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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan FIAT JUSTISIA: Jurnal Ilmu Hukum ISLAMICA: Jurnal Studi Keislaman Diponegoro Law Review International Journal Ihya' 'Ulum al-Din Economica: Jurnal Ekonomi Islam JURNAL CENDEKIA HUKUM International Journal of Islamic Business and Economics (IJIBEC) Jurnal Hukum Ekonomi Islam (JHEI) Jurnal Penelitian Journal of Islamic Economic Scholar Journal of Private and Commercial Law
Ahmad Rofiq
Universitas Islam Negeri Walisongo Semarang
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Problems of Implementing Imkan Rukyat in the Case of an Invisible Hilal (Crescent): A Perspective of Syafi’i Scholars Hudi Hudi; Ahmad Rofiq
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 7, No 1 (2023): Vol. 7, No. 1, October 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v7i1.36527

Abstract

Imkan rukyat refers to the conditions under which the new moon (hilal) can likely be sighted based on specific criteria. When the hilal is visible, the following day can be confirmed as the start of the new lunar month. However, if the hilal is not seen during the rukyat observation, a dilemma arises between two choices: whether the next day should be declared as the first day of the new lunar month based on the criteria of imkan rukyat, or whether the current month should be completed (istikmal) to a full 30 days. All Islamic mazhabs including Hanafi, Maliki, and Hanbali generally advocate for istikmal if the hilal is not sighted. However, within the Syafi’i Mazhab, there is a divergence of opinion, with some scholars advocating for istikmal and others for hisab (astronomical calculations). This duality of opinion is particularly relevant in Indonesia, a country with a majority of Syafi’i followers. The aim of this research is to analyze the views of Syafi’i scholars on this matter. This study is a type of library research, focusing on the decisions of the Ministry of Religious Affairs of the Republic of Indonesia's isbat meetings regarding the start of the lunar month and the moon sighting data provided by Nahdlatul Ulama. The research is grounded in the Quran, Hadith, and Syafi’i jurisprudence (fiqh) texts. The findings of this study indicate that the majority of Syafi’i scholars hold that if the hilal is in a position of imkan rukyat but is not sighted, the month should be completed to 30 days (istikmal). However, some Syafi’i scholars permit the determination of the start of the new lunar month the next day based on hisab imkan rukyat, provided that the calculation is done by at least seven qualified astronomers who are unlikely to err, and that the non-sighting of the hilal is due to technical or natural factors. These results can serve as a reference for determining the start of the lunar month when the hilal is not visible due to cloudy conditions
Fiqih Zakat Profesi Study Ijtihad Yusuf Al-Qaradawi dan Wahbah Az Zuhayli Agus Faisal; Ahmad Rofiq
Journal of Islamic Economic Scholar Vol. 7 No. 1 (2026)
Publisher : FEBI UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/jies.2026.7.1.13-26

Abstract

Zakat has become a controversial topic of study that is experiencing new ijtihad in the modern era today. Contemporary scholars Yusuf Al-Qaradawi and Wahbah Al-Zuhayli consider professional zakat to be obligatory. However, in terms of how and what is determined, the rulings of the two figures have similarities and differences. This paper uses a library research approach, with content analysis techniques. This method is used to analyze the thoughts of Yusuf Al-Qaradawi and Wahbah Al-Zuhayli related to the law of professional zakat. According to the analysis, the similarity in the thought of professional zakat between Yusuf Al-Qaradawi and Wahbah Al-Zuhayli lies in the permissibility of giving professional zakat; both figures allow the giving of professional zakat although there are certain exceptions. The method of istinbath for professional zakat in Al-Qaradawi's perspective uses qiyas. The use of qiyas in determining professional zakat is analogized with the zakat of gold and silver. Whereas the istinbath method according to Wahbah al-Zuhayli is that professional zakat is not obligatory for every Muslim, because, according to him, there is no strong basis for the existence of professional zakat. However, he provides leniency for those who make professional zakat obligatory.
Harmonization of Commercial Law: Patterns of Positivization and the Formulation of DSN-MUI Fatwas in Realizing Legal Certainty for Islamic Banking in Indonesia Baidhowi Baidhowi; Ahmad Rofiq; Ali Murtadho; Rayi Kharisma Rajib
Journal of Private and Commercial Law Vol. 10 No. 1 (2026): May, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v10i1.47862

Abstract

The rapid development of the Islamic banking industry in Indonesia requires commercial legal instruments that not only ensure sharia compliance but also provide positive legal certainty for business actors. This article analyses the harmonization of Islamic commercial law into the national legal system through the mechanism of positivizing the fatwas of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) into Law No. 21 of 2008 on Islamic Banking and the Compilation of Sharia Economic Law (KHES). Through normative legal research methods employing statutory, conceptual, and comparative approaches, this study elaborates the ontological transformation of fatwas—from cultural authority (i'laniyah) into imperative legal norms (mulzim). The findings indicate that harmonization is carried out through institutional integration (the Islamic Banking Committee) and normative integration (adoption, adaptation, and expansion) into the regulations of Bank Indonesia and the Financial Services Authority. The formulation of commercial contracts incorporates the principle of freedom of contract (mabda' hurriyah al-ta'aqud) as well as classical fiqh doctrines through the instruments of maslahah mursalah, takhayyur, and talfiq. This material legal certainty is reinforced by the readiness of formal law through the expansion of the absolute jurisdiction of the Religious Courts and the National Sharia Arbitration Board (Basyarnas) following Constitutional Court Decision No. 93/PUU-X/2012. In conclusion, the positivization of DSN-MUI fatwas has successfully eliminated the operational ambiguity of sharia contracts and created a sustainable business ecosystem. This transformation directly contributes to achieving the Sustainable Development Goals (SDGs), particularly SDG 8 (Inclusive Economic Growth) and SDG 16 (Strong Judicial Institutions and Access to Justice), by providing consumer protection and absolute certainty in the enforcement of proprietary rights within Indonesia.
Co-Authors Abdul Ghofur Agus Faisal Agus Suryo Suripto Ahmad Hasan Asy’ari Ulama’i Aisyah Ayu Musyafah Ali Murtadho Anis Mashdurohatun Baidhowi Baidhowi Dewi Hendrawati Dewi Padusi Daengmuri Hendri Hermawan Adinugraha Hery Purwanto Hudi Hudi Islamiyati Islamiyati Islamiyati Kuat Ismanto Mashudi Mashudi Mila Sartika Muhammad Aziz Muhsin Jamil Mujaddid, Ade Yusuf Munawaroh, Lathifah Munif, Ahmad Rahmat Fauzi Rayi Kharisma Rajib Razie Bin Nasarruddin Rof’ah Setyowati Rohmawati Ro’fah Setyowati Sri Kusriyah