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All Journal Familia: Jurnal Hukum Keluarga Nusantara: Journal Of Law Studies
Hawa Gazani
Universitas Trunodjoyo Madura, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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.
SOCIAL CONSTRUCTION OF RESPONSIBILITY IN SIRI POLYGAMY IN MADURA Adiyono; Rudi Hermawan; Agustina Kumala Dewi Sholihah; Hawa Gazani; Ach. Mus’if
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.595

Abstract

This study examined siri polygamy (unregistered polygamy) in Madurese society, focusing on second and third wives and community leaders. It investigated the husband's "seriousness" as justification and assesses rights protection for women and children in these unregistered marriage. The analysis revealed tensions between tradition and state law, offering insights into contemporary Indonesian polygamous families. This study used qualitative study by applied a sociologicallegal approach, employing a case study method with in-depth interviews of six women in polygamous relationships in Madura. Conclusions: First, the husband's motive of "seriousness" in practicing siri polygamy was  locally interpreted as a sign of commitment through the husband's provision to his secret wife of a permanent residence, regular financial support, and assurance of a secure future for her and their children, whereas temporary housing tends to raise suspicions about the husband's long-term commitment. Second, the Madurese community views the intention behind serious "e kabenthal patheh" siri polygamy a sincere intention for religious devotion and a desire to live together as being demonstrated by those who provide permanent housing and regular monthly financial support. Third, most women agree to siri polygamy because their husbands give them high hopes of living together permanently, though these hopes sometimes fall short of their expectations.
Co-Authors Ach. Mus’if Adiyono Agustina Kumala Dewi Sholihah Holis Holis Imamuddin Lailatul Maghfiroh Rudi Hermawan Umi Indasyah Zahro Wasif Naif Nahar Daqamseh