AL-MABSUTH: Jurnal Studi Islam dan Bahasa Arab
AL-MABSUTH: Jurnal Studi Islam dan Bahasa Arab adalah jurnal ilmiah yang diterbitkan oleh Pusat Penelitian dan Pengabdian Masyarakat (P3M), Institut Agama Islam STIBA Makassar, Indonesia. AL-MABSUTH: Jurnal Studi Islam dan Bahasa Arab diterbitkan 6 kali dalam setiap tahun (Juli, Agustus, September, Oktober, November, Desember). Jurnal ini menjadi wadah publikasi hasil penelitian dalam bidang Studi Islam dan Bahasa Arab. Fokus kajian mencakup topik-topik seperti tafsir, hadis, fikih, usul fikih, akidah, dakwah, sejarah Islam, pemikiran Islam, serta linguistik Arab, pembelajaran bahasa Arab, dan penerjemahan. Dewan redaksi menerima kontribusi naskah dalam bahasa Indonesia, Inggris, maupun Arab. AL-MABSUTH: Jurnal Studi Islam dan Bahasa Arab juga telah menjadi anggota CrossRef. Oleh karena itu, setiap artikel yang diterbitkan akan memiliki nomor unik DOI (Digital Object Identifier).
Institut Agama Islam STIBA Makassar, Indonesia
Studi Komparatif Pendapat Ibn ‘Umar dan Jumhur Ulama tentang Berwudu Menggunakan Air Laut
In Islamic jurisprudence (fiqh), water is essential for performing ṭahārah (ritual purification), and one type of water that has sparked scholarly debate is seawater. The majority of scholars (jumhūr al-ʿulamāʾ) from the four major schools of thought affirm that seawater is pure and purifying (mā’ ṭāhūr), based on an authentic ḥadīth of the Prophet Muhammad (peace be upon him). However, some companions, such as ibn ʿUmar, considered it disliked (makrūh) to use seawater for ablution, not due to impurity but out of discomfort with its taste or smell. This study aims to explore the differing views between the majority of scholars and Ibn ʿUmar on the validity of seawater for ablution. Using a qualitative-descriptive method with normative and comparative approaches through library research, the study reveals that all four schools accept seawater as valid for ablution, while ibn ʿUmar's view stems from personal piety (iḥtiyāṭ) rather than legal prohibition. The contrast reflects a broader divergence between prophetic authority and individual ijtihad. The study concludes that the position of the majority is more authoritative both epistemologically and practically, aligning with the objectives of Islamic law (maqāṣid al-sharīʿah), which promote ease and remove hardship in worship. The implication is the need to distinguish between personal caution and binding legal rulings to prevent confusion in religious practice among Muslims.
Ablution, Seawater, Islamic Jurisprudence, Ibn ‘Umar, Majority Scholars
Copyright (c) 2025 Muhammad Adib, Maulana La Eda, M. Dzul Fadli S https://creativecommons.org/licenses/by-nc-sa/4.0
Khuluk Sebab Ketidakpuasan Seksual dalam Perspektif Hukum Islam
This study aims to examine the general concept of khulʿ and sexual relations from the perspective of Islamic law, with a particular focus on how Islamic law views sexual dissatisfaction as a valid ground for khulʿ. This research adopts a qualitative approach using the library research method. The data sources include the Qur’an, Hadith, books, scholarly articles, journals, and other relevant literature. The findings indicate that khulʿ is a legitimate form of divorce initiated by the wife in exchange for financial compensation to the husband. One of the reasons recognized by Islamic law for requesting khulʿ is the husband's inability to fulfill his wife's biological needs, whether due to physical limitations or unwillingness to engage in sexual relations. The Hambali school explicitly permits khulʿ on these grounds, in line with the Islamic legal maxim al-Ḍarar yuzāl (harm must be eliminated). Sexual fulfillment is considered a fundamental right in marriage. When this right is persistently neglected, Islam provides a sharʿi-based solution through khulʿ as a fair and humane option. This study offers a significant contribution to strengthening the legal foundation and policy development of religious courts in handling divorce cases rooted in sexual dissatisfaction.
Khuluk, Dissatisfaction, Sexual, Islamic Law
Copyright (c) 2025 Muh. Nurgazali, Muhammad Nirwan Idris, Abdullah Nazhim Hamid https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Maqāṣid al-Syarī’ah terhadap Praktik Qiraah Imam Salat yang Menyelisihi Masyarakat Umum
The practice of the imam's qiraah in prayer is an important aspect of Muslim religious life that is closely related to the achievement of maqāṣid al-sharī'ah. Among the problems that arise is when the imam uses qiraah that is different from the customs of the general public. This study aims to examine the practice of qiraah of imams who use qiraah that differs from the customs of the general public and its relevance to the concept of maqāṣid al-syarī'ah theory. This research uses a descriptive qualitative method with a library research approach. The results show that: First, the ruling on the use of qiraah that deviates from the custom of the community is not absolute, but depends on the level of understanding of the community of the diversity of qiraah. The view of ibn Mufliḥ and the fatwa of contemporary scholars such as ibn Bāz and the Lajnah Dā'imah disfavor the practice of qiraah for people who are not familiar with the diversity of qiraah and have not received previous explanations. Secondly, among the factors that cause people's lack of understanding of various qiraahs is the lack of qiraah learning in religious institutions, the low interest in learning qiraah, and the dominance of the Ḥafṣ 'an 'Āṣim qiraah in daily life. This factor causes people to be unfamiliar with qiraah. The implication of this research is that there should be education about the various qiraahs in the community so that there will be no misunderstanding about the imam's recitation.
