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
Sekularisasi dan Rasionalisasi dalam Perspektif Pemikiran Islam: Implikasi terhadap Pendidikan Islam Modern
This study examines secularization and rationalization within Islamic thought and analyzes their implications for modern Islamic education. Using a qualitative library research method with a philosophical–conceptual approach, this research analyzes classical and contemporary Islamic scholarship through content and critical analysis. The findings demonstrate that secularization, when manifested as secularism, leads to the exclusion of revelation from educational epistemology and reinforces the dichotomy between religious and general sciences. In contrast, rationalization in Islamic thought is not inherently problematic, as reason is recognized as a legitimate epistemic tool when guided by revelation and tawḥīd. The study further reveals that the crisis of modern Islamic education does not stem from rationality itself, but from the adoption of secular epistemological frameworks that detach reason from transcendental values. As a result, education tends to prioritize technical competence and pragmatic outcomes while marginalizing moral and spiritual formation. This research proposes an integrative educational paradigm that harmonizes revelation, reason, and empirical reality as a solution to these challenges. The study contributes to Islamic education discourse by clarifying the conceptual boundaries between secularization and rationalization and offering a theoretical framework for reconstructing modern Islamic education without abandoning its spiritual foundations.
Secularization, Rationalization, Modern Education
Copyright (c) 2026 AL-MABSUTH: Jurnal Studi Islam dan Bahasa Arab
Suami Kecanduan Game Online Alasan Gugatan Khuluk Seorang Istri Perspektif Hukum Islam
This study aims to examine the perspective of Islamic law regarding online game addiction and whether such addiction can constitute a valid reason for a wife to file a khuluk (divorce initiated by the wife) petition. The research employs a qualitative approach using library research methods and a normative-philosophical framework. The findings indicate that, according to Islamic jurisprudence, the default ruling on playing online games is permissible (mubah), based on the principle that "all things are permissible unless there is evidence to prohibit them." However, this ruling can change to forbidden (haram) if the game contains prohibited elements such as gambling, pornography, or excessive violence. Furthermore, if playing online games is done excessively and uncontrollably, leading to addiction and neglect of religious, social, occupational, or familial responsibilities (such as providing sustenance and guidance), the ruling becomes haram. Online game addiction can also serve as a legitimate reason for a wife to request khuluk if it causes significant and prolonged harm (mafsadah) within the household, including emotional divorce, neglect of financial support, violence, or continuous conflict. The neglect of the wife’s rights due to the husband’s addiction reflects his inability to fulfill his obligations and can form the basis for a khuluk claim. This study is expected to contribute to the advancement of Islamic knowledge, particularly in the field of contemporary fiqh, and serve as a reference for researchers and Muslim students addressing issues related to khuluk petitions arising from online game addiction.
Addiction, Online Game, Lawsuit, Khuluk, Islamic Law
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
Hukum Pengambilan Harta Wasiat Dalam Kasus Ketidakcukupan Keluarga Menurut Fikih Mawaris
This study examines the legal provisions concerning the distribution or reduction of bequest assets (wasiyyah) in situations of family financial insufficiency through a library research method, utilizing classical fiqh texts as primary sources along with supporting secondary literature. The study employs a normative approach combined with content analysis to explore the views of Islamic scholars. The findings reveal that the distribution or reduction of bequest assets due to the heirs’ economic hardship is not justified according to Islamic law (sharī‘ah) after the testator’s death. In such circumstances, the execution of the bequest must be carried out fully according to Islamic legal provisions, as long as it does not exceed one-third of the total estate. The bequest cannot be canceled or reduced after the testator’s death solely on the grounds of the heirs’ poverty. The responsibility to safeguard the rights of vulnerable heirs lies with the testator during their lifetime before deciding on the bequest. This study is expected to enrich the body of knowledge in the field of Islamic inheritance law (fiqh al-mawārith), particularly regarding the implementation of bequests, and to serve as an academic reference in studies of Islamic law, inheritance, and bequests. Practically, this research can provide guidance for legal practitioners, sharia judges, and the general public in resolving inheritance and bequest disputes, especially in cases where heirs face economic hardship. Furthermore, this study aims to offer fairer and more beneficial solutions in inheritance distribution and serve as a valuable contribution to policy-making regarding the implementation of bequests and the protection of heirs’ rights in situations of economic difficulty, in line with the principles of justice and maqāṣid al-sharī‘ah.
