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Ibn Rushd's Epistemology of Ijtihad in the Completion of Fiqh Ikhtilaf (Study of the Book of Bidayah Al-Mujtahid, Chapter of Worship) Fauzi, Muhammad Rezky; Bakri, Muammar; Shuhufi, Muhammad
International Journal of Islamic Studies Vol 3 No 2 (2023): December
Publisher : Pascasarjana UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ijis.v3i2.43356

Abstract

This study analyzes the nature and concept of Ibn Rushd's ijtihad in completing fiqh ikhtilaf among the ulama. He is known for his expertise in philosophy, logic, medical, and the fields of jurisprudence and jurisprudence (Islamic law). It can be proven in his monumental work "Bidayah al-Mujtahid wa Nihayah al-Muqtasid." This study conducted descriptive library research based on a normative theological approach. This study collected data from the primary source of the book "Bidayah al-Mujtahid wa Nihayah al-Muqtasid" and other relevant and related secondary sources and then analyzed it using content analysis techniques. The study results showed that: 1) Ibn Rushd has a rich experience and scientific background. He referred to many sources in his ijtihad that mostly came from the book al-Istiz\kar by Ibn Abd al-Bar, so those books influenced some of Ibn Rushd's ijtihad decisions. Thus, Ibn Rushd cannot be considered an absolute mujtahid. 2) Generally, he is still guided by the ijtihad methodology outlined critically by the Ulama. Meanwhile, there are some approaches to solve the problem of ikhtilaf, such as first, the al-jam'u approach (compromise); second, al-tarjih (selecting among the most substantial arguments); third, al-jam'u baina al-jam'i wa al -tarjih (a combination of the al-jam'u and al-tarjih approaches); fourth, tawaqquf (silence); fifth, al-takhyir (optional).
Cultural Values as Approach to Forming an Attitude of Religious Tolerance: Legal Politics of the Right to Religious Freedom Fatma, Fatma; Saleh Ridwan, Muhammad; Shuhufi, Muhammad
Journal of Law, Politic and Humanities Vol. 3 No. 4 (2023): (JLPH) Journal of Law, Politic and Humanities (August 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i4.258

Abstract

Religious intolerance has entered an emergency phase both globally and nationally. Overcoming religious intolerance as an effort to fulfill the right to freedom of religion continues to seek the right formulation with various alternative approaches that are easily accepted by society. This article aims to provide a basic understanding of the formation of official state policies through a cultural values approach that includes values of religious tolerance in Indonesia, especially cultural values of the Bugis and Toraja tribes groups in South Sulawesi Province, Indonesia. The method used is normative legal research with historical and statutory approaches, studying secondary data consisting of primary and secondary legal materials. Data were analyzed descriptively and prescriptively. The results of the study show that in Indonesia, South Sulawesi Province, especially the Bugis and Toraja tribes, there are cultural values that contain the value of religious tolerance. In the Bugis ethnic group, there are cultural values of Siri' Na Pesse and Assimareng which mean mutual cooperation, mutual respect, and respect regardless of socio-religious status, strong solidarity, and empathy for the suffering of others. Furthermore, the value of tolerance for the Toraja tribe is contained in the Longko and Pasomba Tedong values, which mean feeling grateful by blessing and respecting each other, tolerance is expressed in good speech, body language, perspective of others, and not embarrassing other people on the grounds of religious differences, the Toraja tribes believe that looking down on others is the same as embarrassing yourself.
TINJAUAN MAQASID SYARI’AH TENTANG TAKLIK TALAK DALAM PERNIKAHAN DI INDONESIA Haq, Izharul; Shuhufi, Muhammad; Patimah
MADDIKA : Journal of Islamic Family Law Vol. 5 No. 2 (2024): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v5i2.6402

Abstract

This paper aims to examine the practice of taklik talak in marriage in Indonesia from a maqasid sharia perspective.  Taklik talak is an agreement made by the husband after the marriage contract, in which he promises to impose talak if he violates certain conditions that have been agreed upon.  This practice has long been implemented in the Islamic family law tradition in Indonesia, with the aim of protecting the wife's rights and ensuring the husband's responsibilities. In this study, the concept of maqasid sharia is used as an analytical framework to assess whether taklik talak is in line with the main objectives of sharia, namely protecting religion (hifz ad-din), soul (hifz an-nafs), reason (hifz al-'aql), descendants  (hifz an-nasl), and wealth (hifz al-mal).  Analysis shows that taklik talak functions as a protection mechanism for wives in marriage, especially in ensuring that husbands fulfill their responsibilities, such as providing a living and maintaining household harmony.  This is in line with the principles of maqasid sharia, especially in maintaining justice, protecting women's rights, and preventing injustice in the household. However, the implementation of taklik talak also presents challenges, especially in the aspect of public understanding and its legal implementation.  Thus, a holistic approach is needed to increase legal awareness and provide clear guidance regarding taklik talak so that this practice remains relevant and beneficial for married couples in Indonesia
Kearifan Lokal dalam Bingkai Fiqh Budaya: Perspektif Islam Nusantara dan Relevansinya bagi Umat Global Nurfania, Andi Elvira; M, Misbahuddin; Shuhufi, Muhammad
Madani: Jurnal Ilmiah Multidisiplin Vol 4, No 1 (2026): February 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18328616

