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Measuring Islamic Legal Philosophy and Islamic Law: a Study of differences, typologies, and objects of study Muhammad Fuad Zain; Ahmad Zayyadi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 1 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

This paper explores the philosophy of Islamic law and Islamic law in terms of definition, object, and implementation. The two cannot be separated in the discourse of Islamic law. By understanding the two terms, will be wise in giving the law to a problem that arose both in classical times and now. Philosophy of Islamic Law with a philosophical approach uncovers fundamental issues conceptually, methodically, systematically, radically, universally, comÂprehensively, and rationally. Meanwhile, the law, within the framework of Islamic norms, is formal legislation and from customs recognized by the ummah. The objects and methods of Islamic legal philosophy are to achieve benefit and the ultimate goal of MaqaÌ„sid al-SyariÌ„Ê»ah and are analytical, epistemological, critical, rational, and comprehensive.

Recontextualizing Islamic Inheritance Law in the Contemporary Era: An Uṣūl al-Fiqh Perspective and the Responses of Urban Muslim Communities Khoirul Amru Harahap; Ahmad Rezy Meidina; Muhammad Fuad Zain; Imam Sibawaih
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9148

Purpose – This article explores the recontextualization of Islamic inheritance law through the perspective of uṣūl al-fiqh, focusing on the reformist ideas of Munawir Sjadzali and their reception among urban Muslim communities in Purwokerto, Indonesia. It seeks to examine how contemporary Muslim communities negotiate classical inheritance doctrines in response to changing social realities and evolving notions of justice and gender equality. Methods – This study employs a qualitative approach by combining library research on Munawir Sjadzali’s concept of inheritance reform with fieldwork involving in-depth interviews with twelve informants, including religious leaders, Islamic legal practitioners, academics, and Muslim families. The analysis is framed through the principles of maqāṣid al-sharī‘ah and maṣlaḥah to interpret contemporary understandings and applications of Islamic inheritance norms. Findings – The findings reveal three distinct patterns of community responses to inheritance reform. Progressive groups support contextual reinterpretation by emphasizing gender equality, women’s economic participation, and substantive justice, reflecting Sjadzali’s reformist orientation. Moderate groups accept limited adjustments under specific familial and social circumstances while maintaining the Qur’anic inheritance ratios as the normative foundation. In contrast, conservative groups reject reinterpretation and uphold classical jurisprudential formulations as immutable religious prescriptions. These patterns demonstrate that public acceptance of inheritance reform is closely associated with differing understandings of uṣūl al-fiqh principles and the legitimacy of contextual ijtihād. Research implications/limitations – This study contributes to contemporary debates on Islamic legal reform by demonstrating how uṣūl al-fiqh can mediate between normative religious texts and evolving social realities in the recontextualization of Islamic inheritance law. However, the findings are limited to urban Muslim communities in Purwokerto and may not be generalizable to other socio-cultural contexts in Indonesia.

Recontextualizing Islamic Inheritance Law in the Contemporary Era: An Uṣūl al-Fiqh Perspective and the Responses of Urban Muslim Communities Khoirul Amru Harahap; Ahmad Rezy Meidina; Muhammad Fuad Zain; Imam Sibawaih
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9148

Purpose – This article explores the recontextualization of Islamic inheritance law through the perspective of uṣūl al-fiqh, focusing on the reformist ideas of Munawir Sjadzali and their reception among urban Muslim communities in Purwokerto, Indonesia. It seeks to examine how contemporary Muslim communities negotiate classical inheritance doctrines in response to changing social realities and evolving notions of justice and gender equality. Methods – This study employs a qualitative approach by combining library research on Munawir Sjadzali’s concept of inheritance reform with fieldwork involving in-depth interviews with twelve informants, including religious leaders, Islamic legal practitioners, academics, and Muslim families. The analysis is framed through the principles of maqāṣid al-sharī‘ah and maṣlaḥah to interpret contemporary understandings and applications of Islamic inheritance norms. Findings – The findings reveal three distinct patterns of community responses to inheritance reform. Progressive groups support contextual reinterpretation by emphasizing gender equality, women’s economic participation, and substantive justice, reflecting Sjadzali’s reformist orientation. Moderate groups accept limited adjustments under specific familial and social circumstances while maintaining the Qur’anic inheritance ratios as the normative foundation. In contrast, conservative groups reject reinterpretation and uphold classical jurisprudential formulations as immutable religious prescriptions. These patterns demonstrate that public acceptance of inheritance reform is closely associated with differing understandings of uṣūl al-fiqh principles and the legitimacy of contextual ijtihād. Research implications/limitations – This study contributes to contemporary debates on Islamic legal reform by demonstrating how uṣūl al-fiqh can mediate between normative religious texts and evolving social realities in the recontextualization of Islamic inheritance law. However, the findings are limited to urban Muslim communities in Purwokerto and may not be generalizable to other socio-cultural contexts in Indonesia.

Political-Legal Strategies in Regulating Interfaith Marriage: An Analysis of Supreme Court Circular Letter in Indonesia Muhammad Solikhudin; Ahmad Rezy Meidina; Ahmad Zayyadi; Ashima Faidati; Ikhdan Gimas Shufyansyah; Muhammad Fuad Zain; Nur Faizah
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3237

This article examines the political and legal dimensions underlying the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023, which addresses the issue of interfaith marriages in Indonesia. Through a qualitative approach employing doctrinal and socio-legal analysis, this study explores this policy's legislative intent, judicial implications, and broader societal impacts. The findings reveal that SEMA No. 2 of 2023 represents a strategic political-legal maneuver by the Indonesian judiciary to navigate the tension between religious norms, constitutional rights, and societal pluralism. While the circular aims to harmonize Islamic family law with Indonesia’s pluralistic legal framework, it has also sparked debates regarding its alignment with fundamental human rights principles and practical implications for legal certainty. This study contributes to the discourse on interfaith marriage regulation by offering a critical perspective on how judicial policies reflect and shape the broader political-legal landscape. The article concludes that SEMA No. 2 of 2023 is pivotal in balancing legal pluralism and social harmony and protecting religious and individual rights in Indonesia's dynamic legal system.

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