URGENSI KAIDAH FIQH DALAM PROBLEMATIKA HUKUM KONTEMPORER

Urgency, rule of fiqh, contemporary legal problems.

Abstract

Most of the scholars of fiqh and ushul view fiqh rules as authentic and universal, especially the first rule of fiqh. This indicates that the formulation of the first rule and its branches has an urgent value in every legal issue, including contemporary legal problems. So, this research was conducted with a descriptive method. And the first finding, the first rule is supported by the sharih text. Second, the universality of the first rule only covers various issues of religious fiqh and legal issues which can certainly be deduced from classical fiqh. Third, the application of the first fiqh rule incontemporary cases is laden with particular exceptions and tends to be inconsistent. It is still stuck with the old textual fiqh paradigm which deals with the area of ​​literal meaning of the text. The conclusion is that the first rule of fiqh cannot be generalizedto all legal problems but can still be applied to certain legal cases in certain contextsbut not absolute because it still requires other approaches.