Bid`ah vs. Ijtihad In `Ibadah: A Preliminary Study on al-Shatibi’s Thought

Syed Mohd Jeffri bin Syed Jaafar & Dr. Saadan Bin Man

Department of Fiqh and Usul,

Academy of Islamic Studies,

University of Malaya, 50603 Kuala Lumpur

Tel: +6013-9655007 E-mail: syedjeffri89@gmail.com

The issue of bid`ah has been a subject of polemic amongst Muslim society for a long

time. This debate departs from different interpretations towards various specific

hadiths which denounce bid`ah in the religion, especially in matters related to `aqidah

as well as `ibadah. As far as `ibadah is concerned, some scholars view that there are

no ijtihad is permissible in ibadah, and if there any new form of `ibadah which is

resulted from so called ijtihad, this will be categorized as bid`ah which has no place in

Islam. However, some other scholars perceive that there are also good bid`ah (bid`ah

hasanah) in Islam which should be allowed to be practised by Muslims.

Abu Ishaq al-Shatibi (d 790H) was one of the great jurists who firmly believed that

there are no permissible ijtihad in `ibadah especially in terms of its ritual acts.

Amongst the medieval scholars, he was the pioneer of thought that perceive every

bid`ah is an error (dhalalah), even though there were many previous scholars such as

al-Shafi`i and al-`Izz b. `Abd al-Salam who believed that there are also good bid`ah

(bid`ah hasanah or mahmudah) in Islam.

This paper attempts to explore and analyze al-Shatibi’s thought and his

argumentations on this issue especially in matters of `ibadah. This study is qualitative

and will acquire data mainly from library research. The data then will be deductively

and inductively analyzed. Among the findings of this study are: bid`ah and ijtihad are

inter related to each other according to al-Shatibi’s point of view; and he tended to

apply the apparent meaning of hadiths which reject ever single bid`ah in Islam.

Introduction

Bid’ah and ijtihad are two different matters. In general, ijtihad is the efforts of a

mujtahid to deploy the ability to acquire Islamic law relating to acts mukallaf in the

way prescribed by Islamic law. Discussion of ijtihad semicolon less based on hadith

Mu’az bin Jabal when he was designated as representative in Yemen. As narrated by

Ahmad and Abu Dawud:

Means: In future, how will you judge when problem are brought to you? Muaz

replied: I'm going to judge based on the Book of Allah SWT ' Prophet asked

again, ' If you do not find the answer in the Book of Allah? Answer Muaz. I

will decide based on the Sunnah. Ask the Prophet again, if you do not find in

the Sunnah? ' Muaz replied, ' I'll be practising ijtihad and I won't ignore the

matter. The Prophet then patted the chest and said, praise be to Allah who has

given taufiq to Messenger Prophet Muhammad s.a.w. towards something that

is blessed by him. (Narrated by Ahmad and Abu Daud)

While the bid'ah is the practise of anything new, done without any previous instance.

In the discussion of this matter, the fuqaha have conflicted views againt these matter.

Some scholars divided bid'ah into two sects as there is bid’ah hasanah and bid'ah al-

dhalalah as Imam Syafi'i, Ibn Abd Salam and many others. While some deny the sect

of bid'ah to hasanah stating all bid'ah is misguided and forbidden in the religion. This

discussion viewed from a hadith of the Prophet (PBUH) who narrated by Imam Ibn

Majah (al-Qazwaini, 1417h):

Means: Be careful with all new things, indeed each new thing is bid'ah, and

every bid'ah is a misguidance. (Hadith Narrated By Ibn Majah)

al-Shatibi was born in the city of Andalus. Even though he dominated some discipline

knowledge, he is best known in the knowledge of fiqh. He is also among the most

outspoken Islamic scholar in discussing the issue of bid'ah and ijtihad. These proven

on two of his major works that are circulating to date which discussing bid'ah and

ijtihad in detail named as al-I'tisam and al-Muwafaqat. Therefore this study is an

initial review to view al-Shatibi in respect of bid'ah and ijtihad especially in worship.

Background al-Shatibi

His full name was Ibrahim bin Musa bin Muhammad al-Lakhmi al-Gharnati al-Maliki

known as kunniah Abu Ishak and most popular called by al-Shatibi (Kahalah, 1999).

He was born and died at Granada. He was born in the early century 8th Hijri.

