Mengintegrasikan Ushul Fiqh dengan Tantangan Hukum Kontemporer: Peranannya dalam Sistem Hukum Islam Modern

Abstract

This study aims to analyze the integration between the principle of Usul Fiqh and modern law, especially in the application of fiqh on digital technology issues. This study uses the Mixed-Methods Explanatory Sequential Design approach, which combines the initial quantitative analysis with qualitative interviews to understand more in the challenges that arise. Primary data were obtained from DSN-MUI fatwa (2019-2024) and the decision of the Religious Courts, analyzed through content analysis to find the pattern of using the Usul Fiqh method. In addition, a survey with 120 religious court judges was conducted using a questionnaire that had been tested for validity with Cronbach’s Alpha (α = 0.87). Semi-structured interviews are also conducted to 15 fiqh experts and digital law. The results showed that the Mursalah problem method was more often applied in DSN-MUI fatwa related to fintech and bioethics (68%), while Qiyas was only used in 22% of cases. In addition, the judge faces difficulties in applying istihsan to digital inheritance, and the concept of classic 'classical is inadequate to overcome issues related to digital assets such as NFT and Cryptocurrency. This study also found a shift in the fatwa authority to digital influencers and challenges in the Islamic education system that did not fully adapt to digital literacy. From this finding, research suggested the development of fiqh technology curriculum and digital competency certification for ulama, as well as the application of digital qiyas to overcome legal issues in the context of technology.