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WAHBAH AZ-ZUHAILI AND MUHAMMAD SYAHRUR'S METHODS OF THINKING ABOUT MARRIAGE Hidayat, Riyan Erwin; Suharto, S.; Bahrudin, Moh.; Zaki, Muhammad
SMART: Journal of Sharia, Traditon, and Modernity Vol. 2 No. 1 June (2022)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v2i1.13118

Abstract

By the development of the times, of course the law will also experience various developments, as well as marriage law in Islam which follows the times according to human needs. The development of marriage law in Islam cannot be separated from the existence of Muslim scholars. Among these Muslim scholars are Wahbah az-Zuhaili and Muhammad Syahrur. Az-Zuhaili uses the Usul fiqh method in interpreting the laws regarding marriage, while Syahrur uses the hermeneutic method in interpreting the laws regarding marriage. The two of them certainly have different opinions, because the way of thinking and the method of interpretation used are different. Therefore, through this study, the two thoughts of these figures will be examined. The results showed that the two figures viewed marriage as a very solid contract. The difference of opinion between the two lies in the discussion of the dowry, where according to az-Zuhaili that the dowry is a gift from the husband to the wife, and the wife has the right to get it because of the contract or actual intercourse, while Syahrur said the dowry is an unconditional gift given by the husband to his wife. Likewise, there are differences of opinion in the provision of a living and in terms of divorce and polygamy.
MENGINTEGRASIKAN METODOLOGI HUKUM SUNNI KLASIK KE DALAM PEMIKIRAN EKONOMI ISLAM KONTEMPORER damara putra, riyan; Bahrudin, Moh.; Hilal, Syamsul
KASBANA Vol 6 No 1 (2026): Januari (IN PROGRESS)
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract This study aims to examine how classical Sunni legal methodologies in usul al-fiqh can be systematically integrated into the development of contemporary Islamic economic thought. The analysis is grounded in the central problem that modern Islamic economic practices often rely on fragmented or overly textual approaches, despite the rich methodological traditions of the Hanafi, Maliki, Shafi‘i, and Hanbali schools. Using a qualitative descriptive–analytical method based on doctrinal review, this research explores authoritative classical texts alongside contemporary regulatory documents, including DSN–MUI fatwas, to assess the relevance of qiyas, istihsan, maslahah-oriented reasoning, contractual clarity, and maqasid-based considerations for present-day economic governance. The findings indicate that the methodological strengths of the four schools can be synthesized to provide a coherent normative and practical foundation for addressing modern economic issues such as digital transactions, ethical finance, and sustainability. The study demonstrates that the integration of classical jurisprudential principles not only strengthens the legitimacy of Islamic economic policies but also enhances their adaptability to emerging challenges. This research contributes by offering an analytical framework that connects the epistemology of Islamic legal theory with contemporary policy formation, thereby promoting an Islamic economic system that is both principled and responsive to societal needs. Keywords : DSN-MUI, Islamic Economics, Sunni School of Law, Islamic Legal Methodology, Usul al-Fiqh
Kaidah Sadd Al-Dzari’ah dan Fathu Al-Dzari’ah sebagai Dasar Larangan Penjaminan Modal dalam Akad Mudhârabah Wiraputra, Jhody; Bahrudin, Moh.; Hilal, Syamsul
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1728

