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
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
Konsep Pembagian Tunjangan Pensiun dalam Tinjauan Hukum Waris dan Hukum Positif
The conceptual differences between Islamic inheritance law and positive law in the distribution of pension benefits may give rise to disputes and legal uncertainty among family members. This study aims to examine the conformity of pension benefit distribution with the principles of Islamic inheritance law and to identify the legal implications for heirs in the distribution of pension benefits in accordance with both inheritance law and positive law in Indonesia. This research employs a qualitative, library-based method. The findings indicate that pension benefits received monthly by retirees, whether in the form of pension savings or accumulated contribution funds, are regarded as part of the tirkah (estate) and must be distributed to heirs in accordance with Islamic inheritance law. However, positive law remains applicable in the implementation of pension benefit distribution, which renders inheritance law inapplicable in this context. Therefore, a regulatory review of the existing legislation is necessary, along with efforts to harmonize inheritance law and positive law, such as involving religious organizations and leaders in the legislative process. The implications of this study are expected to provide insights, legal knowledge, and further development for readers, particularly Muslims in general, as well as for policymakers in understanding the distribution of pension benefits.
Allowance, Pension Distribution,Inheritance Law, Positive Law
Copyright (c) 2025 Muthiah, Kasman Bakry, Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Peran Wanita sebagai Sukarelawan Kebencanaan Perspektif Syariat Islam
The role of women in humanitarian action, particularly as disaster volunteers, is increasingly recognized in modern society. However, from a sharia perspective, studies on the legality, limitations, and contributions of women in this area still need to be deepened. This study aims to analyze the legal perspective of Islamic sharia law on women's involvement in volunteer activities, particularly in the context of disaster management. Furthermore, this study also identifies the limitations set by Islamic sharia for women who are directly involved as disaster volunteers, taking into account relevant legal, ethical, and Islamic social values. Using a normative approach through a literature review of several primary sources of sharia (the Qur'an, hadith, the views of scholars) and other sources (books, journals, fatwas), the results show that Islamic history has recorded the active participation of female figures such as Rufaidah al-Aslamiyah and Nusaibah bint Ka'ab. In the context of disasters, the principles of darūrah (emergency) and maṣlaḥah (benefit) provide legal space through rukhsah (dispensation), as long as they maintain sharia boundaries such as aurat, ikhtilat, and orderly work procedures. Fatwas from the Indonesian Ulema Council (MUI) and international institutions also support this legitimacy. These findings strengthen contemporary fiqh discourse and offer guidance for Islamic institutions to build a sharia-compliant, responsive, and inclusive women's volunteer system. The results of this study found that sharia provides ample space for women to play a role in emergency situations and disaster response, as long as they adhere to the boundaries of Islamic sharia.
Role of Women, Disaster Relief Volunteers, Syariat Perspective, Ethics of Volunteering in Islam, Women's Participation
Copyright (c) 2025 Muh Fadhil Amiruddin, Maulana, Abdil Munzir https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah al-Ḥājah Tunazzalu Manzilah al-Ḍarūrah Terhadap Pendapatan Aplikasi Tiktok
In the digital era, TikTok has gained popularity not only as a platform for entertainment but also as a source of income for many people. This study aims to explore the application of the legal maxim al-ḥājah tunazzalu manzilah al-ḍarūrah to income generated from the TikTok application, and to examine the Islamic legal boundaries concerning its use, particularly by women seeking to earn income. This research employs a descriptive qualitative method with a normative approach to analyze Islamic legal perspectives on digital economic activities. The findings show that earning income from TikTok is deemed permissible (syar‘i) through the application of the maxim al-ḥājah tunazzalu manzilah al-ḍarūrah in situations of pressing economic need, such as limited job opportunities, disability, or threats to personal welfare. When the use of TikTok or digital devices like smartphones exposes users to content that contradicts Islamic teachings, but occurs unintentionally, is not repeated, and is accompanied by efforts to maintain personal boundaries, such exposure may still be tolerated under the scope of ḥājah. Income is considered valid when it meets the principles of mu‘āmalah, such as a clear contract (ijārah, ju‘ālah, tabarru‘, or bai‘), halal objects, and is free from ribā, gharar, fraud, and unlawful content. As for women’s involvement in digital media, it is not justified when it involves openly displaying themselves in ways that may lead to fitnah, as this contradicts the Islamic principle of protecting personal honor (ḥifẓ al-‘irḍ). This research is expected to contribute to the development of Islamic legal thought that is more responsive to the challenges of the digital economy and to provide insight into how Islamic principles can be implemented in an ever-evolving world.
