Non-Conclusive Jurisprudential Issues According to The Shafi'i School in The Book Bidāyat Al-Hidāyah by Imam Al-Ghazali: An Initial Review

This article explains the method of determining the definitive opinion (al-mazhab al-mutamad) of the Shafi'i school as established by the jurists (fuqaha) of the school. Understanding and knowing this matter is crucial for students of knowledge, scholars of the school, legal practitioners, and muftis when dealing with the diversity of opinions among Shafi'i jurists in their works. An initial overview is conducted on the opinions of Imam al-Ghazali in his work Bidāyat al-Hidāyah that are not in line with the view of the definitive opinion of the school. This writing is qualitative and descriptive, involving a literature review through document analysis of Shafi'i fiqh heritage texts, especially the book Bidāyat al-Hidāyah, and the writings of contemporary scholars related to it. The results of this writing show that a thorough and detailed understanding of the procedures for determining the definitive opinion of the school is a fundamental basis when interacting with the heritage texts of the Shafi'i school. Without a clear understanding of this matter, any fatwa or legal ruling issued may not align with the principles of the school and cannot be relied upon as representing the school. Imam al-Ghazali belongs to the category of Aṣḥāb al-Wujūh who lived before the period of updating (taḥrīr) the school. Therefore, in the book Bidāyat al-Hidāyah, there are some fiqh issues that are not definitive according to the Shafi'i school. These issues are considered al-ikhtiyār, reflecting Imam al-Ghazali's independent reasoning (ijtihad) based on the scriptural sources. However, in matters of virtues and daily practices of a personal nature, not for issuing fatwas and legal rulings, it is not a mistake to follow these opinions.