Dynamics of the Implementation of Qawaid Fiqhiyyah in the Sharia Economic Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI)

Imam Kamaluddin
Achmad Charis Maulana
Sultan Nanta Setia Dien Labolo

al-Afkar, Journal For Islamic Studies
Vol. 7 No. 4 (2024)

This study aims to analyze the use of fiqh rules in Islamic economic fatwas issued by the National Sharia Council-Majelis Ulama Indonesia (DSN-MUI). The research method used is library research by using 152 DSN-MUI fatwas as primary data sources. The results showed that of the 152 fatwas studied, there were 4 fatwas (3%) that did not use fiqh rules, while 148 fatwas (97%) used fiqh rules in varying amounts between 1-8 rules per fatwa. The most frequently used fiqh rules are the rules "basically, all forms of muamalah may be carried out unless there is evidence that prohibits it", followed by the rules "dar'ul mafasid muqaddam 'ala jalbi al-mashalih", "ad-dharar yuzal", "al-hajatu tunzalu manzilata adh-dhururah", and "al-'adatu muhakkamah". This study concludes that fiqh rules are the main reference in the preparation of Islamic economic fatwas by DSN-MUI, which shows the urgency of fiqh rules in formulating laws related to contemporary Islamic economic issues.