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All Journal Ahkam: Jurnal Ilmu Syariah Al-Ahkam Al-Ihkam: Jurnal Hukum dan Pranata Sosial Humanistika : Jurnal Keislaman Maqasid: Jurnal Studi Hukum Islam Jurnal Ilmiah Ecobuss Al-Maslahah Asy-Syariah Jurnal Asy-Syukriyyah Proceedings of Annual Conference for Muslim Scholars Islam Universalia : International Journal of Islamic Studies and Social Sciences Sakina: Journal of Family Studies Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan, dan Hukum Islam Al-Muaddib : Jurnal Kajian Ilmu Kependidikan Al Mashaadir : Jurnal Ilmu Syariah Kafa’ah: Journal of Gender Studies Jurnal Ekonomi Syariah Pelita Bangsa As-Sidanah : Jurnal Pengabdian Masyarakat Al-Adillah : Jurnal Hukum Islam The Indonesian Journal of Islamic Law and Civil Law Mabahits Economic Reviews Journal Jurnal Islam Nusantara JURISY: Jurnal Ilmiah Syariah Al-Istinbath: Jurnal Hukum Islam Kartika: Jurnal Studi Keislaman Nusantara: Journal Of Law Studies Jurnal Kajian dan Penelitian Umum MILRev: Metro Islamic Law Review Al-Muqaranah : Jurnal Perbandingan Mazhab dan Hukum Maqamat: Jurnal Ushuluddin dan Tasawuf FIQHUL HADITS: Jurnal Kajian Hadits dan Hukum Jurnal Hukum Keluarga Islam Jurnal Intelek Insan Cendikia Jurnal Asy-Syukriyyah El-Waroqoh : Jurnal Ushuluddin Dan Filsafat Al-Mabsut: Jurnal Studi Islam dan Sosial Jurnal Cendekia Ilmiah Madania: Jurnal Kajian Keislaman AL-ASHLAH Indonesian Journal of Law and Islamic Law (IJLIL) Jurnal Ilmiah Ar-Risalah: Media Ke-Islaman, Pendidikan dan Hukum Islam Istidlal: Jurnal Ekonomi dan Hukum Islam Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan TSAQAFAH : Jurnal Peradaban Islam At Turots: Jurnal Pendidikan Islam
Imam Syafi'i
Universitas Islam Zainul Hasan Genggong Probolinggo, Indonesia
Religion Humanities Astronomy Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Social Sciences Other

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PENGARUH IJTIHAD IMAM SYAFI’I TERHADAP PERAN AKAL DALAM PEMBENTUKAN HUKUM ISLAM Imam Syafi’i; Abdul Aziz
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 1 No. 1 (2022): (January 2022)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

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Abstract

Abstract Imam Shafi'i positions human reason in the Istimbat al-Ahkam as a mediation of the 'Aqliyah proposition to reveal the purpose of God in the form of Nash, which sometimes has a relative nature (Dhahir, Mujmal, 'Aam, Mutlaq Etc.) where the mujtahid exploits his mind to reveal Nash's goal is to be grounded. That is in accordance with human expectations on this earth "Maslahah Lil Muslimin Wa al-Muslimah". However, once the role of reason remains in harmony and subject to the texts, this can be seen where Imam Shafi'i does not recognize Istihsan as one of the istinbâth procedures and also rejects Imam Malik's al-Masalih al-Mursalah. This has an impact on his followers, especially in the position of maṣlahah as hujjah as-Syar'iyyah. When maṣlahah is considered to be in conflict with texts, ijmâ' or qiyâs, the Shafi'iyah and Hanâbilah schools are of the opinion that if the maṣlahah conflicts with the texts, then what must be prioritized is the text and the position of the maṣlahah is not recognized for its validity. Because according to them maṣlahah mursalah can be taken later after there is a decision from the texts or fatwas of friends.
DINAMIKA PERKEMBANGAN METODE PENETAPAN HUKUM NAHDLATUL ULAMA DAN MAJELIS ULAMA INDONESIA DALAM PEMBARUAN HUKUM ISLAM Imam Syafi'i; Lukman Hakim
AL-ASHLAH : Jurnal Hukum Keluarga dan Hukum Islam Vol. 3 No. 2 (2024): (July 2024)
Publisher : Program Studi Hukum Keluarga Islam, Fakultas Syariah, Institut Agama Islam (IAI) Ibrahimy Genteng Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69552/alashlah.v3i2.2748