Abstract

This study critically and comparatively analyzes the justification for the prohibition and exception of capital guarantees in the Mudhârabah contract—an essential profit-sharing instrument in Islamic economics that functions as a contract of trust (akad amanah). Fundamentally, Mudhârabah requires the capital owner (shahibul māl) to bear the full risk of business loss. The absolute prohibition of capital guarantees by the manager (mudhārib) is strictly emphasized through the legal maxim Sadd al-Dzarī‘ah, as an implicit guarantee clause alters the essence of the profit-sharing partnership into an interest-bearing loan, which constitutes riba. However, in the context of contemporary Islamic finance, the need for asset protection as part of Maqāṣid al-Sharī‘ah allows for limited exceptions based on the principle of Fath al-Dzari‘ah, which permits liability for compensation only in cases of gross negligence or misconduct. The findings reveal that the principles of Sadd and Fath al-Dzari‘ah operate harmoniously as complementary mechanisms—the former preserving the integrity of the contract from usurious practices, and the latter ensuring institutional efficiency and sustainability by mitigating ethical risks—thereby enabling Mudhârabah to function fairly and securely in the modern market. Keywords: Fath al-Dzari‘ah, Mudharabah, Sadd al-Dzari‘ah
Tinjauan Ushul Fiqh tentang Status Kepemilikan Aset Digital Non-Fungible (NFT) dalam Perspektif Al-milkiyyah Ipando, Ogi Marsenal; Bahrudin, Moh.; Hilal, Syamsul
Jurnal Hukum Ekonomi Syariah Vol 4 No 2 (2025): Jurnal Hukum Ekonomi Syariah
Publisher : STAI Al Musaddadiyah Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37968/jhesy.v4i2.1737

Abstract

This paper examines the concept of al-milkiyyah (ownership) in relation to digital assets, specifically Non-Fungible Tokens (NFTs), from the perspective of Uṣūl al-Fiqh. The study aims to determine the legal status of ownership and the validity of NFT transactions within the framework of contemporary Islamic jurisprudence. Employing a normative legal research method with conceptual, normative, and sectoral approaches, this study draws upon classical fiqh literature, contemporary fatwas, and analyses of blockchain technology. Secondary data are qualitatively and comparatively analyzed to assess the compatibility of NFTs with the Islamic legal notion of property (māl) as defined in fiqh al-muʿāmalah (Islamic commercial law). The findings suggest that NFTs may be classified as legitimate property according to several contemporary scholars, as they possess economic value, market-recognized benefits, and exclusivity of ownership despite their non-physical form. Nevertheless, the validity of NFT transactions remains conditional: they are lawful only if the represented object is ḥalāl, free from gharar (excessive uncertainty) and maysir (gambling), and uses a Sharia-compliant payment medium. The use of non-compliant cryptocurrencies may invalidate the transaction. This paper argues that NFTs can be recognized as a modern form of Islamic ownership, provided that their use aligns with the principles of prudence, wealth protection (ḥifẓ al-māl), and harm prevention (mafsadah).  Keywords: Al-milkiyyah; Ownership; NFT; Uṣūl al-Fiqh; Fiqh al-Muʿāmalah; Digital Assets
REVIEWING THE INTERPRETATION OF 'ILMI ON THE COSMOLOGICAL VERSES OF THE QUR'AN IN CONTEMPORARY DISCOURSE Cahyono, Agung Mandiro; Bahrudin, Moh.; Mukti, Anwar; Fathoni, Ahmad Nur; Hakim, M. Luqman; Evannathan, M. Farrel
West Science Islamic Studies Vol. 1 No. 01 (2023): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v1i01.2505

Abstract

The integration of science in the interpretation of the Qur'an (tafsir 'ilmi), especially in cosmological verses, has become an important phenomenon in contemporary Islamic studies. This literature review aims to map the development, examine methods, and identify epistemological and methodological challenges in the approach. The research uses a literature study method with thematic content analysis, sourced from classical interpretation, scientific-modern interpretation, and academic studies on the epistemology of interpretation and cosmology. The results of the study show that the integration of science is carried out through various patterns, such as technical correspondence, apologetic confirmation, and conceptual harmonization. Cosmological verses such as QS. Al-Anbiya' 30, QS. Adz-Dzariyat 47, and QS. Yasin 38–40 was the main focus. However, this approach has been criticized for the risk of imposing meaning, reducing the theological message, and relying on tentative scientific theories. The epistemological challenge of bringing together transcendent and normative revelation with immanent and descriptive science is also a crucial issue. This study confirms that the sustainability of tafsir 'ilmi requires a rigorous methodology by placing the linguistic authority and context of the Qur'an as the main foundation. It is recommended that there be clearer methodological guidelines, multidisciplinary collaboration, and further research on the theme of cosmology with a philosophical-hermeneutical approach. The integration of science should ultimately lead to the deepening of faith and obedience, not merely scientific proof.
THE ISSUE OF RADICALISM IN THE INTERPRETATION OF THE QUR'AN: AN ANALYSIS OF JIHAD VERSES AND TOLERANCE IN CONTEMPORARY INDONESIAN INTERPRETATION Mukti, Anwar; Fathoni, Ahmad Nur; Hakim, M. Luqman; Cahyono, Agung Mandiro; Bahrudin, Moh.; Widiyaningrum, Kuni Maftukhati
West Science Islamic Studies Vol. 2 No. 01 (2024): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v2i01.2506

