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LAW OF MARRYING DAUGHTER OUT OF WEDLOCK BY BIOLOGICAL FATHER IN SHAFI'I AND HAMBALI MADHHABS Fadil, Fadil; Syaifudin, Muh; Aziz, Qiqiya Tantowi
TAWASUT Vol 11, No 1 (2024): JURNAL TAWASUT
Publisher : Pascasarjana Universitas Wahid hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/ta.v11i1.10902

Abstract

AbstractThis study aims to explore the views of the two main madhhabs in Islam, namely Shafi'i and Hambali Madzhabs, regarding the law of marrying daughters out of wedlock by their biological fathers. This research is done to understand the Islamic legal perspective of such marriages, a complex and challenging issue in Muslim societies.This study used normative and comparative legal methods. The normative method of law is focused on the analysis of Islamic law from the perspective of Shafi'i and Hambali Madhhabs related to the marriage of an extramarital daughter by her biological father. Meanwhile, the comparative method compares the views of the two madhhabs related to the same case. Data sources include primary legal materials, such as the Quran and hadith, and books, as well as secondary legal materials, such as data from the book of 4 madzhab and other books. The data collection techniques used were literature studies and interviews with Islamic jurists from both madhabs.From the research conducted, it was found that, according to Madzhab Shafi'i, the law of marrying a daughter out of wedlock by her biological father is invalid. Imam Shafi'i argued that a child born out of wedlock has no sexual relationship with his biological father, so a marriage between an adulterous daughter and her biological father is considered valid in his view. Meanwhile, according to Imam Hambali, if a woman becomes pregnant out of wedlock and is married by a man who impregnates or does not impregnate her, then the marriage is invalid or void because a pregnant woman, due to adultery, has an iddah period that is until her child gives birth. The child born cannot be sacrificed to his biological father but is still sacrificed to his mother and her family.Keywords: Biological Fathers, Extramarital Children, Marital Guardians
Living Hadith as an Interdisciplinary Approach: Integration between Textual Studies, Anthropology, and Sociology of Religion Syaifudin, Muh; Sholihah, Izzatus
SAMAWAT: JOURNAL OF HADITH AND QURANIC STUDIES Vol 9 No 1 (2025): HADITH AND QUR'ANIC STUDIES
Publisher : IAI BADRUS SHOLEH

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Abstract

This study explores Living Hadith as an interdisciplinary field that bridges textual scholarship, anthropology, and sociology of religion. The research argues that Living Hadith—the study of how prophetic traditions (hadith) are lived, interpreted, and practiced within Muslim societies—requires methodological pluralism to capture its textual depth and social dynamism. Drawing from ethnographic data and textual analyses of Living Hadith practices in Indonesia, including ritual recitations, communal commemorations (maulid), and everyday religious expressions, this study reveals how lived interpretations of hadith transform scriptural authority into cultural performance. By integrating textual hermeneutics with anthropological fieldwork and sociological analysis, the paper demonstrates how Living Hadith functions as both a moral discourse and a social institution that shapes Muslim identity. The findings highlight that interdisciplinarity is not merely an academic method but an epistemological necessity for understanding the social life of hadith. Through Indonesian case studies—particularly from Java, Aceh, and Minangkabau—the article offers a model for future Living Hadith research that combines textual fidelity with ethnographic insight and sociological theory.
State-Sponsored Qur’anic Exegesis and Interreligious Relations: A Comparative Study of Egypt, Saudi Arabia, and Indonesia Wijaya, Aksin; Abidin, Ahmad Zainal; Syaifudin, Muh
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 5 No. 2 (2025)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/iscs.v5i2.854