Qiraah, Maqāṣid al-Syarī‘ah , Prayer Imam, Public Interest, Variant Recitations
Copyright (c) 2025 Moh. Rizky Gymnastiar, Muhammad Yusram, Sirajuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Kesesuaian Mu'nah al-Marhūn pada KUR Syariah Pegadaian dengan Fatwa DSN-MUI No. 25/DSN-MUI/III/2002 (Studi Kasus PT. Pegadaian Cabang Sinjai)
This study examines the implementation of mu'nah al-Marhūn (maintenance fee) in Sharia People's Business Credit (KUR Syariah) at PT. Pegadaian Sinjai Branch, focusing on the discrepancy between DSN-MUI fatwa and field practices. Using qualitative field research with normative and juridical approaches, data was collected through interviews with KUR Syariah managers, observation, and documentation studies, employing deductive analysis techniques. The findings reveal that KUR Syariah uses rahn tasjīly contracts where customers submit only business asset documents without surrendering physical goods, complying with DSN-MUI Fatwa No. 68/DSN-MUI/III/2008. However, mu'nah is set at 3% per annum (0.14% monthly) of the loan amount, resulting in effective margins of 1.76%-5.12% depending on tenor. This percentage-based determination contradicts DSN-MUI Fatwa No. 25/DSN-MUI/III/2002, which prohibits determining mu'nah based on loan amounts. The study concludes that Pegadaian's mu'nah practice does not comply with fiqh muamalah principles as it resembles riba. The calculation method based on loan percentage rather than actual document maintenance costs contradicts Islamic mu'nah concepts. The research recommends revising the mu'nah mechanism to align with Sharia principles and urges DSN-MUI to issue specific fatwas on mu'nah in contemporary rahn tasjīly applications.
Islamic jurisprudence, KUR Syariah, Mu’nah , MSMEs, rahn tasjīly
Copyright (c) 2025 Khadriansyah Naris, Khaerul Aqbar, Sulkifli Herman https://creativecommons.org/licenses/by-nc-sa/4.0
Penggunaan Pamper bagi Lansia Penderita Inkontinesia Urin ketika Berihram Perspektif Hukum Islam
This journal discusses a contemporary fiqh issue regarding the use of adult diapers (pamper) by elderly pilgrims suffering from urinary incontinence during Hajj or Umrah. Health conditions such as urinary incontinence are commonly experienced by elderly pilgrims, posing challenges in performing religious rituals, especially while in the state of ihram. One frequently used solution is the use of adult diapers. However, this raises legal questions in Islam due to the prohibition against wearing stitched clothing during ihram. This study aims to examine the Islamic legal perspective on the use of adult diapers during ihram, as well as the appropriate procedures for worship for elderly individuals with such conditions. The research method used is library research with a normative. The results of the study indicate that in cases of physical impairment such as urinary incontinence, the use of adult diapers is permitted in Islamic law based on the principles of rukhsah (legal concession) and ḍarūrah (necessity), as long as it is not intended as ordinary clothing. Scholars allow the use of diapers, whether stitched or unstitched, as long as they are used for medical purposes and to maintain cleanliness. Furthermore, religious practices can still be performed by observing the principles of ṭahārah (purification) and by changing the diapers regularly to prevent the spread of impurity (najasah). This study contributes to the development of contemporary fiqh that is responsive to the health conditions of elderly pilgrims performing Hajj or Umrah.
Ihram, elderly, urinary incontinence, diapers, Islamic law
Copyright (c) 2025 Yuliani Citra Awalia, Hijrayanti Sari, Syamsiah Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Konsep Al-Mujāwazah dalam Wudu Perspektif Mazhab Syafii
This research explores the practice of al-Mujāwazah in wudu, namely washing body parts beyond the obligatory limits prescribed in Islamic law, as understood within the Shafi‘i school. Although widely practiced among some Muslims, its precise legal status is not consistently understood. The study aims to clarify how Shafi‘i jurists classify al-Mujāwazah: whether it is deemed recommended (sunah), permissible (mubah), or discouraged (makruh), and the arguments supporting these views. A qualitative library research method with a normative-juridical approach was employed, supported by comparative and thematic analysis. Findings indicate that the Shafi‘i school generally considers extending washing in wudu as a recommended act, in line with the Prophet’s practice, provided it does not lead to isrāf (wastefulness). Nonetheless, Shafi‘i scholars differ on the extent to which such extension is encouraged, reflecting nuanced interpretations within the school. Furthermore, moderation is highlighted as essential, especially where water resources are scarce. In this light, understanding al-Mujāwazah gains contemporary significance, offering insights not only into Shafi‘i jurisprudence on ritual purification but also into ethical engagement with environmental concerns. This study thus contributes to Islamic legal scholarship by clarifying the juristic status of al-Mujāwazah while fostering dialogue between ritual law and ecological responsibility in the era of global water crises.
Copyright (c) 2025 Sitti Fatimah, Ahmad Syaripudin, Abdul Munawir https://creativecommons.org/licenses/by-nc-sa/4.0
Penerapan Had Zina pada Muhṣan dan Gairu Muhṣan Menurut Mazhab Syafii dan Hambali
Zina (fornication or adultery) in Islamic law is an act that entails specific legal consequences under ḥadd (fixed) punishments, ranging from lighter penalties such as lashing to more severe ones like stoning. In its legal application, Islamic jurisprudence differentiates between offenders who are muḥṣan (previously married) and ghairu muḥṣan (never married). This study aims to: first, examine how the ḥadd punishment for zina is implemented for muḥṣan and ghairu muḥṣan individuals based on the Shāfi‘ī and Ḥanbalī schools. Second, to explore the methods of legal derivation (istinbāṭ al-ḥukm) employed by both schools in determining such applications. This is a library research (literature-based study), using normative and comparative approaches. The findings reveal two key points: first, the Shāfi‘ī school stipulates that the ḥadd punishment can only be enforced when four just male witnesses directly observe the act of zina. In contrast, the Ḥanbalī school considers it sufficient for the offender to confess voluntarily and without coercion, four times before a judge. Second, the Shāfi‘ī method of legal reasoning is based predominantly on a textual reading of the Qur'an, while the Ḥanbalī school prioritizes hadith, particularly those reflecting the Prophet’s practice in zina cases. The conclusion demonstrates that the Shāfi‘ī and Ḥanbalī schools differ in both the application of ḥadd punishments and their methodologies of legal derivation. The implications of this research contribute to the scholarly development of comparative Islamic jurisprudence and serve as a reference for future studies.
