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
Kewarisan Khunṡa (Studi Komparasi antara Mazhab Syafii dan Mazhab Hambali)
This study examines the issue of inheritance for khunṡa, individuals who have two sex organs or neither. The study aims to analyse and compare the methods of istinbāṭ hukum (legal deduction) used by the Shafi'i and Hambali schools of thought in determining inheritance rights for khunṡa. This study employs a qualitative method with a normative and comparative approach through a literature review of classical and contemporary fiqh literature. The results of the study indicate that both schools share similarities in the method of identifying the gender of khunṡa, namely by observing the urethra and signs of puberty. In the case of khunṡa musykil, both apply the iḥṭiyᾱṭ (caution) approach, but the Shafi'i school uses the istinbāṭ method based on rational evidence through the fiqh rule approach, while the Hanbali school combines textual and rational evidence. In this case, the Hanbali school bases its approach on istiḥsān and the fatwas of the Companions, particularly the opinion of Ibn ‘Abbās, who stated that khunṡa musykil receives half the inheritance share of a male and half that of a female. This research is expected to serve as a reference for judges of the Religious Court, academics, and policymakers in formulating further regulations related to khunṡa inheritance in Indonesia.
Khunṡa, inheritance, comparative, Shafi’i, Hambali
Copyright (c) 2026 AL-MUNTAQA: Jurnal Studi Islam dan Bahasa Arab https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Menyematkan Marga pada Nama Anak Angkat Perspektif Maqāṣid al-Syarī’ah
This study aims to examine the law of attaching a clan name from the perspective of maqāṣid al-Syarī’ah and the law of attaching a clan name to the name of an adopted child from the perspective of maqāṣid al-Syarī’ah. This study uses library research, a descriptive qualitative approach, historical normative, and phenomenology. Data analysis uses deductive techniques with stages of identification, clarification, and systematisation of data based on the discussion framework. The results of the study indicate that the law of attaching a clan name from the perspective of maqāṣid al-Syarī’ah is contextual based on the principle of hifẓ al-Dīn, in Batak Toba it is haram because it contains elements of shirk through supernatural beliefs and rituals that contradict tawhid, but it is mubah in Minangkabau and Gorontalo because it is done administratively without rituals that violate Islamic principles. As for the law of attaching clans to the names of adopted children, when viewed from the perspective of maqāṣid al -Syarī’ah, it is haram because it potentially violates the principle of hifẓ al-nasl (preserving lineage) through the violation of marriage rules between clans, as well as hifẓ al-māl (preserving wealth) by granting inheritance rights that are not in accordance with sharia. This research contributes to the preservation of local culture in line with Islam through the administrative use of surnames without elements of shirk, the implementation of an adoption system without altering lineage, and the provision of economic security for adopted children through wills or gifts, thereby creating a balance between tradition and Islamic law.
Adopted Children, Islamic Law, Clan, Maqāṣid al-Syarī'ah, Nasab
Analisis Hukum Kehalalan Hewan Bertaring dalam Perspektif Mazhab Syafii
The aspect of food halalness plays a very important role because it not only affects physical health but also the spiritual purity of a Muslim. One topic of debate is the consumption of animals with fangs, as some communities still consume them for reasons of tradition, economics, and claims of health benefits. This study aims to analyse the halal status of consuming carnivorous animals from the perspective of the Shafi'i school of thought, which is the most widely followed school in Indonesia. The study employs a descriptive qualitative research method through library research and adopts a normative approach. The results of the study indicate that the concept of the prohibition of carnivorous animals in the Shafi'i school of thought is based on the understanding that animals that use their fangs to attack and prey on others are prohibited from being consumed, based on authentic hadiths. An analysis of this law reveals the application of the qiyās method, fiqh principles, and considerations of ‘urf and maqāṣid al-syarī‘ah in its formulation. However, there are exceptions for certain animals such as hyenas and foxes, which are deemed halal due to specific evidence and prevailing customs. This study concludes that the legal approach in the Shafi'i school of thought is comprehensive and contextual in establishing legal rulings, combining religious evidence, societal customs, and the objectives of Islamic law. These findings are expected to serve as a reference for Muslims in addressing the consumption of animals with fangs, particularly in the face of modern social and cultural changes.
