AL-MUNTAQA: Jurnal Studi Islam dan Bahasa Arab
AL-MUNTAQA: Jurnal Studi Islam dan Bahasa Arab merupakan jurnal akademik yang dikelola dan diterbitkan oleh Pusat Penelitian dan Pengabdian Masyarakat (P3M), Institut Agama Islam STIBA Makassar, Indonesia. Jurnal ini hadir sebagai sarana publikasi ilmiah bagi para akademisi, peneliti, dan praktisi yang memiliki perhatian pada kajian-kajian keislaman dan kebahasaan. AL-MUNTAQA terbit sebanyak 6 edisi dalam setahun, yaitu pada bulan January, March, May, July, September, and November. Ruang lingkup kajian dalam AL-MUNTAQA: Jurnal Studi Islam dan Bahasa Arab mencakup berbagai bidang ilmu dalam studi Islam seperti tafsir, hadis, fikih, usul fikih, akidah, dakwah, sejarah Islam, pemikiran Islam, serta kajian bahasa Arab meliputi linguistik Arab, pembelajaran bahasa Arab, dan penerjemahan. Naskah dapat ditulis dalam bahasa Indonesia, Inggris, maupun Arab. Sebagai bentuk komitmen terhadap kualitas publikasi ilmiah, AL-MUNTAQA: Jurnal Studi Islam dan Bahasa Arab telah menjadi anggota CrossRef. Oleh karena itu, seluruh artikel yang diterbitkan akan memiliki Digital Object Identifier (DOI) sebagai identifikasi unik dan permanen.
Institut Agama Islam STIBA Makassar, Indonesia
Perusakan Barang Razia sebagai Efek Jera Perspektif Hukum Islam dan Maqāṣid al-Syarī’ah (Studi Kasus Pondok Pesantren At-Tauhid Kab. Sidrap)
The At-Tauhid Islamic boarding school in Sidrap Regency, implements a policy of destroying confiscated items, particularly gadgets, as a form of punishment aimed at deterring students. This study aims to examine the practice of destroying confiscated items at the At-Tauhid Islamic boarding school and analyze it from the perspective of Islamic law and Maqāṣid al-Syarī’ah. This is a qualitative research with a normative approach, Maqāṣid al-Syarī’ah, and case study. Data collection was conducted through interviews, documentation, and supported by Islamic literature. Data were analyzed using a deductive-inductive method by collecting and drawing conclusions based on these three approaches. The research findings indicate that the practice of destroying property is carried out based on an agreement between the pesantren and the parents of the students. From a fiqh perspective, this action is fundamentally prohibited unless it has a valid sharia basis. Meanwhile, from the perspective of maqāṣid al-Syarī’ah, this action can be justified as a form of sadd al-Żarī’ah to protect the religion, intellect, and morals of the students, as long as the principles of justice and benefit are upheld. This study provides an important contribution to understanding education policies based on Islamic law and maqāṣid al-Syarī’ah.
destruction of confiscated items, islamic law, maqāṣid al-syarī’ah
Copyright (c) 2025 Namira Putri Tanisha, Andi Dahmayanti, Andi Indra Puteri https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah al-Karāhatu Tuzālu bi al-Hājah dalam Masalah Menyeka Air Wudu
This research is motivated by the differences of opinion among Islamic scholars regarding the ruling on wiping ablution water and the numerous contemporary situations that require flexibility in Islamic law. The purpose of this study is to examine the scholars' perspectives on the ruling of wiping ablution water and to analyze the implementation of the principle al-Karāhatu Tuzālu bi al-Ḥājah (Prohibition is Removed by Necessity) in addressing this issue. This research employs a library research methodology with a normative juridical approach, focusing on literature review through sources such as the Qur'an, Hadith, Islamic jurisprudence books, and other scholarly literature. The research results demonstrate that Islamic jurists have varying perspectives on the juridical status of removing ablution water from the body, with opinions spanning from discouraged (makruh) to permissible (mubah) or even recommended practic. Furthermore, the implementation of the principle al-Karāhatu Tuzālu bi al-Ḥājah in the matter of wiping ablution water demonstrates that under certain circumstances, actions that are ruled as makruh can transform into mubah (permissible) when there exists a legitimate need according to Islamic law. The principle al-Karāhatu Tuzālu bi al-Ḥājah reflects the flexibility of Islamic law in addressing the practical needs of the Muslim community while maintaining adherence to the fundamental principles of Sharia. The implications of this research highlight the importance of understanding Islamic jurisprudential principles in addressing contemporary issues and preserving the relevance of Islamic law in modern life.
al-Karāhatu Tuzālu bi al-Hājah , dried, wather, wudu
Copyright (c) 2025 Fajar Ma’arif Muhiddin`, Rachmat bin Badani Tempo, Afrianto Afrianto https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Hukum Islam Terhadap Perbedaan Manhaj Sebagai Alasan Perceraian
Differences in manhaj (methodological approaches) within Islam often become a source of conflict in marital life. These differences can have a serious impact on the continuity of a marriage if they lead to prolonged disputes. This study aims to examine: (1) the concept of manhaj in Islam and its implications for family life, and (2) an analysis of Islamic law regarding differences in manhaj as grounds for divorce. This research is descriptive qualitative in nature (non-statistical) using a normative approach. Data was obtained through library research. The findings of this study indicate: (1) Manhaj in Islam covers three aspects: the aspect of worship, child education, and social life; (2) the analysis of differences in manhaj within the household as a reason for divorce is based on three Islamic legal perspectives: the analysis based on maqāṣid al-sharī‘ah (objectives of Islamic law), maṣlaḥah and maḍarrah (benefit and harm), and sadd al-dharī‘ah (blocking the means to harm). The implication of this research is to help understand the impact of manhaj differences on family life and to provide insights for married couples in preventing divorce. This study is expected to contribute to the development of Islamic knowledge, particularly regarding the issue of manhaj differences in household life, and be useful for the advancement of studies related to Islamic jurisprudence.
