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All Journal Indonesian Journal of Islamic Law (IJIL) An-nisa: Journal of Islamic Family Law
Lianne, Ghazal
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Reconfiguring Hanafi Jurisprudence in Central Asia: A Comparative Study of Contemporary Uzbek Islamic Legal Thought and Classical Transoxanian Usul al-Fiqh Lianne, Ghazal; Tuleen, Jouri; Rahman, Izza Afkarina; Nursultan Daulet; Shamil Alyautdinov
Indonesian Journal of Islamic Law Vol. 8 No. 1 (2025): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/sych6h79

Abstract

This article explores the evolution of Hanafi legal theory in Central Asia, with a comparative analysis of contemporary Uzbek Islamic legal thought and the classical Transoxanian Usul al-Fiqh tradition. The study investigates how historical developments and socio-political transformations have influenced the interpretation and application of Hanafi principles in modern Uzbekistan. Drawing from textual analysis of classical Usul al-Fiqh manuscripts, contemporary legal documents, and interviews with Islamic scholars in Uzbekistan, this research situates modern Uzbek Islamic jurisprudence within its historical and regional context. The findings highlight key continuities and divergences in the methodologies employed by contemporary Uzbek jurists compared to their classical Transoxanian predecessors. These include shifts in prioritizing textual over rationalist interpretations, the role of state authority in shaping legal discourse, and the increasing incorporation of public policy considerations within Islamic legal reasoning. The study also examines how these changes reflect broader trends in Islamic legal reform across post-Soviet Central Asia. This article concludes that while contemporary Uzbek Islamic legal thought retains a foundational connection to classical Hanafi principles, it represents a localized adaptation influenced by modern challenges, including legal pluralism and state interventions. The analysis underscores the importance of understanding historical and cultural contexts in shaping Islamic legal traditions. It contributes to broader discussions on the dynamic interplay between classical jurisprudence and modernity in Muslim societies.
Jurisprudence of the Banda Aceh Syar'iyyah Court in the Determination of Post-Divorce Child Support Rahman, Mujibur; Shabarullah, Shabarullah; Lianne, Ghazal
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.355

Abstract

This study examines the judicial considerations and implementation of child support arrangements following divorce as stipulated in the Decision of the Mahkamah Syar’iyyah Banda Aceh Number 450/Pdt.G/2023/MS.Bna, as well as the form of legal protection afforded to children’s rights. Using a descriptive qualitative method with a normative juridical approach, this research analyzes relevant statutory regulations, Islamic legal principles, and the court decision as the primary data source. The findings reveal that the judges endorsed the parties’ agreement regarding child custody and financial responsibility, resulting in a shift of the child support burden from the father to the mother. This determination was made on the basis of the child’s best interests, despite the normative rule that places the primary obligation of support on the father according to Article 41 of Law No. 1 of 1974, Article 80 of the Compilation of Islamic Law, and classical fiqh principles. Mahkamah Syar’iyyah adopts a flexible approach in allocating support obligations when justified by mutual agreement and the welfare of the child. Theoretically, this study contributes to strengthening the maqāṣid al-sharī‘ah framework particularly the principle of maslahah al-walad within contemporary family law adjudication. The study underscores the need for continuous evaluation of religious court practices to ensure consistent and effective protection of children’s rights to financial support after divorce.
Co-Authors Nursultan Daulet Rahman, Izza Afkarina Rahman, Mujibur Shabarullah, Shabarullah Shamil Alyautdinov Tuleen, Jouri