Al-Ḥājah, Al-Ḍarūrah, Rule, Revenue, Tiktok
Copyright (c) 2025 Husnul Khatimah, Rosmita, Syamsiah Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Tercampurnya Hasil Buruan Muslim dan Musyrik Perspektif Kaidah Fikih Iżā Ijtama’a al-Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām
This study examines the legal issue of the mixture of hunted animals between Muslim and polytheist hunters from the perspective of the fiqh principle Iżā Ijtama’a al-Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām. The discourse within the Islamic fiqh discipline, specifically regarding the permissibility of food, with a particular focus on the hunting of animals, is central to this research, which addresses the legal issue of mixed hunting outcomes between Muslim and polytheist hunters. The objective of this study is to analyze the halal status of mixed hunting results from Muslim and polytheist hunters and to explain the application of this fiqh principle in this context. The methodology used is a qualitative descriptive approach with library research, utilizing both classical and contemporary fiqh texts to delve into the relevant principles. The findings indicate that the hunting results of a Muslim hunter who invokes Allah's name are halal, while those involving polytheists are considered haram. In cases where the identity of the hunter is unclear, the principle Iżā Ijtama’a al-Ḥalāl wa al-Ḥarām Gulliba al-Ḥarām is applied, prioritizing caution and declaring the entire mixture of hunted animals as haram. This study significantly contributes to the field of Islamic fiqh, particularly by providing guidance on the legal status of mixed hunting outcomes between Muslims and polytheists, and highlighting the relevance of classical fiqh principles in addressing contemporary legal issues.
Mixture, Hunted Animals, Muslim, Polytheist, Fiqh Principle
Copyright (c) 2025 Ariati, Kurnaemi Anita, Eka Syahriani https://creativecommons.org/licenses/by-nc-sa/4.0
Kajian Kritis terhadap Perbedaan Metode Rukyat dalam Penentuan Awal Bulan Ramadan Perspektif: Mazhab Hanafi dan Mazhab Hambali
The determination of the beginning of Ramadan is a crucial aspect of Islamic worship and has long been a subject of scholarly debate among various schools of Islamic jurisprudence. One of the central points of contention lies in the methodology specifically, the use of rukyah (moon sighting) versus hisab (astronomical calculation). This study aims to critically and comparatively examine the differing perspectives of the Hanafi and Hanbali schools on the use of rukyah in establishing the start of Ramadan. Employing a qualitative approach with comparative and conceptual methods, the data were collected through library research on primary and secondary sources from both schools. The findings reveal that the Hanafi school adopts a moderate stance, allowing limited use of hisab as a means of verifying rukyah, while the Hanbali school strictly rejects hisab, recognizing only rukyah as the valid method. The Hanafi approach offers adaptability to scientific advancements but may pose challenges in public clarity. In contrast, the Hanbali position ensures legal certainty based on textual sources, though it may lack responsiveness to modern developments. In the contemporary context, integrating rukyah and hisab presents a viable alternative that balances traditional jurisprudence and modern needs. This study contributes to the broader discourse on comparative Islamic law and usul al-fiqh, and serves as a practical reference in formulating inclusive and contextually relevant policies for the Muslim community.
Rukyah, Hisab, Ramadan, Hanafi School, Hanbali School
Copyright (c) 2025 Ririe Nur Anggreni Ilman, Sirajuddin, Nur Afni A. https://creativecommons.org/licenses/by-nc-sa/4.0
Pandangan Mazhab Māliki dan Syafīi terhadap Wakaf Produktif
This study examines the concept of productive waqf from the perspectives of the Māliki and Shafīi schools, aiming to analyze and compare their approaches to sustainable waqf asset management. The research employs a qualitative descriptive method with normative and comparative approaches through library research. Data were collected from classical sources, such as fiqh books of both schools, as well as contemporary literature on productive waqf in the context of the modern economy. The findings reveal that the Māliki school offers greater flexibility in the management of productive waqf, permitting temporary waqf (muaqqat), asset substitution (istibdāl), and cash waqf, as long as the benefits are preserved. In contrast, the Shafīi school adopts a more conservative stance, requiring waqf to be perpetual (muʿabbad), prohibiting istibdāl except in emergencies, and disallowing cash waqf due to its consumable nature. Both schools emphasize the importance of maintaining the waqf principal and utilizing its returns for public welfare, though with different levels of flexibility
Copyright (c) 2025 Risky Ananda Rachman, A. Hawariah, Andi Dahmayanti https://creativecommons.org/licenses/by-nc-sa/4.0
Jual Beli Buah pada Tanah Terlantar Perspektif Fikih Muamalah
This study aims to examine the legal status of fruit sales cultivated on abandoned land from the perspective of Islamic commercial jurisprudence (fiqh al-muʿāmalāt). The research employs a library-based methodology (library research) with a normative approach, focusing on Islamic legal sources, namely the Qur'an and Hadith. The data analysis technique used is descriptive-analytical. The findings of this study indicate the validity of trading fruits grown on uncultivated land, as the cultivator's ownership is deemed legally recognized under the framework of Islamic commercial law. Classical juristic opinions differ regarding the permissibility of selling agricultural produce from such land, depending on the legality of land usage. However, selling fruits from revived (resurrected) land is considered permissible, provided that the transaction meets the essential pillars (arkān) and conditions (shurūṭ) of sale as established by Islamic law. The implication of this study suggests that the practice of selling fruits grown on abandoned lands requires more specific legal guidelines to ensure that contracts comply with sharia principles and to avoid future disputes. This also highlights the urgency for the issuance of fatwas or regulatory frameworks within Islamic commercial law to govern the trade of non-conventional agricultural products.