Copyright (c) 2025 Lutfia Lutfia, Sartini La Mbadjo, Nur Afni A. https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan terhadap Keputusan Mahkamah Konstitusi Nomor 90/PUU-XXI-2023 Tentang Syarat Kriteria Pemimpin Negara dan Relevansinya terhadap Pandangan al-Māwardī
A public controversy has arisen following Constitutional Court Decision Number 90/PUU-XXI/2023, which is perceived to open the door for political interests in determining presidential and vice-presidential nominations, particularly regarding the minimum age requirement. This study aims to compare the leadership criteria in the decision with the theory of political leadership according to Imam al-Māwardī. The method used is a normative juridical approach with qualitative analysis of the Court's decision and classical Islamic literature. The results of the study show that although the Constitutional Court's decision is final and binding, moral and ethical aspects, as emphasized by al-Māwardī, still need to be considered. According to Imam al-Māwardī's perspective, a young individual is allowed to become the leader of a nation as long as they meet the established conditions, such as possessing noble character, intelligence, justice, broad knowledge, and maturity in carrying out the responsibilities of leadership. Meanwhile, the Constitutional Court sets the minimum age at 40 years, or currently holding a position through a general election, including regional heads. In the context of political ethics, these findings affirm that leadership criteria should not be determined solely based on positive law, but must also consider the morality and character of the leader. Integration of positive law with classical Islamic ethical values is necessary to strengthen the quality of democracy and uphold the dignity of national leadership in Indonesia.
Constitutional court, Imam al Mawardi, Terms of state leader criteria.
Copyright (c) 2025 Rendy Shaputra, Rahmat Rahmat, Alif Jumai Rajab https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Perbandingan Istidlal Syāfi‘iyyah dan Mālikiyyah tentang Hukum Memakan Hewan yang Hidup di Dua Alam
This study aims to examine the views, methods, and differences between the Shāfiʿī and Mālikī schools regarding the legal ruling on consuming animals that live in both land and water. The research uses a qualitative-descriptive method with a comparative analysis approach and a literature review of classical sources from both schools. The findings show that the Shāfiʿī school holds that animals living in both environments are prohibited (ḥarām) to consume. This view is based on the principle that the default ruling on animal meat is prohibition unless there is evidence that permits it. It is also supported by biological and legal reasons, such as the animals’ inability to be ritually slaughtered in accordance with Islamic law, their classification as khabāʾith (repulsive), and legal maxims adopted in the school. The Mālikī school, on the other hand, permits the consumption of amphibious animals as long as their primary habitat is the sea and there is no definitive evidence prohibiting them. This view is based on the general Qur'anic allowance of sea animals, consideration of maṣlaḥah (public interest), customary practices (ʿurf), as well as medical and empirical assessments of the benefits or harms of the animals. The difference in opinion between the two schools stems from their respective methods of legal reasoning: the Shāfiʿī school emphasizes a textual approach and a principle of caution to preserve legal purity, while the Mālikī school applies a more contextual approach that takes public interest into account. The implications of these findings include increasing public understanding of legal rulings, contributing to the development of comparative fiqh studies, and serving as a reference for fatwa institutions in responding to biological and social dynamics.
Two realms, Shāfi’ī School, Mālikī School, Legal Reasoning
Copyright (c) 2025 Nurul Ilmi, Ahmad Syaripudin, Rachmat Bin Badani Tempo https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah al-Ḍarar al-Asyad Yuzāl Bi al-Ḍarar al-Akhaf dalam Tindakan Histerektomi pada Pasien Kanker Serviks
This study aims to examine the medical and psychological impacts of hysterectomy on patients with cervical cancer, as well as to analyze the implementation of the Islamic legal maxim al-Ḍarar al-Asyad Yuzāl bi al-Ḍarar al-Akhaf (a greater harm is eliminated by bearing a lesser harm) in relation to this procedure. This research is a qualitative library study employing a normative-phenomenological approach. Data were collected through a literature review of relevant sources, including the Qur’an, Hadith, Islamic jurisprudence literature, scientific articles, and medical journals. The analytical method used is deductive reasoning, drawing conclusions from general principles of Islamic jurisprudence to a specific case, namely hysterectomy. The results indicate that performing a hysterectomy on patients with advanced-stage cervical cancer can be justified under Islamic law based on the aforementioned maxim, as the procedure aims to prevent a greater harm—namely, the spread of life-threatening cancer. Thus, this legal maxim provides a jurisprudential legitimacy for emergency medical actions, as long as they remain within the framework of Islamic legal principles
Hysterectomi, Cervival Cancer, al-Ḍarar Al-Akhaf.
Copyright (c) 2025 Wa Ode Mirnawati, Hijrayanti Sari, Ainil Maqsurah https://creativecommons.org/licenses/by-nc-sa/4.0
Hak Perempuan Dalam Perkawinan Perspektif Mazhab Syafii Dan Hambali Serta Relevansinya Dalam Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan
Marriage is a fundamental institution in Islam that regulates the rights and responsibilities between husband and wife in a balanced manner. One of the critical aspects in Islamic family law studies is the fulfillment and protection of women’s rights within marriage. This research aims to explore the perspectives of the Syafii and Hanbali schools of thought regarding women’s rights in marriage and to analyze their relevance to Law No. 1 of 1974 on Marriage in Indonesia. The study focuses on various aspects such as the right to receive a dowry (mahr), financial support (nafaqah), participation in the marriage contract, the right to divorce (khulu’ and fasakh), and property ownership. This komparative research applies a library research method using classical Islamic jurisprudence texts and national legal references. The findings indicate that although there are technical differences between the two schools, both acknowledge and uphold women’s rights in marriage. The relevance to Law No. 1 of 1974 is reflected in the legal recognition of mutual consent between spouses, the wife’s right to file for divorce, and economic protections for women. Therefore, this comparative approach contributes to the reformulation of Islamic family law in Indonesia towards a more just, responsive, and contextual legal system.
Women’s rights, marriage, perspective, Syafii, Hambali.
