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All Journal Journal of Sharia and Legal Science
Lola Yuanda Arlinza
Universitas Islam Negeri Salatiga
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Fiqih Al-Aqalliyyat dalam Perspektif Wasathiyyah: Analisis Pemikiran Abdullah bin Bayyah Lola Yuanda Arlinza; Moh Khusen; Saskia Afridah; Suke Indah Khumaero
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1574

Abstract

This study aims to analyze in depth the concept of fiqh al-aqalliyyat from the perspective of wasathiyyah based on the thought of Abdullah bin Bayyah, as well as explain the contribution of this concept to the development of minority Muslim fiqh today. The focus of the research is on the methodological aspect in the formation of Islamic law for minority Muslim communities who often face conflicts between the normative provisions of sharia and modern social conditions. This study uses a qualitative approach with normative and conceptual analysis methods of the main work of Abdullah bin Bayyah as a primary data source, supported by various jurisprudence literature and contemporary Islamic thought. The findings of the study show that there is a pattern of legal thinking that emphasizes maqāṣid al-syarī'ah, the principle of maslahat, and the value of moderation (wasathiyyah) as the main framework in Fiqh al-Aqalliyyat. The conclusion of the study underlines that the added value of this study lies in the systematic elaboration of the relationship between wasathiyyah and Fiqh al-Aqalliyyat, which has not been explicitly explained in previous research.
Keabsahan Akad Nikah Virtual di Era Digital: Studi Reaktualisasi Kaidah Al-’Adah Muhakkamah Lola Yuanda Arlinza; Tri Wahyu Hidayati; Saskia Afridah; Suke Indah Khumaero; Ris'an Rusli
Journal of Sharia and Legal Science Vol. 4 No. 2 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i2.2244

Abstract

The development of digital technology has brought the emergence of the practice of virtual marriage contracts, thereby triggering a debate about its validity according to Islamic law. This study aims to analyze the validity of virtual marriage through the reactualization of the rules of al-'adah muhakkamah and to identify the relevance of these rules in responding to social and technological changes in the digital era. This research focuses on the position of marriage contracts carried out through virtual media and the extent to which new habits in the digital society can be considered in legal aspects. This research uses a qualitative research method with a normative approach conducted through a literature study of Islamic legal sources, fiqh principles, laws and regulations, and literature related to digital transformation. The results of the study show that a marriage contract that is carried out virtually can basically be considered valid if it meets the principles and requirements of marriage. Including the certainty of the identity of each party, the existence of guardians, witnesses and the guarantee of the continuity of the ijab process and Kabul. The rules of al-'adah muhakkamah provide a flexible basis for the acceptance of the practice as a new custom that does not conflict with the principles of sharia. This study concludes that there is a need for a reactualization of fiqh rules to respond to the changes that occur in the digital society, as well as contribute to the development of Islamic family law that is responsive to technological advances.
Co-Authors Moh Khusen Ris’an Rusli Saskia Afridah Suke Indah Khumaero Tri Wahyu Hidayati