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All Journal ISLAMICA: Jurnal Studi Keislaman An-Nuha : Jurnal Kajian Islam, Pendidikan, Budaya Dan Sosial Empirisma; Jurnal Pemikiran dan Kebudayaan Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Management of Zakat and Waqf Journal (MAZAWA)) QOF: Jurnal Studi Al-Qur'an dan Tafsir MAHAKIM: Journal of Islamic Family Law
A. Halil Thahir
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Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Dari Nalar Literalis-Normatif Menuju Nalar Kontekstualis-Historis dalam Studi Islam Thahir, A. Halil
ISLAMICA: Jurnal Studi Keislaman Vol 5, No 1 (2010): Islamica
Publisher : Program Pascasarjana UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (103.675 KB) | DOI: 10.15642/islamica.2010.5.1.1-14

Abstract

It seems legitimate to say that the classical-conventional methodology gives birth to a rigid and theo-centric view of Islam. This form of methodology is dogmatic and is replete with a systematic indoctrination, such that would lead one to accept a particular view of religion often blindly while believing that other views are wrong. This paper offers a challenge to that old-fashion methodology by deconstructing it, and then constructing a new form of methodology. We treat the classical methodology as being literal-normative, and the new one that we propose as being contextual-historical. We argue that the former has gone out of context, because it was invented for its own time. The latter in the meantime is critical and considerate to new demands and contexts. We speak of this new methodology as characteristically multi-disciplin-ary in the sense that within its premises, various forms of knowledge are deemed to have been interconnected and together constitute an integral web of epistemic construction.
MAQĀṢIḌ SHARĪ’AH SEBAGAI METODE PENGGALIAN HUKUM ISLAM: ANTARA AL-GHAZĀLĪ, AL-SHAṬIBĪ, DAN AL-ṬŪFĪ Thahir, A. Halil
EMPIRISMA: JURNAL PEMIKIRAN DAN KEBUDAYAAN ISLAM Vol 25, No 1 (2016): Ushul Fiqh
Publisher : STAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/empirisma.v25i1.733

Abstract

Islam comes to bring goodness to mankind. In practice Islamic law must deal with new issues that demand new legal solutions as well. It is often that a partial legal approach produces partial legal products by altering the welfare that is at the heart of Islamic Sharī’ah. The maqāṣid al-sharī’ah approach can be a way for the development of Islamic law which is oriented towards human welfare so that Islam as raḥmatan lil-‘ālamīn can really be realized. This article seeks to examine the development of the concept of maqāṣid al-sharī’ah by emphasizing the characteristic of the three main figures of different schools of thought: al-Ghazālī, al-Shaṭibī, al-Ṭūfī. Keywords: Maqāṣid al-Sharī’ah, Maṣlaḥah, Islamic Law
Polarisasi Moderatisme Islam; Tinjauan Maqashid Syari’ah Thahir, A. Halil
AN-NUHA: Jurnal Kajian Islam, Pendidikan, Budaya dan Sosial Vol 5 No 2 (2018): Desember
Publisher : LP2M Sekolah Tinggi Agama Islam (STAI) Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (790.219 KB)