Copyright (c) 2025 Fahira Muchlis, Kurnaemi Anita, Riska Riska https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Fikih Ibadah terhadap Hukum Salat Berjamaah dalam Ruang Virtual pada Aplikasi Metaverse
This study aims to examine the law of congregational prayer in virtual space on metaverse applications. This study uses library research. The data sources consist of the Qur'an, hadith, books, scientific articles, journals, and the views of scholars from the four main schools of thought in Islam. The results of the study indicate that congregational prayer in a virtual space on a metaverse application is not valid, based on an analysis of four criteria: physical presence, intention to follow the imam (iqtida'), consistency of movements, and the position of the imam. It was found that only one of the four conditions is met in virtual prayer practice, namely the intention to follow the imam. Meanwhile, physical presence, the imam's position, and the consistency of movements cannot be realised. This research contributes to the field of contemporary Islamic jurisprudence, particularly in the areas of worship jurisprudence and modern fatwas, by expanding the discourse on the adaptation of Islamic law to digital technological developments. Additionally, the findings of this research can serve as an important reference for fatwa institutions, academics, and Muslim communities in understanding the boundaries and permissibility of virtual congregational prayer practices in the contemporary context.
Congregational prayer, virtual space, metaverse
Copyright (c) 2025 Muh Wahyu Haris, Muhammad Shiddiq Abdillah, Arfan https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah Maṣlaḥah Mursalah terhadap Penyesuaian Utang Pasca-Hiperinflasi
The hyperinflation crisis caused an imbalance between the real and nominal values of debt, which raised issues of fairness in Islamic financial transactions. This study aims to examine the validity of maṣlaḥah mursalah as the basis for establishing contemporary Islamic law, as well as how the validity of implementing the maṣlaḥah mursalah principle affects post-hyperinflation debt adjustments. The method used is a normative approach through literature review and empirical observation, with descriptive-qualitative analysis. The results of the study indicate that maṣlaḥah mursalah can be used as evidence in determining contemporary Islamic law. However, it cannot be justified for post-hyperinflation debt adjustments, as it has the potential to violate the basic principles of debt contracts, which are tabarru’, and is contrary to the nas. In practice, it is only justified by establishing a reference value clause from the outset, meaning that if gold is given at the time of borrowing, then gold must also be used at the time of repayment, even if the price at the time of repayment differs from that at the time of borrowing. This research finding reinforces Allah's words in the Qur'an and Hadith regarding the prohibition of usury practices that involve clear injustice and destruction to the economy of the ummah.
Hyperinflation, maṣlaḥah mursalah, debt adjustment, fiqh muʿāmalah
Copyright (c) 2025 Muh.Alwi, Khaerul Aqbar, Muhamad Saddam Nurdin https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah al-Jawāz al-Syar’ī Yunāfi al-Ḍamān terhadap Ganti Rugi Barang Haram
This study discusses the application of the fiqh rule al-jawāz al-syar‘ī yunāfī al-ḍamān, which states that actions permitted by sharia do not give rise to liability for damages, particularly in the context of damage to haram goods. This principle is relevant in examining the law of compensation (ḍamān) for items that have no valid value according to Islamic law, such as alcohol, pork, carcasses, and blood. This study aims to examine the views of scholars on the act of damaging another person's property and to analyse the implementation of the fiqh principle of al-jawāz al-syar‘ī yunāfi al-ḍamān in cases of compensation for haram items. This is a qualitative-descriptive study using a literature review method, which is then analysed through a normative approach. The analysis results indicate that compensation is mandatory for damage to property recognised by sharia (māl mutaqawwam), and haram items themselves are not categorised as māl mutaqawwam, so they do not incur compensation liability if damaged, except according to some schools of thought if the items belong to non-Muslim żimmī. This research contributes to enriching the body of Islamic law, particularly in the fields of muamalah jurisprudence and ḍamān jurisprudence, and provides a conceptual perspective on the limitations of applying this principle in the context of modern positive law.
Compensation, Prohibited Goods, Muslims, Polytheists
Copyright (c) 2025 Asma Ul Husna Haris, Kurnaemi Anita, Muttazimah https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Hukum Pemanfaatan Bangkai Binatang (Studi Komparasi Mazhab Syafi’i dan Mazhab Hanbali)
This study aims to analyse the basis of arguments and compare the views of the Shafi'i and Hanbali schools of thought regarding the utilisation of animal carcasses. This is a library research study using normative and comparative approaches. The data used is qualitative data. Data analysis was conducted using a descriptive qualitative approach to gain a deeper understanding of the analysed data in order to make decisions based on the information provided and draw conclusions about the issues at hand. The results of this scientific study indicate that there are differences in opinion between the Shafi'i and Hanbali schools of thought regarding the law on the utilisation of animal carcasses. The Shafi'i school permits the use of carcass skin after tanning because tanning is considered to eliminate its impurity. The Hanbali school, however, holds that the use of carcasses remains absolutely prohibited, including their skin, even after tanning. The conclusion of this study is that the difference in legal rulings stems from differing interpretations and prioritisation of hadith narrations that appear contradictory. This scientific study makes an important contribution to the development of Islamic legal studies, particularly in the field of fiqh, and provides comprehensive guidance to Muslims who follow one of these two schools
Comparative, School of Thought, Utilisation, Carcass, Animal
Copyright (c) 2025 Indra Dwi Kurniawan Supriadi, Ronny Mahmuddin, Ariesman M https://creativecommons.org/licenses/by-nc-sa/4.0
Masbuk dalam Salat Perspektif Mazhab Maliki dan Hambali
This study aims to examine the opinions of the Maliki and Hambali schools of thought on salat makmum masbuk and their supporting arguments. This is a qualitative descriptive study using library research with a normative and comparative approach. The study shows that the Maliki school defines masbuk as a follower who did not have time to bow before the imam stood up, while the Hambali school defines masbuk as one who did not have time to catch up with the imam's bow, although both schools permit tumakninah even if not with the imam during the bow. In completing the missed rak'ah of prayer, the Maliki school separates the movement aspect (al-fi'lī: standing, bowing, prostrating) and the recitation aspect (al-qaulī: al-Fatihah, surah), making the rak'ah with the imam the beginning of prayer for movement and the end for recitation, so that the rak'ah is completed following this framework. Meanwhile, the Hanbali school places the missed rak'ah as the beginning of the prayer and the rak'ah performed with the imam as the end. This difference arises from different interpretations of the authentic hadith (Al-Bukhari, Al-Nasā'ī, Ahmad): the Maliki school uses the al-jam' method (ḥamlu kulli min al-naṣṣayn alā ḥālatin gayr ḥālah al-ṭānī) by linking the hadith of Al -Bukhārī for the movement aspect and Al-Nasā’ī for the recitation, while the Hambali school uses al-jam’ (al-ta’wīl al-ṣaḥīḥ) by interpreting all the evidence in the meaning of qadā’. This research fills an academic gap in comparative fiqh and provides practical guidance for Muslims.
