Yūsuf Al-Qarḍāwī's Istinbāṭ Method and Its Implementation in the Moderation of Islamic Law

This paper described the formulation of Yūsuf al-Qarḍāwī's isntinbāṭ method towards moderate fiqh. The choice of this theme was based on the existence of two demeanors in religion, between permissive and inclusive. Two main questions in this research were, first, how did Yūsuf al-Qarḍāwī formulate the istinbāṭ method for moderate fiqh? Second, how is the implementation of this method in formulating Islamic law? This paper concluded two things through a literature study with the descriptive-analytic method. First, there were six formulations of the istinbāṭ method for the moderation of Islamic law. a. Examining the maqāṣid contained in the text before determining Islamic law, b. Linking texts and Islamic law with texts and other Islamic laws. c. Understanding texts in the frame of asbāb (al-nuzūl or al-wurūd), both micro and macro. d. Distinguishing between constant maqāṣids and changing instruments. e. Adjusting between al-thawābit and almutaghayyirāt. f. Observing the difference between worship and mu’āmalah in terms of wisdom, ‘illah and maqāṣid. Second, this method of istinbāṭ could produce fiqh with a flexible, elastic, dynamic, adaptive, and easy-to-practice. Keyword: moderation; istinbāṭ method; Yūsuf al-Qarḍāwī; maqāṣid


Introduction
Some Muslims are rigid, stiff and strict in implementing Islamic teachings and intolerant to other groups and religions. They are exclusive, narrowminded, ghuluw (crossing the line) and try to achieve their goals through violence. Such religious manner and models arise because they comprehend the religious texts (nuṣūṣ al-sharī 'ah) literally. They ignore the context (asbāb alnuzūl and asbāb al-wurūd) and reject the contextual understanding because they think it can reduce the purity of nuṣūṣ al-sharī'ah. Moreover, they tend to monopolize the truth on the understanding and interpretation of nuṣūṣ alsharī'ah. As a result, they consider their understanding, opinions, and interpretations correct, while the opinions and understandings of other groups are wrong. So, they accuse groups outside their group of being wrong, heretical, and even infidels. They are also not good at distinguishing between religion (aldīn) and religious thought (al-afkār al-dīniyah). The diversity of understandings, interpretations, and opinions based on the reasoning of nuṣūṣ al-sharī'ah is a necessity. 1 At the same time, some other Muslims are very permissive. They are easy to justify something under the pretext of freedom and benefit. They prioritize reasoning in the hierarchy of Islamic legal arguments, then only use the Koran, al-Sunnah and al-ijmā '. Understanding and interpreting nuṣūṣ al-shari'ah tends to be non-literal, substantial, and contextual. This group examines the universal values contained in the text rather than sticking to the literal meaning. As a result, they deify the freedom of thought, assert the absolute freedom of religion, uphold equal rights and obligations between men and women regarding the separation of religion and state accede to the desacralization of Islamic turāth, etc. 2 Whereas for them, the benefits and enthusiasm of al-sharī'ah can invalidate nuṣūṣ al-qaṭ 'ī (clear and definite text). 3 or understanding of what the speaker is saying. 5 Meanwhile, in terms of terminology, fiqh is knowledge of shara' ʻamaliyah (deeds) laws resulting from tafṣīlī arguments. 6 Meanwhile, the author tries to explain moderate etymologically as the middle between the two ends 7 and the balance of everything. 8 In Arabic, it is called al-wasaṭiyah ( ‫,)الوسطية‬ a maṣdar ṣinā'ī form of the word al-wasaṭa. The word that corresponds to al-wasaṭiyah in Koran is found in three forms; isim, fi 'il,238;. The word wasaṭ can mean fair or choice and mean being in the middle between two ends. At the same time, al-awsaṭ is closer to the moderate meaning and far from the extreme meaning and can mean more critical, while al-wuṣṭā means a phenomenon between two things. 9 In terms of terminology, al-Qarḍāwī defines it as the equilibrium between two opposing or opposing sides. One side cannot be influenced by exposing the other side; one side does not take more rights, not transcend and marginalize the other side. The examples of two opposing sides are divinity (rabbāniyah) and humanity (insāniyah), spiritual (rūḥaniyah) and materialistic (mādiyah), ukhrawiyah and dunyawiyah, revelation and reason, regarding the past (māḍiyah) and regarding the future (mustaqbaliyah), individual (fardiyah) and collective (jamā'iyah), realistic (wāqi'iyah) and idealistic (mithāliyah), rights (ḥuqūq) and obligations (wājibāt), constant (thabāt) and transformation (taghayyur), naṣṣ and ijtihād, literalist (ẓāhiriyah) and substantive (maqāṣidiyah), 'āthar and logic (ra'y), and so on. 10 'Abdullāh bin Bayyah defines moderate as a combination between universal (kullī) and partial (juz'ī), the balance between maqāṣid and furū', the everchanging integration of text and al-maṣlaḥah, in setting fatwas. 