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All Journal USRATY : Journal of Islamic Family Law Hakamain: Journal of Sharia and Law Studies
Hairullfazli Bin Mohammad Som
Universiti Islam Selangor
Law, Crime, Criminology & Criminal Justice

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From Fiqh to National Law: Transformation of Legal Maxims in Indonesian Marriage Law Muhammad Fadhlan Is; Jhon Tyson Pelawi; Fery Ramadhansyah; Hairullfazli Bin Mohammad Som
USRATY : Journal of Islamic Family Law Vol. 3 No. 2 (2025): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i2.11671

Abstract

This study aims to explain the nature and legal status of qawāʿid fiqhiyyah according to Islamic legal scholars and to analyze their relevance and functional transformation in Indonesian marriage regulations, particularly the Compilation of Islamic Law. This library-based study employs a qualitative approach, drawing on classical and contemporary books, legal texts, and scholarly works concerning fiqh legal maxims, Islamic legal theory, jurisprudence, and marriage law. Data were collected through systematic literature study and analyzed using content analysis and descriptive analysis. The findings indicate that fiqh legal maxims constitute generalized principles formulated through jurists’ extensive reasoning concerning recurring fiqh issues and generally possess a ẓannī status. Their evidentiary position encompasses complementary and, according to some scholarly views, independent functions; nevertheless, the majority of scholars recognize them primarily as complementary evidence in legal determination. The study further identifies substantial relevance between fiqh legal maxims and Indonesian marriage regulations, particularly the Compilation of Islamic Law, across ten areas, including marriage registration, mahr, marriage agreements, ta‘līq al-ṭalāq, marital rights and obligations, marriage prohibitions, and ‘iddah. The study concludes that the movement from fiqh to national law reflects a functional transformation whereby legal maxims provide interpretive and complementary principles within a codified marriage-law framework. Academically, this study contributes to understanding how classical Islamic legal reasoning is adapted and incorporated into contemporary Indonesian marriage law.
Human Rights, Islam, and the West: Rethinking Convergence in Contemporary Islamic Law Hamdani Hamdani; Saiful Amin; Hairullfazli Bin Mohammad Som
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1677

Abstract

This study examines the convergence between human rights and Islamic law in contemporary debates between Islam and the West, focusing on their normative and philosophical foundations. It aims to identify the possibilities and limitations of reconciling universal human rights principles with Islamic legal values. This study employs normative legal research using conceptual, philosophical, and statutory approaches. Data are collected through an analysis of Islamic legal thought, international human rights frameworks, and contemporary scholarly debates on human dignity, equality, religious freedom, and cultural diversity. The findings indicate that the relationship between human rights and Islamic law cannot be adequately understood through a binary opposition between Islam and the West. Convergence is possible through contextual interpretation, critical engagement with classical Islamic jurisprudence, and the reconstruction of legal principles in response to contemporary social realities. Islamic legal values, particularly justice, human dignity, equality, and public welfare, provide foundations for engaging with human rights discourse. However, tensions remain regarding gender equality, religious freedom, and the relationship between religious norms and state authority. This study concludes that meaningful convergence requires neither the uncritical adoption of Western legal paradigms nor the rigid preservation of inherited interpretations of Islamic law. Instead, it requires a dialogical and context-sensitive approach that acknowledges shared ethical commitments while critically addressing normative differences. Academically, this study contributes to contemporary Islamic legal scholarship by proposing a framework for understanding human rights convergence as an ongoing process of normative negotiation, interpretive renewal, and cross-cultural engagement.
Co-Authors Fery Ramadhansyah Hamdani Hamdani Jhon Tyson Pelawi Muhammad Fadhlan Is Saiful Amin