Masbuk, Hambali School of Thought, Maliki School of Thought, Comparison of Islamic Law, Congregational Prayer
Copyright (c) 2025 Irgi, Rachmat Bin Badani Tempo, Muhammad Rezky Fauzy https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Istidlal Membatalkan Puasa Sunah Tanpa Uzur Perspektif Empat Mazhab
The differences between the four madhhabs in determining the law can create confusion among Muslims today. This study aims to find out the views of the four madhhabs regarding the law of canceling voluntary fasts without an excuse and to find out the istidlal analysis used by each of the four madhhabs in determining the law of canceling voluntary fasts without an excuse. This research was conducted through a library research method, by applying a normative approach and a descriptive-analytical approach. The results obtained from this research can be described as follows: First, the views of the four madhhabs regarding the law of canceling voluntary fasts without an excuse along with the analysis of istidlalnya, namely, the opinion of the Hanafi madhhab to make it up, the Maliki madhhab to make it up, the Shafii madhhab has no punishment for him and the Hambali madhhab has no punishment for him but if he makes it up then it is better. Secondly, the four madhhabs use the text, consensus, kias andṡar as a form of istidlal. The implication of this research is that completing the voluntary fast shows the sincerity of worship and canceling it without an excuse weakens consistency and spiritual value.
Istidal, Sunnah Fast, Without an Excuse, Four Mazhabs
Copyright (c) 2025 Rhafly Abdullah, Jahada Mangka, Awal Rifai https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Akad Muzāra’ah dalam Praktik Contract Farming
This study aims to determine the implementation of the values and principles of muzāra’ah contracts and whether they can be effectively applied in contract farming systems. Muzāra’ah is a cooperative agricultural contract between landowners and farmers based on a profit-sharing system, while contract farming is a formal written partnership between farmers and companies. This study uses a descriptive qualitative approach through literature review. The findings indicate that the values in the muzāra’ah contract, such as fairness, transparency, and shared responsibility, can be effectively applied in contract farming through a sharia-compliant cooperative agreement. Adjustments are made by treating agricultural produce as joint property to be sold first, with the net profits then distributed according to the agreement. This scheme enables fairer profit sharing and balanced risk sharing, and has the potential to address the weaknesses of conventional contract farming, which tends to disadvantage farmers. The researcher’s contribution in this study is to provide an alternative contract farming scheme that adapts the principles of the muzāra’ah contract, which is expected to serve as a consideration for parties involved in agricultural partnerships.
muzāra’ah contract, contract farming, Islamic commercial law, farmer partnership
Copyright (c) 2025 Nurul Khairah, Muhammad Shiddiq Abdillah, Santi Sarni https://creativecommons.org/licenses/by-nc-sa/4.0
حكم بول الهر في الفقه الإسلامي (دراسة مقارنة)
Understanding religion is considered one of the most important obligations upon a Muslim, as acts of worship cannot be properly performed without knowledge based on a correct understanding of the Islamic texts. One of the essential branches of Islamic jurisprudence is ṭahārah (purification), which has a direct impact on the validity of acts of worship, especially prayer. Among the issues that have been a subject of juristic disagreement is the ruling on cat urine. The majority of scholars from the four major schools of Islamic law (madhāhib) consider it impure (najis), whereas other jurists such as Imam al-Bukhārī, al-Shaʿbī, Ibn ʿUlayyah, Dāwūd al-Ẓāhirī, and others (including some narrations within the four schools) regard it as pure (ṭāhir). This research aims to clarify this disagreement among scholars by presenting their evidence and determining the more accurate ruling. The study adopts a descriptive method to present and analyze the juristic opinions, along with a comparative method to weigh the arguments. The findings indicate that the root of the disagreement lies in the different interpretations regarding the ruling on the urine of animals that are permissible or impermissible to eat. The majority hold that the urine of animals that are lawful to eat is pure—supported by numerous evidences—while that of animals not lawful to eat is impure, drawing on general texts and analogy with human urine. Conversely, the opposing view maintains that such urine is pure due to the absence of specific texts declaring it impure. Imam al-Bukhārī’s commentary on the hadith about the two graves had a significant influence in supporting his view. The study concludes by favoring the more accurate opinion based on a critical discussion of the evidence, aiming to dispel confusion around this issue and to clarify the soundest view.
cat urine, ṭahārah, juristic disagreement, islamic jurisprudence, comparative study
Copyright (c) 2025 Awanis Shamimi, Andi Indra Puteri, munawarah https://creativecommons.org/licenses/by-nc-sa/4.0
Studi Komparatif Tentang Kriteria Debu Tayamum Menurut Mazhab Maliki dan Mazhab Hambali
Tayammum is a form of ritual purification prescribed in Islamic law as a concession (rukhsah) when water is unavailable or its use is restricted. However, scholarly differences arise concerning the interpretation of the term ṣaʿīd mentioned in the context of tayammum, particularly between the Mālikī and Ḥanbalī schools. This library-based study employs normative and comparative approaches to examine the criteria for tayammum dust according to both madhhabs, the legal reasoning (istinbāṭ) they employ, and the practical implications in daily life. The study finds that the Mālikī madhhab adopts a more lenient interpretation, permitting the use of any pure substance originating from the earth's surface—such as stones or chalk—without requiring dust to adhere to the hands. In contrast, the Ḥanbalī madhhab maintains a stricter position, requiring fine, pure dust that clings to the hands. Both schools base their rulings on the Qur’an and Sunnah, but differ in interpreting the word ṣaʿīd: the Mālikīs understand it broadly as any earthly surface, while the Ḥanbalīs restrict it to dust-bearing surfaces with visible adherence. These differing interpretations lead to practical variations, where the Mālikī approach allows greater flexibility in tayammum practice, whereas the Ḥanbalī perspective imposes more stringent conditions. This study contributes to the academic field of Islamic jurisprudence by providing a comparative analysis that can serve as a foundation for further research.
