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Eclecticism in the Compilation of Islamic Law in Book 1 M. Nasrul Arifin; Mujamil Qomar; Ahmad Muhtadi Anshor
World Journal of Islamic Learning and Teaching Vol. 2 No. 3 (2025): World Journal of Islamic Learning and Teaching
Publisher : Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/wjilt.v2i3.423

Eclecticism in the Compilation of Islamic Law (KHI) is evident through the incorporation of various opinions from different schools of Islamic jurisprudence, including the Shafi‘i school as the dominant madhhab in Indonesia, as well as the Hanafi, Maliki, and Hanbali schools, alongside several modern approaches. This method reflects an effort to reconstruct Islamic law so that it aligns with social needs and the national legal system. This study employs a library research method. The primary sources consist of the official text of the KHI, classical fiqh works from the four major schools (Hanafi, Maliki, Shafi‘i, and Hanbali), and contemporary literature on Islamic family law in Indonesia. The analytical techniques used include document study, article content analysis, and tracing the compatibility of madhhab opinions with the norms adopted in the KHI, supplemented by a sociological approach to assess the implications of its implementation in practice. The findings indicate that the application of eclecticism in Book I of the KHI is grounded in (a) social plurality; (b) the sustainability of the national legal system; (c) the values of justice; and (d) legal adaptability. The procedural steps of madhhab-based eclecticism in the KHI involve: (a) identifying issues of Islamic law to be compiled, (b) examining textual evidences and madhhab opinions, (c) selecting the most beneficial view (maslahah), (d) harmonizing it with the national legal system, and (e) conducting academic validation and social feasibility testing.

The Movement Of Islamic Fundamentalism The Classical, Pre-Modern And Contemporary Anshor, Ahmad Muhtadi
Kontemplasi: Jurnal Ilmu-Ilmu Ushuluddin Vol 8 No 2 (2020): Jurnal Kontemplasi
Publisher : UIN Sayyid Ali Rahmatullah Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/kontem.2020.8.2.143-170

Abstract Religious fundamentalism is understood as an answer of the socialist group and the political elite of the religious in a religious group. So religious fundamentalism is always evolving in the modern era. As a study-based literature, this study will highlight the historical roots of religious fundamentalism in the era of the classical, pre-modern, and contemporary implications in the discovery model the thinking of fundamentalism religious in the contemporary era. The findings in this study show that fundamentalism has a few basic principles. Principles basic principles: the first is oppositional (understand resistance), the second the rejection of hermeneutics, the third rejection of pluralism and relativism, and the fourth is the rejection of the historical development and sociological. By using basic principles such then the movement of the Kharijites, the Wahabi movement in the Arabian peninsula, the movement of Shaykh Uthman and Fodio in Northern Nigeria, the movement Padri in Minangkabau and Al-Ikhwan al-Muslim in Egypt can be categorized in the movement of Islamic fundamentalism. Keywords: Islamic Fundamentalism, classical, pre-modern, contemporary. Abstrak Fundamentalisme agama difahami sebagai sebuah jawaban dari kelompok sosialis dan elit politik keagamaan dalam sebuah kelompok agama. Sehingga fundamentalisme agama ini selalu berkembang dalam era modern saat ini. Sebagai kajian berbasis pustaka, kajian ini akan menyorot akar sejarah fundamentalisme agama pada era klasik, pra-modern, dan kontemporer yang berimplikasi pada penemuan model pemikiran fundamentalisme keagamaan pada era kontemporer. Temuan dalam kajian ini menunjukkan bahwa fundamentalisme memiliki beberapa prinsip dasar. Prinsip-prinsip dasar tersebut: pertama adalah oppositionalism (paham perlawanan), kedua penolakan terhadap hermeneutika, ketiga penolakan terhadap pluralisme dan relativisme, dan keempat adalah penolakan terhadap perkembangan historis dan sosiologis. Dengan menggunakan prinsip-prinsip dasar tersebut maka gerakan kaum Khawarij, gerakan Wahabi di semenanjung Arabia, gerakan Syaikh Usman dan Fodio di Nigeria Utara, gerakan Padri di Minangkabau dan Al-Ikhwan al-Muslimun di Mesir dapat dikategorikan dalam gerakan fundamentalisme Islam. Kata Kunci : Fundamentalisme Islam, klasik, pra-modern, kontemporer.

