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Munir, Akmal Abdul

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Author-ID : 2299344

Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Nursing Social Sciences Other

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Genealogy of the Transformation of Hifdzun Nasl Law: A Study of Classical and Modern Literature on Intellectual Property Rights in the Perspective of Al-Qurtubi Ridwan, Ridwan; Munir, Akmal Abdul
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.18018

Genealogy of the transformation of ḥifẓ al-nasl law from classical literature to the protection of Intellectual Property Rights (IPR) in the perspective of Al-Qurṭubī. ḥifẓ al-nasl, as one of the main objectives of the Shari'a in the theory of maqāṣid al-Syarī'ah, not only protects human biological continuity, but also emphasizes the moral, social, and intellectual dimensions. Through the classical approach developed by Al-Juwaynī, Al-Ghazālī, and Al-Syāṭibī, shari'a is understood as an instrument for achieving the benefit of the people (maṣlaḥah al-'ibād) by maintaining social dignity and stability. Tafsir Al-Qurṭubī emphasizes that the protection of descendants includes the honor, identity, and contribution of the individual, so that this principle can be adapted to the modern context, especially in the protection of intellectual works. The Islamic legal transformation approach (taḥawwul al-fiqh) explains the evolution of law from classical regulations regarding marriage, lineage, and inheritance to modern mechanisms that protect intellectual property rights (IPR), as a form of human "intellectual heritage." IPR theory from a contemporary perspective emphasizes that creative works have socio-moral values that must be protected, and that their violation constitutes ẓulm. The synthesis of the three theoretical frameworks—maqāṣid al-shari'ah, legal transformation, and IPR—provides a conceptual foundation for understanding the continuity of classical law in a modern context. This research demonstrates that IPR protection is a contemporary embodiment of the principle of ḥifẓ al-nasl, bridging classical and modern law, and affirming the relevance of the divine purpose of sharia in maintaining human sustainability, both biologically and intellectually

Genealogy of the Transformation of Hifdzun Nasl Law: A Study of Classical and Modern Literature on Intellectual Property Rights in the Perspective of Al-Qurtubi Ridwan, Ridwan; Munir, Akmal Abdul
Jurnal El-Thawalib Vol 6, No 6 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i6.18018

Genealogy of the transformation of ḥifẓ al-nasl law from classical literature to the protection of Intellectual Property Rights (IPR) in the perspective of Al-Qurṭubī. ḥifẓ al-nasl, as one of the main objectives of the Shari'a in the theory of maqāṣid al-Syarī'ah, not only protects human biological continuity, but also emphasizes the moral, social, and intellectual dimensions. Through the classical approach developed by Al-Juwaynī, Al-Ghazālī, and Al-Syāṭibī, shari'a is understood as an instrument for achieving the benefit of the people (maṣlaḥah al-'ibād) by maintaining social dignity and stability. Tafsir Al-Qurṭubī emphasizes that the protection of descendants includes the honor, identity, and contribution of the individual, so that this principle can be adapted to the modern context, especially in the protection of intellectual works. The Islamic legal transformation approach (taḥawwul al-fiqh) explains the evolution of law from classical regulations regarding marriage, lineage, and inheritance to modern mechanisms that protect intellectual property rights (IPR), as a form of human "intellectual heritage." IPR theory from a contemporary perspective emphasizes that creative works have socio-moral values that must be protected, and that their violation constitutes ẓulm. The synthesis of the three theoretical frameworks—maqāṣid al-shari'ah, legal transformation, and IPR—provides a conceptual foundation for understanding the continuity of classical law in a modern context. This research demonstrates that IPR protection is a contemporary embodiment of the principle of ḥifẓ al-nasl, bridging classical and modern law, and affirming the relevance of the divine purpose of sharia in maintaining human sustainability, both biologically and intellectually

Sayyid Sabiq's thoughts on Thalak in the book Fiqh Assunnah Antoni, Joseph; Munir, Akmal Abdul
Priviet Social Sciences Journal Vol. 6 No. 2 (2026): February 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i2.1370

This study aims to analyze a place of thought from Sayyid Sabiq's shop about thalak as contained in a poplar work of Fiqh As-Sunnah. This study focuses on his views on the facts, conditions, forms, and wisdom of a thalak from the perspective of Islamic fiqh. Thus, this larya imiah uses a qualitative approach, namely, library research on primary sources of Fiqh As-Sunnah by Sayyid Sabiq, as well as secondary sources from classical fiqh books and contemporary Islamic law literature. The results of the study show that Sayyid Sabiq understood thalak not as a means to oppress women, but as the last way out (the shari'i emergency way) when the goal of marriage can no longer be achieved. He emphasized that thalak must be pursued with full responsibility, based on the principle of justice. In his view, the law of thalak is mubah, but it becomes makruh if it is done without a good reason. Sayyid Sabiq's thinking shows a strong relevance to the context of Islamic family law in moderation, as it provides a balance between the right of men and women to impose thalak and women's right to self-justice. This research contributes to the development of more rational Islamic family law, to the benefits of sharia.

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