Takhrij as a Method of Madhhab-Based Ijtihad in Determining the Rulings of Contemporary Nawāzil: An Epistemological Analysis between Qiyas, Taqlid, and Fiqh al-Wāqi‘

Abstract

The development of contemporary Islamic legal issues (nawāzil) demands an extraction method (istinbāṭ) capable of maintaining the Continuity of classical fiqh authority while remaining responsive to shifting modern realities. In this context, takhrīj emerges as a pivotal method within the ushul fiqh tradition, particularly following the decline of absolute ijtihad and the rise of madhhab-based orientations. However, studies on takhrīj have thus far focused predominantly on its technical applications, while its epistemological dimension as a form of madhhab-based ijtihad remains relatively under-explored. This research aims to analyze the essence of takhrīj as a method of madhhab-based ijtihad, examine its position between qiyās and taqlīd, and explain its relevance in determining contemporary nawāzil rulings. Using a qualitative approach with a normative-doctrinal method (library research), this study employs descriptive, conceptual, and applied analyses of turāth literature and contemporary studies. The results indicate that takhrīj is not merely a legal derivation technique, but rather an epistemological mechanism that proportionally connects texts, madhhab principles, and social reality. Within the structure of ushul fiqh, takhrīj occupies a position between absolute ijtihad and taqlīd, thus characterizing it as a form of structured madhhab-based ijtihad. Furthermore, this study finds that the methodological flexibility of takhrīj allows Islamic law to remain relevant in addressing contemporary problems, such as smart contracts, digital money, and fiqh al-wāqi‘, without departing from the framework of the madhhab’s ushul. The novelty of this research lies in its effort to reconstruct takhrīj not only as a method of fiqh but also as an epistemological paradigm for the development of contemporary Islamic law