Ijma’ dan Ijtihad Kolektif dalam Fatwa DSN-MUI tentang Kegiatan Usaha Bulion

Abstract

This study examines the roles of ijmāʿ and collective ijtihad in DSN-MUI Fatwa No. 166 of 2026 on Sharia-Compliant Bullion Business Activities, focusing on the scope of its references to consensus and their relationship to its operational provisions. It employs normative legal research based on a literature study, using a conceptual approach and document analysis. Research materials comprise the fatwa, works on Islamic legal theory, and studies on collective ijtihad and Islamic finance fatwas. The analysis identifies the subjects of the reported consensus, compares their scope with the bullion provisions, and examines the relationships among juristic opinions, considerations of public benefit, and the adopted rulings. The findings indicate that the references to consensus concern specific matters: the permissibility of qirāḍ using dinars and dirhams and the disposition of jointly owned property that cannot be physically divided. These references cannot automatically be extended to establish consensus on all bullion business mechanisms. The fatwa’s operational provisions reflect the selection of juristic opinions on disputed issues and the formulation of rulings through institutional deliberation. The study concludes that the bullion fatwa is a product of collective ijtihad that employs reported consensus as an argumentative reference within its specific scope. These findings underscore the importance of distinguishing consensus reported in Islamic jurisprudence from institutional decisions in Islamic finance fatwa-making.