THE DYNAMICS OF QAWAID FIQHIYYAH: THE CONSTRUCTION AND APPLICATION IN ISLAMIC LAW

Abstract

Qawaid al-fiqhiyyah is a helping tool in solving Islamic law which is increasingly complex and continues to experience development. Fiqh principles cannot be put aside for jurisprudence reviewers so that they can understand their urgency and application in carrying out legal itstimbath.This study is a normative theological study, which examines the substance of qawaid al-fiqhiyyah, from its development to its implementation. The data was collected by tracing both classical and contemporary books that study the normative jurisprudence rules and the construction of fiqh rules in the modern era.The finding in this study indicates that qawaid fiqhiyyah has existed since the time of the Prophet (pbuh), Khulafaur Rasyidin to the time of Tabi'in and the modern era. Qawaid fiqihiyyah never disappears or fades because the rules of fiqh are still stored in written form and in the memory of the jurists and are always used in making legal discoveries.In Indonesia, qawaidfiqhiyyah is gathered as a legal basis for deity fatwas in legal considerations. Among them is the National Sharia Council or Dewan Syariah Nasional (DSN) at the Indonesian Ulema Council or Majelis Ulama Indonesia (MUI), qawaid fiqhiyyah is used in legal discovery in various problems faced by society.The implication of this finding is that legal changes will continue to roll in line with the times, but this is not a cause for concern because qawaid fiqhiyyah will be able to provide legal answers. Keywords: Dynamics; qawaidfiqhiyyah; construction; Islamic law.