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The Role of Qawāʿid fiqhiyyah in Addressing Contemporary Legal Issues Wildan Miftahussurur; Muhammad Fauzinudin Faiz
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 3 No. 1 (2026)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/jbrww288

Abstract

This article examines the role of qawāʿid fiqhiyyah (Islamic legal maxims) as a methodological framework for addressing contemporary legal issues in Islamic law. Employing a qualitative normative-analytical approach, the study analyzes classical juridical texts and contemporary Islamic legal scholarship to explore how legal maxims function in modern legal reasoning. The findings demonstrate that qawāʿid fiqhiyyah operate not merely as doctrinal summaries, but as active instruments that structure juristic reasoning, mediate between normative sources and social realities, and guide legal judgment in contexts marked by complexity and uncertainty. The analysis further reveals that legal maxims play a crucial role in operationalizing the objectives of Islamic law (maqāṣid al-sharīʿah), particularly in areas related to legal certainty, harm prevention, facilitation, and contextual adaptation. By bridging classical doctrine and contemporary socio-legal challenges, qawāʿid fiqhiyyah enable Islamic law to maintain methodological coherence while remaining responsive to change. This study argues that the continued relevance of Islamic law in the modern era depends not on normative rupture, but on the reactivation of its internal juristic methodologies, with legal maxims serving as one of its most robust and adaptable tools.
Arabic Grammar in Minangkabau Surau: Philological Perspectives on Traditional Islamic Education Akhyar Hanif; Septika Rudiamon; Muhammad Fauzinudin Faiz; Cut Afrina; Arifki Budia Warman; Elvi Rahmi
Nazhruna: Jurnal Pendidikan Islam Vol. 8 No. 3 (2025): Transformative Islamic Education
Publisher : Universitas Pesantren Kh abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/nzh.v8i3.210

Abstract

This study aims to uncover the reasons why Nahwu manuscripts are found in almost every surau in Minangkabau and how Nahwu, a branch of Arabic grammar, was taught in these traditional Islamic educational institutions. This research is qualitative research employing a philological approach, which seeks to describe and reveal the phenomena surrounding surau education in Minangkabau. Based on the discovery of Nahwu manuscripts, and to explore the instructional process of Nahwu in these institutions. Primary data sources include several Nahwu manuscripts, along with the leaders of Inyik Jaho Surau, Surau Labai Sati Malalo, and the SurauSyaikh Abbas Padang Japang. Secondary data sources comprise various books, articles, and other related references. The research finds that the Nahwu manuscripts discovered in these surau represent the most authentic evidence of Islamic educational traditions in historical Minangkabau. Nahwu was not only considered essential for understanding religious texts but also regarded as an integral part of religious life. Instruction was delivered through the sorogan method, whereby teachers would recite and guide the memorization of Nahwu texts, translate them, and apply them to the study of other religious books. Nahwu material was taught progressively in three levels: elementary, intermediate, and advanced, each with its respective classical texts.
Book Review: Islamic Law in Circulation: Shāfiʿī Texts Across the Indian Ocean and the Mediterranean, by Mahmood Kooria, Cambridge University Press, 2021. 240 pp. ISBN: 9781108481461 Muhammad Fauzinudin Faiz; Syuhood B. Kooria
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/qvtj6572

Abstract

This article reviews Islamic Law in Circulation: Shāfiʿī Texts Across the Indian Ocean and the Mediterranean by Mahmood Kooria, which explores the transmission of Islamic legal texts within maritime networks across the Indian Ocean and the Mediterranean. Kooria introduces the concept of "maritime intellectuals" to explain scholar-merchants' dual role in disseminating Islamic legal knowledge. Employing an interdisciplinary approach that integrates philological studies, maritime history, and social network analysis, the book offers new insights into the dynamics of Islamic legal circulation. While the book excels in manuscript analysis and the use of multilingual sources, its limitations lie in the lack of engagement with oral traditions and the under-representation of women's roles in Islamic scholarly networks. Overall, this work significantly contributes to studying Islamic legal history and the global circulation of knowledge.
IQZATH Theory: Reconstructing Islamic Economics toward a Moral-Spiritual and Sustainable Paradigm Muhammad Fauzinudin Faiz; Wildan Miftahussur
Journal of Islamic Studies and Education Vol. 4 No. 3 (2026)
Publisher : Presscience

