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
Pembatasan Hak Pengelolaan Harta Terhadap Safih (Studi Komparatif Mazhab Hanafi dan Mazhab Syafii)
This study focuses on comparative Islamic jurisprudence concerning the restriction of property management rights according to the Hanafi and Shafi’i schools of thought. The aim of this research is to examine the views of both schools regarding the restriction of property management rights for a safih (a person deemed incapable of managing wealth properly) and to analyze the similarities and differences in the application of ḥajr as a mechanism for protecting property. This research employs a qualitative approach using library research methods and a comparative analysis of the juristic sources of both schools. The findings indicate that the Shafi’i school considers a safih to be a person who is incapable of managing property competently and regards ḥajr as a Sharia-compliant mechanism for safeguarding wealth. The differences between the two schools lie in the criteria for determining who is considered safih, the duration of ḥajr, and the conditions for its termination. The Shafi’i school, along with some Hanafi scholars, requires both puberty (bulūgh) and financial maturity (rushd) before a person is granted full authority over their property. In contrast, the Hanafi school generally considers adulthood as sufficient grounds for lifting ḥajr, even if rushd has not yet been demonstrated. This study concludes that these differences stem from the distinct methods of legal reasoning (istinbāṭ al-aḥkām) and the differing interpretations of the evidences employed by each school. This research contributes to the development of Islamic law, particularly in the field of Islamic commercial jurisprudence, by providing a conceptual framework for the protection of property, legal capacity, and the principle of maṣlaḥah in response to the evolving dynamics of modern transactions and asset management. The findings are expected to serve as a reference for both academic research and the development of contemporary Islamic legal practice.
Copyright (c) 2026 Muh. Nur Aziizy Al-Qadry, Jahada Mangka, M. Dzul Fadli S. https://creativecommons.org/licenses/by-nc-sa/4.0
Penyelenggaraan Salat Jumat Pada Dua Mesjid yang Berdekatan: Analisis Fikih dan Maqāsid Al-Syarī‘Ah (Studi Kasus Di Kelurahan Manggala Kota Makassar)
This undergraduate thesis aims to examine the implementation of Friday prayer (Ṣalāt al-Jumu‘ah) in two adjacent mosques through the perspectives of Islamic jurisprudence (fiqh) and Maqāṣid al-Sharī‘ah. This study employs a qualitative method using field research with a normative-empirical approach and the Maqāṣid al-Sharī‘ah framework. The findings reveal that, first, the simultaneous implementation of Friday prayer in two neighboring mosques in Manggala Subdistrict is driven by population growth, increasing residential density, limited mosque capacity, and the need to provide easier access for worshippers. Second, from the perspective of fiqh, the performance of two Friday prayers within close proximity is considered permissible when there is a genuine necessity (ḥājah) and the prescribed legal requirements are fulfilled. Third, from the perspective of Maqāṣid al-Sharī‘ah, the implementation of two Friday prayers in Manggala Subdistrict is consistent with the principle of ḥifẓ al-dīn (the preservation of religion) by facilitating the performance of worship, ḥifẓ al-nafs (the preservation of life) by reducing overcrowding and improving accessibility for vulnerable groups, and rafʿ al-ḥaraj (the removal of hardship) by alleviating the difficulties faced by the community in accessing places of worship. Therefore, the implementation of two Friday prayers in the area can be regarded as being in harmony with the public interest (maṣlaḥah) and consistent with the objectives of Islamic law. The implications of this study are expected to serve as a reference and consideration for mosque administrators, religious leaders, and local government authorities in formulating policies regarding the organization of Friday prayer while maintaining public welfare, facilitating religious observance, and preserving the unity of the Muslim community.