Law, wills, family inheritance, Islamic inheritance laws, wills of will
Tindakan Kekerasan Melukai Orang hingga Buta Disebabkan Mengintip (Studi Komparasi Mazhab Maliki dan Mazhab Syafii)
Peeking as a form of privacy violation often leads to serious conflict in societies that uphold the value of personal dignity. This study aims to examine the similarities and differences, as well as to analyze the perspectives of the Mālikī and Shāfiʿī schools regarding acts of violence resulting in blindness caused by peeking. The research employs a qualitative methodology with normative and comparative approaches, referring to primary sources of Islamic law (the Qur’an and Hadith) along with classical and contemporary literature. The findings indicate that the Mālikī school deems such action unlawful except through formal legal channels, whereas the Shāfiʿī school permits self-defense—even if it results in severe injury such as blindness—without liability for blood money (diyah). While both schools agree on rejecting the act of peeking and support the protection of personal honor, they differ in their interpretation and limitations concerning self-defense. This study is expected to broaden the discourse on contemporary Islamic criminal jurisprudence and serve as a reference in formulating a balanced Islamic legal approach to addressing privacy violations.
Islamic Violence Law, Fiqh Jināyah, Peeping (Tajassus), Shāfi‘ī and Malikī Schools, Self-Defense in Islam
Hukum Meninggalkan Salat Jumat Karena Tugas Keamanan Perspektif Kaidah (Al-Ḥājah Tunazzal Manzilah Al-Ḍarūrah Āmmah Kanat Au Khāṣṣah)
This study examines the Islamic legal ruling on abandoning Friday prayers due to security duties through the lens of the fiqh maxim al-ḥājah tunazzal manzilah al-ḍarūrah, which equates pressing needs with emergency situations. Using a descriptive qualitative method with normative juridical and conceptual approaches, this research analyzes the legitimacy of security obligations as valid excuses (ʿudhr sharʿī) for missing Friday prayers. The findings reveal that, according to traditional Islamic schools of law and contemporary fatwas, security tasks categorized as ḥājah ʿāmmah (public necessity) justify legal concessions, including substituting Friday prayers with the Dhuhr prayer. This aligns with the objectives of Islamic law (maqāṣid al-sharīʿah), particularly in preserving religion and public safety. The study aims to provide legal clarity for security personnel such as police, military, and guards, allowing them to perform their duties without religious guilt. It also demonstrates the dynamic application of Islamic legal principles in addressing contemporary societal challenges.
Friday Prayer, Security, Fiqh Maxims, Necessity, Emergency.
Analisis Fatwa Majelis Ulama Indonesia (MUI) Nomor 11/Ijtima’Ulama/VIII/2024 Tentang Hukum Pelaksanaan Mabit di Muzdalifah dengan Cara Murūr Perspektif Maqāṣid al-Syarī’ah
Mabit in Muzdalifah is one of the obligatory rituals of Hajj, which is often challenged by the overcrowding of pilgrims. The Fatwa Commission of the Indonesian Ulema Council has issued a ruling allowing mabit to be performed using the murūr method. This study aims to analyze the MUI fatwa in alignment with classical Islamic jurisprudence and its relevance to the principles of maqāṣid al-syarī’ah, as well as to assess the extent to which maqāṣid al-syarī’ah is employed in the formulation of the MUI’s fatwas. This research is qualitative and descriptive in nature, based on library research, and uses normative, conceptual, and linguistic approaches for data analysis. The findings of this research show that. First, MUI Fatwa aligns with classical fiqh, particularly the Shafi‘i and Hanbali schools of thought, which permit pilgrims to leave Muzdalifah after midnight. Second, while the MUI Fatwa Commission does not explicitly use maqāṣid al-syarī’ah as the foundation for legal reasoning, the principles of maqāṣid al-syarī’ah are implicitly present in the formulation of MUI fatwas. Third, the MUI’s fatwa permitting the murūr method is highly relevant to the five primary objectives of maqāṣid al-syarī’ah, especially the protection of life (ḥifẓ al-nafs), as this method can reduce extreme overcrowding in Muzdalifah, which could endanger the safety of pilgrims. This research suggests that Hajj organizers should facilitate the mabit in Muzdalifah as a murūr (passing through) for the elderly, following the official MUI fatwa.