Islamic Commercial Jurisprudence, Sale and Purchase of Fruit, Uncultivated Land
Copyright (c) 2025 Masrawati, Muhammad Shiddiq Abdillah, Nabilah Al Azizah https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Memakan Hewan Halal yang Dilindungi dalam Tinjauan Hukum Islam
This study aims to examine the legal status of consumption of animals that are halal according to Islamic law, but are included in the category of protected animals due to their rarity status or function in the ecosystem. In Islam, the original law of consuming halal animals is permissible, but under certain conditions it can turn into a prohibition if it causes harm or contradicts the principle of maslahah 'ammah. Islam as a religion that brings mercy to the universe is very concerned about environmental balance and the preservation of living things. The results of the study show that Islamic law provides room for restrictions on the consumption of halal animals if needed to preserve the environment and prevent extinction. Therefore, the state's ban on the consumption of protected animals is in line with the principles of Islamic law. Muslims are obliged to obey these regulations as a form of obedience to ulil amri and moral responsibility towards Allah's creation. The implications of this research are expected to be a reference, as well as useful information for the general public, especially in understanding the status of eating halal protected animals in the review of Islamic law
Copyright (c) 2025 La Ode Hudal, Akhmad Hanafi Dain Yunta, Muhammad https://creativecommons.org/licenses/by-nc-sa/4.0
Penetapan Waktu Berbuka Puasa bagi Penumpang Pesawat Terbang dalam Perspektif Fikih Ibadah
This research aims to examine the permissibility of not fasting absolutely or the obligation to fast for travelers in certain travel situations, to understand the factors influencing the determination of iftar time for airline passengers, and to discuss its rulings from the perspective fiqh of worship. This research employs a qualitative method with a library research approach. The legal-normative approach is used, drawing from both classical and contemporary Islamic jurisprudence sources. The findings indicate that travelers are granted a concession (rukhsah) to break their fast during a journey, especially when fasting may cause hardship or harm. However, if the journey is manageable and the traveler is physically capable, it is permissible to continue fasting, and in some cases, it may even be more virtuous. As for determining the time to break the fast, it should not be based on the departure or arrival location but must follow the actual position of the sun. If the sun is still visible at cruising altitude, passengers are not permitted to break their fast until the sun has fully set, even if it is already time to break the fast on the ground. Conversely, if the sun is no longer visible due to weather conditions or limited visibility, other indicators may be used, such as the appearance of darkness from the eastern horizon, the complete disappearance of sunlight and the solar disc below the horizon, or an announcement from the flight crew. This study also emphasizes the importance of synergy between Islamic jurisprudence, astronomy, and aviation technology in addressing worship-related issues in an era of high mobility, and highlights the need for contemporary ijtihad to develop practical guidelines for Muslims who are fasting while traveling by air
Copyright (c) 2025 Waizza Nur Safitra Prakota, Ahmad Syaripudin, Abdullah Nazhim Hamid https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Kaidah Dar’u al-Ḥudūd bi al-Syubuhāt dalam Kasus Perzinahan Menurut Ijtihad ‘Umar bin al-Khaṭṭāb
This study aims to analyze the application of the legal maxim Dar’u al-Ḥudūd bi al-Syubuhāt (Avoiding Ḥudūd Punishments Due to Doubts) in cases of adultery based on the ijtihād of ʿUmar ibn al-Khaṭṭāb. The research raises two main questions: First, what was the concept of ijtihād employed by ʿUmar ibn al-Khaṭṭāb (ra) in cases of adultery? Second, how is the relevance of the maxim Dar’u al-Ḥudūd bi al-Syubuhāt connected to ʿUmar’s ijtihād in such cases? This study uses a qualitative method with a normative-juridical approach and literature review. The data are sourced from the Qur’an, Hadith, and various classical and contemporary legal texts, which are then analyzed. The results of the research indicate that Caliph ʿUmar ibn al-Khaṭṭāb’s ijtihād in dealing with adultery cases reflects a careful implementation of the principle Dar’u al-Ḥudūd bi al-Syubuhāt, an Islamic legal maxim which asserts that ḥudūd punishments should not be enforced in the presence of doubt. In several instances, ʿUmar refrained from carrying out the ḥad punishment for adultery due to factors such as coercion (ikrāh) or legal ignorance (jahl), opting instead for discretionary punishment (taʿzīr) that was more morally and contextually appropriate. The implementation of this study highlights the importance of caution in enforcing ḥudūd punishments, especially in cases involving ambiguity such as ikrāh or jahl. This aligns with the legal maxim Darʾu al-Ḥudūd bi al-Syubuhāt and supports the use of taʿzīr as a more contextual and relevant alternative for the development of Islamic law oriented toward justice and public welfare.
