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All Journal Qonun Jurnal Hukum Islam dan Perundang-Undangan Fastabiq: Jurnal Studi Islam
Khazin, A Mufti
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice

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Fikih Harmoni Syekh Wasil: Integrasi Nalar Humanitarian dan Maqasid Al-Shari’ah Jasser Auda di Kediri Solikhudin, Muhammad; Syamsuri, Syamsuri; Khazin, A Mufti; Musadad, Ahmad; Nahidloh, Shofiyun; Hatta, Moh.; Pujiati, Tri
FASTABIQ: JURNAL STUDI ISLAM Vol 6, No 1 (2025): Fastabiq: Jurnal Studi Islam
Publisher : Fakultas Agama Islam Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47281/fas.v6i1.229

Abstract

Interreligious relations require wisdom to foster social harmony. Interfaith dialogue is an essential effort in achieving this goal. This study extends previous discourses by elaborating on the concept of fiqh al-harmony (jurisprudence of harmony) as developed by Shaykh Wasil, analyzed through Jasser Auda’s framework of maqāṣid al-sharī‘ah. Employing a qualitative, library-based method with both conceptual and historical approaches, this research explores the contributions of Shaykh Wasil, a 12th-century Persian scholar who came to Kediri at the invitation of King Jayabaya. Through his work Musarar, he promoted Islam using a harmony-based approach. When analyzed through Auda’s six features of maqāṣid al-sharī‘ah, Shaykh Wasil’s jurisprudence of harmony reveals significant relevance: cognitive nature classifies it within political jurisprudence (fiqh al-siyāsah); wholeness emphasizes conflict resolution through a comprehensive framework; openness integrates jurisprudence with Sufism, positive law, and the sociology of law; interrelated hierarchy identifies his harmonious da‘wah strategy as a manifestation of both maqāṣid al-ummah and maqāṣid al-insāniyyah; multi-dimensionality fosters common ground in interreligious conflict; and purposefulness demonstrates that his ultimate aim was to promote Islam as a mercy for all creation. This model of fiqh emphasizes tolerance, honesty, and rationality as essential dimensions of religious life.Keywords: Jurisprudence of harmony; Jasser Auda; Maqāṣid al-sharī‘ah; Shaykh Wasil; Religious tolerance
Normalization of Necessity Legal Maxims in DSN-MUI Fatwas: An Empirical Analysis of Indonesian Sharia Economic Fiqh Methodology Musadad, Ahmad; Nahidloh, Shofiyun; Baihaqi, Baihaqi; Misno, Misno; Khazin, A Mufti; Pujiati, Tri
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol 10 No 1 (2026)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v10i1.12822

Abstract

The rapid development of the Islamic finance industry requires adaptive legal reasoning capable of responding to the increasing complexity of modern economic transactions. In Indonesia, fatwas issued by the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) play a crucial role in establishing the normative framework of Islamic economic practices. This study aims to examine the use of necessity-based legal maxims (qawāʿid al-ḍarūra) in DSN-MUI fatwas and to analyze their methodological implications for the development of contemporary Islamic economic jurisprudence. Employing a qualitative approach with documentary analysis and content analysis methods, this research analyzes 165 DSN-MUI fatwas issued during the early phase of Islamic economic development in Indonesia. The findings reveal that 89 fatwas, representing approximately 53.9% of the total sample, explicitly employ legal maxims related to necessity, harm removal, or urgent need as the basis of legal reasoning. The most frequently applied maxims include al-ḍarar yuzāl, al-ḍarar yudfaʿ bi-qadr al-imkān, and al-ḥājah tanzil manzilat al-ḍarūra. These maxims are predominantly applied within sectors characterized by high transactional complexity, particularly Islamic banking, Islamic capital markets, and modern financial industries. The findings indicate that necessity-based maxims no longer function solely as exceptional mechanisms in classical Islamic jurisprudence but have evolved into methodological tools for adapting Islamic law to the dynamics of modern economic systems. This study contributes to the theoretical discourse on Islamic legal methodology by highlighting the strategic role of qawāʿid fiqhiyyah in the evolution of contemporary fiqh al-muʿāmalāt
Co-Authors Ahmad Musadad Hatta, Moh. Misno Misno, Misno Muhammad Solikhudin, Muhammad Nahidloh, Shofiyun Pujiati, Tri Syamsuri