PEMIKIRAN FIQIH IBN QAYYIM AL- JAWZIYAH

Abstract

Qayyim al-Jawziyah is fiqh expert who is strictly bound to ulama salf’s method in the strong reference to nas of al-Qur’an and Hadith. This can be seen in the prinsciples of making legal conclusion which are not very diffent from those of Hambali school; namely the nas al-Qur’an Hadith, ijma, companions’ fatwa, qiyas, istishab, maslahah mursalah, sad al-dhari’ah, and ‘urf. Besides, with his fiqh thought, he is keen on eliminating taqlid, hilah (an effort to avoid law), using ijtihad, and referring to al-Qur’an and Hadith in solving controversial opinions. Ibn Qayyim’s freedom in his opinion is influenced by the political and social setting in which he lived, because despite his living in the period of stagnant thought and the speard of taqlid among Islam community, the anti-democratic ruling of Mamalik made ulama, in general, critical and strict againt the ruler. On the other hand, he was also very intent in making ijtihad and inviting Islamic people not to be strictly bound to one school, because that will end up in the emergence of excessive fanatism because of the taqlid to imam of that school.

Keywords: Fiqh, Ijtihad, Istinbat al-hukm.