AL-FIKRAH: Jurnal Kajian Islam, is an academic publication published four times a year in January, March, May, July, September, and November by Pusat Penelitian dan Pengabdian Masyarakat (P3M), Institut Agama Islam STIBA Makassar, Indonesia. This publication conveys real and current research and issues related to Islamic studies, while emphasizing specifics in the discourse of Islamic Studies (Dirasah Islamiyah). The contributions of specialists in adjacent fields are welcome and encouraged in this publication. The article will be published in Bahasa Indonesia, English, and Arabic language. The writing guidelines should be followed by authors who wish to submit their paper to the editorial office of AL-FIKRAH: Jurnal Kajian Islam. The editors will reject a submitted manuscript before it is further evaluated if it does not follow the requirements or is written in a different format. Only manuscripts that adhere to the prescribed format will be accepted by the editors. AL-FIKRAH: Jurnal Kajian Islam also has a CrossRef Member. Therefore, all articles published by AL-FIKRAH: Jurnal Kajian Islam will have unique DOI number.
Pusat Penelitian dan Pengabdian Masyarakat (P3M), Institut Agama Islam STIBA Makassar, Indonesia
Analisis Keputusan Ijtima’ Ulama Komisi Fatwa Se-Indonesia III Tentang Penggunaan Hak Pilih dalam Pemilihan Umum
This study aims to analyse the decision of the Third Indonesian Fatwa Commission of Ulema regarding the use of voting rights in general elections, taking into account the views of contemporary ulema on election law. In addition, this study also aims to examine the extent to which participation in elections can benefit society. This study uses a qualitative approach with a library research method. The data analysed is qualitative and examined through a normative approach, reinforced by comparative and conceptual approaches. Data analysis is conducted qualitatively using a deductive method to draw conclusions based on relevant general principles. The results of the study by the Indonesian Ulema Council's Fatwa Commission III state that exercising the right to vote in elections is a religious responsibility and moral obligation for Muslims. In a democratic system such as Indonesia's, the act of electing leaders is considered a manifestation of amar makruf nahi munkar (enjoining what is good and forbidding what is evil) and an active role in safeguarding the common interest. Therefore, choosing not to participate in elections without a valid religious justification is haram. It is clear that the legal grounds used by the MUI are consistent with the criteria for selecting leaders, which require them to be faithful and God-fearing, honest (siddiq), trustworthy (amanah), active and aspirational (tabligh), capable (fathonah), and committed to advocating for the interests of the Muslim community. This fatwa explicitly states that exercising the right to vote in elections is a moral and religious obligation with legal implications, particularly in selecting candidates who are just, honest, and committed to the welfare of the community.
Analysis, Decision of the Ijtima' Ulama, Fatwa Commission, All Indonesia III, Use of Voting Rights in Elections
Copyright (c) 2025 Andi Ramadan Dani, Syandri, Sulkifli Herman https://creativecommons.org/licenses/by-nc-sa/4.0
Iktikaf dalam Keadaan Tidak Berpuasa Studi Komparatif Mazhab Maliki dan Mazhab Syafii
The purpose of this research is to analyze the views of the Maliki and Shafi’i schools regarding the law of i’tikaf without fasting, and to identify the opinion considered the strongest among the two. This research uses a qualitative method through a library research approach, by examining classical fiqh sources from both schools of thought. The research results show that the Maliki school requires fasting in the practice of i'tikaf, whereas the Shafi'i school does not require fasting. However, based on analysis and Islamic legal principles, the opinion that iktikaf is valid without fasting is considered stronger because there is no text that mandates fasting as a condition for the validity of iktikaf. This research provides flexibility in contemporary iktikaf practices, especially for individuals who are unable to fast due to valid excuses or certain conditions. This results of this research are expected to serve as a reference in formulating fatwas and worship guidelines that align with the teachings and dynamics of contemporary society.
Iktikaf, Fast, Law, Maliki School, Shafi’I School
Copyright (c) 2025 David Claudio Umar, Muhammad Nirwan Idris, Muhammad https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Menjamak Salat bagi Tim Penyelamat Perspektif Kaidah Al-Masyaqqah Tajlibu Al-Taisīr
Jamak prayer refers to the practice of combining two obligatory prayers within one designated time under specific conditions. In disaster response situations, rescue teams may perform jamak prayers due to several influencing factors. This study aims to: first, identify the forms of hardship and obstacles faced by rescue personnel in the field; and second, analyze the application of the legal ruling on jamak prayer for rescue teams within the framework of the Islamic legal maxim al-Mashaqqah Tajlibu al-Taysīr (Hardship Begets Ease). This research adopts a qualitative approach with library research as the primary method. The findings reveal that various factors influence the decision to perform jamak prayers, such as the severity and urgency of the disaster situation, the pressing nature and continuity of rescue operations, limitations of time and space to perform prayers, the physical and psychological condition of the personnel, guidance from religious scholars or spiritual advisors, and reference to the jurisprudential positions of specific Islamic schools of thought. In circumstances where performing prayers at their designated times could hinder life-saving efforts or pose potential danger, jamak prayer becomes a highly relevant and permissible option. This practice aligns closely with the legal maxim al-Mashaqqah Tajlibu al-Taysīr, which provides ease in the face of genuine hardship during emergency conditions. The practical implication of this study is to offer clarity and understanding for rescue teams in disaster response regarding the permissibility of jamak prayer, and to serve as a reference for future scholarly research on this topic.
