USUL AL-FIQH: ITS EPISTEMOLOGY, PURPOSE, AND USE

<p align="center"><strong>ABSTRACT</strong></p><p><em>Usul Fiqh is a branch of science that until now the benchmark in the process istinbath Islamic law. If traced its history, we all know that the birth, growth and development of Usul Fiqh legal problems began when Muslims dynamics continue to evolve with the times. Hence, the necessary process of Ijtihad, to give a definite legal status of the legal problems at the time of the Prophet Muhammad was not found practical, and yet thrive in this modern era. The practice of marriage through a video conference, euthanasia, in vitro fertilization, cloning humans, a few of the many problems facing people today, which requires rule of law so that the Muslim community is maintained their religiousity from the things forbidden by Allah May He be elevated. Of the many objects in the study of Usul Fiqh, Studies on dalalah an interesting study once seized the attention of students of Islamic law. Dalalah are actually a lot more load semiotic language debate in the Qur'an and hadith and technical rules, it has strict rules and procedural processes in the context of Islamic law istinbath process. In fact, differences of opinion among Islamic scholars pretty much due to the differences in the language of semiotics in understanding the Qur'an and Hadith. On the basis of these considerations and perspectives, the authors assess the discourse surrounding derivatives dalalah and technical rules becomes very important to know though in its concise approach.</em></p><p><em> </em></p><p><strong>Key Word</strong> : Dalalah, Ushul Fiqh, Semiotic, Ijtihad</p>

Abstract, The substance of this paper is the mapping of thoughts of the renewal of ‘Usul Fiqh’ that has popular or being occurred in Indonesia, by expressing the proposed idea of the method of legal istinbat based on detailed arguments and not in favor of the dominance of a particular madzhab. The urgency in the academic context becomes an interesting study to be criticized and developed by activists who are concerned on Islamic law in Indonesia. In the context of law need, the mapping became the initial data to encourage the building of renewal ideas. There are two renewed mindsets: Firstly, institutional reform (NU-Muhamamdiyah, MUI, and others). Secondly, reforms are partial among Indonesian Muslim scholars. The thoughts of the proposed Jurisprudence were categorized into three forms: Contextualization of the school, reconstruction of interpretation and vernacularisation of ‘Ushul Fiqh’ in Indonesia based on local Indonesian culture.

The phenomenon of Islamic legal liberalism in various Islamic countries often contradicts established Islamic legal norms. It is this phenomenon which then often causes polemic in the context of Muslim religious and social life. It does not mean to judge whether or not the various forms of Islamic legal liberalism exist. But philosophical things that need to be realized, that Islamic law (fiqh) is a dynamic product of thought that is built from an existing Islamic legal methodology (usul fiqh). On this basis, this study aims to find the paradigm of the development of contemporary ushul fiqh. This type of research is library research. The primary source used in this study is the thought of Wael B. Hallaq about the typology of the renewal of the contemporary ushul fiqh in his book entitled A History of Islamic Legal Theories. The theory used as the analysis theory in this study is the theory of scientific revolution from Thomas S. Kuhn. This study concludes that the stage of paradigm shift and scientific revolution, namely the drastic change from the old paradigm to the new paradigm that aims to answer the problematics that can not be solved by the old paradigm. Where in the context of the development of contemporary ushul fiqh, the normal stage of science can be seen in the development of established methods of classical ushul fiqh, as well as contemporary ushul fikih methods of religious utilitarianism. While the stage of paradigm shift and scientific revolution can be seen in the drastic change of the various classical ushul fikih methods that have been established into various methods of contemporary ushul fiqh, as well as various ushul fiqh methods of religious liberalism.

As a method of rational thinking, ushul fiqh not purely built on a foundation of logic, but also based on wahyu. The Ulama did not take the rules of usul fiqh as adapted a formal logic, but they adapt and changing into a new logical thinking which covers the whole essence of religious teachings. The colaboration wahyu and logic that makes ushul fiqh survive alot of time, even attracted the attention of the scientific to be continuously assessed. Epistemologically, usul fiqh is a scientific theory that to see work based on the Islamic arguments law. Ushul fiqh not born in empty space, but is present in accordance challenges and legal needs. The science of fiqh ushul built to formulate rules to get an Istinbath hokum according to the change and development of society

