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All Journal Syariah: Journal of Fiqh Studies Jurnal Pendidikan Islam
Zuhri, Hilmi Husaini
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Evaluasi Fatwa Hukum Tubektomi Melalui Pendekatan Baru “Manhaj Bermazhab” Rohman, Fathur; Zuhri, Hilmi Husaini
Syariah: Journal of Fiqh Studies Vol 2 No 2 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i2.80

Abstract

Tubectomy, a permanent contraceptive procedure, generates debate within Islamic law concerning its validity. This study aims to evaluate the legality of tubectomy using a mazhab-based approach through the takhrij method, which is a method for deriving legal rulings from the perspective of Islamic schools of thought. The research critiques views permitting tubectomy based on changes in legal rulings due to changes in 'illat and maslahat mursalah, and compares the fatwas of the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), and academic perspectives from Fitri A.N., Akhmad Farid M.S., and Herlina Utami. A qualitative descriptive-analytical method is employed to analyze various sources, including classical fiqh texts and contemporary fatwas. The findings indicate that tubectomy is deemed haram and that the success of rekanalisasi does not alter this ruling. The consistency of this prohibition is based on the fact that reproductive organs cannot return to their natural function without medical intervention, thereby violating Islamic contraceptive principles. This conclusion supports the fatwa of NU which asserts the prohibition of tubectomy and rejects views allowing it under the condition of rekanalisasi. The study offers an in-depth understanding of the legal status of tubectomy and invites further discussion on contraceptive methods within modern Islamic jurisprudence.
Cultural Barriers and Challenges of Ma’had Aly: The Path towards a Competitive Islamic Higher Education Institution Munifah, Munifah; Puspitasari, Intan N.N.; Zuhri, Hilmi Husaini; Yani, Achmad; Jasmine, Asyifa Nadia; Kurniasari, Agustina
Nazhruna: Jurnal Pendidikan Islam Vol. 8 No. 2 (2025): Transformative Islamic Education in Pesantren and Madrasah
Publisher : Universitas Pesantren Kh abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/nzh.v8i2.216

Abstract

The dominance of the local realm and traditional values in Ma’had Aly has been deemed irrelevant in light of the recent need for modern education. Despite its significant potential, Ma’had Aly faces critical cultural challenges that hinder its transformation into a competitive and sustainable Islamic higher education institution. Accordingly, this article examines the cultural factors that influence governance, curriculum development, and technological integration within the context of ma’had aly, a pesantren-based model of Islamic higher education. Utilizing a qualitative case study approach, this research gathered data from interviews with participants, documents, and observations. It was also supported by web scraping techniques—drawing from news outlets, websites, and social media platforms relevant to ma’had aly discourse. The findings revealed that Ma'had Aly faced cultural barriers in several key aspects. First, the dominance of conservatism is signified by the educational orientation that relies on classical texts, Islamic teachings, organisational structure, and institutional management that is not based on modernisation-administrative principles. Secondly, there is a traditional management approach that tends to be less adaptive, characterised by a centralised organisation, an alum majority in the staff structure, centralised policy, and central decision-making. Finally, this research identified curriculum decontextualization in the areas of curriculum composition, orientation, and implementation, which is considerably inflexible in the context of globalization and technological enhancement. Thus, this research highlights the need for visionary leadership that is responsive to change and for comprehensive institutional reform.
Co-Authors Fathur Rohman, Fathur Jasmine, Asyifa Nadia Kurniasari, Agustina Munifah Munifah, Munifah Puspitasari, Intan N.N. Yani, Achmad