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63120/jise.v4i3.142

Abstract

The rapid growth of Islamic economics has strengthened Sharia-compliant finance, halal industries, and Islamic social finance. However, its theoretical development remains constrained by the absence of an integrated framework explaining how spiritual consciousness generates ethical governance and sustainable economic outcomes. Existing paradigms largely emphasize legal compliance, institutional governance, and normative objectives while offering limited explanation of the causal mechanisms linking individual moral transformation to organizational governance and long-term sustainability. This study develops IQZATH Theory (Iqtishādiyyah az-Zakiyyah ath-Ṭāhirah) as a novel middle-range theoretical framework for reconstructing Islamic economics from a moral-spiritual perspective. Employing a qualitative conceptual design with a theory-building approach, the study synthesizes interdisciplinary literature on Islamic economics, governance, business ethics, sustainability, and Islamic philosophy through ontological, epistemological, and axiological analyses. The proposed framework identifies tazkiyah (spiritual purification) as the foundational causal mechanism that fosters Nazahah (ethical integrity), Syaffafah (institutional transparency), public trust, and ultimately Istidamah (sustainable governance). Unlike existing approaches that primarily prescribe normative ideals, IQZATH explains how spiritual values are transformed into institutional behavior through an integrated causal process connecting the individual, organizational, and societal levels. The theory contributes to Islamic economic scholarship by repositioning spirituality as an endogenous explanatory construct rather than merely a normative principle, thereby extending international discussions on ethical governance and sustainable development. Future empirical research is encouraged to operationalize and validate the proposed constructs across diverse institutional and cross-cultural settings.
Bridging Maqāṣid al-Sunnah in Contextual Hadith Commentaries: A Case Analysis of the Hadith on Humanity in the Divine Image Muhid; Muhammad Fauzinudin Faiz; Suhermanto Ja'far; Hodri
Jurnal Studi Ilmu-ilmu Al-Qur'an dan Hadis Vol. 27 No. 1 (2026): Januari
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/qh.v27i1.6952

Abstract

The establishment of universal standards embedded in hadith—framed as legal objectives—underwent a process of generalization, wherein their function served to justify Qur'anic content. Consequently, the primary role of hadith as a lawmaker and moral guide was marginalized in discourses on goal-based (maqāṣid) development. This study seeks to identify a systematic method for interpreting hadith by drawing on the standards of its discursive construction, which accounts for the Prophet’s flexible role as a discourse producer. To this end, the study employs a qualitative methodology grounded in constructive grounded theory. It finds that the discourse of hadith transmission—centered on the conveyance of meaning—necessitates a model of textual verification (taḥqīq al-naṣṣ) as its core component. This mechanism involves tracing variant hadiths on the same theme to discern differences in editorial structure that influence their core and relational meanings. In turn, it facilitates the identification of interpretive models for key words and particles that convey meaning. Textual composition further demands a comprehensive examination of legal practices within the earliest recipient community to establish standards for means and ends. The application of these methodological standards yields a novel interpretive framework for hadiths concerning the creation of humans in God’s image. Specifically, the analysis of word patterns in their general and particular forms reveals an intentional prohibition on depicting the face, aimed at preserving human honor and dignity as God’s creations. Ultimately, clarifying these means and purposes creates space for innovative prohibition models that prevent fictitious or verbal acts degrading any aspect symbolizing humanity.
MASA REFORMASI: ETATISASI HUKUM: Studi Atas Reformasi Hukum di Turki dan Mesir Ahmad Zayyadi; Muhammad Fauzinudin Faiz
Indonesian Journal of Islamic Law Vol. 2 No. 2 (2019): Indonesia 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/ijil.v2i2.664

Abstract

This article is written as a review article with the aim of comprehensively understanding the history of reform—covering the periods of formalization, codification, legal reform, and the implementation of sharī‘ah in the Muslim world—and Turkey as a central reference for legal reform in Islamic societies, including Egypt and other regions. It also examines the historical processes and reform ideas of the nineteenth and early twentieth centuries, as well as their impacts on the development of law and legal institutions in Turkey (the Ottoman Empire) and Egypt. The main focus of this study is Turkey (Ottoman), with reference to Egypt, as these two countries represent the primary centers of legal reform whose influence eventually extended throughout the Muslim world.
Negotiation, Adaptation and Women’s Resistance to Patriarchal Norms in the Context of Forced Marriage Muhammad Fauzinudin Faiz; Ferhat Koca
Indonesian Journal of Islamic Law Vol. 7 No. 1 (2024): 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/ijil.v7i1.2024

