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All Journal Indonesian Journal of Shariah and Justice Mitsaq : Islamic Family Law Journal
Amran Nani
Institut Agama Islam Negeri Ternate
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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MUHAMMAD SHAHRUR’S THEORY OF LIMITS IN ISLAMIC LEGAL REASONING: AN EPISTEMOLOGY AND APLICATION IN ISLAMIC FAMILY LAW Ahmad Muhtar; Israwati Sibua; Amran Nani; Mujiburrahman Kautjil; Safri Nyong
Indonesian Journal of Shariah and Justice Vol. 6 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v6i1.288

Abstract

The “Limit Theory” (Nazhariyyah al-Hudud) was developed by Muhammad Syahrur as a response to the rigidity of classical Islamic jurisprudence, which is considered less capable of addressing contemporary social changes. This study examines Syahrur’s Limit Theory as a contemporary approach to Islamic legal reasoning (istinbath), focusing on its epistemological foundations, six geometric-typological patterns, and its application in Islamic family law. The research employs a qualitative library research method using a descriptive-analytical approach based on Syahrur’s principal works, especially al-Kitab wa al-Qur'an: Qira'ah Mu'ashirah, supported by relevant recent literature. The findings show that the Limit Theory categorizes legal rulings into six boundary models, including the minimum limit (al-hadd al-adna) and the maximum limit (al-hadd al-a'la), each representing a distinct framework for legal interpretation. Within these boundaries, Muslims are encouraged to exercise ijtihad in responding to changing social realities while remaining faithful to the principles of the Qur’an. The theory offers a flexible method for interpreting Islamic law, particularly in issues of inheritance and polygamy, by balancing textual authority with contextual justice. Syahrur’s approach contributes to the reconstruction of Islamic legal methodology, making it more responsive to contemporary challenges. However, it also remains controversial, especially among scholars who criticize its linguistic approach and its departure from established principles of classical Islamic jurisprudence. This study concludes that the Limit Theory should be understood as an alternative methodology for Islamic legal reform that deserves critical evaluation rather than unconditional acceptance.
PERLINDUNGAN HUKUM DAN HAK WARIS ANAK ANGKAT: STUDI KOMPARATIF HUKUM ISLAM, HUKUM PERDATA, DAN HUKUM ADAT Amran Nani; Mujibur Rachman Kautjil; Tamam Maliya; Djunaidi Usia
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/hty42v43

Abstract

Child adoption is a common social phenomenon in Indonesia. However, the plurality of legal systems applicable in Indonesia namely Islamic Law, Civil Law, and Customary Law gives rise to significantly different legal implications regarding the inheritance rights and legal status of adopted children. This study employs a normative juridical method using a comparative legal approach. The findings indicate that under Islamic Law, adoption does not sever the biological relationship between the adopted child and the biological parents. Consequently, an adopted child is not entitled to inherit ab intestato, but may receive a compulsory bequest (wasiat wajibah) of up to one-third of the estate. In contrast, Civil Law recognizes the legal severance of the relationship with the biological parents, granting the adopted child the status of a legitimate child and placing them among the first-class heirs. Meanwhile, Customary Law varies considerably across regions. In Java and Bali, adoption may transfer the child's status as an heir, whereas in strictly patrilineal societies such as the Batak community, adopted daughters face limitations in inheritance rights. This legal diversity requires a reconstructive understanding to ensure legal certainty and the protection of children's rights in Indonesia.
Co-Authors Ahmad Muhtar Djunaidi Usia Israwati Sibua Mujibur Rachman Kautjil Mujiburrahman Kautjil Safri Nyong Tamam Maliya