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All Journal Madani: Multidisciplinary Scientific Journal Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
R, Rahmatullah
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Perlindungan Hak Perempuan Dalam Fatwa MUI Bidang Munâkaḥat Perspektif Maşlaḥah Alwi, Mujahid; R, Rahmatullah; Maloko, H.M. Thahir
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 1 (2024): Madani, Vol. 2, No. 1 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10491481

Abstract

The aim of this research is to discuss the protection of women's rights in the MUI Fatwa in the field of Munâkaḥat from a Maşlaḥah perspective. This research is qualitative research with the type of library research. The data collection method used in this research is literature study. The research results show that there is Maşlaḥah obtained regarding the protection of women's rights in the MUI fatwa in the field of Munâkaḥat. The MUI or Indonesian Ulema Council, the main Islamic administrative body in Indonesia, considers such relations to be legally dangerous because they are considered to violate public regulations. The MUI generally underlines the importance of complying with Islamic norms and state regulations, which is legally dangerous because it is considered to violate public regulations requiring official registration.
Kajian Lafaz ditinjau dari Penunjukan Maknanya: Lafaz Amar (Makna, Penerapan dalam Nash dan Implikasi Hukum) R, Rahmatullah; Masse, Rahman Ambo; M, Misbahuddin
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 1 (2025): Agustus
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The pronunciation of amar (order) in the science of jurisprudence is one of the most central linguistic and legal instruments in the establishment of Islamic law. This study aims to analyze the meaning, form, and legal implications of the pronunciation amar in the nash-nash of the Qur’an and hadith, as well as to study how contextual and sectarian differences affect its understanding. The study used a qualitative approach with descriptive-analytic and library study-based methods. Data were analyzed through a thematic-comparative approach and studied within the framework of Shariah maqashid. The results of the study indicate that originally, utterance amar indicates obligation, yet it can change to recommendation, permissibility, or other meanings depending on the contextual qarinah. Differences between sects and social dynamics also influence the interpretation of this pronunciation. This study asserts that an understanding of amar Is not sufficient to rely on textual grammar alone, but must be integrated with maqashid, maslahat, and contemporary legal realities. This study contributes towards strengthening a responsive and relevant legal istinbat methodology in the Islamic legal system in Indonesia.
Struktur Kaidah Fiqhiyyah: Fondasi Universal Dalam Penetapan Hukum Islam R, Rahmatullah; Musyahid, Ahmad
Media Hukum Indonesia (MHI) Vol 3, No 2 (2025): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

Fiqhiyyah rules are fundamental elements in the Islamic legal system that function as universal principles in determining laws based on sharia values. This article aims to systematically examine the structure of fiqhiyyah rules, starting from their constituent elements, their classification, to their function in responding to contemporary legal problems. Using a qualitative normative and historical-analytical approach, this study examines relevant classical and contemporary literature, and relates it to the maqasid al-syari'ah approach. The results of the study indicate that the structure of fiqhiyyah rules consists of general principles that are cross-disciplinary, systemically coherent, and able to interact with the modern social context without losing their normative basis. In addition, fiqhiyyah rules have been proven to have a strategic function in the methodology of ijtihad and the reconstruction of Islamic law, and have made a significant contribution to the integration between nash, maqasid, and reality. This study emphasizes that strengthening structural understanding of fiqhiyyah rules is very important in building a responsive, rational, and just Islamic legal system.
Konseptualisasi dan Dinamika Ijtihad: Telaah atas Metodologi, Produk Hukum, dan Implikasinya terhadap Modernisasi Hukum Islam R, Rahmatullah
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 1 (2025): Agustus
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This article examines ijtihad as a method of thinking in Islamic law, by highlighting the definition, requirements of mujtahid, methodological stages, as well as the variety of classical to contemporary methods of ijtihad. Ijtihad is an important instrument in maintaining the relevance of Islamic law to the dynamics of the times and developments of society. In the classical tradition, ijtihad is practiced individually by scholars who meet the strict requirements of science and morality. As for the modern era, ijtihad developed in a collective form through official institutions, allowing for a more contextualized multidisciplinary approach. Methods such as qiyas, maslahah mursalah, istishab, and istishab become the main tools in the process of ijtihad, which should always be directed at the attainment of maqashid al-shari‘ah. Thus, ijtihad is not only a reflection of intellectual creativity, but also an adaptive mechanism in ensuring that Islamic law remains solutive and applicative in a variety of situations.
Co-Authors Alwi, Mujahid M, Misbahuddin Maloko, H.M. Thahir MUSYAHID, AHMAD Rahman Ambo Masse