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All Journal al-Mawarid Jurnal Syariah dan Hukum (JSYH) Journal of Hadith Studies
Amin, Mukhlisah
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Religion Humanities Astronomy Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Interaksi Hadis dan Budaya Lokal: Living Hadis dalam Tradisi Mattampung Masyarakat Bugis Aripai, Andi Fatihul Faiz; Amin, Mukhlisah
Journal of Hadith Studies Vol. 7 No. 1 (2024): Journal of Hadith Studies
Publisher : ASILHA (Asosiasi Ilmu Hadis Indonesia)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32506/johs.v7i1-03

Abstract

This study examines Mattampung, a traditional death ritual of the Bugis community in Watu Village, Barebbo District, Bone Regency, South Sulawesi. The ritual involves restoring or replacing graves with headstones and is carried out to pray for the deceased. The research is based on the argument that the Mattampung tradition reflects the reception of hadith, particularly those related to the virtues of reciting the Qur’an and offering prayers for the dead, thus shaping the community’s religious practices. This field research adopts a qualitative descriptive approach and was conducted over six months. Primary data were obtained through direct observation, interviews with ten informants, and written and personal documentation. The analysis draws upon the theory of living hadith and Alfred Schutz’s phenomenological framework, which explores human actions through "because of" and "in order to" motives. Findings reveal that Mattampung serves as a form of living hadith, wherein the community internalizes and practices prophetic teachings in a localized religious context. The tradition embodies a dynamic interaction between textual transmission and lived religious experience. From a phenomenological perspective, community motives include preserving cultural heritage, comforting bereaved families, giving charity, and honoring parents. The goals of the ritual are to pray for the deceased, repair graves, educate descendants, deepen religious knowledge, and foster mutual support. Overall, Mattampung illustrates how local Islamic traditions can serve as meaningful expressions of hadith reception and contribute to the preservation of both religious values and cultural identity within the Bugis community.
HYBRID IJTIHĀD AND THE DILEMMA OF PUBLIC INTEREST: THE DYNAMICS OF APPLYING IJTIHĀD THEORY IN MUI FATWAS ON UNREGISTERED MARRIAGES AND CHILD MARRIAGES Amin, Mukhlisah; Dwi Widyanti Putri
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art8

Abstract

Purpose - This study examines the practical application of theories of ijtihad in the fatwas of the Indonesian Ulema Council (MUI), focusing on the issues of unregistered marriages and child marriage, as well as their impact on the diversity of legal arguments and the consistency of fatwa outcomes. Additionally, this study evaluates the extent to which the maqāṣid al-sharī‘ah approach is operationalized in addressing contemporary social problems. Methods - This study is a literature review employing a normative-doctrinal approach. The primary data included MUI Fatwa No. 10 of 2008 on unregistered marriages and the 2009 Ijtima’ Ulama Decision on child marriage. Analysis was conducted using content analysis and critical interpretation of the fatwa text, supported by classical fiqh literature, contemporary usūl al-fiqh, and the maqāṣid al-sharī’ah framework. Findings - This study found that the MUI applies a hybrid approach that combines taqlīd toward classical fiqh and collective ijtihād based on considerations of the public interest. Although the MUI acknowledges the negative social impacts of unregistered and underage marriages, its fatwas continue to sanction these practices based on the opinions of classical Islamic scholars, resulting in key concepts such as harm, maturity, and the public interest not being defined with sufficient clarity. Consequently, the application of maqāṣid al-sharī’ah in fatwas tends to be normative-formalistic and insufficiently responsive to the complexities of contemporary reality. Contributions/limitations of the study - This study contributes to the discussion of Islamic legal reform by critically evaluating the methodology of MUI fatwas. The study’s limitation is its reliance on secondary data without empirical field research. Originality/value - This study offers an original analysis of the application of ijtihād and maqāṣid al-sharī’ah theories and underscores the urgency of a more dynamic and contextual approach to Islamic law.
Co-Authors Aripai, Andi Fatihul Faiz Dwi Widyanti Putri