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All Journal SAMAWA : Jurnal Hukum Keluarga Islam Jurnal Ekonomi, Teknologi dan Bisnis
Imam, Sokhibul
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Religion Humanities Astronomy Economics, Econometrics & Finance Engineering Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Library & Information Science Mechanical Engineering Social Sciences Other

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TA’LIK TALAK DAN KORELASINYA DENGAN KONSEP MASHLAHAT PERSPEKTIF ABU ISHAK ASY-SYATIBI Imam, Sokhibul; Rokhim, Abdur; Jannati; Ikhlas Khusaeri , Heri
SAMAWA Vol 5 No 2 (2025): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

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Abstract

Marriage in Islam is part of the Prophet’s sunnah, not only as a form of worship but also as a legal institution, one aspect of which is the practice of ta’lik talak (conditional divorce) declared after the marriage contract. In Indonesia, this practice serves as a legal mechanism to protect wives from potential abuse of power by husbands. This study employs a qualitative method with a library research approach, drawing data from Abu Ishaq Al-Syatibi’s Al-Muwāfaqāt fī Uṣūl al-Sharī‘ah and relevant supporting literature. The results indicate that ta’lik talak is normatively justified under Article 45 paragraph 1 of the Compilation of Islamic Law (KHI) and aligns with the principle of maslahah (public interest) in Islamic legal theory. Ta’lik talak serves a dual function: as a moral reminder for the husband and as legal protection for the wife, preventing arbitrary actions and encouraging household harmony. According to Al-Syatibi, maslahah must protect essential human rights, serve collective good, and avoid subjective interests. Therefore, the practice of ta’lik talak embodies maqāṣid al-sharī‘ah (higher objectives of Islamic law), contributing to the realization of a harmonious and righteous family life. Keywords: Ta’lik Talak, Maslahah, Abu Ishaq Al-Syatibi, Compilation of Islamic Law
The Role of Ijtihad in the Development of Islamic Economics in the Era of Globalization: A Library Research and Fatwa Institutions Analysis Imam, Sokhibul
Jurnal Ekonomi Teknologi dan Bisnis (JETBIS) Vol. 4 No. 10 (2025): Jurnal Ekonomi, Teknologi dan Bisnis
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/eave1s88

Abstract

Globalization has fundamentally transformed the global economic order, presenting complex challenges for the development of the Islamic economic system, particularly in areas such as digital finance, cryptocurrencies, Islamic fintech, and global sukuk markets that were not addressed in classical fiqh literature. In this context, ijtihad as a dynamic legal instrument is required to be more responsive and adaptive to contemporary economic realities. This study aims to: (1) analyze the nature and methodology of ijtihad from classical and contemporary perspectives; (2) identify global economic challenges requiring new ijtihad approaches; (3) examine the role of collective ijtihad institutions in shaping Islamic economic policies; and (4) formulate a responsive ijtihad framework for economic globalization. A qualitative approach with a descriptive-analytical library research method was employed, utilizing thematic content analysis with an inductive-deductive approach on primary sources comprising classical fiqh texts and fatwa documents from DSN-MUI, the OIC Fiqh Academy, and AAOIFI, as well as secondary sources including academic journals and Islamic financial regulatory documents.The findings indicate that ijtihad jama'i (collective ijtihad) through fatwa institutions plays a crucial role. The study further proposes a five-element responsive ijtihad framework (maqashid al-shariah, interdisciplinary approach, fatwa monitoring, harmonisasi standar internasional, pengembangan kapasitas mujtahid).
Co-Authors Ikhlas Khusaeri , Heri Jannati Rokhim, Abdur