Abstract

For Muslims, the Qur'an and al-Hadith are the main references in Islam. However, in fact Islam appears with various faces. Understanding and expression of Islam becomes diverse, both ideological and political movements. Even not infrequent acts of violence and terrorism in the name of Islam. To bridge very sharp differences, and in order to present a peaceful face of Islam as the message and nature of God (theocentric) and uphold human values (anthropocentric) emerge the spirit of reiterating and making moderate Islam an icon in religion. Islamic moderateism is expected to be a solution to religious extremism which is dangerous for the benefit of the people. Islamic moderateism in the style of maqashid shari'ah reflects moderate Islam which functions revelation, Al-Qur'an and Hadith, reason or reason, as well as proportional social and environmental contexts. Proportionality here still positions revelation as the main source of Islam's existence by being equipped and supported by reason or reason, as well as social and environmental contexts that cannot be ruled out as the source of its teachings. Operationally, the sources of the tersubut teachings can be summarized into: text (al-nash), reality or context (al-waqi'), and subject (al-mukallaf). Nash or text, in the context of moderate Islam - maqasidiy is the source and basis of primary teaching, as a formal object. Whereas al-waqi ', reality or context, is a material-operational object, where the teachings contained in the text and its objectives will be attached to it. While al-mukallaf (subject of teaching) is a person who is intellectually, mentally, and physically ready to accept reality in line with the texts and their maqasid
Pasang Surut Pemikiran Al-Syafi’I Telaah Pemikiran Qaul Qadim dan Qaul Jadid dengan Pendekatan Teori Siklus Ibnu Khaldun Thahir, A. Halil
AN-NUHA: Jurnal Kajian Islam, Pendidikan, Budaya dan Sosial Vol 8 No 1 (2021): July
Publisher : LP2M Sekolah Tinggi Agama Islam (STAI) Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/annuha.v8i1.398

Abstract

This article discusses the ups and downs of al-Shafi'i's thinking, which are three periods. First, the learning period, is the period when al-Shafi'i in Mecca, Medina, Yemen, Iraq first (pre-Baghdad). second, the period where al-Shafi'i resided in Iraq, qaul qadim, third, the period when al-Shafi'i lived in Egypt, qaul jadid. This library research examines and reveals the following issues: what are the factors behind the change in the law thoughts of al-Shafi'i ? And how did al-Shafi'i's thoughts change according to the perspective of Ibn Khaldun's cycle theory ?, using the law sociology approach, that is Ibn Khaldun's cycle theory as a knife of analysis. The theory conceptualizes the change in civilization from the condition of badawah as a condition of beginning and formation, hadarah as a phase of development and progress, to the condition of inqiradh, a period of decline. Changes in the law thoughts of al-Shafi'i from pre-qaul qadim, qaul qadim to qaul jadid were motivated and influenced by several things, namely: geographical factors, cultural factors and customs, scientific factors, social factors, economic factors, political factors, and difference factor in the use of theorem. Whereas the change experienced three conditions, namely the condition of badawah for the pre-qaul qadim phase, the condition of hadarah for the qaul qadim period, and the condition of inqiradh, during the qaul jadid period.
Implementasi Akuntabilitas dan Transparansi Zakat: Pengembangan Sumber Daya Manusia di Lembaga Amil Zakat Rumah Peduli Nurul Fikri Thahir, A. Halil; Tohari, Ilham; Abd. Rahman, Zayad
Management of Zakat and Waqf Journal (MAZAWA) Vol. 3 No. 1 (2021): Management of Zakat and Waqf Journal (MAZAWA)
Publisher : Universitas Islam Negeri Sunan Ampel Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mzw.2021.3.1.77-93

Abstract

The Nurul Fikri Care House Amil Zakat Institution is a manifestation of the Institution-based Zakat Management Act established by the community as a way of incubating poverty and providing muzakki in distributing zakat. Rumah Peduli Nurul Fikri is the original form of an organization with a modern concept by prioritizing the basis of accountability and transparency in collecting, collecting, and distributing zakat, which is in Law number 23 article 17 of 2011 concerning Zakat Management to realize the first goal of zakat as a way of welfare of Muslims. The accountability of the amil zakat institution, Rumah Peduli Nurul Fikri, is known for containing the law and also includes the principles of accountability for zakat management, namely based on Islamic law, trustworthiness, expediency, justice, legal certainty, integrity, and accountability. This is the satisfaction of legal compliance in Law Number 23 article 2 of 2011 concerning Zakat Management. The transparency of the amil zakat institution, Rumah Peduli Nurul Fikri, is respected in the management of zakat funds through transparency of information and administrative reporting to authorized bureaus that participate in zakat management. openness to the amil zakat institution, Rumah Peduli Nurul Fikri, which is revealed in the management of zakat through the implementation of activities and information that can be carried out in general.
MAQĀṢIḌ SHARĪ’AH SEBAGAI METODE PENGGALIAN HUKUM ISLAM: ANTARA AL-GHAZĀLĪ, AL-SHAṬIBĪ, DAN AL-ṬŪFĪ Thahir, A. Halil
EMPIRISMA: JURNAL PEMIKIRAN DAN KEBUDAYAAN ISLAM Vol 25, No 1 (2016): Ushul Fiqh
Publisher : IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/empirisma.v25i1.733