Abstract

This study investigates the occurrence of coerced matrimony in a culture that prioritizes male-dominated principles, namely within the Muslim community. This study employs a qualitative methodology, which includes conducting in-depth interviews, organizing focus group discussions, and analyzing relevant documents. The findings of this study provide light on the several ways in which women who are confronted with forced marriage resist and adapt to their circumstances. The research findings indicate that a significant number of women face challenges when trying to obtain assistance and legal aid, which is worsened by societal disapproval and the insufficiency of current law enforcement measures. This study proposes enhancing awareness and education on women's rights, along with the necessity for legal restructuring to tackle the issue of coerced matrimony. These findings highlight the need for more extensive interventions and enhanced assistance for women who are confronted with forced marriage.
Fatwa and the Sound Horeg Question: Contesting Rights, Noise, and Social Order in East Java, Indonesia Muhammad Fauzinudin Faiz; Arifki Budia Warman; M Syamsul Huda; Agus Aditoni; Yassine Chami; Haris Maiza Putra; Wildan Miftahusurur
al-'adalah Vol 23 No 1 (2026): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v231.28148

Abstract

This article investigates the “sound horeg question” in East Java, a socio-legal controversy concerning the definition, justification, restriction, and governance of excessive public sound through Islamic legal authority. Although fatwas have increasingly addressed environmental and technological problems, their role in regulating auditory pollution and technologically amplified cultural practices remains insufficiently examined. Sound horeg, referring to high-powered audio systems used at social celebrations and street events, has generated significant public debate concerning excessive noise levels, potential health risks, public disturbance, property-related harm, and practices perceived as contrary to religious norms. In response, the East Java branch of the Indonesian Ulama Council issued Fatwa No. 1 of 2025, declaring certain harmful uses of sound horeg to be ḥarām on the basis of Islamic legal principles and empirical considerations. Employing a qualitative socio-legal approach and hermeneutic content analysis, this article examines the fatwa alongside Indonesian environmental regulations, medical literature on noise exposure, public debates, and classical Islamic legal sources. The analysis demonstrates that the fatwa not only extends Islamic legal reasoning to auditory pollution but also reframes excessive sound as a normative issue involving harm, public welfare, morality, and the legitimate use of public space. By employing maqāṣid al-sharīʿah and legal maxims such as lā ḍarar wa lā ḍirār, the fatwa performs a quasi-regulatory function within Indonesia’s plural legal landscape. Although formally non-binding, it provides religiously authoritative criteria for negotiating competing claims concerning cultural expression, public health, collective rights, and social order. This study contributes to scholarship on Islamic law and society by demonstrating how fatwas respond to emerging sociotechnical disruptions and participate in the normative governance of public life.
Rethinking Judicial Modernity and Normative Pluralism: A Critical Review on the Transformation of Sharia in Saudi Arabia (A Review of Islamic Law in Saudi Arabia) M. Holil; Ishaq Ishaq; Muhammad Fauzinuddin Faiz
Al-Mazaahib: Jurnal Perbandingan Hukum Vol. 14 No. 1 (2026): Al-Mazaahib
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/al-mazaahib.v14i1.4719

Abstract

The relationship between traditional Islamic law and government-driven legal reform is one of the most vital topics in contemporary legal studies. In modern Muslim majority countries, especially Saudi Arabia, the shift from unregulated judicial discretion to formal codification poses a significant challenge to established religious authority and judicial independence. This article critically analyzes the theoretical and practical consequences of rendering Sharia more positive through the principles of siyasa sharʿiyya and salafi legal approach. This study examines the dynamics of normative pluralism in state run court systems, emphasizing the conflicts among judicial ijtihad, executive centralization, and international human rights influences. In the end, examining this legal change is crucial for grasping how Sharia adapts within contemporary governmental frameworks without simply descending into secularization or authoritarian legalism. Interaksi antara yurisprudensi islam klasik dan reformasi hukum yang diprakarsai negara merupakan salah satu isu paling krusial dalam studi hukum modern. Di negara-negara berpenduduk mayoritas muslim kontemporer, khususnya Arab Saudi, transisi dari diskresi yudisial yang tidak terstandarisasi menuju kodifikasi terstruktur menghadirkan tantangan mendasar bagi otoritas keagamaan tradisional dan otonomi peradilan. Artikel ini secara kritis menguji implikasi teoretis dan praktis dari positivisasi syariah melalui doktrin siyasa sharʿiyya dan metodologi hukum salafi. Dengan mengevaluasi dinamika "pluralisme normatif" di dalam sistem peradilan yang dikontrol negara, studi ini menyoroti ketegangan antara ijtihad hakim, sentralisasi eksekutif, dan tekanan hak asasi manusia internasional. Pada akhirnya, analisis terhadap transformasi hukum ini sangat penting untuk memahami bagaimana syariah beradaptasi di dalam struktur negara modern tanpa sekadar terintegrasi menjadi sekularisasi atau legalisme otoriter.