Disaster, Rescue Team, Combined Prayer, Legal Maxim in Islamic Jurisprudence, Al-Masyaqqah Tajlibu Al-Taisīr
Copyright (c) 2025 Nur Lathifah, Sartini Lambajo, Sri Reski Wahyuni Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Maqāṣid Syarī‘ah Terhadap Hukum Konsumsi Pil Diet Tanpa Resep Dokter
Khaṭā’ Divorce is a form of divorce pronounced by a husband to his wife unintentionally, due to a mistake in speech, being in a state of impaired consciousness, or because of certain circumstances that affect his will and awareness. In other words, khaṭā’ divorce occurs as a result of an error, inadvertence, or unintentionality whether in the utterance or in the intention to pronounce the divorce. This study examines the legal status of khaṭā’ divorce according to the Hanafi and Shafi’i schools of thought and provides a comparative analysis between their respective views, using the methodological approaches of both schools. This type of divorce has sparked differences of opinion among scholars, especially regarding the validity of a divorce uttered unintentionally or without a clear intention. This research employs a normative qualitative method through a literature review of classical and contemporary sources of Islamic jurisprudence, applying a comparative approach to analyze the differing perspectives of the two schools. The objectives are: first, to explain the Hanafi view on khaṭā’ divorce; second, to explain the Shafi’i view on khaṭā’ divorce; and third, to compare the differing opinions of both schools. The results of the study indicate that the Hanafi school deems the divorce valid as long as it is pronounced with a clear (ṣarīḥ) utterance, without considering the intention, emphasizing legal certainty. In contrast, the Shafi’i school requires intention and full awareness as essential elements, thus regarding a divorce without conscious intent as invalid. This difference reflects contrasting approaches: the Hanafi’s formalistic and textual approach versus the Shafi’i’s substantive and ethical approach. In the context of family law in Indonesia, the Shafi’i approach is considered more applicable and solution-oriented as it takes into account psychological aspects and family protection. The implications of this research contribute to the development of comparative jurisprudence and offer a foundation for contemporary ijtihād in handling cases of unintentional divorce
Maqāsid syarīah, Diet pills, Maslahat, Health, Clinical dangers
Copyright (c) 2025 Nur Hasana, Nuraeni Novira, Nurfiah https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Talak Khaṭā’ dalam Perspektif Mazhab Hanafi dan Mazhab Syafii
Khaṭā’ Divorce is a form of divorce pronounced by a husband to his wife unintentionally, due to a mistake in speech, being in a state of impaired consciousness, or because of certain circumstances that affect his will and awareness. In other words, khaṭā’ divorce occurs as a result of an error, inadvertence, or unintentionality whether in the utterance or in the intention to pronounce the divorce. This study examines the legal status of khaṭā’ divorce according to the Hanafi and Shafi’i schools of thought and provides a comparative analysis between their respective views, using the methodological approaches of both schools. This type of divorce has sparked differences of opinion among scholars, especially regarding the validity of a divorce uttered unintentionally or without a clear intention. This research employs a normative qualitative method through a literature review of classical and contemporary sources of Islamic jurisprudence, applying a comparative approach to analyze the differing perspectives of the two schools. The objectives are: first, to explain the Hanafi view on khaṭā’ divorce; second, to explain the Shafi’i view on khaṭā’ divorce; and third, to compare the differing opinions of both schools. The results of the study indicate that the Hanafi school deems the divorce valid as long as it is pronounced with a clear (ṣarīḥ) utterance, without considering the intention, emphasizing legal certainty. In contrast, the Shafi’i school requires intention and full awareness as essential elements, thus regarding a divorce without conscious intent as invalid. This difference reflects contrasting approaches: the Hanafi’s formalistic and textual approach versus the Shafi’i’s substantive and ethical approach. In the context of family law in Indonesia, the Shafi’i approach is considered more applicable and solution-oriented as it takes into account psychological aspects and family protection. The implications of this research contribute to the development of comparative jurisprudence and offer a foundation for contemporary ijtihād in handling cases of unintentional divorce.
Erroneous Divorce, Divorce Law, Hanafi School, Syafii School, Comparative Fiqh
Copyright (c) 2025 Zasmita Noviyanti, Andi Indra Puteri, Ainil Maqsurah https://creativecommons.org/licenses/by-nc-sa/4.0
Etika Profesi Advokat dan Upaya Pembelaan terhadap Terduga Pelaku Kejahatan untuk Meringankan Hukuman (Perspektif Hukum Islam)
This study aims to examine the perspective of Islamic Law on the Ethics of the Advocate Profession and the efforts to defend suspected offenders in mitigating their sentences. The methodology employed is qualitative, focusing on library research supported by normative juridical and socio-historical approaches. The findings reveal several key points: First, the Ethics of the Advocate Profession are accommodated within Islamic values, including piety, honesty, justice, integrity, and professionalism, which are integral to Islamic teachings and reflected in the Indonesian Advocate Code of Ethics. Second, defending a suspect in a hudud case who has not yet appeared before a judge is permitted; however, once the case has reached the judge, such defense is prohibited. Nevertheless, if there is doubt or the suspect remains a mere suspect, an advocate may still provide defense. In the case of ta‘zīr crimes, defense for suspects and accused individuals is allowed. The implications of this research suggest that understanding Advocate Ethics from the perspective of Islamic Law can serve as a foundation for formulating just legal policies. Additionally, this study offers practical and academic contributions to government authorities, law enforcement agencies, society, and future researchers in exploring the relationship between positive law and sharia values within advocacy practices.
Professional Ethics of Advocates, Defense Efforts, Alleged Perpetrator of a Crime, Mitigating the Sentence, Islamic Law
Copyright (c) 2025 Khaerul Ashabi Parawansyah, Rahmat, Askar Patahuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Masa Idah bagi Wanita Cerai di Luar Pengadilan (Studi Komparasi Hukum Islam dan Hukum Positif di Indonesia)
This study aims to examine the legal status of divorce carried out without judicial proceedings, as well as the determination of the idah (waiting period) for divorced women, from the perspectives of Islamic law and Indonesia’s positive legal system. The research employs a qualitative descriptive method using both a normative juridical and comparative approach to explore the similarities and differences in the determination of idah between the sharīʿah-based legal system and the state’s formal legal framework. The findings of this study reveal two main points: First, within Islamic law, a divorce conducted outside of court is deemed valid if the husband fulfills all sharʿī requirements for pronouncing ṭalāq. In contrast, according to Indonesia’s Marriage Law and the Compilation of Islamic Law (KHI), such divorces are not legally recognized by the state unless formalized through court proceedings. Therefore, the registration of divorce in court is a legal necessity to provide certainty regarding marital status and to safeguard the rights of women and children following the separation. Second, the iddah period as stipulated in both Islamic law and Indonesian positive law is based on the Qur’anic injunctions, and both systems agree that the waiting period begins from the moment the ṭalāq is pronounced by the husband. As a scholarly contribution, this study is expected to enrich academic discourse on the legitimacy of non-judicial divorce and to offer practical guidance for both the public and legal practitioners in accurately determining and implementing the iddah period in divorce cases within Indonesia.
