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All Journal AL QUDS : Jurnal Studi Alquran dan Hadis AL-MUQARANAH-Jurnal Program Studi Perbandingan Mazhab As-Syar'i : Jurnal Bimbingan & Konseling Keluarga Tabayyun : Journal of Islamic Studies ISNU Nine-Star Multidisciplinary Journal (INS9MJ)
Muhammad Amar Adly
Universitas Islam Negeri Sumatera Utara
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Hadis-Hadis Tentang Riba dan Implementasinya dalam Sistem Perbankan Muhammad Amar Adly; Heri Firmansyah
AL QUDS : Jurnal Studi Alquran dan Hadis Vol 4, No 2 (2020)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (777.826 KB) | DOI: 10.29240/alquds.v4i2.1515

Abstract

Hadiths Related to Usury (Riba) and Their Use in the Banking SystemHadith is the second source used in the making of legal decision based on Islamic law (istinbath). This paper examines the hadiths related to the issue of usury (riba) from the sanad and matan. The type of the research is thematic, and the approach used is sanad and matan criticism to see the degree of sanad and matan of a hadith so that it can or cannot be used as hujjah (evidence) in the making of legal decision (istinbath). The hadiths regarding the issue of usury found are then selected, and there are four hadiths considered to meet the criteria and representation from a number of the hadiths found. The selection of these hadiths is based on the similarities of the matan although the sanad is different. From the sanad, of the four hadiths, there are only two hadiths examined. From the matan, the overall four hadiths are examined because one hadith and another almost have the same matan. Then, this research develops a study on the contemporary Islamic law issues related to usury issues such as insurance and bank interest even though the hadiths studied and utilized as the focus of this research do not explain the form of a ribawi transaction. In this paper, it is found that the hadiths that discuss the issue of usury are sahih (authentic) from both sanad and matan, so they can be used as a legal basis
Jual Beli HP Tidak Ada Layanan Jaringan di Angkola Muaratais Tapanuli Selatan Perspektif Wahbah Az-Zuhaili Nurmadani Nurmadani; Muhammad Amar Adly
As-Syar'i: Jurnal Bimbingan & Konseling Keluarga Vol 6 No 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Fakultas Syariah IAIN Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.5700

Abstract

Buying and selling is a legal act that has existed since the existence of human civilization. In connection with the sale and purchase of mobile phones, there are often undue events where the seller is not responsible for the implementation of khiyar aib, this is experienced by consumers in buying and selling mobile phones with obstacles to no cellular network services due to illegal IMEI, duplication of IMEI and the use of temporary IMEI. If the IMEI of the cellphone is not officially registered, one day it may be subject to restrictions on the use of cellular network services. Meanwhile, when asked for accountability, the seller did not respond to consumer complaints, because the seller claimed to have tried the goods before handing over to the buyer. The research method used in this research is qualitative field research, the authors will reveal the meaning of the behavior and reality of the surrounding community. Primary data is a source of data that is directly obtained from the first source, namely people who buy unofficial cellphones at the counter. Secondary data is data obtained indirectly from data sources, secondary data in this study is data derived from literature (library research), namely research by examining and reading books or books, articles, and websites related to khiyar aib.
Relevansi Qawā‘id Fiqhiyyah dalam Menyelesaikan Problematika Hukum Islam di Era Modern: Studi Pendekatan Normatif terhadap Isu Sosial dan Teknologi Muhammad Iqbal Hanafi Nasution; Muhammad Amar Adly; Heri Firmansyah
Tabayyun : Journal Of Islamic Studies Vol. 3 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/r463zv55