Copyright (c) 2026 Aswanto Muhammad Takwi Hede, Sirajuddin Sirajuddin, Muh. Irvan Aldiansyah https://creativecommons.org/licenses/by-nc-sa/4.0
Kontekstualisasi Hadis tentang Larangan Jual Beli Kali Bi Kali Pada Transaksi Kontrak Berjangka Komoditi (Futures Trading) Perspektif Maqasid Al-Syariah
Commodity Futures Trading is a crucial risk management instrument in the modern economy, yet its operationalization triggers intense debate in Islamic economic law. The primary issue lies in the deferment of both asset delivery and payment to the future, which is indicated to violate the Hadith prohibition on kali bi kali trading (exchanging a debt for a debt). This study aims to re-examine the legal status of futures trading through the recontextualization of the Hadith using a non-scholastic-textual approach. This qualitative study employs library research, utilizing a socio-historical approach (asbab al-wurud) and the substantial analysis of maqasid al-shariah."The research results indicate that although the hadith prohibiting ba'i al-kali' bi al-kali' has weaknesses in terms of the degree of its chain of narration (sanad), scholars across various schools of jurisprudence have reached a consensus (ijma') regarding its prohibition because it contains the effective cause ('illat) of maysir (speculation), gharar (uncertainty/deception), and the absence of real assets (a zero-sum game). In comparative analysis, conventional futures trading is proven to fulfill the conditions of the prohibition of ba'i al-kali' bi al-kali' as it fails to comply with the criteria of the Salam contract (which requires advance cash payment). This study concludes the importance of restructuring futures financial instruments based on Islamic Futures Contracts to safeguard the stability of the real sector and prevent systemic crises caused by a speculative economy.
Copyright (c) 2026 Sofyan Nur, Fadlan Akbar, Ahmad Munir https://creativecommons.org/licenses/by-nc-sa/4.0
Pandangan Anggota Dewan Syariah Wahdah Islamiyah terhadap Fatwa Yusuf al-Qardhawi tentang Nikah Misyār
This study aims to analyze the views of the members of the Wahdah Islamiyah Sharia Council regarding Yusuf al-Qaradawi's fatwa on misyār marriage and to identify the underlying considerations shaping those views. This study employed a qualitative approach using field research methods. Data were collected through interviews, observations, and document analysis and were subsequently analyzed using a descriptive-analytical method. The findings reveal that the members of the Wahdah Islamiyah Sharia Council generally do not reject Yusuf al-Qaradawi's fatwa outright. They maintain that misyār marriage is legally valid provided that it fulfills the essential pillars and legal requirements of an Islamic marriage. However, its permissibility is regarded as a case-specific legal concession rather than an ideal form of marriage. Their views are primarily based on several considerations, including the fulfillment of the legal pillars and conditions of marriage, the concept of tanāzul (the voluntary waiver of certain marital rights by the wife), the objectives of marriage in Islam, the balance between public benefit (maṣlaḥah) and potential harm (mafsadah), and the social context underlying the issuance of the fatwa. The study demonstrates that the views of the members of the Wahdah Islamiyah Sharia Council are shaped by a combination of normative and contextual approaches in addressing contemporary issues of Islamic jurisprudence, thereby contributing to a better understanding of the dynamics of religious institutions' responses to contemporary fatwas in the field of Islamic family law.
Wahdah Islamiyah Sharia Council; fatwa; misyār marriage; Yusuf al-Qaradawi; Islamic family law.
Copyright (c) 2026 Asri Asri , Moh Agustiawan, Rachmat bin Badani https://creativecommons.org/licenses/by-nc-sa/4.0
Budaya Passeppi’ dalam Adat Perkawinan Bugis Perspektif Hukum Islam: Studi Living Law di Desa Marioriaja Kabupaten Soppeng
The study is motivated by the persistence of the passeppi’ tradition amid social change and debates concerning the relationship between local customs and Islamic law in Bugis society. This study aims to analyze the implementation of the passeppi’ tradition in Bugis customary marriage practices in Marioriaja Village and to examine the Islamic legal perspective on the tradition. This research employed a qualitative case study approach using normative juridical and socio-anthropological perspectives. Data were collected through observation, interviews, and documentation, then analyzed descriptively and analytically. The findings reveal that the passeppi’ tradition functions as a symbol of respect, preservation of siri’ values, reinforcement of social solidarity, and representation of Bugis identity. From the perspective of Islamic law, the tradition can be categorized as ‘urf ṣaḥīḥ because it does not contradict Islamic principles and contains elements of maṣlaḥah. However, the study also found potential shifts in cultural meaning influenced by social prestige, modernity, and consumerist culture, which may lead to extravagance (isrāf) and social pressure. This study contributes to the development of social fiqh and Islamic legal anthropology regarding the harmonization of local customs and Islamic law in contemporary Bugis Muslim society.
