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All Journal Islamic Circle Jurnal Syaikh Mudo Madlawan
Amrin Borotan
STAI Tuanku Tambusai Pasir Pengaraian
Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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REKONSTRUKSI KONSEP QIWAMAH (KEPALA KELUARGA) DALAM Q.S. AL-NISA’ AYAT 34 PERSPERKTIF MAQASID SYARI’AH AL SYATHIBI Adi Harmanto; Amrin Borotan
Jurnal Syaikh Mudo Madlawan: Kajian Ilmu-Ilmu Keislaman Vol. 2 No. 1 (2025): Jurnal Syaikh Mudo Madlawan
Publisher : LPPM IAI Dar Aswaja Rokan Hilir

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Abstract

Indonesian religious scholars and marriage regulations outline that the role of qiwamah or leadership in the family should and should only be in the hands of men. However, in the reality of some Indonesian family life, the rule does not work as it should, in das sollen. Because in fact, in das sein, found not a few women who became heads or leaders in their families. This view is based on the scholars' understanding of the interpretation of the concept of qiwamah stated in Q.S al Nisa' verse 34. This article aims to reinterpret the concept of the head of household or qiwamah written in Q.S al Nisa' which is gender-responsive using the theory  of maqashid shari'ah al Shatibi. The results showed that based on the review of the maqasid  shari'ah of Shatibi, who occupies the purpose of dharuriyyat that must exist in the concept of qiwamah is the fulfillment of income and the availability of parties who are able to lead in the household. Then those who occupy Hajyyat in qiwamah are those who carry out the fulfillment of the necessities of life and are leaders in the household between husband and wife. While occupying tahsiniyyat is about the form of leadership that will be carried out, it can be based on male leadership female leadership, or collective leadership, namely the division of leadership between the two.
Limitations of Viewing in Khitbah: A Comparative Study of the Thoughts of Ibn Hazm and Wahbah Az-Zuhaili and Their Relevance to Indonesian Muslim Culture Amrin Borotan; Sahrin
Islamic Circle Vol. 6 No. 2 (2025): Islamic Circle
Publisher : Prodi Hukum Ekonomi Syari'ah STAIN Mandailing Natal

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Khitbah is a pre-marital phase recognised in Islamic jurisprudence as a means of Ta’ruf before the marriage contract is concluded. One important issue in khitbah is the limits of what is permissible in terms of seeing one's prospective spouse, which in practice is often misunderstood and exceeds the limits of Sharia ethics, especially in the context of modern Muslim society. This study aims to analyse the concept of limits on seeing in khitbah according to fiqh, conduct a comparative study of the thoughts of Ibn Hazm and Wahbah Az Zuhaili, and examine its relevance to Indonesian Muslim culture. This study is a normative Islamic legal study with a comparative approach, using a literature study of classical and contemporary fiqh books as the main source. The results show that Ibn Hazm permits viewing all parts of the prospective spouse's body based on the textual approach of the Zahiriyah school of thought, while Wahbah Az Zuhaili limits it to only the face and both palms out of caution and to prevent mafsadat. In the context of Indonesian Muslim culture, where the meaning of khitbah has shifted to resemble dating, the views of the majority of scholars as explained by Wahbah Az Zuhaili are considered more relevant for maintaining pre-marital social ethics. This study emphasises that restrictions on viewing during khitbah have practical implications for the moral and social development of Muslim communities
Analysis of the Principles of Ushul Fiqh in Addressing the Acceleration of Innovation in Sharia-Compliant Digital Economic Products Hasir Budiman Ritonga; Amrin Borotan; Ahmad Rofi'i Harahap
Islamic Circle Vol. 7 No. 1 (2026): Islamic Circle
Publisher : Prodi Hukum Ekonomi Syari'ah STAIN Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/islamiccircle.v7i1.3072

Abstract

The innovation of digital economic products such as sharia e-wallets and sharia crowdfunding presents methodological challenges to the contemporary Islamic legal framework. This research aims to analyze the application of Ushul Fiqh principles as evaluative instruments for the dynamics of digital economic product innovation in Indonesia. The research method employed is qualitative with a normative-juridical approach and library research. The results indicate that the principle of al-ashl fi al-mu’amalah al-ibahah provides a space for legalizing technological innovation, while the principles of sadd al-dzari’ah and Maqasid Syari'ah function as risk mitigation instruments against gharar and speculation. The analysis of sharia e-wallets and crowdfunding suggests that sharia compliance relies not only on the formality of contracts but also on the accountability of fund management and consumer protection (hifdz al-maal). This study concludes that synergy between contemporary ijtihad, cross-disciplinary collaboration (fiqh experts, technologists, and economists), and the active role of fatwa institutions (DSN-MUI) is crucial in creating a harmonious, transparent, and equitable digital ecosystem.
Co-Authors Adi Harmanto Ahmad Rofi'i Harahap Hasir Budiman Ritonga Sahrin