Abstract

This article explores how three state-sponsored Qurʾānic exegeses-al-Muntakhab (Egypt), al-Muyassar (Saudi Arabia), and al-Wajiz (Indonesia)-conceptualize the essence of religion and articulate models of interreligious relations. These tafsirs are selected because they are produced by official state institutions and therefore reflect the ideological orientations and religious policies of their respective governments. Employing a qualitative comparative method, this study combines theoretical hermeneutics to reconstruct the historical meanings of the tafsirs with philosophical hermeneutics to assess their relevance for contemporary Indonesian society. The analysis focuses on three dimensions: methodological identity, the conception of religion in terms of unity and diversity, and approaches to interreligious relations encompassing dialogue, social harmony, and cooperation. The findings demonstrate that although the three tafsirs share fundamental theological premises-such as monotheism, prophetic continuity, and moral universality-they differ significantly in interpretive orientation. Al-Muntakhab reflects a rational-moderate Azhari tradition, al-Muyassar adopts a scripturalist Salafi framework with exclusivist tendencies, while al-Wajiz advances an inclusive and accommodative hermeneutic aligned with Indonesia’s pluralistic ethos and the principle of Bhinneka Tunggal Ika. This study argues that state-sponsored tafsir functions not merely as a religious text but as an ideological instrument that shapes public religious discourse. When oriented toward justice, equality, and interreligious cooperation, such tafsir can contribute meaningfully to religious moderation in plural societies.
LEGAL PROTECTION OF DEBTORS IN FISHING GEAR PROCUREMENT AGREEMENTS FROM A MAQASHID PERSPECTIVE SYARI'AH Anwar, Rosikhan; Syaifudin, Muh
TAWASUT Vol. 12 No. 1 (2025): JURNAL TAWASUT
Publisher : Pascasarjana Universitas Wahid hasyim Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31942/ta.v12i1.13506

Abstract

This study aims to describe the problems and impacts of the procurement of fishing gear in the Bonang Subdistrict, Demak Regency community in terms of maqashid shari'ah. Efforts can be made to improve the fishing gear procurement agreement to comply with applicable laws. This research uses a legal sociology or empirical juridical research approach. The data collection techniques used are observation, documentation, and interviews. The results of this study indicate that Legal problems that occur in the fishing gear procurement agreement in Bonang Sub-District, Demak Regency, arise for several reasons: the debtor does not have capital, the deal is only made based on mutual trust, there is no black on white. The capital provider gets a share of 1 crew member every time the juragan goes to sea with the principal debt still the debtor's responsibility (juragan). The creditor does not want to because he will no longer receive a share of the crew when the debt is repaid. In addition, it often happens that when the jagan goes bankrupt and the fishing gear is sold, the debtor does not return the total amount of money, sometimes only 50 percent. Agreements in conventional law are regulated in Article 1320 of the Civil Code. Meanwhile, in Sharia economic law, the agreement leads to usury because an addition (mbageni) in the debt and credit agreement for procuring fishing gear is detrimental to the debtor.
Qur’anic Edu-Theology as a Framework for Holistic Education: A Critical Examination of Pedagogical Values in Surah al-Fātiḥah Syaifudin, Muh; Adam, Muhammad; Affandi, Abdullah
QOF Vol. 9 No. 2 (2025)
Publisher : Universitas Islam Negeri Syekh Wasil Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/qof.v9i2.3282

Abstract

Within the context of Islamic education, Surah al-Fātiḥah holds potential as a foundation for holistic pedagogy that integrates spiritual, moral, and intellectual dimensions. Nevertheless, empirical research systematically examining the application of Qur’anic Edu-Theology principles in modern educational practices remains limited, creating a gap between normative Qur’anic frameworks and contemporary pedagogical implementation. This study employs a qualitative approach by combining taḥlīlī exegesis for key-term analysis with mawḍū‘ī exegesis for thematic understanding of Surah al-Fātiḥah, integrated with modern educational theories such as compassion-based pedagogy, character education, and behaviorism. The study highlights six core principles of Qur’anic Edu-Theology: (1) divine compassion, (2) inclusivity, (3) justice and moral accountability, (4) loyalty and exemplary conduct, (5) consistency and perseverance, and (6) learning from exemplary models while avoiding misguidance, which can serve as practical guidelines in modern education. The findings indicate that these principles can form a pedagogical framework that is humanistic, transformative, and value-oriented, while simultaneously necessitating adaptive strategies to address normative challenges, including technology integration, student-centered approaches, and project-based learning. The primary contribution of this study is the introduction of the Qur’anic Edu-Theology concept as a paradigm for holistic education relevant to the modern context, while also providing a conceptual foundation for further research to explore other surahs and empirically test their effectiveness in educational practice