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All Journal JOURNAL OF QUR'AN AND HADITH STUDIES Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum
Achmad Roziqi
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Institutional Ijtihād and Socio-Legal Adaptation: The Formulation of Waṣiyah Wājibah in Indonesia’s Compilation of Islamic Law Achmad Roziqi; Ramadhan, M. Rizki Syahrul; Ananda Prayogi; Falah, Fajrul
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 59 No 1 (2025)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v59i1.1517

Abstract

Studies of Islamic law in Indonesia have generally framed wasiat wājibah (mandatory will) merely as a normative innovation, without providing a comprehensive account of the epistemic processes and socio-cultural dialectics underpinning its formulation. This article examines the rationale behind wasiat wājibah in the drafting process as a form of institutional ijtihād (reasoning) responsive to the plural realities of Indonesian Muslim society. Employing a library-based method within a socio-legal framework, the study analyzes the Compilation of Islamic Law (KHI) alongside its official preparatory documents, legal periodicals, judicial decisions, and relevant regulations from other Muslim-majority jurisdictions. The findings reveal that the construction of wasiat wājibah under Article 209 of the KHI—which grants rights to adopted children and adoptive parents—emerged from an interplay among textual sources of the Sharīʿah (Islamic law), local ʿurf (custom) practices, and the maqāṣid al-sharīʿah (objectives of Islamic law) framework. This construction synthesizes naṣṣ (Qurʾān and hadith), customary adoption traditions, the views of Ibn Ḥazm, and legal precedents from Egypt and Morocco, as reflected in each stage of the KHI’s formulation. The study argues that wasiat wājibah functions as a legal instrument that is adaptive, progressive, and responsive to the demands of substantive justice in Indonesia’s plural Muslim society. It further recommends developing wasiat wājibah models to accommodate marginalized groups excluded from inheritance distribution while preserving the integrity of the foundational principles of the Sharīʿah.
Syarh Al-Isyārī: The Sufi Approach to Interpreting the Prophet’s Hadith Viki Junianto; Iqbal Nursyahbani; Ahmad Nurhamdani; Achmad Roziqi
JOURNAL OF QUR'AN AND HADITH STUDIES Vol. 14 No. 2 (2025)
Publisher : JOURNAL OF QUR'AN AND HADITH STUDIES

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/quhas.v14i2.46556

Abstract

The syarḥ al-ishyārī approach is a method of hadith interpretation developed within the Sufi tradition, emphasizing texts' inner and symbolic meanings. However, this approach is often seen as deviating from the literal intent of the hadith. This study aims to examine the forms of syarḥ al-ishyārī within the Sufi tradition and evaluate its validity using five criteria formulated by al-Zurqānī. A qualitative research method based on library research was used, analyzing works such as Futūḥāt al-Makkiyyah, Iḥyā' 'Ulūm al-Dīn, and Mir’āt al-Ḥaqā’iq. The findings show that syarḥ al-ishyārī is acceptable if it does not contradict the apparent meaning, is free from weak interpretations, and aligns with both transmitted and rational evidence. This study recommends a cautious and methodological approach to Sufi interpretations of hadith. The main conclusion suggests that syarḥ al-ishyārī is a valid derivative interpretation when it adheres to strict scholarly boundaries.
Co-Authors Ahmad Nurhamdani Ananda Prayogi Falah, Fajrul Iqbal Nursyahbani Ramadhan, M. Rizki Syahrul Viki Junianto