Law, Halal, Animals with Fangs, Shafi'i School of Thought
Hukum Azan dan Ikamah Wanita Secara Berjemaah dan Sendirian Perspektif Empat Mazhab
This study aims to identify and understand the opinions of the four schools of thought (Hanafi, Maliki, Shafi'i, and Hambali) regarding the law of women performing the call to prayer and iqamah in congregation and individually. This study employs a descriptive qualitative research design, utilizing a normative legal approach and a comparative approach. The findings reveal that the majority of scholars from the four schools of thought opine that the azan performed by women is not prescribed by Islamic law but is permitted when done alone in a low or soft voice as a form of announcing the prayer. Meanwhile, the iqamah performed by women is considered permissible to recommended, whether performed alone or with other women, as a sign of the beginning of prayer. The azan performed by women is generally considered disliked or forbidden and not recommended, especially if performed in the presence of male congregants, as women's voices are deemed unsuitable for such announcements. Similarly, the iqamah performed by women is also viewed as makruh or haram and considered invalid if performed in front of a male congregation. The implications of this research are expected to serve as a reference, literature, or consideration for the academic world, as well as provide information to the public, particularly for Muslim women.
Implementasi Kaidah al-Masyaqqah Tajlibu al-Taysīr sebagai Solusi Taharah untuk Penderita Aquaphobia dan Hydrophobia
This study aims to analyse the application of the fiqh principle of al-masyaqqah tajlibu al-taysīr in addressing issues of taharah (ritual purity) among Muslims who experience aquaphobia, an excessive fear of water, and hydrophobia, a neurological disorder that occurs in the advanced stages of rabies. Based on global epidemiological data, aquaphobia affects 2–4.3% of the world's population, while hydrophobia occurs in 20–50% of the 59,000 annual rabies cases across more than 150 countries. This study employs a qualitative research approach combining normative and empirical methods to establish the legal ruling on taharah. The references for this research include the books Al-Waji ̅z, Al-Majmūʿ, and Al-Mughnī. The research findings indicate that difficulties causing physical or mental harm can serve as a valid basis for performing tayamum even when water is available. The Maliki and Hanbali schools of thought grant a dispensation to individuals with aquaphobia and hydrophobia to perform tayamum, while the Shafi'i and Hanafi schools require taḥqīq al-manāṭ, with the condition that medical criteria, particularly for severe aquaphobia, are met for continuous tayamum, provided it is based on professional diagnosis and there are no immediate alternative treatments.
Aquaphobia, maqāṣid, rukhsah, taharah, tayamum
Hukum Akikah bagi Anak Laki-laki dengan Satu Ekor Kambing Studi Komparasi Mazhab Maliki dan Mazhab Syafi’i
Akikah is a sunnah ritual performed as an expression of gratitude for the birth of a child and has specific requirements in its practice based on different schools of Islamic jurisprudence. The purpose of this study is to compare and analyse the rules governing akikah for a male child with one goat from the perspectives of the Maliki and Shafi'i schools of jurisprudence. The methodology used is library research with a normative and descriptive qualitative approach, which involves reviewing literature and fiqh evidence from both schools of thought. The results of this study indicate differences in opinion between the Maliki and Shafi'i schools of thought regarding the number of animals to be slaughtered for the performance of aqiqah. The Shafi'i school of thought considers the slaughter of two goats for a male child as a strongly recommended sunnah (sunah muakkadah). Meanwhile, the Maliki school permits the sacrifice of one goat without distinguishing the gender of the child. This scientific study contributes to the development of fiqh studies and understanding of variations in religious practices within Islamic society, and serves as a basis for consideration in the formulation of more inclusive and contextual religious policies and Islamic education.
