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All Journal Al-Ahkam Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam
Marwadi Marwadi
Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Nursing Public Health

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Islamic Legal Thought of a Modernist Islamic Organization: A Study of Family Law Fatwas According to Persatuan Islam Marwadi Marwadi; Mughni Labib
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.235

Abstract

This article aims to analyze the family law thought of Persatuan Islam (Persis) and examine its relevance within the framework of contemporary Islamic legal thought. The study employs a library research method with a qualitative-descriptive approach. The primary sources consist of fatwas issued by the Persis Hisbah Council, which are analyzed using theoretical hermeneutics and discourse analysis. The discussion focuses on four major issues of family law: the legality of marrying a pregnant woman, the legal status of children born out of wedlock, family planning, and in vitro fertilization (IVF). The findings indicate that Persis is characterized by a legal orientation toward the purification of Islamic teachings, placing the Qur’an and Sunnah as the principal sources of legal reasoning (istinbāṭ). Regarding the issue of marrying a pregnant woman, Persis emphasizes the protection of lineage (nasab) by prohibiting marriage until childbirth has occurred. In the case of children born out of wedlock, Persis demonstrates a more progressive tendency by recognizing a lineage relationship with the biological father under certain conditions as a means of safeguarding children's rights. Concerning family planning, Persis permits temporary birth regulation for the welfare of the family while rejecting permanent birth limitation without legitimate sharīʿah-based reasons. With respect to in vitro fertilization, Persis allows IVF procedures involving sperm and ova from a legally married couple, while prohibiting third-party involvement due to its potential to compromise the purity of lineage. The analysis from the perspective of contemporary Islamic legal thought reveals that Persis selectively integrates a textual approach with considerations of maqāṣid al-sharīʿah. The family law thought of Persis thus represents a reformist-puritan orientation that seeks to respond to contemporary social and technological developments without departing from the fundamental principles of Islamic law.
Traditional Islamic Legal Epistemology in Pesantren’s Practice of Ḥisāb Marwadi Marwadi; Eva Mir'atun Niswah; Muhammad Fuad Zain; Ahmad Rezy Meidina; Muhammad Akmal Kafi
Al-Ahkam Vol. 35 No. 2 (2025): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.2.27687

Abstract

This study examines the epistemological basis behind the choice of four traditional Islamic boarding schools affiliated with Nahdlatul Ulama (NU) in East Java to prioritize ḥisāb (astronomical calculations) over ru'ya (crescent sighting) in determining the beginning of the Hijri month, even though NU institutionally prioritizes ru'ya. Through qualitative, empirical-legal research based on interviews, document analysis, and field observations, this study shows that the practice of ḥisāb is not merely a technical choice, but rather an expression of an epistemic orientation rooted in classical astronomical literature, the continuity of scientific chains of narration, and burhānī reasoning that emphasizes rational certainty. The use of ḥisāb is legitimized by classical al-Shāfi'iyya fiqh and the pesantren ethos, which emphasizes that knowledge must be put into practice (taṭbīq al-‘ilm). Thus, ḥisāb functions as a marker of scholarly authority, legal certainty, and the pesantren's institutional identity. Despite technical variations, all four pesantren demonstrate a common epistemological commitment: the integration of the bayānī textual approach with the burhānī scientific rationality. This study highlights how traditional institutions negotiate textual authority and scientific rationality in contemporary religious practice.
Co-Authors Ahmad Rezy Meidina Eva Mir'atun Niswah Mughni Labib Muhammad Akmal Kafi Muhammad Fuad Zain