Zina punishment,married offender, unmarried offender, syafii school, hanbali school
Copyright (c) 2025 Nurvilla Paputungan, Mukran H. Usman, Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Berjabat Tangan dengan Wanita Lansia Non-Mahram (Studi Komparatif Mazhab Hanafi dan Mazhab Syafii)
This research seeks to examine the overall Islamic ruling regarding the practice of handshaking, to analyze the legal status of handshaking with non-mahram women, and to compare the differing views between the Hanafi and Shafi’i schools regarding this practice, specifically in the case of elderly women. This study employs a qualitative method with a library research approach and comparative analysis of primary and secondary fiqh sources from both schools. The findings indicate that, in general, handshaking is recommended in Islam as an expression of brotherhood and social bonding. However, both the Hanafi and Shafi’i schools agree on the prohibition of handshaking between men and non-mahram women. The Hanafi school allows exceptions for elderly women, provided there is no sexual desire involved, while the Shafi’i school prohibits it unconditionally. This research contributes to the contemporary fiqh discourse by offering a critical comparative study of gender interaction within the framework of Islamic law.
Handshake, Elderly woman, Mahram, Hanafi school of thought, Syafii school of thought, Comparative jurisprudence
Copyright (c) 2025 Usamah Al Fursan, Muhammad Ikhsan, Muhammad Istiqamah https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Taharah dengan Air Bekas Minum Hewan (Studi Komparatif Mazhab Maliki dan Mazhab syafii)
This study discusses the comparison of purification laws regarding the use of residual water from animals’ drinking according to the Shafi’i and Maliki schools of thought. The purpose of this research is to understand how the two schools derive legal rulings (istinbat) about using residual water from animals for purification. This study uses a literature review method by collecting and comparing the opinions of scholars from both schools through classical books and other relevant sources. The results show that both schools agree that residual water from animals with halal meat, such as goats, cows, and cats, remains pure and can be used for purification as long as the water does not change in color, smell, or taste. However, there is a difference of opinion regarding residual water from dogs and pigs. The Shafi’i school states that such water is severely impure and cannot be used for purification, while the Maliki school considers it pure as long as the water’s properties do not change, although its use is discouraged as a precaution. This difference arises because the two schools use different methods in deriving legal rulings, where the Shafi’i school strictly follows textual evidence, while the Maliki school takes into account the public interest and social customs. This study is expected to serve as a reference for Muslims in choosing opinions that suit their conditions and to enhance understanding of purification laws in Islam
Residual Water, Drinking Water, Animal, Purification, Shafii School, Maliki School
Copyright (c) 2025 Suleha Jalil, Rosmita, Siti Sa'dianti https://creativecommons.org/licenses/by-nc-sa/4.0
Jual Beli Ball Thrift Secara Online Perspektif Empat Mazhab
Ball thrift denotes buying used goods in bulk (sight-unseen), a practice that, in Islamic jurisprudence, can involve garar (uncertainty) prohibited by the Sharia. This study maps the positions of the four Sunni schools and identifies the preponderant (rājiḥ) view on its legal status. Using a descriptive-qualitative, library-based method with a comparative normative approach, the findings indicate: the Ḥanafī school allows the transaction provided the buyer is granted khiyār after inspecting the goods; the Mālikī school also permits it when accompanied by a clear catalogue or itemized list and when established as a common ‘urf, so long as no manifest garar remains. By contrast, the Shāfiʿī and Ḥanbalī schools deem such sales invalid due to significant ambiguity regarding the subject matter of the contract. Overall, online ball-thrift sales are invalid according to the majority if there is no detailed disclosure of the goods and no khiyār for the buyer. To uphold fairness and due care in Islamic transactions, the practice is only defensible when two core conditions are met: clarity of the goods and the provision of khiyār. Practically, the study urges business actors to prioritize transparency and equity in online trade and, academically, contributes to contemporary muʿāmalah fiqh aligned with modern commercial practices.
Buying and selling, ball thrift, online, mazhab
Copyright (c) 2025 Maharani Ilyasa Putri, Kurnaemi Anita, Nurfiah https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Fatwa Dewan Syariah Wahdah Islamiyah tentang Pengelolaan Dana Umrah Paket Murah Perspektif Hukum Islam
This study examines the fatwa issued by the Wahdah Islamiyah Sharia Council (DSWI) regarding the management of funds for low-cost umrah packages from an Islamic law perspective. The phenomenon of widespread offers of umrah at very affordable prices has raised concerns about their compatibility with sharia principles, particularly in terms of the management of pilgrims' funds. This study employs a qualitative descriptive-analytical method with a case study approach to specific fatwas. The analysis focuses on the legal basis (dalil), the method of legal deduction (istinbāṭ), and the Sharia implications of the fatwa on the practical implementation of umrah. Primary data was obtained from official DSWI fatwa documents, while secondary data was collected from literature related to Islamic jurisprudence (fiqh), Sharia contracts, and regulations governing the performance of Hajj and Umrah. Based on the analysis results, it is concluded that the management of funds for prospective umrah pilgrims through non-standard cheap package schemes that do not guarantee certainty of departure and are conducted before funds are adequately collected is not permissible under Sharia law. This study is expected to provide a comprehensive understanding of the DSWI's perspective in safeguarding the welfare of pilgrims and ensuring Sharia compliance in the umrah travel industry.
