In other contexts ulama and mujtahids also study

In other contexts, ulama and mujtahids also study, deepen and analyze all the vast spaces and
sources of Islamic jurisprudence and berijtihad with the knowledge possessed to study the
principles of sharia relevant to the current situation and place. Thus, they practice a general method
of furu’ new and existing furu’ problems in society. In addition, among the other factors or
elements that lead to the formation of qawaid fiqhiyyah (as described by the scholars and based on
historical facts) is the existence of texts that can be interpreted with various interpretations. This
is because there are texts that are general in form and cover various problems as well as absolute
texts where it gives rise to an opinion to bind it or to muqayyad it.

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In addition, this qawaid fiqhiyyah also arises as a result of the existence of general methods based
on custom or ‘uruf of habit that appear in the development of human life from one generation to
another and from one era to another. Therefore, there are many changes that take place in line with
the changes of times and generations. This indirectly raises various fiqhiyyah issues that require a
clear legal status. Therefore, the appropriate method must be applied to solve the problem of furu's
law. Thus, qawaid fiqhiyyah requires a constant source of logic and practice (as adat or ‘uruf) to
issue flexible laws in addition to addressing current fiqh questions that have always existed and
continued.
In conclusion, the determination of certain principles or methods is very important to facilitate and
solve the problems of fiqhiyyah that are born due to the problems of fiqh and furu 'which are too
many and wide. Thus, the scholars have returned all the problems of furu 'to the five main basic
methods, namely al-qawaid al-khams al-kubra. As a result, various kulliyyah and juz’iyyah
methods have been formed in which each has a role to play in resolving various problems or issues
of current and contemporary fiqh.
4.0 THE RELATIONSHIP BETWEEN MAQASID SYARIAH AND QAWAID
FIQHIYYAH
1. Hizh ad Din
a) Definition
Al-Syatibi (1997) explained, the preservation of religion is done through two methods, first
by taking care of all the things that can guarantee the true faith remains in every human
being. Among the ways is by practicing all the teachings of Islam, jihad to defend the faith,
preaching and spreading Islam. The second method is to take care to avoid all things that
can eliminate or distort the true faith. Among the ways is by rejecting things based on lust
and fighting heresy.
b) Example Relationship Between Hifz al Din and Qawaid Fiqhiyyah.
i. al - Darar Yuzal

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Among the dharuri matters in the objective of shar’iyyah is to preserve the purity of
Islam or better known as the concept of hifz al-din. Since the crime of apostasy
(murtad) is one of the things that touches on the question of faith then it is closely
related to the concept of hifz al-din.