Abstract

Religious radicalism in Indonesia is often rooted in an interpretation of Qur'anic verses that are not comprehensive and taken out of context, especially those on jihad and tolerance. This article analyzes the issue of radicalism through a study of the interpretation of these verses in contemporary Indonesian interpretation, by examining Tafsir Al-Azhar, Tafsir Al-Misbah, as well as modern hermeneutical approaches such as ma'na--maghzā. The results of the study show that Indonesian mufassir affirms the meaning of jihad as a moral and spiritual struggle, not a legitimacy of violence. Meanwhile, the verses of tolerance are understood as the theological foundation for harmonious relations between religions in a pluralistic society. Previous research has also emphasized the importance of religious moderation and the role of educational institutions in preventing radicalism through the teaching of contextual and balanced interpretations. This article concludes that a comprehensive and moderate interpretation of the Qur'an is an important instrument in efforts to deradicalize and strengthen social harmony in Indonesia.
THE DEVELOPMENT OF CONTEMPORARY INDONESIAN INTERPRETATION: RESEARCH EPISTEMOLOGICAL TRENDS 2020–2025 Bahrudin, Moh.; Mukti, Anwar; Cahyono, Agung Mandiro; Hakim, M. Luqman; Fathoni, Ahmad Nur; Karim, Muhammad Burhanudin Nur
West Science Islamic Studies Vol. 2 No. 01 (2024): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v2i01.2507

Abstract

The development of Qur’anic exegesis in Indonesia between 2020 and 2025 demonstrates significant epistemological transformations driven by the growing need to interpret the Qur’an in ways that are contextual, interdisciplinary, and responsive to contemporary social dynamics. This study aims to map four major epistemological trends shaping the new direction of contemporary Indonesian tafsīr: the integrative paradox between classical tradition and modern methodology; the reformulation of feminist exegesis through the Qirā’ah Mubādalah approach; the expanding dialogue between the Qur’anic text and modern science, which shifts interpretation from literalism toward scientific contextualism; and the emergence of digital epistemology, which transforms the production, dissemination, and validation of tafsīr. Employing a qualitative-descriptive method grounded in Gadamerian hermeneutics and discourse analysis, this research examines exegetical works, academic studies, institutional documents, and digital tafsīr content produced between 2020 and 2025. The findings reveal that the epistemology of Indonesian tafsīr is moving toward a synthetic model that reaffirms textual authority while opening space for dialogue with contemporary realities. The integration of hermeneutics, maqāṣid al-sharī‘ah, multi-criteria validation theories, and digital technologies has generated an interpretive paradigm that is more reflective, adaptive, and oriented toward public welfare. This study concludes that such epistemological transformations not only enrich the methodology of Qur’anic exegesis but also offer new directions for the future development of Qur’anic studies in the modern era.
THE QUR'AN'S PERSPECTIVE ON THE PROHIBITION OF CATCALLING: A HERMENEUTIC, GENDER, AND SOCIAL PSYCHOLOGY ANALYSIS Hakim, M. Luqman; Fathoni, Ahmad Nur; Bahrudin, Moh.; Mukti, Anwar; Cahyono, Agung Mandiro; Azzahro, Ana Asyifa
West Science Islamic Studies Vol. 2 No. 02 (2024): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v2i02.2508

