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From Usul Fiqh to Modern Islamic Legal Theory: The Transformation of Legal Discovery Methodology in the Islamic Intellectual Tradition Azka Rayyani; Eka Putra Zakran; Maya Surya
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1476

The development of modern society has given rise to increasingly complex legal issues, thus demanding reforms in the methodology for discovering Islamic law. In the classical Islamic intellectual tradition, ushul fiqh serves as the primary methodological framework for understanding and establishing law derived from the Qur'an and Sunnah. This study aims to analyze the transformation of the methodology for discovering law from the classical ushul fiqh framework to the development of modern Islamic legal theory within the Islamic intellectual tradition. This study employed library research with historical and normative approaches. Data were obtained through a review of classical ushul fiqh literature and the works of modern Islamic legal thinkers. The historical approach was used to trace the development of the methodology for establishing law within the Islamic tradition, while the normative approach was used to analyze methodological concepts in Islamic legal theory and their relevance to contemporary issues. The results show that classical ushul fiqh developed a methodology for discovering law oriented toward textual analysis of the sources of revelation and the use of legal analogy as a rational instrument in expanding the scope of law. However, the complexity of modern issues has given rise to criticism of the limitations of this approach. In the development of contemporary thought, modern Islamic legal theory seeks to integrate the maqasid al-shariah approach, the principle of benefit, and social analysis as a more contextual methodological framework in the process of legal discovery. This study concludes that the transformation of legal discovery methodology within the Islamic tradition is a process of intellectual evolution aimed at maintaining the relevance of Islamic law in the face of changing times. Therefore, the development of Islamic legal methodology needs to continue to be directed towards integrating normative principles of sharia with analysis of the social realities of modern society.

From Usul Fiqh to Modern Islamic Legal Theory: The Transformation of Legal Discovery Methodology in the Islamic Intellectual Tradition Azka Rayyani; Eka Putra Zakran; Maya Surya
Jurnal Cendikia ISNU SU Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1476

The development of modern society has given rise to increasingly complex legal issues, thus demanding reforms in the methodology for discovering Islamic law. In the classical Islamic intellectual tradition, ushul fiqh serves as the primary methodological framework for understanding and establishing law derived from the Qur'an and Sunnah. This study aims to analyze the transformation of the methodology for discovering law from the classical ushul fiqh framework to the development of modern Islamic legal theory within the Islamic intellectual tradition. This study employed library research with historical and normative approaches. Data were obtained through a review of classical ushul fiqh literature and the works of modern Islamic legal thinkers. The historical approach was used to trace the development of the methodology for establishing law within the Islamic tradition, while the normative approach was used to analyze methodological concepts in Islamic legal theory and their relevance to contemporary issues. The results show that classical ushul fiqh developed a methodology for discovering law oriented toward textual analysis of the sources of revelation and the use of legal analogy as a rational instrument in expanding the scope of law. However, the complexity of modern issues has given rise to criticism of the limitations of this approach. In the development of contemporary thought, modern Islamic legal theory seeks to integrate the maqasid al-shariah approach, the principle of benefit, and social analysis as a more contextual methodological framework in the process of legal discovery. This study concludes that the transformation of legal discovery methodology within the Islamic tradition is a process of intellectual evolution aimed at maintaining the relevance of Islamic law in the face of changing times. Therefore, the development of Islamic legal methodology needs to continue to be directed towards integrating normative principles of sharia with analysis of the social realities of modern society.

Confidentiality in Arbitration and the Limits of Legal Transparency: Reassessing the Balance Between Private Autonomy and Public Accountability Azka Rayyani; Fitria Mukhtar Siregar; M. Abdillah; Suci Hidayati Malau; Raja Muda Pahlevi Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1308

The increasing reliance on arbitration as a mechanism for resolving commercial disputes has reinforced the importance of confidentiality as one of its defining characteristics. While confidentiality protects commercial interests, trade secrets, and sensitive business information, its extensive application has generated growing concerns regarding legal transparency, judicial accountability, and public access to legal reasoning. This study examines the legal relationship between confidentiality and transparency in arbitration and evaluates the extent to which these competing principles can be reconciled within the Indonesian arbitration framework. Employing normative legal research with statutory, conceptual, and comparative approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution alongside international arbitration instruments, institutional rules, and relevant legal scholarship. The findings demonstrate that confidentiality should not be regarded as an absolute principle but rather as a proportional legal mechanism whose application must be balanced against broader interests of legal certainty, public accountability, and the development of arbitration jurisprudence. Although confidentiality remains essential for protecting commercial privacy and preserving business confidence, excessive secrecy may hinder legal development, restrict access to legal information, and weaken the legitimacy of arbitral dispute resolution. Accordingly, limited judicial supervision, controlled disclosure through anonymized arbitral awards, and strengthened digital information security provide an appropriate balance between commercial confidentiality and legal transparency. This study contributes to arbitration scholarship by proposing a proportional interpretation of confidentiality that preserves commercial autonomy while accommodating transparency where required by public interest, judicial accountability, and the coherent development of arbitration law.

Confidentiality in Arbitration and the Limits of Legal Transparency: Reassessing the Balance Between Private Autonomy and Public Accountability Azka Rayyani; Fitria Mukhtar Siregar; M. Abdillah; Suci Hidayati Malau; Raja Muda Pahlevi Siregar
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1308

The increasing reliance on arbitration as a mechanism for resolving commercial disputes has reinforced the importance of confidentiality as one of its defining characteristics. While confidentiality protects commercial interests, trade secrets, and sensitive business information, its extensive application has generated growing concerns regarding legal transparency, judicial accountability, and public access to legal reasoning. This study examines the legal relationship between confidentiality and transparency in arbitration and evaluates the extent to which these competing principles can be reconciled within the Indonesian arbitration framework. Employing normative legal research with statutory, conceptual, and comparative approaches, the study analyzes Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution alongside international arbitration instruments, institutional rules, and relevant legal scholarship. The findings demonstrate that confidentiality should not be regarded as an absolute principle but rather as a proportional legal mechanism whose application must be balanced against broader interests of legal certainty, public accountability, and the development of arbitration jurisprudence. Although confidentiality remains essential for protecting commercial privacy and preserving business confidence, excessive secrecy may hinder legal development, restrict access to legal information, and weaken the legitimacy of arbitral dispute resolution. Accordingly, limited judicial supervision, controlled disclosure through anonymized arbitral awards, and strengthened digital information security provide an appropriate balance between commercial confidentiality and legal transparency. This study contributes to arbitration scholarship by proposing a proportional interpretation of confidentiality that preserves commercial autonomy while accommodating transparency where required by public interest, judicial accountability, and the coherent development of arbitration law.

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