Copyright (c) 2026 Imran Imran, Muhammad Taufan Djafri, Muhammad Yusuf Dain Yunta Dain https://creativecommons.org/licenses/by-nc-sa/4.0
Aḥkām al-Jahālah pada Jual Beli Kontemporer: Tinjauan Fikih Muamalah
This study aims to comparatively examine the aḥkām al-Jahālah across five dominant digital transaction models, namely marketplace, dropshipping, pre-order, buy now pay later (BNPL), and live streaming commerce, from the perspectives of the four major legal schools (Hanafi, Maliki, Syafii, and Hambali). The methodology employs qualitative library research with a normative approach and comparative. The primary finding reveals a paradigm shift from passive jahālah to active digital jahālah induced through manipulative interface designs (dark patterns) that systematically obstruct information access and vitiate tarāḍin (mutual consent). This study concludes that the validity of each model is conditional: marketplace transactions are valid through precise waṣf; dropshipping requires transparent wakālah restructuring; pre-orders must conform to salam or istiṣnāʿ criteria; BNPL necessitates strict exclusion of riba al-Nasīʾah; whereas live streaming commerce is highly susceptible to compounded violations like najasy and tadlīs. As a policy implication, this research formulates three normative principles, specifically proportionality, active transparency, and substantive tarāḍin, along with a synthesis table of aḥkām to serve as a foundational framework for DSN-MUI and OJK in drafting comprehensive digital consumer protection regulations.
Copyright (c) 2026 A. Husnul Khatimah, Sofyan Nur, Sirajuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Hukum Menyuap Aparatur Negara untuk Memperoleh Hak (karena dizalimi) Menurut Perspektif Hukum Islam dan Hukum Positif
This study comprehensively investigates the legal conception of bribery, specifically focusing on efforts by individuals or groups to gain rights or advantages from state institutions. Through an in-depth literature review, this research comparatively analyzes Islamic legal perspectives and the positive legal system in Indonesia concerning this phenomenon. Findings indicate that, despite variations in detailed interpretation, both legal frameworks consistently condemn bribery as an act detrimental to social order and a violation of justice principles. Bribery is identified as a threat to public administration integrity, undermining fair competition, and infringing upon the rights of others. The study emphasizes that effective and sustainable anti-bribery efforts require a strong synergy between internalizing moral and ethical values from Islam (e.g., honesty, integrity, justice) and rigorous, transparent, and accountable enforcement of positive law. This combination of individual moral awareness and a repressive legal system is believed to create a significant deterrent effect against corrupt practices. This research aims to contribute to a deeper, more holistic understanding of bribery in Indonesia for academics, legal practitioners, and policymakers. Its findings are also expected to serve as a theoretical and empirical foundation for formulating more effective strategies and policies for preventing and eradicating bribery across various governmental and national sectors, ultimately fostering clean and integrated governance.
Law of bribery, State apparatus, Acquiring rights, Islamic law, Positive law.
