Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal al-Afkar, Journal For Islamic Studies USRAH: Jurnal Hukum Keluarga Islam
Muhammad Rizal Khoirul Umam
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
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.
Islamic Family Law Perspective on Children Under Ages Who Work to Support Family (Study in Pasar Banggi Village, Rembang District, Central Java Regency) Ibnu Aqil; Izzul Mutho`; Abdul Rozak; Muhammad Rizal Khoirul Umam
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.2983

Abstract

Many children under the age of 18 who have been actively involved in economic activities, become child laborers with the most dominant reason being economic pressure experienced by their parents or other factors. This study aims to determine the driving and underlying factors of children working as breadwinners for families in Pasar Banggi Village. As well as a review of Islamic family law on children as breadwinners for families in Pasar Banggi Village. This researcher uses qualitative methods, the data in this study were obtained from primary data and secondary data. Data collection techniques used are observation, interviews, and documentation. The results of this study indicate that the general description of working underage children due to the large number of them who work in Pasar Banggi Village as fishermen, farm laborers or other jobs is due to the most dominant economic factor, while other factors are environmental factors, parental factors, self-will factor, and habit factor. In terms of Islamic Family Law, the age limit for children to work is not directly explained in Article 98 of the Compilation of Islamic Law paragraph (1) the age limit for children who are able to stand alone or as adults is 21 years, as long as the child is not physically disabled. or mentally or have never been married. Child labor should be avoided considering the harm is greater than the benefit. In Surah Al-Baqarah verse 233 it is explained because providing a living is obligatory for parents.
Legal-Social Relations in Marriage Dispensation: A Comparative Study of the Tangerang Religious Court and the Serang Religious Court Lutvia Prakasiwi; Muhammad Rizal Khoirul Umam; Izzul Mutho`
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3015

Abstract

This study investigates the interplay between legal norms and social realities in marriage dispensation cases, through a comparative analysis of the Religious Courts in Tangerang City and Serang City. The increasing number of applications for underage marriage highlights the tension between statutory regulations and socio-cultural practices. Employing a socio-legal approach and qualitative methodology, the research draws on primary sources, including court decisions and interviews with judges, as well as secondary literature in the fields of law and social science. The findings demonstrate that, although both courts adhere to the same legal basic namely Law No. 16 of 2019 amending the Marriage Law there are marked differences in judicial reasoning shaped by local social contexts. The Tangerang court tends to prioritise procedural formality and child protection, whereas the Serang court shows greater accommodation of local cultural considerations. These variations underscore the extent to which legal decisions are influenced by the social environments in which they are embedded, reaffirming the dynamic relationship between law and society.
Co-Authors ABDUL ROZAK Ibnu Aqil Izzul Mutho` Lutvia Prakasiwi Mutho`, Izzul Rozak , Abdul