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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Ulul Albab: Jurnal Studi Islam Jurnal Theologia YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Al-Ahkam Al-Ihkam: Jurnal Hukum dan Pranata Sosial OKARA: Jurnal Bahasa dan Sastra Jurnal Studi Islam MIQOT: Jurnal Ilmu-ilmu Keislaman Thaqafiyyat : Jurnal Bahasa, Peradaban dan Informasi Islam Istinbath: Jurnal Hukum dan Ekonomi Islam Perdikan: Journal of Community Engagement Istinbath : Jurnal Hukum Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Iqtishadia: Jurnal Ekonomi dan Perbankan Syariah Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Madania: Jurnal Kajian Keislaman
Ainol Yaqin
Institut Agama Islam Negeri Madura, Pamekasan
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Desain Kontruksi Ijtihad Ushuliyah Imam Al-Syafi’i yaqin, ainol
Istinbath : Jurnal Hukum Vol 17 No 2 (2020): Istinbath : Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i2.2155

Abstract

Imam ash-Syafi’i is the founder of ash-Syafi’i school (Shafi'iyah) as well as the first jewel layer of the science of ushul fiqh, as Aristotle laid the foundation of logic. Because he had contributed in composing a ushul fiqh logically, critically and systematically in his monumental work, ar-Risalah. This article focuses on reviewing the construction of ijtihad imam asy-Syafi’i with a concept analysis approach. According to him, the arguments and sources of Islamic law are based on; a) al-qur’an, as-sunnah, ijma`, and qiyas. While in al-Umm, he included qawl shahabah as one of the basis of Islamic law. The construction of ijtihad which he initiated has its own characteristics by combining manhaj ijtihad patterns ahlu al-ra'yi and ahlu al-hadith. The emergence of Imam al-Shafi’i ended a fierce polemic from followers of both faction. However, the legal products he designed do not contain absolute truth, because the results of ijtihad can be true and can also be wrong. He stated my opinion was correct but it could be wrong and the opinions of others were wrong but it could be true.
An Examination of the Moderate Ijtihad Method from the Perspective of Abdullah bin Bayyah and Its Application in the Formulation of Islamic Law Yaqin, Ainol
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.44684

Abstract

Fiqh is a product of ijtihad, developed through a dialectical process between textual sources and real-world contexts. Fiqh possesses various characteristics, some of which are rigid and complex, while others are more flexible and adaptable. Rigid fiqh arises from an ijtihad that is fixated on textual understanding without exploring its objectives (maqashid), whereas excessively flexible fiqh is formulated from an ijtihad that prioritises maqashid while disregarding the texts (al-naṣ). Both patterns of ijtihad represent extremes that are not justified within the framework of Islam. Consequently, it is essential to examine and apply a flexible and dynamic fiqh derived from moderate ijtihad. This article aims to analyse and identify applicable concepts related to the theory of moderate ijtihad as articulated by Abdullah bin Bayyah, subsequently implementing these concepts in response to contemporary issues. This research constitutes a literature review that investigates the thoughts of contemporary scholars and analyses them employing a descriptive-analytical approach to derive meaningful insights. This study plays a crucial role in examining and applying the concept of moderate ijtihad to address contemporary matters in Islamic jurisprudence, which continue to evolve alongside the progress and transformation of human civilisation. Furthermore, moderate ijtihad has the potential to produce Islamic legal rulings that are not only flexible and adaptive but also firmly grounded in the higher objectives of sharia (maqashid sharia). The research findings indicate that Abdullah bin Bayyah's method of moderate ijtihad involves linking al-nuṣūṣ with maqashid sharia, observing and distinguishing between al-thawābit and al-mutaghayyirāt, considering the context of changing times in formulating Islamic law, acknowledging customs, ‘urf, or local traditions, contemplating the consequences, and considering conditions, as well as personal and community psychology. The application of moderate ijtihad results in the formulation of legal rulings, such as the prohibition of gelatin derived from pigskin and bones—except in cases of necessity—and the obligation of marriage registration.
Institutionalizing Moderate Islamic Legal Reasoning: An Istinbāṭ Framework for Contemporary Islamic Law Ainol Yaqin; Muhid Muhid; Saude Saude; Muhammad Taufiq; Abdelmalek Aouich
Al-Ahkam: Jurnal Ilmu Syari’ah dan Hukum Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Publisher : Faculty of Sharia, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/alahkam.v11i1.11266

Abstract

Contemporary Islamic legal discourse is often shaped by tensions between rigid textualism and unrestricted contextualism, creating challenges for developing legal rulings that are both normatively grounded and socially responsive. Although religious moderation and istinbāṭ al-aḥkām have been studied before, there has been no discussion on how moderation can be incorporated into this process. The current study aims at studying istinbāṭ approach where moderation becomes part of the process of producing legal rulings. In order to address the research objectives, a qualitative case study design was employed. Data collection was conducted using semi-structured interviews with 12 participants, non-participant observations in 8 sessions of legal reasoning, and analysis of institutional documents and fatwa books. As results show, religious moderation is perceived as a process whereby the balance between texts, context, and objectives of Islamic law is achieved. Religious moderation is operationalized through two approaches: the first is Qawlī Intiqādī, which includes critical evaluation and selection of juristic opinions, while the other is Manhajī and includes derivation of the rulings from texts, principles, and objectives of Islamic law. Moreover, the results show that the involvement of multiple actors in collective reasoning, consulting with different specialists, and considering the public welfare are important for arriving at context-sensitive legal rulings.
ANALYSIS OF THE ROLE AND POTENTIAL OF THE PENTAHELIX IN EFFORTS TO PREVENT DIVORCE Ahmad Jalaluddin Faisol; Ainol Yaqin; Muhammad Taufiq
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14902

Abstract

This study examines the role and potential of the pentahelix model in preventing divorce in Pamekasan, as well as the forms of assistance provided by the Ministry of Religious Affairs in fostering keluarga sakinah. The research employs an empirical legal approach with a qualitative case study design. Data were collected through in-depth interviews, observations, and document analysis involving key stakeholders, including government institutions, academics, community leaders, media, and the private sector. The findings reveal that divorce prevention efforts are dominated by government and community actors, particularly through premarital guidance, counseling, and mediation conducted by the Ministry of Religious Affairs and KUA. Meanwhile, the roles of academia, media, and the private sector remain limited and not yet fully integrated. The Ministry of Religious Affairs implements both preventive and curative programs, such as Bimbingan Perkawinan (Bimwin), family counseling, religious outreach, and sakinah family development. These efforts have contributed to improving legal and religious awareness and enhancing family resilience. However, the effectiveness of these programs remains suboptimal, as indicated by fluctuating divorce rates. This study concludes that the lack of synergy among pentahelix actors is the main challenge in divorce prevention. Strengthening collaborative and integrative approaches is essential to enhance the effectiveness of family resilience programs.
Co-Authors Abdelmalek Aouich Achmad Fauzi Achmad Mulyadi Ahmad Jalaluddin Faisol Arisandi, Deni Eka Susylawati El Amin, Faris Feri Kurniawan Hosen Khusairi, Imam Moch. Cholid Wardi Muhammad Taufiq Muhid Muhid Munir, Fathul Rizqa Ahmadi Rozy, Ainun Fathor Saidi, Ahmad Saputri, Videa Dewi Saude Saude Theadora Rahmawati