Muhammad Siddieq Al'Amin
Universitas Islam Negeri Syekh Wasil Kediri, Indonesia

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Rekonstruksi Maqasid al-Shariah Kontemporer: Analisis Kritis terhadap Kitab Maqasid al-Shariah bi Ab’ad Jadidah Muhammad Siddieq Al'Amin; Halil Thahir
Al-Kindi Vol. 2 No. 3 (2026): Agustus
Publisher : Al-Kindi

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This study aims to critically analyze the concept of maqasid al-shariah reconstruction offered in the book "Maqasid al-Shariah bi Ab'ad Jadidah". The book responds to the limitations of classical maqasid theory which tends to be static and less responsive to contemporary problems such as environmental crisis, mental health, freedom, and human dignity. Using qualitative library research with descriptive-analytical approach, this study examines the book's content, methodology, contributions, strengths, and weaknesses. The results show that the book successfully expands the scope of maqasid by proposing new dimensions: hifzh al-bi'ah (environmental protection), hifzh al-hurriyyah (freedom), hifzh al-karamah al-insaniyyah (human dignity), and the expansion of hifzh al-nafs to include mental health. The author's methodology includes four approaches: induction (istiqra'), textual analysis (nash), prophetic behavior (af'al nabawiyyah), and historical contextualization. This study concludes that the book makes a significant contribution to the development of contemporary maqasid, despite having technical weaknesses such as minimal visualization and normative discussion of sensitive issues.
Isu Kesetaraan Gender dalam Hukum Perkawinan Muhammad Siddieq Al'Amin; Zayad Abd. Rahman
Al-Kindi Vol. 2 No. 3 (2026): Agustus
Publisher : Al-Kindi

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This article aims to analyze the issue of gender equality in Islamic marriage law and positive law in Indonesia. The research method used is a literature study with a normative juridical and comparative approach. The findings show that although gender equality has a strong foundation in Islam and positive law, its implementation still faces challenges due to deeply rooted patriarchal cultural norms. Countries such as Tunisia and Morocco have succeeded in carrying out more progressive legal reforms compared to Indonesia and Malaysia, which are still constrained by traditional values. The conclusion of this article emphasizes that reinterpretation of classical legal texts and fiqh is needed so that marriage law is more relevant to contemporary social contexts without losing the fundamental values ​​of justice in Islamic teachings. Collaboration between government, ulama, and society is essential to creating a legal framework that protects women's rights while upholding the principles of justice, compassion, and human dignity.
Prinsip Perkawinan dalam Perspektif Fiqih Madzhab dan Kompilasi Hukum Islam: Korelasinya dengan Ketahanan Keluarga di Indonesia Muhammad Siddieq Al'Amin; Ulin Na'mah
Al-Kindi Vol. 2 No. 3 (2026): Agustus
Publisher : Al-Kindi

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Abstract

This study aims to analyze the principles of marriage according to fiqh schools and the Compilation of Islamic Law (KHI) and to evaluate the relevance of both frameworks to strengthening family resilience in Indonesia. The method used is library research with a normative-comparative approach. Primary data sources include classical fiqh books from four schools (Hanafi, Maliki, Shafi'i, Hanbali) and KHI, while secondary sources consist of SINTA-indexed journal articles and official reports from BKKBN and Religious Courts. The results show that fiqh schools emphasize six marriage principles, while KHI formulates similar principles with additional emphasis on registration, limited monogamy, and strict divorce procedures. Fundamental differences were found in three aspects: polygamy, ijbar rights, and registration obligations. The study concludes that the principles of kafa'ah, marriage registration, polygamy restrictions, and difficult divorce procedures are the most influential aspects of family resilience. Further empirical research is needed in areas with high divorce rates to examine the internalization of these principles in society.