Fatwa, Wahdah Islamiyah, Umrah Fund, Cheap Package, Sharia
Copyright (c) 2025 Candra Tri Munandar, Rahmat, Muhammad Fachmi https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Induksi Laktasi bagi Ibu yang Tidak Memproduksi ASI: Perspektif Kaidah Lā Ḍarar wa Lā Ḍirār
This study examines the legal status of lactation induction, an effort to stimulate breast milk production in mothers who are unable to breastfeed, from an Islamic legal perspective, with a focus on the principle of lā ḍarar wa lā ḍirār (no harm and no retaliation). The objective of this study is to describe the procedures for performing lactation induction in detail and to identify potential harms that may arise. Additionally, this study analyses the application of this usul al-fiqh principle in determining the Islamic legal ruling for non-lactating mothers. The method used is a literature review with a normative descriptive approach and deductive analysis of classical and contemporary fiqh literature. Lactation induction is performed through physical stimulation, infant sucking, and the use of medications such as domperidone and metoclopramide. This procedure requires perseverance and careful medical supervision. However, there are risks such as medication side effects and other side effects that may affect the mother's condition. Based on the principle of lā ḍarar wa lā ḍirār, this practice may be deemed makrūh if it is proven to be harmful to the mother. The principle of protecting life (ḥifẓ al-Nafs) in maqāṣid al-Syarī‘ah serves as an important foundation for legal rulings. This study emphasises the need for fiqh guidelines that are integrated with medical ethics.
Islamic Law, Non-Lactating Mothers, Lactation Induction, Lā Ḍarar Wa Lā Ḍirār
Copyright (c) 2025 Aenun Mardiah, Hijrayanti Sari, Fauziah Ramdani https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Menyentuh Bulu Anjing Menurut Imam Abū Ḥanīfah dan Imam al-Syāfi‘ī (Studi Komparasi)
This study aims to analyse Imam Abū Ḥanīfah's views on the law of touching dog hair, analyse Imam al-Syāfi‘ī's views on the law of touching dog hair, and compare the two views to gain a comprehensive understanding of the basic differences and similarities in each of their legal arguments. This study employs a library research methodology with a normative and comparative approach. Data is analysed from various sources. The results of the study indicate that Imam Abū Ḥanīfah holds the view that dog fur is not inherently impure, except for its saliva. Meanwhile, Imam al-Syāfi‘ī argues that dogs are impure in their entirety, so that their entire body, including their fur, becomes impure when wet. The difference in opinion between the two imams is based on the difference in the arguments used and their respective methods of legal inference. Abū Ḥanīfah emphasises analogy and the principle of purity, while Imam al-Syāfi‘ī adheres more to the literal text of the hadith. The conclusion of this study is that Imam Abū Ḥanīfah and Imam al-Syāfi‘ī differ in their legal opinions regarding touching dog hair. The author tends to support Imam al-Syāfi‘ī’s opinion due to the stronger hadith basis, the consistency of the school of thought, and the need for caution in worship. The implications of this study highlight the importance of a Muslim’s caution in maintaining purity when interacting with dogs, especially in the context of worship such as prayer, which requires absolute purity from impurity.
Najis, dog hair, Abu Hanifa, Imam al-Shafi'i, comparative jurisprudence
Copyright (c) 2025 A Muhammad Raihan Makmur, Ahmad Syaripudin, Muḥammad Istiqamah https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Hukum Islam terhadap Pencairan Limit Kredivo Melalui Top-Up E-Wallet
This study aims to examine the Islamic legal perspective on Kredivo services and the disbursement of credit limits through the Top-Up E-Wallet feature. The study employs a qualitative method with a normative legal approach through a literature review of classical and contemporary fiqh literature and relevant sharia legal provisions. The results of the study indicate that the ‘Pay in 30 Days’ service and instalments with a specific tenor in Kredivo services contain elements of usury because they require ziyādah in the form of interest and service fees, as well as imposing late payment penalties. Meanwhile, the Top-Up E-Wallet feature allows users to convert their loan limits into digital balances that are more flexible and can even be cashed out. The contract in this service is essentially a qarḍ, but the imposition of service fees as a fixed percentage makes it a qarḍ jarra manfa‘ah, i.e., a loan that benefits the lender and falls under the category of prohibited riba. Similarly, the late payment penalties are categorised as prohibited riba nasīah. This research contributes to enriching the body of knowledge and discourse on contemporary Islamic commercial law, particularly in assessing the validity of digital financial services widely used by Muslim communities today.
Islamic law, Kredivo, E-Wallet Top-Up, Riba
Copyright (c) 2025 Abdullah Al Faruq, Muhammad Shiddiq Abdillah, Sirajuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah al-Ḍarūrāt Tubīḥu al-Maḥẓūrāt pada Tindakan Operasi Sedot Lemak bagi Penderita Obesitas
This study aims to examine the implementation of the fiqh principle of al-Ḍarūrāt tubīḥu Al-Maḥẓūrāt on medical procedures such as liposuction for obese patients from an Islamic law perspective. This study employs a qualitative approach using a literature review method. The primary sources include classical and contemporary fiqh literature, as well as up-to-date medical data related to obesity and liposuction practices. The results of the study indicate that the principle of al-Ḍarūrāt tubīḥu al-Maḥẓūrāt (emergency situations may permit something that is otherwise prohibited) in Islamic law is applied under certain conditions, particularly in situations that threaten life or essential interests. Medical liposuction aims to reduce body fat in specific areas and can be a solution for obesity that poses a health risk, although it is not a long-term solution and still carries the risk of complications. Liposuction may be permitted under Islamic law if it meets five conditions: there is a real threat to life, no alternative is available, the procedure is performed in a limited manner according to need, it does not cause greater harm, and it does not violate the fundamental principles of the religion. This study highlights the fiqh principle of al-Ḥājah tunazzalu manzilat al-Ḍarūrah, ʿāmmah kānat aw khāṣṣah, which opens the possibility of legal dispensation for procedures such as liposuction, provided that the need is equivalent to an emergency. However, its application must be cautious to avoid being misinterpreted as merely fulfilling desires. This study encourages further research to clarify legal boundaries in the context of modern medicine.
