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The Muslim minorities in non-Muslim countries face many problems. The most important of which are religious problems. They want to deal with non-Muslims, without taking away their Islamic personality. They are in dire need of a fatwa that is easy and tolerant, away from narrowing and embarrassment. Contemporary scholars, especially syekh Yusuf Qaradhawi, respond this need, and issue fatwas, which are easy and tolerant. The research aims to clarify the principle of facilitation in the fatwas of contemporary scholars with regard to Muslim minorities in the field of personal status, and the suitability of this principle to the principle of facilitation in Islamic Jurisprudence. The character of the research is a descriptive, analytical, and critical. The researcher concludes that the scholars adhered to the principle of facilitation in their fatwas for Muslim minorities, in the field of personal status. And the best testimony to that is the fact that they have stated that it is permissible for a woman to remain with her non-Muslim husband, and that they are allowed to legalize the inheritance of a non-Muslim. The facilitation adopted by them is commensurate with the facilitation of Islamic jurisprudence, its principles and purposes, because it stands on the principle of taking into account of necessity, need, license, rule of origin, and changing the ruling by changing its cause.

Ijtihād is an important way to discover the law over new issues. The need for ijtihād in the present becomes even more important as the problem develops with the development of science and technology. Scholars (ulama) are urgently needed to discover the law over these new problems by using the correct method of ijtihād, by using texts without putting aside the reality of life and the intentions (maqāshid) behind those texts. This research aims to describe the urgency of maqāshid sharia in ijtihād. The study begins by explaining the meaning of ijtihād as well as maqashid sharia, and finally discovering the use of maqāshid sharia on the contemporary fatwas. The approach used in this research is descriptive-qualitative approach, because this study is intended to reveal and describe the meaning of ijtihād as well as maqāshid sharia, and the use of maqāshid sharia on those fatwas. By using research methods outlined above, it can be concluded that the maqāshid sharia have an important role in ijtihād. Therefore, the contemporary scholars relay on the maqashid sharia in their fatwas; in worship, transactions, family jurisprudence, modern medicine and others. Keywords: maqāshid sharia, Ijtihād, Al-Ijtihād al-Maqāshidi.

The muslim minorities in non-muslim countries face many problems. The most important of which are religious problems. They want to deal with non-muslims, without taking away their islamic personality. They are in dire need of a fatwa that is easy and tolerant, away from narrowing and embarrassment. Contemporary scholars, especially syekh yusuf qaradhawi, respond this need, and issue fatwas, which are easy and tolerant. The research aims to clarify the principle of facilitation in the fatwas of contemporary scholars with regard to muslim minorities in the field of personal status, and the suitability of this principle to the principle of facilitation in islamic jurisprudence. The character of the research is a descriptive, analytical, and critical. The researcher concludes that the scholars adhered to the principle of facilitation in their fatwas for muslim minorities, in the field of personal status. And the best testimony to that is the fact that they have stated that it is permissible for a woman to remain with her non-muslim husband, and that they are allowed to legalize the inheritance of a non-muslim. The facilitation adopted by them is commensurate with the facilitation of islamic jurisprudence, its principles and purposes, because it stands on the principle of taking into account of necessity, need, license, rule of origin, and changing the ruling by changing its cause.