The Legal Maxim Dar’u al-Ḥudūd bi al-Syubuhāt
Copyright (c) 2025 Nur Hikmah, Rosmita, Eka Syahriani https://creativecommons.org/licenses/by-nc-sa/4.0
Penggunaan Bahasa Selain Arab dalam Doa Pada Sujud Salat Perspektif Fikih Ibadah
This study aims to examine the legal ruling on using non-Arabic languages in supplications (duʿāʾ) during the prostration (sujūd) of prayer from the perspective of Islamic jurisprudence (fiqh al-ʿibādah), as well as its implications for the worship practices of non-Arab Muslims. The research employs a qualitative approach based on library research by exploring the opinions of scholars from various madhhabs and contemporary fatwas. The findings indicate that all schools of thought permit the use of non-Arabic languages for individuals who are unable to speak Arabic, without invalidating the prayer. However, for those capable of using Arabic, scholarly opinions differ: some allow it, others deem it disliked (makrūh), and some consider the prayer invalidated. The strongest opinion (ar-rājiḥ) permits the use of non-Arabic languages as long as the meaning is valid and in accordance with the Sharīʿah, while still encouraging the use of supplications from the Prophet (peace be upon him) as a form of adherence (ittibāʿ) to the Sunnah. These findings affirm that Islamic law offers ease (taysīr) in worship, while also encouraging Muslims to continuously learn Arabic to preserve the originality and depth of meaning in their supplications
Copyright (c) 2025 Diptia Humairah Hi. Taher, Irsyad Rafi, Saharuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Studi Komparatif Mazhab Maliki dan Syafi’i Terkait Hukum Tertib dan Muwālāh dalam Wudu
Wudu is a requirement for the validity of an act of worship such as prayer and tawaaf, with two important concepts, namely order (sequence) and muwālāh (continuity without pause). This research aims to examine problem related to the law of order and muwālāh in wudu with a focus on a comparative analysis of the perspectives of mazhabs Maliki and mazhabs Shafi'i. The method used in this scientific study is library research or library research by examining the materials or data needed in completing a study from books, books, apparatus, encyclopedias, dictionaries, journals, papers, previous research, documents and so on. The data used is qualitative data. Data analysis is carried out in a qualitative discriftive manner in order to gain a deeper understanding of the data analyzed in making decisions based on the information found and provide conclusions about the formulation of existing problems. The results obtained from this scientific study show that there are differences of opinion from mazhabs Maliki and mazhabs Shafi'i regarding the law of order and muwālāh in wudu. Mazhabs Maliki argues that order in wudu is not obligatory, unlike mazhabs Shafi'i who argues that order is obligatory. As for the law of muwālāh, mazhabs Maliki is of the opinion that muwālāh in wudu is obligatory, while mazhabs Shafi'i is of the opinion that the law is sunah and not obligatory. This scientific study makes an important contribution to the development of Islamic legal studies, especially in the field of fiqh, and provides practical guidance to muslims who practice one of the two mazhabs
Copyright (c) 2025 A Muh Aras H, Fadlan Akbar, Afrianto https://creativecommons.org/licenses/by-nc-sa/4.0
Cerai Gugat Kepada Suami yang Tidak Memberikan Nafkah Batin (Studi Komparatif Empat Mazhab)
This study aims to evaluate the perspectives of the four major schools of Islamic jurisprudence Hanafi, Maliki, Shafi'i, and Hambali regarding the issue of divorce initiated by a wife due to the husband's failure to fulfill his obligation of marital intimacy (nafaqah batin). The main focus of this research is to examine the extent to which each school provides space for a wife to seek justice and protection of her rights in a troubled marriage caused by the husband's negligence in this aspect. The study employs a normative juridical approach using a qualitative method based on library research. The primary sources are classical fiqh texts from each of the four schools, supported by additional literature such as academic journals and Islamic family law regulations. The analysis uses a descriptive-comparative method to explore the differing views of scholars from the four schools regarding the wife’s right to file for divorce.The findings show that the Maliki and Hambali schools tend to offer more flexibility for wives to file for divorce without stringent requirements when it is proven that the husband neglects marital intimacy. In contrast, the Hanafi and Shafi'i schools apply stricter conditions, requiring formal procedures, concrete evidence, and in some cases, the return of the dowry or other forms of compensation. These differences reflect the diversity of ijtihad methods in Islamic law and underscore the importance of justice in protecting women's rights in marriage. A deeper understanding of these varying perspectives is expected to enrich the development of Islamic family law that is adaptive and oriented toward the welfare of the household.
