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Aborsi akibat Pemerkosaan: Analisis Fikih Perempuan Perspektif Kiai Husein Muhammad dan Santri Lirboyo Kediri Rahmad Setyawan; Muhammad Asyrofudin; Khairuddin; Muslih; Muhammad Adib Samsudin
SUHU: Journal of Sufism and Humanities Vol. 1 No. 2 (2025): SUHU: Journal of Sufism and Humanities
Publisher : LaKaspia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69548/suhu.v1i2.77

Abstract

The issue of abortion due to rape is one of the complex problems in contemporary women's fiqh, as it involves a conflict between the right to life of the fetus and the protection of victims of sexual violence. Objective: This study aims to conduct a comparative analysis of the views of Kiai Husein Muhammad and Santri Lirboyo Kediri on abortion due to rape and to explore the similarities and differences between the two in the perspective of contemporary women's fiqh. Method: This study is a qualitative study with a comparative approach. The research data was obtained through a literature study by examining the writings and thoughts of Kiai Husein Muhammad and Santri Lirboyo Kediri, as well as other academic sources relevant to the research topic. Results: This study shows that Kiai Husein Muhammad represents a humanistic-progressive fiqh style that emphasizes the preservation of the psychological condition and dignity of women who are victims of sexual violence (hifz al-'Aql), while Santri Lirboyo Kediri is based on traditional-conservative fiqh that emphasizes the protection of fetal life as a form of respect for human rights (hifz an-Nafs). Conclusion: However, the differences between these two views do not necessarily indicate a contradiction, but rather enrich the contemporary fiqh of women on the issue of abortion due to rape by presenting a balance between human values, morality, and submission to the principles of Islamic sharia.
Kontekstualisasi Pembagian Warisan 2:1 Perspektif Mubadalah : Efforts to Find the Meaning of Equality in Islamic Family Law in Indonesia Muhammad Asyrofudin; Rahmad Setyawan; Khairuddin; Muhammad Adib Samsudin; Ulum Ahmad Adnani
Syariah: Journal of Fiqh Studies Vol 3 No 2 (2025): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v3i2.221

Abstract

This article revisits the 2:1 inheritance distribution between men and women through the perspective of mubadalah to find the meaning of equality in Islamic Family Law in Indonesia. This study uses library research methods, with data sources from the Qur'an, hadith, classical fiqh books, tafsir works, contemporary literature, journal articles, and the thoughts of modern scholars on inheritance and gender issues. The analysis was conducted in three steps: 1) examining classical fiqh concepts and the theological basis for the 2:1 inheritance distribution rule; 2) contextualizing the social conditions of early Islamic Arab society with the socio-economic realities of modern Indonesian society; and 3) applying the mubadalah interpretation method as an analytical framework to understand the inheritance verses more substantively. The results of this study show that the 2:1 provision is not an absolute rule, but rather a formulation that arose from the social and cultural structure of early Islamic society. Through the principles of reciprocity, justice, and gender equality, the mubadalah interpretation opens up space for reinterpreting inheritance law to be more adaptive to social and economic dynamics and gender roles in Indonesia. This reinterpretation is a practical necessity for realizing substantive justice in Islamic Family Law, especially when women contribute significantly to family and community life. Thus, reinterpreting the 2:1 inheritance rule is not merely a normative academic discourse but a practical necessity to uphold the values of equality and benefit in Islamic family law in Indonesia, and is in line with the main objectives of Sharia (maqāṣid asy-syarī‘ah) in realizing justice and humanity.