2022
DOI: 10.18326/ijtihad.v22i1.53-72
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Position of fatwa in Islamic law: the effectiveness of MUI, NU, and Muhammadiyah fatwas

Abstract: Quantitatively, there is a gap between the number of limited religious texts and the enormous reality of dynamic context. Indeed, in the main principle of Islamic law, every activity carried out by a Muslim must comply with sharia rules. The syara’ regulations are religious texts concerning words, actions, or other activities carried out by someone capable of law (mukallaf). To overcome the possible gap between the text and the context, the scholars (ulama) formulate various methods with the result that Islami… Show more

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Cited by 5 publications
(4 citation statements)
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“…This approach predominantly focuses on theological aspects rather than political ones. These ideological values underpin a perspective characterised by tolerance, pluralism, and multiculturalism (Ansori, 2022).…”
Section: Resultsmentioning
confidence: 99%
See 1 more Smart Citation
“…This approach predominantly focuses on theological aspects rather than political ones. These ideological values underpin a perspective characterised by tolerance, pluralism, and multiculturalism (Ansori, 2022).…”
Section: Resultsmentioning
confidence: 99%
“…This transformation affects not only the learning aspect but also the broader dimensions of the educational context. The internet, progressively permeating the educational realm, fosters the use of social media as an information source (Ansori, 2022); (Azmi et al, 2020); (Masuda & Yudhistira, 2020). Conversely, social media has emerged as a new platform for the younger generation to express their religious beliefs.…”
Section: Introductionmentioning
confidence: 99%
“…This concept emphasizes that among seemingly conflicting narrations, there is one that holds greater validity or authority based on careful evaluation. 37 Hadith scholars assess the chain of narrators (sanad) and the content of the hadith (matn), considering the authenticity, conformity with the Quranic verses, consistency with other more valid hadiths, and the reliability of the narrators. The results of this evaluation allow hadith scholars to assign greater weight to one narration over another, thus emphasizing the higher validity or authenticity of the chosen narration.…”
Section: The Methods Of Al-tarjihmentioning
confidence: 99%
“…61 Understanding illat means recognizing and comprehending the purpose of legislating the law in Islamic jurisprudence (maqāṣid al-Sharī'ah), which is maṣlaḥah (promoting goodness and preventing harm to humanity). 62 On the other hand, the istihsan method is a subset of the application of qiyas, which, in the terminology of Hanafi scholars, is referred to as al-qiyās al-mustaḥsan, where one adheres to qiyas even when its illat is weak, but its application leads to greater maslahah (benefit). 63 In other words, both methods also rely on considerations of maslahah.…”
Section: The Application Of the Istiṣlāḥ Methods In Fatwa Number 14 O...mentioning
confidence: 99%