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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Sejarah Peradaban Islam
Basarudin
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Interfaith Heirship in Islamic Jurisprudence: Exploring Ijtihad Approaches in Contemporary Legal Reforms Basarudin; Oyo Sunaryo; Fauzan Ali Rasyid
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6571

Abstract

This study explores the complex issue of interfaith heirship within the framework of Islamic jurisprudence, focusing on contemporary efforts to reinterpret traditional doctrines through ijtihad. Classical Islamic law generally prohibits non-Muslim heirs from inheriting from Muslim relatives, a stance rooted in historical socio-religious contexts. However, in response to evolving pluralistic societies and the growing demand for legal inclusivity, contemporary Muslim scholars and legal reformers have initiated various ijtihad-based approaches to reassess this prohibition. Employing a qualitative normative legal method, this research examines key classical texts, modern fatwas, and statutory reforms in selected Muslim-majority countries. The findings reveal a dynamic spectrum of scholarly opinions, ranging from strict adherence to traditional rulings to more progressive reinterpretations that emphasize maqasid al-shariah (the objectives of Islamic law), particularly justice, family unity, and human dignity. The study concludes that while doctrinal tensions remain, ijtihad presents a legitimate and evolving mechanism to harmonize Islamic inheritance law with contemporary legal and social realities, thereby promoting more inclusive and contextually responsive interpretations.
TUAN GURU HAJI MUHAMMAD NAJMUDDIN MAKMUN: KONTRIBUSI DAN PEMIKIRANNYA DALAM PENDIDIKAN DI LOMBOK TENGAH 1943-1970 M Basarudin; Suparman Jayadi
Batuthah: Jurnal Sejarah Padaban Islam Vol. 3 No. 1 (2024): Batuthah: Jurnal Sejarah Peradaban Islam
Publisher : Program Studi Sejarah Peradaban Islam Institut Agama Islam Darullughah Wadda'wah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/batuthah.v3i1.1350

Abstract

Just like in Java there is Kiai, in Sunda there is ajengan, in Sumatra there is buya, in Aceh there is teungku, in Madura there is bindara, and in the Nusa Tenggara region there is Tuan Guru Besar, abbreviated as TGB. He has contributions and thoughts in the educational aspect to guide the elderly and children. This article aims to find out the contributions and thoughts of TGH Muhammad Najmuddin Makmun. This research uses historical research methods which have four stages, namely, heuristics, criticism, interpretation and historiography. In this research, the results can be obtained that, TGH Muhammad Najmuddin Makmun was a scholar who was born in 1920 M and had studied in Mecca for several years with teachers there. In terms of his leadership, he is wise, charismatic, simple and does not differentiate between the social strata of society and the students he teaches, prioritizing equality. TGH Muhammad Najmuddin Makmun educational thought is to improve and increase the existence of Islamic teachings, by referring to the teachings of monotheism education so that it can be used as a process of formation or guidance based on the Islamic religion, so that students are able to carry out their humanitarian duties as well as possible and adhere firmly to strong faith and intentions. In his contribution, he put it into educating the community, both children and the elderly. Through thoriqot establishments to educate the elderly, as well as Islamic boarding schools to educate children.
Co-Authors Fauzan Ali Rasyid Oyo Sunaryo Suparman Jayadi