Copyright (c) 2026 Dede Kurniawan, Muhammad Taufan Djafri, Muhammad https://creativecommons.org/licenses/by-nc-sa/4.0
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
Donasi Rambut untuk Penderita Kanker Perspektif Hukum Islam
Hair donation is a growing social phenomenon within society, particularly as a means to support cancer patients experiencing hair loss due to medical treatments. This study aims to examine the Islamic legal perspective on hair donation for cancer patients, as well as to analyze the social perceptions of Muslim communities toward this practice and its implications for the construction of empathetic culture in Muslim societies. The research employs a library research method with a normative approach, based on Islamic legal norms in determining the permissibility or prohibition of an action. The findings indicate that hair donation is not permitted in Islam. This prohibition is grounded in the principle of karāmat al-Insān, which emphasizes the importance of preserving the dignity of the human body, as well as sharʿī provisions that prohibit the use of body parts for non-urgent purposes. Although this practice is often seen as an expression of empathy and social solidarity, especially in the context of modern Muslim societies, such humanitarian values cannot be used as justification for violating Islamic law. The use of human hair as a wig is also deemed contradictory to sharʿī rulings, particularly those based on hadiths prohibiting hair extensions, and does not fulfill the criteria of maṣlaḥah muʿtabarah within the framework of maqāṣid al-sharīʿah. Therefore, the spirit of compassion and assistance in Islam should be realized through alternative forms of support that align with Islamic law, such as financial aid, psychosocial support, and the provision of lawful medical needs.
Hair donation, Cancer patients, Islamic law, Maqāṣid al-Syarīʿah, Social empathy
Copyright (c) 2026 Siti Ramadan, A. Hawariah, Afia Hafizah https://creativecommons.org/licenses/by-nc-sa/4.0
Transplantasi Rahim dan Status Keturunannya Perspektif Maqāṣid al-Syarī’ah
Uterine transplantation is a medical solution for women suffering from Absolute Uterine Factor Infertility (AUFI), offering the possibility of achieving biological pregnancy without resorting to prohibited practices such as surrogacy. This development raises significant concerns regarding its permissibility under Islamic law. The objectives of this study are: first, to examine the urgency of uterine transplantation in the modern era; second, to analyze its legal status from the perspective of maqāṣid al-Syarī‘ah (objectives of Islamic law); and third, to determine the lineage status of children born through this procedure. This study adopts a qualitative library research method, utilizing both normative and bioethical approaches. The findings reveal: first, the urgency of uterine transplantation lies in addressing AUFI and enabling pregnancy. Second, from the perspective of maqāṣid al-Syarī‘ah, uterine transplantation is considered permissible (mubāḥ) if performed out of a legitimate religious necessity (ḥājah syar‘iyyah), by a lawfully married couple, without involving a third-party donor, does not lead to lineage confusion, and does not pose a threat to life. If these conditions are not fulfilled, the procedure becomes prohibited. Third, the child born from a uterine transplant has a legitimate lineage to the married couple who provided the gametes, as the uterus itself does not contribute genetic material. This research contributes new insights to the development of maqāṣid al-Syarī‘ah, particularly in the context of Islamic reproductive bioethics and its engagement with modern reproductive technologies.
Uterus transplantation, status, offsprin g, maqāṣid al-Syarī’ah
Copyright (c) 2026 St. Fatimah Azzahra, Jujuri Perdamaian Dunia, munawarah https://creativecommons.org/licenses/by-nc-sa/4.0
Praktik Deposito Mudarabah Pada BSI KCP Makassar Panakkukang Perspektif Fikih Muamalah
A This study aims to analyze the implementation of mudarabah deposit practices at Bank Syariah Indonesia (BSI) KCP Makassar Panakkukang from the perspective of Islamic commercial jurisprudence (fiqh muʿāmalah). The research discourse integrates the disciplines of Islamic banking and Islamic law, focusing on how the mudarabah contract is applied at BSI KCP Makassar Panakkukang and evaluating its compliance with fiqh muʿāmalah provisions as a basis for assessing and strengthening the implementation of Islamic banking products in Indonesia. This study employs a descriptive qualitative method with a normative approach, utilizing field observations. The collected data were analyzed using qualitative analysis techniques through data reduction, data presentation, and inductive conclusion drawing. The findings reveal that at BSI KCP Makassar Panakkukang, customers acting as capital providers place mudarabah deposits under a profit-sharing ratio (nisbah) agreed upon contractually. All fundamental elements of the contract, including clarity of capital, fixed investment period (tenor), and profit-sharing mechanism, are established transparently and documented in written agreements. In essence, the mudarabah deposit practice at BSI KCP Makassar Panakkukang complies with the core principles of a valid mudarabah contract according to fiqh muamalah. However, two notable deviations were identified: first, the guarantee of customer funds by the Indonesian Deposit Insurance Corporation (LPS); and second, the bank's dual role as both mudarib and capital owner. Accordingly, the findings of this study serve as a valuable reference for BSI, customers, and academics in ensuring that Islamic banking practices remain aligned with Sharia principles.
