Sumber Qawaid Fiqhiyyah Dalam Lintas Mazhab dan Pengembangannya Dalam Studi Hukum Islam

Abstract

This research discusses the principles of jurisprudence, the basis of which existed during the time of the Prophet Muhammad and his companions. The principles of jurisprudence officially became an independent scientific discipline in the 4th century AH and onwards in the following centuries. The 10th century H is considered a phase of maturity and refinement of the rules of jurisprudence, namely during the time of Imam Suyuti (W. 911). After experiencing a period of maturity and refinement, the influence of schools of jurisprudence cannot be separated in forming the rules of jurisprudence. Therefore, each school of jurisprudence has its own style and characteristics of jurisprudential rules. The problem discussed in this research is how the rules of jurisprudence cross schools of thought and how to develop the rules of jurisprudence in the study of Islamic law. The type of research used is normative legal studies, namely examining books of jurisprudence written by scholars from across schools of thought. The results of this research are that the rules of jurisprudence across schools of thought are different and have different forms and styles, to develop the rules of jurisprudence across schools of thought in the study of Islamic law, it is necessary to do 3 things, namely establishing the rules of jurisprudence, perfecting the rules of jurisprudence and coming up with the rules of jurisprudence that are different. new.