Abstract

This research aims to analyze the dynamics of the legal determination method developed by Nahdlatul Ulama (NU) and the Majelis Ulama Indonesia (MUI) in the context of legal reform so that it can accommodate problems that occur in the reality of human civilization. This research is library research, with an Islamic legal approach, qualitative data analysis and documentation techniques from both primary and secondary sources related to the legal determination method (istinbath al-ahkam) developed by NU and MUI. NU's method of legal determination has developed and has become the basic foundation of the legal system, namely using the qauliy, ilhaqiy and manhajiy school of thought approaches and gradually NU has made syarah (explanation) of this system. The MUI perfected the system and mechanism for determining laws using the al-jam'u wa at-taufiq method, the muqaranah method and the bayani and ta'lili methods as an explanation of the manhaji method. Furthermore, the MUI refined and confirmed this method to become organizational regulations. These dynamics reinforce that NU and MUI have moderate and adaptive principles, where Islamic law is flexible, elastic and dynamic according to current developments
The Perspective of Community Voice and Islamic Law on Akad Bhekal Tradition in Maron Kidul, Probolinggo District: Tradisi Akad Bhekal di Desa Maron Kidul Perspektif Masyarakat Dan Hukum Islam Linda Ruzyanti; Abu Yazid Adnan Quthny; Imam Syafi’i
Indonesian Journal of Law and Islamic Law (IJLIL) Vol. 5 No. 1 (2023)
Publisher : Jember: Sharia Faculty State Islamic University of Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijlil.v5i1.291

Abstract

The bekalan tradition frequently becomes the topic of discussion in the social community. The initial purpose of holding the bekalan tradition, which should be a pattern of intimacy, has now become a common mistake. Some associations between men and women during bhekalan are often known to deviate from Islamic Law. It has become standard when it is known that men and women during Bhekalan are always together, holding hands and even staying at their partner's house. Ironically, if such things are not done, it becomes a topic of controversy in the neighbourhood. The research discussed the implementation of the akad bhekal tradition that occurs in the Maron Kidul community and the community's perspective and Islamic Law on the tradition. It occurs due to the community's traditional law, which appears to have taken the form of local community customary law. This research uses a qualitative method where the primary source is obtained through observation, interview and documentation. The technique of testing data validity is to use the triangulation method. This research shows that the tradition of akad bhekal is not a fixed tradition that applies to the entire village of Maron Kidul. Furthermore, the implementation of the Akad Bhekal is the same as the implementation of the Akad Sirri.
MEMPERTANYAKAN LEGALITAS POLIGAMI abdul Aziz; Imam Syafii
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol. 19 No. 2 (2021): (Oktober 2021)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

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Abstract

When the issue of polygamy arises, it always be a public concern. For example, when PSI open the campaig for anti-polygamy. On another side, there are those who advocate polygamy because they consider it as a suggestion in Islam. Even tough they open a class to give tricks about how to be able to polygamy without any turmoil with the previous wife. As if the issue of polygamy is never over. So it is interesting to see the whole problem of polygamy in the poles, both in the fields of interpretation, hadith, or fiqh. By connecting with the issue of polygamy in the Indonesian context. The conclusion is that polygamy is regulated in Islam not to cause mafsadat, therefore polygamy needs fair attitude in treating all wives. Indonesia present on this issue to ensure a fair attitude so that permission from the first wife was required. And this requirement must be fulfilled, because it is a part of the obligation to obey the priest which is a religious command.
PROGRAM SANTRI FILANTROPI: PENDAMPINGAN PENGUATAN ASET PADA KOMUNITAS NU CARE-LAZISNU MWCNU KREJENGAN KABUPATEN PROBOLINGGO Imam Syafi'i; M. Sulthon; Babur Rahman; Nanik Paripati Qomariyah; Siti Sholeha
As-Sidanah Vol 6 No 1 (2024): APRIL
Publisher : LP2M Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/assidanah.v6i1.160-181