Abstract

This study discusses the implementation of Qawā‘id Fiqhiyyah (Islamic legal maxims) in addressing and resolving increasingly complex contemporary issues in line with the advancement of time, particularly in the social, economic, and technological domains. Qawā‘id Fiqhiyyah serve as foundational principles in Islamic law that are universal and flexible, enabling them to be applied in response to new problems not explicitly regulated in the scriptural sources (nash). Maxims such as al-‘ādah muḥakkamah (custom is authoritative), al-maṣlaḥah al-mursalah (unrestricted public interest), al-ḍarar yuzāl (harm must be eliminated), and al-mashaqqah tajlib al-taysīr (hardship begets ease) form essential foundations for formulating contextual and beneficial Islamic legal solutions. This research is normative juridical in nature, using a statute approach. Data were obtained from primary legal sources such as the Qur’an, Hadith, and classical texts on uṣūl al-fiqh and qawā‘id fiqhiyyah, supported by secondary and tertiary legal materials. The data analysis technique used is qualitative, with a descriptive-analytical approach. The results of the study indicate that Qawā‘id Fiqhiyyah are capable of serving as adaptive guidelines in establishing Islamic legal rulings on modern phenomena such as digital transactions, sharia-compliant fintech, and contemporary social issues. These maxims provide both theoretical and practical foundations for scholars and academics to perform legal ijtihad, ensuring that Islamic law remains relevant and solution-oriented across eras
Kaidah Fiqhiyyah dan Aplikasinya dalam Hukum Keluarga Tentang Radha’ah (Menyusui) Heriandi; Muhammad Amar Adly; Heri Firmansyah; Rahmad Hidayat
Tabayyun : Journal Of Islamic Studies Vol. 3 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/2aarq097

Abstract

This study investigates the Islamic legal principles governing radha’ah (breastfeeding) and its implications in family law, particularly in defining mahram (non-marriageable kinship) relationships. Rooted in classical and contemporary Islamic jurisprudence, this qualitative, library-based research identifies the foundational legal maxims: “What is prohibited by lineage is also prohibited by breastfeeding,” “The husband’s milk is the cause of prohibition,” and “Nutrition is the legal cause (‘illah) of prohibition in breastfeeding.” The study emphasizes that radha’ah establishes a familial bond equivalent to nasab (bloodline) and is effective when a child under two years of age is breastfed at least five times. Using sources such as the Qur’an, Prophetic traditions, juristic consensus (ijma’), and classical texts from various madhahib (schools of thought), the research reveals that both the breastfeeding woman and her husband (as the source of the milk) establish mahram ties with the breastfed child. Furthermore, it underscores the biological basis of Islamic rulings by demonstrating that nutritional transmission through milk forms the basis for legal prohibition, reflecting the maqāṣid al-sharī‘ah (objectives of Islamic law). This work offers vital insight into the intersection of biological function, legal normativity, and socio-religious ethics in Islamic family jurisprudence.
THE DOWRY: BETWEEN RELIGIOUS DOCTRINE AND LOCAL CULTURE Nurmalia Tara; Muhammad Amar Adly
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 1 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Mahr is one of the essential elements in Islamic marriage that has a strong normative foundation in the Qur'an and the Prophetic Sunnah. However, its implementation across the Muslim world including Indonesia shows significant variation, shaped by local traditions, social structures, and interpretations across the various schools of Islamic jurisprudence. This paper comprehensively examines the provisions of mahr according to the four major legal schools (madhabs) Hanafi, Maliki, Shafi'i, and Hanbali alongside contemporary scholarly perspectives, analyzes the shifting value of mahr within the cultural context of the Nusantara archipelago, including the customary traditions of the Bugis, Minangkabau, Javanese, Batak, and Acehnese peoples, and investigates how the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) and the jurisprudence of the Religious Courts accommodate the tension between normative texts and local traditions. The methodology employed is library research (studi kepustakaan) with comparative, historical, and normative approaches. The findings reveal that despite variations in determining the amount, form, and social function of mahr, all four schools are unanimous regarding its obligatory nature and its function as an expression of respect toward the woman. Contemporary Islamic jurisprudence offers a maqasid al-shari'ah perspective that reinforces the relevance of mahr as an instrument of gender justice. Local Indonesian cultures, in many respects, actually strengthen the substantive principles of Islamic law concerning mahr, although in certain aspects they require adjustment and purification through contextual ijtihad.Keyword: Mahr, Schools of Islamic Jurisprudence, Contemporary Fiqh, Maqasid al-Shari'ah, Local Culture
MARRIAGE CONCEPTS AND ESSENCE FROM THE PERSPECTIVE OF CLASSICAL ISLAMIC JURISPRUDENCE AND INDONESIAN NATIONAL LAW Mukhlis Tri Mulya Marpaung; Muhammad Amar Adly
Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab Vol 4, No 1 (2026): Al-Muqaranah Jurnal Perbandingan Hukum dan Mazhab
Publisher : Al-Muqaranah : Jurnal Perbandingan Hukum dan Mazhab