Divorce Petition, Marital Intimacy, Four Schools of Thought, Wife's Rights, Islamic Law
Copyright (c) 2025 Rudi, Islahuddin Ramadhan Mubarak, Awal Rifai https://creativecommons.org/licenses/by-nc-sa/4.0
Penerapan Kaidah Fikih Dar’u al-Mafāsid Aulā min Jalbi al-Maṣaliḥ terhadap Penggunaan Kadaver sebagai Media Pembelajaran pada Pendidikan Kedokteran
This study explores the application of the Islamic legal maxim dar’u al-Mafāsid aulā min jalbi al-Maṣāliḥ (preventing harm takes precedence over securing benefit) in the use of cadavers for medical education. It aims to assess the ethical balance between benefits and harms based on Islamic legal principles. Using a qualitative-normative method with a deductive approach, the research analyzes classical and contemporary Islamic jurisprudence through textual and comparative analysis, and applies the takhrīj al-Furū‘ ‘alā al-Uṣūl method. Findings show that cadaver use provides significant benefits across three levels of maqāṣid al-Syarī‘ah: at the ḍarūrīyāt (essential) level, it supports life preservation (ḥifẓ al-Nafs) by improving medical competence; at the ḥājīyāt (complementary) level, it enhances learning effectiveness; and at the taḥsīnīyāt (refinement) level, it supports surgical innovation. Harms include violations of corpse dignity, burial delays, chemical use, psychological effects, and potential religious-cultural sensitivities. The study concludes that the maxim’s application is not absolute and must be contextually analyzed within the ijtihādī domain. Since the benefits are definitive (qaṭ'ī), broad (kulliyyah), and essential (ḍarūrīyāt), they outweigh the speculative and limited harms. Cadaver use is permissible if obtained legally and ethically, treated with dignity, and supplemented with alternative methods. Use of non-Muslim cadavers is also acceptable under ethical guidelines. This study contributes theoretically to Islamic legal methodology and practically to the development of ethical policies in medical education.
Cadaver, Islamic Legal Maxim, Benefits, Harm, Medical Education
Copyright (c) 2025 Nurul Aulia, Hijarayanti Sari, Syamsiah Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Menghilangkan Double chin pada Dagu Perspektif Hukum Islam
This study aims to analyze the legal ruling on removing a double chin according to the perspective of Islamic law, as well as to examine the various available methods, both natural and medical. This research employs a qualitative library research type with a normative approach to assess the legal status of double chin removal based on Islamic legal principles. The findings indicate that there are various methods of removing a double chin, whether natural or medical. Natural methods such as facial exercises, a healthy diet and exercise, chewing gum, and drinking plenty of water are permissible in Islamic law as they do not involve harmful elements. Medical methods such as thread lifts, deoxycholic acid injections (Kybella), thermage, ultherapy, and liposuction are originally permissible only in cases of necessity, and should be evaluated based on the composition of the substances used, durability of results, level of risk, and urgency. The act of removing a double chin may be classified as haram when it is performed merely to imitate non-Muslim cultures or to display beauty in a way that leads to a competition of showcasing aesthetic physical appearances. The implications of this study include contributing to the development of Islamic legal knowledge on contemporary issues and providing an important contribution to the boundaries of aesthetic procedures so that they remain within the framework of Islamic law.
Law, Double chin, Perspective Islamic Law
Copyright (c) 2025 Fadhilah Nur Afifah Aries, Jujuri Perdamaian Dunia, Rahmayani Lancang https://creativecommons.org/licenses/by-nc-sa/4.0
Waktu Pembayaran Fidiah Puasa (Studi Komparasi Mazhab Hanafi dan Mazhab Syafii)
This study aims to examine the differences in views between the Hanafi and Shafi'i schools regarding the timing of fidiah payment for missed fasting, and to analyze the comparative perspectives on the timing of fidiah payment in these two schools. The background of this study arises from the practice of Indonesian Muslims, who generally follow the Shafi'i school but often pay fidiah unsystematically, even before the cause of the obligation occurs. This research employs a descriptive qualitative design using the library research method, with a normative legal approach and a comparative approach. The findings indicate that the Hanafi school permits fidiah to be paid daily, in a lump sum at the end of Ramadan, after Ramadan, or even at the beginning of Ramadan, provided there is confidence that the excuse will persist for the entire month, and it may also be paid daily. Conversely, the Shafi'i school requires that fidiah be paid only after its cause occurs that is, after missing the fast on a specific day and prohibits advance payment based on the legal maxim that a ruling cannot precede its cause. This difference reflects the methodological approaches of the respective schools: the flexibility of the Hanafi school and the precision in timing of the Shafi'i school. The results of this study are expected to contribute to the development of Islamic law, serve as a reference for academic circles, and provide guidance and information for the wider community.
