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Concept And Theory Of Legal Subjects In Islamic Law Ending Solehudin; Watni Marpaung
ISNU Nine-Star Multidisciplinary Journal Vol. 1 No. 1 (2024): Vo.1 No.1 May 2024 :ISNU Nine-Star_INS9MJ
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v1i2.98

Abstract

This study explores the concept and theory of legal subjects (mukallaf) in Islamic law, focusing on individuals deemed responsible for carrying out legal obligations (taklif). A mukallaf is defined as a person who is mature, rational, and free from hindrances such as coercion or ignorance, ensuring they understand and accept the responsibilities and rights imposed upon them by Islamic law. The dynamic nature of the mukallaf, shaped by time and place, highlights the importance of aligning legal rulings with the conditions of legal subjects. The research employs a juridical-normative approach, analyzing primary sources of Islamic law, such as the Qur’an, Hadith, and classical legal texts. This method focuses on examining the normative aspects of legal subjects and their evolving role within the framework of Islamic jurisprudence. Secondary data from scholarly works on Islamic law are also utilized to deepen the analysis of the mukallaf's criteria and responsibilities. The findings reveal that the legal obligations imposed on mukallaf must take into account their rational capacity, which influences their ability to fulfill taklif. Changes in societal context necessitate the continuous adaptation of legal rulings to ensure fairness and relevance. The study underscores that reason (aql) plays a central role in determining legal accountability, with the presence or absence of reason dictating the nature of the obligations imposed. In conclusion, the concept of mukallaf reflects a balanced relationship between law and its subjects, where the application of Islamic law must remain responsive to the evolving conditions of individuals while adhering to the principles of Sharia.
DIVERGENT FATWA METHODOLOGIES ON BANK INTEREST: THE MUI FATWA COMMISSION AND THE DSN-MUI Asnan Purba; Ending Solehudin
International Journal of Multidisciplinary Reseach Vol. 2 No. 4 (2026): Agust
Publisher : International Journal of Multidisciplinary Reseach

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Abstract

This article examines why two fatwa bodies operating under the same organisational roof, the Fatwa Commission of the Indonesian Ulama Council (MUI) and the National Sharia Board (DSN-MUI), arrive at substantially different legal formulations when they confront the identical question of riba in financial transactions. The study adopts a qualitative design with a comparative-descriptive approach, drawing on documentary study and content analysis of fatwa texts alongside relevant usul al-fiqh literature. The findings indicate that the MUI Fatwa Commission relies predominantly on a textual-formal mode of reasoning, in which direct qiyas and takhayyur prevail, producing an absolute ruling that bank interest constitutes riba and is therefore unconditionally forbidden. The DSN-MUI, by contrast, follows a contextual-maqasidi path that combines istihsan, istislah, talfiq, and maqasid al-shari’ah, yielding technical rulings tailored to individual Islamic financial products. Three conditions account for this divergence: the differing composition of each body’s membership, the varying degree to which practical applicability is required, and the underlying paradigm of muamalah each body adopts. Viewed through comparative usul al-fiqh, the two approaches are better understood as complementary rather than contradictory, together forming a coherent and responsive structure of Islamic law.
Co-Authors Asnan Purba Watni Marpaung