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Investigating the Construction of Ijma in The Study of Islamic Law through Sociological and Historical Approach

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This paper aims to examine the construction of ijma in the study of Islamic law through
sociological and historical approaches. The research methods applied in this paper are research
that explore qualitative data through literature studies. In legal research methods, this research
is categorized as normative legal research with a conceptual approach. The concept of ijma
becomes the object of study in this paper. Furthermore, the concept of ijma is examined with
socio-historical analysis. The results of the discussion show that the difference in views on the
concept of ijma as the basis of Islamic law that must be obeyed was influenced by normative
arguments (propositions of the Qur'an and sunnah), which are references and different
interpretations of legal propositions held as a basis of opinion. The difference in looking at
the concept of ijma that can be used as a syar'iyyah (legal) argument also begins from the
difference in setting the standard of definition and criteria (principles and conditions) of the
ijmak itself and considering the capacity of the ijma in the sense an opinion of "all" or "the
majority" of the scholars. In addition, the development of conceptions and laws about ijma is
inseparable from the social setting in each period.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

: media syariah., 2021

Deskripsi Fisik

p 128-142

Bahasa

Indonesia

ISBN/ISSN

1411-2353

Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Volume 23, Number 2

Subjek

Ijma; Islamic Legal Theory; Islamic Law; Socio-His

Info Detail Spesifik

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Pernyataan Tanggungjawab

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