Imam Bonjol Juhari
Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember, Indonesia

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RECONSTRUCTING THE CONCEPT OF ISTIṬĀ’AH AL-NIKĀḤ: A MAQĀṢID AL-SHARĪ’AH RESPONSE TO FEMALE WAITHOOD Saini Saini; Moh. Jeweherul Kalamiah Moh. Jeweherul Kalamiah; Mutia Tsamratus Sabrina Mutia Tsamratus Sabrina; Imam Bonjol Juhari Imam Bonjol Juhari; M. Syafiqil Umam M. Syafiqil Umam
Al-Majaalis : Jurnal Dirasat Islamiyah Vol 13 No 2 (2026): AL-MAJAALIS : JURNAL DIRASAT ISLAMIYAH
Publisher : Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37397/al-majaalis.v13i2.1511

Abstract

Marriage postponement (waithood) among educated Muslim women in Indonesia has increasingly challenged conventional understandings of marital readiness rooted in biological maturity and domestic competence. This study aims to examine how Muslim undergraduate women in Jember reconstruct the concept of Istiṭā’ah al-nikāḥ within the socio-religious pressures of Pandalungan culture and pesantren traditions. Existing studies largely interpret Istiṭā’ah through material and legal dimensions, while limited attention has been given to women’s reflective experiences in redefining marital readiness through intellectual and psychological capacities. This research employed a qualitative phenomenological approach using Interpretative Phenomenological Analysis (IPA). Data were collected through in-depth interviews and participant observation involving ten Muslim female undergraduate students aged 20–25 in Jember, and analysed using a contemporary Maqāṣid al-sharī’ah framework. The findings revealed a process of deconstruction toward traditional standards of marriage based on chronological age and domestic readiness, followed by the reconstruction of Istiṭā’ah as holistic preparedness grounded in intellectual sovereignty, emotional maturity, and reflective responsibility. Waithood was interpreted as an ethical and preventive strategy (sadd al-dharī’ah) to safeguard the intellect (ḥifẓ al-‘aql) and self (ḥifẓ al-nafs) before entering the mīthāqan ghalīẓā. This study demonstrates that modernity within the Pandalungan-pesantren context generates a reflective negotiation between religious commitment, women’s autonomy, and substantive marital readiness.
Reconceptualizing Istitha‘ah In Contemporary Hajj Jurisprudence: A Systemic Maqasid Approach For Elderly And Disabled Pilgrims Didin Chonyta; Imam Bonjol Juhari
FALASIFA : Jurnal Studi Keislaman Vol. 17 No. 02 (2026)
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/yk6jn857

Abstract

This study aims to reconstruct the concept of istitha‘ah in Hajj jurisprudence through a systems-based maqasid al-syari‘ah approach in order to address the needs of elderly pilgrims and persons with disabilities. The study employs a qualitative normative-philosophical approach through comparative fiqh analysis of the Shafi‘', Hanbali, and Hanafi schools, maqasid al-syari‘ah theory, and Jasser Auda's systems approach. The findings show that classical fiqh has recognized external factors, but has not yet constructed them as an integrated institutional system as required by modern Hajj administration. This study formulates Systemic Istitha‘ah as a system-enabled capability, namely the capacity to perform Hajj that is formed through the interaction between individual capacity and systemic support. This concept comprises five dimensions: individual capacity, healthcare services, accessibility, institutional support, and governance, which interact with one another in determining pilgrims' actual capacity. From a fiqh perspective, this study proposes the conceptual category of mustati bi al-nizam for pilgrims whose capacity to perform the pilgrimage is realized through adequate systemic support, alongside mustati‘ bi al-nafs and ghair mustati‘. Thus, Systemic Istitha‘ah extends the determination of Hajj capacity from an individual-based approach toward a relational and systemic assessment, while remaining grounded in hifz al-nafs, hifz al-din, raf‘ al-haraj, and taysir.