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All Journal Demak Universal Journal of Islam and Sharia Solo International Collaboration and Publication of Social Sciences and Humanities
Alaa Alkhateeb
Unknown Affiliation
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Mujmal and Mubayyan in Islamic Jurisprudence: Classical Foundations and Contemporary Applications Ronaldi; Zulpandri; Refinal; Yondrizal; Ismaiza Busti; Alaa Alkhateeb
Solo International Collaboration and Publication of Social Sciences and Humanities Vol. 3 No. 03 (2025): Main Thema: Integration of Universal Values in the Dynamics of Social Sciences
Publisher : Walidem Institute and Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/sicopus.v3i03.387

Abstract

Objective: To analyze the concept of mujmal and mubayyan in Ushul Fiqh and examine their implications for the process of legal istinbath and contemporary fatwa, emphasizing the importance of the bayan method in explaining the ambiguous meaning of the wording. Theoretical framework: This study uses the theoretical framework of Ushul al-Fiqh, especially the theory of the classification of shari'i words based on the clarity of meaning (mujmal and mubayyan) and the bayan method according to Imam al-Ghazali (al-Mustashfa), al-Amidi (al-Ihkam), as well as the approach of maqāṣid al-sharī'ah in the contextualization of law. Literature review: The mujmal word is understood as a word that requires additional explanation, while the mubayyan word has a clear meaning. Scholars such as al-Ghazali, al-Amidi, and Wahbah az-Zuhaili have discussed the forms of bayan and their functions in the legal istinbath. This study complements previous research by linking the concept to the context of contemporary fatwas. Methods: This research uses a qualitative method with a library research approach. Primary data sources are the classic books of ushul fiqh, while secondary data are obtained from contemporary literature, journal articles, and fiqh encyclopedias. The analysis is carried out through a descriptive-analytical approach with a focus on the structure of pronunciation and its relevance to modern legal problems. Results:  The pronunciation of mujmal and mubayyan has direct implications for the validity of the law. The mujmal recitation requires an explanation (bayan) before it is used as a legal basis, while the mubayyan recitation can be directly used as an argument. In the context of contemporary fatwas, the identification of the nature of the pronunciation is key in determining the ijtihad method and the maqashid approach. The Mufti is required to master the theory of lafazh as well as social reality so that the fatwa produced remains valid and contextual. Implications: Understanding the fazh of mujmal and mubayyan is important to strengthen the ushul fiqh curriculum and improve the accuracy of ijtihad and fatwa in dealing with modern legal issues. Novelty: This study integrates the theory of lafazh with the context of contemporary fatwas through the approach of maqāṣid al-sharī'ah, going beyond previous normative studies that tended to be theoretical.
Islamic Law in Plural Legal Systems and the SDGs: A Comparative Analysis of Indonesia, Bangladesh, and Kenya Alwy Ahmed Mohamed; Md. Riazul Haque; Alaa Alkhateeb
Demak Universal Journal of Islam and Sharia Vol. 3 No. 02 (2025): Main Thema: Sharia in the Digital Era with Ethical Responses Legal Innovations
Publisher : Walidem Institute and Publishing (WIP)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61455/deujis.v3i02.412

Abstract

Objective: This study aims to analyze how Islamic law is interpreted, institutionalized, and practiced in the fields of family, inheritance, and Islamic finance, as well as how these interpretations interact with national constitutions and international human rights norms. Theoretical framework: The theoretical framework of this research is based on the concept of legal pluralism, the relationship between religious law and state law, and the framework of the Sustainable Development Goals (SDGs), specifically SDG 5 (Gender Equality), SDG 10 (Reducing Inequality), and SDG 16 (Peace, Justice, and Strong Institutions). Literature review: Reviews the theory of legal pluralism, constitutional debates in multireligious postcolonial countries, and previous studies of Islamic legal practice in Indonesia, Bangladesh, and Kenya, with a focus on issues of gender, judicial consistency, and human rights. Methods: This study uses a comparative qualitative method with a doctrinal legal analysis approach, legal case evaluation, and secondary literature synthesis. Data were analyzed across jurisdictions to compare Islamic legal practices in Indonesia, Bangladesh, and Kenya. Results: The results show different models of Islamic law implementation: Indonesia combines national and regional authorities (e.g., in Aceh), Bangladesh enforces Islamic family law through civil courts, while Kenya restricts sharia to the constitutionally recognized Kadhi courts. Legal pluralism promotes cultural inclusion, but it also creates inconsistencies in the protection of gender rights and the coherence of the justice system. Implications: Affirms the importance of harmonizing religious law with the constitution to strengthen human rights, inclusive justice, and legal reform by the SDGs. Novelty: A comparative analysis of three countries with different contexts and the direct link of Islamic law to the global agenda of the SDGs, in particular, gender equality, inequality reduction, and institutional strengthening.
Co-Authors Alwy Ahmed Mohamed Ismaiza Busti Md. Riazul Haque Refinal Ronaldi Yondrizal Zulpandri