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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman USRAH: Jurnal Hukum Keluarga Islam
Masruhan
Universitas Islam Negeri Sunan Ampel Surabaya
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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A Critical Gadamerian Review of M. Syuhudi Ismail's and Muhammad Syahrur's Readings of the Hadith on Female Leadership Ariangga Ramadhansyah; Masruhan; Fairuz Zakirah
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 11 No. 1 (2026): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v11i1.1360

Abstract

The hadith of Abu Bakrah on the prohibition of female leadership (Sahih al-Bukhari nos. 4425 and 7099) has become a battleground for competing paradigms in contemporary hadith hermeneutics. M. Syuhudi Ismail classifies it as a temporal-local hadith, thereby opening space for female leadership across all public domains; Muhammad Syahrur, through the framework of al-sunnah al-nabawiyyah and the theory of al-hudud, positions such hadiths as products of the Prophet's historical ijtihad that are not absolutely binding. This article examines both readings through the philosophical hermeneutics of Hans-Georg Gadamer, particularly the concepts of Vorurteil (prejudice), Wirkungsgeschichte (history of effect), and the rehabilitation of authoritative tradition. The study is library research employing a descriptive-analytical-critical method, drawing on primary hadith sources, classical commentaries (especially Fath al-Bari), the works of both figures, and recent secondary literature from the past decade. The findings are threefold. First, Syahrur performs a prejudice against prejudice, precisely what Gadamer rejects as Enlightenment dogmatism. Second, Syuhudi's temporal-local classification lacks operational criteria that would distinguish it from the imposition of a contemporary horizon upon the text. Third, a more defensible reading, both hermeneutically and according to the manhaj al-muhaddithin, situates the commentarial tradition as a productive Wirkungsgeschichte while preserving the classical distinction between al-wilayah al-uzma and other forms of women's public roles.
REINTERPRETING THE HADITH OF ‘AISYAH IN THE CONTEXT OF EARLY MARRIAGE: A MAQĀṢID AL-SHARĪ‘AH AND LEGAL ANALYSIS IN INDONESIA Waliyuddin Yusuf; Nur Laili Hidayati; Masruhan; Nurlailatul Musyafaah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/zk28y336

Abstract

The phenomenon of early marriage remains a complex social and legal issue in Indonesia, reflecting the gap between religious texts, legal regulations, and societal realities. This research departs from the debate on the hadith of the Prophet Muhammad's marriage to 'Aisha ra. which is often used as a justification for the practice of child marriage. The purpose of this research is to critically analyze the hadith through a socio-historical approach and maqāṣid al-sharī‘ah, and review its conformity with the provisions of Indonesian positive law. The research method used is normative legal research - perspective and qualitative study through literature analysis of the hadiths in Kutub al-Sittah, the views of classical fuqaha, and national legal policies such as Law No. 16 of 2019. The results of the study show that classical scholars permit al-saghirah marriage based on historical context, but contemporary scholars emphasize the need for contextual interpretation for the sake of child protection. The maqāṣid al-sharī‘ah approach emphasizes the importance of principles and maslahah to prevent physical and social harm. From a positive legal perspective, changing the marriageable age limit to 19 represents a harmonization of Islamic law and the principle of children's rights. This study concludes that the hadith of 'Aisyah should be understood as historical fact, not normative legitimacy, and emphasizes the need for adaptive and just Islamic legal ijtihad regarding the protection of children and families
Co-Authors Ariangga Ramadhansyah Fairuz Zakirah Nur Laili Hidayati Nurlailatul Musyafaah Waliyuddin Yusuf