Comparative, Mazhab, Akikah, Law, Children
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
Tanggung Jawab Atas Kerusakan dan Kehilangan Barang Gadai: Kajian Komparatif Empat Mazhab Fikih Klasik
Pawning (rahn) is one of the contractual forms in Islamic commercial jurisprudence (fiqh muʿāmalah) that plays an important role in supporting the economic needs of society. However, in its implementation, problems often arise when the pledged item is damaged or lost. This issue raises questions regarding who should bear responsibility for the resulting loss. The four major schools of Islamic law Hanafi, Maliki, Shafi‘i, and Hanbali hold the same opinion in determining liability for pawned goods. This reflects the shared perspectives and legal methods applied within the Islamic legal tradition. This study aims to explore the views of these four classical fiqh schools on the responsibility for damaged or lost pawned items, as well as the legal foundations used by each school. The study employs a qualitative research method with a normative approach, which seeks to identify legal sources through textual evidence from the Qur’an, Hadith of the Prophet (peace be upon him), and the opinions of scholars. The analysis is based on classical jurisprudential literature and scriptural proofs. The findings show that all four schools agree that the pawned item remains the property of the pledger (rāhin), and the pawnee (murtahin) is not liable for damage or loss unless negligence or misuse is proven. The Hanafi school considers the pawned item an amānah (trust), and the pawnee is only responsible if negligent. The Maliki school differentiates liability based on the type of item and the place of storage. The Shafi‘i school emphasizes the importance of agreement and procedural clarity, while the Hanbali school stresses textual evidence and the principle of trust. This study contributes to reinforcing fair and sharia-compliant pawning practices in Islamic financial institutions.
Liability, Pledged Goods, Damage, Loss, Fiqh Schools, Comparative Study, Classical Fiqh
Hukum Berwasiat Lebih dari Sepertiga Harta dalam Kasus Seseorang Tanpa Ahli Waris (Studi Komparatif Mazhab Hanafi dan Mazhab Syafii)
A will (waṣiyyah), in its implementation, is governed by several stipulations. One of them is that a person is not permitted to bequeath more than one-third of their wealth if they have heirs and those heirs do not give their consent. However, in certain cases where a person has no heirs at all, a question arises: does the one-third limitation still apply? This study aims to explore the views of the Hanafi and Shafi'i schools of thought on the ruling of bequeathing more than one-third of one's estate in the absence of heirs, and to analyze the comparative outcomes between the two schools on this matter. This journal adopts a qualitative descriptive method through library research, using a normative juridical and comparative approach. The findings of this study indicate that the Hanafi school permits an individual to bequeath more than one-third of their wealth when they have no heirs, on the basis that the reason for the one-third limitation is to preserve the rights of the heirs. Therefore, in the absence of heirs, it is permissible to exceed that limit. In contrast, the Shafi'i school maintains that the one-third restriction remains applicable whether or not heirs are present, based on the general implication of the ḥadīth of Sa‘d. This study contributes to the development of knowledge in the field of Islamic jurisprudence and comparative madhhab studies, particularly in matters related to wills.
Bequest, One-Third of the Estaate, Heirs, Hanafi School of Thought, Syafii School of Thought
Ketentuan Pemidanaan Kasus Pencurian Berdasarkan Nilai Barang Perspektif Fikih Jinayah dan Hukum Positif
This study aims to analyze and compare the provisions of criminal sanctions for theft based on the value of stolen goods from the perspective of fiqh jinayah and Indonesian positive law. The main focus of this research includes three aspects: first, how criminal sanctions for theft are regulated based on the value of stolen goods according to fiqh jinayah and positive law; second, how the principle of legality is applied in the imposition of sanctions for theft in both legal systems; and third, to what extent an analysis of these two systems can contribute to a more just and proportional reform of criminal law in accordance with the current development of legal norms. This research employs a normative juridical method with a comparative legal approach and is conducted as library research by examining primary sources such as the Qur’an, hadith, classical fiqh texts, the Indonesian Penal Code (KUHP), and relevant statutory regulations. The data are analyzed using a descriptive-comparative technique. The findings indicate that in fiqh jinayah, the punishment of amputation (ḥadd) is only applied when certain conditions are met, including the stolen property reaching the niṣāb (¼ dinar of gold or approximately IDR 2,045,000), having economic value, being taken from a secure place (ḥirz), and committed secretly. In contrast, Indonesian positive law uses the value of the stolen goods as a basis to differentiate between petty theft and ordinary theft, as regulated in Articles 364 and 362 of the Penal Code, and further emphasized by Supreme Court Regulation No. 2 of 2012 with a nominal threshold of IDR 2,500,000. The implication of this study underscores the importance of considering the value of stolen goods in sentencing and opens the possibility of integrating substantive justice values from Islamic law into the national legal system to support a more equitable and responsive criminal law reform.
