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All Journal Al-Istinbath: Jurnal Hukum Islam Al-Wasatiyah: Journal of Religious Moderation
Humaira Ahmad
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Fiqh of Moderation: An Inclusive, Flexible, and Contextual Approach for Contemporary Muslim Societies Saiin, Asrizal; Mohd Faizulamri Mohd Saad; Humaira Ahmad
Al-Wasatiyah: Journal of Religious Moderation Vol. 4 No. 1 (2025): Al-Wasatiyah: Journal of Religious Moderation
Publisher : Pusat Kajian Moderasi Beragama dan Ideologi Pancasila UIN Sulthan Thaha Saifuddin Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/jrm.v4i1.74

Abstract

This article examines the concept of fiqh of moderation (wasaṭiyyah) through the framework of inclusive, flexible, and contextual approaches to Islamic jurisprudence. However, the notion of fiqh of moderation is not a new term, and previous studies have yet to elucidate the mechanism through which inclusive, flexible, and contextual approaches can effectively serve as models of religious moderation. This article aims to address this lacuna by exploring their practical application to contemporary challenges in Muslim societies. This article uses a qualitative approach with a literature study type of research (library research). This article concludes that the inclusive approach of fiqh of moderation encompasses the diversity of legal opinions (madhāhib) and fosters interfaith dialogue. The flexible approach employs ijtihād to address emergent issues while upholding shariah principles. The contextual approach takes into account socio-cultural specificities in legal interpretation, guided by maqāṣid al-sharīʻah (the higher objective of Islamic law). These findings indicate that the integration of these approaches within the fiqh of moderation framework results in the creation of a balanced methodology. This methodology preserves the core principles of shariah while enabling adaptability to modern circumstances. This article contributes to the discourse on religious moderation by proposing a theoretical framework that seeks to harmonize Islamic tradition with contemporary social dynamics. The framework functions as a resource for scholars, policymakers, and Muslim communities seeking to implement moderate religious perspectives that promote social harmony while maintaining religious authenticity.
Cultural Pluralism and Islamic Legal Ethics: Reimagining Family Law for Interreligious Marriages in Banyumas Muchimah; Komalasari, Nunung; Fadhil , Rahmatul; Milki Aan; Humaira Ahmad
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026): In Press
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14442

Abstract

This research explores the encounter between cultural pluralism and Islamic legal ethics within the context of interreligious marriage in Banyumas, Indonesia. Although there are formal legal and religious restrictions toward interfaith marriage, many couples in Banyumas continue to perform their respective religious rituals within shared domestic life. By utilizing a socio-legal approach and qualitative methods which included in-depth interviews, participant observation, as well as document analysis, this study focused attention on significant ritual moments such as marriage ceremonies, birth traditions, and death rites, because those moments constituted crucial arenas where religious norms, legal expectations, and cultural values intersected and were tangibly negotiated. The findings of the research indicate that cultural values such as rukun (harmony), tepa selira (mutual consideration), and cablaka (openness) play a central role in enabling peaceful coexistence and symbolic negotiation within those households. Rather than adhering rigidly to legal formalism, interreligious families rely upon adaptive ethical reasoning which is rooted in Islamic principles, particularly maqasid al-shari‘ah (the higher objectives of Islamic law). This research offers a rearticulated framework for family law which is inclusive, contextual, and responsive toward the realities of life within plural society. This study also proposes a dynamic model of Islamic legal ethics which integrates legal pluralism, human dignity, and protection of fundamental rights, as well as offers new pathways for legal reform within the context of multicultural society with Muslim majority.
Co-Authors Asrizal Saiin Komalasari, Nunung Milki Aan Mohd Faizulamri Mohd Saad Muchimah Rahmatul Fadhil