the ilhaq almasail bi nadhairiha method.
Studying the rules of fiqh will be very helpful in knowing the fundamentals of Islamic law and being able to find out various contemporary problems where these problems did not occur before or there was no legal stipulation from previous scholars. Even someone who has been an expert in the field of fiqh rules and knows them comprehensively will be able to lead him to the degree of a mujtahid fatwa. From all of Imam al-Sayuti's statements, it can be understood that the ilhaq and takhrij meant by him were that al-qawa'id al-fiqhiyah would have the anticipatory ability to answer new problems after the formulation of these rules.
The method of ilhaq al-masail bi nadhairiha invites more to take the line of thought of previous scholars in compiling fiqhiyyah rules and bridging the arguments used in legal stipulation on old problems to be used as references for new problems. In other words, through the ilhaq al-masail bi nadhairiha method, Islamic legal experts are invited to compile formulations to answer religious issues, not only to solve cases individually and selectively, this is the substantial meaning of the istinbath method which for some scholars instills with fiqh manhaji. Even considering all the statements above from various scholars, it is not too much to conclude that there is a genealogical relationship between the concept of qiyas, the concept of al-qawaid al-fiqhiyah and the concept of ilhaq.
The perspective of the maslahah becomes one of the parts of the ilhaq method, where the study of the maslahah in the actual problem becomes the focus and subject of the case. Maslahah as a method of analysis of benefit by the mujtahid classifies it into two types, namely al-mashlahah al-mursalah and al-dzari'ah, both sadd al-dzari'ah and fath al-dzari'ah.

a. Al-Mashlahah al-Mursalah
Al-Mashlahah al-mursalah is a wording consisting of al-mashlahah and al-mursalah. al-mashlahah according to Ibn Manzhur means kindness. Meanwhile al-mursalah is the same as the word al-muthlaqah which means detached. It means that what is meant by almashlahah al-mursalah is maslahat or benefit that there is no certain argument that justifies or cancels it. This understanding is in line with what was explained by Muhammad Sa'id Ramadhan al-Buthi that;
It should be underlined that basically there are differences of opinion about the blasphemy of Mashlahah al-Mursalah as the proposition and process of determining the law. Imam Shafi'i belongs to a group that rejects the blasphemy of Mashlahah al-Mursalah as the absolute proposition or basis for establishing the law, but Imam Shafi'i notes that even if benefits can be accepted in Islam, of course these benefits should not contradict the Qur'an and hadith, maqashid al-syari'ah, and not motivated by lust and lust. Meanwhile, the scholar who uses Mashlahah al-Mursalah as the argument for establishing law is Imam Malik. According to him, using Mashlahah al-Mursalah as an argument for establishing the law does not go outside the scope of the Al-Qur'an and hadith.

Application of the Istinbath Method of Mudi Mesjid Raya Samalanga
Pesantren as tafaqquh fiddin institutions have unique and specific features and characteristics from various other educational institutions. Characteristics include the method and curriculum that refers to the classic or more popular cleric book known as the yellow book. The interesting and unique aspect of this yellow book is that in terms of the need for special skills to understand it, this can be seen from many who master Arabic but are overwhelmed by understanding the yellow book, on the other hand there are also not a few scholars who really understand the yellow book but are unable to interact using Arabic. Another distinctive feature of the pesantren is that the caregivers and senior teachers have a continuous genealogy of knowledge even to the authors of certain books. This is a material that is very original and can be accounted for and comes from reliable sources, in this pesantren this aspect is better known as scientific sanad.
The lineage of science or better known as scientific sanad also includes aspects of the method of reasoning that are used from generation to generation, this method is inherited indirectly, meaning that in shaping the method of reasoning and studies to the next generation, it is not in the form of isolated curricula but compounds with other curricula. LBM MUDI Mesjid Raya also has a strong foundation on the application of the istinbath method like pesantren in general, the following is the basis for arguing for the application of the istinbath method at LBM MUDI Mesjid Raya.
Tgk. H. Muhamam Iqbal said that the qauli method shows the willingness of a person to accept the fatwa of the previous ulama contained in the yellow book. Aside from being caused by the pious and the precepts of the previous ulama, this willingness to accept is also based on the originality of the ulama's fatwa and is far from personal or group interests. This point of view does not indicate fanaticism that has no basis, but for some people they prefer the ready-to-serve rather than have to process it first with the ijtihad method which is far from true value.
The historical aspect on which the verse was revealed is to respond to the predictions of the polytheists who claim that Allah will not send messengers of a human kind. Even so, in the provisions of the proposed fiqh the legal consideration and emphasis in a verse is the generality (universal) of the lafadz verse. Therefore, the above verse actually contains an order for people who do not have religious knowledge to ask questions and follow the opinions of pious people among them. Departing from this, the scholars interpreted the necessity to ask questions in the form of amaliyah or other matters regarding religion that led to the obligation of mazhab.
Quoting the opinion of Thaib ibn Bakar al-Hadhrami, Imam Abdurrahman al-Saqafi tries to classify who is meant by people who do not know in the verse of the letter al-Anbiya, he said that the meaning is: Meaning: Ordinary people in the uruf ulama ushul are known as people who do not have the capacity to consume syara 'law through the argument that they do not even know the method, therefore it is permissible for them to do taklid and even obligatory taklid based on the word of Allah SWT. "Then ask people. Which is knowledgeable if you do not know "? Meanwhile, people who are pious, but not yet have the status of a mujtahid, have the same position as ordinary people on the issue of imitation obligations. This statement is quite firm about the capacity of a person how to be obligated, this arises with the category of laymen who are unable to understand the propositions of shara and pious who do not yet have a position as mujtahid. Regarding taklid or mazhab, Imam Taj al-Din al-Subki in the book Jam'u al-Jawami'states: ‫لغيره‬ ‫مساويا‬ ‫أو‬ ‫أرجح‬ ‫يعتقده‬ ‫معينا‬ ‫مذهبا‬ ‫المجتهد‬ ‫غير‬ ‫التزام‬ Meaning: To hold fast apart from mujtahid to certain mazhab which he believes is stronger or equal to others.
Al-ʻAthar when commenting on the word "iltizam" explained that the meaning of "iltizam" is that people who practice in dealing with a religious problem do not take or seek answers except in certain schools of thought. This explanation reinforces the meaning of the school which is an important aspect in interpreting the imitation. Badr al-Din al-Zarkasyi made the statement of Taj al-Subki above as the definition of al-tamadzhub (bermazhab). Shaykh Ramadlan al-Buthi also explained that what is meant by mazhab is;

