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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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Journal : islamic circle

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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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Abstract

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