Fiqh Muamalah, Mudarabah Deposits, Practice
Copyright (c) 2026 Siti Nuraminah, Kurnaemi Anita, Nur Afni A. https://creativecommons.org/licenses/by-nc-sa/4.0
Produksi Konten Islami Digital dan Implikasi Hak Ciptanya dalam Hukum Islam
The rapid development of digital technology has driven the increasing production of Islamic content through various online platforms. However, this phenomenon also raises challenges, particularly regarding copyright infringement in digital da'wah. This study aims to understand the concept of Islamic digital content production and the implications of copyright in Islamic law. A descriptive qualitative method was employed with conceptual and normative approaches. The conceptual approach was used to examine Sharia principles related to ownership of digital works, such as property rights, trust (amānah), and public interest (maṣlaḥah mursalah). The normative approach was applied to analyze legal rulings based on authoritative sources such as the Qur’an, Hadith, ijmā‘ (consensus), qiyās (analogy), and fatwas from classical and contemporary scholars. Data were collected through literature review by analyzing relevant written sources. The findings of this study are as follows: first, the production of Islamic digital content is closely related to copyright, as digital works resulting from individual creativity are recognized under Sharia as private property that must be protected; second, Sharia principles regard digital works as legitimate private assets that should be preserved based on the values of trust, justice, and communal benefit; third, Islamic law views violations such as re-uploading, selling, modifying, or plagiarizing as unlawful appropriation and considers them ḥarām (forbidden). This research is expected to serve as a reference for content creators and preachers to uphold Sharia principles in the production and dissemination of Islamic digital content.
production, Islamic digital content, copyright, implications, Islamic law
Copyright (c) 2026 Siti Armida A. Lahongko, Farida Aprianti, Nabilah Al Azizah https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Memakan Daging Kurban Nazar bagi Pekurban (Studi Komparatif antara Mazhab Maliki dan Mazhab Syafii)
This study examines the legal ruling on consuming the meat of a vowed sacrificial animal (uḍḥiyah) by the person who made the vow, according to the Maliki and Syafii schools of thought. The aim of this research is to explore the perspectives of both the Maliki and Syafii schools and to understand the similarities and differences in their views regarding the permissibility for the offeror to consume the meat of a vowed sacrifice. This is a library research employing a comparative and conceptual approach. Data were collected from classical and contemporary literature discussing the jurisprudence of sacrificial rites and vows (nadhar). The findings indicate that, according to the Maliki school, it is permissible for the person who made the vow to consume the meat of a vowed uḍḥiyah (non-pilgrimage sacrifice), except in three cases where the sacrifice is obligatory: fidyah ihram (compensation for ihram violations), diyah for hunting violations, and hadyu (pilgrimage sacrifice) due to a vow. In contrast, the Syafii school generally does not permit the offeror to consume any part of a vowed sacrifice, regardless of its type. Both schools agree that vows related to acts of worship must be fulfilled, while sinful vows are not to be executed. Likewise, both schools prohibit the consumption of a vowed sacrifice that is performed on behalf of another party. The implication of this study is to clarify the legal status of vowed sacrifices and to educate the public on the proper management and consumption of sacrificial meat. Fatwa institutions are also encouraged to develop practical guidelines in accordance with the local school of thought, while promoting inter-school tolerance, especially in pluralistic communities.