Abstract

Islam comes to bring goodness to mankind. In practice Islamic law must deal with new issues that demand new legal solutions as well. It is often that a partial legal approach produces partial legal products by altering the welfare that is at the heart of Islamic Sharī’ah. The maqāṣid al-sharī’ah approach can be a way for the development of Islamic law which is oriented towards human welfare so that Islam as raḥmatan lil-‘ālamīn can really be realized. This article seeks to examine the development of the concept of maqāṣid al-sharī’ah by emphasizing the characteristic of the three main figures of different schools of thought: al-Ghazālī, al-Shaṭibī, al-Ṭūfī. Keywords: Maqāṣid al-Sharī’ah, Maṣlaḥah, Islamic Law
Towards the Multidimensional Ushul Al-Fiqh: A Study of the Integration of Science in the Fatwa of Majelis Ulama Indonesia Thahir, A. Halil
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.19686

Abstract

 This research examines multidimensional ushul al-fiqh in analyzing the fatwas of the Majelis Ulama Indonesia (MUI). The main problem to be explained in this article is the importance of social sciences for multidimensional ushul al-fiqh as contained in the fatwa of the Indonesian Ulema Council. This research uses normative juridical methods which are analyzed using the ushul fiqh theory. The data collection method is documentation, namely taking data from journal articles books, and other sources. The method of analysis is the content analysis that the researchers use using the theory of multidimensional ushul al-fiqh, while the object is the fatwa-fatwa of the Majelis Ulama Indonesia (MUI). This research has two results. First, the social sciences complement the evidence of fundamentalist rulings in realizing the natural environmental influences, as a basic determinant and a major guide to people's lives, and the jurisprudence of social movements, of all kinds, considering the ties that bind people, and exploring the depths of the soul Humanity, considering the human being the pivot and the basis of this existence, so that the rulings derived from it are in agreement and conformity according to social issues. Secondly, the fatwas of the Council of Indonesian Scholars in the social field include those based on social sciences in addition to fundamental principles such as the Qur’anic texts and the Sunnah of the Prophet. In the context of ushul fiqh theory, it increasingly proves that fatwas and social sciences are quite dynamically integrated. This is evident in the fatwa of massage parlors and the sending of female workers abroad. Among them were those who were more inclined to fundamentalist rules than to pay attention to the social sciences, such as the fatwa on interfaith marriage and the celebration of Christian birth.
Tafsir Pemikiran Muhammad Syahrur tentang Waris dan Kontribusinya Bagi Perkembangan Hukum Kewarisan di Indonesia (Studi Analisis Kompilasi Hukum Islam) Sedayu, Rahmat Agung; Thahir, A. Halil; Mushlihin, Imam Annas; Tohari, Ilham
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.172

