TEORI IJMAK KONTEMPORER DAN RELEVANSINYA DENGAN LEGISLASI HUKUM ISLAM DI INDONESIA (ANALISIS NORMATIF–YURIDIS)

MOH BAHRUDIN, NIM. 073650-BR/S3 (2015) TEORI IJMAK KONTEMPORER DAN RELEVANSINYA DENGAN LEGISLASI HUKUM ISLAM DI INDONESIA (ANALISIS NORMATIF–YURIDIS). Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

	Text (TEORI IJMAK KONTEMPORER DAN RELEVANSINYA DENGAN LEGISLASI HUKUM ISLAM DI INDONESIA (ANALISIS NORMATIF–YURIDIS)) BAB I, VI, DAFTAR PUSTAKA.pdf Restricted to Registered users only Download (11MB)
	Text (TEORI IJMAK KONTEMPORER DAN RELEVANSINYA DENGAN LEGISLASI HUKUM ISLAM DI INDONESIA (ANALISIS NORMATIF–YURIDIS)) BAB II, III, IV.pdf Restricted to Registered users only Download (3MB)

Abstract

One of the significant terms in usul fiqih to be studied and criticized is ijma, because it occupies a strategic position in the development of Islamic laws. Ijma theory starts from the crystallization of basic Islamic teachings on deliberation and unity and recognizes the infallibility of the scholars’ consensus. There are a number of problems related to the theory of classical ijmak when associated with legal drafting in Indonesia, among others, (1) whether the validity of ijma necessitates the totality of the scholars’ opinion; (2) the mechanism to conduct ijma in this modern era; (3) whether the ijma authority is absolute or relative in nature; (4) whether Islamic laws in Indonesia can be categorized as ijma. This is a library research by means of descriptive-qualitative methods using philosophical approach, whereas the theory used is the theory of ijma. The study refers to the concept of positivistic that sees the law as a positive rule. Source of data is obtained from the library (library research), in the form of primary, secondary, and tertiary data with emphasis on normative-philosophic processes. Data processing includes the systematization and classification of data in chronological order. Interpretation of conclusion data is made to discover the nature of ijma and Islamic laws in Indonesia following their significance using inductive, deductive, comparative, and historical methods. After a thorough discussion and analysis, it is known that the validity of ijma does not necessitate the totality of scholars’ opinions and authority which is relative in nature. Ijma theory has three main pillars, namely the spirit of syūrā in a democratic and independent way, codification and unification of law, as well as recognizing the infallibility of the consensus of scholars. If the theory and procedures of ijma are compared with Islamic laws in Indonesia in terms of institutions, procedures, and mechanism, it appears the side of the similarities and differences. The principle of democracy, codification, and unification of law is inherent in the theory of ijma and legislation. The difference lies in the mechanism. Ijma runs naturally, while Islamic laws in Indonesian have no regulations that govern them. Therefore, the products of Islamic laws in Indonesia can be categorized as ijma.

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