IJTIHAD KOLEKTIF (IJTIHAD JAMA‘I) DALAM FATWA KONTEMPORER: MENCERMATI PERAN LEMBAGA SEPERTI MAJELIS ULAMA INDONESIA VALIDITAS EPISTEMOLOGIS IJTIHAD KOLEKTIF

Abstract

The dynamics of contemporary modernity have generated highly complex, transdisciplinary legal dilemmas encompassing technology, bioethics, and the digital Islamic economy. This boundless expansion of social realities (ghairu mutanāhiyah) stands in stark contrast to the finite nature of foundational religious texts (mutanāhiyah). Such complexity induces a functional paralysis in individual ijtihad (ijtihad fardī), as contemporary issues can no longer be accurately resolved solely through the mastery of classical uṣūl al-fiqh principles and pure Arabic philology.

Consequently, collective ijtihad (ijtihad jamā‘ī) has emerged as a methodological necessity (ḍarūrah manhajiyyah).

This study aims to dissect the nature and epistemological structure of collective ijtihad, as well as the validity of its legal outcomes in addressing contemporary issues objectively and accurately within the maqāṣid asy-syarī‘ah framework. Theoretically, collective ijtihad occupies a unique position: below the threshold of classical absolute consensus (ijmā‘ mutlaq)—which demands an almost utopian unanimity—yet far superior to individual ijtihad, as it yields a higher degree of verified probabilistic certainty (ẓan al-mu‘tabar) and carries institutional recognition (al-ijmā‘ al-mu’assasī).

This manifestation of collective ijtihad is analyzed through the lens of the Fatwa Commission of the Indonesian Ulema Council (Majelis Ulama Indonesia / MUI). MUI exemplifies sociological inclusivity by weaving together representation from various Islamic mass organizations while synergizing multidisciplinary experts across medical/bioethical, food/biotechnology, and financial-economic clusters.

The findings reveal an extraordinary socio-legal anomaly within the Indonesian legal landscape. Although a fatwa theoretically possesses only moral-religious binding force (ilzām ad-diyānī), the products of MUI's collective ijtihad have successfully transformed into formally binding positive law (ilzām al-qaḍā’ī) through legislative channels (such as the Islamic Banking Act and the Halal Product Assurance Act) as well as state administrative regulations. While this integration draws constitutional criticism regarding the public accountability of a non-governmental institution, epistemologically, this phenomenon represents the pinnacle of collective ijtihad's efficacy in rendering Islamic law functional and applicable within a modern state.