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All Journal Analisis: Jurnal Studi Keislaman Jurnal Ijtimaiyya Walisongo: Jurnal Penelitian Sosial Keagamaan Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Manajemen Bisnis dan Keuangan Al-Mashrof: Islamic Banking and Finance KASBANA : Jurnal Hukum Ekonomi Syariah Smart: Journal of Sharia, Tradition, and Modernity Jurnal Hukum Ekonomi Syariah
Bahrudin, Moh.
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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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

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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
Co-Authors Ahmad Isnaeni Amrina, Dania Hellin Anita Wulandari, Anita Aslam, Mohd Mizan bin Mohammad damara putra, riyan Darajat, Ulfah Alfiyah Evi Ekawati Faisal Faisal Faisal, F. Hanif Hanif Hidayat, Riyan Erwin I. Istadi Ipando, Ogi Marsenal Iva Faizah Karimullah, Suud Sarim Milza, Anita Tri Moh. Mukri Muhammad Zaki Nasruddin, N. Noviyanti, Yeni Tri S. Suharto Suharto Suharto Susanto, Is Syamsul Hilal Syarif, Hazas Tamara, Oktia Tulus Suryanto Weny Rosilawati Wiraputra, Jhody