Methodology of Ijtihad Jama'i: A Mechanism for Contemporary Fatwa Issuance
DOI:
https://doi.org/10.37231/mjis.2022.6.2.202Abstract
As time and period progress, issues that arise nowadays become more sophisticated and complex. Nonetheless, due to the adaptability of the ijtihad mechanism, Sharia, which is the rule that governs human civilization, is still able to offer a solution for every arising problem. Similar can be said regarding ijtihad, which is an instrument that renders Sharia’s dynamic, relevant and susceptible solutions. Ijtihad is now more likely to be performed collectively, which permits scholars with different areas of expertise or sub-expertise to discuss together and then decide on a fatwa based on the discourse. The ijtihad jama'i is performed by fatwa committees or organizations and institutions akin to it, as well as conferences and assemblies that tackle issues from the perspective of Sharia. It is organized systematically at the global, national, or institutional level. In addition, the ijtihad jama'i nowadays performs authoritatively, and the fatwa issued by it is bound to law and has legal significance. Thus, this study proposes an ijtihad jama'i methodology that encompasses the stages in resolving issues that arise. The study employed a content analysis and identified five stages for methodology of ijtihad jama’i, namely al-taṣwir, al-takyif, al-mushawarah, bayan al-ḥukm and al-ifta'. This ijtihad jama'i methodology would be beneficial to stakeholders such as fatwa committees, majma' fiqh, majma' buḥuth, conferences, seminars, fatwa, and research institutions in various domains, which are directly involved in resolving contemporary issues that necessitate fatwa issuance.
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