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Marriage is a legal institution that occupies a central position in both Islamic family law and Indonesian national law. However, public understanding of the nature of marriage is often reduced to mere formality, obscuring its substantive and spiritual significance. This study aims to analyze the concept of marriage (nikah) in classical fiqh, to understand the essence of marriage as both a legal contract (aqd) and a solemn covenant (mitsaqan ghalizhan), and to examine the regulation of marriage within the Indonesian national legal system. This study employs normative legal research with a conceptual approach and comparative approach. Primary legal materials include the Qur'an, Hadith, Law Number 1 of 1974 as amended by Law Number 16 of 2019 on Marriage, and the Islamic Law Compilation (KHI), while secondary materials consist of classical fiqh texts and contemporary scientific literature. Data analysis employs descriptive-analytical and comparative methods. The findings reveal that: first, classical fiqh scholars define marriage in varied ways yet converge on one substance, with the legal status being dynamic according to individual circumstances (obligatory, recommended, permissible, discouraged, or prohibited); second, marriage in Islam integrates two complementary dimensions, namely the contractual dimension as a formal legal framework and the mitsaqan ghalizhan dimension as a moral-spiritual framework; and third, the Indonesian national legal system accommodates Islamic fiqh values through the Marriage Law and KHI, with the obligation of registration serving as an instrument for protecting citizens' rights in harmony with maqasid al-shari'ah.Keyword: Islamic Marriage; Classical Fiqh; Mitsaqan Ghalizhan; National Law
Reconstruction of Maqashid al-Shariah Thought in Islamic Intellectual History and Its Relevance to the Development of Contemporary Islamic Law Muhammad Amar Adly; Sofwan Tambunan; Zaini Munawir; Ahmad Senang
ISNU Nine-Star Multidisciplinary Journal Vol. 3 No. 1 (2026): ISNU Nine Star Mei
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v3i1.1474

Abstract

The development of modern society presents a variety of increasingly complex legal issues that are often not explicitly discussed in classical Islamic jurisprudence literature. This condition creates the need for a methodological approach capable of bridging the gap between normative Islamic texts and the ever-evolving social dynamics. In this context, the concept of maqasid al-shari'ah becomes an important approach in the development of Islamic legal ijtihad oriented towards the benefit of Allah. This study aims to analyze the development of maqasid al-shari'ah thought in Islamic intellectual history and examine its relevance in the development of contemporary Islamic law. This study uses a qualitative approach with library research methods and historical analysis of the development of the maqasid concept in classical and modern literature. The research data were obtained through a review of the works of ulama usul fiqh as well as the thoughts of contemporary scholars who discuss maqasid theory and its application in Islamic legal methodology. The results show that the concept of maqasid al-shari'ah has undergone significant development in the history of Islamic thought, starting from its initial formulation regarding the benefit in the classical usul fiqh tradition to its broader reinterpretation in modern Islamic thought. These developments demonstrate that maqasid functions not only as a theoretical concept in Islamic legal studies but also as a methodological paradigm that allows Islamic law to adapt to social change without abandoning the fundamental principles of sharia. This study concludes that the maqasid approach has strong relevance in addressing various modern legal problems because it provides a more substantive and contextual interpretative framework. Therefore, the development of maqasid studies needs to continue through an interdisciplinary approach to strengthen the ijtihad methodology and enhance the contribution of Islamic law in addressing legal challenges in the modern era.
Co-Authors Ahmad Senang Heri Firmansyah Heriandi Indah Amani Lubis Muhammad Iqbal Hanafi Nasution Mukhlis Tri Mulya Marpaung Munawir, Zaini Nurmadani Nurmadani Nurmalia Tara Rahmad Hidayat Sofwan Tambunan