Researchers argued in determining the year of his birth. There is an opinion that says

he was born before the year 720 h and some opinion says he was born around the year

730 h (al-Shatibi, 2005). Muhammad Abu Ajfan said that the author of biography did

not mention his birth year, but study might base on the demise of Abi Ja'afar ibn al-

Ziyat, his teacher who died in 728 h. From this statement, it strengthens the opinion

which says his birth year is 720 h (Dusuki, 2008). He is a scholar in usul, languages

and also tafsir (Kahalah, 1999). He died on a Tuesday which is on the 8 Sh'aban years

790 H/1388 M (al-Shatibi, 2005).

He was referred to Shatibah a district city in Andalusia (Spain) which is the residence

of his parents. He’s family tree pointed out to al-Lakhmi which shows that he was of

Arab descent from Lakhm race (Wang, 2011). Throughout his life, Imam al-Syatibi

never gets out of the city of Granada, whether for pilgrimage or claim of knowledge

(al-Shatibi, 2005).

During his study of religious education, he only received education from his teachers

in Andalus whether teachers living in Granada or from religious scholars who came to

Granada at the time. Imam al-Shatibi takes the opportunities to learn and engaging to

the religious scholars’. Muhammad Abu al-Ajfan says no less than twenty-five names

of the teacher Imam al-Shatibi has learned in different disciplines (Hasbullah, 2011).

He was into Arabic language from some teachers, among them Abu ' Abd Allah

Muhammad al-Fakhar Bayri (754 m) in the knowledge of qira'at, Abu Ja'afar Ahmad

bin Adam al-Syaqwari who teaches a grammatical knowledge through scripture

Sibawaih and alfiah Ibn Malik as well as the book of Qawanin bin Abi Rabi ', talkhis

al-bina ' al-fara'id al-talqin and mudawwanah a- kubra, Ahmad bin al-Lub Taglabi

(782 h) in grammatical knowledge. He learned education tafsir from Abu Abd Allah

al-Balansi (782 h), Hadis knowledge from Syams al-Din al-Tilmisani (781 h) and Abu

al-Qasim al-Bina, philosophy from Abu Ali Mansur al-Zawawi (753 h), knowledge of

Arts from Abu Bakr al-Qarsyi al-Hasymi (Ajfan, 1985).

Among the major works of Imam al-Shatibi's among scholars of Islam on this day is

the book of muwafaqat, al-i'tisam, kitab al-majalis, syarh al-khulasah, unwan al-

ittifaq fi ' ilm al-istiqaq, usul al-nahu and also al-ifadat wa al-insya'at.

The theory of Bid'ah according to al-Shatibi

The concept of Bid'ah

In terms of the language according to al-Shatibi (2005) origin "بدع" means create

something without any previous example. The word is pronounced in the words of

Allah:

Means: Allah creator of heaven and Earth. (Surah al-Baqarah 2: 117)

Based on this verse, it shows that Allah is the creator of the heavens and the

earth without any of its kind before. This is further amplified based on the verses of

surah al-Ahqaf verse 9:

Means: Say: Im not first messenger of messengers. (Surah al-Ahkaf 46: 9)

Based on the verses it reinforces tha the word "بدع" means create something without

any previous instance. From the above notion, it means that all new things without

any previous instance are bid'ah.

While in terms of terminology, al-Shatibi (2005) defines bid'ah as:

Means: The path create by human in religion, similar to the ideals in order to

adopt and practise them in order to over devote to Allah SWT.

According to him this sense does not include custom items. When elobrate this, Imam

al-Shatibi has explained in details so that those who understand it does not

misinterprate otherwise. The word "طريقة" has the same meaning as the word thariq,

sunan means ways of doing, related to "الدين" because its refer to things happen in

religion, not materialistic matters. While the word "تضاهي الشرعية" refer to thing which

similar to syariat, that the fact it was not part of syariat. For example to specify a

limitation for those who intentionally fast while standing and not sitting.

Next mentioned by "purpose in order to adopt and practise them in order to over

devote to Allah SWT" accomplish the purpose of real bid'ah. This is because Allah

SWT has said:

Means: And I did not create the Jinn and mankind except that they devote to

me. (Surah al-Dzariyaat 51: 56)

The perpetrator of bid'ah look at these matters like what they do in real life, but they

are not aware of what has been arranged and be restricted by ideas of syariat has been

sufficient to them (al-Shatibi, 2005). These are the summary details given by al-

Shatibi in describing the theory of bid'ah.