Copyright (c) 2025 Jihan Azdra, Rachmat Bin Badani Tempo, Nita Zikriani https://creativecommons.org/licenses/by-nc-sa/4.0
Kajian Hukum Islam terhadap Transaksi Jual Beli Daging Kuda Perbandingan Mazhab Hanafi dan Syafii
This research examines the Islamic legal perspective on horse meat transactions by comparing two schools of thought in Islamic jurisprudence, namely the Hanafi and Shafi'i schools. Horse meat has become a topic of debate among scholars regarding its permissibility for consumption and the validity of transactions involving it. The Hanafi and Shafi'i schools of thought have differing views on the legality of buying and selling horse meat. This difference reflects various interpretations of Islamic legal sources, such as the Qur'an and Hadith. The type of research used in this study is library research, which involves the collection of various literatures, scientific works, and classical Islamic texts that discuss this issue, with a normative and comparative approach. The data analysis method used is descriptive. The results of this study conclude that the Hanafi school has two narrations regarding the law of consuming horse meat, which will impact the law of the transaction of buying and selling the meat itself. The two narrations are karāhah al-Taḥrīm and karāhah al-Tanzīh, both of which are equally strong. strong. Meanwhile, the Shafi'i school considers the law of buying and selling horse meat to be permissible (allowed) because this school permits the consumption of horse meat. horse. This research is expected to provide a deeper understanding of the differing views between the two schools of thought regarding the sale and purchase of horse meat, as well as its implications in economic and trade practices among the Muslim community. Muslims.
Horse meat, Islamic law, buying and selling
Copyright (c) 2025 Pathul Yadi, M. Kasim, Maulana Maulana https://creativecommons.org/licenses/by-nc-sa/4.0
Ikhtilat dalam Tenda Pengungsian (Aktualisasi Kaidah Mā Lā Yumkinu al-Taḥarruzu Minhu Ma’fuwwun ‘Anhu)
This study aims to examine in depth the legal status of ikhtilaṭ (gender mixing), particularly within the context of refugee tents which often necessitate interaction in limited spaces. Furthermore, this study also aims to analyze the application of the legal maxim mā lā yumkinu al-taḥarruzu minhu ma’fuwwun ‘anhu as a normative basis for addressing ikhtilat situations in refugee shelters. This research employs a normative. The findings indicate that, from the perspective of Islamic jurisprudence, ikhtilat in refugee tents can be understood as a state of emergency that requires legal concessions and flexibility in the application of Islamic law. In this context, the maxim mā lā yumkinu al-taḥarruzu minhu ma’fuwwun ‘anhu is relevant to be implemented, allowing ikhtilat in refugee shelters to be excused under certain conditions. The actualization of this maxim can be carried out by considering factors such as urgent necessity, lack of alternative options, and the absence of opportunities for committing immoral acts. The implications of this research highlight the importance of integrating disaster fiqh perspectives into refugee management policies. This study recommends that disaster management policies be formulated by taking into account Sharia principles that are adaptive to emergency conditions, through the provision of adequate facilities that ensure the safety, comfort, and dignity of refugees, as well as by enhancing disaster fiqh literacy among policymakers and the wider community. These efforts are expected to safeguard public welfare without neglecting Sharia values.
Gender Mixing,Islamic legal mixing, Refugee, Emergency
Copyright (c) 2025 Nurul Faqih A. Patang, Andi Indra Puteri, Eka Syahariani https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Pengharaman Daging Impor Menurut Kaidah Al-Aṣlu fī Al-Luḥūm Al-Taḥrīm
This study aims to examine the slaughtering methods employed in the production of imported meat and to analyze the permissibility of such meat based on the Islamic legal maxim al-Aṣlu fī al-Luḥūm al-Taḥrīm (the default ruling on meat is prohibition). This research adopts a qualitative descriptive approach in the form of library research, utilizing a normative legal framework by analyzing various scholarly sources relevant to the subject matter. The findings of the study reveal the following: First, the slaughtering methods of imported meat are classified into two categories: (1) religious slaughter, which complies with Islamic legal and ethical principles, and (2) conventional slaughter, which typically involves stunning techniques. A significant number of exporting countries apply the conventional method that includes stunning prior to slaughter. Second, according to the maxim al-Aṣlu fī al-Luḥūm al-Taḥrīm, if the stunning process whether by electricity, gas, or captive bolt—causes the animal to die before the actual slaughter, the meat is deemed impermissible (ḥarām). Moreover, when considering the country of origin, if the meat is imported from a predominantly Ahl al-Kitāb (People of the Book) nation, its consumption is technically permissible; however, it is advisable to abstain as a precautionary measure to ensure greater compliance with Islamic dietary laws.This research is expected to contribute to public awareness and provide a deeper understanding of the importance of consuming meat that is both safe and compliant with Islamic law
Analysis, Prohibition, Imported Meat, Legal Maxim
Copyright (c) 2025 Raehana, Sartini Lambajo, Nabilah Al Azizah https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Konsumsi Kecebong: Perspektif Mazhab Maliki dan Mazhab Syafii
This article is motivated by people's habits of utilizing biodiversity as a food source, one of which is tadpoles, so this research aims to discuss the law of consuming tadpoles in Islam according to the views of the Maliki School and the Syafii School as well as the strongest statement regarding the law of consuming tadpoles. This research is library research using qualitative descriptive methods as well as normative and comparative approaches. This article examines the biological status of tadpoles, their ecological role and consumption laws. The research results show that according to the Maliki School, consumption of tadpoles can be permissible (mubah) based on punishment of the parent (frog), but if viewed from the maqāṣid al-Syarī'ah perspective, tadpoles are not permitted because the harm that appears is greater than the benefits. The Syafii school of thought tends to prohibit it because of the metaphor of adult frogs being categorized as haram. However, the opinion of the Syafii School is stronger on this matter based on the hadith of the Prophet Muhammad. regarding the prohibition on killing frogs. The implications of this research can serve as a guide and material for consideration in determining contemporary Islamic law.
