THE IMPORTANCE OF THE IJTIHAD JAMA'I METHOD IN CONTEMPORARY FIQH FORMULATIONS

: The rapid advancement of science, information technology, computers, and the internet has brought about significant changes that have greatly benefited human life. However, along with these advancements, new legal issues have emerged, particularly in the field of muamalah, specifically electronic commerce involving computer and internet technologies. This research explored the importance of collective ( jama'i ) ijtihad methods in the modern era. A normative legal approach was applied to ascertain the new legal arguments regarding the formulation of contemporary fiqh through the ijtihad jama’i method. This method plays a crucial role in shaping Islamic law to effectively address these emerging problems by involving experts in Islamic law, economics, information and communication technology, and other relevant fields. The results showed that ijtihad jama’i are more robust, closer to the truth, and help avoid conflicts than individual ijtihad .


Introduction
The term globalization originated in the 1990s, as documented by various sources. 1 This century has been marked by notable transformations in the economic field, 2 leading to a multitude of opportunities and challenges, 3 specifically in terms of social interactions within societies, which have brought about numerous prospects and agitations. 4gal issues have arisen and progressed rapidly from various angles, particularly in the domain of muamalah, encompassing areas such as insurance, online trading, etc.With the conclusion of the revelation of the Qur'an and the passing of Prophet Muhammad, who served as the final Messenger, the Sunnah remains a significant source of guidance.Consequently, the significance of ijtihad as a method for formulating contemporary fiqh becomes paramount. 5This approach aligns with the dynamic and adaptable nature of fiqh, making it applicable to all circumstances, including time, location, and individuals, until the end of time. 6tellectual jihad is an integral component in the formulation and continuous renewal of For further explanation of the dynamics of Sharia in responding to contemporary muamalah problems, see Mohd.Daud Bakar, "Kedinamisan Shariáh dalam Memenuhi Tuntutan Muamalah Perbankan Modern," Jurnal Syariah, Vol. 6 (1998): 59-72.See also Joni Tamkin bin Borhan, "Pernana dan Cabaran Ekonomi Islam dalam Era Globalisasi: Suatu Analisis," Jurnal Afkar, No. 2, (2001): 141-164 contemporary fiqh. 7Experts in the field consistently endeavour to offer solutions and address legal issues in line with the progression of time and its associated developments. 8emas advocate for the importance of taking collective steps to address the legal issues present in modern society, such as the current situation, through the method of ijtihad within a collective institution. 9This approach helps prevent divisions and disputes that may arise from individual fatwas.By employing ijtihad jama'i, a unified opinion can be reached, facilitating the achievement of Sharia objectives.
Relying solely on personal ijtihad is deemed insufficient in terms of its scope and effectiveness in generating robust legal arguments to address the intricate legal issues of modern society.
Ijtihad jama'i offers a viable and robust approach for formulating contemporary fiqh, effectively addressing and adapting to the changes and developments of the time.Through collective efforts and mutual consultation, this method allows for a closer approximation to the truth, particularly in dealing with legal issues pertaining to modern transactions, while still drawing guidance from the Qur'an and Sunnah as primary sources. 10

Method
This is normative legal research with an approach based on the principles of Islamic law, namely ijtihad jama'i.The research was theoretical, conceptual, philosophical, and descriptive-analytical in nature, using primary legal sources such as books on ushul al-fiqh, as well as classical and contemporary fiqh.Secondary legal sources were obtained from journals, theses, and dissertations.Tertiary legal sources included encyclopedias, dictionaries, and cumulative indexes.

