PROSEDUR MENYELESAIKAN KASUS HUKUM DENGAN IJMAK

Abstract

There are mufties who recognize ijmak and there are some who still disagree on the existence of ijmak and their jurisdiction to be used as a source in legal proceedings. Some groups believe that ijmak, which can be used as proof, namely ijmak, which occurs among only friends and some scholars, have argued that ijmak can still be done in the days after a friend. Especially in the present, new problems that require answers, so that ijmak or istinbat law by way of deliberation is needed which will later find a bright spot in solving the problem. The purpose of this study is to know and understand the meaning of ijmak, know and understand the legal basis of ijmak, know and understand references of ijmak, know and understand the distribution of ijmak, know and understand the controversy of ijmak, know and understand Examples of disputes caused by ijmak controversy, and know and understand procedures for resolving legal cases with ijmak. This research method is descriptive analysis, namely the author describes all data about the ijmakkem then do an analysis of the data to obtain a conclusion. The results of this study conclude that the procedure for resolving legal cases with ijmak, namely consensus or ijmaks for centuries has become the most important validation of various decisions in Islam, especially among Sunnis. In fact, in Sunni circles, the final authority for religious interpretation is put on consensus (ijmak) or the collective verdict of Muslim society. The implication is that consensus plays an important role in the development of Islam and contributes significantly to its interpretation.