Implementation of Qawa'id Al-Fiqhiyyah Mazhab Hambali in Islamic Economic

Abstract

Purpose: This research aims to provide knowledge about qawa'id al-fiqhiyyah Hambali sect thought and its application in sharia economic law seen of the four popular rules of jurisprudenceDesign/Method/Approach: This research is library research, using documentation data collection techniques, and data analysis using content analysisFindings: Results showed that qawaid fiqiyyah dissect Hambali's for bidden right speed before the time, over the main push of the lift, badal (substitute) is positioned mubdal (replaced), and the latter considered common practice, while rare, and there is no law to him. The fourth method is able to address the problem Kulli (general), and in particular the problems of legal jurisprudence of Islam among the modern economy, which in this case study can not be separated from AL Quran and Hadits.Originality/Values: The main contribution of this research is to fill the gap in how the implementation of qawa'id al-fiqhiyyah mazhab hambali in Islamic economic law.

Dharurah and the Realization of Maqashid Sharia: Analysis of the Implementation of Islamic Legal Maxims on Emergency

“…Islamic legal maxim is a guideline and basis for determining general and universal laws that are applied to various events and problems that arise in the daily life in society (Sugianto, 2020). The presence of Islamic legal maxim is very important in dealing with various phenomena and dynamics of community activities that continue to develop (Hendrianto & Bisri, 2021). If it is associated with the objectives of the sharia, then the maqashid sharia theory is a combination of the science of ushul al-fiqh and islamic legal maxim (Muhamamd Ridhwan Abdul Aziz & Mohd Shahid Mohd Noh, 2014).…”

“…The urgency of islamic legal maxim is needed to answer various contemporary problems that have emerged recently, and there is no specific argument that explains the law. The existence of limitations related to specific legal stipulations in the Al-Qur'an and Sunnah requires a foothold for mujtahids to perform istinbath (Hendrianto & Bisri, 2021). Especially in the context of an emergency, where dharurah conditions develop dynamically, and it is possible for conditions to emerge.…”