Dari Dalil Ke Kaidah: Dasar Pemikiran Al-Qur’an, Dan Sunnah Menjadi Sumber Pembentukan Qawaidh Ahkam, Dan Transformasi Historis Dan Kodifikasinya

Abstract

This study aims to elaborate the foundational reasoning of the Qur’an and the Sunnah as the primary sources for the formation of qawāʿid al-aḥkām and to analyze their transformation from the early developmental phase to their refinement in the modern era. Employing a literature review method, the research examines both primary and secondary sources on the epistemology of Islamic law, particularly concerning the status of the Qur’an, Sunnah, ijmāʿ, and qiyās. The findings reveal that the Qur’an and Sunnah serve as authoritative sources of law and as the foundation for the formulation of fiqh principles, either explicitly through textual evidence or implicitly through the process of ijtihād. Meanwhile, ijmāʿ and qiyās are not independent sources but rather methods of istinbāṭ that function to uncover the rulings embedded in the scriptural texts. The study also traces the transformation of qawāʿid al-fiqhiyyah through four stages: the developmental period, codification, maturation, and perfection, culminating in the codification of Majallat al-Ahkām al-‘Adliyyah. In conclusion, repositioning the epistemology of qawāʿid al-aḥkām is essential to maintain consistency between usul fiqh theory and the practice of legal codification while ensuring their relevance to contemporary legal issues.