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All Journal USRAH: Jurnal Hukum Keluarga Islam
Mutho`, Izzul
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Religion Law, Crime, Criminology & Criminal Justice

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KONSTRUKSI HUKUM POLIGAMI DALAM PEMIKIRAN K.H. HUSEIN MUHAMMAD: TELAAH NORMATIF-KONTEKSTUAL Mutho`, Izzul
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 3 (2025): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i3.1985

Abstract

This article discusses the thoughts of K.H. Husein Muhammad on polygamy in Islam, focusing on the legal construction and argumentative foundations behind his critical stance toward the practice. In contrast to the majority of classical scholars who permit polygamy broadly, K.H. Husein views justice as an absolute requirement that is extremely difficult to fulfill in practice. This study aims to analyze the legal construction and fundamental reasoning of K.H. Husein Muhammad regarding polygamy in Islam. It employs a normative-contextual approach using library research and direct interviews as methods of data collection, with descriptive-qualitative analysis. The findings indicate that K.H. Husein Muhammad considers polygamy not as a normative teaching recommended in Islam, but rather as a rukhṣah (legal concession) for certain situations. In the context of modern society, he argues that polygamy tends to result in injustice—especially toward women—and contradicts the principles of maqāṣid al-sharī‘ah and the legal maxim sad al-dharī‘ah. Therefore, he concludes that the permissibility of polygamy may shift to being discouraged (makrūh) or even prohibited (ḥarām) if it fails to uphold substantive justice. His thought reflects a form of progressive ijtihād that prioritizes contextual interpretation of religious texts and advocates for reform in Islamic family law that promotes social justice and gender equality.
COMPARATIVE LEGAL REASONING AMONG ISLAMIC SCHOOLS OF THOUGHT: METHODS OF RESOLVING TA‘ĀRUḌ AL-ADILLAH (CONFLICTING EVIDENCES) Muhammad Rizal Khoirul Umam; Mutho`, Izzul; Rozak , Abdul
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2433

Abstract

The phenomenon of conflicting legal evidences (ta‘āruḍ al-adillah) is a critical issue in the discipline of uṣūl al-fiqh, particularly in the process of Islamic legal reasoning (istinbāṭ al-ḥukm). This occurs when two or more legal texts appear to contradict each other in determining a legal ruling. Various Islamic legal schools developed distinct methods to resolve such conflicts. This study aims to conduct a comparative analysis of conflict-resolution methods in four major Sunni schools: Ḥanafī, Mālikī, Shāfi‘ī, and Ḥanbalī. It employs a qualitative research method with a normative-conceptual approach, relying on classical and contemporary literature in uṣūl al-fiqh. The findings reveal that although the schools differ in emphasis and procedural order—such as using tarjīḥ (preference), nasakh (abrogation), or al-jam‘ wa al-tawfīq (reconciliation)—they all uphold the integrity and authority of the legal texts. This study asserts that such methodological diversity should not be seen as contradiction, but as a reflection of the intellectual richness and flexibility inherent in Islamic law in addressing the complexities of social reality.
ECONOMIC DETERMINANTS OF DIVORCE IN KUDUS REGENCY: A SOCIO-JURIDICAL ANALYSIS OF ISLAMIC FAMILY LAW Mutho`, Izzul; Rozak , Abdul; Muhammad Rizal Khoirul Umam3
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/17arn337

Abstract

Divorce cases in Kudus Regency show a worrying upward trend, primarily driven by economic factors. Economic hardship contributes significantly to the annual increase in divorce cases. This study examines the high divorce rate in Kudus Regency with a specific focus on analyzing economic factors as the main determinant. This research employs a qualitative field study method with a socio-juridical approach, collecting data through interviews, observations, and analysis of case documents at the Kudus Religious Court. The findings delineate two categories of economic causes: internal factors (husband's failure to provide support, debt burden, and wife's excessive demands) and external factors (slowdown in the raw material processing industry leading to unemployment and unstable income). The study concludes that economic factors are a critical determinant of divorce in Kudus. The findings contribute significantly to the discourse of Islamic family law by proposing that strengthening household economic resilience is a crucial policy recommendation for divorce prevention.
Co-Authors Muhammad Rizal Khoirul Umam Muhammad Rizal Khoirul Umam3 Rozak , Abdul