Hierarki dan Sumber Pembentukan Qawaid Fiqhiyyah serta Penerapannya dalam Istinbath Hukum Islam

Qawaid fiqhiyyah serve as legal principles that guide Islamic legal reasoning and the derivation of rulings (istinbath al-ahkam). Their application requires an understanding of their hierarchy, foundations, scope, and relevance to specific legal cases. This study analyzes the classification and sources of qawaid fiqhiyyah and their application in Islamic legal reasoning. It employs a normative legal method through library research, examining the Qur’an, hadith, fiqh and usul al-fiqh literature, and scholarly articles. Qualitative descriptive-analytical analysis explores the hierarchy of legal maxims, their formation, and their function in deriving Islamic rulings. The findings show that qawaid fiqhiyyah range from the five major legal maxims to general principles and more specific subsidiary maxims. Their foundations are rooted in the Qur’an and Sunnah, while their formulation develops through jurisprudential analysis, juristic reasoning, and istiqra, which identifies recurring principles across multiple legal cases. In istinbath al-ahkam, these maxims structure legal analysis but cannot replace scriptural evidence or usul al-fiqh methodology. Their application requires consideration of case-specific facts, the maxim’s scope, conditions, exceptions, and relevant legal provisions. An integrated understanding of their hierarchy and sources therefore supports systematic and context-sensitive Islamic legal reasoning.