Idah, Divorce, Islamic Law, Positive Law, Comparative Study
Copyright (c) 2025 Syifa Melati Ramadhani, Jujuri Perdamaian Dunia, Nita Zikriani https://creativecommons.org/licenses/by-nc-sa/4.0
Standar Keabsahan Lafaz Talak Ṣarīḥ Dalam Perspektif Empat Mazhab
This study examines and analyzes the legal understanding of the standards for ṣarīḥ divorce pronouncements within the four major schools of Islamic jurisprudence: Ḥanafī, Mālikī, Shāfi‘ī, and Ḥanbalī. The primary focus lies in exploring the divergent views regarding the validity of divorce explicitly pronounced by a husband, particularly when uttered under psychological or emotional pressure. This research employs a qualitative method with a normative and conceptual approach, grounded in library-based study. The data sources consist of primary references such as the Qur’an, Hadith, and classical fiqh texts, along with secondary sources including scholarly journals and contemporary fatwas. The findings reveal that all four schools affirm the legal validity of ṣarīḥ divorce even in the absence of intention, provided the husband meets the legal requirements. However, there are substantial differences in assessing the validity of such pronouncements when made under certain mental or emotional conditions. The Ḥanafī and Shāfi‘ī schools emphasize the clarity of the utterance itself, while the Mālikī and Ḥanbalī schools consider the presence of intention and mental awareness. The implication of this study highlights the importance of integrating Islamic legal texts with psychosocial contexts in evaluating the validity of divorce, thereby contributing to the development of Islamic family law that is more contextual and responsive to modern societal dynamics.
Explicit divorce pronouncement, law, validity standars, four schools of thought, comparative Islamic jurisprudence
Copyright (c) 2025 Nur Adelia Salmi, Rustam Koly, Sirajuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Hukum Islam terhadap Ibadah Wanita yang Nifas Melebihi 40 Hari Studi Komparatif Mazhab Syafii dan Mazhab Hambali
This study aims to examine the postpartum bleeding period (pendarahan pasca melahirkan) from both medical and Islamic legal perspectives, as well as to compare the legal methodologies employed by the Shafii and Hambali schools regarding the maximum duration of pendarahan pasca melahirkan. In Islamic jurisprudence, nifas is considered a major ritual impurity (ḥadas akbar) that prevents women from performing certain acts of worship such as prayer and fasting. According to the Shafii school, the maximum duration of Nifas is 60 days, while the Hambali school limits it to 40 days. If bleeding continues beyond these limits, it is classified as istihadah (non-menstrual bleeding). This research focuses on three main issues: (1) What are the medical and Islamic legal views on nifas? (2) What are the methods of legal reasoning (istinbāṭ) in the Shafii and Hambali schools? (3) How do these schools differ in addressing cases where Nifas exceeds 40 days? This study uses library research with a descriptive-qualitative approach, based on various sources such as books, journals, academic articles, theses, and classical Islamic texts. The findings indicate that medically, nifas refers to the discharge of blood following childbirth, typically lasting 4 to 6 weeks—aligning with general Islamic legal principles. In Islamic law, nifas carries legal consequences for women’s ritual obligations. While both schools rely on the Qur’an, hadith, consensus (ijmak), and analogical reasoning (kias), they differ in ijtihād. The Shafii school allows up to 60 days, while the Hambali school restricts it to 40 days. This difference reflects interpretive flexibility in accommodating postpartum variations.
Lochia, Irregular bleeding, Shafii school, Hambali School, Islamic law
Copyright (c) 2025 Muhammad Rafid, Muhammad Ikhsan, Muhammad https://creativecommons.org/licenses/by-nc-sa/4.0
Vasektomi dalam Upaya Mengoptimalisasi Perlindungan Kesehatan Istri Perspektif Kaidah al-Ḍarar Yuzāl
This study aims to analyze the view of the fiqh rule al-ḍarar yuzāl (harm must be eliminated) in the vasectomy procedure as a method of contraception that aims to optimize the health protection of wives. This rule is an important foundation in Islamic law to provide solutions to health problems that can endanger life. The research method used is descriptive qualitative research that focuses on literature studies using a normative approach that examines the relevance of the al-ḍarar yuzāl rule on medical aspects and Islamic law in vasectomy procedures. The results show that vasectomy cannot be justified in the application of the al-ḍarar yuzāl rule. This action is permanent and eliminates the reproductive function intentionally, thus contradicting the principles of Islamic law. Although there is a medical risk of recurrent pregnancy, there are other contraceptive methods available that are milder and reversible. Therefore, the law of vasectomy remains haram and should not be performed, both in normal and emergency conditions. The implications of this study are expected to be a reference in the preparation of contemporary fiqh fatwas on contraception, as well as a guide for doctors and Muslim couples in making medical decisions that are in accordance with Syariat.
Al-Ḍarar, Yuzāl, Vasectomy, Health, rule
Copyright (c) 2025 Fatimah Azzahra, Sri Ujiana Putri, Sri Reski Wahyuni Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Gugat Cerai terhadap Suami yang Melakukan Zina dalam Mazhab Syafii dan Kompilasi Hukum Islam
This study explores the discourse of Islamic family law regarding divorce lawsuits filed by wives due to adultery committed by husbands, focusing on two dominant legal frameworks in Indonesia: Mazhab Syafii and The Compilation of Islamic Law (KHI). The objective is to compare their normative foundations, procedures, and legal protections for women. The research employed a library-based method using normative and comparative approaches, analysing classical fiqh literature and formal state regulations. The results of the research show that Mazhab Syafii allows women to seek khulu’ (divorce through compensation) as a means of exiting an unhealthy marriage; however, its implementation depends on the husband’s consent and is constrained by stringent evidentiary standards, such as the requirement of four male eyewitnesses or a direct confession. This creates significant barriers for women seeking justice. In contrast, KHI provides a more accessible legal pathway through divorce lawsuits in religious courts, allowing the use of flexible civil evidence such as digital proof and witness testimony. This indicates that the Compilation of Islamic Law (KHI) offers a more responsive legal approach to addressing women's need for protection in the face of moral violations within marriage. The contribution of this research is to offer a comparative understanding of how Islamic jurisprudence (specifically the Mazhab Syafi’i) and the Compilation of Islamic Law (KHI) regulate women's right to file for divorce due to a husband's adultery.