From the definition given, it can be formulated to three characteristics of bid'ah

accordance to al-Shatibi:

a) Bid'ah is a new thing that took place without any previous instance.

b) The new things that resemble is the syariat they practise in religion, in an

actual fact it is not derive from religion.

c) The purpose of doing was actually to over devote to Allah SWT.

Division of Bid'ah to Five Law

As acknowledges in the initial debate, there are two trends which discuss about bid'ah.

Their first line dividing the bid'ah into two which is bid'ah hasanah and as well bid'ah

sayyi'ah. While the flow of their second line saying all bid'ah in religion is

reprehensible.

Imam al-Shafi'i while describes the meaning of bid'ah, stated (al-Asfahani, 1996):

Translation: Bid'ah divided into two part, that is mahmudah bida’ah (praised

bida’ah) and madhmumah bid'ah (reprehensible bid'ah); if in line with the

Sunnah is considered to be mahmudah bida’ah while if contrary to the Sunnah

is considered to be madhmumah bida’ah.

Link to this, Ibn Abd Salam (2010) describes the meaning of bid'ah according to the

five laws. It is fard (obligatory), sunnah (circumcision), mubah (neutral), makruh

(discouraged), and haram (forbidden). He added, matters falling within the Islamic

method that it is obligatory, is obligatory. If it is included in the forbidden methods it

is illegal, if it is included in the method of circumcision then it is sunnah and if it is

included in the method that it is makruh it fall into makruh and if it is included in the

method that should be mubah then it mubah. This division also has been supported by

al-Qarrafi, who is the student to Ibn Abd Salam (al-Shatibi, 2005). Here are some

examples given by Ibn Abd Salam (2010) when parsing of the law division of bid'ah

to five law:

a) Obligatory: Things done to create things that are required by syara '. Like

learn a grammatical knowledge, balaghah and other. Reason, only with this

knowledge that one can understand the Qur'an and hadith Prophet Muhammad

SAW thoroughly.

b) Forbidden: Bid'ah contrary to Islamic law. Like Jabariyyaah and Murji'ah

sect.

c) Circumcision (sunnah): All the good doing, but never performed during the

time of the Prophet (PBUH). For example, Tarawih prayers as a congregation,

build madrasah and learning centre.

d) Discouraged: Doing decoration in the mosques with excessive décor.

e) Neutral: Like shaking hand after prayers and eat delicious food.

If you look at this distribution the defination bid'ah (takrifan) clearly opposite from

what has been brought by al-Shatibi. According to al-Shatibi all bid'ah are dalalah

misguided) even sect. bid'ah (hasanah) not even exist at all. To him, hadith from the

Prophet of "Every bid'ah is misguided" (al-Qazwaini, 1417h) clearly showed that

there is only one bid'ah and it’s all astray bid'ah.

While in rejecting example given, al-Shatibi says obligatory bid’ah mentioned by Ibn

Abd Salam and his followers was included in masalih mursalah debate, therefore

cannot be said it was bid'ah. Circumcision bid’ah for instance basically you were

rewarded with good in return no sin if left it. It’s also goes with example of illicit

bid'ah and essentially illegal acts and it’s clearly illicit as it’s has been explained by

the Prophet.

Al-Shatibi (2005) during the clarify of this division, stated:

Such Division is designing not based on any Islamic law even which there is a

contradiction because of the fact that bid'ah was not referred to any Islamic

basis of either Islamic nass nor any rules according to Islamic law. This is

because if there is a basis of the Islamic law that shows the obligatory,

circumcision and neutral (wajib, sunat and harus), then it was not called bid'ah

in fact doing it do fall within the category of practice instructed or made

optional. Bringing together between something that is considered to be bid'ah

basis which shows the obligatory, circumcision and neutral (wajib, sunat and

harus), is the act of bringing together two things mutually opposite.

Next al-Shatibi (2005) explained there are four compelling reason in rejecting the

distribution:

1. The condemnation found in the hadith "every bid'ah is misguided" was a

general in nature and is always found in the form of absolutely without any

exceptions at all.

2. A fixed pronunciation in general if found repeatly in some areas with a

supported by a number of syawahid (indicator followers). Also, if one can’t

find there are taqyid i.e. limitations or exceptions.