11 Wahbah al-Zuhaylī describes the moderate as the middle in terms of faith, stance, behavior, systems, interactions, and morals from the universal paradigm. 12 Muḥammad Abū al-Fatḥ defines moderate as an effort to achieve perfect harmony and asymmetry between separate components or integral components in a unified whole. 13 While Muṣṭafā La'azūzī defines moderate as a state of speech and behavior that shuns excessive and ignorant attitudes. It is praiseworthy and necessary for warding off radicalism and keeping away from tendencies to extremes and neglect. 14 Based on some of the above definitions, it can be concluded that moderate fiqh is a knowledge of the laws of shara ' 'amaliyah resulting from a study of nuṣūṣ al-juz'iyah, arguments of shara', and maqāṣid alsharī'ah by combining and integrating each other.

Yūsuf al-Qarḍāwī's Version of the Istinbāṭ Methods of the Moderate Fiqh
Moderate jurisprudence is drawn from the istinbāṭ method with a moderate pattern. Yūsuf al-Qarḍāwī, as a moderate thinker, formulated several methods of moderate fiqh istinbāṭ as follows.

Ainol Yaqin
AL-AHKAM 114 ║ Vol 31, No 1, April 2021 law prescribed to human is intended to realize maqāṣid al-sharī'ah. It is based on research on a number of the arguments of the Koran and Sunnah. 16 Understanding maqāṣid al-sharī'ah comprehensively and establishing Islamic law based on maqāṣid considerations is very important in the logic of ijtihād. 17 Maqāṣid al-sharī'ah is not merely theoretical but is researched and applied in applying Islamic law, 18 and it can be used as a source. 19 Any Islamic law that contradicts maqāṣid is invalid. 20 Therefore, faqīh, mujtahid, and mustanbiṭ must always think about maqāṣid in every stipulating Islamic law. 21 An opinion regarding Islamic law can be taken, followed, and applied if it emerges from a consequences of Islamic law. Muḥammad 'Abd al-'Ᾱṭī Muḥammad 'Alī, Al-Maqāṣid al-Shar'iyah wa Atharuhā fī al-Fiqh al-Islāmī (Kairo: Dār al-Hadīth, 2007), 267; Aḥmad al-Raysūnī, Naẓariyah al-Maqāṣīd 'ind al-Imām al-Shāṭībī (Riyad: Al-Dār al-'Alamiyah li al-Kitāb al-Islāmī wa al- Ma'hād al-'Alamī al-Fikr al-Islāmī, 1995), 363; Al-Qarḍāwī, Dirāsah fī Fiqh Maqāṣid al- 155. 16 Muḥammad al-Ṭāhir ibn 'Ᾱshūr, Maqāṣid al-Sharī'ah al-Islāmiyah (Yordania: Dār al-Nafā'is, 2001) 71. 19 Al-Raysūnī, Al-Tajdīd al- 725. 20 Hammādī 'Ubaydī, Al-Shāṭibī wa Maqāṣid al- Sharī'ah (Beirut: Dār Qutaybah, 1992), 150; al-Shāṭibī, Al-Muwāfaqāt fī Uṣūl al- Sharī'ah,vols IV;43;725. mujtahid who knows maqāṣid al-sharī'ah extensively and deeply. 22 A person who does not understand and pay attention to maqāṣid in every commandment (al-'amr) and prohibition (al-nahy) he does not have the intelligence to stipulate Islamic law, 23 because maqāṣid is the essence, wisdom of al-sharī'ah 24 and the foundation for mujtahids. 25 Knowing the benefit of humans is an essential part of formulating Islamic law. 26 Suppose Islamic law cannot realize benefit due to time, place, and condition. It cannot be implemented at that time, and its implementation is postponed until it can manifest the benefits. 27 Analyzing reality and thinking about the application of maqāṣid are very important in doing ijtihād. 28 In this case, the significance observes the reality comprehensively in terms of time, place, local customs, and legal objects (person or public). 29 In addition, because the texts are not likely to increase while the problems continue to develop, doing ijtihād based on maqāṣid is necessary. 30 Islamic law is applied with due observance of maqāṣid by the conditions of the local community. 31 To deny maqāṣid is the same as eliminating the spirit in fiqh. 32 An example related to this method is the beard problem. It is described in three ṣaḥīḥ traditions. It is essential to know the meaning of al-'amr in the editorial of the ḥadīth. Is it an obligation, or is it just a sunnah? Ibn ' Umar narrates the first ḥadīth. The Holy Prophet said: 33 Be different from the idolaters, lengthen the beard and cut the moustache." In another narration from ibn 'Umar, he mentioned the Magi to the Messenger of Allah; then he said: 34 They grow mustaches and shave beards, different from them." The second ḥadīth narrated by Abū Hurayrah. The Holy Prophet said: 35

lengthen the beard and be different from the Magi."
