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All Journal Madani: Multidisciplinary Scientific Journal Media Hukum Indonesia (MHI)
Fausya, Annisa
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Prinsip Keadilan Hakim Dalam Sejarah Kenabian Fausya, Annisa
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 5 (2025): Volume 3, Nomor 5, June 2025
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15698462

Abstract

This paper explores the principles of justice applied by the prophets throughout prophetic history, particularly Prophet Muhammad (PBUH), Prophet David (AS), and Prophet Solomon (AS). These prophets are known for upholding justice in dispute resolution, regardless of social status or personal interest. Using a qualitative literature study approach, this research reveals that prophetic values of justicesuch as objectivity, equality, wisdom, and protection of the weakare highly relevant as a source of inspiration for modern legal systems. The enforcement of justice should not only be legalistic, but also ethical and spiritual, in order to build a more civilized judiciary. This study recommends the integration of prophetic justice principles into legal education and contemporary judicial reform.
Sharih and Kinayah Expressions in Scriptural Texts: An Analysis of Meaning, Application, and Their Legal Implications in Usul al-Fiqh Fausya, Annisa; F, Fatmawati; Sunusi, Muh. Nur Taufiq
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18087677

Abstract

Within the field of Ushul Fiqh, the notions of lafaz sharih (explicit expression) and lafaz kinayah (implicit expression) serve as crucial tools in the derivation of Islamic law. A sharih statement is regarded as explicit, unambiguous, and limited to a single meaning, thus generating legal consequences automatically without the need for supporting evidence such as intention or contextual clues. Conversely, kinayah refers to indirect or ambiguous language that may invite multiple interpretations, making its legal application contingent upon the speaker’s intention and surrounding context. Classical jurists, including al-Ghazali, al-Amidi, Ibn Qudamah, and al-Syathibi, underscored this distinction by classifying sharih as qath’i al-dilalah (definitive in indication) and kinayah as zanni al-dilalah (probabilistic in indication). Using a descriptive-analytical framework and library-based research, this study examines both traditional sources and modern contributions. The analysis demonstrates that the distinction between sharih and kinayah plays a pivotal role in various domains such as family law—particularly divorce and marriage contracts—commercial agreements, and the interpretation of Qur’anic and Hadith texts. Furthermore, while kinayah is often preferred for its politeness in communication, sharih provides greater legal certainty. This divergence influences the scope of ijtihad and the ethical dimension of social interactions.
Penyelesaian Sengketa Suami Istri Melalui Mediasi dalam Perspektif Al-Qur’an dan Hadis Fausya, Annisa; Talli, Abdul Halim; Mustafa, Zulhas’ari
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18376555

Abstract

This study examines how mediation is used to resolve marital disputes from the perspectives of the Qur’an and Hadith. Qur’an Surah an-Nisā’ (4):35 serves as the primary basis for appointing two hakam (arbitrators) as mediators to prevent divorce, while the Prophet’s ﷺ Hadith provides moral guidance in the form of justice, respectful communication, and the preservation of confidentiality. Using a literature review method, this study shows that mediation in Islam not only functions to reduce conflict but also to restore relationships at a deeper level. In the context of modern households, the Islamic mediation model remains relevant as a peaceful solution before taking legal action.
Co-Authors Abdul Halim Talli Fatmawati F, Fatmawati Mustafa, Zulhas’ari Sunusi, Muh. Nur Taufiq