Al-Qawa'id al-Fiqhiyyah dalam perspektif hukum Islam (Al-Qawa'id al-Fiqhiyyah in Islamic perspective)

Abstract

As can be seen from the title, this article is trying to disclose al- qawa'id al-fiqhiyyah (legal maxims) as a means to ease the process of legal finding in lslamic law. By using both linguistic and legal approaches, Muslim jurists, at the outset were trying to build certain legal thinking framework which can be used as a basis for creating law for new cases whose solution cannot be found directly in the primary sources of Islamic law. It is here that those legal foundations then being developed as legal maxims used commonly by all disciplines of each schools of law. Although the Sunni jurists are not un animous concerning the role of qawa'id al-fiqhiyyah as a source of law, they all seem to realize the importance of the maxim in giving the solution toward many new legal problems arose in everyday life. Thus, we see that all four schools of Islamic law accepted the legal maxims as an argument in the process of law-making, especially in the new cases left un answered by Qur'an and Sunnah.