Concept of Ijtihad Jama'i
The concept of ijtihad jama'i is fundamentally similar to the general definition of ijtihad, with the key distinction lying in the collective aspect. 11In ijtihad jama'i, consensus among Islamic jurists is sought and attained on a specific matter.The term "collective" is known in Arabic as "jama'i." 12tihad jama'i is characterized by the joint endeavours of the majority of Islamic jurists, who engage in consultation and mutual deliberation to formulate laws and reach legal decisions collectively. 13llective ijtihad entails the consensus among jurists in determining the legal rulings concerning a specific legal issue.It draws There is a difference between ijtihad jama'i and ijma', as ijma' necessitates the unanimous agreement of all ulemas at the same time, whereas ijtihad jama'i permits the agreement of the majority of ulemas, which fulfils the criteria for reaching a collective decision. 15tihad jama'i is a methodology contemporary jurists employ to formulate contemporary fiqh, particularly when addressing current thematic issues.It involves a comprehensive review of past fiqh and meticulous analysis that prioritizes relevant, stronger opinions and evidence. 16Ijtihad jama'i is essential for making precise and beneficial legal decisions, particularly in areas such as muamalah (economic transactions). 17is research defines ijtihad jama'i as a method employed by jurists, accompanied by the participation of other experts such as economists, healthcare professionals, and technology experts, in formulating contemporary fiqh that is practiced by the Muslim community today.It involves a comprehensive exploration of evidence and opinions found in classical books or literature, with a focus on selecting the strongest and most relevant evidence and opinions in light of the present circumstances.

The Urgency of Ijtihad Jama'i in Formulating Contemporary Fiqh
In the era of globalization, muamalah transactions undergo rapid changes in terms of models, types, methods, and approaches.Examples include insurance, mutual funds, and various forms of trade.It is essential to approach these changes wisely and with consensus, ensuring that modern society readily understands and accepts innovations.In this regard, the ijtihad jama'i method is important as a model for formulating contemporary fiqh, enabling scholars to address these evolving dynamics effectively. 18deed, the ummah (Muslim community) greatly benefits from ijtihad jama'i as its authenticity and effectiveness surpass ijtihad fard (individual ijtihad). 19Ijtihad jama'i is the suitable method for addressing legal issues in today's society, particularly considering the challenge of finding a mujtahid muthlaq (fully qualified jurist) in the present era. 20tihad jama'i can be considered as a level between ijma' (consensus) and qiyas (analogical reasoning), surpassing the individual results of personal ijtihad.Therefore, it holds a crucial position in the deduction of contemporary fiqh.In the realm of Islamic economic law, ijtihad jama'i is particularly crucial in two specific areas.Firstly, in economics, business, or finance, certain types of transactions and their characteristics were not addressed in classical fiqh literature, specifically before the 1990s, such as electronic commerce, electronic money, and others.Secondly, various practices and activities arise in applied sciences or medicine that necessitate legal determination. 22These two fields contribute to the progress and advancement of the world, yielding numerous economic and healthcare products that ideally align with the principles of muamalah in general.
The ijtihad jama'i method is absolute and utilizes proximity to truth and the collective achievement in formulating contemporary fiqh. 23e urgency of ijtihad jama'i can be understood through various reasons, as highlighted in the following points:

The Achievement of Ijtihad Jama'i is
Stronger than Individual Ijtihad.
The concept of having multiple ulemas enables a comprehensive perspective that surpasses the limitations of an individual's viewpoint.The collaborative work of experts in formulating a legal ruling strengthens its outcome as they complement each other and work collectively. 24e principle of deliberation in ijtihad results in a shared perspective, prevents disputes and increases the trust of ummah in the determination of ijtihad jama'i. 25n public affairs, the position of ijtihad jama'i preserves the nation from fragmentation caused by differences in legal paradigms, specifically in matters of law. 26Several verses in the Qur'an, including Surah Ash-Shura, verse 38, emphasize the significance of deliberation in resolving the issues of the ummah, underscoring its existence and urgency.Additionally, a hadith narrated by al-Thabrani highlights the importance for the ummah of Islam to avoid misguided actions and instead follow well-founded opinions, the consensus of the masses, personal integrity, and what is right. 27rthermore, the purpose of contemporary ijtihad is to understand the changing and complex characteristics of the current era.There is a significant emphasis on adapting to institutionalized approaches, collective gatherings, and contemporary sources of knowledge. 28

The Existence of Specialized Expertise
In the current era, Islamic jurists specialize in specific fields of knowledge, such as inheritance law, fiqh of worship, fiqh of transactions, etc.Unlike earlier scholars who possessed comprehensive mastery across various disciplines, contemporary jurists tend to have a narrower scope of specialization.For example, Al-Ghazali mastered fiqh, ushul alfiqh, hadith, transactions, theology, philosophy, and Sufism.
At the same time, some experts specialize in general knowledge, such as health, information technology, economics, etc.Therefore, Islamic jurists and other experts 26  need to engage in deliberation to establish legal rulings together. 29e process of achieving consensus among various fields of expertise and disciplines can be facilitated through ijtihad jama'i, deliberation, and complementarity.