Abstract

The phenomenon of growing philanthropy, especially in sub-districts, Krejengan, Probolinggo Regency is an interesting study and requires assistance to increase its assets and potential. The aim of implementing this service is to explore asset potential, find asset development strategies, ensure the continuity of the Santri Philanthropy program, and expand partnerships based on the results achieved in the NU Care-LAZISNU MWCNU Krejengan community, Probolinggo Regency. In its implementation, this assistance uses an Asset - Based Community Development approach. Where the steps of discovery, dream, design, define, and destiny are carried out. In the context of this service, based on strategic analysis and how the ABCD method works, the general description of the implementation of mentoring includes the preparation stage, implementation stage, and reporting stage. As a result of the mentoring, the Santri Philanthropy Program is a potential asset for the NU Care-LAZISNU community in developing the KOIN NU movement. The NU Coin movement has been formed since 2020, and residents are enthusiastic about taking part because the majority of local residents are Nahdiyin residents, and the results obtained will be felt to be more beneficial given the existing potential. The strategy for developing assets in the NU Care - LAZISNU community from the Santri Philanthropy program is: planning, organizing, methods, and supervision. And the results achieved include uniform and organized program Standard Operating Procedures (SOP), control and management, scheduled reporting, and scheduled and planned tasharruf activities.
Harmonization of Islamic Law and Local Wisdom: A Methodological Reconstruction of Ijtihad in Family Law Based on Yusuf al-Qaradawi’s Istinbāṭ Approach Imam Syafi'i; Ramdan Wagianto; Hawa’ Hidayatul Hikmiyah; Irzak Yuliardy Nugroho; Syaikhoni
NUSANTARA: Journal Of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18359276

Abstract

This article examines the harmonization of Islamic law and local wisdom in family law issues through the development of the ijtihad method from the perspective of Yusuf al-Qaradawi's istinbāṭ method. Given that contemporary Muslim family issues are increasingly complex, this study emphasizes the need for an istinbāṭ framework that maintains the authenticity of naṣṣ while being responsive to social realities. This study employs a qualitative-normative approach, using usul al-fiqh analysis, and examines al-Qaradawi's key concepts as instruments for integrating local wisdom. Data were collected from exploring library materials related to Yusuf al-Qaradawi's works within the framework of istinbāṭ that was developed. The results of this study show that Yusuf al-Qaradawi developed an istinbāṭ method called istinbāṭ at-taysīr with three types, namely intiqā’iy tarjīhiy, ibdā’iy insyāiy, and intiqā’iy insyā’iy. This method combines as-salafiy, which does not adhere to the opinions of the fiqh schools, and al-mażhabiy, which is guided by the opinions of the imams of the schools, by re-examining the various opinions of the scholars or conducting their own ijtihad and choosing the opinion that provides leniency, provides convenience, is in accordance with the conditions, and combines local wisdom, to realize the greater good. The contribution of this article lies in providing a methodological model to bridge the tension between textuality and contextuality in family law, while offering academics and policymakers a basis for formulating norms that are more just, relevant, and in line with the demands of modern society.
Studi Komparatif terhadap Undang-Undang No. 52 Tahun 2009 dan Hukum Islam tentang Program Keluarga Berencana di Indonesia Imam Syafi’i; Muhammad Ihwan
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 6 No. 1 (2022)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v6i1.412

