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All Journal AL-HUKAMA´ Academica: Journal of Multidisciplinary Studies Human Rights et Justicia
Rahmad Setyawan
UIN Sunan Kalijaga Yogyakarta
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Najmuddīn Al-Tūfī's Thoughts on The Dynamics of Inheritance Law 2:1 Perspective of Maṣlaḥah Rahmad Setyawan; Muhaman Taufik Kustiawan
AL-HUKAMA': The Indonesian Journal of Islamic Family Law Vol. 11 No. 2 (2021): Desember 2021
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2021.11.2.85-114

Abstract

Islamic hereditary law in the reality of human life demands legal dynamism to vouch for the flexibility and adaptability of genetic law following the characteristics of modern Muslim societies. This article elaborates on the dynamics of the 2: 1 inheritance law between heirs, male and women, from the perspective of the maṣlaḥah of Najmuddīn al-Ṭūfī. To analyze the conception of inheritance 2:1 division, this study attempts to dissect it with the theory of maṣlaḥah Najmuddīn al-Ṭūfī. The studies and analysis have been discovered, resulting in the conclusion that the dynamics of the 2: 1 hereditary law has been subject to embodying the benefits properly. In the view of Najmuddīn al-Ṭūfī, the help is the goal of sharia, even the highest argument if it is contradicted between text and maṣlaḥah. This view, when applied to the verse of the Holy Qur'an, An Nisa (4): 11, will open up opportunities for responsive reinterpretation. Based on this concept, it is understood that deviating from the law of text in the distribution of inheritance is permissible to create benefits for the heirs and avoid disputes.
The Paradigm Shift of Maqāṣid al-Syarī’ah in Contemporary Society: From Protection to Development Ilham Abdi Prawira; Rahmad Setyawan; Fahlul Ulum Ahmad Adnani
Academica: Journal of Multidisciplinary Studies Vol. 9 No. 2 (2025): July-December 2025
Publisher : Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/academica.v9i2.14126

Abstract

Maqāṣid al-Syarī‘ah is the philosophical foundation of Islamic law that aims to realize welfare and prevent harm in human life. However, the classical formulation of maqāṣid al-Syarī’ah, which focuses on protecting the five basic needs (al-Dharūriyyāt al-Khams), faces serious challenges in responding to the complexities of contemporary society. Objective: This article aims to analyze the paradigm shift of maqāṣid al-Syarī’ah from a protection and preservation approach to a development and rights-based approach. Method: Using qualitative-descriptive methods through a literature review, this study examines the contributions of Ibn ‘Asyur and Jasser Auda’s thought in reconstructing the maqāṣid al-Syarī’ah as an adaptive and systemic framework for Islamic legal philosophy. Results: The results show that contemporary maqāṣid al-Syarī‘ah is no longer limited to individual interests but extends to universal values ​​such as social justice, human rights, religious freedom, and collective well-being. Conclusion: This article asserts that contextualizing the maqāṣid al-Syarī‘ah is a methodological necessity to maintain the relevance of Islamic law in addressing social, legal, and humanitarian challenges in the modern era.
Hak Asasi Manusia dan Relasi Keluarga dalam Islam: Tafsir Kontekstual terhadap Teks-Teks Hukum Keluarga Rahmad Setyawan; Muhammad Asyrofudin
Human Rights et Justicia Vol. 1 No. 1 (2025): Human Rights et Justicia
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/hrj.v1i1.533

Abstract

Social developments and modern family dynamics demand an understanding of Islamic family law that is responsive, humanistic, and in line with human rights principles. However, several provisions in family law texts still reflect normative constructions that are potentially discriminatory, particularly regarding husband-wife relations, divorce, and the protection of women’s and children’s rights. This study aims to analyze family relations in Islam through contextual interpretations of family law texts, emphasizing their relationship to human rights principles. This study is a normative-qualitative study with a multidisciplinary approach that combines various interpretations, the maq?sid as-Syar?‘ah framework, and a human rights perspective as a normative-critical instrument. Data were collected through a literature review of primary legal materials, namely the Qur’an and hadith related to family relations, as well as secondary legal materials in the form of classical and contemporary interpretations, human rights literature, and scientific journal articles relevant to the research issue. Then, they were analyzed thematically and hermeneutically contextually. The research findings show that a contextual interpretation based on human rights has significant implications for establishing just and equal family relations, particularly regarding husband-wife relations, divorce, and the protection of women’s and children’s rights. This interpretation encourages the development of partnership-based family relations, where husband and wife are positioned as legal subjects with equal rights and obligations, and ensures that divorce procedures are implemented fairly and responsibly. Furthermore, a contextual interpretation based on human rights also strengthens the guarantee of protection for the rights of women and children as groups often in vulnerable positions, both in the domestic sphere and in judicial practice. This emphasizes that the principles of justice, equality, and protection for all family members, especially groups often in vulnerable positions, are fundamental principles that must be the foundation of family law practice.
Co-Authors Fahlul Ulum Ahmad Adnani Ilham Abdi Prawira Muhaman Taufik Kustiawan Muhammad Asyrofudin