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Imam Ash-Shafi'i's Opinion on Hajj without a Mahram and Its Relevance to the Present Day Dedi, Syarial; Yunarti, Sri
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7113

Abstract

This study aims to examine more deeply the opinion of Imam ash-Shafi'i regarding the pilgrimage for women without a mahram, and then see its relevance in today's times. Imam ash-Shafi'i has opinion that a mahram or husband is not obligatory for a woman in carrying out the pilgrimage, but on condition that the woman is protected from harming her body and soul and her honor. The majority of fiqh scholars are of the opinion that women must be accompanied by their mahram to perform the pilgrimage. According to the provisions of the Shari'ah, a woman may not travel alone but must be accompanied by her husband or mahram. Even the al-Hanafiyah school of thought argues that a mahram for women is a mandatory requirement for Hajj. This study is in the form of a character study categorized as library research. It used secondary data, either in the form of primary materials, tertiary secondary. Data analysis used heuristic, critics (internal and external), interpretation, and historiography. The results of this study suggest that Imam asy-Syafi'i's opinion which emphasizes law based on its 'illat, namely the factor of women's safety is very relevant to current conditions.
TELAAH PENDAPAT IBN QAYYIM AL-ZAWJIYAH TENTANG HUKUM TAWAF BAGI WANITA HAID Yunarti, Sri; Dedi, Syarial
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.12677

Abstract

The aims in this study is to construct women's jurisprudence by examining Ibn Qayyim's ijtihad regarding the permissibility of menstruating women performing tawaf. This is very interesting because there are clear provisions in the texts (the Qur'an and hadith) that prohibit such practice. Tawaf must be performed in a state of purity, considering that the ritual is performed inside the mosque, while there is a prohibition on entering the mosque in conditions of major impurity. This clearly shows the conflict between the texts and the product of ijtihad. This paper is a normative research in the form of a study of figures and is classified as literature research, commonly called qualitative research, and is supported by the approaches of fiqh and ushul al-fiqh. The data used is secondary data. Data collection was carried out by reading books by the figures discussed, namely: A’lam al-Muwaqiin an rab al-‘Alamin, by including literature related to this issue. The data analysis is inductive, consisting of content analysis through data reduction, data display, and a conclusion. This study concludes that Ibn Qayyim's opinion, which permits women to perform tawaf during menstruation, does not negate sacred law or ignore the provisions of the texts and the opinions of scholars, but rather links the provisions of the texts with sharia principles. This line of thinking pays close attention to the social conditions of society. This legal fatwa is still relevant to practice and can save women from the risks of consuming period-delaying pills.
A Phenomenological Insight into Institutional and Value Shifts Among Minangkabau Women: Implications for Understanding Muslim Minority Dynamics Yunarti, Sri; Sahid, Mualimin Mochammad; Dedi, Syahrial; Hesti, Kamila; Hasyiem, Lathifah
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3629

Abstract

This article examines the shifting role of women in Minangkabau society, the world's largest matrilineal Muslim community, where contemporary dynamics challenge traditional institutional structures and value systems. This research analyzes how social mobility, migration, and institutional changes affect Minangkabau women's position as Bundo Kanduang, situating findings within comparative perspectives on matrilineal Muslim communities in majority and minority contexts. The research employed a phenomenological approach involving observation, in-depth interviews with 40 informants across five West Sumatra districts (Tanah Datar, Agam, Lima Puluh Kota, Padang Pariaman, Solok), and document analysis. Data interpretation centered on women's lived experiences to understand institutional and value transformation dynamics. Results reveal women's roles shifted from collective matrilineal responsibilities to nuclear family focus, driven by external factors (globalization, education, inter-ethnic marriage) and internal factors (value reinterpretation, institutional desacralization). Traditional institutions like Rumah Gadang and Bundo Kanduang organizations experienced functional decline. Comparative analysis demonstrates that Minangkabau women in majority Muslim contexts navigate internally-driven changes with substantial adaptive space for syncretic shariah-adat negotiation, while matrilineal Muslim minorities face intense external pressures from dominant patrilineal legal frameworks, resulting in accelerated institutional transformation with constrained individual agency. Role transformation results from complex global-local interactions, with adaptation mechanisms differing systematically between majority and minority contexts. These findings illuminate Islamic family law's differential flexibility across socio-political settings and provide crucial insights for developing culturally sensitive policies supporting matrilineal Muslim communities navigating modernization pressures globally.