The third ḥadīth narrated by Abū Umāmah al-Bāhilī. 36 If we observe the three ḥadīths above, we find a common thread that the maqāṣid in the command to lengthen beard has a reason ('illah), which is not resembling the shape and appearance of non-Muslims. It is crucial to do, especially during the early days of the formation of Islam. Muslims must have an independent character that differentiates them from other people. Thus, if the beard problem is related to 'illah, then the rule of presence and absence of law, related to 'illah applies, 37 namely ‫اْلسلمين‬ ‫لغير‬ ‫اْلخالفة‬ (different from non-Muslims). 38 Moreover, ‫اْلسلمين‬ ‫لغير‬ ‫اْلخالفة‬ when viewed from the priority scale; ḍarūriyah (immediate needs), ḥājiyah (secondary needs), and taḥsīniyah (tertiary needs)). It is more in line with taḥsīniyah, not ḥājiyah, let alone ḍarūriyah. Therefore, it is not obligatory to synchronize with the Sunnah. This provision is in line with the wisdom of the promulgation of the law. 39 As a Muslim-majority country, such as Indonesia, Pakistan, Bangladesh, Egypt, Malaysia, Nigeria, Turkey, Algeria, and Morocco, it is better to leave different symbols. So that inter-religious people can live in harmony, interact and communicate well. Thus, Islam rahmah li al-ālamīn can be realized through good words and deeds, warding off danger, and together creating unity and integrity and building national civilization.  'iyah, 157-58. 39 Al-Qarḍāwī, 158.

Linking texts and Islamic law with texts and other Islamic laws
The second method is to combine one text with another and observe Islamic law extensively and comprehensively. 40 The reading of texts systematically and comprehensively can combine al-kulliyāt al -'āmmah and al-adillah al-khāṣṣah 41 so that maqāṣid al-sharī'ah can be known. 42 Paying attention to particularities within a universal frame becomes necessary in applying particular arguments. 43 Therefore, reading partial arguments when doing ijtihād must be accompanied by thinking about the universality of sharī 'ah, al-maqāṣid al-'āmmah, and comprehensive fiqh rules. 44 Underestimating one of the results a mistake in understanding texts and determining Islamic law. This kind of recitation can only be done by knowing the maqāṣid and mastering universal propositions. 45 Suppose there is a contradiction between universal rules and particular texts. In that case, one should combine them by compiling texts on one theme and contemplating the universal rules of sharī'ah 46 because the particular ones are only established by preserving the universal. It became clear after exposing the maqāṣid al-sharī 'ah. 47 Thus, the correct and perfect ijtihād is to study partial propositions, universal propositions, and al-maqāṣid al-'āmmah in responding to every problem of Islamic law. 48 Integrating chapters of fiqh such as jurisprudence, mu 'āmalah, munākaḥah, jināyah, sanctions, lawsuits, indictments, Islamic politics, jihād, and international relations is needed in doing jihad because all fiqh matters are interrelated. 49 This kind of method can provide solutions to various problems faced by Muslims in the era of globalization and disruption.
Combining verses with verses and ḥadīths is necessary to understand the text. It is because they are related and explained to each other. Other verses detail global verses, and other verses limit verses that are vague by other verses, verses that are muṭlaq, and so on. 50 Likewise, ḥadīth, when it is global, muṭlaq, and vague, is detailed, limited, and clarified by other ḥadīths. 51 Thus, integrating texts into a must to produce a complete understanding can reveal the text's purpose.
