Beberapa Itilah Penting ; Membandingkan Qawaid Fiqhiyah Dengan Dhobit Fiqh, Nazhariyah Fiqhiyah Dan Kaidah Ushuliyah

Abstract

When we talk about ushul fiqh, it is always related to qawaid fiqhiyah, dhabit
fiqh, nazhariyah fiqhiyah and qawaidh ushuliyah. All of which are the
knowledge that a mujtahid must possess in carrying out legal istinbath, so
that Islamic (shari'a) law can be flexible in every place and age. From this
discussion, it can be concluded that qawa'id fiqhiyyah are fiqh principles
which are generally deduced from fiqh material that has the same 'illat,
where the aim is to approach various issues and make it easier to find out,
dhabith fiqh is every juz'iyyah fiqhiyyah which contained in one chapter of
fiqh, or universal fiqh principles, the parts of which are contained in one
chapter of fiqh. Whereas Qawa'id ushuliyyah is a branch of Islamic
scholarship, which was born to be used by mujtahid in exploring and
instituting laws from global arguments to issue syara' amali laws, while An
nazariyyat al-fiqhiyyah is concepts of fiqh (Islamic law) which have pillars
and conditions and which are unified by fiqh conceptual networks under a
systematic thematic unit.