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
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
Analisis Sadd Al-Żarī’ah terhadap Fitnah Sebagai Penghalang Warisan dalam Pasal 173 Ayat (b) Kompilasi Hukum Islam
The stipulation of slander as an impediment to inheritance in Article 173 point (b) of the Compilation of Islamic Law (KHI) is not explicitly found in classical fiqh, thus giving rise to differing views among Indonesian Muslims. Therefore, this study examines the provision through the perspective of sadd al-żarī’ah as a preventive measure to close the path to harm (mafsadah). This research aims to identify the legal basis for stipulating slander as an impediment to inheritance in Article 173 point (b) of the KHI and to analyze the application of the sadd al-żarī’ah principle to this provision. This is a qualitative study using a normative and statutory approach through a literature review. The results of this study show that, first, the stipulation of slander as an impediment to inheritance in Article 173 point (b) of the KHI is based on its destructive effects, physically, psychologically, socially, and legally. Slander damages honor, severs family ties, and causes legal harm. Second, the analysis using the sadd al-żarī’ah approach shows that this provision aligns with the preventive principle in syarī‘ah, as slander in this context fulfills the elements of mafsadah, does not contradict the naṣṣ, and conforms to the maqāṣid al-syarī‘ah. Theoretically, this research is expected to enrich the understanding of the sadd al-żarī’ah concept in Islamic inheritance law, while practically, it is hoped to serve as a reference in the application of inheritance law related to slander.
sadd al-żarī‘ah, malicious accusation, inheritance impediment, compilation of islamic
Copyright (c) 2026 Fildzah Nabilah Salsabil, Hendra Wijaya, Irsyad Rafi https://creativecommons.org/licenses/by-nc-sa/4.0
Perspektif Hukum Islam terhadap Buzzer Politik (Studi Analisis Fatwa MUI No. 24 Tahun 2017)
The phenomenon of information technology development has had a major impact on the dynamics of political communication in the digital era, including the emergence of political buzzers who play a role in shaping public opinion. This study aims to analyze the activities of political buzzers from the perspective of Islamic law by referring to the Fatwa of the Indonesian Council of Ulama (MUI) Number 24 of 2017 concerning the Law and Guidelines for Social Media Interaction. The phenomenon of political buzzers is often misused to spread hoaxes, slander, backbiting (gibah), talebearing (namīmah), and hate speech for the interests of certain groups, ultimately leading to social damage and division among the people. This research uses a qualitative-descriptive method with juridical, social, and political approaches based on library research. The findings show that political buzzer activities that justify any means are contrary to Islamic law values and siyāsah syar’iyyah, which emphasize honesty, justice, and responsibility in upholding religion and managing worldly affairs based on the principle of public benefit (maslahat). Siyāsah syar’iyyah emerges as a solution so that leadership is not born of fraud but is built upon trust and sharia principles to achieve public good and prevent harm. The implementation of this research is expected to serve as a moral reference in formulating political communication policies and social media literacy programs based on Islamic values to safeguard unity and the welfare of the community.
islamic law, political buzzers, mui fatwa
Copyright (c) 2026 Fauzan Abdillah Syihab, Muhammad Taufan Djafri, Saharuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Hukum Islam terhadap Eksploitasi Tumbuhan Dilindungi Menurut UU No 5 Tahun 1990 Pasal 40 Ayat 2
The exploitation of protected plant species constitutes an ecological crime with far-reaching consequences for environmental sustainability, ecosystem balance, and the survival of various life forms. This phenomenon includes illegal logging, the illicit trade of rare flora, and public ignorance regarding the conservation status of specific species. This study aims to examine the criminal act of exploiting protected plants under Section 40 Subsection 2 of Law No. 5 of 1990, and to analyze the Islamic legal perspective using the maqāṣid al-Syarī‘ah framework. This qualitative research employs a library-based method with a normative and statutory approach. Data sources include the Qur’an, Hadith, classical and contemporary fikih literature, as well as Indonesian positive legal regulations. The findings indicate that Indonesian law imposes a maximum penalty of five years’ imprisonment and a fine of up to IDR 100 million for violations involving protected plants, as regulated in section 21 subsection 2. Examples include the unauthorized collection of Raflesia flowers from their natural habitat and the online trade of Nepenthes spp. From the Islamic legal viewpoint, such acts are classified as fasād fī al-ard̩ (corruption on earth) and are subject to takzir sanctions, which are discretionary punishments determined by the state (walī al-amr) in accordance with public interest (maṣlaḥah ‘āmmah). These punishments may take the form of imprisonment, fines, or preventive and educational measures aimed at ensuring environmental preservation.
islamic law, exploitation, plants, law no. 5 of 1990
Copyright (c) 2026 Muh. Rasyid Sahi, Ariesman M, Arfan https://creativecommons.org/licenses/by-nc-sa/4.0
Penyalahgunaan Obat dalam Mengatasi Insomnia Perspektif Maqāṣid al-Syarī’ah
This study discusses the misuse of medication in treating insomnia from the perspective of maqāṣid al-Syarī‘ah. It aims to explore and understand how maqāṣid al-Syarī‘ah views the use of medication for insomnia. The research employs a qualitative method with a normative approach through literature review. The findings indicate that, from the maqāṣid al-Syarī‘ah perspective, the use of such medications can be considered a form of misuse, as these drugs were not originally formulated specifically to treat insomnia, but rather developed for other medical purposes. However, their use may be justified as long as it aims to preserve life (ḥifẓ al-Nafs) and intellect (ḥifẓ al-‘Aql), and does not cause greater harm (mafsadah) than benefit. This study is expected to serve as a reference for readers and society, particularly for Muslims, in choosing sleep medications wisely by considering both medical aspects and religious values so that their use remains in accordance with the principles of Islamic law.
misuse, pills, insomnia, maqāṣid al-syarī’ah
Copyright (c) 2026 Nirwana Nur Atifah, Irsyad Rafi, Ainil Maqsurah https://creativecommons.org/licenses/by-nc-sa/4.0
Status Keabsahan Jual Beli Online Bagi Penyandang Tunanetra Perspektif Fikih Muamalah
Buying and selling has currently developed in various aspects, including in the digital era which is often conducted online. Not only ordinary people, but visually impaired individuals also participate extensively in these buying and selling activities both conventionally and online. However, questions arise regarding the legitimacy of online transactions for the visually impaired, as even in conventional transactions, the imams of different schools have differing opinions. Based on this issue, the researcher conducts a study on several opinions of the imams regarding the legitimacy of online buying and selling for visually impaired individuals from the perspective of muamalat jurisprudence. This research aims to analyze the legal status of online transactions for visually impaired individuals according to muamalat jurisprudence. This study employs a descriptive qualitative research method (non-statistical), which is an approach to certain behaviors, phenomena, events, issues, or specific circumstances that become the object of investigation. This research uses normative approach methods and descriptive analysis. The results of this study generally state that the law of buying and selling for the visually impaired is permissible/valid if the visually impaired person can meet the pillars and conditions of sales and can understand the condition of the goods in question with the assistance of devices or other people to minimize the possibility of gharar. This research is expected to contribute positively to future research in the development of knowledge, especially in terms of transactions for people with disabilities from the perspective of fiqh muamalah.
Copyright (c) 2026 Muhammad Fauzy , Muhammad Shiddiq Abdillah, Sulkifli Herman 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