Abstract
 Studying the science of ushul fiqh in the traditions of Islamic campuses and pesantren is significant for the discovery and formation of Islamic economic law. Even ushul fiqh was made a compulsory subject that must be mastered by Islamic economic law experts today. However, studying ushul fiqh on campus and Islamic boarding schools is trapped in a conservative paradigm, where studying ushul fiqh is limited to something that is consumptive, read and memorized, without contextualization and application. In fact, ushul fiqh must be presented in the midst of Islamic economic in a logical and realistic way, even ushul fiqh as the primary commodity of Muslim economic law experts in the methodology of istinbat al-hukm must touch the economic problems faced by contemporary society. That is the challenge of Islamic economics law experts in studying ushul fiqh today. This paper, how to explain the activities of Muslim economic law experts in studying and understanding ushul fiqh with a descriptive-qualitative research approach model. So what is studied in this paper is the paradigm of thinking in a community of Muslim economists in studying and developing ushul fiqh, when faced with socio-economic problems that require the juridists of Islamic law in the frame of religious texts. From the results of this discussion it can be seen that the ushul fiqh for Islamic economic jurists in the development and dynamics model of ushul fiqh is centered on; revitalization of ushul fiqh, text diversification (fahm nushus asy-shari'ah) and extensification of maqashid as-shari'ah, namely expansion in understanding the purpose of sharia (fahm maqashid as-shari'ah). Besides that, Islamic economic law experts can use the method of ushul fiqh as tariqatu al a'mal, (work patterns), first, making maslahah as a tool in establishing Islamic economic law. Second, it is like matching the fatwa of ulama's law, with the current situation and condition. Third, carry out the operation of Usul Fikih in the formation Islamic economic law as a deductive method. And fourth, complete with Qawaid al-Fiqhiyyah.

Penelitian ini bertujuan menjelaskan bagaimana hubungan ijtihad dengan qiyas yang dianggap identik oleh Imam Syafi’i, karena ia secara tegas menyatakan: ijtihad adalah qiyas (huma ismani li ma’nan wahidin), dan pendapatnya tertulis dalam kitab monumentalnya al-Risalah yang dikenal luas di kalangan ushuliyyun sebagai kitab ushul fiqh pertama. Hal ini menarik karena faktanya pendapat Imam Syafi’i yang dianggap sebagai Bapak ushul fiqh tersebut ditolak oleh sebagian besar usuliyyun, bahkan oleh al-Ghazali yang termasuk salah seorang tokoh besar dalam mazhab Syafi’i. Metode yang digunakan dalam penelitian ini adalah telaah kepustakaan, dengan melihat langsung pendapat Imam Syafi’i dalam kitab al-Risalah dan membandingkannya dengan kitab-kitab usul fiqh lainnya, baik dalam mazhab Syafi’i maupun di luar mazhab Syafi’i, termasuk tulisan-tulisan usuliyyun kontemporer tentang qiyas dan ijtihad. Hasil penelitian menunjukkan bahwa pendapat Imam Syafi’i tentang ijtihad adalah qiyas dapat dibuktikan kebenarannya, dengan melihat pola penalaran yang dijelaskan dan digunakan usuliyyun dalam berbagai metode usul fiqh yang berkembang pasca beliau, baik di era klasik maupun modern.

Studying the science of ushul fiqh in the pesantren tradition is significant for the discovery and formation of Islamic law. In fact, ushul fiqh is a mandatory subject that must be mastered by students from the Ibtidaiyah, Aliyah to Ma'had aly levels today. However, the majority of students who study ushul fiqh in Islamic boarding schools are stuck in a conservative paradigm, where studying ushul fiqh is only limited to something that is consumptive, read and memorized, without being contextualized and applied. In fact, Ushul fiqh must be able to be presented in the midst of society in a grounded logical and realistic manner, even ushul fiqh as the primary commodity of the santri in the methodology istinbat al-hukm must address the problems faced by contemporary society. That is the challenge for the students millennial generation in studying ushul fiqh today. In this paper, how to describe the activities of studentsnow salafiyah Islamic boarding schools (not salafi) in studying and understanding ushul fiqh with a descriptive-qualitative research approach model. So that what is studied in this paper is the paradigm of thinking in a community of millennial students in studying and developing ushul fiqh, when faced with social, cultural, political and economic environmental issues that require juridical Islamic law in the frame of religious texts. From the results of this discussion it can be seen that the millennial students' style of thinking in the development and dynamics model of ushul fiqh athoriqotul `Amala (work method) exploration of Islamic law is centered on; revitalization of ushul fiqh, text diversification (fahm nushus asy-syari'ah) and extension maqashid as-syari'ah, that is, the expansion in understanding the purpose of Sharia'h (Fahm maqashid as-syari'ah). Besides that, millennial students can use the ushul fiqh method as a methodthariqatu al a'mal, (work pattern). First, making maslahah a tool in setting the law.Second, match like the legal fatwa of the clergy, with the current situation and conditions.Third, operationalize Ushul Fiqh in Islamic law istinbat as a deductive method. And fourth, complete with Qawaid al-Fiqhiyyah.
 Keywords: ushul iiqh, social problems, millennial santi