An example of this second method is isbāl. Some Ḥadīth called it muṭlaq editorial, and other ḥadīths use taqyīd (limitation). Muslim narrated the ḥadīth, which is muṭlaq in nature from Abū Dhar. The Holy Prophet said: 52 On the Day of Resurrection, Allah will not see anyone pulling his clothes out of pride." Muslim narrated another ḥadīth with the same theme from Abū Hurayrah and Ibn 'Umar. The Holy Prophet said: 55 On the Day of Resurrection, Allah will not look at anyone who sticks out a scabbard out of arrogance." A ḥadīth narrated by Muslim from ibn 'Umar, he heard Rasūlullāh said: 56

Whoever extends the scabbard with the intention of boasting, Allah will not see it on the Day of Resurrection."
After combining some of these traditions, the first ḥadīth, which is muṭlaq, is limited (taqyīd) by the following three traditions. Al-Nawawi and Ibn Ḥajr assert that the absoluteness of the prohibition of lengthening clothes is limited by arrogance. 57 More than that, Ibn Ḥajr explained that the sin of increasing clothes is due to pride. So that in terms of prohibition, isbāl is simply due to arrogance.

Understanding text in the asbāb al-nuzūl and asbāb al-wurūd frame
Text can be understood correctly by studying the causes, environment, and conditions. The context behind the decline of the texts is known as asbāb alnuzūl al-Qur'ān 59 and asbāb al-wurūd al-ḥadīth 60 , both micro and macro. Micro asbāb is a specific cause behind a revealed verse or ḥadīth said. Meanwhile, the macro asbāb is a generic cause that surrounds the Koran when revealed and the ḥadīth when it is said, which includes socio-political, socio-economic, and sociocultural aspects. 61 Knowing asbāb is the entrance to understand the wisdom of the promulgation of the law, maqāṣid al-sharī'ah, and the accuracy of understanding texts. 62 Ibn Daqīq al-'Īd explained that the deciphering of asbāb al-nuzūl is the best method in understanding the meanings of the Koran. 63 In line with him, al-Wāḥidī explained that the interpretation of a verse could not be known without first understanding the description of the asbāb al-nuzūl. 64 Ibn Taymiyah also explained that knowing asbāb al-nuzūl can help in understanding a verse. 65 Knowing asbāb al-nuzūl is a necessity in exploring the meaning of the Koran. It is for two reasons. First, maqāṣid al-qur'ān can only be known by understanding the circumstances surrounding them because one word may have many meanings according to the indication (qarīnah) and the demands of the situation. Knowing asbāb al-nuzūl can clarify the ambiguity of the meaning that is in the Koran. Second, the lack of knowledge about asbāb al-nuzūl can confuse and result in a clear text becoming blurry, so that it often results in disagreements and differences in understanding. 66 Ignoring the asbāb al-nuzūl results in a failure to understand the texts and find maqāṣid.
There are three ways to understand the texts; first, to think about the early days of Islam -the social, economic, political and cultural climates at that time -. This kind of contemplation can examine the meaning of a text. The error in interpreting texts is due to being trapped in the conditions of social reality in which they live, not referring to the conditions of social existence when the Koran was revealed. Second, to think about mental and social situations when the Koran was revealed. Third, to contemplate the time and place when the Koran was revealed. These three ways, when used, can lead to the correct meaning of the text because the illustrative language style is spoken according to the context. 67 If only after studying the asbāb al-nuzūl is the most appropriate way to understand the Koran, then understanding the asbāb al-wurūd is the right way to grasp the meaning of the ḥadīth. The characteristics of the Koran describe universal principles, while ḥadīths often respond to problems that are casuistic, partial, and temporal. It also explained specific and complicated things that are not found in the Koran. Therefore, it is necessary to distinguish between particular and global, temporal and eternal, partial and universal. Placing each section according to its provisions then paying attention to the context, conditions, and asbāb al-wurūd can help correct understanding. 68 In-depth research on a ḥadīth can open the view that sometimes ḥadīths are said for specific reasons, related to certain 'illah, or answer a particular case that happened at that time.