Khuluk, Divorce lawsuit, Mazhab Syafii, Compilation of Islamic Law (KHI), Adultery
Copyright (c) 2025 Filvy Fatimah Ali, Saadal Jannah, Siti Sa’dianti https://creativecommons.org/licenses/by-nc-sa/4.0
Keabsahan Ibadah Salat bagi Penderita Autisme yang Sudah Balig Perspektif Hukum Islam
The autism spectrum is a developmental disorder that affects neurological and cognitive functions, including concentration, comprehension, and emotional stability. In Islamic teachings, the obligation to perform prayer (ṣalāh) applies to every Muslim who has reached puberty and possesses sound intellect. However, for individuals with mental disorders such as autism, questions arise regarding the validity of their prayer, particularly due to disruptions in focus and emotional regulation.This study aims to examine how autism influences the performance of prayer, especially in terms of concentration and devotion, as well as to analyze the validity of their prayer from the perspective of Islamic law. This research employs a qualitative method (library research) with normative, juridical (fiqh), and sociological approaches. Data were obtained from classical Islamic legal sources, legal maxims (qawāʿid fiqhiyyah), and contemporary fatwas related to intellect (‘aql) and legal accountability (taklīf).The findings indicate that individuals with autism often face challenges in maintaining emotional stability and concentration during prayer, such as sudden laughter, crying, or repetitive movements. Nonetheless, if the individual is still able to intend (niyyah), comprehend the obligation of prayer, and fulfill its essential pillars and requirements, then the prayer remains valid according to Islamic law. Islam provides legal concessions (rukhsah) for those with involuntary limitations.The implications of this study are expected to serve as a reference in clarifying the legal status of prayer for baligh individuals with autism and as a practical guide for parents, educators, and religious mentors in supporting them to perform prayer validly and in accordance with their capabilities.
Prayer, Autisme, Puberty, Islamic law, validity
Copyright (c) 2025 Moh Saputra, Abdul Munawir, Afrianto https://creativecommons.org/licenses/by-nc-sa/4.0
Praktik Mencium Tangan dalam Tinjauan Kaidah Al-‘Ādah Al-Muḥakkamah
The tradition of hand-kissing during greetings is a deeply rooted practice in parts of the Muslim community, particularly in Indonesia, as a form of respect, especially toward parents, teachers, and religious figures. This study examines the legal status of this tradition through the lens of the Islamic legal maxim al-‘ādah al-muḥakkamah ("custom is authoritative"). The main objective of this research is to analyze how this customary practice can be assessed within the framework of that legal maxim. Accordingly, the study addresses the following research questions: What are the definition and foundational principles of the maxim al-‘ādah al-muḥakkamah in Islamic law? How is this maxim applied to the cultural tradition of hand-kissing? What are the requirements and limitations for this tradition to be considered a valid ‘ādah in accordance with the maxim?. This research adopts a qualitative approach using library research, drawing on classical and contemporary Islamic legal sources related to custom (‘urf) and legal maxims (qawā‘id fiqhiyyah). The findings show that the practice of hand-kissing meets the criteria of a legally recognized custom: it is repeatedly practiced, widely accepted, and does not contradict the principles of Islamic law. Therefore, this tradition can be ruled as permissible (mubāḥ), and in certain contexts, even recommended (mandūb). This study contributes to Islamic legal scholarship by illustrating how customary practices can interact dynamically with the framework of Islamic law.
Legal Maxim, Al-‘Ādah Al-Muḥakkamah, Custom, Hand-Kissing, Islamic Law.
Copyright (c) 2025 Arya Duta, Syandri, Syaibani Mujiono https://creativecommons.org/licenses/by-nc-sa/4.0
Praktik Bagi Hasil Sektor Pertanian Jagung Merah Perspektif Fikih Muamalah (Studi Kasus Desa Massewae Kec. Duampanua Kab. Pinrang)
The practice of agricultural profit-sharing has been practiced for generations, but there are no detailed rules for carrying out the agreement in accordance with Islamic law, which sometimes causes problems related to the distribution mechanism of agricultural products that have been carried out. This study aims to determine the profit-sharing system between landowners and workers regarding community income in Massewae Village, Duampanua District, Pinrang Regency and how the Islamic jurisprudence (fiqh muamalah) reviews this profit-sharing system. This study uses qualitative research in the form of field research using data collection methods based on observation, interviews, and documentation. The data analysis technique used in this study refers to the concept of an interactive model. The results of this study indicate several things. First, the profit-sharing system for the red corn agricultural sector in Massewae Village, Duampanua District, Pinrang Regency uses a three-part system with the condition that the first to third harvests are given to the land cultivators. The fourth harvest is divided between the landowner and the cultivators after all debts are paid off. Second, the practice of agricultural profit-sharing in Massewae Village, Duampanua District, Pinrang Regency, cannot yet be fully used as a model because certain contractual requirements in Islamic jurisprudence have not been met. The implications of this research are expected to serve as a reference for academics working in Islamic law, a guideline for institutions focusing on profit-sharing systems, and a resource for students seeking to delve deeper into profit-sharing.
