Investigating the Construction of Ijma in The Study of Islamic Law through Sociological and Historical Approach

Hidayati, Tri and Hidayatullah, Muhammad Syarif (2021) Investigating the Construction of Ijma in The Study of Islamic Law through Sociological and Historical Approach. MEDIA SYARI’AH: Wahana Kajian Hukum Islam dan Pranata Sosial, 23 (2). pp. 127-150. ISSN 2579-5090

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Abstract

This paper aims to examine the construction of ijma in the study of Islamic law through sociological and historical approaches. The research methods applied in this paper are research that explore qualitative data through literature studies. In legal research methods, this research is categorized as normative legal research with a conceptual approach. The concept of ijma becomes the object of study in this paper. Furthermore, the concept of ijma is examined with socio-historical analysis. The results of the discussion show that the difference in views on the concept of ijma as the basis of Islamic law that must be obeyed was influenced by normative arguments (propositions of the Qur'an and sunnah), which are references and different interpretations of legal propositions held as a basis of opinion. The difference in looking at the concept of ijma that can be used as a syar'iyyah (legal) argument also begins from the difference in setting the standard of definition and criteria (principles and conditions) of the ijmak itself and considering the capacity of the ijma in the sense an opinion of "all" or "the majority" of the scholars. In addition, the development of conceptions and laws about ijma is inseparable from the social setting in each period.

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