The example for this method is the ḥadīth regarding appointing a leader from the Quraish tribe. In a ḥadīth narrated by Anas ibn Mālik, the Holy Prophet said: 69 ‫يش‬ ‫قر‬ ‫من‬ ‫اْلئمة‬ "The leaders were from the tribe of Quraish." The above ḥadīth requires a leader from the Quraish tribe. However, when scrutinized, the ḥadīth speaks of siyāsah (politics), which is 'illah and whose purpose is reasonable (ma'qūl al-ma 'nā). Therefore, the provisions in the ḥadīth do not apply absolutely but are casuistic, partial, and temporal to bring benefit and prevent damage at that time. In this connection, the rule of "law relating to the presence and absence of an 'illah" applies. In addition, the context of the ḥadīth illustrates that the Quraysh tribe controlled the strength and ethnicity at that time. Based on this case, ibn Khaldūn stated that the caliphate and empire were built on stability and race. According to him, the requisite requirement of the Quraysh is to reject strife and contention because they have ethnicity and power. Al-Shāri' does not specify law on one time and one people but is related to al-kifāyah (capability). Therefore, the 'illah contained in the Quraysh is not purely tribal. Thus, the requirement for a leader is to come from a people who have the most influence and power in his time so that he is followed by his people and is in one good command and protection. 70 The ḥadīth thus explains the reality that happened at that time, and the essence of the leader's requirement is capability, not ethnicity. In modern times, 68 Al-Qarḍāwī, Kayf Nata 146;Ḥaswah,149;127. 69 Aḥmad ibn 'Alī ibn Mathanna al-Tamīmī, Musnad Abī Ya'lā al-Mawṣalī (Beirut: Dār al-Thaqāfah al-'Arabiyah, 1992), 321. countries that apply a democratic system, for example, the people's voice, determine a leader's election. The existence of majority vote support in general elections proves whether a leader is capable or not.

Distinguishing between constant maqāṣid and changing instruments
Every text that affirms the commands, prohibitions, and laws of Islam must be a purpose from al-Shāri '. As for the means as a means to an end is not specified in detail, because they can change according to changes in time, place, tradition, social, economic and political conditions. This fact allows people to engage in ijtihād in choosing, innovating, 71 and developing it in line with the situation, local conditions, benefits, and is not fixated on certain instruments. 72 Al-Qarāfī explained that the source of Islamic law has two parts; first, al-maqāṣid are goals that contain maṣlaḥah and mafsadah. Second, al-wasā'il are the means used to achieve the goal. 73 Ibn 'Ᾱshur defined maqāṣid as actions intended to be accomplished in various ways and pursued earnestly with complete obedience. While al-wasā'il are the means implied to obtain the law ideally, a goal is sometimes not achieved without means. 74 The instrument law follows the maqāṣid law, as explained by al-Jawziyah and al-Qarāfī that because maqāṣid (goals) cannot be performed without the instrument, the law accompanies the maqāṣid law. 75 Therefore, the means that lead to the prohibition, damage, and immorality of the law are prohibited (forbidden or impregnated). Meanwhile, the intermediaries who lead to obedience and benefit are ordered (obliged or punished). 76 The majority of the texts of the Koran, which regulate mu'āmalah, were revealed globally. It contains general rules and basic principles. Thus, the role of reason in this field serves to find Islamic law by the goodness of humans and nature. 77 In addition, most of the texts of al-sharī'ah only define al-mabādi ' (principles) and al-maqāṣid (goals) without specifying the mediums. This situation makes it easier for humans to fill by their problems. He can use the methods of qiyās, istiḥsān, maṣlaḥah mursalah, 'urf, istiṣḥāb and so on. However, al-Shāri' sometimes mentions specific instruments according to the place and time. Still, it is not intended as al-wasīlah, which applies universally and eternally in every place and time. 78 There are two kinds of wasā'il (means), first, al-wasā 'il al-thābitah (constant means). It is interpreted as specific means that have been established by al-Shāri' to reach maqāṣid. If the standards are not practiced or changed, it can cause the maqāṣid to become corrupt and change. 79 Second, al-wasā'il almutaghayyirah (means that are not fixed). It is defined as means that change according to changing situations and conditions. Maqāṣid, in this case, is discovered through the process of ijtihād. 80 Determining some of the means that are temporal and situational can lead to misinterpretation and slip in understanding nuṣūṣ al-sharī'ah. According to al-Qarḍāwī, the study of nusūṣ should be carried out until its substance, namely the established and eternal goal. Meanwhile, facilities can change and adapt according to changing times, places, conditions, environment, culture, human needs, science and technology, and other influences. 