Fidiah, Comparative Fiqh, Hanafi School, Syafii School, Payment Timing
Copyright (c) 2025 Hijrah, Rahmayani Lancang, Nurfiah https://creativecommons.org/licenses/by-nc-sa/4.0
Transplantasi Gigi sebagai Alternatif Hukuman Kisas dalam Kasus Cedera Gigi Perspektif Fikih Jinayah dan Maqāṣid al-Syarī’ah
Advances in modern medicine have provided various recovery methods for victims of physical violence, including dental injuries. This has given rise to a new discourse in Islamic jurisprudence (jurisprudence) regarding the possibility of medical reconstruction as part of fulfilling victims' rights to justice. This study aims to analyze the perspectives of Islamic jurisprudence (jurisprudence) and the principles of Islamic law (maqāṣid al-syarī‘ah) on the possibility of tooth transplantation as a substitute for kyas punishment in cases of dental injuries. This study employed a qualitative method with a library research approach, a normative approach, and the principles of Islamic law (maqāṣid al-syarī‘ah). Data sources were reviewed from various Islamic jurisprudence books, contemporary Islamic literature, and relevant scientific journals. The analysis was conducted using a descriptive-qualitative approach. The results of this study indicate that, first, from a jurisprudence perspective, tooth transplantation does not yet qualify as a form of qaḍā’ī-permissible revenge, because qaṭ‘ī is a sharia-based legal provision, as affirmed in Q.S. al-Mā’idah: 45. Its implementation requires a definite and fair equality between the injuries suffered by the victim and the retaliation against the perpetrator. In medical practice, the results of tooth transplantation cannot guarantee absolute equality, and therefore cannot replace the implementation of legal revenge. Second, from a maqāṣid al-sharī‘ah perspective, tooth transplantation especially those using donors from other individuals (allografts) has the potential to pose medical risks such as infection and tissue rejection. These risks contradict the sharia principle of lā ḍarar wa lā ḍirār (not to cause harm and not to cause harm to others). Therefore, transplantation can only be positioned as a form of peaceful settlement (ṣulḥ) in Islamic criminal law, carried out based on a voluntary agreement between the victim and the perpetrator after forgiveness is granted. This research contributes to the development of contemporary Islamic jurisprudence by emphasizing the importance of integrating sharia provisions and medical considerations in addressing the dynamics of bodily injury cases.
Jinayah Fiqh, Maqāṣid al-Syarī‘ah, kisas, Tooth Transplantation
Copyright (c) 2025 Ani Rohmatun Magfiroh, Asnawati Patuti, Rosmita Rosmita https://creativecommons.org/licenses/by-nc-sa/4.0
Jeddah sebagai Miqat Makāni Jemaah Haji dan Umrah Indonesia (Analisis Fatwa Majelis Ulama Indonesia Tahun 1980, 1981, Dan 1996 Tentang Miqat Makāni)
This study aims to analyze the method used by the Indonesian Council of Ulama (Majelis Ulama Indonesia/MUI) in designating the city of Jeddah as a miqat makānī, and to compare it with fatwas and opinions of other Islamic scholars. The research employs a qualitative approach using library research and a normative-juridical framework. The findings indicate that MUI’s determination of Jeddah as a miqat makānī is based on the concept of al-muḥāżāh, which refers to the equivalence in distance between Jeddah and other miqāt points toward Makkah, as explained in classical and contemporary Islamic scholarship. However, some scholars reject this designation, arguing that Jeddah lies within the miqāt boundaries and thus cannot serve as a starting point for ihram for pilgrims performing Hajj or ʿUmrah. In practice, Indonesian pilgrims are advised to don the iḥrām garments before departing from their home country and make the intention for entering into the pilgrimage rites (nusuk) when flight attendants announce that the aircraft is approaching the miqāt, in order to avoid violating the rules of ihram.
Copyright (c) 2025 Utsman Al Ma’ruf, Muhammad Ikhsan, Putra Alam https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Bekerja pada Perusahaan yang Diboikot Perspektif Kaidah Lā Ḍarar wa Lā Ḍirār
This study examines the legal status of working in companies suspected of being involved in activities that negatively impact muslims a situation that presents complex legal challenges for muslim employees affiliated with such companies. The objective of this research is to explore the ruling on working in boycotted companies from the perspective of the legal maxim lā ḍarar wa lā ḍirār (no harm and no reciprocating harm). This study employs a library research method using a qualitative approach with a normative framework. Data were analyzed using deductive methods utilizing general theories or principles as a basis to explain or derive conclusions about specific cases. The findings indicate that, based on the maxim lā ḍarar wa lā ḍirār, working in boycotted companies is classified as strongly discouraged (makrūh tahrīman). The application of this maxim offers a solution to the legal dilemma, allowing temporary employment in such companies as long as the individual is not directly and actively involved in injustice. However, if their presence contributes to the strengthening of the company’s oppressive actions, then, in accordance with the maxim, the employee is obligated to leave their position. The implications of this study provide guidance for muslims working in boycotted companies to pursue careers aligned with Islamic principles by weighing both the benefits and potential harms to themselves and others.