Abstract

Catcalling is a form of verbal sexual harassment that is often normalized in society, even though it has serious psychological impacts and reflects patriarchal power relations that are detrimental to women in public spaces. This study aims to analyze the prohibition of catcalling from the perspective of the Qur'an using hermeneutics, gender, and social psychology approaches. Through Qur'anic hermeneutics, verses such as QS. Al-Ahzab: 58, QS. An-Nur: 30–31, QS. Al-Hujurat: 11, QS. An-Nisa’: 148, and QS. Al-Isra’: 53 are interpreted as universal prohibitions against harassment, abusive language, and actions that demean human dignity. Gender analysis shows that catcalling is a social construct rooted in the patriarchal system, the objectification of women's bodies, and hegemonic masculinity. Meanwhile, social psychology reveals the effects of catcalling in the form of anxiety, decreased self-esteem, self-objectification, and restrictions on women's mobility. The integration of these three perspectives shows that catcalling contradicts the basic Qur'anic values of justice, honor, and social security. This study emphasizes that preventing catcalling requires a holistic approach through Qur'anic values-based education, deconstruction of patriarchal culture, and strengthening public regulations to make social spaces safer, more equitable, and dignified for all individuals.
DIGITAL INTERPRETATION IN THE SOCIAL MEDIA ERA: THETRANSFORMATION OF RELIGIOUS AUTHORITY AND THE CRISIS OF RELIGIOUS MODERATION Cahyono, Agung Mandiro; Mukti, Anwar; Hakim, M. Luqman; Bahrudin, Moh.; Fathoni, Ahmad Nur; Azzahro, Ana Asyifa
West Science Islamic Studies Vol. 3 No. 01 (2025): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v3i01.2509

Abstract

The development of digital technology and social media has fundamentally changed the way religious information is disseminated, shifting society's dependence from traditional religious institutions to the consumption of abundant digital religious content on the internet. This transformation has not only reshaped religious authority, but also increased the potential for a decline in religious moderation due to the spread of inaccurate, biased, and radical interpretations. This study aims to analyze the shift in religious authority in the context of Islamic interpretation in the digital age and explore the role of social media in spreading radical ideology. Through a qualitative approach using a systematic literature review of scientific publications from 2019 to 2025, thematic analysis shows a shift from hierarchical authority based on religious scholars and religious institutions to authority based on popularity on social media, which contributes to vulnerability to misinformation, fragmentation of religious understanding, and commodification of religion. Digital literacy emerges as a key factor in filtering religious information, but access to it is not yet evenly distributed among the public. This study concludes that the transformation of religious authority in the digital era is an inevitability that has dual impacts: it opens up opportunities for the democratization of knowledge but also has the potential to erode religious moderation. Therefore, collaboration between the government, religious institutions, and the community is needed to strengthen religious digital literacy and develop responsive content regulations.
LOCAL INTERPRETATION OF THE ARCHIPELAGO AND PRESERVATION OF CULTURAL IDENTITY: EPISTEMOLOGICAL AND CULTURAL ANALYSIS AND REVITALIZATION STRATEGIES IN THE ERA OF GLOBALIZATION Fathoni, Ahmad Nur; Hakim, M. Luqman; Cahyono, Agung Mandiro; Mukti, Anwar; Bahrudin, Moh.; Evannathan, M. Farrel
West Science Islamic Studies Vol. 3 No. 02 (2025): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v3i02.2510

Abstract

This study analyzes the role of local interpretations in the preservation of cultural identity and the urgency of their revitalization amid the currents of globalization and homogenization of religious interpretations. Using a descriptive qualitative approach based on literature review, this study examines Javanese, Sundanese, and Bugis interpretations; scientific articles related to vernacularization; and manuscripts and supporting documents on the development of local interpretations. The results show that local interpretations have distinctive epistemological and methodological characteristics through the integration of the Qur'anic text with cultural values, linguistic idioms, and the social structure of the local community. This tradition not only functions as a medium for religious understanding, but also as a vehicle for preserving regional languages, local scripts, and the formation of a grounded Islamic identity. However, the dominance of Middle Eastern interpretations, limited access to manuscripts, and a lack of regeneration of Islamic scholars pose serious challenges to the sustainability of local interpretations. This study offers revitalization strategies through manuscript digitization, curriculum integration, production of new works in regional languages, and collaboration in research and cultural activities. Thus, local interpretations are positioned as an important pillar of Islamic plurality in the archipelago as well as a foundation for the preservation of the nation's intellectual and cultural heritage.