IJMA AND QIYAS: METHODOLOGICAL RECONSTRUCTION AND CONTEMPORARY APPLICATION AS SOURCES OF ISLAMIC LAW

Abstract

This paper discusses the crucial role of Ijma’ (scholarly consensus) and Qiyas (analogy) as sources of Islamic law alongside the Qur'an and Sunnah, offering a methodological reconstruction and contemporary application of both. The study aims to revitalize the understanding and utilization of Ijma’ and Qiyas so that they remain relevant in addressing modern legal challenges. jma’ is traditionally understood as the absolute agreement of mujtahid scholars. This paper reconstructs the concept of Ijma by emphasizing Ijma’ Sukuti (silent consensus) and the Majma’ al-Fiqh al-Islami (contemporary Islamic Legal Council consensus), acknowledging the dynamics and diversity of views. This reconstruction allows Ijma’ to become a more flexible tool for legal legitimation that is compatible with the context of the modern nation-state. Qiyas is examined as a method of analogical reasoning that ensures legal consistency. The paper highlights the importance of accurately identifying the 'Illat (ratio legis/legal cause) that is appropriate and relevant to the objectives of Shariah (Maqasid al-Shari'ah). The contemporary application of Qiyas is explored in emerging issues such as modern financial transactions, biotechnology, and cyber law, where explicit stipulations from the Qur'an and Sunnah are unavailable. By reconstructing the methodological framework of these two sources, the paper argues that Ijma’ and Qiyas, when applied contextually and grounded in the Maqasid al-Shari'ah, can serve as powerful instruments of ijtihad (independent legal reasoning) to produce adaptive, progressive, and solution-oriented Islamic fatwas and legislation for the complexities of modern life.