Ijtihâd of the Majelis Ulama Indonesia (the Council of Indonesian 'Ulamâ') and the Development of Fiqh

Abstract

Ijtihâd, as reasoning on certain problems, the answers to which cannot be found in the Qur'ân and Sunnah, is an open and universal concept. However, in practice, ijtihâd is bound to particular space and time in which it is produced. For this reason, the practice of ijtihâd is conditional and some time it is localized. Within the Indonesian context, ijtihâd is in part produced by the Fatwâ Commission of the Majelis Ulama Indonesia [MUI] (the Council of Indonesian 'Ulamâ') concerning problems which cannot be separated from this Indonesian context. How far has the ijtihâd of the MUI contributed, substantially and methodologically, to the development of Islamic law? According to the author, the MUI relies on the fî al mazhab and tarjîh methods of ijtihâd. These two methods are very much dependent on the result of the ijtihâd of the previous 'ulamâ', both in substance and method. However, this does not mean that the ijtihâd of the MUI has nothing to contribute to the development of Islamic law. The MUI has produced some fatwâ on certain problems which have occurred in the past. This means that the fatwâ has also given birth to "a new religious jurisprudence" and has automatically contributed to the development of Islamic law. The fatwâ of the MUI is very relevant to the demands of the Indonesian societies. This is because the fatwâ is intended to provide responses to the direct and real needs faced by society and the state. Moreover, the MUI itself was established to support the interest of state development.