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DINAMIKA METODOLOGI USHUL FIKIH: ANALISIS KRITIS TERHADAP ALIRAN FUQAHĀ’, MUTAKALLIMĪN, DAN ṬARĪQAT AL-JAM‘ Abdul Hakim
Jurnal Ilmiah Multidisiplin Ilmu Vol. 3 No. 2 (2026): April : Jurnal Ilmiah Multidisiplin Ilmu (JIMI)
Publisher : CV. Denasya Smart Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69714/5tegwd44

Abstract

In the early period of Islam, uṣūl al-fiqh did not exist as a formally codified discipline, as the Companions and the Successors possessed strong linguistic competence and direct proximity to the sources of revelation, enabling them to intuitively comprehend principles of legal inference (istinbāṭ). However, with the expansion of the Islamic world, the gradual decline in Arabic linguistic proficiency, and the increasing complexity of ḥadīth transmission, the codification of uṣūl al-fiqh methodology became inevitable. This study aims to critically analyze the historical development of uṣūl al-fiqh methodology from the formative period to the emergence of three major methodological trends, namely Ṭarīqat al-Mutakallimīn, Ṭarīqat al-Fuqahā’, and Ṭarīqat al-Mutaʾakhkhirīn, as well as to examine the implications of these methodological differences for Islamic legal formulation. Employing a qualitative-descriptive approach with a historical-normative orientation, this research relies on library-based analysis of primary and secondary uṣūl al-fiqh sources, utilizing comparative and content analysis methods. The findings indicate that differing epistemological orientations among these methodological trends significantly influence approaches to textual evidence, hierarchies of legal reasoning, and interpretations of fundamental legal concepts such as ṣiḥḥah (validity), ijzā’ (sufficiency), and qaḍā’ (make-up obligation). This study affirms that uṣūl al-fiqh is not merely an abstract theoretical construct but a dynamic methodological framework that sustains the continuity and relevance of Islamic law in response to changing historical contexts.
The Obligation of a Married Daughter to Provide Financial Support for Her Parents Abdul Hakim; Muhammad Syafiul Umam
Journal of Indonesian Islamic Studies Vol. 4 No. 2 (2025): Journal of Indonesian Islamic Studies (April)
Publisher : Postgraduate Program of the State Islamic Institute of Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/jiis.v4i2.12183

Abstract

This article aims to explore the legal obligation of daughters to provide financial support (nafaqah) to their parents, both before and after marriage. It also analyzes the responsible parties for parental support when children cannot fulfill this obligation. The study employs a qualitative approach, utilizing a literature review method alongside normative and comparative frameworks. Primary sources include authoritative works in Islamic jurisprudence and relevant scholarly publications. The findings reveal that the obligation to financially support parents is not exclusive to sons but also applies to daughters who possess financial means. If a daughter lacks income or is financially dependent on her husband after marriage, she is not obligated to provide support. However, if she has her earnings—even after marriage—she remains jointly responsible with her male siblings, proportionate to their respective inheritance shares. In cases where the parents have only one daughter who is financially incapable and no other relatives can assist, the responsibility is transferred to the Bayt al-Māl.