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Memahami Pola Ijtihad dalam Modernisasi Hukum Wakaf di Indonesia Islamy, Athoillah; Setiawan, Alfiandri; Yazid, Nuryasni
ASY SYAR'IYYAH: JURNAL ILMU SYARI'AH DAN PERBANKAN ISLAM Vol. 6 No. 1 (2021): Asy-Syar'iyyah Juni 2021
Publisher : FAKULTAS SYARIAH DAN EKONOMI ISLAM IAIN SYAIKH ABDURRAHMAN SIDDIK BANGKA BELITUNG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32923/asy.v6i1.1787

Abstract

This study aims to find the pattern of ijtihad in the renewal of waqf law in Indonesia as stipulated in Law No. 41 of 2004. The focus of the object of this research is Article 1 regarding the existence of waqf, Article 16 regarding waqf objects, and Article 40 concerning changes in the status of property. waqf. This research is a qualitative research in the form of literature review. This type of Islamic legal research is included in the category of philosophical normative legal research. The analytical theory used is the contemporary typology of ijtihad proposed by Yusuf al-Qaradawi. This research concludes that the construction of waqf legal reform in Article 1 regarding the existence of waqf, Article 16 regarding the object of waqf, and Article 40 regarding changes in the status of waqf assets tends to use the ijtihad intiqa'i approach, which is to choose a legal opinion of the classical fiqh school which is relevant to developmental conditions and needs of modern society. However, in article 40, the author considers that there is a selection of legal opinions from the jurisprudence schools that do not allow to sell or replace waqf objects which will cause problems in their application. This is because the waqf object in certain conditions can suffer damage and loss of benefit. Therefore, the legal construction in article 40 can be reconsidered.
Moderation of Homosexual Fiqh in Indonesia: A Study of The Huzaemah Tahido Yanggo’s thought Ariyadi, Ariyadi; Muzainah, Gusti; Setiawan, Alfiandri; Islamy, Athoillah; Susilo, Adib
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (775.918 KB) | DOI: 10.29240/jhi.v7i2.5462

Abstract

This study aims to identify the moderation of Huzaemah Tahido Yanggo's fiqh of the law of purity over homosexual acts. This is a qualitative research in the form of heirloom studies which uses a normative-philosophical approach. The paradigm of moderate fiqh conceptualized by M. Quraish Shihab becomes the theory of analysis. The results show that there is a paradigm basis for moderate fiqh in the construction of Huzaemah's fiqh on the law of purity over homosexual acts. This great conclusion can be seen from the following various aspects. The first aspect is the dimensions of the paradigm of fiqh al-maqashid and fiqh al-awlawiyat in the use of theological foundations that emphasize the realization of the benefit orientation of Islamic sharia, namely the regeneration of offspring (hifz al-nasl) and the protection of honor (hifz al-'ird). The second aspect is the paradigm pattern of fiqh al-muwazanat, and fiqh al-ma'alat in the basis of consideration of the impact of disease from a medical perspective, and violations of national legal norms in Indonesia. The pattern of the fiqh al-ma'alat paradigm can also be seen from Huzaemah's advice to the community and the government to realize preventive efforts, healing as well as rehabilitation and empowerment of homosexual actors to positive things. The theoretical implications of this study show that a holistic fiqh paradigm is needed in prohibiting homosexual acts, namely by involving multiple perspectives, such as medical, state norms, psychology and socio-cultural norms.
Trust, Technology, and Zakat: Understanding the Participation of Productive Muzakki Among Young Professionals in Islamic Philanthropy Maghfirah, Maghfirah; Anto, Irma Romi; Maulidizen, Ahmad; Syahrin, M. Alpi; Setiawan, Alfiandri
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/fj4a8z24

Abstract

The sustainability of zakat institutions in contemporary Muslim societies increasingly depends on the active participation of young professionals as productive muzakki. However, declining institutional trust and the rapid expansion of digital philanthropic platforms have reshaped patterns of religious giving. This article examines the interrelationship between trust, technology, and zakat participation among young professionals, focusing on how digitalization influences perceptions of accountability, transparency, and religious legitimacy in Islamic philanthropy. Employing a qualitative library-based approach, this study critically analyzes classical fiqh literature, contemporary Islamic economic thought, and recent interdisciplinary scholarship on digital religion and philanthropic behavior. The analysis reveals that trust functions as a multidimensional construct encompassing institutional credibility, procedural transparency, and perceived alignment with Islamic ethical values. Digital technologies—such as online payment systems, mobile applications, and data-driven reporting—emerge as double-edged tools: while they enhance efficiency and accessibility, they also generate new forms of skepticism related to data integrity, commodification of worship, and shifting religious authority. Among young professionals, zakat participation is increasingly shaped by rational-ethical considerations, including measurable social impact, governance standards, and value congruence, rather than purely normative obligations. This article argues that productive muzakki engagement in the digital age requires a reconceptualization of zakat governance that integrates technological innovation with ethical accountability and maqāṣid-oriented objectives. By proposing a conceptual framework linking trust formation, digital infrastructure, and religious motivation, this study contributes to broader debates on Islamic philanthropy, digital religion, and faith-based social finance. The findings offer theoretical insights for scholars and practical implications for zakat institutions seeking to strengthen legitimacy and long-term engagement among younger, professionally active donors.