Terminologi Al-Ikhtiyar dalam Mazhab Syafie dan Penentuan Pendapat Muktamad: Analisis Ikhtiyarat Fiqhiyyah Imam Al-Ghazali dalam Kitab Bidāyat

This article explains the method of determining and selecting the authoritative opinions of the Shāfi‘ī madhhab as determined by the later jurists (al-mutaakhkhirīn) through understanding some of the main terminologies that have been agreed upon. A brief review and analysis were conducted on several opinions (al-ikhtiyārat) of Imam al-Ghazali in his work Bidāyat al-Hidāyah that differ from the conclusive view of the Shāfi‘ī school. This writing is qualitative and descriptive in nature, involving library research and content analysis of the Shāfi‘ites classical jurisprudence texts, the books of Imam al-Ghazali, especially Bidāyat al-Hidāyah, as well as the writings of relevant contemporary scholars. The results of this study show that a thorough and detailed knowledge and understanding of the procedure for determining the final or authoritative view of the madhhab is an important basis in interacting with the Shāfi‘ites classical texts. Al-ikhtiyār is an ijtihād (independent judgement) by a mujtahid which is not in line with the madhhab of his imam in some issues or contradicts the authoritative opinion of the madhhab due to the existence of evidence. Thus, this opinion cannot be attributed to the madhhab. Imam al-Ghazali belongs to the group of Aṣḥāb al-Wujūh, who lived before the time of taḥrīr (updating) of the madhhab. Therefore, in the book Bidāyat al-Hidāyah some fiqh issues are not conclusive according to the Shāfi‘ī school of thought. This problem is considered an al-ikhtiyārat of Imam al-Ghazali based on his ijtihād towards the Sharī‘ah texts. Al-ikhtiyārat of Imam al-Ghazali in this book is only found in seven fiqh issues related to the sunnah during ablution and prayer. As this book is more focused on the methods and manners for someone who wants to get closer to Allah SWT, the fiqh issues discussed by Imam al-Ghazali are considered faḍā’il al-a‘māl (the virtues of deeds) and personal daily practices, not intended for issuing fatwas and legal rulings in relation to it. Hence, it is permissible for us to follow such opinions.