Islamic Law, Positive Law, Value of Goods, Criminal Punishment, Theft
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
Penggunaan Steam Washer untuk Menyucikan Pakaian Bernajis Perspektif Hukum Islam
This study aims to elaborate the concept of najāsah purification in Islamic law based on contemporary fiqh sources and to analyze the legal status of using a steam washer as a tool for purifying clothes contaminated by impurities from the perspective of Islamic law. This research is a library study employing a qualitative method with a descriptive-normative approach, through a literature review of contemporary fiqh texts and technical data on the operational mechanism of steam washers. Data analysis is conducted deductively, starting from general principles toward specific conclusions, involving stages such as categorizing sources, selecting data based on credibility and relevance to fiqh requirements and technical parameters, clarifying fiqh arguments through comparison with technical test data, and systematic synthesis based on the research problem framework. The findings reveal that purification from najāsah in Islamic law requires the removal of the physical substance (‘ain najāsah), including its matter, color, odor, and taste, the use of ṭāhūr (pure and purifying) water, and observable washing or flowing water. The Syāfi‘ī and Hanbalī schools strictly require pure water, whereas the Ḥanafī and parts of the Mālikī schools allow alternative media as long as the impurity is completely removed. Contemporary scholars like ‘Abdullāh ibn ‘Abdurraḥmān ibn Jibrīn and Abū Mālik permit modern methods such as hot steam if proven effective in eliminating impurities. The implications of this research span academic, practical, and industrial aspects, enriching contemporary fiqh literature, providing practical guidance for Muslims, and serving as a reference for the industry in developing cleaning technologies compliant with Islamic principles.
Impurity, Islamic Law, Modern Technology, Purification, Steam washer
Mengerjakan Dua Salat Fardu dengan Satu Kali Tayamum (Perspektif Mazhab Hanafi dan Maliki)
This study aims to determine the views and legal basis of the Hanafiyah and Malikiyah Mazhabs regarding the performance of two fard prayers with one tayamum and analyze the differences and similarities in opinions between the Hanafiyah and Malikiyah Mazhabs regarding the performance of two fard prayers with one tayamum. This research uses descriptive qualitative research using the library research method and normative approach method and comparative method. The results of this study show that the Hanafiyah Mazhab allows the performance of two obligatory prayers with one tayamum as long as the conditions of tayamum still apply, because tayamum is considered as ṭahārah al-muṭlaqah (absolute purity) which can replace ablution in the absence of water. In contrast, the Maalikis do not allow the use of one Tayamum for two fard prayers. Tayamum according to them is only valid for one fard prayer, and must be repeated for the next prayer, because tayamum does not remove hadas in essence. They both have similarities in using Surah Al-Māidah verse 6 as a legal basis, but differ in their understanding of the status of tayamum purity and the limits of its use. This research makes an important contribution to the development of Islamic legal studies, especially related to the fiqh of tayamum and the performance of prayers in emergency conditions. By outlining the differences and similarities between the two main madhhabs, this research can be a reference for academics, Islamic law practitioners, and Muslims in understanding and applying the law of tayamum appropriately and according to the context of the mazhab adopted.