Abstract

Law of the Republic of Indonesia No. 52 of 2009 concerning Population Development and Family Development. The movement for controlling and limiting offspring (tahdid al-Nasl) set by the government had become problematic in Islam. The problem is how the practice of family planning in the Law of the Republic of Indonesia no. 52 of 2009 concerning Population Development and Family Development. Then what was the Islamic view on it concerning Population Development and Family Development? After conducting a data study, data exposure, and discussion through existing research methodologies. Population Development and Family Development was an effort to regulate, birth spacing or temporary pregnancy prevention efforts with the agreement of husband and wife due to certain situations and conditions for the benefit of the family, society, and the state. Based on the principles set out in Islam, the program was considered to follow the limits set out in Islam.
Implementation of Prenuptial Certificates as a Religious and State Effort in Forming a Sakinah Family Wahdatul Ramdhani Husnan Taufiq; Imam Syafi’i; Hawa Hidayatul Hikmiyah
The Indonesian Journal of Islamic Law and Civil Law Vol 5 No 1 (2024): April
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/jaksya.v5i1.753

Abstract

This journal discusses the implementation of premarital certificates as an effort made by religion and the state to form a sakinah family. This research uses a library research approach, meaning the research process or information search is carried out in the library or using literature sources and documents available in the library. This activity involves searching, identifying, and analyzing relevant sources of information. Apart from that, this research also uses a field research approach, meaning that data sources are taken from existing literature and from the field. The results of this research provide an in-depth understanding of the role of religion and the state in regulating marriage and offer valuable perspectives for legal practitioners, policy makers, and the general public interested in strengthening family values in society. As well as providing an understanding of the important role of pre-marital certificates in ensuring legality, protection and welfare for married couples and making it easier for the state to monitor and collect statistical data related to marriage and family.
Epistemology of Hadith in Syafi'iyyah and It’s Effect in Istinbāṭ al-Ahkām Imam Syafi’i; Subairi Subairi
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 9, No 1 (2022): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v9i1.2889

Abstract

This study aims to examine the Hadith in the Syafi'iyah Ulama. Historically, the style of thought of the scholars has focused on two schools, namely: the mutakallim school pioneered by the Syafi'iyyah scholars and the Ahnāf school, known as the fuqahā', which the Hanafi scholars built. These two schools have different paradigms, including in the study of Hadith, especially when istinbāṭ al-Ahkām. There are three points obtained in this study; first, the Syafi'iyyah scholars divide the Hadith (from the aspect of quantity) into two, namely the mutawātir Hadith and the ahād Hadith. Second, the scholars agree that Mutawātir hadith can be used as a basis for a source of law. At the same time, the ahād Hadith and the mursal Hadith of the Syafi'iyyah scholars provide certain conditions in making the ahād Hadith and mursal Hadith sources of law. Third, from the aspect of qat'iy-ẓanniy and 'ām-takhs, in the view of the Syafi'iyyah scholars that the word 'āmm is Zanni, so the pronunciation of 'āmm, what is in the Qur'an can be interpreted with the Hadith ahād and Qiyas because they are both Zanni. Zanni argues that there is no obstacle to assessing the Zanni.
Reconstructing Fatherhood in Islamic Law: A Fiqh al-Usrah and Qirā’ah Mubādalah Perspective on Relational Justice in Muslim Families Irzak Yuliardy Nugroho; Mufidah Ch; Ahmad Zayyadi; Imam Syafi’i; Hawa Hidayatul Hikmiyah; Abdul Hakim
TSAQAFAH Vol. 21 No. 2 (2025): Tsaqafah Jurnal Peradaban Islam
Publisher : Universitas Darussalam Gontor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/tsaqafah.v21i2.39