3. The al-Salaf al-Salih group from his companions and al-tabi'in and scholars

who follow their tracks have been agreed (ijma') for denouncing and

combating bid'ah. Therefore every bid'ah is exist and opposed againts it.

4. Logically, bid'ah itself contains the meaning of humiliation against the culprit.

Because every bid'ah is contrary to the order of the shari'ah (Allah SWT).

Realized or not, by doing a bid'ah then means ones have in turn leaves or

underestimate Allah’s law. Therefore, cannot be accepted by a healthy brain to

classify bid'ah as good or even were told to carry it out (compulsory). This is

due to the fact that bid'ah itself is a way that deliberately makes access by the

culprit to pervert the teachings of religion purposedly deliberate to ruin it.

Division of Bid'ah to Haqiqiyyah and Idafiyyah in Worship

No conflict in knowing whether bid'ah included in worship or not and necessarily the

answer is yes. However, according to al-Shatibi bid'ah can be seperated according to

the two main forms of haqiqiyyah bid'ah and idafiyyah bid'ah.

Bid'ah haqiqiyyah is a no principle either from the Qur'an, al-Sunnah, al-Ijma or other

basis proves from Islamic scholar in setting a law (al-Shatibi, 2005). What you can

learn here haqiqiyah bid'ah is a clearly misguidance. Among the practices included

within it such as adding raka'at in Salah willfully, legalize something that was banned

by Allah SWT and others.

The culprit whose doing Haqiqiyyah bid’ah will clearly gets larger sins punishment

from Allah. This is because this bid'ah was clearly againts syariah and invently add

into religion that has no basis at all is such a diversion of faith made by the flow of

Qadariyyah, reject ijma and legalize alcohol (Ardiansyah, 2009).

While the idafiyyah bid'ah is an act if viewed from an angle it is something gazetted

from other angles it is known as bid'ah ('Atiyyah, 1980). What can be seen here

idafiyyah bid'ah is combined or expanded add on matters of Sharia. This category has

become confusion among Muslims because there is no evidence that expound the

worship. Most of those who practice this bid'ah idafiyyah is those who using the basis

of the public evidence to support such practices.

In his writings, al-Shatibi mostly discuss about idafiyyah bid'ah, he said that the

haqiqiyyah is a bid'ah obviously deviated and wrong, scholars united to reject it while

idafiyyah often become warm debate among scholars. This is because the

complication in determining what is the basis of which could be the reason of such act

or the matter is clearly contrary to the Sunnah of Prophet Muhammad SAW (Ardiansyah, 2009).

In detailing the meaning of bid'ah idafiyyah, Imam al-Shatibi dividing idafiyyah into

two which are idafiyyah bid'ah which close to haqiqiyyah for example specify a

number of prayers or fasting on certain days that are not proves (al-Shatibi, 2005) for

instance al-Raghaib prayer (Prayer performed by twelve cycles on Friday night in the

month of Rajab with salam every two Raka'at. This prayer is performed by means of

specific ways) and idafiyyah bid'ah almost to the practise of the Prophet SAW until it

is considered sunnah in doing so for example are those who prefer to inconvenience

themselves while there is easy way for them to worship. For example using of hot

water for wudhu while there is cool water beside them. Similarly, one who wore bad

clothes while they are able to have the better of it (' Atiyyah, 1980). Also categorized

as idafiyyah bid'ah is things debated by some fuqaha that who have strong argument

in defending the practice they brought (al-Shatibi, 2005).

According to al-Shatibi idafiyyah bid'ah cannot be categorized to haqiqiyyah bid'ah

likewise cannot be referred to by the Sunnah of the Prophet (PBUH). Therefore, to

determine that an act of bid'ah or not does not require any other research. As for the

implementation of which required ihtiyat. It’s better to avoid the fear acts of bid'ah-in

rather than executing them. This because such problems including in the category of

mutasyabihat, so it's hard to find out the worship status accurately. Therefore needed

a deeper research (Ardiansyah, 2009).

In elaborate more debate about idafiyyah bid'ah, al-Shatibi (2005) has set some

guidelines to recognize such matters:

a) The occurrence of conflict basis for a mujtahid whether matter is gazetted or

not.

b) The dispute between the scholars beside muqallid in determining a law.

