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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Millah: Journal of Religious Studies
Ahmad, Ridzwan
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Methodology of Reforming Islamic Law Fatwa Bahthul Masail Nahdhatu Ulama in Family Planning (KB) in Indonesia by the Maqasid Shari'ah Approach Hakim, Abdul; Ahmad, Ridzwan; Jaafar, Syed Mohd Jeffri Syed
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 1 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i1.2934

Abstract

This research aims to find out the renewal of NU (nahdatul ulama)'s fatwa of Bahsul Masail about the law of family planning (KB, keluarga Berencana, or family planning) in Indonesia, where it started from a law of haram, makruh, and halal. It specifies conditions through the maqasid shari'ah approach as a renewal of Islamic law. This study utilizes qualitative and descriptive analytical methods using a maqasid approach. In addition, the data that is obtained is analyzed descriptively by using deductive ideation methods. The results of this study are: 1) The reason for changing the legal fatwa on family planning( KB) from haram, makruh, and halal with condition is because of a new 'illat, namely the demands of the times. 2) Bahthul Masail NU agrees to the new fatwa under certain conditions. 3) The renewal of the new Family Planning Fatwa through the maqasid sharia approach can be carried out not only to avoid economic downturns but also to save the nation's children from caretakers, disease, low morality, faith, and crime, as well as other social ailments. Regarding the permissibility of the Bahtsul Masail Family Planning Program, NU has already paid attention to its goals (maqasid) and the conditions of society because family planning is essentially only a means or tool (wasail) to achieve goals (maqasid). Means for good and maslahah are considered permissible and sunnah, while means for evil and harm are considered makruh and unlawful.
Comparison of Fatwas on the Use of Menstrual Delay Medications for Women During Ramadan Between Dar al-Ifta' al-Misriyyah and the Indonesian Ulema Council (MUI) from the Perspective of Maqasid al-Shari’ah Hakim, Abdul; Ahmad, Ridzwan; Syed Jaafar, Syed Mohd Jeffri
Millah: Journal of Religious Studies Vol. 24, No. 1, February 2025
Publisher : Program Studi Ilmu Agama Islam Program Magister, Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/millah.vol24.iss1.art15

Abstract

This study aims to compare the fatwa on the use of menstrual delay medicine for women in Ramadan issued by Dar al-Ifta' al-Misriyyah and the Indonesian Ulema Council (MUI) from the perspective of maqasid al-shari'ah. Both institutions play an important role in determining sharia law for Muslims in their respective countries. The main focus of this study is how the fatwas issued are in line with the principles of maqasid al-shari'ah, namely fulfilling the kulliyyat al-khams and i'tibar al-maal. The comparative method was used to analyse the similarities and differences in the legal approaches taken by these two institutions. Data collection was carried out through documentation and comparison methods, while data analysis was also carried out through descriptive qualitative methods by making maqasid al-shari'ah the main measuring stick. The result of the study shows that the fatwa of Dar al-Ifta' al -Misriyyah tends to be more open in allowing the use of drugs to delay menstruation in the month of Ramadan with certain conditions that prioritise health safety. In contrast, MUI's fatwa is more cautious, emphasises the health aspect as a priority, and does not recommend the use of period-delaying drugs in Ramadan except in emergencies. This difference reflects the diversity of understanding of maqasid al-shari'ah in responding to contemporary needs regarding women's acts of worship. It is hoped that the results of this study will provide a deeper understanding of the sharia implications of using a menstrual delay medicine in Ramadan and how maqasid al-shari'ah is applied in these fatwas.
Co-Authors Abdul Hakim Jaafar, Syed Mohd Jeffri Syed Syed Jaafar, Syed Mohd Jeffri