firdaus, Irkham (2023) Legal Opinion Dalam Perspektif Hukum Islam. El-Ghiroh : Jurnal Studi Keislaman, 21 (1). pp. 57-73. ISSN 2087-7854

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Abstract

Legal opinion has an important role in the legal cycle that applies in a country. On the other side, the existence of a legal opinion is not a guarantee for a client to be able to win in a legal dispute in court, because a legal opinion serves as a doctrine for judges in giving decisions in a case, meaning that it can also be considered by judges in giving their decisions. This study aims to describe the perspective ofIslamic law on the arguments or opinions of legal experts on legal issues, or as a form of legal opinion that helps judges in issuing decisions on a case. The methodology used is qualitative descriptive literature. The result obtained is that legal opinion in Islam has been known for a long time, because many Islamic jurists have ijtihad to be able to provide legal opinions on a case that may not be textually written in the al-Qur’an and Hadis, so that scholars try to interpret it in order to find a law that is in accordance with the case. Ijtihad is a form of freedom of thought that can be carried out by scholars, meaning thatthe scholarscan determine and express his thoughts based on the al-Qur'an and Hadis.Keywords:Legal OpinionLawIslamic Law

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