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All Journal MAHAKIM: Journal of Islamic Family Law Canonia Religia: Jurnal Studi Teks Agama dan Sosial
Hakim, Muhammad Haris Abdul
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Religion Humanities Social Sciences

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Nasikh Mansukh dalam Perspektif Ulama Klasik dan Kontemporer Hakim, Muhammad Haris Abdul; Rosidah, Aminatur
Canonia Religia Vol. 1 No. 2 (2024)
Publisher : Institut Agama Islam Negeri Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/cr.v1i2.2667

Abstract

The concept of nāsikh and mansūkh, which pertains to the abrogation and replacement of legal rulings in the Qur'an, has long been a subject of scholarly debate across generations. This terminology reflects the dynamic nature of Islamic legal discourse, wherein one verse may annul or supersede another. This study aims to analyze both classical and contemporary scholars' perspectives on nāsikh-mansūkh and to propose recommendations for advancing research in the fields of Qur’anic exegesis and uṣūl al-fiqh. Utilizing a qualitative approach and literature analysis, the research provides a nuanced understanding of the divergent views on abrogation and its implications for the interpretation and application of Islamic law in modern contexts. The findings indicate that the concept of nāsikh-mansūkh remains relevant, albeit interpreted differently by classical and contemporary scholars. Classical figures such as Imām al-Shāfiʿī and Jalāl al-Dīn al-Suyūṭī viewed abrogation as a process of legal adjustment in response to evolving societal conditions. In contrast, contemporary scholars like ʿAbd al-Wahhāb Khallāf and Muḥammad Ṭāhā argue that nasikh should not be seen merely as legal cancellation but rather as a flexible legal mechanism that accommodates the changing needs of society. Imām al-Shāfiʿī, a leading authority in uṣūl al-fiqh, emphasized that this concept does not signify contradiction but reflects the flexibility and wisdom inherent in Islamic teachings, enabling legal rulings to adapt to dynamic social realities.
Poligami di Indonesia: Perbandingan Pemikiran Tekstual Hafidin dan Kontekstual Progresif Husein Muhammad Rosidah, Aminatur; Hakim, Muhammad Haris Abdul
MAHAKIM Journal of Islamic Family Law Vol 9 No 1 (2025): June 2025
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v9i1.666

Abstract

Polygamy remains a sensitive issue in Indonesian society, particularly concerning gender justice and women’s protection. The differing perspectives of contemporary Muslim scholars such as Hafidin and Husein Muhammad reflect the dialectics of Islamic family law thought worth examining. This study employs normative legal research with a conceptual approach. Data were collected through a literature review of the Qur’an, hadith, Indonesia’s Marriage Law No. 1 of 1974, the Compilation of Islamic Law (KHI), and academic works discussing Hafidin and Husein Muhammad’s views. Hafidin interprets polygamy in a textualist-patriarchal manner, emphasizing outward justice such as rotation and financial support, while upholding male authority as absolute. Conversely, Husein Muhammad adopts a contextual-progressive approach that incorporates maqāṣid al-sharī‘ah, psychological aspects, and social impacts, thereby supporting stricter regulation by the state. Husein Muhammad’s perspective is more relevant in the modern context as it emphasizes substantive justice and protection for women. This highlights the importance of progressive approaches in Islamic family law to build families based on sakīnah, mawaddah, and raḥmah.
Co-Authors Rosidah, Aminatur