tadpoles, amphibians, consumption, maliki school, syafii school
Copyright (c) 2025 Farah Khaerun Nisa AS, Nuraeni Novira, Sri Reski Wahyuni Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Studi Komparatif Pandangan Empat Mazhab Fikih Tentang Hukum Membaca Mushaf dalam Salat Berjemaah
This study aims to examine the perspectives of the four major schools of Islamic jurisprudence regarding the ruling on reading the muṣḥaf (physical copy of the Qur'an) during congregational prayer, as well as to analyze the differences and similarities among these schools. This research employs a qualitative method focused on library research with a normative and comparative approach. The findings indicate that the majority of schools permit reading from the muṣḥaf during voluntary (sunnah) prayers, but they differ in their views concerning obligatory (farḍ) prayers. The Hanafi school holds that reading from the muṣḥaf invalidates the prayer, whether it is obligatory or voluntary, due to the additional movements that may disrupt the form of worship. The Maliki school considers it makrūh (discouraged) in obligatory prayers but permits it in voluntary prayers under certain conditions. The Shāfiʿī school allows reading from the muṣḥaf in all types of prayers, while the Ḥanbalī school generally permits it in voluntary prayers, although some Ḥanbalī scholars deem it makrūh in obligatory prayers. These findings demonstrate that the ruling on reading from the muṣḥaf during prayer is an issue of ijtihād (scholarly reasoning) and falls under furūʿiyyah (subsidiary matters), which are open to scholarly disagreement. This study is expected to provide a moderate and practical understanding for Muslims in choosing legal opinions that align with their circumstances, memorization abilities, and the needs of congregational prayer, while maintaining the integrity and completeness of worship in accordance with Islamic law.
Comparative, Four Sunni Schools, Mushaf, Congregational Prayer
Copyright (c) 2025 Sumayyah, Irsyad Rafi, Afrianto https://creativecommons.org/licenses/by-nc-sa/4.0
Fenomena Uang Pelicin di Birokrasi Indonesia dalam Perspektif Hukum Islam dan Hukum Positif
The phenomenon of facilitation payment as an unofficial gift in bureaucratic services aimed at expediting procedures is often viewed by the public as a form of gratitude, culture, or even custom. This study examines the perspectives of Islamic law and positive law, as well as their legal implications regarding this phenomenon. The methods used include literature review with sources from books, news, and academic works, a normative approach to examine Islamic legal principles, a legal approach to analyze statutory provisions, and a comparative approach to compare the two legal systems. The research findings indicate that bribery is categorized as risywah or bribery, which is strictly prohibited by both legal systems. The fundamental difference lies in the consideration of intent in Islamic law, so that the status of facilitation payment can vary from absolutely forbidden to permissible in cases of necessity, whereas positive law does not consider intent. Penalties in Islamic law take the form of ta‘zīr, which depends on the judge's decision, while in positive law, law enforcement tends to focus on cases of significant state losses and ignores small transactions even though the law does not recognize a nominal limit. This research contributes to the discourse on comparative criminal law and provides recommendations for anti-corruption policies based on moral integrity and legal certainty.
Facilitation Payment, Bureaucracy, Islamic Law, Positive Law
Copyright (c) 2025 Nur Khadijah Marsiah, Ariesman M, Chamdar Nur https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah Dar’u al-Mafāsid Muqaddamun ‘alā Jalbi al-Maṣāliḥ terhadap Penggunaan Neuralink dalam Peningkatan Kognitif Manusia
This research aims to understand the concept of neuralink in human cognitive enhancement, comprehend the limitations of the dar’u al-Mafāsid muqaddamun ‘alā jalbi al-Maṣāliḥ principle in the context of cognitive enhancement, and analyze the application of this principle in the use of neuralink technology for human cognitive enhancement. The research method used is library research with a normative phenomenology approach. This study examines the concept of neuralink, the limitations of the dar’u al-Mafāsid muqaddamun ‘alā jalbi al-Maṣāliḥ principle, and its application in the context of brain implant technology. Data was collected from classical fiqh books, as well as contemporary scientific journals on neuralink technology. The research results indicate that, first, neuralink is a Brain-Computer Interface (BCI) technology that connects the human brain to computers for cognitive enhancement. Second, this principle restricts innovation if the potential harm is greater than or equivalent to the benefits. Third, the implementation of the dar’u al-Mafāsid muqaddamun ‘alā jalbi al-Maṣāliḥ principle indicates the necessity of prioritizing harm prevention over benefit acquisition, especially concerning the protection of maqāṣid al-Syarīʿah, which includes religion, life, intellect, progeny, and property. The implications of this research provide guidance for Muslims in addressing the development of brain implant technology, while also contributing to the global ethical discussion regarding Brain-Computer Interface (BCI).
Implementation, Islamic legal Maxim, Neuralink, Cognitive Enhancement
Copyright (c) 2025 Khadijah Muqayyimah Nas, Askar Patahuddin, Rustam Efendi https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Peraturan Daerah Kabupaten Enrekang Terkait Pedoman Perhitungan, Pengumpulan dan Pendayagunaan Zakat Gaji PNS dalam Perspektif Kaidah Fikih Tasarruf Al-Imām ‘Alā Ar-Ra‘Iyyah Manūṭun bi Al-Maṣlaḥah
Enrekang Regency has emerged as a progressive region in implementing professional zakat deductions through local government regulations, specifically Regional Regulation No. 6 of 2015 and Regent Regulation No. 8 of 2016. This policy is particularly relevant for scholarly analysis, as it reflects the exercise of governmental authority in organizing religious duties through codified legal frameworks. This research investigates the local policy framework in Enrekang Regency concerning the formulation, collection, and distribution of professional zakat, deducted directly from the income of civil servants (PNS). The study is grounded in the Islamic legal maxim tasarruf al-imām ‘alā al-ra‘iyyah manūṭun bi al-maṣlaḥah, which posits that all decisions made by a ruler must be guided by public interest (maṣlaḥah). Applying a qualitative method and normative-juridical approach, the findings reveal that the 2.5% zakat deduction—enforced by these regulations—is carried out via an automatic payroll system and is overseen by the local BAZNAS (National Zakat Agency). The use of these funds extends beyond meeting the immediate needs of zakat recipients (mustaḥiq), encompassing long-term programs for economic and social empowerment to enhance communal well-being. In the framework of Islamic jurisprudence, such a policy aligns with the objectives of public welfare and demonstrates the role of leadership in ensuring equitable and trustworthy governance. Consequently, Enrekang’s approach to managing professional zakat exemplifies a sharia-compliant public policy model that integrates economic, social, spiritual, and institutional dimensions of development.