Pernikahan sebagai Instrumen Kekuasaan dan Status Sosial: Studi Historis tentang Praktik Perkawinan di Kalangan Ménak Sunda Pangestu, Pujo; Asmawi, Asmawi; Anshor, Ahmad Muhtadi
FASTABIQ: JURNAL STUDI ISLAM Vol 6, No 2 (2025): Fastabiq: Jurnal Studi Islam
Publisher : Fakultas Agama Islam Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47281/fas.v6i2.248

This study aims to analyze marriage practices among the Sundanese aristocracy (ménak) during the pre-independence period of Indonesia, focusing on their relationship to social status, power, and wealth. The research explores socio-economic motivations underlying marriage practices that often transcended love or religious devotion, functioning instead as instruments for consolidating authority and sustaining elite lineage. The study employs a library research method with content and descriptive analysis approaches. Data were collected from historical literature, customary law sources, and anthropological studies, and were validated through corroboration analysis by comparing data across multiple references. The findings reveal that marriages among the Sundanese nobles served as strategic tools for preserving noble bloodlines, strengthening political alliances, and maintaining family power and economic stability. Practices such as early arranged marriages, polygamy, and politically motivated unions were integral to this socio-cultural system. Culturally, marriage symbolized honor and the legitimization of social hierarchy within traditional Sundanese society. The study recommends further research on the evolution of marriage values and practices among contemporary Sundanese communities within the framework of modernity and gender equality.Keywords: Sundanese aristocracy, customary marriage, social status, power, patriarchal culture

The Phenomenon of Pranking the Millennial Generation: Between Sad Dzariah and Fath Dzariah Anshor, Ahmad Muhtadi
Tribakti: Jurnal Pemikiran Keislaman Vol. 33 No. 1 (2022): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v33i1.1943

This study aims to formulate a model of contemporary Islamic law approach based on sad dzariah and fath dzariah towards the millennial generation's phenomenon and culture of pranking. There are various new phenomena and cultures in the current millennial era which are identical with moral damage and socio-cultural harm to Indonesian society, as is the culture of pranking by the millennial generation. This is because the current millennial generation's pranking phenomenon has various impacts on people's lives. This condition then raises several questions: First, how is the impact of the phenomenon and culture of pranking by the millennial generation on the socio-cultural formation of Indonesian society? Second, how are the sad dzariah and fath dzariah approach model responding to the impact of the millennial generation's phenomenon and culture of pranking on the socio-cultural formation of Indonesian society? The research method used to answer these questions is to use the library method with databases on books, articles, and various data from the media and research related to the cultural impact of pranking in Indonesia. The data that has been collected is then compiled descriptively and analyzed using the content analysis method to conclude. This study found that: First, although it has a positive impact, it turns out that the negative impact is more dominant in the phenomenon and culture of pranking in Indonesia. Second, sad dzariah and fath dzariah have the urgency to avoid pranks and the culture of pranking as a means to avoid crime.

Fiqih and Progressive Law: Study of Inequality and Racial Issues in America Anshor, Ahmad Muhtadi
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 11 No. 1 (2021): April
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2021.11.1.1-22

Racial issues and gaps in the US are a phenomenon that the world is witnessing, where intimidation against minority groups is often heard, and this act certainly contravenes the values of appropriateness and human values people of all races highly respect. This research is literature-based in which the data was analyzed in descriptive method based on content analysis. This research aims to reveal the racial issues in the US seen from the perspective of Fiqh and progressive law. The findings of this research imply that this phenomenon contravenes the fundamental principles of fiqh and progressive law.

The Ulama and The State Politics During Pandemic: A Study on the Covid-19 Related Fatwa of the Council of Indonesian Ulama Anshor, Ahmad Muhtadi
Dialogia Vol. 21 No. 2 (2023): DIALOGIA : JURNAL STUDI ISLAM DAN SOSIAL
Publisher : Ushuluddin, Adab, and Dakwah Faculty of State Islamic University Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/dialogia.v21i2.7080

This study examines the contemporary dynamics of the relationship between the Council of Indonesian Ulama (Majelis Ulama Indonesia/MUI) and the Indonesian government. As far as the MUI is concerned, the council has experienced a changing position concerning the Indonesian state relationship, from being the custodian of the government (khÄdim al-á¸¥ukÅ«ma) to the custodian of the Indonesian Muslim community (khÄdim al-umma). This changing position appears mainly through MUI legal opinion (fatwÄs). Considering the current situation in Indonesia, where the Covid-19 pandemic has stormed, this article analyzes the relationship between MUI and the government. It examines MUI's fatwÄs issued during the pandemic, especially those related to public worship, economy, and health. This article argues that MUI's related fatwÄs on Covid-19 indicate a new turnback with MUI and the Indonesian state relationship. The fatwas show a strong direction that MUI leads to the position of khÄdim al-á¸¥ukÅ«ma rather than khÄdim al-umma.

Larangan Pernikahan Semarga Dalam Adat Batak di Kabupaten Labuhan Batu Utara Persepektif Teori Konflik George Simmel Pangestu, Pujo; Asmawi; Muhtadi Anshor, Ahmad
Ta’wiluna: Jurnal Ilmu Al-Qur'an, Tafsir dan Pemikiran Islam Vol. 6 No. 1 (2025): Ta’wiluna: Jurnal Ilmu Al-Qur’an, Tafsir dan Pemikiran Islam
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian kepada Masyarakat (LP3M) IAIFA Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/takwiluna.v6i1.2048