Writing the Role of Android Technology in understanding the science of Ushul fiqh for Sharia Business Law students in the Islamic Faculty of Trunojoyo University, Madura is the result of a learning innovation program held by the University of Trunojoyo, Madura. Usul fiqh as a means of law istinbath method must be mastered by students as candidates for mujtahid in the coming era. Considering the current era is a millennial era where everything is completely based on information technology, web, social media and so on. As is known, the Science of ushul fiqh as a methodology in formulating Islamic law is very important to be mastered by mujtahids or mujtahid candidates (students). A mastery that is qualified in the field of usul fiqh will give birth to valid and quality jurisprudence. But the facts on the ground show that students who are involved in the field of sharia / Islamic law, especially Islamic business law students of the Islamic faculty of Trunojoyo University, Madura, have difficulty in mastering this knowledge. Various reasons can be raised, both due to internal and external factors. Especially young people from millennial generation who are very familiar with information technology and social media, they will certainly experience difficulties if they are not approached according to their nature and environment. Therefore, a breakthrough needs to be made by using Android-based information technology with the analogy approach so that these millennial students are able to master Ushul fiqh, by creating a practical application that is easily understood by analogy techniques. The results of innovation show that student understanding can increase.

Model learning is very much, including the problem-based learning model. The problem-based learning model itself is a learning model in which there is a problem-solving process carried out by students, both individually and in groups. The PBL model has been carried out by the Institute for the acceleration of Logic and Ushul Fiqh (Logical) in the study of Logic and Ushul Fiqh. This study aims to find out how the application of the PBL model in the LOGIS acceleration institution, the impacts and obstacles faced in implementing the PBL model. This is very important to be studied as an effort to develop the PBL model. The research method used is a qualitative method with a discriminatory case study type. Researchers as full participants. The subjects of this study were the head of LOGIS, Head of Education Bid, some LOGIS supervisors, and some LOGIS members. and some members of LOGIS. Data collection is carried out by interview, observation and documentation techniques. The results showed that: the application of the problem-based learning model in learning Logic and Ushul Fiqh in the Logic and Ushul Fiqh (LOGICAL) acceleration lemabaga can be said to be good. This is still not said to be perfect because there are obstacles faced in implementing the PBL model itself.

The term Islam Nusantara has sparked and caused polemics, pros, and cons that are quite warm in Indonesia since 2015 until now. As happened in the West Sumatra MUI environment. Islam Nusantara is interpreted as a religious pattern that exists in the archipelago, both at the level of religious practice and how to preach it. The level of amaliyah is interpreted as religious behavior that exists in the archipelago, especially in relation to fiqh which originates from its religious understanding. The problem is: What is the source of knowledge used in formulating Islamic fiqh in Nusantara? What is the validity and method of understanding the sources of knowledge used in formulating Islamic jurisprudence in Nusantara? How is the contribution of Islam Nusantara jurisprudence in reforming family law in Indonesia? This study aims to find answers to the epistemological formulation of Islamic jurisprudence in the archipelago and its contribution to reforming family law in Indonesia. To answer the questions above, the author uses qualitative research methods, types of literature research, the theory of ijtihad with the ushul fiqh approach. This means that the study of the concept of Islam Nusantara is carried out using the framework of ushul fiqh knowledge, especially regarding the concept of ijtihad. At the level of research work, the stretching of thinking to produce fiqh concepts that are unique to the archipelago is seen as part of ijtihad activities. The findings of the research are: (a) The source of knowledge used in formulating Islamic jurisprudence in the archipelago is a source of knowledge commonly known in the study of fiqh and ushul fiqh, both the mujma ’alaih and the mukhtalaf fih, (b) the source of knowledge as said to be valid. By giving a large enough portion to 'urf, and a benefit-oriented understanding, (c) Islam Nusantara’s fiqh can be used as an alternative law in the context of reforming family law in Indonesia.Keywords: Islam Nusantara, Jurisprudence, Epistemology, Legal Reform

The views of some people who state that Imam Ahmad bin Hambal is not known as a fiqh expert. He was better known as a hadith expert in his time. Wrestle around the science of hadith and explore this field. In the science of hadith, there is no known qiyas and ijma 'as contained in the science of ushul fiqh. In the study of the science of hadith, the truth is very clear and vice versa. Consideration of benefits and harms tends to be more frightening when compared to a problem understood by the system that applies in the science of ushul fiqh. This research is a qualitative literature review that discusses the position of Imam Ahmad bin Hambal and his followers in the spread of the knowledge of ushul fiqh. As a result of this research, it can be concluded that Imam Ahmad bin Hambal has a real contribution to the spread of the science of ushul fiqh and its application in the lives of Muslims. This is at least marked by the number of Imam Ahmad bin Hambal's teachers who are experts in the science of ushul fiqh as well as his students who care and practice ushuliyah rules to answer religious problems that occur in the community. Their work has contributed to the life of Muslims as a rebuttal to the assumption by some people that Imam Ahmad bin Hambal or the Slavi school is very minimal in the study of ushul fiqh so that it tends to be more extreme compared to other schools of thought. In fact, if we are honest, then we will find that the Slavi school has a major contribution to the development of the science of ushul fiqh even though in legal fatwas it is still more likely to interpret an issue of Islamic law through the approach of hadith fiqh. Keywords: Usul Fiqh, Imam Ahmad bin Hambal, Islamic Law