Comparative Study, Criteria of Dust, Tayamum, Mazhab Maliki, Mazhab Hambali
Copyright (c) 2025 Nursakia, Sartini Lambajo, Sri Ujiana Putri https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Kaidah al-‘Ādatu Muḥakkamah terhadap Tradisi Khatam Al-Qur’an pada Masyarakat Mawasangka Kabupaten Buton Tengah, Sulawesi Tenggara
The tradition of khatam Al-Qur’an, practiced for generations by the Mawasangka community in Southeast Sulawesi, represents a local religious heritage rich in spiritual and social values. However, this practice raises questions from the perspective of Islamic law, particularly regarding its conformity with Sharia principles. This article aims to examine the implementation of this tradition through the lens of the Islamic legal maxim al-‘Ādatu Muḥakkamah, which asserts that custom (ʿurf) may serve as legal evidence (ḥujjah) as long as it does not contradict textual sources (naṣṣ). This study employs a qualitative method with normative and sociological approaches. Data were collected through field observation, in-depth interviews with religious leaders, event organizers, and local community members, as well as written and visual documentation. The data were analyzed descriptively and qualitatively by assessing the tradition’s compatibility with the criteria of ʿurf ṣaḥīḥ as explained by classical scholars within the framework of Islamic jurisprudence. The findings reveal that the Khatam Al-Qur’an tradition in Mawasangka falls under the category of ʿurf ṣaḥīḥ, as it does not contradict Islamic principles and, in fact, supports the objectives of Islamic law (maqāṣid al-sharī‘ah) in the areas of education, religious values, and preservation of Islamic identity. Nevertheless, technical aspects such as gender interaction (ikhtilaṭ) require better regulation to align with Islamic decorum. In conclusion, this tradition is legally valid in Islam and deserves preservation as a form of harmonization between local custom and legal principles. This study contributes to the discourse of contemporary Islamic law by reaffirming the relevance of legal maxims in addressing context-based religious practices.
khatam al-qur'an, tradition, al-‘ādatu muḥakkamah, mawasangka community
Copyright (c) 2025 Muhamad Ashry Mubaraq, Muhamad Saddam Nurdin, Rustam Efendi https://creativecommons.org/licenses/by-nc-sa/4.0
Penggunaan Teknologi CRISPR-Cas9 dalam Uji Coba Manusia Berdasarkan Tinjauan Kaidah Fikih al-Ḍarar Lā Yuzālu bi al-Ḍarar
CRISPR-Cas9 technology has opened a new horizon in the treatment of genetic disorders through precise and potentially curative gene editing. However, its application in humans raises significant ethical, legal, and spiritual dilemmas, particularly within the framework of Islamic law. This study aims to establish a normative framework for evaluating CRISPR-Cas9 interventions using Islamic legal maxims, focusing on the principle of al-Ḍarar lā yuzālu bi al-Ḍarar (harm may not be eliminated by introducing another harm). Using a qualitative-descriptive method based on library research with a normative approach, the study analyzes both classical and contemporary sources, including fiqh literature, international fatwas, global bioethics documents, and recent scientific publications on CRISPR. The findings suggest that the use of CRISPR-Cas9 in somatic gene editing may be permitted under Islamic law in cases of necessity (ḍarūrah), provided the harm is individual (ḍarar khāṣ), temporary, and performed under responsible medical supervision. In contrast, the use of CRISPR-Cas9 in germline editing, which is transgenerational and affects not only the individual but also future generations (ḍarar ʿāmm), permanent (mustamirr), and lacks sufficient scientific evidence or representative clinical trials, is deemed inappropriate for application. This study offers a model for classifying ḍarar based on scale, duration, and necessity, serving as an analytical tool for Islamic legal evaluation of contemporary bioethical issues. The main contribution of this study lies in strengthening fiqh methodology in responding to biotechnological dynamics by comprehensively integrating scientific reasoning, moral responsibility, and spiritual awareness.
crispr-cas9, somatic editing, germline editing, islamic bioethics, qawāʿid fiqhiyyah
Copyright (c) 2025 Azzah Nurul Ulya Kamaruddin, Fauziah Ramdani, Muttazimah https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Normatif dan Implementatif Tabungan Perumahan Rakyat (TAPERA) dalam Tinjauan Maqāṣid al-Syarī’ah
TAPERA is a government initiative in the form of a mandatory long-term savings program designed to support public access to adequate and affordable housing ownership. This study aims to analyze the normative alignment of TAPERA with the principles of maqāṣid al-Syarī‘ah, as well as its implementation issues in social reality that indicate a misalignment with the objectives of Islamic law. The research uses a qualitative descriptive method with a normative juridical approach, conducting a literature review on TAPERA regulations, classical and contemporary fiqh literature, and conceptual and philosophical analysis of maqāṣid al-Syarī‘ah. Content analysis and comparative-deductive methods are applied. The results show that, normatively, TAPERA reflects the values of ḥifẓ al-Dīn, ḥifẓ al-Nafs, ḥifẓ al-Nasl, and ḥifẓ al-Māl, and contains elements of maslahah ḍarūriyyah and maslahah ‘āmmah. However, implementation reveals issues inconsistent with the principles of ḥifẓ al-Māl, ḥifẓ al-Nafs, distributive justice, and fiqh al-Wāqi‘, causing mafsadah that weakens maslahah. These problems include heavy contribution burdens, weak accountability, limited protection for vulnerable groups, low public participation, access disparities, bureaucratic procedures, and untimely policy execution. Findings indicate that TAPERA has yet to fully embody the maqāṣid al-Syarī‘ah in a proportional and socially responsive manner. Moreover, maqāṣid al-Syarī‘ah serves not only as a normative ethical framework but also as an evaluative and transformative paradigm for just, beneficial, and inclusive public policy.
