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The Concept of Ifta 'In Establishing Halal Law (Study of Usul Fiqh on Legal Determination Methods) Department of Management Faculty of Islamic Economics and Business Universitas Islam Negeri Walisongo Semarang email: [email protected] Journal of Digital Marketing and Halal Industry ISSN: XXXX XXXX (print) ISSN: XXXX XXXX (online) The Concept of Ifta 'in Establishing Halal Law (Study of Usul fiqh on Legal Determination Methods) Muchammad Fauzi1, Amalia Nur Azizah2, Lena Nurfauziyah3 1,2,3 Faculty of Islamic Economics and Business, Islamic State University of Walisongo Semarang, Indonesia A R T I C L E I N F O A B S T R A C T Article history: Received 08 Desember 2019 Fatwa and qadla activities as a form of delivering the laws of God, are Received in revised form 16 Januari 2020 the great mandate. In addition to requiring intellectual expertise, the Accepted 16 Januari 2020 fatwa giver must have moral virtue and spiritual intelligence. Indeed, this should be the figure of a scientist, especially the scholars who pursue Shari'a scientific fields. They must be able to create a balance Keywords: between the power of reason and intuition of dhikr. Plus the level of Ifta ', qodhi, Law concern for the social environment of the community. Because in their hands the change agenda is carried out. A B S T R A K Aktivitas fatwa dan qadla sebagai suatu bentuk penyampaian hukum- hukum Allah, adalah amanat yang agung. Selain membutuhkan keahlian intelektual, pemberi fatwa haruslah memiliki keluhuran moral, dan kecerdasan spiritual. Memang demikianlah seharusnya figur seorang ilmuwan, apalagi para ulama penekun bidang keilmuan syariat. Mereka harus mampu menciptakan balance antara daya nalar fikir dan intuisi dzikir. Ditambah pula tingkat kepedulian atas lingkungan sosial masyarakat. Karena ditangan mereka lah agenda perubahan diemban. * Corresponding author. email: [email protected] http://dx.doi.org/xx.xxxx/jdmhi.2019.xx.xxx 83 | P a g e Journal of Digital Marketing And Halal Industry Vol. I, No. I (2019) 83-92 who do not have the means of ijtihad and are Introduction therefore unable to carry it out, they are ordinary people (mostly). Usually these Reason given by God is the key to ordinary people understand and practice the understanding the teachings of religion which teachings of religion asking for guidance from includes Islamic law. Humans, especially the scholars and requesting fatwas from the Muslims will not be able to understand Islam mujtahid. without reason. Therefore, the Prophet Muhammad. State that religion is reason, A layman will also always ask for a decision of and there is no religion for intelligent people. a dispute problem faced by a qodhi. In this If this statement is related to the law, it case the decision taken by a qodhi or judge is means that the law and punishment are very closely related to ijtihad and fatwa. The related to reason, there is no law or two terms of the fatwa in response to the punishment for people who have no sense, so obscurity or obscurity of a law and qadha as a reason has a high position in the Islamic judicial decision are both legal products religious system. Intellect has a very derived from the results of ijtihad. Both are important position and function in human also forms of the delivery of Allah's law to life, and with that reason human thought Muslims. In this short paper the speaker will processes to be able to grow and develop discuss a little about the fatwa relating to towards perfection. However, whatever the mufti and qadha relating to qadhi. Based on position and role of reason in the teachings the background of the problem above, the of Islam, it must still get guidance and writer wants to present the problem guidance from Allah in the form of formulation to direct the discussion in this revelation. This is because besides humans paper to fit the target to be achieved. The are weak, forgetful and indifferent, in formulation of the problem in this paper is as themselves, there are also obstacles that cause follows: What is the definition of fatwa and it to not be able to use their minds properly qadla and what elements must be in the fatwa and properly. and qadla? What is the problem with fatwas and qadla? Related to this discussion, only qualified minds can do ijtihad. Ijtihad itself is a way to find out the law of something through the postulates of religion, namely the Qur'an and Result and Discussion Al-Hadith by way of excavating (istinbath) and analyzing (tahlil) of a problem to the Fatwa Mufthi maximum point. The mujtahid is a fiqh Ifta ’(Arabic version) is ifta’, which means to give expert who spends or exerts all his abilities to an explanation. While according to the term 'ifta' obtain a strong allegation of a religious law. is: "Efforts to provide an explanation of the law In relation to the problem of ijtihad, of sharia" by experts to people who do not know humanity is divided into two groups. The it. From these definitions it can be seen the group of people who have the ability of nature or certain characteristics of the ijtihad and are able to carry it out, namely defendants are: 1). It is an attempt to provide an mujtahidin. And the second group are those explanation. 