baznas, zakat, civil servant, enrekang, perspective
Copyright (c) 2025 Ghiast Iqrar, Salahuddin Guntung, Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Penerapan Kaidah al-Ḍararu Yudfa’u Biqadri al-Imkān pada Iktikaf Wanita tanpa Mahram Perspektif Fikih Empat Mazhab
This study aims to examine and understand the concept of the principle of al-Ḍararu Yudfa'u Biqadri Al-Imkān as a legal basis for the implementation of iktikaf for women without a mahram, reviewed from the perspective of the four schools of fiqh. The focus of this study is on efforts to prevent harm (ḍarar) that may arise in the practice of iktikaf worship, particularly regarding safety and interaction between men and women within the mosque. The methodology employed is a qualitative approach through library research, as well as normative and comparative approaches. The data sources used are primary and secondary sources obtained from classical fiqh books and other relevant scientific literature. The results of this study indicate that the majority of scholars from the four schools of thought permit women to perform iktikaf in the mosque under certain conditions, particularly regarding safety and the separation of spaces between men and women. In conditions where the mosque is unsafe or lacks separation facilities, the potential for fitnah (temptation) and violations of the purpose of i'tikaf becomes high. Therefore, the application of the principle of al-Ḍararu Yudfa’u Biqadri al-Imkān (harm must be avoided to the extent possible) affirms that prohibiting or restricting women's i'tikaf without a mahram in vulnerable places is a preventive measure in accordance with the principles of sharia. The implications of this research encourage mosque administrators to prioritise the comfort and safety of female worshippers, as well as provide comprehensive legal education on the implementation of iktikaf to ensure it remains consistent with the objectives of worship and the values of public welfare.
Copyright (c) 2025 Nurfaizah, Maulana La Eda, Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Mengkhususkan Surah al-Fatihah di Akhir Doa Perspektif Mazhab Syafii
This study analyses the law of reciting Surah al-Fatihah at the end of prayer from the perspective of the Shafi'i school of thought. The first objective of this study is to examine the recitation of Surah al-Fatihah in worship. The second objective is to examine the law of reciting Surah al-Fatihah at the end of prayer from the perspective of the Shafi'i school of thought. This study uses a descriptive qualitative method through library research based on secondary data sources. The results of the study show that, first, Surah al-Fatihah is prescribed in worship only in the context of prayer as an obligatory or sunnah pillar of prayer and as a means of healing a person's illness. The ruling on reciting Surah al-Fatihah at the end of prayer is disputed among Shafi'i scholars. Imam al-Shafi'i and al-Nawawi did not discuss it specifically and emphasised prayer in accordance with the Sunnah. Meanwhile, some scholars such as al-Rāfi’i, Ibn Hajar, al-Ramlī, al-Khalīlī, and Ḥasan ibn ‘Alī permit it. Since there is no evidence from the Quran or Sunnah recommending the recitation of Surah al-Fatihah to conclude the prayer, this practice is returned to the original ruling of worship, which is to stop at the boundaries set by the Shari’ah until there is evidence indicating its permissibility.
Prayer, Specialisation, Perspective, Surah al-Fatihah, Shafi'i
Copyright (c) 2025 Fitria Alimin Slamet Albatati, Rosmita, Nur Afni A. https://creativecommons.org/licenses/by-nc-sa/4.0
Penerapan Marketing 5.0 Bagi Wanita Perspektif Hukum Islam
This study aims to analyse women's involvement in the application of the marketing 5.0 concept from an Islamic law perspective. The analysis will focus on the views of Islamic scholars regarding the role of women in marketing activities in general, as well as relevant Islamic marketing principles as ethical filters in Marketing 5.0 practices. Marketing 5.0 is a modern marketing approach that combines advanced technologies such as artificial intelligence with emotional approaches to create a more personalised customer experience. This research discourse encompasses the disciplines of digital marketing and Islamic law, with a focus on how Muslim women can participate in digital marketing without violating Sharia principles. The method used is descriptive qualitative research with a normative approach, through literature review. The results of the study show that Islam does not prohibit women's involvement in marketing as long as they maintain sharia boundaries, such as wearing the hijab, avoiding ikhtilat, and ensuring transparency in marketing activities. However, there are ethical challenges in digital marketing, such as visual exploitation and tabaruj, which can conflict with Islamic values. This research contributes to a deeper understanding for Muslim women on how to participate in digital marketing while maintaining Islamic moral and spiritual values. Thus, this study is expected to serve as a reference for academics, marketing practitioners, and the general public in developing marketing concepts aligned with Islamic law.