public policy, maqāṣid al-syarī‘ah, maslahah, tapera
Copyright (c) 2025 Ahmad Kamaruddin, Khaerul Aqbar, Muh. Ihsan Dahri https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Penggunaan Air Kemasan untuk Berwudu Perspektif Fikih Taharah
The purpose of this study is to evaluate the validity of packaged water as a pure water that can be used for wudu according to the teachings of fiqh taharah. (fiqh taharah). This research analyzes the factors that influence the status of packaged water as a purifying agent. The study employs a literature review methodology, analyzing the opinions of Islamic scholars and previous research related to purifying water and the processing of packaged water. The analysis is conducted by examining the opinions of Islamic scholars and packaged water quality standards.The findings indicate that packaged water can be used for ablution if it meets the requirements of being pure and purifying, and is free from contaminants that pose health risks. The quality of packaged water must be considered to ensure health safety and water purity. Therefore, Muslims need to be selective in choosing packaged water for ablution. The implication of this study is that Muslims must ensure that the packaged water used for ablution meets the requirements of being pure and not posing health risks. This study provides guidance for Muslims in choosing suitable packaged water for wudu and encourages manufacturers to enhance and maintain product quality, making them safer and more suitable for use in religious activities.
Bottled Water, Ablution, Fiqh of Purification, Water Quality, Health
Copyright (c) 2025 Nurlindah Amin, Rustam Koly, Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Pengembalian Barang Curian yang Berubah Sifatnya Perspektif Hukum Islam
This study examines the return of stolen goods that have undergone a change in nature (istihālah) from the perspective of Islamic law. In Islamic jurisprudence (fiqh), istihālah refers to a fundamental transformation of an object that affects its legal status. Scholars differ in their opinions on the obligation to return or compensate for stolen goods that have changed, focusing on the degree of transformation. This research employs a descriptive qualitative approach with a normative method, analyzing Islamic legal sources such as the Qur’an, Hadith, legal maxims (qawāʿid fiqhiyyah), and the opinions of scholars from the four major schools of thought. It is then analyzed comparatively by examining differences in the application of law across various times and contexts. The study is guided by the research questions: (1) What is the Islamic legal view regarding the return of stolen goods that have changed in nature? and (2) What are the legal consequences for a thief who returns stolen goods in Islamic criminal law? The findings show that the four schools of thought agree that the ḥadd punishment applies if the legal requirements are met, even when the stolen item has changed in form. The thief remains obligated to compensate the value of the item and may receive taʿzīr as a form of justice and deterrence. This reflects the flexibility of Islamic law in addressing complex cases of theft in the modern era. The study aims to enrich the body of literature in fiqh muʿāmalah and jināyāt, particularly regarding the legal framework for returning altered stolen property and the corresponding rights and responsibilities of ownership in Islamic law.
Islamic Criminal Law, Restitution of Stolen Property, Transformation
Copyright (c) 2025 Lathifah Ahadiyah, Hijrayanti Sari, Nabilah Al Azizah https://creativecommons.org/licenses/by-nc-sa/4.0
Penggunaan Dana Donasi yang Tidak Tepat Perspektif Fikih Muamalat
The collection of donation funds is increasingly widespread; however, their utilization is often not on target or in accordance with their designated purpose, despite donations being highly encouraged in Islam. This fact highlights the necessity for transparency, accountability, and strict oversight to maintain public trust. This research aims to understand the principles of Islamic law in the utilization of donation funds, and to examine the conformity of the improper use of donation funds with the principles of fiqh muamalat and its Islamic legal implications. Employing a qualitative methodology through library research with normative and fiqh approaches, this study indicates that the improper use of donation funds constitutes a breach of trust (khiyānah al-Amānah) and is categorized as a deviation in financial management (Taṣarruf gaīr masyrū`), with fiqh consequences including major sin and the obligation to return rights (rad al-Haqq) or provide compensation (ḍamān). Although there are strict exceptions for fund reallocation in extreme emergency conditions for public benefit, provided it is carried out by authorized bodies with transparent sharia justification, the implication of this research is the reaffirmation of the importance of trustworthiness (amanah), alignment with purpose, transparency, accountability, and the freedom of funds from forbidden elements as essential foundations for donation fund management. This is expected to serve as a guideline for sharia-compliant operations, providing broad benefits, and rebuilding public trust in donation-disbursing institutions.
Amanah, Donation Funds, Fiqh Muamalat, Fund Misuse, Islamic Legal Consequences
Copyright (c) 2025 Fahril Angga Saputra, Muhammad Nirwan Idris, Islahuddin Ramadhan Mubarak https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Konsekuensi Hukum Meninggalkan Puasa Ramadan tanpa Uzur (Studi Fatwa Syekh Abdul Aziz Bin Bāz)
Ramadan fasting is a mandatory act of worship and one of the five pillars of Islam, holding a central position in Islamic law. However, in the modern era, a growing number of Muslims are neglecting this obligation without legitimate shar’i excuses. This article examines the legal implications of such conduct by referring to the fatwa of Sheikh Abdul Azīz bin Bāz, a prominent scholar from Saudi Arabia. The purpose of this study is to analyze the legal status and religious consequences of intentionally abandoning the fast without valid justification. Employing a qualitative method through a library research approach, this study specifically explores the content of Majmū’ Fatāwā wa Muqālātun Mutanawwi’atuh, particularly volume 15, which contains the relevant fatwa. The findings show that Sheikh Abdul Azīz bin Bāz classifies violators into two categories: those who deny the obligation of fasting are deemed apostates (kāfir), while those who fail to fast due to laziness are still considered Muslims but are regarded as major sinners (fāsiq). The fatwa emphasizes the necessity of sincere repentance, making up the missed fasts (qada), and paying fidyah (compensation) if financially able. This study concludes that the fatwa remains highly relevant in contemporary Muslim society, as it provides firm yet educational legal guidance and serves as a safeguard against the spread of unverified religious information. The study implies that Sheikh Abdul Azīz bin Bāz fatwa serves as a reference for legal education and raises awareness among Muslims about the obligation of fasting in Ramadan.
