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All Journal Jurnal El-Thawalib Al Ushuliy Jurnal El-Thawalib Wasīlah: Journal Of Sharia Sciences
Samsul Arifin
Universitas Selamat Sri
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Revitalization of Fiqh Rules in the Reform of Modern Islamic Family Law Samsul Arifin; Nurul Abrari
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19712

Abstract

The purpose of marriage is to form a harmonious and happy family. However, the impact of globalization, technology, and diverse social life in society makes the goal of marriage difficult to achieve. Issues related to marriage require a solution, therefore, these Islamic jurisprudence principles serve as a guide in addressing marriage issues, resulting in a more responsive and adaptive renewal of Islamic family law. This study uses a qualitative approach with a literature study approach. Primary data sources are Ihya' Ulumiddin and Al-Faraidul Bahiyyah, and secondary data are from books and journals. Data collection techniques through literature reviews. The analysis process is carried out by separating relevant data, then analyzing it in the form of descriptive analysis, and drawing conclusions by linking the data on marriage issues to relevant Islamic jurisprudence principles. The results of the study show that there are three rules of Islamic jurisprudence that are relevant to marriage issues 1. Al-umuru bi maqasidiha (All actions depend on their purpose) This rule is used as the basis for a judge to decide the law on marriage confirmation. 2. Al Aslu fi asyya' al ibahah hatta yadulla al dalil ala tahrim (The origin of something is permissible, so there is evidence that prohibits it) This rule provides legal confirmation about the permissibility of doing something until there is an argument that prohibits it, in the context of marriage, namely the permissibility of doing walimatul usr according to his ability. 3. Addararu yuzalu (harm must be eliminated) This rule seeks to realize the purpose of the law, namely for the benefit by rejecting all damage, in the context of marriage, namely the existence of a marriage dispensation by a judge for those who have not met the formal and material requirements of marriage.
Revitalization of Fiqh Rules in the Reform of Modern Islamic Family Law Samsul Arifin; Nurul Abrari
Jurnal El-Thawalib Vol 7, No 3 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i3.19712

Abstract

The purpose of marriage is to form a harmonious and happy family. However, the impact of globalization, technology, and diverse social life in society makes the goal of marriage difficult to achieve. Issues related to marriage require a solution, therefore, these Islamic jurisprudence principles serve as a guide in addressing marriage issues, resulting in a more responsive and adaptive renewal of Islamic family law. This study uses a qualitative approach with a literature study approach. Primary data sources are Ihya' Ulumiddin and Al-Faraidul Bahiyyah, and secondary data are from books and journals. Data collection techniques through literature reviews. The analysis process is carried out by separating relevant data, then analyzing it in the form of descriptive analysis, and drawing conclusions by linking the data on marriage issues to relevant Islamic jurisprudence principles. The results of the study show that there are three rules of Islamic jurisprudence that are relevant to marriage issues 1. Al-umuru bi maqasidiha (All actions depend on their purpose) This rule is used as the basis for a judge to decide the law on marriage confirmation. 2. Al Aslu fi asyya' al ibahah hatta yadulla al dalil ala tahrim (The origin of something is permissible, so there is evidence that prohibits it) This rule provides legal confirmation about the permissibility of doing something until there is an argument that prohibits it, in the context of marriage, namely the permissibility of doing walimatul usr according to his ability. 3. Addararu yuzalu (harm must be eliminated) This rule seeks to realize the purpose of the law, namely for the benefit by rejecting all damage, in the context of marriage, namely the existence of a marriage dispensation by a judge for those who have not met the formal and material requirements of marriage.
PERSPEKTIF HUKUM ISLAM TERHADAP ADAT PANCER (STUDI KASUS DI DESA PESUCEN KECAMATAN KALIPURO KABUPATEN BANYUWANGI) Samsul Arifin
Wasīlah: Journal Of Sharia Sciences Vol. 2 No. 1 (2026): Februari
Publisher : Wasīlah: Journal Of Sharia Sciences

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Abstract

Allah SWT has established rules for His servants regarding marriage in Islamic law. One of them is that it is permissible to marry a cousin. However, sometimes there is a clash between customary law and Islamic law and even becomes a difficult problem to solve, even often becoming a specter that is considered bid'ah dlalalah by some scholars, even though when viewed from the perspective of the history of Islam's success because it can make customs as a field of da'wah. In this study will examine customs if violated will have fatal consequences for a family even though in Islamic law if doing so is not a problem meaning Islam is not prohibited. This study is a qualitative study that describes the problems obtained from the results of interview findings to become a conclusion that has a basis. Not apart from that, the researcher also looks at previous studies as a legal basis. Al, results; The perspective of Islamic Law on the Pancer custom in Pesucen Village, Kalipuro District, Banyuwangi, categorizes the Pancer custom as a damaged custom (fasid) and cannot be used as a legal basis because it does not comply with the requirements contained in the custom. This Pancer custom has also violated the provisions of the Sharia by forbidding what is halal, and has even violated the arguments of Muttafaq `alaih.
The Role of Fiqh Principles in Resolving Contemporary Family Issues Samsul Arifin
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

This article examines the role of fiqh principles in addressing contemporary family issues arising from globalization, technological development, and changing social dynamics that increasingly challenge the realization of a sakinah, mawaddah, wa rahmah family. Using a qualitative approach with a literature study design, the research analyzes primary sources, including Ihya’ Ulumiddin and Al-Faraidul Bahiyyah, supported by books, journal articles, and other scholarly works on Islamic family law. Data were collected through library research and analyzed descriptively to identify the application of relevant fiqh principles to contemporary family disputes. The findings reveal three principal fiqh maxims that provide a methodological framework for judicial decision-making. First, la darara wa la dirara justifies divorce in cases of domestic violence to eliminate harm. Second, al-mashaqqah tajlib al-taysir enables judges to prioritize children's welfare by allowing flexibility in child custody decisions when strict legal rules create hardship. Third, dar’u al-mafasid muqaddam ‘ala jalb al-masalih guides judges in balancing competing interests in marriage dispensation cases by prioritizing the prevention of greater harm over the attainment of potential benefits. These principles demonstrate that fiqh maxims remain relevant as adaptive legal instruments for resolving contemporary family issues while preserving the objectives of Islamic law.
Co-Authors Nurul Abrari