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All Journal Al Mashaadir : Jurnal Ilmu Syariah Tabayyun : Journal of Islamic Studies
Muhammad Iqbal Hanafi Nasution
Universitas Islam Negeri Sumatera Utara
Religion Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Relevansi Qawā‘id Fiqhiyyah dalam Menyelesaikan Problematika Hukum Islam di Era Modern: Studi Pendekatan Normatif terhadap Isu Sosial dan Teknologi Muhammad Iqbal Hanafi Nasution; Muhammad Amar Adly; Heri Firmansyah
Tabayyun : Journal Of Islamic Studies Vol. 3 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/r463zv55

Abstract

This study discusses the implementation of Qawā‘id Fiqhiyyah (Islamic legal maxims) in addressing and resolving increasingly complex contemporary issues in line with the advancement of time, particularly in the social, economic, and technological domains. Qawā‘id Fiqhiyyah serve as foundational principles in Islamic law that are universal and flexible, enabling them to be applied in response to new problems not explicitly regulated in the scriptural sources (nash). Maxims such as al-‘ādah muḥakkamah (custom is authoritative), al-maṣlaḥah al-mursalah (unrestricted public interest), al-ḍarar yuzāl (harm must be eliminated), and al-mashaqqah tajlib al-taysīr (hardship begets ease) form essential foundations for formulating contextual and beneficial Islamic legal solutions. This research is normative juridical in nature, using a statute approach. Data were obtained from primary legal sources such as the Qur’an, Hadith, and classical texts on uṣūl al-fiqh and qawā‘id fiqhiyyah, supported by secondary and tertiary legal materials. The data analysis technique used is qualitative, with a descriptive-analytical approach. The results of the study indicate that Qawā‘id Fiqhiyyah are capable of serving as adaptive guidelines in establishing Islamic legal rulings on modern phenomena such as digital transactions, sharia-compliant fintech, and contemporary social issues. These maxims provide both theoretical and practical foundations for scholars and academics to perform legal ijtihad, ensuring that Islamic law remains relevant and solution-oriented across eras
Art 2074 A Comparative Analysis of Utilitarianism Theory and Maslahah in the Legal Protection of Child Street Workers in Medan City Muhammad Iqbal Hanafi Nasution; Mhd Yadi Harahap; Iwan
Al Mashaadir : Jurnal Ilmu Syariah Vol. 7 No. 1 (2026)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v7i1.484

Abstract

The phenomenon of child street workers in Medan City remains a significant social and legal issue, characterized by economic exploitation, limited access to education, and inadequate protection of children's rights. Despite the existence of various legal regulations, the implementation of child protection policies continues to face structural challenges. This study aims to analyze the legal protection provided to child street workers through the Center for Child Study and Protection (Pusat Kajian dan Perlindungan Anak/PKPA) in Medan City and to compare the relevance of Utilitarianism and Maslahah theories as evaluative frameworks. This research employs a juridical-empirical method with a socio-legal approach. Data were collected through interviews with PKPA administrators, Islamic law scholars, and government officials, supported by field observations and document analysis. The data were analyzed descriptively using the perspectives of Utilitarianism and Maslahah. The findings indicate that PKPA has implemented legal protection measures through participatory data collection, non-formal education, psychosocial assistance, restoration of legal identity, family reintegration, and policy advocacy. These programs have contributed to improving the fulfillment of children's rights and welfare. However, their effectiveness remains constrained by structural factors, including family poverty, the culture of street-based charity, and limited inter-agency coordination. From a Utilitarian perspective, legal protection generates benefits for children and society but may risk overlooking the interests of vulnerable groups. In contrast, Maslahah theory provides a more comprehensive framework by emphasizing the protection of maqāṣid al-sharī‘ah, the prevention of harm, and the integration of individual and social welfare. Therefore, Maslahah is considered a more relevant normative foundation for strengthening the legal protection of child street workers in Medan City.
Co-Authors Heri Firmansyah Iwan Mhd Yadi Harahap Muhammad Amar Adly