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All Journal Islamic Review : Jurnal Riset dan Kajian Keislaman Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Al-Hukama: The Indonesian Journal of Islamic Family Law Journal of Islamic Economics Studies and Practices (JIESP).
Assulthoni, Fahmi
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Maslahah Terhadap Konsep Kafa’ah dalam Tradisi Perkawinan di Kalangan Pesantren Pamekasan Assulthoni, Fahmi
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 8 No. 1 (2018): Juni
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/al-hukama.2018.8.1.28-52

Abstract

One of the factors that can influence family harmony is the condition of balance between husband and wife. The phenomenon in some Islamic boarding house (pesantren) in Pamekasan show new things in the implementation of kafaah in a marriage system. Many of the kyais (the figures) mate and marry their sons and daughters with the closest people or from the same level and class. This research uses descriptive qualitative method and observation, interview, and documentation study to obtain data. The results obtained from this research are: in the process of choosing a mate to their sons, they as parents prefer and emphasize on the factors of the same nasab. The goal is for the struggle of continuing their Islamic boarding school, the creation of kinship with other kyais and so on. According to the perspective maslahah, such marriages can be justified. First, because there is a basis of the Qur’an and the hadiths affiliated with it. Second, the purpose of marriage with consideration of comparability will lead to many benefits. Third, the concept of maslahah itself requires that human beings get ease in a matter, and avoid the difficulties that hinder it later.
Reconstructing Fiqh Muamalah for the Digital Age : A Framework for Shariah-Tech Integration Mansur, Mansur; Assulthoni, Fahmi; Nikmah, Fathiyatun; Masithoh, Fitria Nur
Journal of Islamic Economics Studies and Practices Vol. 4 No. 2 (2025): Desember
Publisher : Institut Agama Islam YPBWI Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54180/jiesp.2025.4.2.150-159

Abstract

Fiqh Muamalah Iqtishadiyah, as the legal framework for Islamic economics, faces transformative challenges amidst the rapid development of the digital financial landscape. This article aims to provide a critical review of the classical paradigm of Fiqh Muamalah Iqtishadiyah and identify opportunities and challenges for its integration into contemporary digital financial systems. Employing a descriptive-analytical qualitative approach and an in-depth literature study, this research analyses the gap between the theoretical constructions of traditional fiqh muamalah and the operational demands of the digital economy, including Shariah fintech, cryptocurrency, smart contracts, and digital-based funding platforms. The study's findings indicate that while fundamental principles such as al-'uqud (contracts), the prohibition of riba (usury), gharar (excessive uncertainty), and maysir (gambling) remain relevant, the classical paradigm faces limitations concerning contract mechanisms, transaction oversight, and consumer protection in the digital ecosystem. On the other hand, significant opportunities for integration are found through the reinterpretation (ilhaq) of the concept of 'urf (custom), the strengthening of digital Shariah standards (Shariah Compliance Tech), and the development of hybrid models that accommodate blockchain and artificial intelligence. This article concludes that the transformation of Fiqh Muamalah Iqtishadiyah is not only necessary but inevitable, proposing an evolutionary framework that combines the resilience of normative Islamic values and the flexibility of technological adaptation. The implications of this study provide direction for regulators, academics, and practitioners in designing a robust, inclusive, and competitive Islamic financial architecture for the digital era.
RETHINKING ISLAMIC DIVORCE LAW IN INDONESIA THROUGH JASSER AUDA’S SYSTEMS APPROACH Assulthoni, Fahmi
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14501

Abstract

The rising rate of divorce in Indonesia reveals a widening gap between normative legal regulations and the evolving social realities of Muslim families. Islamic family law, which aims to preserve marital harmony, is often perceived as overly formalistic and insufficiently responsive to contemporary social and gender dynamics. This study examines Islamic divorce law in Indonesia through the systems theory developed by Jasser Auda within the broader framework of maqasid al-shari‘ah. Using a normative legal approach with qualitative analysis of statutory regulations, the Kompilasi Hukum Islam, Supreme Court regulations, and selected judicial decisions, the study operationalizes the six features of Auda’s systems theory cognitive nature, wholeness, openness, interrelated hierarchy, multidimensionality, and purposefulness to analyze the structure and implementation of divorce law. The findings reveal several systemic weaknesses, particularly in the effectiveness of mediation, the enforcement of post-divorce financial obligations, and the legal protection of women and children. These issues indicate that divorce regulation operates within a complex interaction between legal norms, judicial practices, and changing social conditions. The study therefore argues that Islamic divorce law in Indonesia should be understood as an open and evolving legal system rather than a purely doctrinal framework. By applying Auda’s systems perspective, this research contributes to extending maqasid analysis beyond normative interpretation toward a systemic evaluation of contemporary Islamic family law.
Integrating Kyai’s Authority into Sharia Mediation: A Socio-Legal Approach to Legal Pluralism and Family Law Harmony in Madura Mohsi, Mohsi; Muchlis, Muchlis; Assulthoni, Fahmi
Islamic Review: Jurnal Riset dan Kajian Keislaman Vol 15 No 1 (2026): April 2026
Publisher : Mafapress - Lembaga Penelitian dan Pengabdian Masyarakat (LPPM) IPMAFA Pati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35878/islamicreview.v15i1.2203

Abstract

This study investigates the pivotal role of the Kyai in Sharia mediation and the integration of their religious authority with the Indonesian national legal system within family law disputes in Madura. Utilizing a qualitative socio-legal approach, the research explores the dynamics of legal pluralism and the harmonization between Sharia and state law. The findings reveal that while the Madurese community predominantly favors Sharia mediation led by Kyais due to high social trust, these religious figures do not operate in isolation from formal law. Instead, Kyais actively bridge the gap by considering state legal frameworks, particularly in protecting women’s rights during divorce and inheritance disputes. This study proposes the concept of "religious authority-based legal pluralism," where Kyais act as socio-legal mediators who negotiate and reinterpret the relationship between religious norms and formal statutes. The research concludes that moderate legal integration, facilitated by local authorities, is essential for creating equitable, socially acceptable, and legally valid solutions in multicultural societies.
Co-Authors Mansur Mansur Masithoh, Fitria Nur Mohsi, M Muchlis Muchlis Nikmah, Fathiyatun