‫بعينه‬ ‫واحد‬ ‫التزم‬ ‫سواء‬ ‫مجتهد‬ ‫إمام‬ ‫مذهب‬ ‫اإلجتهاد‬ ‫رتبة‬ ‫يبلغ‬ ‫لم‬ ‫من‬ ‫أو‬ ‫العامي‬ ‫يقلد‬ ‫أن‬ ‫آخر‬ ‫على‬ ‫واحد‬ ‫من‬ ‫يتحول‬ ‫عاش‬ ‫أو‬
Meaning: Ordinary people or people who have not reached the rank of being able to perform ijtihad with the mujtahid Imam's mazhab, either he is tied to one particular mazhab or he lives moving from one school to another.
The need to study is actually a convenience and a blessing, it is clearly seen from the variety of opinions in various schools of thought that are very appropriate to be solutions according to physical conditions and the environment. How hard it is to be religious if all people have to perform ijtihad and many sectors that are human needs will be neglected if every human being is obliged to perform ijtihad, because to fulfill the requirements of ijtihad, of course it will take a long time to study it.
The advisors, administrators, and daily executives at LBM MUDI Mesjid Raya, even the pesantren's caretakers, all of them have mazhab, mazhab not directly claimed to be oldfashioned. Between mazhab and jumud there is no correlation between one another which is mutually binding, if jumud is interpreted as rigorous thinking of change even though it is very necessary, then mazhab is interpreted as an attitude of holding one's firmly to certain schools of worship and daily muamalah. There were many previous scholars of the caliber of Imam Bukhari and Muslim imams who were known as the most authentic narrators of hadith. This is a sign that ijtihad is not a necessity but an obligation for someone who already has the criteria and capacity as a mujtahid.
Fatwas, decrees, and guidelines for determining the law in the pesantren environment can certainly refer to the yellow book, the majority in the Syafi'i school of thought and sometimes also refer to other schools of thought. This provision is no different, whether the problems studied are related to the masail fiqhiyyah, the problem of Sufism, or the theology of monotheism, but what is most often studied and discussed is the actual problem related to fiqh. Schooling attitudes for pesantren have become a fundamental aspect of various religious mazhab. 'i. Even considering that Imam al-Nawawi belongs to the category of jumud who does not dare to do ijtihad, the funny thing is that those who comment like this do not realize that their capacity is very far from that of Imam al-Nawawi, let alone Imam al-Syafi'i.
Regarding the order of the books that are used as references in answering the problem, Imam al-Kurdi said; At a glance LBM MUDI Mesjid Raya in deciding and resolving problems (istinbat law) seems to ignore the Qur'an and Hadith as the first and foremost source of Islamic law. However, in essence, LBM MUDI prioritizes prudence in deciding legal issues so that there is a need to compromise the various opinions of previous scholars in the mu'tabarah yellow books. More than that, by referring to the yellow book again will avoid the exclusive and fundamentalist interpretation of the understanding of the Al-Qur'an and hadith. Impressed to be very careful in solving religious problems in this form is also inseparable from the view that the chain of conversion of Muslims to Islam cannot be broken from one generation to the next.

IV. Conclusion
The obligation to practice for those who do not have the capacity of a mujtahid is a fundamental argument for the application of the qauli method and the ilhaq method. Another paradigm that becomes the basic reference for the application of the qauli method is that referring to the yellow book will avoid exclusive and fundamentalist interpretations of the understanding of the Qur'an and hadith. The existence of a typical pesantren by maintaining scientific sanad (silsilah) makes the yellow book through the contextualization-oriented qauli method as a very original reference and very appropriate for interpreting the Al-Quran and hadith. The basic argumentation of applying istinbath with the ilhaq al-masail bi nadhairiha method is also caused by the opening of the door to interrupt some of the arguments and evidence which are used as a legal basis in the past. The opening of the door is very apparent from the existence of several rules which have a very universal meaning and are able to adapt according to the development of the times, these rules certainly open up opportunities for jurists to resolve religious problems in accordance with the formulation of fiqh which is consumptive. Even the scholars stressed the role of al-qawa'id al-fiqhiyah in solving the problem of furu'iyah is a necessity.