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All Journal Asy-Syariah Al Hurriyah : Jurnal Hukum Islam
Rasty Azizah Putri
Universitas Islam Negeri Imam Bonjol Padang
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Dialectics of Islamic Law: Classical Ijtihad in Addressing Modern Legal Challenges Rasty Azizah Putri; Hamda Sulfinadia; Sobhan Sobhan; Bakhtiar Bakhtiar
Alhurriyah Vol 11 No 1 (2026): June 2026
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v11i1.10494

Abstract

This research examines the relevance of classical Islamic legal methodology in addressing contemporary legal challenges. Although various studies have discussed the historical development of Islamic legal thought and the contributions of the imams of the schools of thought, studies on the dialectical relationship between classical ijtihad and modern legal issues are still limited. This research aims to analyze the ijtihad methods of Abu Hanifah, Malik ibn Anas, al-Syafi'i, and Ahmad ibn Hanbal and their relevance in the contemporary context. This research uses a qualitative method with a historical-comparative approach through literature review. The results show that classical ijtihad methodology remains dynamic and adaptive. Each imam has his own characteristic methods, such as ra'y and istihsan (Abu Hanifah), ‘amal ahl al-Madinah and maslahah (Malik), systematic qiyas  (al-Syafi'i), and a hadith based approach (Ahmad ibn Hanbal), which provide a flexible basis for legal reasoning. This approach remains relevant in responding to contemporary issues such as Islamic finance, digital technology, artificial intelligence (AI) including automated fatwa systems, and bioethics through a reinterpretation of classical principles. This research confirms the dialectical interaction between classical legal thought and contemporary realities and demonstrates that classical Islamic legal methodology can be reconstructed as a flexible analytical framework.
Women’s autonomy in marriage: A comparison of the marriage guardians of widows in the Sunni and Shia schools of thought in Muslim countries Rasty Azizah Putri; Tiswarni Tiswarni; Efrinaldi Efrinaldi
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2604

Abstract

This study aims to analyze the position of guardians in marriages for widows from the perspective of the Sunni schools of thought (Shafi'i, Maliki, Hanbali, and Hanafi) and compare it with the Shia Ja'fari school. The debate over the position of guardians in marriage contracts is a classic issue in the jurisprudence of munakahat (jurisprudence) and remains a significant topic of discussion in Islamic family law. The differences in views among these schools reflect the varying interpretations of scholars regarding women's authority to contract marriage, particularly for adult women such as widows.This study uses a normative legal method with a comparative approach through analysis of classical Islamic jurisprudential literature, family law regulations in several Muslim countries, and related academic studies. The results show that the majority of Sunni schools of thought, particularly the Shafi'i, Maliki, and Hanbali schools, require a guardian as a pillar or requirement for the validity of marriage, while the Hanafi and Shia Ja'fari schools provide greater leeway for adult women, including widows, to contract marriage independently.These differing views are also reflected in family law practices across Muslim countries. Indonesia and Malaysia, influenced by the Shafi'i school of thought, still require a guardian for marriage, while Iran, based on the Ja'fari Shia school, grants widows greater authority to marry independently. Meanwhile, Iraq and Jordan, influenced by the Hanafi school, demonstrate a more moderate approach, allowing some degree of autonomy for women within marriage.
Co-Authors Bakhtiar, Bakhtiar Efrinaldi Efrinaldi Hamda Sulfinadia Sobhan, Sobhan Tiswarni Tiswarni