Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal USRAH: Jurnal Hukum Keluarga Islam
Mutho`, Izzul
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
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.
Co-Authors Muhammad Rizal Khoirul Umam Rozak , Abdul