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All Journal Nusantara: Journal Of Law Studies Mawaddah: Jurnal Hukum Keluarga Islam
Umi Indasyah Zahro
Universitas Trunodjoyo Madura, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Bridging Istinbāṭī and Taṭbīqī: An Integrative Ijtihād Model for Halal Fatwa Governance and Regulatory Compliance Holis Holis; Umi Indasyah Zahro; Lailatul Maghfiroh; Hawa Gazani; Imamuddin; Wasif Naif Nahar Daqamseh
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.171

Abstract

This study investigates the integration of ijtihād istinbāṭī and ijtihād taṭbīqī in the formulation of halal fatwas for processed food products in Madura, Indonesia. The research addresses persistent reliance on fragmented fatwa methodologies, which have historically engendered legal ambiguity, interpretive divergence, and challenges to the legitimacy of religious authority. Employing a qualitative descriptive methodology, the study combines doctrinal analysis with field observations and in-depth interviews involving ulama, food industry stakeholders, and representatives of halal certification bodies. Findings demonstrate that halal fatwa determination in Madura is contingent upon the synergistic application of istinbāṭī ijtihād, which provides normative and doctrinal legitimacy, and taṭbīqī ijtihād, which facilitates the contextualization of Islamic legal norms within contemporary socio-technological and industrial frameworks. This unification produces an integrative ijtihād model in which Islamic law is dynamically aligned with empirical realities and public welfare considerations (maqāṣid al-sharī‘ah). Operationalization occurs through collaborative governance mechanisms involving regional MUI branches, Halal Inspection Agencies (LPH), pesantren networks, and academic institutions, yielding halal fatwas that are simultaneously legally authoritative and socially responsive. The study further suggests that adopting a unified ijtihād framework can enhance the coherence, legitimacy, and legal certainty of halal fatwa production, while concurrently strengthening national halal governance by harmonizing religious authority, regulatory institutions, and industrial practices. The findings contribute to contemporary Islamic legal scholarship by demonstrating how integrative jurisprudential methodologies can reconcile classical Sharīʿah principles with modern technological, socio-economic, and policy imperatives.
Maqāṣid al-Sharīʿah as a Governance Framework: Institutionalizing Child Protection in Pontianak Marluwi Marluwi; Baihaqi Baihaqi; Ahmad Musadad; Umi Indasyah Zahro; Tri Pujiati
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.34

Abstract

The high rate of violence against children in Pontianak City shows that the issue of child protection is not only normative in regulations, but has become a complex social problem. This study aims to analyze the dynamics of children's involvement as victims of crime in Pontianak City and examine the governance of child protection through the perspective of maqāṣid al-syarī'ah. The research method used is qualitative with a socio-legal approach to examine the relationship between positive legal norms and the implementation of child protection at the regional level. The results of the study show that family vulnerability, weak parental supervision, unconducive social environment, and low digital literacy are the main causes of the increased risk of children becoming victims of crime. Field findings also show that the Pontianak City Regional Child Protection Commission has implemented protection governance through integrated assessment SOPs, legal and health assistance, education sustainability supervision, direct and digital complaint services, and preventive programs based on community participation. The analysis based on maqāṣid al-syarī'ah emphasizes the need to reconstruct the fiqh of child protection based on the principles of ḥifẓ al-nafs, ḥifẓ al-'aql, and ḥifẓ al-nasl as a normative foundation in child protection policies. This study recommends a stronger integration between regional regulations, institutional capacity strengthening, and internalization of the values of maqāṣid al-syarī'ah so that the child protection system in Pontianak City becomes more substantive, responsive, and holistically oriented towards the benefit of children.
Co-Authors Ahmad Musadad Baihaqi Baihaqi Hawa Gazani Holis Holis Imamuddin Lailatul Maghfiroh Marluwi Marluwi Tri Pujiati Wasif Naif Nahar Daqamseh