Abstract
. 'Alî made the decision diyat in Yemen, but not accepted by the tribes in Yemen, so that they said to the Prophet. This shows that ijtihad 'Alî was not followed by these tribes.' 'Alî has also been requested by Muâwiyah opinion on issues in the region, this shows the depth of the science of 'Ali. In this paper will be described ijtihad 'Alî in the book Muwatha' will then be sought about the extent jinâyah ijtihad was followed by the priests of his contemporaries and schools. There are two ijtihad Imâm 'Alî in Muwatha', the first woman who gave birth within six months is not proof that she committed adultery, ijtihad is followed by the schools of his contemporaries and the priests, the second sentence wine drinkers eighty lashes, this opinion is followed by 'Umar ibn Khaththâb, the Hanafî and Mâlikî. 
 Keywords: Ijtihad, ’Alî, Jinâyah
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