profit sharing, muamalah fiqh, Massewae, farming sector, practices
Copyright (c) 2025 Umar, Khaerul Aqbar, Awal Rifai https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Komparatif Mazhab Maliki dan Mazhab Hambali Terhadap Status Hukum Wakaf Mu’aqqat
The background of this research lies in the ongoing debate regarding the validity of temporary (mu’aqqat) waqf in Islamic jurisprudence. The Maliki school permits it, while the Hanbali school rejects it. This difference forms the foundation of a comparative study to understand its legal status. This research aims to compare the perspectives of the Maliki and Hanbali schools on the legal status of temporary waqf. The study employs a qualitative descriptive approach using library research as the primary method for data collection. It adopts both normative and comparative methods, with data analyzed qualitatively through a deductive approach. The findings indicate that the Maliki school allows temporary waqf as long as the time limitation is explicitly stated in the contract. The requirement for waqf to be perpetual (mu‘abbad) is not seen as absolute, provided that the benefits of the waqf property can still be legitimately distributed to the rightful beneficiaries. On the other hand, the Hanbali school maintains that waqf must be permanent (mu‘abbad), based on the Prophet Muhammad’s (peace be upon him) statement prohibiting the sale, inheritance, or gifting of waqf property. As an implication, this study is expected to contribute to the development of contemporary Islamic legal studies, particularly in the field of mu‘amalah (social transactions), and to demonstrate the flexibility of waqf law in responding to the dynamics of the modern era.
Analysis, Hambali Comparative, Maliki, mazhab, mu’aqqat waqf
Copyright (c) 2025 Fahmi, Muhammad Harsya Bachtiar, Afrianto https://creativecommons.org/licenses/by-nc-sa/4.0
Bacaan Al-Qur’an sebagai Media Pengamen Perspektif Hukum Islam
The Qur'an is the final holy book revealed by Allah (SWT) to the Prophet Muhammad (PBUH) through the angel Jibril, containing teachings of monotheism, worship, law, and moral values, and serving as a guide for Muslims throughout time. In today’s social reality, a phenomenon has emerged known as Qur’anic street performing, where individuals recite Qur'anic verses in public while asking for donations. This study aims to examine the practice from the perspective of Islamic law, focusing on the role of the Qur'an in Muslim life, the social background behind this phenomenon, and scholarly views on the matter. The research uses a literature review method, referring to sources such as tafsir, Islamic jurisprudence, fatwas, and relevant academic works. Findings indicate that although reciting the Qur’an is a noble act of worship, using it as a means of busking is seen as disrespectful to its sanctity. Many scholars argue that such a practice contradicts Islamic principles, as it blends acts of devotion with material gain. Therefore, public education on the proper etiquette of Qur'anic recitation is needed, along with proactive involvement from religious leaders and policymakers to provide wise solutions to this kind of social issue and to urge the public not to give money to those who recite the Qur’an as street performers.
the qur'an, street performing, islamic law, islamic etiquette, scholarly fatwa
Copyright (c) 2025 Alief Dzaki, Muhammad Yusram, Muh. Isra Syarif https://creativecommons.org/licenses/by-nc-sa/4.0
Konsep Pembagian Tunjangan Pensiun dalam Tinjauan Hukum Waris dan Hukum Positif
The conceptual differences between Islamic inheritance law and positive law in the distribution of pension benefits may give rise to disputes and legal uncertainty among family members. This study aims to examine the conformity of pension benefit distribution with the principles of Islamic inheritance law and to identify the legal implications for heirs in the distribution of pension benefits in accordance with both inheritance law and positive law in Indonesia. This research employs a qualitative, library-based method. The findings indicate that pension benefits received monthly by retirees, whether in the form of pension savings or accumulated contribution funds, are regarded as part of the tirkah (estate) and must be distributed to heirs in accordance with Islamic inheritance law. However, positive law remains applicable in the implementation of pension benefit distribution, which renders inheritance law inapplicable in this context. Therefore, a regulatory review of the existing legislation is necessary, along with efforts to harmonize inheritance law and positive law, such as involving religious organizations and leaders in the legislative process. The implications of this study are expected to provide insights, legal knowledge, and further development for readers, particularly Muslims in general, as well as for policymakers in understanding the distribution of pension benefits.
Allowance, Pension Distribution,Inheritance Law, Positive Law
Copyright (c) 2025 Muthiah, Kasman Bakry, Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Peran Wanita sebagai Sukarelawan Kebencanaan Perspektif Syariat Islam
The role of women in humanitarian action, particularly as disaster volunteers, is increasingly recognized in modern society. However, from a sharia perspective, studies on the legality, limitations, and contributions of women in this area still need to be deepened. This study aims to analyze the legal perspective of Islamic sharia law on women's involvement in volunteer activities, particularly in the context of disaster management. Furthermore, this study also identifies the limitations set by Islamic sharia for women who are directly involved as disaster volunteers, taking into account relevant legal, ethical, and Islamic social values. Using a normative approach through a literature review of several primary sources of sharia (the Qur'an, hadith, the views of scholars) and other sources (books, journals, fatwas), the results show that Islamic history has recorded the active participation of female figures such as Rufaidah al-Aslamiyah and Nusaibah bint Ka'ab. In the context of disasters, the principles of darūrah (emergency) and maṣlaḥah (benefit) provide legal space through rukhsah (dispensation), as long as they maintain sharia boundaries such as aurat, ikhtilat, and orderly work procedures. Fatwas from the Indonesian Ulema Council (MUI) and international institutions also support this legitimacy. These findings strengthen contemporary fiqh discourse and offer guidance for Islamic institutions to build a sharia-compliant, responsive, and inclusive women's volunteer system. The results of this study found that sharia provides ample space for women to play a role in emergency situations and disaster response, as long as they adhere to the boundaries of Islamic sharia.