Sheikh Abdul Aziz bin Baz, Fatwa, Legal Implications, Ramadan Fasting
Copyright (c) 2025 Alma Magfira Ramadhani, Riska, Nita Zikriani https://creativecommons.org/licenses/by-nc-sa/4.0
Kehujahan Hadis Daif Perspektif Ibnu Ḥajar al-‘Aṣqalānī Dalam Bulūgu al-Marām dan Aplikasinya pada Fikih Ibadah
This study aims to examine Ibn Ḥajar al-‘Aṣqalānī's view on the validity of daif traditions as contained in his work Bulūgu al-Marām, and explore its application in the context of the fiqh of worship. Ibn Ḥajar is known as a scholar of hadith who has a major contribution in compiling and evaluating hadith, including daif hadith. The type of research used is descriptive qualitative research with a library research method. This research uses qualitative data with a normative juridical approach method combined with a conceptual approach to strengthen the analysis. Data analysis is done conceptually. This study analyzes the criteria of daif hadith, specifically in the fiqh of worship. The results of this study indicate that Ibn Ḥajar al-‘Aṣqalānī does not absolutely reject the daif hadith, as long as it meets the conditions that have been put forward by Ibn Ḥajar al-‘Aṣqalānī, the daif is not too severe, has a general basis in the Shari'ah, and is not believed to be an evidence in creed and law in the qathi' Shari'ah. In Bulūgu al-Marām, several daif traditions were found to be included by Ibn Ḥajar al-‘Aṣqalānī to strengthen the ethical aspects and recommended acts of worship. This study confirms that Ibnu Ḥajar al-‘Aṣqalānī's approach shows scientific moderation in addressing daif traditions, which are relevant in the development of Islamic law, especially in the fiqh aspect of worship.
validity, daif hadith, ibnu ḥajar al-‘aṣqalānī, bulūgu al-marām, fiqh of worship.
Copyright (c) 2025 Muh Rangga Pramudya, Muhammad Yusram, Rachmad Bin Badani Tempo https://creativecommons.org/licenses/by-nc-sa/4.0
Studi Komparatif tentang Prosedur Perceraian dalam mazhab Syafii dan Hambali
A crucial aspect of Islamic family law is divorce, carefully designed to ensure justice and protect family rights. This study compares divorce procedures according to the Shafi’i and Hambali schools of thought. It focuses on the timing of divorce, the types of phrases used, and the role of the kadi in resolving the case. The aim is to conduct tarjih based on the strength of the legal evidence and the istinbat method used by these scholars, and to identify similarities and differences between the two. A descriptive-comparative approach is used in the study of classical and contemporary fiqh literature. The analysis is conducted by grouping opinions, examining legal arguments, and assessing the evidence and the context in which they are applied. The results indicate that the Shafi'i school prioritizes procedural order and limits the role of judges, while the Hambali school is more flexible in the timing of divorce and grants the kadi more authority in certain situations. Because it is more systematic and aligns closely with the principles of legal protection within the family, the opinion of the Shafi'i school is considered superior based on the istinbat method and the strength of the evidence. This study emphasizes the importance of the teaching of the Shafi'i school of jurisprudence in divorce practice and the strengthening of family law policies that adopt the Shafi'i approach without eliminating flexibility in emergency situations.
divorce, divorce procedures, hambali divorce, syafii divorce, tarjih
Copyright (c) 2025 Meliza, Nuraeni Novira, Rosmita https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Kaidah al-Ḥājah Tunazzalu Manzilah al-Ḍarūrah pada Penggunaan Aromaterapi saat Ihram
Islam is a perfect and easy religion, yet it still maintains the boundaries of Sharia law. During the Hajj and Umrah pilgrimages, pilgrims often face physical and mental challenges, while in the state of ihram there is a prohibition on using perfumes. On the other hand, aromatherapy can help maintain the well-being of pilgrims in certain conditions such as stress or respiratory disorders. This raises a fiqh issue because aromatherapy may contain perfumes. Therefore, it is important to examine the application of the fiqh principle al-ḥājah tunazzalu manzilah al-ḍarūrah, which states that urgent needs can be positioned like emergency conditions, thus granting legal leniency. This study aims to examine the use of aromatherapy during ihram based on this principle, as well as to analyse the views of scholars. The method used is a descriptive qualitative study with a normative approach and literature review. The findings reveal two scholarly opinions: first, permitting the use of aromatherapy with the payment of fidyah; second, permitting it without fidyah if the aromatherapy is derived from a mixture of natural plants without perfume components. This study leans toward the second opinion, as the use of aromatherapy for medical purposes may be permitted as long as it is not intended for adornment and is used proportionally. Thus, the use of aromatherapy during ihram can be understood as an application of fiqh principles that provide ease without deviating from the boundaries of sharia. This study is expected to serve as a guide for pilgrims, guides, and healthcare workers in the use of aromatherapy during ihram.
