Kemustahilan Memisahkan Jihad Pedang Dari Islam
Dalam Quran ada tertulis:
Al-`Imran (3:109): `You are the best community that has been raised for mankind. You enjoin right and forbid evil and you believe in God.'
Mengenai ayat ini Prof. Kamali menulis:
The Qur'an is expressive of the dignified status that God has bestowed on the Muslim community. Thus we read in sura Al-`Imran (3:109): `You are the best community that has been raised for mankind. You enjoin right and forbid evil and you believe in God.' This ayah attests to some of the outstanding merits of the Muslim community. It is thus argued that had the community been capable of agreeing on an error, the Qur'an would not have praised it in such terms.
Umat islam adalah umat yang terbaik, dan umat yang terbaik tidak bisa menyepakati sesuatu yang keliru atau salah. Apa yang sudah disepakati oleh umat islam bersifat mengikat dan wajib dituruti. Prof Kamali menulis:
The one ayah which is most frequently quoted in support of ijma' occurs in sura al-Nisa' (4:115), which is as follows:
And anyone who splits off from the Messenger after the guidance has become clear to him and follows a way other than that of the believers, We shall leave him in the path he has chosen, and land him in Hell. What an evil refuge!
The commentators observe that `the way of the believers' in this ayah refers to their 'agreement and the way that they have chosen', in other words, to their consensus. Adherence to the way of the community is thus binding, while departure from it is forbidden. Departing from the believers' way has been approximated to disobeying the Prophet, both of which are forbidden.
It is clear from its definition that ijma' can only occur after the demise of the Prophet. For during his lifetime, the Prophet alone was the highest authority on Shari'ah, hence the agreement or disagreement of others did not affect the overriding authority of the Prophet. In all probability, ijma` occurred for the first time among the Companions in the city of Madinah. Following the demise of the Prophet, the Companions used to consult each other over the problems they encountered, and their collective agreement was accepted by the community. After the Companions, this leadership role passed on to the next generation, the Successors (tabi'un) and then to the second generation of Successors. When these latter differed on a point, they naturally referred to the views and practices of the Companions and the Successors. In this way, a fertile ground was created for the development of the theory of ijma'.
Umdat al Salik:
Someone raised among Muslims who denies the obligatoriness of the prayer, zakat, fasting Ramadan, the pilgrimage, or the unlawfulness of wine and adultery, or denies something else upon which there is scholarly consensus (ijma`, def:b7) and which is necessarily known as being of the religion (N: necessarily known meaning things that any Muslim would know about if asked) thereby becomes an unbeliever (kafir0 and is executed for his unbelief (O: if he does not admit he is mistaken and acknowledge the Obligatoriness or unlawfulness of that which there is scholarly consensus upon. As for if he denies the obligatoriness of something there is not consensus upon, then he is not adjudged an unbeliever).
"The best of you are my generation, then those that follow them and then those that follow them. Then there shall come after them a people who will betray and be untrustworthy, will give witness even though they have not been asked to, will make vows yet will not fulfil them and obesity will appear amongst them."
Jadi, kesepakatan umat islam yang terwakili oleh para mujtahid terutama dari tiga generasi awal muslim sifatnya mengikat dan harus dipatuhi oleh umat islam. Menentang ijma' (kesepakatan/konsensus) adalah haram. Ditambah lagi dengan jaminan Quran bahwa umat muslim tidak mungkin menyepakati hal yang keliru, dengan mudah kita bisa melihat bahwa mustahil bagi muslim moderat untuk memisahkan jihad pedang dari islam!
Umat islam dilarang berbeda pendapat mengenai teks-teks suci yang sifatnya jelas (tidak ambigu). Dari Al Risala karya Imam Syafi'i:
718. He asked: I have found the scholars, in former and present times, in disagreement on certain [legal] matters. Is it permissible for them to do so?
719. [Shafi'i] replied: Disagreement is of two kinds: one of them is prohibited, but I would not say the same regarding the other.
720. He asked: What is prohibited disagreement?
721. [Shafi'i] replied: On all matters concerning which God provided clear textual evidence in His Book or [a sunna] uttered by the Prophet's tongue, disagreement among those to whom these [texts] are known is unlawful.
Sudah merupakan ijma' para mujtahid bahwa jihad pedang itu diwajibkan bagi umat islam, dan ajaran jihad pedang sifatnya jelas tanpa keraguan alias muhkam. Menurut Prof Kamali:
The Muhkam is, in reality, nothing other than Mufassar with one difference, namely that Muhkam is not open to abrogation.
An example of Muhkam in the Sunnah is the ruling concerning jihad which provides that 'jihad (holy struggle) remains valid till the day of resurrection'. [27. Abu Dawud, Sunan, II, 702, Hadith no. 2526; Abu Zahrah, Usul, p. 96.]
Makna yuridis jihad sudah dijelaskan oleh Muhamad sendiri sehingga tidak ada lagi keraguan. Kamali:
The juridical meaning of all the Qur'anic words cited above has been explained by the Prophet, in which case, they cease to be ambivalent. For when the Lawgiver provides the necessary explanation, the Mujmal is explained and turns into Mufassar.
Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.
Umdat al Salik:
“The scriptural basis for jihad, prior to scholarly consensus is such Koranic verses as:
(1) ``Fighting is prescribed for you'' (Koran 2:216);
(2) ``Slay them wherever you find them'' (Koran 4:89);
(3) ``Fight the idolators utterly'' (Koran 9:36);
and such hadiths as the one related by Bukhari and Muslim that the Prophet (Allah bless him and give him peace) said:
``I have been commanded to fight people until they testify that there is no god but Allah and that Muhammad is the Messenger of Allah, and perform the prayer, and pay zakat. If they say it, they have saved their blood and possessions from me, except for the rights of Islam over them. And their final reckoning is with Allah''
Membuat pernyataan yang menyebabkan perbedaan pendapat atas hal-hal yang sudah jelas hukumnya (contohnya jihad pedang), adalah haram.
Begitu pula, menolak ijma' yang telah dicapai oleh para mujtahid di masa lampau, adalah haram. Ingat, status wajib dari jihad pedang sudah disepakati para mujtahid di tiga generasi awal islam! Muslim di jaman sekarang sudah tidak lagi bisa membatalkan status wajib jihad pedang.
Ijma` is defined as the unanimous agreement of the mujtahidun, of the Muslim community of any period following the demise of the Prophet Muhammad on any matter.
Similarly, by reference to the mujtahidun of any period, is meant a period in which there exist a number of mujtahidun at the time an incident occurs. Hence it would be of no account if a mujtahid or a number of mujtahidun become available only after the occurrence of an incident.
When ijma` fulfills the foregoing requirements, it becomes binding (wajib) on everyone. Consequently, the mujtahidun of a subsequent age are no longer at liberty to exercise fresh ijtihad over the same issue. For once it is concluded, ijma` is not open to amendment or abrogation (naskh).
But once an ijma' is finalised, especially when all of its constituents have passed away, no further ijma' may be concluded on the same subject. Should there be a second ijma `on the same point, it will be of no account.