The Concept of Taghyir in Al-Bazdawi’s Usul al-Fiqh and Its Relevance to Contract Law in the Compilation of Islamic Economic Law in Indonesia

Abstract

Although the Compilation of Islamic Economic Law (KHES) is officially recognized and has become a legal code in Indonesia, its flexibility in adapting to the changing times is still being questioned. Al-Bazdawī (d. 482 AH), a scholar of the Hanafi School, offers the concept of taghyīr, which is relevant for maintaining the flexibility of uṣūl al-fiqh (principles of Islamic jurisprudence), including what is found in KHES. This research aims to understand the concept of taghyīr according to al-Bazdawī’s uṣūl al-fiqh, its relevance to the contract law in KHES, and the implementation of the taghyīr concept in the context of Islamic economic law in Indonesia. This study is a theoretical legal research focused on doctrine and the qanun in KHES, using the methodology of uṣūl al-fiqh. The primary sources are al-Bazdawī’s uṣūl al-fiqh works, as well as KHES and several previous studies. Data is collected through document studies and analyzed prescriptively. The results of this study conclude that the concept of taghyir according to al-Bazdawī’s uṣūl al-fiqh refers to the adaptation of uṣūl al-fiqh to meet evolving social demands without compromising its fundamental principles. Its relevance to KHES is very strong, as KHES is a contemporary ijtihad that applies taghyīr in modern Islamic economics, emphasizing legal reform, flexibility, maṣlaḥah, adaptation to the times, and the use of ʿurf and change in contracts. The implementation of taghyīr al-Bazdawī in Islamic economic law in Indonesia includes: 1) developing modern Islamic financial products, such as fintech; 2) regulating various contracts while maintaining Shariah principles issued by the government; 3) and integrating approaches from various disciplines, such as economics, sociology, and law, to create comprehensive and effective solutions in the field of Islamic economics. These three aspects inherently involve efforts to apply conditions and exceptions as intended by taghyīr al-Bazdawī.