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PENGGUNAAN QAWA‘ID FIQHIYYAH DALAM FATWA-FATWA MAJELIS ULAMA INDONESIA (MUI)
The development of science and technology raises economic, social, cultural, and law problems beside the benefits gained by human beings. Since law is one of its teachings, Islam must respond the problems appearing in the society. Some Islam-based organisations such as NU and Muhammadiyah have worked on them. The Indonesian Ulama Council (MUI) founded by the Indonesian government, with or without being requested by the authority, participates actively in the form of fatwa. One important point concerning fatwa declaired by the council is the underlying arguments or dalil used as the consideration. The arguments or dalil are put in the folowing herarchy. When the arising problems explicitly discussed in the holy Quran and/or hadith, the council undoubtedly adopts them. Ulamas’ opinions published in some books on fikih are taken after the holy Quran and/or hadith. At the bottom of the herarchy is qawā’id fiqhiyyah as ‘adillah al-ah{kām that goes together with the holy Quran and hadith in the “considering” phrases. When using qawā’id fiqhiyyah as dalil, the following questions arise: Why qawā’id fiqhiyyah is used? Has the use of the rules of fikih in a particular case of law been appropriate? What position is qawā’id fiqhiyyah used in the type of dalil? This study is conducted in order to find the answer which, in turn, can be used to know qawā’id fiqhiyyah‘s contribution in the methodology of Islam law as well. The methods applied to search for answer for the above questions are based on the position of as-Sunnah towards the holy Quran and the philosophy of Islam law theories. The former is used to analyse the position of qawā’id fiqhiyyah, the later is used to analyse the accuracy of the use of qawā’id fiqhiyyah and its contribution in methodology. The obtained data reveal that qawā’id fiqhiyyah plays an important role as dalil or as the platform of thought in order to encounter the appearing law problems despite a few inappropriate uses of qawā’id fiqhiyyah. In one hand, qawā’id fiqhiyyah strengthens and explains nass further. On the other, it is independent or otonomous. The study concludes that qawā’id fiqhiyyah plays an important role in epistemology of Islam law, especially bayāniy and burhāniy epistemologies. In addition, it also acts as maqās}id asy-syarī’ah implementator due to the existance of similar principles, i.e. reaching the benefits and avoiding harm, between qawā’id fiqhiyyah and maqās}id asy-syarī’ah. Ijtihad, in turn, acts as the operator because of the intersection between qawā’id fiqhiyyah and ijtihad method in us}ūl al-fiqh, namely istis} hāb, istis}hlāh, ‘urf, and sadd aż-żarī’ah. The ijtihad methods are formulated by qawā’id fiqhiyyah in a simple way. Therefore, when law-relating problems needed to be solved appear, a mujtahid shall apply qawā’id fiqhiyyah in his consideration.
PASCASARJANA, UIN SUNAN KALIJAGA YOGYAKARTA
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