Abstract

<em>Fatwā ṣahāba</em> can be used as <em>ḥujjah</em> (proof) even though the ulama (scholars) have different opinions regarding its validity. The ulama categorize the Companions’ <em>fatwā</em> as one of the sources of law decision which is still being disputed about the validity. It is different from the Qur'an, Sunnah, <em>Ijmā’</em>, and Qiyās that have been agreed by the most of the scholars as a source of Islamic law. The Companions’ <em>fatwā</em> has an influence on the development of Islamic law thought which can be substantially equated like a <em>fiqh</em>, because it is the result of <em>istinbāṭ</em> (efforts to extract the <em>ẓannī</em> (speculative) sharia law from original sources through the mobilization of all natural reasoning abilities) and the results of the Companions <em>ra'y</em> (establish a law of contemporary problems that have not been found in the Qur’an and hadith) which have been codified according to the particular mazhab. Therefore, the Companions <em>fatwā</em> is the result of the ijtihad of the Companions as ulama of the previous generation and became the <em>ḥujjah</em> of the ulama until today who have colored Islamic law thought, such as <em>fatwā</em> of Abū Bakr, Umar, ‘Uthmān, ‘Alī, ‘Abdullāh Ibn ‘Abbās, ‘Abdullāh Ibn Mas'ūd and other Companions. At least the <em>fatwā ṣaḥaba</em> can be used as <em>ḥujjah</em> in <em>istinbāṭ</em> of islamic law when new problems arise, and no proposition is found in the Qur'an and hadith.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.