The Batak community has experienced a shift in the meaning of marriage from the prohibition of surname marriage to an eleutherogamous marriage system that does not recognize the prohibition of surname marriage. This research uses a qualitative approach to understand the relationship between George Simmel's conflict theory and marriage issues in Indonesia, especially in the event of surname marriage in Labuhan Batu Utara. The main focus of this research is how surname marriage causes conflict which is seen as a form of social tension and reshapes the social structure of society. The result of this research is that according to Simmel, conflicts that violate the tradition of prohibiting semarga marriages in the Batak tradition in Labuhan Batu Utara appear destructive, can actually strengthen social cohesion by affirming community norms and values, while creating space for individuals to show their identity and superiority in the larger social order. Conflicts arising from the clash between old traditions and new customs in Batak society in Labuhan Batu Utara show new customs where personal and family happiness are increasingly prioritized over the customary prohibition of semarga marriage. In this context, the flexibility of the Batak community in dealing with evolving social dynamics, adopting new customs that are more in line with the needs and aspirations of individuals and families today.

The Phenomenon of Pranking the Millennial Generation: Between Sad Dzariah and Fath Dzariah Anshor, Ahmad Muhtadi
Tribakti: Jurnal Pemikiran Keislaman Vol. 33 No. 1 (2022): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v33i1.1943

This study aims to formulate a model of contemporary Islamic law approach based on sad dzariah and fath dzariah towards the millennial generation's phenomenon and culture of pranking. There are various new phenomena and cultures in the current millennial era which are identical with moral damage and socio-cultural harm to Indonesian society, as is the culture of pranking by the millennial generation. This is because the current millennial generation's pranking phenomenon has various impacts on people's lives. This condition then raises several questions: First, how is the impact of the phenomenon and culture of pranking by the millennial generation on the socio-cultural formation of Indonesian society? Second, how are the sad dzariah and fath dzariah approach model responding to the impact of the millennial generation's phenomenon and culture of pranking on the socio-cultural formation of Indonesian society? The research method used to answer these questions is to use the library method with databases on books, articles, and various data from the media and research related to the cultural impact of pranking in Indonesia. The data that has been collected is then compiled descriptively and analyzed using the content analysis method to conclude. This study found that: First, although it has a positive impact, it turns out that the negative impact is more dominant in the phenomenon and culture of pranking in Indonesia. Second, sad dzariah and fath dzariah have the urgency to avoid pranks and the culture of pranking as a means to avoid crime.

Kebijakan Pemerintah Indonesia dalam Pencegahan Penyebaran Corona Virus Disease 2019 (Covid-19) Perspektif Maqashid Syariâ€™ah Anshor, Ahmad Muhtadi; Muttaqin, Muhammad Ngizzul
AL-ISTINBATH : Jurnal Hukum Islam Vol 5 No 2 November (2020)
Publisher : Institut Agama Islam Negeri Curup

This study aims to provide an overview of several Indonesian government policies relate to prevent the spreading of Covid-19 from the perspective of maqashid syari'ah. This is due to the spreading of Covid-19 in Indonesia which has had several negative impacts. One of the negative impacts is to pose a threat to human existence, namely threatening human life and life. This condition requires the Indonesian government to issue various policies as an effort to prevent the spreading of Covid-19. This study uses a qualitative method with discourse analysis that discusses the legal-socio-contextual side of Indonesian government regulations and policies related to the prevention of the spreading of Covid-19 from the perspective of maqashid syari'ah. The findings of this study show, first, that all Indonesian government policies in the context of preventing the spreading of Covid-19 are a manifestation of maqashid syari'ah, namely as an effort to protect human existence as well as the embodiment of personal and group interests. Second, the realization of mashlahah as the essence of maqashid syari'ah can be realized by the existence of cooperation between the central and regional governments and the community to comply with and implement all government policies as a whole.

The Mourning Period (Iḥdād) for Widowers: A Gender and Sociological Perspectives Fadhilah, Nur; Nihayah, Nihayah; Anshor, Ahmad Muhtadi; Ashfiya, Hamadah
Sawwa: Jurnal Studi Gender Vol. 20 No. 2 (2025): October
Publisher : Pusat Studi gender dan Anak (PSGA) Universitas Islam Negeri Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/sa.v20i2.25653

Despite extensive scholarship on female mourning practices (iḥdād), male mourning within Islamic legal and gender studies is largely overlooked, creating a significant gap in understanding how widowers manage grief culturally and religiously. This study focuses on the neglected male mourning practices in Islamic contexts and how widowers navigate their grief. Through a qualitative method involving in-depth interviews with five widowers, alongside observations and document analysis (in the form of local prayer books, memorial schedules, and religious guidance texts), the data was thematically analyzed using the Braun and Clarke framework, combined with phenomenological insights to uncover emotional and ethical patterns. The findings indicate that widowers engage in ethical negotiations—such as postponing remarriage and avoiding social gatherings—that reflect an interplay between Islamic teachings and Javanese cultural norms. This research suggests that the Qira'ah Mubādalah perspective offers a valuable interpretive framework that situates these mourning practices within a context of reciprocal ethics rooted in spirituality, which has broader implications for gender ethics in contemporary Islamic discourse.

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