ABSTRACT
 This paper is intended to examine the impact of Maqashid Shari'ah in Ijtihad. Maqashid Syari'ah was originally a sub-discussion in the study of Ushul Fiqh. But now Maqashid Shari'ah has its own study. Likewise with Ijtihad which is part of the discussion of Ushul Fiqh. Usul Fiqh experts usually put the discussion of Ijtihad at the end of each of their works. This does not indicate that the study of Ijtihad is not important compared to other studies. This is because ijtihad is the conclusion of all the discussions in ushul fiqh. Ijtihad is an effort made by experts in Islamic law to explore laws that do not have clear arguments from sources of Islamic law. Those who perform Ijtihad are called Mujtahid. To achieve this goal, this article begins with a discussion of the meaning of Maqashid Shari'ah and its benefits, the meaning of Ijtihad and its urgency. The Maqashid impact in Ijtihad. The danger of an excessive Maqashid approach in Ijtihad without paying attention to the rules that have been set. The method used in writing this article is a literature review method by reviewing and referring directly to primary and secondary references in the study of Maqashid and Ijtihad.
 Keywords: Maqashid Syari’ah, Ijtihad, and Syari’ah.

This article intends to elaborate in depth on Abd al-Jabbar ar-Rifa'i's (AJR) thoughts about the philosophy of fiqh. This topic is particular because AJR explicitly uses the term the philosophy of fiqh as a new study in Islamic law, as a new branch of ushul fiqh. To deeply explain the concept of the philosophy of fiqh and its position in Islamic law studies, the author uses qualitative descriptive research with a philosophical approach, especially the philosophy of science. This research found that AJR limits the philosophy of fiqh in a loose definition, whereas a material object, fiqh, is approached with a philosophical and sociological perspective. The philosophy of fiqh is also compared with other traditions in Islamic law studies, such as ushul fiqh and maqashid asy-syari’ah. With these broad boundaries, the AJR concept of the philosophy of fiqh is flexible. It opens up opportunities for developing broad fiqh studies when faced with developments in modern science and responding to various contemporary problems the Muslim community faces. The philosophy of fiqh in this article also shows the shifting paradigm cycle in the study of fiqh or Islamic law.

The purpose of this study is how models of the application of Usul Fiqh are used as a basic source for solving Sharia-based economic problems. Where Usul Fiqh has always been considered an essential discipline for Muslims, it lies in its position that it can easily understand modern economic laws that are not covered by other sciences. In addition, the science of Fiqh Ushul is considered to help understand and solve problems surrounding furu'iyah or fiqhiyyah that continue to develop from time to time and from various uncertain situations and conditions. The method used in this study is qualitative, with a normative approach and analytical content. The primary source of this research is text documents related to this theme. The results of the study concluded that Ushul Fiqh is considered to be a solution to legitimize and provide support for the law regarding every economic activity in every field of the transaction (muamalah), as long as it adheres to the basic principles of law, namely not violating the text and maqhasid al-Sharia.

Since its introduction at the beginning of Islamic history, Ushul Fiqh has undergone significant developments, especially in facing the increasingly complex challenges of modern times. This study aims to analyze the changes and developments that have occurred in Ushul Fiqh so far, as well as the underlying factors. This research discusses the development of Ushul Fiqh in the contemporary world. Ushul Fiqh is a branch of knowledge in the study of Islamic law that aims to identify the methods and principles used in deriving laws from the sources of Islamic law. The method used is a literature review of various primary and secondary sources, such as classic books of Ushul Fiqh, contemporary literature, and scientific articles. A historical approach and conceptual development analysis were used to understand how Ushul Fiqh has changed over time. The research findings show that Ushul Fiqh underwent adjustments and transformations to address contemporary issues such as technology, human rights, bioethics, economics, and modern finance. One of the main factors influencing the development of Ushul Fiqh in the contemporary world is globalization, which has brought new challenges in interacting with different cultures and legal systems. In addition, social and political changes have also played an important role in shaping Ushul Fiqh's views towards more modern issues. This research provides an in-depth understanding of the development of Ushul Fiqh and its relevance in dealing with the complexities of modern times. It is hoped that this research can make a positive contribution to the development of the science of Ushul Fiqh, inspire further studies, and provide guidance for scholars and practitioners of Islamic law in responding to the challenges of contemporary times.