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All Journal Jurnal Asy-Syari'ah Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Akhmad Jalaludin
Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Other

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Special Position of Ashabah’s Heirs in the Sunni Islamic Jurisprudence of Inheritance: A Sociohistorical Approach Akhmad Jalaludin; Md Yazid Ahmad
Asy-Syari'ah Vol. 26 No. 1 (2024): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v26i1.33792

Abstract

This study discusses the relationship between the position of male relatives in relation to the heir, either directly or through a male lineage, and not through females (known as ‘aṣabah) in Sunni jurisprudence, within the context of the Arab anthropological background. Sunni jurisprudence assigns a special position to ‘aṣabah. Regardless of how distant the familial relationship of an ‘aṣabah is to the heir, they are not excluded except by another ‘aṣabah. This study employs a normative juridical approach with a sociohistorical and ushul fiqh perspective to explore the connection between the ‘aṣabah system in Islamic inheritance law and the sociohistorical backdrop of Arab society during the development of Islamic jurisprudence by Sunni scholars, especially focusing on the kinship system. The findings indicate that the ‘aṣabah system in the Sunni fiqh is an interpretation of the Qur'anic texts and Hadith, and that this interpretation is heavily influenced by the Arab kinship system, which is deeply rooted in a patrilineal local cultural context. The author argues that the association of the ‘aṣabah system with the local cultural practices of Arab society conflicts with several inheritance principles in the Qur'an, such as the principle that men and women with the same degree of kinship should have equal inheritance rights, the principle of bilateral inheritance, and the principle of prioritizing closer relatives.
Beyond Charity: The Transformative Role of Social Fiqh in Advancing Substantive Rights for Persons with Disabilities Akhmad Jalaludin; Agung Barok Pratama; Anindya Aryu Inayati
Al-Qisthu Vol 23 No 2 (2025): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v23i2.6100

Abstract

People with disabilities still do not get the same opportunities and special treatment according to the conditions experienced. Although the state guarantees equal rights for all citizens, its implementation for persons with disabilities is still not optimal, creating a gap between normative regulations and social reality. This research aims to analyze the issue through the perspective of social fiqh, which is the paradigm of Islamic law that emphasizes justice, empathy, and social inclusion, using a qualitative approach with a literature study design. Data was collected from academic works, official documents, and relevant policies, then analyzed by content analysis techniques through the systematic review method. The focus of the analysis is directed at mapping the principles of social fiqh that can be operationalized in answering the problem of marginalization of persons with disabilities. The results of the study show that the six main principles of social fiqh, namely al-'adālah (justice), at-tawādhu' (empathy), al-muwāsathah (social inclusion), ihyā' al-maṣāliḥ (empowerment), ḥifẓ al-nafs (care of the soul and mental health), and ta'līm wa tasyjīr (education and opportunity), not only provides theological legitimacy for the protection of the rights of persons with disabilities, but can also be used as a practical framework to encourage inclusive policies, economic empowerment, and adaptive access to education. The findings of this research can be an input for the government as a policy maker to formulate regulations that are more equitable for people with disabilities so that they can fulfill their social rights. In addition, it can be an input to the general public to be fair, empathetic and provide opportunities for socialization for people with disabilities so that they get equality and treatment as their conditions.
Co-Authors Agung Barok Pratama Anindya Aryu Inayati Md Yazid Ahmad