Working, Boycott, Lā ḍarar wa lā ḍirār, Company
Copyright (c) 2025 Athiyyah Athiyyah, Hijrayanti Sari, Afia Hafizah https://creativecommons.org/licenses/by-nc-sa/4.0
Studi Komparatif tentang Batasan Usia Perempuan untuk Menikah dalam Mazhab Maliki dan Syafii: Implikasi Sosial dan Hukum di Indonesia
The minimum age of marriage for women is a significant issue in Islamic law and national legal policy, particularly in efforts to protect children and women. This study aims to comparatively examine the perspectives of the Mālikī and Shāfiʿī schools regarding the minimum age for women to marry, explore their respective methods of legal reasoning (istinbāṭ), and analyze the implications for early marriage practices in Indonesia. The research employs a qualitative method with a library research approach and descriptive-comparative analysis. The findings reveal that the Mālikī school sets the age of female puberty between 17 and 18 years, with an additional requirement of intellectual maturity (rusyd), while the Shāfiʿī school permits marriage from the appearance of biological signs of puberty, which may occur as early as age nine. This divergence stems from their differing legal methodologies: the Mālikī school emphasizes the objectives of Islamic law (maqāṣid al-sharīʿah), whereas the Shāfiʿī school adopts a more textual approach. These differences influence the development and application of marriage law in Indonesia. Although Law No. 16 of 2019 stipulates a minimum marriage age of 19 for both men and women, the ongoing practice of judicial dispensations still enables underage marriages. Therefore, harmonization between Islamic jurisprudence and positive law, along with strengthened legal education for the public, is essential to ensure more effective protection for women and children.
Age, Marriage, Law, Mazhab al-Mālikī, Mazhab al-Syāfi‘ī
Copyright (c) 2025 Arbain Mauliq, Mukran H. Usman, Surahman Y. Yatie https://creativecommons.org/licenses/by-nc-sa/4.0
Pembelian Pulsa Darurat Perspektif Fikih Muamalah
Emergency Credit is a modern service that provides convenience to customers, although it involves an additional fee at the end of the transaction. This study aims to analyze the types of contracts involved in the practice of purchasing emergency credit and to evaluate the transaction from the perspective of Islamic law, particularly within the framework of fiqh al-mu‘āmalāt, by assessing its compliance with Sharia principles. This research adopts a descriptive-qualitative approach using a literature review method, with a focus on normative analysis. The findings indicate that emergency credit transactions do not fall under the category of riba-based lending. Instead, they are classified as a form of ijarah contract, as they involve the exchange of services or the use of benefits provided by the service provider. This aligns with the principles of ijarah al-manfa‘ah, which is permissible in Islamic commercial jurisprudence. The additional fee in emergency credit can be interpreted as an administrative cost or a service fee, not as interest or unlawful gain. This study also presents a schematic overview of the transaction process, from purchase to repayment, through a fiqhi takyīf (legal characterization) approach. Therefore, the results serve as a valuable reference for regulators, industry practitioners, and academics in ensuring that such practices remain in accordance with Islamic legal principles.
Phone Credit, Emergency, Fiqh, Muamalah, Riba
Copyright (c) 2025 Wafiq Azizah Annisa R., Kurnaemi Anita, Mirnawati Mirnawati https://creativecommons.org/licenses/by-nc-sa/4.0
Ketentuan Wudu Bagi Penderita Salas al-Baul Studi Komparatif Antara Pendapat Mazhab Hanafi dan Mazhab Maliki
The issue of wudu for people with salas al-baul (urinary incontinence) is debated in various Islamic schools of thought. However, for people with salas al-baul, this condition is a challenge because urine comes out uncontrollably, causing confusion about how to perform ablution and prayer legally according to Shariah. This study aims to examine the provisions of wudu for people with salas al-baul (urinary incontinence) based on the views of the Hanafi Mazhab and the Maliki Mazhab, and compare the legal approaches used by the two madhhabs. The research method used is library research with a normative and comparative approach. The results show that the Hanafi Mazhab provides convenience for people with salas al-baul by allowing wudu to be performed once for each prayer time, without the need to repeat it even if there is urine discharge during prayer. In contrast, the Maliki school takes a stricter approach, requiring the sufferer to make every effort to prevent the discharge of impurities before making wudu. This comparison provides important insights for the development of contemporary fiqh, particularly in providing practical solutions for salas al-baul sufferers.
