Existence of Ushul Fiqh science: domestication epistemological philosophy of law

Abstract

In the perspective of seeking judicial wisdom, human activities in the process of knowing the law are an inseparable part of the way of being human (knowing is a mode of being). Law knowledge developed by humans is a positive step to be able to act more precisely in interacting with the world, society, our self, believers, and also with God (knowledge is for the sake of action). If we realize, actually the knowledge (of religion) has a realistic dimension (al-Bu'du al-Wâqi’iy) in practice. Thus, the development of the formulation of a science (al-Tathawwur al-‘Ilmiy) cannot be separated from the historical sides that underlie its codification. The formulation of fiqh proposal as a philosophy of Islamic law goes through a similar experience. Basically, human efforts to obtain knowledge are based on three main problems, namely: The application of the basic principles of the philosophy of science—the object to be known—in the body of the fiqh proposal can be understood through historical awareness (al-Wa'yu al-Târikhiy). The basic principles of the next philosophy of science—haw to gain knowledge—in the proposal of fiqh can be passed through theoretical awareness (al-Wa'yu al-Ndzariy). While the last basic principle—the value produced—on the body of the fiqh proposal can be done using practical awareness (al-Wa'yu al-‘Amaliy). Based on the application of the basic principles of the philosophy of science, fiqh proposal can be categorized as the philosophy of law.