Role of Women, Disaster Relief Volunteers, Syariat Perspective, Ethics of Volunteering in Islam, Women's Participation
Copyright (c) 2025 Muh Fadhil Amiruddin, Maulana, Abdil Munzir https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah al-Ḥājah Tunazzalu Manzilah al-Ḍarūrah Terhadap Pendapatan Aplikasi Tiktok
In the digital era, TikTok has gained popularity not only as a platform for entertainment but also as a source of income for many people. This study aims to explore the application of the legal maxim al-ḥājah tunazzalu manzilah al-ḍarūrah to income generated from the TikTok application, and to examine the Islamic legal boundaries concerning its use, particularly by women seeking to earn income. This research employs a descriptive qualitative method with a normative approach to analyze Islamic legal perspectives on digital economic activities. The findings show that earning income from TikTok is deemed permissible (syar‘i) through the application of the maxim al-ḥājah tunazzalu manzilah al-ḍarūrah in situations of pressing economic need, such as limited job opportunities, disability, or threats to personal welfare. When the use of TikTok or digital devices like smartphones exposes users to content that contradicts Islamic teachings, but occurs unintentionally, is not repeated, and is accompanied by efforts to maintain personal boundaries, such exposure may still be tolerated under the scope of ḥājah. Income is considered valid when it meets the principles of mu‘āmalah, such as a clear contract (ijārah, ju‘ālah, tabarru‘, or bai‘), halal objects, and is free from ribā, gharar, fraud, and unlawful content. As for women’s involvement in digital media, it is not justified when it involves openly displaying themselves in ways that may lead to fitnah, as this contradicts the Islamic principle of protecting personal honor (ḥifẓ al-‘irḍ). This research is expected to contribute to the development of Islamic legal thought that is more responsive to the challenges of the digital economy and to provide insight into how Islamic principles can be implemented in an ever-evolving world.
Al-Ḥājah, Al-Ḍarūrah, Rule, Revenue, Tiktok
Copyright (c) 2025 Husnul Khatimah, Rosmita, Syamsiah Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Tercampurnya Hasil Buruan Muslim dan Musyrik Perspektif Kaidah Fikih Iżā Ijtama’a al-Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām
This study examines the legal issue of the mixture of hunted animals between Muslim and polytheist hunters from the perspective of the fiqh principle Iżā Ijtama’a al-Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām. The discourse within the Islamic fiqh discipline, specifically regarding the permissibility of food, with a particular focus on the hunting of animals, is central to this research, which addresses the legal issue of mixed hunting outcomes between Muslim and polytheist hunters. The objective of this study is to analyze the halal status of mixed hunting results from Muslim and polytheist hunters and to explain the application of this fiqh principle in this context. The methodology used is a qualitative descriptive approach with library research, utilizing both classical and contemporary fiqh texts to delve into the relevant principles. The findings indicate that the hunting results of a Muslim hunter who invokes Allah's name are halal, while those involving polytheists are considered haram. In cases where the identity of the hunter is unclear, the principle Iżā Ijtama’a al-Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām is applied, prioritizing caution and declaring the entire mixture of hunted animals as haram. This study significantly contributes to the field of Islamic fiqh, particularly by providing guidance on the legal status of mixed hunting outcomes between Muslims and polytheists, and highlighting the relevance of classical fiqh principles in addressing contemporary legal issues.
Mixture, Hunted Animals, Muslim, Polytheist, Fiqh Principle
Copyright (c) 2025 Ariati, Kurnaemi Anita, Eka Syahriani https://creativecommons.org/licenses/by-nc-sa/4.0
Kajian Kritis terhadap Perbedaan Metode Rukyat dalam Penentuan Awal Bulan Ramadan Perspektif: Mazhab Hanafi dan Mazhab Hambali
The determination of the beginning of Ramadan is a crucial aspect of Islamic worship and has long been a subject of scholarly debate among various schools of Islamic jurisprudence. One of the central points of contention lies in the methodology specifically, the use of rukyah (moon sighting) versus hisab (astronomical calculation). This study aims to critically and comparatively examine the differing perspectives of the Hanafi and Hanbali schools on the use of rukyah in establishing the start of Ramadan. Employing a qualitative approach with comparative and conceptual methods, the data were collected through library research on primary and secondary sources from both schools. The findings reveal that the Hanafi school adopts a moderate stance, allowing limited use of hisab as a means of verifying rukyah, while the Hanbali school strictly rejects hisab, recognizing only rukyah as the valid method. The Hanafi approach offers adaptability to scientific advancements but may pose challenges in public clarity. In contrast, the Hanbali position ensures legal certainty based on textual sources, though it may lack responsiveness to modern developments. In the contemporary context, integrating rukyah and hisab presents a viable alternative that balances traditional jurisprudence and modern needs. This study contributes to the broader discourse on comparative Islamic law and usul al-fiqh, and serves as a practical reference in formulating inclusive and contextually relevant policies for the Muslim community.
Rukyah, Hisab, Ramadan, Hanafi School, Hanbali School
Copyright (c) 2025 Ririe Nur Anggreni Ilman, Sirajuddin, Nur Afni A. https://creativecommons.org/licenses/by-nc-sa/4.0
Pandangan Mazhab Māliki dan Syafīi terhadap Wakaf Produktif
This study examines the concept of productive waqf from the perspectives of the Māliki and Shafīi schools, aiming to analyze and compare their approaches to sustainable waqf asset management. The research employs a qualitative descriptive method with normative and comparative approaches through library research. Data were collected from classical sources, such as fiqh books of both schools, as well as contemporary literature on productive waqf in the context of the modern economy. The findings reveal that the Māliki school offers greater flexibility in the management of productive waqf, permitting temporary waqf (muaqqat), asset substitution (istibdāl), and cash waqf, as long as the benefits are preserved. In contrast, the Shafīi school adopts a more conservative stance, requiring waqf to be perpetual (muʿabbad), prohibiting istibdāl except in emergencies, and disallowing cash waqf due to its consumable nature. Both schools emphasize the importance of maintaining the waqf principal and utilizing its returns for public welfare, though with different levels of flexibility
Copyright (c) 2025 Risky Ananda Rachman, A. Hawariah, Andi Dahmayanti https://creativecommons.org/licenses/by-nc-sa/4.0
Penggunaan Aksesoris Rambut (Konde) dalam Rangka Tabaruj Perspektif Fikih Kewanitaan
The phenomenon of adorning hair accessories such as buns has become a beauty trend among Muslim women. However, this practice raises issues from the perspective of women's jurisprudence, particularly regarding the prohibition of Tabaruj (head-buns). This article aims to examine the use of buns within the framework of Islamic law and explain the sharia-compliant limits of their use. This research is a library research study with a qualitative approach and normative analysis, using primary sources in the form of the Qur'an, hadith, and classical fiqh books, as well as the opinions of scholars. The results of the study indicate that the use of buns is categorized as a form of Tabaruj, which is prohibited if styled high like a camel's hump, worn in public spaces, and intended to attract the attention of non-mahram men. Conversely, the use of buns is permitted and even encouraged if done simply, inconspicuously, in private spaces, and intended to adorn one's husband. These findings emphasize the importance of educating Muslim women in understanding the limits of adornment in accordance with Islamic law. This article contributes to the development of contemporary women's jurisprudence and serves as a practical reference in shaping Muslim women's adornment patterns that are in line with the values of modesty, honor, and Islamic principles.
