THE CONCEPT OF IJMA IN THE MODERN AGE; With Particular Reference to Muhammad Abduhs Theory

KHOIRUDDIN NASUTION, (2008) THE CONCEPT OF IJMA IN THE MODERN AGE; With Particular Reference to Muhammad Abduhs Theory. /Jurnal/Al-Jamiah/Al-Jamiah No. 56 Th. 1994/.

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Abstract

bIntroduction The Al-Quran and the Sunna of the Prophet are the main source of Islamic jurisprudence, from and through which the Islamic laws are derived. The Sunni jurists agree that ijma is the third source of Islamic law after the Quran and the Sunna of the Prophet. Even through some modern scholars, such as Snouck Hurgronje argues that ijma as a method and principle rather than its contents which are regarded as authoritative, not infallible. Islamic jurisprudence deals with acts of worship i (ibadat)/i, such as praying, fasting, zakat, etc. As well as with muamalat such legal transaction, family law, public activity, international commerce, international relations and so forth. After the death of the Prophet, to whom the Quran was revealed and from whom the Sunna came, Ijma and ijtihad, became imperative,since it was only through them that new problems, which the Quran and Sunna of the Prophet did not adequately explain could be solved. Jurists such as Malik, Shafii, Daud al-Zahiri, al-Amidi, al-Ghazali and others have all discussed the concepts of ijma in detail. The problem, however, is that their ideas are no longer applicable in modern times, given the tremendous changes in all spheres of life that have taken place since their day. The dinamics of modern society are entirely different. Consequently, it is necessary to determine the form which the concept of ijma, should take in modern times in order to answer and solve the current problem which confront Muslim society. This reform can be archievedby reexamining and reinterpreting medieval legal theory in accordance will the needs of the present time and environment an in the spirit of the Quran and the Sunna of the Prophet. Muhammad Abduh (1849-1905) was one of those who concerned themselves with legal reform. Even through he did not write on Islamic legal theory as such, his method of interpreting the Quran in his monumental iTafsir al-Manai, which was edited by Rashid rida, and his concern to resolve the legal and the other problems of his time, have a direct bearing on the question of reform in Islamic legal theory. This paper will attemp to analyze Abduhs methodological approach in Islamic jurisprudence, with particular reference to the concept of ijma. In order ti placev Abduhs views in perspective, it will be necessary to descrive the views of the Islamic modernists, such as Muhammad Iqbal, Kemal A. Faruki, Fazlur Rahman and others.

Item Type: Article
Uncontrolled Keywords: Concept, Ijma, Modern Age, Particular reference, Muhammad Abduhs Theory
Depositing User: Miftakhul Yazid Fuadi [staff it]
Date Deposited: 16 Jan 2017 09:51
Last Modified: 16 Jan 2017 09:51
URI: http://digilib.uin-suka.ac.id/id/eprint/475

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