Examples of these second parts is much practise going on in malay society today, for

instance is community wirid, read yasin on Friday night, read a talqin on graves and

others. Based in these views, the author considers inappropriate to punish all the

practices adopted by the community these days as an error without any scrutiny or a

more detailed review of each of the practices. However, in order to overcome this al-

Shatibi preferred better to left off for precaution purposed, following it included in the

matters of mutasyabihat.

The Concept of Ijtihad

In the context of Islamic law, philosophy of ijtihad as one source of law is intended to

accommodate the needs of humans and the era. Even if it is able to function as a legal

mechanism of a contemporary yet in terms of application ijtihad itself it is still bound

by the framework of the Sharia. A law which through a process of ijtihad is intended

to meet the interests of the general public and in accordance with appropriate laws at

all times and places.

Ijtihad in terms of language is to pour the best of ability in earnest in practising a

thing or act. While from the point of the muslim scholars motion gives different

meaning. According to Imam Syaukani (2000) in his writings Irshad al-Fuhul defines

ijtihad as to focus all the ability to produce practical syara' law thru istinbat method.

Imam al-Amidi (2003) as in Ihkam fi Usul al-Ahkam explains the meaning of ijtihad

with devote all the energy to find law syara ' of a zhanni maximised possible until

there is no space for additional search capabilities.

While according to Imam al-Shatibi, he define ijtihad as:

Means: Devote every optimal effort in achieving legal knowledge or zhanni

(Zhanni according to juristic scholar is require one from two things in which

one is more powerful between the two and said it also is a strong effort in

getting knowledge (al-Wad'an, 1430 h).

Based on the meaning of ijtihad stated there is no significant difference has been

given by muslim scholars it can be deduced that ijtihad is a vigorous force in issuing

law syara ' based on the framework of Shariah. While someone who has the ability to

practising Ijtihad is called a mujtahid. According to al-Shatibi (2011) a person entitled

to practising ijtihad must have two main features, namely a person who is able to

understand the maqasid shariah perfectly and also capable of deeply understanding

the law based on the understanding of maqasid shariah.

Position of Ijtihad

Ijtihad ranked third after from al-Quran and al-Sunnah in placing a law. It is based on

the hadith Mu’az bin Jabal when he sent to Yemen and asked by the Prophet SAW on

how he will decide the law. He said the Quran then al-Sunnah and not having found

there in both of them he would be practising ijtihad. The Prophet SAW praised his

action.

In discussing ijtihad there will be arised kind of ijtihad outlined by motion Muslim

scholars. Part of them, agreed upon by each of the fuqaha and part of the exersices

debate by fuqaha. According to Wahba al-Zuhaily (2005) there are four legal sources

agreed upon by all fuqaha, al-Quran, al-Sunnah, Ijma and Qiyas while the rest is

debated by the fuqaha.

There are twelve sources of Islamic law and ten of them based on ijtihad as illustrated

below:

Schedule (a)

Debate on Ijtihad and Bid'ah in Worship

In discussing the relationship between ijtihad and bid'ah in worship, then we can’t

skip from discussing about masalih mursalah. This is because the elements of this

ijtihad are very much described by al-Shatibi on its confusing between an element of

maslahah and bid'ah in the worship.

Masalih mursalah is a form of betterment of human life or the reasonableness of

which basically in line with the requirements of Islamic law and its principles without

inherent basis of Islamic law that supports or againts it directly. It is in other words is

a method of practising ijtihad in Islam in used to issue a law to take care of human

betterment as well as prevent them from harm (al-Zuhaily, 1993).

ISLAMIC LAW RESOURCES

i) Al-Quran Revelation

ii) Al-Sunnah

iii) Consensus

iv) Analogical Reason

v) Jusristic Discretion

vi) Public Interest

vii) Local Custom

viii) Syar’u man Qablana Ijtihad

ix) Fatwas of the Companions

x) Presumption of Continuity (al-Istishab)

xi) Sadd al-Dhara’ei

xii) The practice of the people of Madina

According to al-Shatibi, his opinion on al-maslahah is something that is understood

and to reserved the slave right as to keep them to deprieve the betterment and

rejecting harm which not only based on the discovery of common sense. When

Islamic law gives recognition towards the rejection, Muslims ethnic totally agree of

the rejection as for the Betterment of those (al-Munawar, 1998).