Fiqh rules, aromatherapy, ihram, ḥājah, fidyah, rukhṣah
Copyright (c) 2025 Abdul Malik Fajar, Ahmad Syaripudin, Sayyid Tashdyq https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Metode Istinbat Syekh bin Bāz dan Syekh al-‘Uṡaimīn Mengenai Hukum Penggunaan High Heels
This study aims to analyse the istinbat method used by Shaykh ibn Bāz and Shaykh al-'Uṣaimīn regarding the ruling on wearing high heels. The formulation of the problems in this study are: how is the general description of high heels and how is the istinbat method used by Sheikh bin Bāz and Sheikh al-'Uthaimīn regarding the ruling on wearing high heels. This research uses qualitative research, using comparative, historical and normative juridical approaches. The method of processing and analysing data is done by deductive method. The results of the research are: high heels are a type of shoe whose heel is much higher than the toe. The law of high heels according to Sheikh bin Bāz is makruh. Regarding the ruling on wearing high heels, Shaykh ibn Bāz did not explicitly describe the istinbat method used in determining the ruling. Shaykh al-'Uṡaimīn, on the other hand, argues that the ruling on wearing high heels is makruh and can become haram if it contains elements of tabarruj. In determining the ruling on wearing high heels, Shaykh al-'Uṣaimīn uses the istinbat method based on the Qur'an Q.S. al-Ahzab /33:33. This research contributes to the development of the study of usul fiqh, especially in understanding the contemporary ruling methods used by great scholars such as Shaykh ibn Bāz and Shaykh al-'Uṣaimin as well as enriching the scholarly literature in determining contemporary rulings such as the use of high heels
Analysis, High heels, Istinbat method, Syekh ibn Bāz, Syekh ibn ‘Uṣaimīn
Copyright (c) 2025 Sulastri, Rosmita, Nur Afni A. https://creativecommons.org/licenses/by-nc-sa/4.0
Tanam Benang di Wajah Perspektif Kaidah Fikih Lā Ḍarar Wa Lā Ḍirār
This study aims to examine the thread lift procedure on the face from both medical and aesthetic perspectives, as well as to evaluate its legal implications based on the Islamic jurisprudential principle of lā ḍarar wa lā ḍirār (no harm and no reciprocating harm). The growing trend of non-surgical beauty treatments, such as thread lifting, raises legal and ethical questions in Islam, particularly concerning the potential risks to the human body. This study employs a descriptive-qualitative approach with a normative method by analyzing classical and contemporary Islamic legal sources, medical literature, and recent fatwas. The research is divided into two main focuses. First, it provides a comprehensive review of the technical aspects of the thread lift procedure, the materials used, aesthetic benefits, and accompanying medical risks. Second, it applies the lā ḍarar wa lā ḍirār principle to assess the legal status of the thread lift procedure in the context of Islamic law. The findings indicate that the thread lift procedure begins with a medical consultation, skin cleansing, and the administration of local anesthesia to reduce pain. Special threads are inserted into the subcutaneous layer using fine needles to lift tissues and stimulate collagen production. The threads are placed in the supra-SMAS layer following skin preparation, pathway marking, and local anesthetic injection. Once the threads are placed and facial symmetry is adjusted, the protruding parts are trimmed, and the area is treated with antibiotic cream. From an Islamic legal perspective, thread lifting is considered permissible (mubāḥ) if performed for medical or corrective reasons, provided it does not cause harm and the materials used are deemed safe by medical standards. However, if performed solely for beautification without a clear necessity or if it has the potential to cause harm, its legal status may shift to makrūh (discouraged) or even ḥarām (forbidden).
Thread Lifting in The Face, Islamic Legal Maxim, Lā Ḍarar wa Lā Ḍirār
Copyright (c) 2025 Dewi Indriani Burhanuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Keabsahan dan Konsekuensi Bersumpah dengan Selain Nama Allah (Studi Komparatif Mazhab Hanafi dan Syafii)
Oaths in the perspective of Islamic law have a very important position as a means of proof, as well as a form of worship that contains sacred elements because it involves the name of Allah Swt. This study aims to examine the law of swearing by using names other than Allah based on the views of two major schools of thought in Islam, namely the Hanafi and Shāfi'ī schools. In the socio-religious context, the phenomenon of swearing by names other than Allah (such as by the moon, by parents, etc.) is still often found in the community. This research uses a descriptive-comparative qualitative method with a normative approach through library research sourced from the Quran, Hadith, and the opinions of fiqh scholars. The results of the study show that a valid oath in Islam must use the name or attributes of Allah, and swearing by other than Him is classified as a form of shirk or kufr according to the majority of scholars, including in the views of the Hanafi and Shāfi'ī madhhabs. This research also highlights the forms of oaths, the conditions for the validity of oaths, and the legal consequences of oath violations. The findings are expected to provide a deeper understanding to the public and practitioners of Islamic law in applying oaths in accordance with the provisions of the Shari'ah.
Copyright (c) 2025 Khalid Muchtar, Maulana La Eda, Arfan Arfan https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Menjaharkan Suara bagi Masbuk ketika Menyempurnakan Rakaat yang Tertinggal dalam Salat Jahriyah (Studi Komparasi Mazhab Maliki dan Mazhab Hambali)
Raising the voice in recitation by a latecomer (masbuk) when making up missed rak‘ahs in a loud (jahr) prayer is an issue disputed between the Mālikī and Ḥanbalī schools. This study aims to identify the opinions of the Maliki and Hambali schools regarding the ruling on raising the voice in such a situation, as well as to examine the arguments used by both schools in forming their positions. This research is qualitative in nature and employs a library research method. The approach used is a normative juridical approach, supported by a comparative method. The data is analyzed qualitatively using a deductive method. The results show that the Mālikī school holds that a masbūq is recommended (sunah) to raise his voice when making up missed rak‘ahs in a loud prayer. On the other hand, the Ḥanbalī school allows the masbuk to choose between reciting aloud or quietly, but Hambali scholars prefer a quiet (sir) recitation. They consider it disliked (makruh) to recite aloud if it may disturb other worshippers. The Maliki school bases its argument on hadith, while the Hambali school relies on qiyās (analogical reasoning). The stronger (rājiḥ) opinion in this issue is that of the Ḥanbalī school. The implication of this study is to provide clarity for Muslims in understanding and appreciating differences of opinion among scholars, especially in matters of fiqh.
Comparative, jahar, Masbuk, Hambali Madhhab, Maliki Madhhab
Copyright (c) 2025 Cahyo Hadi Prasetyo, Mukran H. Usman, Abdil Munzir https://creativecommons.org/licenses/by-nc-sa/4.0