Fatwa MUI, Muzdalifah, Mabit, Murūr, Maqāṣid.
Pernikahan Secara Virtual Reality Perspektif Hukum Islam dan Undang-Undang Nomor 1 Tahun 1974
This study aims to analyze the normative relationship between Islamic law and Law Number 1 of 1974 concerning marriages conducted through virtual reality. Using a qualitative method with legislative, normative, and descriptive-analytical approaches, the research finds that virtual reality marriages can be considered valid because the essential pillars and conditions of the marriage process—such as clear identification, dowry transferred electronically, the presence of the guardian (wali), witnesses, and officiant (penghulu), the ijab and kabul conducted in one assembly and continuous session, and the guardian’s approval—have been fulfilled, provided certain conditions are met. Additionally, the administrative requirements stipulated in Law Number 1 of 1974 and Ministry of Religious Affairs Regulation Number 22 of 2024 on Marriage Registration, specifically Articles 11(3), 12(5), and 12(6), must also be satisfied. Technological advances, including the implementation of end-to-end encryption in VR, ensure the security of participants’ identities. This study contributes to encouraging the formulation of new fatwas in marriage jurisprudence as a normative foundation for developing regulations related to marriage ceremonies under critical conditions. Furthermore, it plays a role in educating the public to be more prudent and cautious when conducting marriages via virtual reality.
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
Meluruskan dan Merapatkan Saf dalam Salat (Studi Komparasi Mazhab Syafii dan Mazhab Hambali)
The arrangement of rows (saf) in prayer is an important aspect of congregational prayer in Islam. This study aims to analyze the perspectives, differences, and similarities in the practice of straightening and closing the rows in prayer according to the Shafi'i and Hambali schools of thought, as well as the implications of these differing views for the Muslim community. The researcher uses a qualitative descriptive method through library research, focusing on the study of classical texts and manuscripts, employing a normative and comparative approach.The findings indicate that the Shafi'i school considers straightening the rows to be a recommended (sunah) act, but allows flexibility in situations where perfect alignment is difficult—such as limited space—while still encouraging the congregation to close the rows as much as possible. In contrast, the Hambali school takes a stricter stance, emphasizing that any gaps in the rows are considered deficiencies, and the congregation must stand closely together.These differences have practical implications in the community, especially concerning mutual tolerance among congregants and the importance of fiqh (Islamic jurisprudence) education. Understanding the differences between schools of thought is not only a legal issue but also contributes to the quality of congregational prayer and social harmony. This study is expected to enhance understanding of Islamic perspectives particularly those of the Shafi'i and Hambali schools on the importance of straightening and closing the rows in prayer.
Rows, Prayer, Congregational, Shafi’i, Hambali
Implementasi Kaidah Fikih al-Ḍarūrah Tuqaddaru Biqadrihā dalam Mengkonsumsi Obat Penenang untuk Penderita Gangguan Mental
This study examines the increasingly complex issue of mental disorders, particularly panic disorder and generalized anxiety disorder, alongside the rising use of sedatives, especially psychotropic drugs such as alprazolam and diazepam. According to Islamic law, emergency (ḍarūrah) conditions may justify the use of substances that are normally prohibited, including intoxicants. This research aims to identify the categories of panic disorder and GAD that qualify as emergency conditions and to analyze the permissible boundaries for consuming alprazolam and diazepam among patients with severe or very severe panic disorder and GAD, based on the Islamic legal maxim al-Ḍarūrah tuqaddaru biqadrihā (necessity is assessed according to its degree). This qualitative research uses a normative-descriptive approach and library research, drawing from classical and contemporary Islamic legal texts, psychiatric and medical references, scientific articles on anxiety disorders, and pharmacological studies on alprazolam and diazepam. The analysis combines the results of clinical assessments using instruments such as the PDSS and GAD-7 with Islamic jurisprudential principles related to emergency. The findings indicate that the use of these medications is permissible only when the patient is in a verified state of medical emergency, no effective halal alternative is available, the drugs are administered in limited doses and duration (no more than 12 weeks), and treatment is under strict medical supervision. This study contributes to the development of Islamic legal perspectives in mental health and provides guidance for healthcare professionals, scholars, and the Muslim community in understanding the lawful limits of psychotropic drug use.
