The Significance Of Ijtihad and Fatwa Methods in The Development Of Islamic Law In Indonesia

This article discusses the role of fatwas in the development of Islamic law, especially in Indonesia, which is institutionally represented by the Indonesian Ulema Council. The Qur'an and the Sunnah as the main sources of Islamic law are limited in terms of quantity, while the legal problems that arise in people's lives are increasingly complex and unlimited. To deal with various complex and novel problems, the legal requirements of which are sometimes not clearly stated in the Qur'an and the Sunnah, the application of ijtihad is absolutely necessary. One of the reasons for the formation of the Indonesian Ulema Council (MUI) was to face and respond to situations like this. As an Islamic institution that has the authority to issue fatwas, the MUI has an important position in the development of Islamic law in Indonesia. Therefore, the methods applied by the MUI in carrying out ijtihad and issuing fatwas related to various legal problems faced in society also have high urgency. This paper attempts to explore the ijtihad method used by the MUI in carrying out ijtihad and issuing fatwas. By using a qualitative approach, this research found that the MUI ijtihad method uses three approaches: the Nash Qath'i approach, the Qawli approach, and the Manhaji approach, which are based on the context.

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Publication Details

Journal
TAQNIN Jurnal Syariah dan Hukum
Published
2024-12-17
DOI
https://doi.org/10.30821/taqnin.v6i02.18229
Primary Topic
Legal Studies and Policies
Type
article
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article

The Significance Of Ijtihad and Fatwa Methods in The Development Of Islamic Law In Indonesia

Ihwan Agustono
TAQNIN Jurnal Syariah dan Hukum
Legal Studies and Policies
article

The Significance Of Ijtihad and Fatwa Methods in The Development Of Islamic Law In Indonesia

Ihwan Agustono
article en

Abstract

This article discusses the role of fatwas in the development of Islamic law, especially in Indonesia, which is institutionally represented by the Indonesian Ulema Council. The Qur'an and the Sunnah as the main sources of Islamic law are limited in terms of quantity, while the legal problems that arise in people's lives are increasingly complex and unlimited. To deal with various complex and novel problems, the legal requirements of which are sometimes not clearly stated in the Qur'an and the Sunnah, the application of ijtihad is absolutely necessary. One of the reasons for the formation of the Indonesian Ulema Council (MUI) was to face and respond to situations like this. As an Islamic institution that has the authority to issue fatwas, the MUI has an important position in the development of Islamic law in Indonesia. Therefore, the methods applied by the MUI in carrying out ijtihad and issuing fatwas related to various legal problems faced in society also have high urgency. This paper attempts to explore the ijtihad method used by the MUI in carrying out ijtihad and issuing fatwas. By using a qualitative approach, this research found that the MUI ijtihad method uses three approaches: the Nash Qath'i approach, the Qawli approach, and the Manhaji approach, which are based on the context.

TAQNIN Jurnal Syariah dan HukumVol. 6(02)
University of Darussalam Gontor (ID)
Openalex Percentile: Top 51%
Legal Studies and Policies
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