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All Journal Taqnin: Jurnal Syariah dan Hukum Journal of Law, Poliitic and Humanities Journal of Student Research Jurnal Kajian dan Penelitian Umum Jurnal Ilmiah Research Student IIJSE Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Jurnal Pengabdian Masyarakat dan Riset Pendidikan Konstitusi: Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Mahkamah: Jurnal Riset Ilmu Hukum Mesada: Journal of Innovative Research Albayan : Journal of Islam and Muslim Societies Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Muhammad Amar Adly
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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Larangan Meminang Wanita dalam Masa Iddah Menurut Mazhab Syafi`i Endah Lakona Sitakar; Muhammad Amar Adly
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 3 No. 1 (2026): Januari : Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v3i1.1451

Abstract

The prohibition of proposing to a woman during her ‘iddah period constitutes an Islamic legal provision that is firmly grounded in the normative foundations of the Qur’an and fiqh. This provision aims to preserve the clarity of lineage, protect women’s dignity, and maintain order within the legal framework of marriage. This article examines, from a normative perspective, the prohibition of proposing to a woman during her ‘iddah according to the Shāfi‘ī school of law. The study employs a normative legal research method with a qualitative approach through library research, drawing upon the Qur’an, hadith, and authoritative (mu‘tabar) Shāfi‘ī fiqh texts. The findings indicate that the Shāfi‘ī school strictly prohibits explicit proposals to women during all types of ‘iddah, including ‘iddah resulting from revocable divorce (ṭalāq raj‘ī), irrevocable divorce (ṭalāq bā’in), annulment (fasakh), and death. As for indirect proposals (ta‘rīḍ), they are permitted only for women whose ‘iddah is not accompanied by a right of reconciliation, such as ‘iddah due to death and ‘iddah of ṭalāq bā’in, while remaining prohibited during ‘iddah raj‘ī. This legal ruling reflects the prudence of the Shāfi‘ī school in preventing the occurrence of invalid marriage contracts and affirms the function of ‘iddah as an instrument of Islamic legal regulation rather than merely a biological waiting period.
Perlindungan Kehormatan dalam Aturan Pandangan dan Sentuhan antar Mahram Menurut Mazhab Syafi‘i Husnul Furqon; Muhammad Amar Adly
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 3 No. 1 (2026): Januari : Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v3i1.1450

Abstract

This article examines in depth the concept of protecting human dignity through the regulation of gaze and physical contact among mahram according to the Shafi‘i School of Islamic law. From an Islamic perspective, the preservation of dignity (ḥifẓ al-‘irḍ) occupies a highly fundamental position as part of the objectives of Islamic law, particularly in regulating social relations and family interactions. Although mahram relationships legally allow closer interaction, Islam continues to establish ethical boundaries to safeguard purity and moral values. This study is a normative legal research employing conceptual and normative-fiqh approaches, relying on primary sources such as the Qur’an, the Prophetic traditions (hadith), and classical as well as contemporary Shafi‘i jurisprudential literature. The findings indicate that the Shafi‘i School does not regard mahram relations as a sphere of absolute and unrestricted freedom, but instead provides clear regulations concerning gaze and physical contact. Visual interaction is permitted in a limited manner, restricted to certain parts of the body and subject to the condition that it does not provoke desire or potential moral temptation (fitnah). Meanwhile, physical contact is regulated more strictly and, in principle, is only permitted in situations of legitimate shar‘i necessity, such as medical treatment or emergency circumstances. Therefore, the regulation of gaze and physical contact among mahram in the Shafi‘i School functions as an instrument for protecting human dignity, preserving the sanctity of family relationships, and preventing behavioral deviations from an early stage.
Walimah atau Pesta Perkawinan sebagai Praktik Sunnah dalam Perspektif Hukum Islam Meifiani Ritonga; Muhammad Amar Adly
JURNAL ILMIAH RESEARCH STUDENT Vol. 3 No. 1 (2026): Maret
Publisher : KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jirs.v3i1.8621