Sacrificial Meat, Legal Ruling, Maliki School, Syafii School, Vowed Offering
Copyright (c) 2026 Nani Astarina , Nuraeni Novira, Nur Afni A. https://creativecommons.org/licenses/by-nc-sa/4.0
Status Gugatan bagi Penggugat yang Telah Tiada Perspektif Hukum Islam dan Hukum Positif
This study discusses and compares the continuation of a lawsuit when the plaintiff passes away before a court decision is issued, from the perspectives of Islamic law and positive law. The objectives of this research are: to examine the Islamic legal perspective on the continuation of a lawsuit when the plaintiff dies during the judicial process, and to identify the legal implications for the plaintiff’s heir in continuing or terminating the lawsuit according to both Islamic and positive law. This research employs a descriptive qualitative approach using library research as the primary data collection method. The approaches used are normative and comparative, with data analyzed qualitatively through a deductive method. The discussion is based on primary sources such as classical Islamic jurisprudence (fiqh), the Qur'an, Hadith, and ijma‘, as well as Indonesian positive law, particularly the Civil Code (KUHPerdata) and Supreme Court jurisprudence. The findings indicate that, in Islamic law, the right to file a lawsuit related to proprietary matters (al-ḥuqūq al-māliyah) may be inherited and pursued by the heir, whereas personal rights such as ṭalāq and qiṣāṣ cannot be inherited. In Indonesian positive law, Articles 833 and 1100 of the Civil Code stipulate that the rights and obligations of the deceased are transferred to their heir, subject to the procedural requirement of party substitution before the court. As an implication, this research is expected to contribute to the development of Islamic and positive legal studies by promoting legal certainty, safeguarding inheritance rights, and ensuring that legal disputes
Heir, Islamic Law, Lawsuit, Positive Law, Plaintiff
Copyright (c) 2026 Muhammad Zadly, Rustam Koly, Muhammad Fachmi https://creativecommons.org/licenses/by-nc-sa/4.0
Khotbah Jumat Berbahasa A’jam Studi Komparatif Mazhab Hanafi dan Mazhab Syafii
The Friday sermon (khuṭbah) is an integral part of the Friday prayer, with specific conditions and essential components required for its validity. One of the debated issues is the use of nonArabic (a’jam) languages in delivering the sermon. This study aims to examine and compare the perspectives of the Hanafi and Syafii schools regarding the permissibility of delivering Friday sermons in nonArabic languages and to determine which opinion is stronger in the context of nonArab Muslim communities. This research employs a qualitative descriptive method with normative and comparative approaches through literature review of classical and contemporary scholarly works. The Hanafi school permits the use of nonArabic languages in Friday sermons under all circumstances, even if the preacher is capable of speaking Arabic, arguing that the essence of the sermon lies in the remembrance of Allah rather than the language used. In contrast, the Syafii school requires the sermon to be delivered in Arabic, considering it a ritual act similar to the essential parts of prayer, although it provides dispensations in cases of necessity. The findings indicate that both schools’ muʿtamad (authoritative) views are well-grounded, yet contextually, the Hanafi position is more applicable for nonArab communities so that the sermon’s message can be properly understood by the congregation. Therefore, it is important for preachers to consider the public benefit when delivering Friday sermons to ensure the effectiveness of Islamic preaching.
