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Implikasi Hukum Kesenjangan Regulasi dalam Pencatatan Identitas Ayah Abdul Rahim, Abdul Rahim; Syamsuddin, Darussalam; Amin, Abd. Rauf Muhammad; Musyahid , Achmad; Bhatti, Muhammad Safdar
Jurnal Hukum Islam Vol 23 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i2.02

Abstract

This study examines the regulation of the minimum marriage age in the Compilation of Islamic Law as a form of progressive ijtihad based on maqaṣid al-shari‘ah. This research emphasizes how the marriage age requirement reflects the integration of maslahah fardiyyah (individual welfare) and maslahah ‘a’iliyyah (family welfare), both of which are legal principles aimed at protecting children and strengthening family institutions. Adopting normative legal methods with a statutory, conceptual, and philosophical approach, this research combines classical and contemporary Islamic legal thought and relevant laws and regulations in Indonesia. The theory of maṣlaḥah, developed by scholars such as al-Ghazali, al-Juwayni, al-Shaṭibi, and Ramadan al-Būṭi, forms the main theoretical foundation, particularly through the lens of ḍawabiṭ al-maṣlaḥah (parameters of public interest). These theories emphasize the preservation of life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), and lineage (ḥifẓ al-nasl) as central objectives of Islamic law. The findings show that the marriage age provision in the Compilation of Islamic Law is not merely an administrative policy but a legal strategy aligned with maqaṣid-based reasoning to prevent child marriage and its associated harms. This approach reflects a contextual reading of Islamic law that is responsive to socio-cultural changes, while remaining faithful to its foundational values. The study concludes that reinforcing a maṣlaḥah-based framework is essential to harmonize Islamic legal principles with national law and to ensure the well-being of individuals and families in contemporary society.
Analisis Penunjukan Makna dalam Ushul Fiqh: Telaah atas Lafaz Amm dan Khash Beserta Aplikasi Nash dan Implikasi Hukumnya H, Hardani; F, Fatmawati; Amin, Abd. Rauf Muhammad
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18145966

Abstract

This study examines the concepts of ‘Amm and Khâsh in uṣūl al-fiqh, which play a significant role in understanding the Qur’an and Hadith. The purpose of this research is to explain the meaning, types, and legal implications of general and specific expressions in Islamic legal interpretation. The method applied is library research by reviewing classical and contemporary scholarly works that discuss ‘Amm and Khâsh. The findings show that ‘Amm refers to expressions that apply to all individuals within a category without exception, while Khâsh points to a singular expression with a definite and limited meaning. This study also highlights three main forms of ‘Amm: ‘Amm yurâdu bihi ‘Amm, ‘Amm yurâdu bihi Khusûs, and ‘Amm makhsûs, whose interpretation depends heavily on context and qarīnah. In conclusion, a deeper understanding of ‘Amm and Khâsh is essential for ensuring accuracy in deriving Islamic laws and for affirming both the universal and specific nature of the Sharī‘ah in various situations
Makna, Urgensi, Historis, serta Perbedaannya dengan Qowaid Fiqhiya dan Qowaid Tasri’iyah Gazali, Muh. Rakasiwi A.; F, Fatmawati; Amin, Abd. Rauf Muhammad
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18163928

Abstract

The development of Islamic law in the modern era requires a methodology of istinbāṭ capable of addressing contemporary issues. However, in practice, confusion still arises in understanding the differences in function between Qawāʿid Uṣūliyyah, Qawāʿid Fiqhiyyah, and Qawāʿid Tasyriʿiyyah. This reality raises a fundamental question regarding the conceptual and applicative positions of these three types of legal maxims in the determination of Islamic law. This study formulates the following research problems: how do the functions and applications of Qawāʿid Uṣūliyyah, Qawāʿid Fiqhiyyah, and Qawāʿid Tasyriʿiyyah differ, and how can their integration strengthen contemporary Islamic legal methodology. This research employs a normative-qualitative method with a descriptive-comparative approach. Data were collected from classical uṣūl al-fiqh literature, fiqh works, and contemporary studies (2018–2025), and were analyzed using content analysis to identify differences, similarities, and patterns of integration among the three types of legal maxims. The findings indicate that Qawāʿid Uṣūliyyah function as the methodological foundation in the process of legal istinbāṭ, Qawāʿid Fiqhiyyah serve as practical guidelines for resolving everyday cases, while Qawāʿid Tasyriʿiyyah function as a normative basis for the formulation of Islamic law oriented toward maqāṣid al-sharīʿah..
Lafaz Muṭlaq dan Muqayyad dalam Perspektif Uṣūliyyah: Telaah Makna, Penerapan dalam Nas, dan Implikasi Hukum Akbar, Nico; F, Fatmawati; Amin, Abd. Rauf Muhammad
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18144689

Abstract

The Qur’an, as the primary source of Islamic law, employs a rich, diverse, and nuanced language. Among the forms of expression found within it are muṭlaq (unrestricted) and muqayyad (restricted) terms. A proper understanding of these concepts is essential, as legal rulings in the Qur’an and Hadith are often conveyed either in an unrestricted (muṭlaq) or a restricted (muqayyad) form. Classical scholars of uṣūl al-Fiqh have long examined the interaction between these two types of expressions, particularly when two legal texts address the same issue but differ in formulation one being muṭlaq and the other muqayyad. Scholarly debates also arise in cases where the legal ruling is the same but the underlying cause differs, or conversely, where the cause is the same but the ruling differs. This demonstrates the complexity of the methodology of Islamic legal derivation, which requires careful analysis of linguistic expressions, contextual considerations, and supporting evidences. Therefore, understanding muṭlaq and muqayyad is not only crucial in the theoretical domain of uṣūl al-Fiqh, but also carries practical implications in fiqh, particularly in the process of legal ijtihād that remains relevant to the evolving needs of the Muslim community.