Formulasi Makna Darurah dan Landasan Legalitasnya Sebagai Metode Penetapan Hukum Islam: Perspektif Empat Madhab

Abstract

Every Muslim can experience difficult and emergency conditions in various places. This condition impacts the application of Islamic law, which allows it to be inconsistent with the rules in general. The jurists agree that an emergency can be one of the bases and arguments for implementing Islamic law. However, the jurists also have different views regarding the terminological limitations of this condition. This research specifically describes the terminology of darurah according to the fuqaha of the four madhabs and the arguments for its legal basis in Islamic law. This type of research is qualitative library research that focuses on the views of the jurists regarding the terminology of darurah and the arguments for its legal basis in Islamic law in various literature by the jurists. This study found that the terminology of darurah from the perspective of classical jurists is comprehensive, not limited to the urgent need for food, but includes other forced and emergency conditions. That can also be seen in the different readings of the jurists on the problems of the branches of fiqh, when in an emergency which has the same goal, namely to protect al-kulliyat al-khamsah such as protecting the soul (nafs) and others. The argument for applying Islamic law is based on the sources of Islamic law, namely the Qur'an, hadith, ijma', and 'aqli, namely as a form of maslahah mursalah as the principles of usul and fiqh.