Fard Prayers, Tayamum, Perspectives, Hanafis, Maalikis
Risiko Cedera Fatal dan Kematian dalam Keikutsertaan Pemain pada Perlombaan Ketangkasan Perspektif Mazhab Syafii
Agility competitions such as horse racing, martial arts challenges, and extreme stunts often involve the risk of severe injury or even death. This phenomenon raises serious questions in Islamic legal discourse, particularly within the Shafi’i school, which strongly emphasizes the protection of life (ḥifẓ al-Nafs) as one of the core objectives of Islamic law (maqāṣid al-Sharī‘ah). This study aims to examine the legal status of participation in high-risk competitions from the perspective of Shafi’i scholars, based on the Qur’an, Hadith, and legal maxims. The research adopts a library research method using a normative-theological approach and descriptive analysis of classical and contemporary Shafi’i jurisprudential literature. The findings of this study are as follows: first, the Shafi’i school considers participation in potentially fatal agility competitions to be conditional. Second, if such competitions are held without adequate safety measures, skills, or clear benefits, they are deemed forbidden (ḥarām) as they endanger life, which contradicts the principle of ḥifẓ al-nafs. Third, if these competitions are conducted professionally, safely, and bring benefits such as physical health or education, then they are permissible (mubāḥ) or even recommended (mandūb). The principles of harm (ḍarar) and necessity (ḍarūrah) serve as the foundation for this judgment, in accordance with the legal maxims lā ḍarar wa lā ḍirār (no harm and no reciprocating harm) and al-ḍarūrātu tubīḥu al-maḥẓūrāt (necessities permit the prohibited). This study is expected to serve as a reference for scholars, academics, and competition organizers in assessing participation in skill-based contests from the perspective of the Shafi'i school of thought. The findings emphasize the importance of preserving human life (ḥifẓ al-nafs) and highlight the necessity of adequate safety standards and expertise in all high-risk activities, in order to remain in accordance with the principles of Islamic law.
Risk, Fatal Injury, Agility Competition, A Shafi’i School
Batasan Interaksi Suami-istri dan Konsekuensi Hukumnya dalam Kasus Zihar (Analisis Perbandingan Mazhab)
Zihar is a husband's declaration likening his wife to a woman who is permanently unlawful to him (maḥram), such as his mother. In Islamic law, this statement is not considered a form of divorce but carries serious legal consequences. Once zihar is pronounced, the husband is prohibited from having any physical interaction with his wife until he fulfills the kaffārah (expiation) prescribed by Islamic law. This study aims to examine the boundaries of marital interaction and the legal consequences following a zihar statement, based on the perspectives of the four Sunni schools of jurisprudence: Ḥanafi, Maliki, Shāfi‘ī, and Ḥanbalī. In addition, this research explores the understanding of zihar within each school. The study employs a qualitative descriptive method using a normative approach and literature review. Data are collected from the Qur'an, hadiths, classical jurisprudential texts, and other scholarly references. The analysis is conducted through both inductive and deductive reasoning. The findings show that all four schools agree on the prohibition of zihar and the obligation to pay kaffārah before the husband may resume marital relations. However, they differ in defining the limits of physical restriction: the Ḥanafī and Mālikī schools prohibit all forms of sexual pleasure, while the Shāfi‘ī and Ḥanbalī schools only prohibit intercourse. This research contributes significantly to a deeper understanding of zihar in Islamic law and serves as a guide for Muslim communities in upholding marital dignity and communication in accordance with Islamic principles .
Islamic Lawi, Marital Interaction, Kafarat, School of Thought Comparison, Zihar
Hukum Membeli Barang Boikot dalam Keadaan Terpaksa (Mukrah) Perspektif Kaidah al-Ḥājah Tunazzalu Manzilah al-Ḍarūrah
This study examines the legal ruling on purchasing boycotted goods under compulsion (ikrāh), an analysis through the principle al-ḥājah tunazzalu manzilah al-ḍarūrah—a principle that allows necessities to be treated as exigencies. The aim is to determine the legal status of such purchases when one is under duress, to understand the limits and definition of coercion in Islamic jurisprudence, and to evaluate the application of this maxim in contemporary contexts, particularly when a boycott is officially mandated by a Muslim government. This research adopts a qualitative-normative method, analyzing relevant shar‘ī sources, principles of uṣūl al-fiqh, state regulations , and fatwas issued by Islamic scholars that explicitly banning economic relations with Zionist entities. The findings show that, in the context of obedience to a Muslim authority, purchasing boycotted products remains prohibited except in cases of valid compulsion as defined by sharī‘ah. The principle provides a conditional dispensation (rukhsah) only under certain strict criteria. Thus, moral awareness and commitment to collective Islamic principles are essential in responding to boycott policies wisely and proportionally.
boycott, goods, al-ikrāh, al-ḥājah, al-ḍarūrah