sermons, non arabic, comparative, hanafi, shafii
Copyright (c) 2026 Andika Rasyid, Muhammad Nirwan Idris, Islahuddin Ramadhan Mubarak https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Meminta Jabatan Menurut Syekh Muḥammad bin Ṣhaliḥ al-Utṡaimin
The demand for office in Islam is an important issue that contains legal, ethical, and moral dimensions, which often raises a conflict between personal ambition and leadership responsibilities. This study aims to examine the views of Shaykh Muhammad bin Shalih Al-Uthaymeen on the law of asking for office, as well as analyze the postulates of the Qur'an and hadith that are the basis for its prohibition and permissibility. This study uses a library research method with a normative and descriptive-analytical approach. The data analysis technique is qualitative through the deductive method. The results of the study show that Shaykh Al-Uthaymeen generally forbade applications for office because it can indicate worldly ambitions that are feared to cause tyranny and abuse of authority. However, he allows the request for office under certain conditions, namely if a person has the capacity, trust, and sincere intention to realize the benefit of the people, as in the story of the Prophet Yusuf (a.s.). This research emphasizes the importance of two main conditions in leadership according to Sheikh Utsaimin, namely strength and honesty. The implications of this study highlight the importance of leadership based on integrity and trust in the contemporary context, as well as a contribution to the development of the study of Islamic political jurisprudence and leadership ethics.
Law, Asking Office, Syekh Muhammad bin Shalih Al-Utsaimin
Copyright (c) 2026 Ajhar, Muhammad Yusram, Muhammad Harsya Bahtiar https://creativecommons.org/licenses/by-nc-sa/4.0
Tayamum pada Pelaksanaan Salat Jenazah (Telaah Komparatif Mazhab Hanafi dan Syafii)
Islamic jurisprudence (Fikih) is a discipline that examines practical Islamic rulings based on detailed scriptural evidence, including purification rituals in emergency situations such as tayamum (dry ablution). This study explores the viewpoints of the Hanafi and Syafii schools regarding the permissibility of tayamum for individuals preparing to perform funeral prayers, while evaluating the stronger opinion between the two. Employing a qualitative approach, this research utilizes library-based methods, normative analysis, and comparative study between the two schools. The findings reveal that the Hanafi school permits tayamum even when water is available, provided there is concern that the funeral prayer may not be performed on time, emphasizing practicality and ease. Conversely, the Syafii school mandates the use of water (wudu) as long as it is accessible, even if this risks delaying the prayer. The Syafii stance is deemed stronger due to its reliance on authentic hadith as a legal basis and rejection of weak narrations. The novelty of this research lies in its focused examination of tayamum for funeral prayers a topic rarely explored in depth alongside a detailed analysis of each school’s legal methodology. Additionally, the study highlights the relevance of Fiqh in contemporary contexts, such as disasters or water shortages, where the Hanafi opinion may serve as a practical alternative without violating Syaria principles. The outcomes of this study are expected to benefit the public, funeral administrators, and religious authorities in addressing exceptional circumstances.
Tayamum, Funeral Prayer, Syafii School, Hanafi School, Comparative Fikih
Copyright (c) 2026 Aisyah Aisyah, Kurnaemi Anita, Sri Reski Wahyuni Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Pemberian Nafkah terhadap Mantan Istri (Studi Komparatif Mazhab Syafii dan Mazhab Hambali)
The issue of providing financial support to a former wife after divorce is a topic in Islamic jurisprudence that continues to be studied, particularly because there are diverse views among the various schools of thought in Islam. The provisions regarding financial support are not only dependent on the type of divorce (talak raj‘ī or bain), but are also closely related to the legal status of women after they separate. This study aims to determine the legal provisions regarding the maintenance provided by the husband to the wife after divorce according to the Shafi'i and Hanbali schools of thought. The method used in this study is a normative legal approach with qualitative analysis and a comparative approach. The results of this study indicate that both schools agree that a pregnant former wife is entitled to maintenance (nafkah hadanah). However, differences arise in cases of talak bain that do not involve pregnancy: the Shafi'i school mandates the obligation of maintenance (nafkah mutah) in the form of housing, while the Hanbali school does not impose such an obligation. This study is expected to provide solutions to strengthen fair Islamic family law that aligns with Islamic context.
Alimony, ex-wife, Shafi'i mazhab, Hambali mazhab
Copyright (c) 2026 Alifah Amaliah Khadijah, Riska, Sri Reski Wahyuni Nur https://creativecommons.org/licenses/by-nc-sa/4.0