Al-Ḍarūrah Tuqaddaru Biqadrihā, Islamic Legal Maxim, Mental Disorders, Sedatives, State of Emergency
Implementasi Kaidah Mā Ubīḥa li al-Ḍarūrati Yuqaddaru bi Qadrihā Pada Masalah Melihat Aurat Sesama Wanita
This study examines the application of the fiqh maxim mā ubīḥa li al-ḍarūrati yuqaddaru bi qadrihā (“that which is permitted due to necessity is limited to the extent of the necessity”) in the context of exposing the ‘awrah among women. The maxim underscores that prohibitions may be relaxed under conditions of necessity, yet such concessions must remain strictly confined to genuine needs. The purpose of this research is to identify the boundaries of ‘awrah between women and to analyze the implementation of the maxim in contemporary social phenomena involving the exposure of women’s ‘awrah. Employing a qualitative descriptive method with normative and comparative approaches, the study draws on primary and secondary sources through library research. The findings reveal scholarly differences concerning the limits of ‘awrah among women, both Muslim and non-Muslim, with emphasis on caution and protection from potential fitnah. The application of the maxim to modern practices such as spa treatments, massages, and body scrubs shows that these do not qualify as emergencies, as they are unrelated to life-threatening circumstances. Based on the six established conditions of necessity, the exposure of ‘awrah in these services does not fulfill the criteria, given the absence of grave danger, the availability of safe alternatives, and the tendency toward excess. Therefore, such practices are deemed impermissible in Islamic jurisprudence. This study contributes to the understanding of fiqh maxims by clarifying their relevance in addressing contemporary issues while reinforcing the importance of adhering to shar‘i limits.
Meninggalkan Salat dengan Sengaja sebagai Penghalang Hak Waris Menurut Mazhab Hanbali
The discourse on inheritance in Islamic law is not only related to lineage but also influenced by the religious status of the deceased and heirs. A key issue is whether deliberately abandoning prayer (ṣalāh) constitutes a barrier to inheritance. This study is based on the Hanbali school’s established view that one who abandons prayer, whether out of denial or negligence renders a person an apostate (murtad). The article aims to analyze the legal status of individuals who intentionally neglect prayer and its implications for inheritance rights under Hanbali jurisprudence. This qualitative research uses a normative and conceptual approach through literature review. Data were examined from the Qur’an, hadith, and classical Hanbali texts. Findings show that the Hanbali school regards prayer as a core marker of Islamic identity. A person who deliberately abandons it is deemed an apostate, thus disqualified from inheriting from or bequeathing to Muslims. Their estate is transferred to the Bayt al-Māl as fai’ property. However, the enforcement of such a ruling falls under the jurisdiction of the judge, not individual members of society. The study concludes that, from the Hanbali perspective, abandoning prayer has serious legal effects on one’s religious status and civil rights, particularly in inheritance.
Deliberate omission of prayer, Apostate, Inheritance, Hanbali Mazhab.
Batasan Hukum Penggunaan Suara Wanita dalam Siaran Radio Islam Studi Komparatif Mazhab Hanafi dan Mazhab Maliki
This research is based on the increasing participation of women in da'wah activities through modern media, especially radio, which must still comply with the provisions of Islamic law. The purpose of this research is to find out the legal limitations of using women's voices in Islamic radio broadcasts through a comparative study between the Maliki Mazhab and the Hanafi Mazhab. This research uses a descriptive qualitative method based on library research with a normative and comparative approach through examining the main books of the two madhhabs. The findings show that both madhhabs agree that a woman's voice is not aurat absolutely, but it must still be guarded from elements that can cause fitnah. The Maliki school tends to be more flexible in allowing women's voices for shar'ī purposes in public spaces, while the Hanafi school is more cautious and limits its use except in urgent conditions. This study concludes that the use of women's voices in Islamic radio broadcasts is permissible as long as they maintain adab, shari'ī purposes, and avoid tabarruj elements. The contribution of this research lies in strengthening contemporary Islamic media studies and providing guidance for broadcasting practitioners in implementing fiqh-based policies.
