Qaw─üÔÇÖid Fiqhiyyah as Islamic Epistemology and its Application at Marriage Law in Indonesia

Abstrak

Qaw─ü'id fiqhiyyah is a scientific field related to the methodology and philosophy of Islamic law. Qaw─ü'id fiqhiyyah has been widely used as a basis to solve legal problems in society. As a philosophy, qaw─ü'id fiqhiyyah is used as the basis for philosophical thinking to develop and discover new laws. This function of qaw─ü'id fiqhiyyah is closely related to epistemological studies. This paper analyzes and proves that scientifically qaw─ü'id fiqhiyyah is an epistemology in Islamic law. In addition, this paper also provides concrete evidence of the use of qaw─ü'id fiqhiyyah as an epistemology of Islamic law. The study of qaw─ü'id fiqhiyyah as an epistemology refers to the epistemological concept of Muß©Ñammad '─Çbid al-J─übiriy. The examples of its use or application to the provisions of marriage law are contained in Law Number 1 of 1974 and the Compilation of Islamic Law. It shows that the function of qaw─ü'id fiqhiyyah according to the epistemological concept of al-J─übiriy, is as guardians and developers of legal texts (Al-Qur'an and Hadith) as well as inventors of new laws.