In commenting about the discussion of al-maslahah. Al-Shatibi (2005) also

highlighted the fact that many people get confused untill it makes an element of

maslahah a space to do bid'ah in the worship with ratio to the acts of the Rasullullah

SAW companions and tabi'in. According to them, an element of maslahah itself is a

form of adaptation which does not have a specific policy. So it does not have syar'i

backup specifically and not a form of qiyas received.

They also consider an element of maslahah is a form of good bid'ah, because it's back

to the religion exersice that has an element of maslahah. So when an element of

maslahah is accepted, means a good bid'ah must be acceptable, because the sources

received for both is the same. On the other hand, if a good is not bid'ah accepted,

means an element of maslahah is also unacceptable. The argument also used by al-

Shatibi in reject ambiguity concept of al-istihsan.

Al-Shatibi (2005) in deliberating on this matter pointed out the need for three terms

during which anyone wants to argue using an element of maslahah:

a) An element of maslahah must be in line with the requirements of the maqasid

Sharia without denying any of its motion.

b) An element of maslahah is received by the logic of common sense in terms of

it’s rasionality. Nevertheless need to be firmly asserted maslahah will not

conclude in the debate on the worship because original law of worship is

received without looking at the reasons or ' illah. For example the gazzette of

ablution for prayer, fasting on certain days, hajj and others.

c) An element of maslahah should be referred to keeping of the maslahah daruri

or should refer to lift onerous hardship in religion.

Clear message delivered by al-Shatibi whereas maslahah absolutely cannot occur in

the subject of worship. He also pointed out that the need to separate between worship

and ijtihad. There are some arguments that can be understood from his debate:

a) Gazzetted of worship is a matter that cannot be understood through common

sense. For example different cycles of prayer, performed ablution and other

worship which the 'illah was not mentioned when it was gazzetted.

b) An element of maslahah is something that can be understood by common

sense.

c) Worship was gazzetted by Allah accordance with the needs of his slaves’, and

its not necessary to increase or decrease.

d) Bid'ah is adding the burden such as an excessive in performing such worship,

while an element of maslahah is to lighten or to lift human difficulties.

His opinion (al-Shatibi, 2005) is based on the word of Allah SWT. The syari’ah has

perfectly appears based on the verses of Surah al-Ma’idah which means: "I have

perfected for you your religion and I have given enough My Grace to you and I have

the Islamic religion of easing road for you. But whoever had to hunger (eat the things

haram/banned) but it is not likely to be sin (then may he eats it), for Allah is most

forgiving, most merciful ". (QS al-Māidah 5: 3)

It is strongly amplified with athar and practices from the Rasullullah SAW

companions to do worship follow what was done by previous generations, from

Huzaifah r. a says:

Every worship are not carried out by Rasullullah SAW companions, don’t you

guys do it, because earlier generations will not let the last generation form an

opinion. Therefore conscious of Allah o qari’ and follow the path of the people

before you.

In support of this view Dr. ‘Abd Illah bin Hussain (2012) says that the Muslim

scholars have agreed stated:

a) You should not add a new devotion to each existing worship but to follow

what is in the Quran and the Sunnah.

b) Analogy can not be carried out in worship.

While there are several methods of fiqh which is interconnected to support this point

of views (al-Jizani, t:t):

a) ال تثبت العبادة إال بالتوقيف

b) األصل في العبادات المقيدة: اإلتيان بها المقيدة

c) األصل في العبادات المطلقة: التوسعة

d) ما شرع من العبادات على وجه العموم ال يدل على على مشروعيته على الوجه الخصوص

Conclusion

Al-Shatibi is an outspoken fuqaha in voicing out bid'ah and ijtihad. He was among the

fuqaha who believe that everything regards to bid’ah is misguided. He also againts the

division of bid'ah to sect and dhalalah as well as akham al-khamsah. According to

him, bid'ah is something surely and occurs in worship however he still divides bid'ah

into two, known as haqiqiyyah and idafiyyah. However, in order to overcome

ambiguity of idafiyyah bid’ah, the matter would be better not to practise.

Meanwhile, ijtihad is the different elements with bid'ah. There are similarities

between ijtihad and bid'ah that both is new things which was not available in the nas.

However, ijtihad is accepted matters while the bid'ah is a rejected matter. Al-Shatibi

thought ijtihad only occurred in the matter other than worship. This is because

worship matters required human to executable without looking at the ‘illah gazzette,

contrast with ijtihad matters which in line with the requirement of maqasid syariah.

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