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Islamic Moderation in Religious Traditions: A Study of Bid'ah According to Aswaja NU Ghufron, Muhammad; Syamsuri; Ahmad Fizal Fakhri; Fahruddin Ali Sabri; Umi Chaidaroh
Tebuireng: Journal of Islamic Studies and Society Vol. 6 No. 1 (2025): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v5i1.8805

This article discusses the concept of bid'ah in the perspective of Ahlus Sunnah wal Jamaah (Aswaja), especially according to Nahdlatul Ulama (NU). This study aims to examine how NU understands bid'ah and how its moderate attitude in responding to various religious traditions that are considered bid'ah. The research method used is a literature review with a qualitative approach. The results of the study show that NU applies the principle of moderation through the concept of maslahah in responding to new traditions that develop in society. Religious traditions such as tawassul, tabarruk, and the commemoration of Maulid are included in the category of bid'ah hasanah, which is accepted because it brings goodness both in social and spiritual aspects. NU's understanding of bid'ah provides a balance between maintaining good old traditions and accepting new innovations that are beneficial to the people.

Islamic Moderation in Religious Traditions: A Study of Bid'ah According to Aswaja NU Ghufron, Muhammad; Syamsuri; Ahmad Fizal Fakhri; Fahruddin Ali Sabri; Umi Chaidaroh
Tebuireng: Journal of Islamic Studies and Society Vol. 6 No. 1 (2025): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v5i1.8805

This article discusses the concept of bid'ah in the perspective of Ahlus Sunnah wal Jamaah (Aswaja), especially according to Nahdlatul Ulama (NU). This study aims to examine how NU understands bid'ah and how its moderate attitude in responding to various religious traditions that are considered bid'ah. The research method used is a literature review with a qualitative approach. The results of the study show that NU applies the principle of moderation through the concept of maslahah in responding to new traditions that develop in society. Religious traditions such as tawassul, tabarruk, and the commemoration of Maulid are included in the category of bid'ah hasanah, which is accepted because it brings goodness both in social and spiritual aspects. NU's understanding of bid'ah provides a balance between maintaining good old traditions and accepting new innovations that are beneficial to the people.

Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7352

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.

Navigating Stigma and Discrimination: Betrothal Challenges Faced by Descendants of Leprosy in Madura, Indonesia Sabri, Fahruddin Ali; Rosyadi, Imron; Isfironi, Mohammad; Hadi, Mukhammad Nur; Sulthon, M; Khazin, A. Mufti
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.v8i2.6905

This article aims to uncover stereotypes against lepers and their descendants by impacting difficulties in finding a potential partner and the risk of being abandoned by a potential partner. This clearly cannot be underestimated and is part of the State and non-state actorsâ€™ responsibilities in protecting human rights based on Islamic law. This article used ethnography as a methodology of research when dialogue and observation were used as research techniques.Â This studyâ€™s findings revealed that the descendants of lepers were considered a threat to the survival of their descendants, so they got discriminatory treatment, exclusion, stigmatization, exile, and inequality which in turn could interfere with their dignity. The Dhohiri School had a different view out of the four Schools of Islamic law namely Hanafi, Maliki, Shafi'i, and Hanbali, where this School rejected divorce because of disability in any form. Dhohiri School had shown partiality and respect for the human rights of lepers and their descendants to engage in Betrothal and marriage without any discrimination, exclusion, stigmatization, banishment, or inequality of any kind. The alignment of the Dhohiri School is in line with the State and non-state actorsâ€™ efforts to minimize the inhumane and terrible treatments of people with leprosy and their descendants.

The Legal Contestation Surrounding Female Genital Mutilation in Islamic Boarding Schools: Perspective of Legal Pluralism and its Impact on Women Sabri, Fahruddin Ali; Asitasari, Walida
El-Mashlahah Vol 15 No 2 (2025)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.9774

This study addressed the gap in understanding among the community in the YY1 Islamic boarding school located in Tuban Regency, Indonesia, about legal pluralism in the practice of Female Genital Mutilation (FGM) between diverse religious, adat, national, and international legal systems. FGM is still perpetuated and socially accepted as a moral, spiritual, and cultural obligation, rather than a violation of women's rights, while national and international regulations continue to regulate the elimination of FGM to promote and protect women's rights. The problem is how women and Islamic boarding schools negotiate and justify their compliance with certain norms in this pluralistic legal environment. This study aims to investigate how individuals navigate the inherent conflict between social norms and individual values related to the protection of women and girls. The study relied on dialogue, observation, and documentation as data collection methods and adopted a legal anthropology approach. The results show that legal pluralism in FGM makes people lean towards the validation of Islamic and adat law as an embodiment of identity and sanctity, so that Islamic law and adat law win the contestation against international human rights law and national law. Their perception of FGM as a harmless practice for women allows for the reconciliation of normative conflicts. Nonetheless, government policies and public education are needed to address the adverse impacts of FGM on women's reproductive health systems.

Negotiation Between Parents and Children in Choosing a Marriage Partner: An Islamic Legal Perspective on Kafa'ah and Maslahah Mursalah Sabri, Fahruddin Ali
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.657

The choice of a life partner in Muslim society involves not only individual preferences but is also influenced by family roles and considerations. This study aims to analyze the negotiation process between parents and children in determining a life partner in Babadan District, Ponorogo, and to review it from the perspectives of kafa'ah and maslahah mursalah. This study uses ethnographic methods to obtain an overview of women's experience and knowledge in choosing a life partner. Data were obtained through interview techniques and documentation of eight informants, consisting of parents, youth, and community leaders, who were selected purposively. Data analysis was conducted using a descriptive-analytical approach within an interactive analysis model. The results of the study show that the process of choosing a partner involves negotiations between parents and children, influenced by religious values, economic conditions, family background, and social traditions that develop within society. Parents tend to consider reciprocity (kafa'ah), especially in terms of religiosity, economic responsibility, and the prospective spouse's social background. Meanwhile, children's involvement indicates a shift toward more dialogical decision-making in the family. From the perspective of maslahah mursalah, the negotiation process reflects efforts to realize the family's benefits and maintain harmony and stability in domestic life.

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