Hair Accessories, Buns, Tabaryj, Women's Jurisprudence, Hijab.
Copyright (c) 2025 Ayu Adilah.H, Hijrayanti Sari, Muttazimah https://creativecommons.org/licenses/by-nc-sa/4.0
Pembagian Warisan kepada Anak dari Hasil Nikah Sepersusuan Perspektif Hukum Islam
This study examines the issue of inheritance rights for children born from invalid marriages due to milk kinship (raḍāʿah), a form of mahram relationship arising from breastfeeding that renders marriage impermissible under Islamic law. Utilizing a normative juridical approach and descriptive qualitative method, the research draws upon evidences from the Qur’an, Hadith, and scholarly opinions from the four major Islamic schools of thought. The primary objectives of this study are to determine the legal status of children from marriages annulled due to milk kinship, and to clarify the rules of inheritance applicable to such children. The findings indicate that if a marriage was initially considered valid but later annulled due to raḍāʿah, the marital relations fall under the category of waṭʾu shubhah (intercourse under mistaken legality). In such cases, the child is not considered illegitimate (walad al-zinā) and retains a valid legal lineage to the biological father. As a result, the child remains entitled to full inheritance rights under shubhah al-ʿaqd. Scholars across the Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī schools generally agree that children born of waṭʾu shubhah are entitled to all civil rights, including inheritance, as prescribed in Q.S. al-Nisāʾ/4: 11. This study contributes to the development of Islamic legal discourse on lineage protection and the rights of children, particularly in contemporary cases involving annulled marriages due to breastfeeding ties. This work can be used as a scholarly reference in the area of Islamic family law, specifically with regard to questions of inheritance and determining ancestry in cases where marriages are deemed unlawful because of shubhah (dubious contracts). Furthermore, the study can serve as a foundation for religious courts to resolve inheritance disputes involving children born out of milk kinship marriages. In light of Indonesian society's socio-legal framework, this study adds to the corpus of recent Islamic legal literature.
Inheritance rights, milk kinship, mahram relationship, lineage, Islamic law, marriages of shubhah.
Copyright (c) 2025 Muhammad Aldi Jabbar, Ahmad Syaripudin, Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Praktik Bagi Hasil Ternak Kambing Pakalawaki di Kabupaten Bantaeng Perspektif Fikih Muamalah
This study aims to analyze the profit-sharing practice of goat farming known as pakalawaki in Bantaeng Regency from the perspective of Islamic commercial jurisprudence (fiqh muamalah). Pakalawaki is a partnership between a goat owner and a caretaker (herder) based on a profit-sharing system after the goats are sold or reproduce. This research is a descriptive-qualitative field study using a normative-phenomenological approach, with data collected through interviews, observations, and documentation. The findings show that the pakalawaki practice in Bantaeng is a profit-sharing system rooted in mutual trust and local custom. In fiqh muamalah, it closely resembles a mudarabah-type syirkah, where the goat owner acts as the capital provider and the caretaker as the manager, based on a mutual profit-sharing agreement. Although the contract is verbal, it is valid in Islamic law due to the recognition of local custom (al-‘ādah muḥakkamah). In certain cases, the system also contains elements of ijarah, especially when the caretaker still receives compensation even if the goats do not reproduce. The practice of pakalawaki upholds principles of Islamic transaction such as clarity of contract, mutual consent, and justice, while avoiding gharar (uncertainty) and ẓulm (injustice). As long as the agreement is transparent, it is considered valid according to Sharia and reflects the flexibility of Islamic law in accommodating local traditions. However, the study also found weaknesses, including the absence of written agreements and a lack of understanding of Islamic legal principles concerning risk and the rights and responsibilities of each party. Therefore, the study recommends the use of written contracts to establish a fair, professional, and Sharia-compliant partnership. This is expected to prevent disputes and bring blessings to the transactions.
goat, pakalawaki, profit-sharing, fiqh of transaction, Islamic law
Copyright (c) 2025 Mirnawati Alya Dewi, Kurnaemi Anita, Asnawati Patuti https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Hukum Islam terhadap Keterlibatan Perempuan sebagai Saksi Partai dalam Pemilu
This research discusses Islamic law's perspective on women's involvement as party witnesses in Indonesian elections. It examines the growing participation of women in all aspects of life, including social and political spheres. The study aims to analyze women's position as witnesses in Islamic law, their participation as party witnesses in elections, and the legal implications related to justice and testimony principles in Islam. The study employs descriptive qualitative research methods alongside normative, juridical, and comparative approaches. The results reveal fundamental differences between judicial witnesses (shāhid) in fiqh and party witnesses in elections. Fiqh witnesses provide shahādah, or legal evidence, to a judge, while party witnesses carry out administrative-political supervision and partisan advocacy. Therefore, the classic restrictions that apply to shahādah are irrelevant to the role of party witnesses. Women's involvement as party witnesses supports the realization of the public good (maṣlaḥah 'āmah), particularly in maintaining election integrity (ḥifẓ al-niẓām), upholding justice ('adl), and carrying out the principle of trustworthiness. Therefore, this research implies that women may participate as party witnesses in elections, but several conditions must be met.
