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All Journal Al-Zahra : Journal for Islamic and Arabic Studies
Refki Saputra
STIS AL WAFA, Bogor, Jawa Barat
Arts Humanities Languange, Linguistic, Communication & Media

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مركزية مقاصد الشريعة في تنزيل الأحكام على القضايا المعاصرة Refki Saputra
Al-Zahra : Journal for Islamic and Arabic Studies Vol 19, No 2 (2022): Al-Zahra: Journal For Islamic And Arabic Studies
Publisher : Fakultas Dirasat Islamiyah, Univitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/zr.v19i2.24603

Abstract

Contemporary life is witnessing rapid change and tremendous development in all aspects in which number of matters, incidents and cases have appeared requiring scholars to explain on their legal description and the legal rules. This research attempts to clarify the status of the main purposes of Sharia and its pivotal authority in the process of creating Sharia rules on an incident. The research revealed the role of the purposes of Sharia in the particular ijtihad in order to ensure the fulfillment of the intended goals by the God because the process of creating the rules pays attention on achieving the purposes, public goods, and goals sought by the Sharia by legislating those rules. The research employed the inductive and analytical approach, based on approved references and sources. The research concludes that the purposes of Sharia have a major central role in the process of creating a rule on an incident. This central role is represented in five basic matters: in realizing the basis of the rule, in changing the rule in order to change its area, in postponing the application of the rule in urgent circumstances, in excluding an incident from the general rule, and in favoring a jurisprudential opinion that is appropriate to the place of judgment and achieves the intended interests of the Sharia.
Utilizing Zakat Funds through Qarḍ Ḥasan between Tamlīk and Maṣlaḥah in Contemporary Fatwas Refki Saputra; Rizaludin; Abdul Rochim
Al-Zahra : Journal for Islamic and Arabic Studies Vol. 23 No. 1 (2026): Al-Zahra: Journal for Islamic and Arabic Studies
Publisher : Fakultas Dirasat Islamiyah, Univitas Islam Negeri (UIN) Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/zr.v23i1.53629

Abstract

This study aims to examine the contemporary juristic debate on zakat distribution through qarḍ ḥasan from a maqāṣidī ijtihād perspective, based on a comparative analysis of fatwas issued by the Indonesian Ulema Council, Kuwait’s Fatwa Committee, Jordan’s General Iftaa’ Department, and the International Islamic Fiqh Academy. The significance of this study stems from the growing utilization of zakat funds in economic empowerment programs and the jurisprudential issue concerning the extent to which the requirement of tamlīk can be reconciled with maṣlaḥah amid contemporary social and economic transformations. This study employs a qualitative approach through an analytical-comparative literature review, drawing on uṣūl al-fiqh, maqāṣid, and sociological approaches to analyze primary sources, including fatwa documents, fiqh resolutions, and official institutional documents, to identify their Sharīʿah- and maqāṣid-based foundations and relevance to beneficiaries’ social and economic needs. The findings show that Kuwaiti and Jordanian fatwa bodies and the International Islamic Fiqh Academy tend to prohibit utilizing zakat funds through qarḍ ḥasan, based on tamlīk and immediacy in zakat payment. The scientific contribution of this study lies in revealing two models of maqāṣid-based ijtihad in constructing the relationship between ownership transfer (tamlik) and public interest (maṣlaḥa) in the distribution of zakat funds.
Co-Authors Abdul Rochim Rizaludin