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All Journal TAWASUT Indonesian Journal of Moderate Islam SAMAWAT: Journal Of Hadith and Qur'anic Studies
Syaifudin, Muh
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Religion Humanities Education Social Sciences Other

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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.
Co-Authors Aziz, Qiqiya Tantowi Fadil, Fadil Sholihah, Izzatus