Ijtihad Jama'i Represents Ijma'
The characteristic of the Muslim ummah is their aversion to gathering and agreeing upon deviation. 30The concept of ijma' holds a significant place in Islamic legal evidence, as it represents the agreement of the majority of scholars on certain matters concerning the Muslim ummah after the passing of Prophet Muhammad. 31tihad jama'i serves as the intermediary and platform for the formation of ijma', as ijma' is the cause of ijtihad jama'i.Some contemporary Islamic jurists consider ijtihad jama'i as synonymous with ijma', perceiving that whenever ijma' occurs, it is referred to as ijtihad jama'i.However, it is important to recognize that the intermediary process and the ultimate objective are distinct.Ijma' does not occur in the absence of ijtihad jama'i initiated by the jurists.The outcome of ijtihad jama'i does not necessarily lead to ijma', as the collective decision may only reflect the majority opinion. 32cording to the aforementioned statements, ijtihad jama'i acts as a preliminary step leading to the emergence of ijma'.Every ijma' should be preceded by ijtihad jama'i.However, it should be noted that not all occurrences of ijtihad jama'i will necessarily culminate in ijma'.

Ijtihad Jama'i Preserves National Unity and Solidarity
Abdul Karim al-Khatib disagrees with the method of individual ijtihad, even when an individual possesses extensive knowledge and expertise.This is because one of the causes of division among the Muslim ummah is due to individual ijtihad, leading to various schools of thought and groups. 33tihad jama'i is part of the approach to unite the Muslim ummah and serves as a solution to preserve their unity.Conversely, when Islamic jurists do not carry out ijtihad jama'i to address the issues of the ummah, it will result in division and discord.

Ijtihad Jama'i Always Opens the Door for Ijtihad
The ever-changing and evolving nature of life across different domains presents a range of legal issues that require the attention of Islamic jurists.In light of this, it is important to maintain an open door for ijtihad, the independent reasoning and interpretation of Islamic principles.Considering the complexity of contemporary challenges, it is more appropriate to adopt the approach of collective ijtihad, involving a majority of ulemas and experts specialized in their respective fields of knowledge.This ensures that Islamic law is suitable for all circumstances, including time, place, and the people themselves.
Ijtihad is the third source of Islamic law after the Qur'an and the Sunnah.It plays a vital role in the development and applicability of Islamic law in various situations, ensuring its relevance throughout time.This is evidenced from the time of Prophet Muhammad, the era of the companions, the tabi'in, the early ulemas, and the later generations until today.Ijtihad jama'i serves to formulate contemporary fiqh by involving ulemas and experts from various fields of knowledge.Through this collaborative process, they come together to consult, exchange insights, and complement each other's expertise, leading to the establishment of legal rulings that address the complex legal issues of modern society.
The National Sharia Board of the Indonesian Ulema Council (DSN-MUI) is one of the institutions of ijtihad jama'i in Indonesia.It played a significant role in formulating fatwas (religious rulings) related to Islamic economic law, particularly in Islamic banking, Islamic insurance, Islamic pawn, Islamic leasing, online buying and selling, and other relevant aspects.

Conclusion
In conclusion, ijtihad is a pivotal keyword and solution for effectively addressing the issues and new challenges encountered by the ummah in society, which have not been addressed in classical literature.It is actualized within the current context as a dynamic driver of Islamic law.Ijtihad jama'i, with its extensive scope, has a strong reach and can address increasingly complex issues for the formulation of contemporary fiqh, such as in Islamic economics and finance, applied sciences or medicine, and other relevant fields.
Ijtihad jama'i is driven by the aspiration to uphold religious integrity and serves as a necessary approach to be embraced by contemporary jurists.It stands as a method and reference for fostering interaction, integration, and the progressive evolution of thoughts in addressing all the challenges the Muslim ummah faces today.