ILMU KAIDAH FIQH

(KAJIAN GENEALOGI DAN EKSISTENSI)

Abstract

Al-Qawa'id al-Fiqhiyyah, the term can be simplified to Fiqh Rules which are a collection of several similar laws which are returned to one Qiyas that collects them or to one legal provision that binds them. The rules of Fiqh contain, cover and collect various kinds of fiqh issues from various topics so that Islamic legal experts can truly return all fiqh problems to the Fiqh Rules. Therefore, Fiqh Rules can be said to be the result or conclusion of detailed and separate laws of Fiqh which are then tied into one bond or one rule. The relationship between Fiqh Rules and Fiqh in Islamic law can be aligned to the relationship between the sciences of Sharaf and Nahwu as a unit of science that complements each other and cannot be separated. Studying Fiqh without studying the Fiqh Rules will only find khilafiyah as a result of ijtihad, differences of opinion and differences in the mindset of the Mujtahids. The Fiqh Rules are divided into 3 large groups, namely, the first, al-Qawaid al-Khamsah al-Kulliyah (five basic rules). This rule is agreed upon by all schools of fiqh. Secondly, al-Qawaid al-Aghlabiyyah, rules that have quite a lot of furu' coverage but not as much as the first group. These rules are agreed upon by Syafiiyah scholars. The number of rules in this group is 40 rules. Thirdly, al-Qawaid al-Qaliliyah (rules that limited in scope) also called al-Mukhtalaf rules, namely rules that are still disputed among Syafiiyah scholars. The number of rules in this group is 20 rules.