Women,Broadcasting,Camparison,Maliki, Hanafi
Studi Komparasi Pandangan Mazhab Syafii dan Hanbali terhadap Hukum Mengusap Wajah Setelah Berdoa
This study examines the ruling on wiping the face after supplication (du‘āʾ) from the perspectives of the Shafi‘i and Hanbali madhhabs. The practice is widely observed among Muslims, yet its legitimacy remains debated. The aim of this research is to analyze the opinions of both schools, the methods of istinbāṭ they employ, and to compare their approaches regarding its legal status.The study adopts a qualitative descriptive method through a normative-comparative approach based on library research. The findings show that the Shafi‘i madhhab permits, and even recommends, wiping the face after du‘āʾ as part of proper etiquette. This opinion relies on weak hadiths which, when combined, are elevated to the status of ḥasan li-ghayrih. Conversely, the Hanbali madhhab maintains that wiping the face is not prescribed, given the absence of sound hadiths that can serve as a reliable legal foundation.Both madhhabs refer to reports from Ibn ‘Abbās and ‘Umar, but they differ in their evaluation: the Shafi‘i school allows weak hadiths supported by multiple chains, while the Hanbali school rejects them as a basis for legislation.This research highlights the methodological differences between the two madhhabs, providing deeper insight into the diversity of legal opinions in Islamic jurisprudence and encouraging tolerance in addressing variations in worship practices among Muslims..
Comparative of Schools of Thought, Wiping The Face, Prayer
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
Analisis Keabsahan Wasiat Kesaksian Fasik Perspektif Mazhab Hanafi dan Mazhab Syafii
Wasiat is an important instrument in Islamic law related to the transfer of property after death. Problems arise when the witnesses presented are ungodly. This article aims to examine the validity of wills witnessed by ungodly people according to the views of the Hanafi and Syafii madhhabs, explain the legal istinbat method used by each madhhab, and analyze the points of difference between the two within the framework of Islamic law. This research is qualitative with a library research method and normative and fiqh approaches, to trace the legal arguments of the two madhhabs. The results show that: (1) The Hanafi school rejects the testimony of the wicked, but provides exceptions in emergency conditions, such as when there are no fair witnesses available, for example in cases of death in remote places. (2) The Shafi'i school of thought rejects the testimony of the wicked absolutely because it is considered not to meet the requirements of 'adālah, so that its testimony in the case of a will is considered invalid. (3) The Hanafi school uses a rational and contextual approach through istihsan and maslahat, making it more flexible in certain situations. In contrast, the Shafii school relies on a textual approach and emphasizes that 'adālah is an absolute requirement for testimony. This comparison shows that there is a fundamental difference in their legal approach to unlawful testimony in wills, which reflects their different views on social reality and the principles of justice in Islam.
Validity, Will, Testimony of the Fasik, Hanafi, Syafii
Analisis terhadap Potongan Rambut Wanita Perspektif Mazhab Maliki
This study analyzes the status of women's haircuts from the perspective of Islamic jurisprudence, focusing on the views of the Maliki school of thought. It is against the law to use women's hair that has been cut off, whether for medical or cosmetic reasons. This brings up legal questions about the standing of such hair in terms of humility and respect for Allah's creation. The main goal of this study is to look closely at Islamic law when it comes to women's haircuts and the Maliki school of thought. This study uses a qualitative method that includes library research, normative and descriptive methods, and text analysis on both old and new sources. For the purposes of this study, aurat refers to parts of the body that must be hidden and not shown to anyone other than the mahram. What the Mālikī school of thought doesn't agree with is that hair that has been cut off from the body is no longer aurat. Even so, hair should still be treated with care because it is Allah's creation. One way to do this is to bury it. The Maliki school of thought comes from the general rules of Islamic law, which say that the aurat should be protected. These rules come from the Qur'an, the hadith of the Prophet Muhammad, al-MaṣaliᲥ al-Mursalah, the practices of the people of Medina, and al-Istihsān. Abstrak
cut, women’s Hair, Perspective, mazhab, maliki