81 76 Al-Raysūnī, Al-Fikr al-Maqāṣidī Qawā'iduh wa Fawā'iduh, 81;Al-Wakīlī, Fiqh al-Awwaliyāt Dirāsah fī al-Ḍawābiṭ, 237-38;Zahrah, Ibn Ḥanbal Ḥayātuh wa 'Aṣruh Ārā'uh wa Fiqhuh, 365. 77 Wahbah al-Zuhaylī, Al-Wajīz fī Uṣūl al-Fiqh (Beirut: Dār al-Fikr, 1999), 33. 78 Sa'īd Ismā'īl 'Alī, Al-Sunnah al-Nabawiyah Ru'yah Tarbawiyah (Kairo: Dār al-Fikr al-'Arabī, 2002), 478; Al-Qarḍāwī, Dirāsah fī Fiqh Maqāṣid al- vols I;[65][66][67]vols I;[67][68]73. 81 Mu'taz al-Khaṭīb, 'Manhajiyah al-Maqāṣid wa al-Wasā'il fī al-Ijtihād al-Fiqhī', Majallah al-Fikr al-Islāmī al-Mu'āṣir 18, no. 71 (2013): 69, 72;Al-Qarḍāwī, Dirāsah fī Fiqh Maqāṣid al-Sharī'ah bayn al-Maqāṣid al-Kulliyah wa al-Nuṣūṣ al-Instrument transformation is a necessity. It can metamorphose from one time to another and from one place to another. Therefore, if the text mentions a specific means, it explains a phenomenon at that time. So that these means cannot limit the universality of the text, it gives room for reason to think of other means that are more suitable, modern, and up-to-date in line with the progress of human civilization. 82 The standards mentioned in the text may be updated with other, more relevant means. 83 Even if you carry out the means that the text has noted, it can waste the more essential means in achieving the goal. Al-Shāṭibī stated that every argument in the Koran is absolute-without limitations, there are no specific provisions and standards-then the target text must be sought using the ability of reason. The majority of mu'āmalah and customary issues are related to this part, such as being fair, doing good, forgiving, patient, grateful, and other noble deeds. 84 These noble qualities are maqāṣid, which contain benefits. Meanwhile, the means not mentioned by al-Shāri' are intended so that people can freely develop them through the advancement of science and technology.
An example relevant to this method is the principle of deliberation, especially in political matters. Surah al-Shūrā Verse 38 explains this principle. The two verses above explicitly explain the principle of deliberation in political affairs, state administration, and other civil matters. However, he did not specify the form of deliberation, the participants, the method of consideration, and choosing a leader.
The text did not specify specific instruments in deliberation. The aim is to solve problems in Muslims' lives, especially political, social and economic problems. Al-Shāri' gives breadth to Muslims in choosing and developing these instruments according to the times. 85 Based on these principles, Indonesia, a democratic country, involves its people in electing executive and legislative institutions. The goal is that those elected can represent them to discuss the problems of the people, nation, and state for social justice for all Indonesian people. The representation of people's aspirations through these institutions is one of the many instruments in the principle of deliberation governed by the texts.

Adjusting between al-thawābit and al-mutaghayyirāt
On the one hand, Islamic law has an al-thabāt (constant) dimension, and the other has an al-taghayyur or al-murūnah (flexible) dimension. The moderate fiqh ijtihād method adapts and pays attention to both. The harmony of al-thabāt and al-murūnah emanates from the Koran, which presents universal principles and global propositions. It is rare to find a detailed and partial description of the verses of al-aḥkām. In addition, the majority of verses juz 'iyāt (partial) in their designation to the law are in the form of ẓannī al-dalālah (multi-interpretation), and only a few are in the form of qaṭ'ī al-dalālah (firm and definite). 86 Al-nuṣūṣ al-ẓanniyāt opens the space for the emergence of various understandings and interpretations so that Islamic law as a product of ijtihād becomes a neverending treasure trove of Islamic intellectual property. He is always fresh, adaptive, and dynamic at the fast pace of human civilization. orphan property, accusing adultery without evidence, fleeing war, false witnesses, disobedience to parents, breaking up a friendship, slander, slander, lying, and abusing human honour. 88 e. The hidden haram things, such as pride, trickery, jealousy, hatred, showing off, being proud, following lust, and being greedy. f. the fundamental law of shara' which is qat'ī, such as eating, drinking, dressing, buying and selling, financial transactions, marriage, divorce, testament, inheritance, and sanctions such as ḥudūd and qiṣāṣ. 89 These laws are constant and qaṭ 'ī, both al-thubūt and al-dalālah. Ijtihād is forbidden on this kind of qaṭ'ī.