Abstract

This article explores fatherlessness in Muslim families through Fiqh al-Usrah and Qirā'ah Mubādalah. It reinterprets Surah al-Nisā' [4]:34 (qawwāmūn) and al-Taḥrīm [66]:6 (Qū anfusakum wa ahlīkum nārā), shifting paternal leadership from hierarchical authority to reciprocal moral guardianship (ḥirāsah akhlāqiyyah mubādalahiyyah), thereby legitimizing shared spiritual responsibility when fathers are absent. The study identifies the moral and spiritual deficit caused by paternal absence particularly declining ṣalāh discipline and ethical formation among children as a critical disruption of Islamic family ethics. Using a qualitative-normative approach integrating classical fiqh, Qur'ānic exegesis, and gender hermeneutics, it demonstrates that Qirā'ah Mubādalah offers a reciprocal framework for redistributing spiritual responsibility. The Qur'ānic ethic of caring for orphans (yatāmā) found in Surah al-Nisā' [4]:2-10 and al-Duḥā [93]:9 provides the dalīl shar'ī (legal proof) for mothers or communities to assume paternal religious roles (wilāyah ta'dībiyyah) when fathers are absent. This collective guardianship is grounded in maqāṣid al-sharī'ah, prioritizing preservation of faith (ḥifẓ al-dīn) and lineage (ḥifẓ al-nasl) over rigid gender roles. The study introduces relational justice ('adālah 'alāqiyyah) as an advancement beyond classical fiqh's transactional justice. While classical family law prioritized formal equity (inheritance, nafaqah, procedural fairness), it overlooked emotional labor ('amal 'āṭifī), caregiving (ri'āyah), and spiritual mentorship (tarbiyah rūḥiyyah). Relational justice mandates these as equally binding religious duties (farā'iḍ dīniyyah) shared between parents, ensuring that when one fails spiritually, the other gains full theological authority to lead, supported by communal accountability (mas'ūliyyah jamā'iyyah). The study concludes that Qirā'ah Mubādalah renews Fiqh al-Usrah by legitimizing shared moral leadership, redistributing patriarchal spiritual authority, and strengthening Muslim families' ethical foundations through reciprocity, emotional care, and functional competence.
Co-Authors Abd Hannan Abd. Hannan Abd. Hannan Abdul Aziz abdul Aziz Abdul Hakim Abdul Hakim Abdul Qodir Zaelani Abu Yazid Adnan Quthny Ah. Soni Irawan Ahmad Fajri Ahmad Zayyadi, Ahmad Ahmad, Wildanil Musthafa Ali Wafa Ali Zainal Abidin Arifin, Moh. Samsul Auliya Ghazna Nizami Babur Rahman Bustomi Efendi, M. Ridwan Faiqoh, Ruqoyatul Faiz Zainuddin Fauzan Freede Intang Chaosa Fronzoni, Vasco Hannan, Abd. Hawa' Hidayatul Hikmiyah Hawa’ Hidayatul Hikmiyyah Ihwan, Muhammad Irzak Yuliardy Nugroho Islam , Saiful Islam, Saiful Linda Ruzyanti Lukman Hakim M. Khoiruddin M. Sulthon, M. Maulidiyah, Nailin Nikmatul Misbahul Munir Mohamad Solihin, Mohamad Mufidah Ch Mufidah Ch Muh. Syafiun Nuroyn Muhammad Fatchur Rochim Muhammad Ihwan Muhammad Sulthon Muzakki, M. Harir Nafi'atul Amimah, N.H Najwa Najiyah Ubudiyah Nanik Paripati Qomariyah Nihayati, Nila Endah Nina Agus Hariati Noer Yasin Nur Diana Nur Izah Fitriah Nur Salim, Ahmad Farisi Popy Amilia Rahmania Zahrotul Jannah Ramdan Wagianto Rohenah Rohmatullah, Rizki Saiful Islam Sherly Unzilatil Kamilah Shobirin . Sigit Siswomiharjo Siti Sholeha Solimin, Solimin Subairi Subairi Subairi Subairi Subairi Suwandi Suwandi Syaikhoni Syaikhoni Tutik Hamidah Umar Muhammad Wahdatul Ramdhani Husnan Taufiq Wahyu Abdul Jafar Wulandari Zahro Eka Mahmuda