Abstract

Walimah or wedding celebrations are one of the sunnah practices in Islam that have religious and social dimensions. However, in contemporary society, their meaning has often shifted to become an event of prestige and a symbol of social status. This shift has the potential to cause waste and economic burdens that are not in line with the principles of Islamic law. This study aims to examine the position of walimah from the perspective of Islamic law and analyze the principles and practices of its implementation in modern society. The research method used is a qualitative approach with library research, with data sources in the form of the Qur'an, Hadith, classical fiqh books, and relevant contemporary scientific literature. Data analysis was conducted descriptively and analytically using a normative-juridical approach. The results of the study show that walimah is considered a highly recommended sunnah mu'akkadah, with the main principles of implementation being simplicity, affordability, and benefit, as well as the prohibition of extravagance (israf and tabzir) However, the practice of walimah in society often deviates from this principle due to the influence of customs and social pressure. This study concludes that the implementation of walimah can accept elements of local customs and culture as long as they do not conflict with Sharia values, so that walimah should ideally be returned to its essence as a means of gratitude, announcement of marriage, and strengthening of social solidarity.
Hukum Menikahkan Anak Perempuan Luar Nikah oleh Ayah Biologisnya Menurut Imam Syafi’i dan Imam Hanafi Ihsan Siregar; Muhammad Amar Adly
JURNAL ILMIAH RESEARCH STUDENT Vol. 3 No. 1 (2026): Maret
Publisher : KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jirs.v3i1.8786

Abstract

The marriage guardian is an important aspect of Islamic marriage law that has been the subject of disagreement among scholars, particularly between Imam Shafi'i and Imam Hanafi. This difference in opinion has significant legal implications for the validity of marriage, especially regarding the position of guardians for adult women. This study aims to analyze the basis for the differences in opinion between Imam Shafi'i and Imam Hanafi regarding the position of the marriage guardian and its relevance in the development of Islamic family law. The research method used is library research with a legal-normative and historical-conceptual approach, using primary sources in the form of classical fiqh books and secondary sources in the form of books, scientific journals, and relevant laws and regulations. The data was analyzed descriptively, analytically, and comparatively to compare the arguments of the two schools of thought. The results of the study show that Imam Shafi'i established the guardian as an absolute pillar of marriage, so that marriage without a guardian is declared invalid, both for unmarried women and widows, adults and minors. Meanwhile, Imam Hanafi argues that adult women of sound mind can marry themselves without a guardian as long as they meet the requirements of kufu' and a suitable dowry, so that the presence of a guardian is sunnah, not an essential element. The conclusion of this study confirms that these differences of opinion are caused by differences in understanding the arguments of the Qur'an and hadith, as well as the methods of istinbath (derivation of legal rulings) used by each imam, which demonstrates the flexibility of Islamic law in responding to social contexts and community needs.
Diferensiasi Fasakh, Khulu', dan Pembatalan Perkawinan dalam Fikih Mazhab dan Hukum Positif Indonesia Zamzam Alfathoni Fillah; Muhammad Amar Adly; Heri Firmansyah
Ahlana: Jurnal Hukum dan Hukum Keluarga Islam Vol 3, No 2 (2026): Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v3i2.30495

Abstract

This study seeks to examine, in a thorough manner, how the institutions of fasakh and marriage annulment operate when viewed through both Islamic jurisprudence and Indonesia’s positive law. Its central concern lies in the various grounds that justify fasakh, namely concealed physical defects, deception (tadlis), the disappearance of a spouse (mafqud), and sexual incapacity. Beyond that, the article traces the differing positions held by the four principal schools of jurisprudence (madzhab) concerning the juridical placement of fasakh, khulu’, and talak, while also reviewing how annulment is applied under Law Number 1 of 1974 together with the Compilation of Islamic Law (KHI). Methodologically, the work adopts a juridical-normative design carried out through library research. Findings reveal that fasakh and annulment alike operate as protective mechanisms intended to spare the wronged party from harm (mudharat). What distinguishes the two is the moment at which the defect emerges: annulment rests on flaws that taint the contract from its inception, whereas fasakh responds to circumstances that surface, or only become known, once the contract has been concluded. Within the Indonesian framework, annulment additionally safeguards children’s legal standing, treating them as legitimate even after their parents’ marriage has been set aside.
Co-Authors Anna Muwaffika Dahanum, Wani Dewiyanti Rambe Endah Lakona Sitakar Heri Firmansyah Husnul Furqon Ihsan Siregar Imam Yazid Indah Amani Lubis Khalid Khalid M. Syafii Nasution Meifiani Ritonga Muhammad Saputra Nurmala Dewi Lubis Rahmadhani Simatupang Siswahyudianto Sulastri Daulay Taufikh Watni Marpaung Zamzam Alfathoni Fillah