While al-mutaghayyirāt is related to the law of furū' (fiqh), which is produced from the text ẓannī al-thubūt, ẓannī al-dalālah, 90 or both, rules resulting from ijtihād can change due to changes in place, time, and human morals. 91 Ijtihād activity in this ẓannī case is necessary for understanding the text and determining Islamic law. As a result of ijtihād, differences of opinion are commonplace; all contain the possibility of being right or wrong. Therefore, reforms and changes resulting from ijtihād must occur in line with these changes. 92 The reform of Islamic law is intended to achieve al-Shāri's goals, namely providing benefits and avoiding damage. 93 There are two kinds of Islamic law. First, it comes from a clear text and ijmā'. This first type of Islamic law has not changed. Second, Islamic law that results from ijtihād with the method of maṣlaḥah, qiyās, or 'urf (customs). This second type changes. Everything that changes is a legal instrument and not a law itself. In general, al-Shāri' does not limit specific means in reaching the maqāṣid al-"The wisdom of worship in general is obeying Allah's commandments, obeying, exalting and facing only Him. It does not have a special 'illah which can be understood by special laws from it." Second, logical reasoning argument. Al-Shāri' does not explain a proposition that shows breadth in worship. In contrast to mu'āmalah, which is looser. In fact, in terms of worship, the arguments are detailed. It shows that the provisions of worship stop at this limit. Likewise, al-munāsib -a trait seen as a legal motivation-is limited by something that has no equivalent in worship. Such as a problematic situation -due to traveling -allows qasr, ifṭār, and jama' prayers. Meanwhile, difficulties other than travel cannot be a legal consideration.
Third, the worship services at the time of fatrah -the times when no Prophet was sent -could not be known by the scholars as they knew the meaning of 'illah and maqāṣid in adat and mu'āmalah. According to al-Shāṭibī, generally they were lost and deviated from the right path in terms of worship. They changed the previous sharī'ah according to their wishes. 97 This situation shows that reason cannot know the meaning and provisions of worship, but requires guidance from the text. Therefore, in terms of worship, it must be returned to the provisions of al-Shāri', namely the element of ta'abbudī (merely worshipping Allah). 98 perfect it. Therefore, al-Shāri' confirmed several laws that were already in effect in the era of ignorance, such as diyat, qasāmah, gathering on Friday to listen to the sermon, qirāḍ, kiswah (Kabah clothes), and all the deeds, transactions, and customs that good that makes sense. 100 An example of this method is regarding the law of productive waqf. Based on the purpose of waqf, which is to provide for the welfare of the poor, the waqf objects may be managed productively. Utilizing waqf property so that it brings many benefits to people's lives is justified by sharī'ah. Management and distribution of waqf are only for the benefit. Therefore, the nāẓir is required to see the development of the era, place, and benefit. The results of productive waqf can be distributed to community guidance and development programs, such as; the social sector in the form of building bridges, public restrooms, mosques; education sector in the form of scholarships for low-income families, establishing schools, libraries, skills training; health sector in the form of medical assistance for the poor and training in making herbal medicines; economic sector in the form of capital assistance and development, agricultural business development, livestock breeding; da'wah in the form of preaching, teacher salaries and wages for imams and mosque administrators.

Conclusion
Based on the description above, this paper concludes that, first, the istinbāṭ method for moderate fiqh is indispensable to produce Islamic law that is flexible, elastic, adaptive, easy to practice and to spread benefit. The istinbāṭ method takes into account the relationship between texts, maqāṣid, reality, and the present context. With it, jurisprudence can avoid extremities and tendencies towards conservatives and liberals. This method integrates naql and reason, text, context, and maqāṣid al-sharī 'ah, maqāṣid al-sharī'ah and furū' (fiqh matters), kullī (universal) and juz'ī (partial), as well as the universality of texts and the specificity of the situation. Second, the istinbāṭ method for moderate fiqh by Yūsuf al-Qarḍāwī as follows. a. Examining the maqāṣid contained in the texts before determining Islamic law. b. Linking texts and Islamic law with texts and other Islamic laws. c. Understanding texts in the frame of asbāb al-nuzūl or alwurūd, both micro and macro. d. Distinguishing between constant maqāṣid and