Salas al- Baul, Wudu, Hanafi school, Maliki school of thought, Comparative fiqh
Copyright (c) 2025 Arafah Arafah, Imran Muhammad Yunus, Muh. Ihsan Dahri https://creativecommons.org/licenses/by-nc-sa/4.0
Posisi Duduk Tasyahud Akhir pada Salat Sekali Tasyahud (Studi Komparatif Empat Mazhab)
This research aims to discover the opinions of four schools regarding the final tashahud sitting position in prayers performed with one tasyahud, as well as to discover the arguments used by each school in determining their opinion on the problem. The type of research used is qualitative research using library research methods (literature review). The approach used is normative approach and supported by a comparative approach method. Data analysis was conducted qualitatively using deductive methods. The results of the research show that the Maliki and Shafii schools are of the opinion that the final tashahud sitting position in the prayer performed with one tashahud is the tawaruk position, while the Hanafi and Hambali schools are of the opinion that the sitting position used is the iftirash position. For the opinions and arguments put by several schools, it appears that the strongest opinion is the Hanafi and Hambali schools which state that the sitting position performed is iftirash. This research is important in understanding the views of the four schools regarding the final tashahud sitting position in the prayer performed with one tashahud and its impact on efforts to enlighten muslims regarding tolerance in responding to differences of opinion that occur among scholars, especially in matters of jurisprudence.
Sitting Position, Tasyahud, Final, Comparative, Four Schools of Thought
Copyright (c) 2025 Muh. Ikhsan Andi Mappiasse, Ronny Mahmuddin, Arfanq Arfan https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah Izā Ijtama’a al-Ḥalālu wa al-Ḥarāmu Gulliba al-Ḥarāmu dalam Menghadiri Walimah Bermusik Perspektif Hukum Islam
This research seeks to explore the Islamic perspective on the concept of walimah al-‘urs and the use of music within it, as well as to analyze the ruling on attending musical walimah events through the lens of the fiqh principle Izā Ijtama‘a al-Ḥalālu wa al-Ḥarāmu Ghuliba al-Ḥarām. The study employs a qualitative descriptive approach with a library-based method of data collection. The analysis is conducted using normative juridical methods, complemented by a conceptual framework. Data analysis is done qualitatively with the deductive method. The results show that the law of fulfilling walimah or wedding invitations is obligatory with several requirements. The prohibition of listening to music and playing musical instruments is supported by the aforementioned evidences. The law of fulfilling an invitation to a musical walimah is obligatory if the invitee is able to change the evil contained in the walimah, in this case music. However, if the invitee is unable to change the evil contained in the walimah, then the law is haram based on the rule of Izā Ijtama'a al-Ḥalālu wa al-Ḥarāmu Gulliba al-Ḥarāmu. This research is important as a guide for the community in dealing with the phenomenon of walimah involving music. By understanding the rules and Islamic law that apply regarding the issue of attending a musical walimah, people can make wiser decisions when faced with these problems.
implementation, principle, Izā Ijtama’a al-Ḥalālu wa al-Ḥarāmu Gulliba al-Ḥarāmu, walimah, music-filled
Copyright (c) 2025 Muhammad Ibnul Mubarak, Kasman Bakry, Muh. Ihsan Dahri https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Maṣlaḥah Mursalah dalam Penulisan Nama pada Batu Nisan
This study aims to analyse the application of the concept of maṣlaḥah mursalah in the practice of writing names on tombstones, by considering the views of scholars from various madhhabs regarding the law of writing on graves. In addition, this study also aims to evaluate the extent to which writing names on tombstones can provide benefits for the community, such as facilitating grave identification. This research uses a qualitative approach with a library research method. The data analysed is qualitative and studied through a normative approach, and strengthened by comparative and conceptual approaches. Data analysis was conducted qualitatively using the deductive method to draw conclusions based on relevant general principles. The results show that there are four opinions regarding the law of writing names on tombstones: 1. Makruh (Hanafi, Maliki, Shafi, Hambali schools of thought), 2. Mubah (Zāhirī school of thought), 3. Haram (al-Shukānī, al-Sindī, al-“Irāqī, al-Ẓahabī, Ibn al-Hājj, Ibn Bāz, al-Lajnah al-Dāimah), 4. Permitted with conditions (Ibn Nujaim, al-Zayla'ī, Badruddīn al-'Ainī, al-Albānī, Ibn 'Uṡaimīn, Dār al-Iftā” al-Miṣriyah). The results also show that the writing of names on tombstones is not so relevant to maṣlaḥah mursalah, rather it is related to the general benefit and the objectives of the Shari'ah. This research is important to find out the opinions of the schools of fiqh regarding this issue and to find out the implications of its application. It is hoped that Muslims can gain a deeper and clearer understanding, so that all forms of doubt or confusion about fiqh law related to these issues can be eliminated.
Analysis, Maṣlaḥah Mursalah, Writing Names, Tombstones
Copyright (c) 2025 Wahid Cahaya Agam, Sirajuddin Sirajuddin, Muhammad Rezky Fauzy https://creativecommons.org/licenses/by-nc-sa/4.0