Abstract

This article examines local wisdom within the framework of cultural fiqh through the perspective of Islam Nusantara and its relevance for the global Muslim community. Islam Nusantara is understood as a manifestation of Islamic teachings that harmonize with local traditions and cultures without abandoning the universal principles of Islamic law. This approach emphasizes that fiqh is not rigid, but rather elastic in responding to social, customary, and cultural diversity. Local wisdom—such as traditions of mutual cooperation (gotong royong), deliberation (musyawarah), and respect for social harmony—is interpreted as embodying Islamic values that enrich religious practice. In a global context, the Islam Nusantara model offers a paradigm of religious moderation, tolerance, and intercultural peace. Thus, cultural fiqh serves as a bridge between normative texts and empirical realities, making it not only relevant to Indonesian society but also a potential source of inspiration for the world in building an inclusive and civilized civilization.
Fuqaha dan Kaderisasi: Histori, Kini dan Prospektif (Jejak Langkah Fuqaha dan Urgensi Kaderisasi Serta Prospek Fuqaha di Era Modern) N, Nurhasmi; Shuhufi, Muhammad; M, Misbahuddin
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 10 (2025): November
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18228375

Abstract

Fuqaha have played a highly strategic historical role as the heirs of the Prophet in formulating Islamic law and guiding the Muslim community. Their trajectory, from the time of the Prophet Muhammad, through the period of the Rightly Guided Caliphs, to the formation of the classical schools of fiqh, demonstrates the importance of cadre formation in maintaining the continuity of the Islamic intellectual tradition. However, the dynamics of the modern era present new challenges distinct from the classical period, such as issues of medical bioethics, the development of Islamic fintech, gender justice, environmental crises, and the rights of persons with disabilities. These challenges require the formation of fuqaha who are not only grounded in textual sources but also oriented toward the objectives of Islamic law and contemporary fiqh methodologies. This article argues that the urgency of cadre formation of fuqaha in the modern era lies in the ability to produce a generation of scholars capable of integrating the classical fiqh tradition with modern interdisciplinary approaches. The prospect is the emergence of fuqaha who are responsive, visionary, and solution oriented, enabling Islamic fiqh to remain a relevant moral and legal guide for global society.
Peran Fiqh Tasamuh dan Aqaliyyah dalam Menguatkan Ukhuwah di Tengah Isu SARA perspektif fiqih kontemporer Batara, A Muhammad; Shuhufi, Muhammad; M, Misbahuddin
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 10 (2025): November
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18212182

Abstract

The rise of SARA (Ethnicity, Religion, Race, and Intergroup Relations) issues in Indonesia poses a serious challenge to the unity of a multicultural society. This study aims to analyze the role of fiqh tasamuh (tolerance) and fiqh aqaliyyah (rationality) in strengthening ukhuwah through the perspective of contemporary fiqh. The research method employed is library research by examining classical and modern literature. The findings indicate that fiqh tasamuh serves as an instrument of tolerance in mitigating conflicts, while fiqh aqaliyyah emphasizes rational and maslahat-oriented approaches in addressing SARA-related issues. The integration of both within contemporary fiqh produces a contextual, solution-oriented, and applicable paradigm of Islamic law. In conclusion, strengthening ukhuwah through tasamuh and aqaliyyah has implications for creating an inclusive and harmonious society, with recommendations for enhancing contemporary fiqh literacy in education and public policy.
THE POSITION OF MAQASID AL-SHARI’A ON FIQH OF MINORITIES Wahib, Moh.; Samin, Sabri; Barsihannoor, Barsihannoor; Shuhufi, Muhammad
Jurnal Diskursus Islam Vol 8 No 2 (2020): August
Publisher : Program Pascasarjana, UIN Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jdi.v8i2.12532

Abstract

This paper elaborates in depth on the position of maqasid al-syari'ah towards minority fiqh. This research is a library research, descriptive in nature. This research uses normative (syar'i) and sociological theological approaches. Primary data sources are data obtained through literature studies with primary data taken from the Koran, hadith, jurisprudence books, books that study minority fiqh or others that are related to this research. The results showed that the position of maqasid al-syari ah is the foundation and foundation for the concept of minority fiqh. The format of the rules of maqasid al-syari'ah contained in minority jurisprudence, namely: First: al-taysir waraf' al-haraj (eases and raises difficulties). Second: tagayyur al-fatwa is a change in fatwa. Third: tanzil al-hajah manzilah aL-darurat (Needs occupy an emergency). Fourth: 'Urf or customs in society. Fifth: Annazru ila al-Ma'alat (seeing the legal consequences). Sixth: The congregation as a judge.