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All Journal FIKRI : Jurnal Kajian Agama, Sosial dan Budaya Edukasi Islami: Jurnal Pendidikan Islam El-Usrah: Jurnal Hukum Keluarga
Zahrul Mubarrak
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Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Customary Sanctions in the Perspective of Fiqh: Local Wisdom and Social Harmony in North Aceh Muslem Muslem; Syahrizal Abbas; Mursyid Djawas; Zahrul Mubarrak; Supriadi Supriadi
Fikri : Jurnal Kajian Agama, Sosial dan Budaya Vol. 8 No. 2 (2023): Fikri : Jurnal Kajian Agama, Sosial dan Budaya
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jf.v8i2.5677

Abstract

The customary law practiced within a community reflects a system of values and norms passed down through generations. One such regulation is the prohibition of activities such as farming, gardening, and fishing on certain days particularly on Fridays as a form of respect for the obligation of performing Friday prayers. This study aims to examine the philosophical foundations, alignment with Islamic jurisprudence (fiqh), and the effectiveness of the implementation of customary sanctions in North Aceh Regency. The study reveals the complex interaction between traditional customs and the principles of Islamic law in the formulation of these sanctions. The research employs an empirical juridical method, with a normative approach focusing on the analysis of customary legal norms prevailing in the local community. The subjects were selected through purposive sampling, involving interviews with religious leaders (ulema), traditional leaders, mukim, customary institutions, and the local community of North Aceh. The findings indicate that the philosophical rationale behind the formulation of customary sanctions in North Aceh aligns with fiqh principles, aiming to preserve traditional values and local culture as integral components of community life. These sanctions are based on principles of justice, solidarity, social responsibility, and social order, with the goal of restoring communal harmony disrupted by violations of local norms. The formulation process involves collaboration between Islamic scholars and traditional leaders through the study of Islamic texts, the Qur’an, and Hadith, alongside discussions about local customary practices. The implementation of customary sanctions is considered effective, as it continues to be respected and upheld by the community. However, challenges persist in the form of declining knowledge and concern among younger generations regarding customary law. This study recommends the preservation of customary values rooted in Islamic principles through educational and participatory approaches across generations.
The Urgency of the Islamic Law and Contemporary Societal Challenges: The Flexibility of al-Maslahah in Determining the Hierarchy of Maqāṣid al-Sharīʿah Mubarrak, Zahrul; Abu Bakar, Imran; Hamdani, Muslem; Musrizal, Musrizal; Khalilullah, Khalilullah
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/pxydd884

Abstract

This study explores the elasticity of the concept of al-maslahah in determining the hierarchy of maqāṣid al-sharīʿah, a critical issue in the development of contemporary Islamic legal thought. The central research question addresses how al-maslahah, as a foundational legal principle, can guide the prioritization within the maqāṣid framework and how its flexibility influences the formulation of the Islamic law in the modern era. This study positions al-maslahah as a key element in the methodology of legal istinbāṭ, facilitating the classification of legal objectives into three primary categories: ḍarūriyyāt (necessities), ḥājiyyāt (needs), and taḥsīniyyāt (embellishments). Employing a normative legal method and a maslahah-based approach, the research conducts a comparative analysis of classical and contemporary scholarly perspectives. The data is drawn from core Islamic legal sources the Qur’an, Hadith, and scholarly writings both supporting and critiquing the concept sourced from authoritative books and peer-reviewed journal articles. The findings reveal that while some variation exists in the formulation of the maqāṣid hierarchy, the majority of scholars continue to adhere to the classical structure established by Imam al-Ghazālī, encompassing five essential protections: religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). However, contemporary scholars such as Jasser Auda and Ali Jumʿah advocate for a more dynamic and contextualized interpretation of this hierarchy to better address present-day challenges. This study underscores that the elasticity of al-maslahah plays a vital role in preserving the relevance of maqāṣid al-sharīʿah, while also stressing the need for clear boundaries to prevent the erosion of sharia’s core principles. In this context, the research affirms the critical role of Islamic law in responding to contemporary societal challenges.
The Urgency of Islamic Education In Improving Understanding The Tarjih Maslahah For Mafsadah In The Istinbat Of Islamic Law (Method Analysis Imam ‘Izzuddin Bin Abdussalam) Mubarrak, Zahrul; Asmuni; Adly, Muhammad Amar
Edukasi Islami: Jurnal Pendidikan Islam Vol. 12 No. 04 (2023): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v12i04.6550

Abstract

This research focuses on looking at the urgency of Islamic education in expanding understanding of maqashid sharia in the concept of ushul fiqh, Islamic education is important for expanding understanding of maslahah and mafsadah in legal istinbath methodology, and describes the methods proposed by Izzudin to resolve the contradiction between maslahah and sorry. This research includes qualitative research which is descriptive analysis with a logical and historical philosophical approach. The data collection technique used is library research. The primary source for this research refers to the book Qawaid al-Ahkam fi Masalih al-Anam and the book Syajarat al-Ma'arif wa al-Ahwal wa Salih al-Aqwal wa al-A'mal. These findings explain that the concepts of maslahah and mafsadah in Islamic law will become more optimal if their understanding is strengthened and disseminated through Islamic education, especially those closely related to maqashid sharia. Maslahah supports the objectives of sharia in kulliyah khamsah, while mafsadah contradicts it. Proposals to reconstruct maqashid sharia independently of kulliyah khamsah were rejected because they usually only combined or complemented existing principles. Maslahah and mafsadah are important elements in Islamic legal istinbath, and must be managed within the framework of sharia dhawabith to avoid subjectivity and legal instability. Izzudin offers four methods to resolve the contradiction between maslahah and mafsadah, namely jam'u (merging), tarjih (weighing), takhyir (selection), or tawaqquf (termination). He emphasized that the contradiction between these two concepts is often only relative and depends on perspective, suggesting to assess the dominance of one aspect over the other in a given situation. This will of course be more optimal if it is conveyed and emphasized through the participation of Islamic education, so that discussions related to tarjih maslahah on mafsadah, especially in the study of Islamic law will become more interesting and developed.
Co-Authors Abu Bakar, Imran Asmuni Hamdani, Muslem Khalilullah Khalilullah, Khalilullah Muhammad Amar Adly, Muhammad Amar Mursyid Djawas Muslem Muslem Musrizal, Musrizal Supriadi Supriadi Syahrizal Abbas