Copyright (c) 2025 Andi Nurbina Putri Maulana J Fahmid, Kasman Bakry, Hijrayanti Sari https://creativecommons.org/licenses/by-nc-sa/4.0
Jual Beli Buah pada Tanah Terlantar Perspektif Fikih Muamalah
This study aims to examine the legal status of fruit sales cultivated on abandoned land from the perspective of Islamic commercial jurisprudence (fiqh al-muʿāmalāt). The research employs a library-based methodology (library research) with a normative approach, focusing on Islamic legal sources, namely the Qur'an and Hadith. The data analysis technique used is descriptive-analytical. The findings of this study indicate the validity of trading fruits grown on uncultivated land, as the cultivator's ownership is deemed legally recognized under the framework of Islamic commercial law. Classical juristic opinions differ regarding the permissibility of selling agricultural produce from such land, depending on the legality of land usage. However, selling fruits from revived (resurrected) land is considered permissible, provided that the transaction meets the essential pillars (arkān) and conditions (shurūṭ) of sale as established by Islamic law. The implication of this study suggests that the practice of selling fruits grown on abandoned lands requires more specific legal guidelines to ensure that contracts comply with sharia principles and to avoid future disputes. This also highlights the urgency for the issuance of fatwas or regulatory frameworks within Islamic commercial law to govern the trade of non-conventional agricultural products.
Islamic Commercial Jurisprudence, Sale and Purchase of Fruit, Uncultivated Land
Copyright (c) 2025 Masrawati, Muhammad Shiddiq Abdillah, Nabilah Al Azizah https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Memakan Hewan Halal yang Dilindungi dalam Tinjauan Hukum Islam
This study aims to examine the legal status of consumption of animals that are halal according to Islamic law, but are included in the category of protected animals due to their rarity status or function in the ecosystem. In Islam, the original law of consuming halal animals is permissible, but under certain conditions it can turn into a prohibition if it causes harm or contradicts the principle of maslahah 'ammah. Islam as a religion that brings mercy to the universe is very concerned about environmental balance and the preservation of living things. The results of the study show that Islamic law provides room for restrictions on the consumption of halal animals if needed to preserve the environment and prevent extinction. Therefore, the state's ban on the consumption of protected animals is in line with the principles of Islamic law. Muslims are obliged to obey these regulations as a form of obedience to ulil amri and moral responsibility towards Allah's creation. The implications of this research are expected to be a reference, as well as useful information for the general public, especially in understanding the status of eating halal protected animals in the review of Islamic law
Copyright (c) 2025 La Ode Hudal, Akhmad Hanafi Dain Yunta, Muhammad https://creativecommons.org/licenses/by-nc-sa/4.0
Penetapan Waktu Berbuka Puasa bagi Penumpang Pesawat Terbang dalam Perspektif Fikih Ibadah
This research aims to examine the permissibility of not fasting absolutely or the obligation to fast for travelers in certain travel situations, to understand the factors influencing the determination of iftar time for airline passengers, and to discuss its rulings from the perspective fiqh of worship. This research employs a qualitative method with a library research approach. The legal-normative approach is used, drawing from both classical and contemporary Islamic jurisprudence sources. The findings indicate that travelers are granted a concession (rukhsah) to break their fast during a journey, especially when fasting may cause hardship or harm. However, if the journey is manageable and the traveler is physically capable, it is permissible to continue fasting, and in some cases, it may even be more virtuous. As for determining the time to break the fast, it should not be based on the departure or arrival location but must follow the actual position of the sun. If the sun is still visible at cruising altitude, passengers are not permitted to break their fast until the sun has fully set, even if it is already time to break the fast on the ground. Conversely, if the sun is no longer visible due to weather conditions or limited visibility, other indicators may be used, such as the appearance of darkness from the eastern horizon, the complete disappearance of sunlight and the solar disc below the horizon, or an announcement from the flight crew. This study also emphasizes the importance of synergy between Islamic jurisprudence, astronomy, and aviation technology in addressing worship-related issues in an era of high mobility, and highlights the need for contemporary ijtihad to develop practical guidelines for Muslims who are fasting while traveling by air
Copyright (c) 2025 Waizza Nur Safitra Prakota, Ahmad Syaripudin, Abdullah Nazhim Hamid https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Kaidah Dar’u al-Ḥudūd bi al-Syubuhāt dalam Kasus Perzinahan Menurut Ijtihad ‘Umar bin al-Khaṭṭāb
This study aims to analyze the application of the legal maxim Dar’u al-Ḥudūd bi al-Syubuhāt (Avoiding Ḥudūd Punishments Due to Doubts) in cases of adultery based on the ijtihād of ʿUmar ibn al-Khaṭṭāb. The research raises two main questions: First, what was the concept of ijtihād employed by ʿUmar ibn al-Khaṭṭāb (ra) in cases of adultery? Second, how is the relevance of the maxim Dar’u al-Ḥudūd bi al-Syubuhāt connected to ʿUmar’s ijtihād in such cases? This study uses a qualitative method with a normative-juridical approach and literature review. The data are sourced from the Qur’an, Hadith, and various classical and contemporary legal texts, which are then analyzed. The results of the research indicate that Caliph ʿUmar ibn al-Khaṭṭāb’s ijtihād in dealing with adultery cases reflects a careful implementation of the principle Dar’u al-Ḥudūd bi al-Syubuhāt, an Islamic legal maxim which asserts that ḥudūd punishments should not be enforced in the presence of doubt. In several instances, ʿUmar refrained from carrying out the ḥad punishment for adultery due to factors such as coercion (ikrāh) or legal ignorance (jahl), opting instead for discretionary punishment (taʿzīr) that was more morally and contextually appropriate. The implementation of this study highlights the importance of caution in enforcing ḥudūd punishments, especially in cases involving ambiguity such as ikrāh or jahl. This aligns with the legal maxim Darʾu al-Ḥudūd bi al-Syubuhāt and supports the use of taʿzīr as a more contextual and relevant alternative for the development of Islamic law oriented toward justice and public welfare.
The Legal Maxim Dar’u al-Ḥudūd bi al-Syubuhāt
Copyright (c) 2025 Nur Hikmah, Rosmita, Eka Syahriani https://creativecommons.org/licenses/by-nc-sa/4.0