2). The explanation given is about http://journal.walisongo.ac.id/index.php/JDMHI/index http://dx.doi.org/xx.xxxx/jdmhi.2019.xx.xxx 84 | P a g e Journal of Digital Marketing And Halal Industry Vol. I, No. I (2019) 83-92 sharia law 'obtained through the results of c. Personality requirements; namely ijtihad. 3). The one giving the explanation is having moral integrity (‘is) and being someone who is an expert in the field that he trusted. These two requirements are explained. 4). The explanation is given to those demanded from a mufti because he will who ask who do not know the law. directly become a role model for people 1. An attempt to give an explanation called Ifta in religion. In reality, fatwa is a form of delivery of the results d. Complementary requirements in his of multiplying God's laws to humans. Fatwa is position as a role model cleric, used for a more specific and specific meaning according to Imam Ahmad, a mufti than ijtihad, because ijtihad is the mobilization should have good intentions and of the ability to obtain law from its source (al- i'tiqod, a strong stance and be known Qur'an and al-Sunnah), with or without among the people precedence by questions, in actual matters or 3. Mustafti ' limited discourse. Whereas fatwa is legal Mustafi’ is a person who does not have reasoning from its sources, preceded by a knowledge of syara law 'in whole or in part and question submission in actual and casuistic therefore must ask others so that he can know problems. and do good in a religious matter. Basically, 2. Mufti those who ask for fatwa are ordinary people who The Mufti is the giver of an explanation of the do not know anything and are unable to do shariah law 'that must be known and practiced ijtihad. If a layman has asked for a fatwa from a by the people. The people will be saved if he mufti let alone he has implemented the fatwa, is gives the correct fatwa and will get lost if he is it possible for him to withdraw from the fatwa? wrong in making the fatwa. And thus a mufti This became the talk of the scholars. Al-asnawi must have certain conditions. The experts of usul (from the Shafi'ite clerics) and Ibn Hummam fiqh differed in formulating the conditions for (from the hafiafiyah clerics) claimed the existence becoming a mufti. The conditions for a mufti of an ulama agreement about not being able to can be grouped into four groups as follows: withdraw from a mufti to follow another mufti in the same issue. Al-Amidi quoted ijma ’ulama a. General Conditions; because the mufti in this matter. Ibn Subki also did not allow this, is a person who will convey matters but did not mention the existence of ijma’ulama, relating to the shariah law 'and its aside from excluding if the fatwa had not been implementation, he must be a Muslim, practiced. Furthermore Ibnu Subki put forward a convert, mature, and perfect in his number of bandigan opinions on that opinion mind. in the form of exceptions, namely: a) Must not b. Scientific Requirements; namely that leave the opinion of the mufti by solely asking for the mufti is an expert and has the ability a fatwa, b) must continue to follow the mufti if to do jihad. For that he must have the he is sure of the integrity of his opinion, c) It conditions as the conditions that apply must continue to follow the opinion of the mufti to a mujtahid, including knowing well if he has dedicated himself to it. From the last the arguments of sam'i and knowing opinion, there is a sign that there is no need to well the arguments of aqli. continue to follow the opinion of certain mujtahids. On the principle of not having to http://journal.walisongo.ac.id/index.php/JDMHI/index http://dx.doi.org/xx.xxxx/jdmhi.2019.xx.xxx 85 | P a g e Journal of Digital Marketing And Halal Industry Vol. I, No. I (2019) 83-92 follow a mufti as the conclusion above, there is the muqollid who intends to make the one thing that should be noted by someone who reconciliation refers to the opinion of the moves the mufti is that he does so not for mujtahid who is still alive.
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