الاجتهاد الصوري:نظرياته وتطبيقاته

The higher learning institution had been putting emphasis on Sharia Education
particularly in the teaching of Usul Fiqh due to its necessity in the current context.
However, it is frequently questioned whether the institution is capable in producing a
truly proficient and qualified mujtahid scholars that will be able to meet the pressing
current needs when the initial teaching of this subject did not implement practical
based teaching system. Hence, due to this reason, the re-evaluation of the current
teaching system is deemed necessary. In this thesis, the author proposes a new subject
in the Sharia field that is based on moot court h e w o r k which is called Moot Ijtibad.
To answer the question "why the Moot Court subject?", the Moot Court subject is a
subject which is compulsory to all law students which contains practical components
that allows students to act as lawyers in solving real law case scenarios using the
theories that they've learnt in their classes. Therefore, the Moot Ijtihad subject which
practices the principles of contemporary education had been proposed by the author as
it will provide the Sharia students with the opportunity to practice the Ijtihad and also
the process of issuing fatwa. In relation to this matter, the author will be using three
key methods. The h t method is the descriptive method. It will investigate the truth of
Usul Fiqh and the Moot Court subject and also collect the data related to
contemporary teaching methods. Then, through the inductive method, in finding the
solution to the main problem, the author will evaluate and probe the beliefs related to
the subject matter which are the weaknesses of Usul Fiqh teaching. Last but not least,
the third method is the deductive method. The author will collect and analyse the
problem that arises until it can lead to the establishment of a new practical based
subject which is named Moot Ijtihad. At the end of this study, the author will present
the flow of the proposed subject and it is anticipated that this subject will fulfil the
current needs for the ijtihad expertise and hopefully become an effective method in
producing qualified mujtahid.