Digital, Hijab, Islamic Law, Marketing 5.0, Digital Marketing, Muslim Women
Copyright (c) 2025 Andi Liliana Zarkiyah, Kurnaemi Anita, Rodiah https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Pendapat Empat Mazhab tentang Imam Tunarungu dalam Salat Perspektif Maqāṣid al-Syarī’ah
The imam plays an important role in leading the recitation and movements of congregational prayer in accordance with Islamic law. However, controversy arose when the imam was replaced by a deaf person, due to differences in opinion between schools of thought. This study aims to examine the opinions of four schools of thought regarding the ruling on a deaf imam in prayer and its relevance to the theory of maqāṣid al-syarī’ah, particularly the principle of ḥifẓ al-dīn (preserving religion). This study employs a descriptive qualitative method through literature review. The results of the study show: First, the concept of maqāṣid al-syarī’ah is a concept of public interest contained in every Sharia law. With this approach, Islamic law becomes more relevant and able to respond to contemporary challenges. Second, the Hanafi school of thought does not explicitly discuss the law of a deaf imam. The Māliki school of thought has two opinions: some permit it on the condition that the imam is ahlul Qur’an, while others consider it makruh if he is appointed as a permanent imam. The Shāfi’i school of thought permits it absolutely. The Ḥanbali school of thought has differing opinions: some permit it absolutely, while others consider it haram. Third, the view of the Maliki school of thought, which requires the imam to be ahlul Qur'an and discourages him from becoming a permanent imam, is in line with the principles of ḥifẓ al-dīn and ḥifẓ al-'irḍ in maqāṣid al-syarī'ah because it considers the interests of the ummah in maintaining the existence of worship. This finding enriches the body of Islamic legal scholarship through the lens of maqāṣid al-syarī‘ah.
Four schools of thought, Imam, Maqāṣid al-Syarī’ah, Salat, Deaf
Copyright (c) 2025 Muhammad Idil Fitri, Imran Muhammad Yunus, Muh. Yusuf https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Wanita Melaksanakan Salat Jumat dalam Perspektif Hukum Islam
This study discusses the law of women performing Friday prayers from the perspective of Islamic law, an issue that has sparked differing views among the public. This study aims to identify the arguments or views used by each Islamic fiqh school of thought and other scholars in determining their opinions on this issue. It uses a descriptive qualitative approach and library research methods. Data was collected through a comprehensive review of the Quran, the Prophet's hadith, and various classical and contemporary fiqh literature, including books, articles, journals, theses, and other library sources. The results of this study indicate that each scholar has a strong opinion, although there is no explicit evidence explaining the obligation of women to perform Friday prayers. Therefore, the majority of scholars (jumhur) agree that Friday prayers are not obligatory for women. However, this research emphasises that the performance of Friday prayers for women according to Islamic law is not an obligation but is permissible (mubah) under certain conditions. This permissibility is accompanied by certain conditions and etiquette, ensuring it does not lead to potential fitnah or undue attention. The novelty of this research lies in its in-depth analysis of the perspectives of the schools of thought, providing a comprehensive understanding of the diverse viewpoints of scholars and their implications. This is crucial in enlightening Muslims to approach each fiqh opinion wisely and contextually.
Copyright (c) 2025 Nasrul, Ronny Mahmuddin, Taufik Pelu https://creativecommons.org/licenses/by-nc-sa/4.0
Status Keabsahan Salat Berjemaah Bersama Imam yang Junub Perspektif Mazhab Syafii dan Mazhab Hambali
This research explores the legal validity of congregational prayer (ṣalāh al-jamā‘ah) when led by an imam who is in a state of major ritual impurity (junub), as understood within the Shafi‘i and Hanbali schools of thought. The topic holds significance due to a general lack of awareness among Muslims regarding the effects of an imam’s condition on the validity of communal prayer. Employing a qualitative methodology with a library-based research approach, the study draws upon foundational sources such as the Qur’an, authenticated prophetic traditions, and classical jurisprudential texts—namely al-Umm by Imam al-Shafi‘i and al-Mugnī by Ibn Qudāmah—as well as relevant secondary literature. The study finds that the Shafi‘i school asserts the invalidity of the prayer for both the imam and the followers if the imam is junub, regardless of whether the congregation is aware. On the other hand, the Hanbali school permits the validity of the followers’ prayer as long as their ignorance of the imam’s state remains until the prayer concludes, although the imam must repeat his own prayer. These differing interpretations reflect the diversity of scholarly reasoning (ijtihād) in Islamic jurisprudence and reinforce the essential role of ritual purity, especially for prayer leaders. This research enhances the understanding of purity in worship and broadens the public’s appreciation of divergent legal opinions within Islamic ritual law.
Copyright (c) 2025 Nurul Aulia, Rachmat Bin Badani Tempo, Nabilah Al Azizah https://creativecommons.org/licenses/by-nc-sa/4.0
Kehalalan Janin yang Mati dalam Perut Hewan yang disembelih Perspektif Mazhab Hanafi dan Mazhab Hambali
The background of this study arises from the fiqh (Islamic jurisprudence) legal issue concerning the status of consuming a fetus of an animal that dies within its mother’s womb after the slaughtering process. This issue often generates differing opinions among Muslim communities, particularly regarding the legality of consuming such a fetus according to Islamic law. This research focuses on a comparative analysis of the opinions of the Hanafi and Hambali schools of thought (madhhabs). The objective of this study is to analyze the views of these two madhhabs regarding the legal status of consuming an animal fetus in the context of the slaughtering of its mother, as well as to explore the methods of legal reasoning (istinbāṭ al-ḥukm) employed by each madhhab. This research adopts a qualitative approach with a normative-comparative method. Data are collected through library research by examining classical fiqh sources from the Hanafi and Hambali madhhabs, along with relevant contemporary fiqh references. The data are then analyzed using descriptive-analytical and comparative approaches. The findings of this study indicate that the Hanafi madhhab prohibits the consumption of a fetus that dies inside its mother’s womb, except when the fetus is found alive and then slaughtered in accordance with Islamic legal procedures. In contrast, the Hambali madhhab permits the consumption of such a fetus if the mother is lawfully slaughtered, referring to the ḥadīth which states, “The slaughtering of the mother suffices as the slaughtering of the fetus.” The implications of this study are expected to provide both academic and practical contributions to the enrichment of Islamic legal scholarship, and to serve as a reference for the Muslim community, fatwa institutions, and Islamic legal practitioners in addressing contemporary fiqh issues related to the consumption of animal fetuses.
Islamic Jurisprudence, Fetal Consumption Law, Comparative Legal Analysis.
Copyright (c) 2025 Agung Sutrisno, Akhmad Hanafi Dain Yunta, Afrianto https://creativecommons.org/licenses/by-nc-sa/4.0