Ijma’ Dalam Konteks Penetapan Hukum Pada Suatu Negara

Abstrak

Ijma' is one of the methods whose discussion is growing because the concept of Ijma' formulated by the earlier fuqaha scholars turns out that in the present raises the question of how Ijma' can be implemented. When Ijma' is understood as a clerical agreement then what kind of scholars at this time can form an agreement that can be used by the people. Then it is still possible that there will be a ijtihad in the form of Ijma' that will be associated with the kontek of this nation state. With library research and content analysis method on the interpretation of several verses of the Qur'an related. The purpose of this research is as the context of the nation state that Ijma' can be done by the government in this case the legislative institution as the representative of the people, so that the products of the law if agreed can be said with Ijma'. And the attempt to contextualize the concept of ijma's harmony in terms of mujtahid criteria as well as historical juridically that Ijma' is a consensus, then in the context of the nation state the laws and regulations become inevitable to be a Ijma'. This concept of Ijma' will produce a national state in the context of legislation becoming inevit able to become a Ijma'. Such as the Marriage Act, Waqf, and other laws and regulations.