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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 al-Afkar, Journal For Islamic Studies 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 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 Nusantara: Journal Of Law Studies MILRev: Metro Islamic Law Review Al-Muqaranah : Jurnal Perbandingan Mazhab dan Hukum TAFAKKUR : Jurnal Ilmu Al-Qur'an dan Tafsir FIQHUL HADITS: Jurnal Kajian Hadits dan Hukum 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
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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.
The Contribution of Islamic Religious Education Teachers’ Social Competence in Enhancing Students’ Learning Motivation at Al Kautsar Senior High School and Al-Azhar Senior High School in Bandar Lampung A. Ikhlas Muhtar Hadi; Imam Syafi'i; Ali Murtadho
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3424

Abstract

The development of technology and the evolving characteristics of adolescents in the modern era require teachers not only to possess pedagogical competence but also adequate social competence in establishing harmonious, communicative, and inspiring interpersonal relationships. As Islamic-based educational institutions in Bandar Lampung, SMA Al-Kautsar Bandar Lampung and SMA Al-Azhar Bandar Lampung exhibit distinctive religious characteristics that are relevant to be examined, particularly in the context of the contribution of Islamic Religious Education (PAI) teachers’ social competence to students’ intrinsic and extrinsic motivation. This study employed a qualitative approach with a descriptive design. Data were collected through observation, interviews, and documentation. The data analysis was conducted through the stages of data reduction, data display, and conclusion drawing. The results indicate that the social competence of PAI teachers in both schools is categorized as good, as reflected in effective communication skills, empathetic attitudes, openness, and exemplary behavior in social interactions. Students’ learning motivation, both intrinsic and extrinsic, is also categorized as good. The findings suggest that teachers’ social competence contributes positively to enhancing students’ learning motivation, as harmonious interpersonal relationships are able to create a conducive, participatory, and meaningful learning environment. Based on these findings, future research is recommended to examine more deeply the influence of teachers’ social competence using quantitative or mixed methods approaches in order to obtain more measurable levels of effect. Furthermore, future studies may be expanded to different educational levels or other relevant variables, such as teachers’ personality competence, learning environment, and the role of technology in enhancing students’ learning motivation.
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.
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 : PT. 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.