IJMA '
A. Definition
of Ijma '
1. According to
the language
Ijma 'by
language means agree, agree or disagree.
2. According to
the terms
According to
the term ijma 'is an agreement about the mujtahid Ummah Islamic rules' of an
event occurring after the Prophet's death.
B. Basic Law of
Ijma '
The legal basis of ijma 'is
aI-Qur'an, al-Hadith and mind.
1. Al-Quran
Allah says in the Qur'an Surah
An-Nisa verse 59 which means:
"O ye who believe, obey Allah
and obey the Messenger (His), and ulil amri among you".
Words ulil amri contained in the
above verse means that regard, the general state of affairs of the world and
covers religious affairs. Ulil amri is king in world affairs, heads of state,
leaders or rulers, being ulil amri in religious matters is the mujtahid.
From the above verse is understood
that if the ulil amri have agreed about anything provisions or laws of any such
event, the agreement ought to be implemented and adhered to by the Muslims.
2. Hadiths
If the mujtahid has made consensus
on Islamic rules 'of an event or incident, the ijma' ought to be followed,
because they do not do a deal to make mistakes especially wickedness and
falsehood, as the words of the Prophet Muhammad:
Meaning: "My people will not
agree to make a mistake." (Narrated by Abu Dawud and Tirmidhi)
C. Pillars of
Ijma '
Usul fiqh scholars define the
pillars of ijma 'as follows:
1. there are some people dikala
mujtahid and the mujtahid occurrence that is doing the deal.
2. That did the deal it let all the
mujtahid that exist in the Islamic world. If the deal was only done by the
mujtahid that exist in a country, then the agreement can not be said that such
a consensus.
3. The agreement should be stated
explicitly by every mujtahid that he agreed with the other mujtahid
mujtahid-law (Personality ') of an event (problem) that occurred at that time.
4. The deal ought to be the
unanimous agreement of all mujtahid. if there is an agreement by the mujtahid
partly there, then the decision is uncertain to the extent such ijma '.
D. The possibility of occurrence of
Ijma '
At the time of the Holy Prophet was
alive, he was the source of law. Every event or incident, Muslims seek legal in
the Qur'an which was revealed and has been accepted in those sayings hadith by
the Prophet. If they do not find the second source, then they asked the
Prophet.
After the Prophet's death, the
Muslims lost the place to ask, but they already have a full grip, the al-Quran
and al-Hadith.
So, ijma 'is likely to occur during
the caliphate of Abu Bakr, Caliph Umar or less likely in the first six years of
Caliph Uthman. This is because at the time of the Muslims are one, yet there
are sharp differences of opinion among the Muslims themselves, in addition to
Islamic regions have not been so widespread, it is still possible to collect
the friends or people seen as mujtahid.
After six years of the second
portion of the Caliphate of Uthman, the symptoms begin to appear discord among
the Muslims. After Caliph Uthman was killed, divisions among the Muslims
increasingly happening, as the battle between Ali ibn Abi Talib by Mu'awiyah
bin Abu Sufyan, the battle between Ali ibn Abi Talib at the famous Aisha Jamal
war, raised the Khawaarij, Shiite groups Mu'awiyah groups and so on.
From the above we can take the
following conclusion:
1. Ijma 'is not required at the time
of the Prophet Muhammad;
2. Ijma 'may occur at the time of
Caliph Abu Bakr, Caliph Umar bin Khattab, and the first six years of Caliph
Uthman, and after a second six-year reign of Caliph Uthman until now not been
possible consensus in accordance with the pillars that have been set out above,
given the circumstances Muslims are not united and populous area extent Islam.
E. Various
kinds of ijma '
While it is difficult to prove
whether the ijma 'is really happening, but in the books of fiqh and usul fiqh
explained various ijma'. Explained that ijma 'can be viewed from multiple
facets and each facet consists of some sort.
If the terms of the occurrence, the
ijma 'divided 2:
1. ljma 'Bayani, ie the mujtahid had
this to say in a clear and unequivocal
2. Ijma 'sukuti, ie the mujtahid
whole or partly they do not express their opinions clearly and firmly, but they
remain silent or did not respond to a law that has been put forward another
mujtahid who lived in his time.
if in terms of whether or not
confident, then ijma 'divided 2:
1. ljma 'qath'i, the law that
produced consensus qath'i believed it was true occurrence.
2. ljma 'zhanni, the law generated
ijma' was zhanni, there are other possibilities that the laws of the event or
events specified in contrast to the results of ijtihad others or with the
results of ijma 'is done at another time.
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