Abstract

In Muhammad Syahrur's view, waris is hududullahh which means that the maximum limit for a son is two daughters, and the minimum limit for a daughter is one boy. This research is qualitative research with the type of research library research which aims to reveal how Muhammad Syahrur's thoughts about inheritance with an analysis knife Compilation of Islamic Law. The data analysis process uses content analysis techniques, which are research techniques by looking for regular shapes, structures, and patterns in the text and making conclusions based on the regularities found. The results of this study: 1) Muhammad Syahrur rereads the inheritance verse which is hududullahh. If the heirs consist of one son and two daughters, then the share of the daughter may not be less than 25% and the share for the son may not be greater than 50%. 2) The contribution of Muhammad Syahrur's thoughts on inheritance to the development of inheritance law in Indonesia is by positioning the inheritance portion for women as al-Hadd al-'Adna (minimum limit). With this, Syahrur wants to say that women may or even have the right to get more shares than one man, provided that they do not exceed al-Hadd al'Ala for men. Thus women can get more shares than what has been determined by QS. An-Nisa verse 11 and article 176 KHI as long as it does not exceed the male share (½).
The Progressive Exegesis of Prophet Ismā’īl’s Sacrifice: Contextual and Symbolic Interpretation Fawaid, Ahmad; Thahir, A. Halil
QOF Vol. 9 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Keiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qof.v9i1.2801

Abstract

The narrative of Prophet Ismāʾīl’s sacrifice holds a central place in the exegetical tradition of the Qur’an, historically interpreted through literal and historical lenses by classical scholars. However, progressive Qur’anic hermeneutics provide a more contextual reading that resonates with the ethical and societal dynamics of contemporary life. This study revisits the story of Prophet Ismāʾīl’s sacrifice using a progressive exegetical approach by exploring the interpretations of three influential scholars: Muḥammad ‘Abduh, Muḥammad Ḥusain Ṭabaṭaba’ī, and Hamka. Employing a qualitative methodology and an extensive literature-based analysis, the study demonstrates that progressive interpretations do not merely critique literalism but emphasize deeper spiritual and ethical dimensions—particularly the concept of total submission (aslama) to God, the reinforcement of spiritual education within the family, and the exemplification of personal sacrifice for the collective good. The narrative is also interpreted as a symbolic model for the parent-child relationship in fostering communication, trust, and social piety. The findings affirm that progressive exegesis offers a constructive bridge between scriptural texts and contemporary contexts, enhancing the applicability and vitality of Qur’anic teachings in addressing modern spiritual, educational, and ethical challenges.
The Convergence of Sufism and Sharia: The Spiritual Basis of Family Resilience in Shiddiqiyah Congregation in Jombang, Indonesia Maliki Abitolkha, Amir; Thahir, A. Halil; Muzakki, Akh; Dodi, Limas
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 2 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/dvp86k16

Abstract

Sufi teachings play a strategic role in strengthening family resilience, particularly among the Shiddiqiyah Order community in Jombang. Sufi doctrine forms the basis for fulfilling social responsibilities as an expression of obedience to God. Sufi teachings erode worldly desires, lust and hedonism within the family, which pose a serious threat to resilience. This study aims to strengthen family functions through a Sufi approach, which in the process creates strong cohesion between Sufism and Sharia. Family resilience is created and shaped by the convergence of spirituality contained in the teachings of the order. Members of the order are able to adapt to mental, social and even economic crises through psychological and spiritual resilience. This concept is the answer to family breakdown and fragmentation caused by authoritarianism and hedonism. How is the concept of family resilience built by Sufi followers? How can Sufi teachings strengthen family resilience? This is a qualitative study, with primary data obtained from interviews and documentation. The results of the study show that the teachings of the Shiddiqiyah Order teach a balance between the Sufi and Sharia dimensions. The rituals of dzikir jahr and the heart are directed at strengthening the relationship with God, while still making worldly functions a manifestation of faith. From zikr, heart rituals and manifestations of faith can give meaning to family relationships, strengthen emotions and create openness in communication, healthy emotional expression through the concept of muhasabah as a spiritual instrument. It is this process that enables the families of the Shiddiqiyah Order to survive and harmoniously establish symbiotic relationships within the family.
Co-Authors Abd. Rahman, Zayad Ahmad Fawaid Amir Maliki Abitolkha Dodi, Limas Hamam, Zaenal Imam Annas Mushlihin Khoiruddin, Ahmad Mughni Sedayu, Rahmat Agung Tohari, Ilham