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All Journal al-Afkar, Journal For Islamic Studies
Lis Diana Ningsih
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Social Sciences

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Analysis of Methods of Discovery of Islamic Law: A Critical Study of Qiyas, Al-Maslahah Al-Mursalah, Istihsan, and Al-Urf in a Contemporary Context Solihan Makruf; Rizal Agung Mufti; Diding Jalaludin; Lis Diana Ningsih; Ramdani Wahyu Sururie
al-Afkar, Journal For Islamic Studies Vol. 8 No. 4 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i4.1752

Abstract

This research aims to evaluate the application of Islamic legal research methods, namely qiyas, al-maslahah al-mursalah, istihsan and al-'urf, in responding to contemporary legal issues in Indonesia. The research method used is a literature review by analysing classical and modern sources of Islamic law, including books, scholarly journals, and relevant fatwas and legal regulations. The results show that the four methods can be flexibly applied to resolve modern legal issues such as early marriage, the status of children in Siri marriages and domestic violence. The contribution of this research is to provide an integrative and dynamic approach to the development of Islamic law, so that it can provide relevant solutions to contemporary legal challenges and support the integration of Islamic law into the national legal system.
Analysis of Geographical Conditions against Socio-Political and Legal Dynamics in Pre-Islamic Mecca and Medina: A Historical and Critical Approach Solihan Makruf; Lis Diana Ningsih; Syahrul Anwar
al-Afkar, Journal For Islamic Studies Vol. 8 No. 4 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i4.1817

Abstract

This research is motivated by the fact that geographical conditions played an important role in shaping the social, political and legal dynamics in pre-Islamic Makkah and Madinah. This research aims to analyse how geographical factors influenced the development of social structures, political systems and legal norms in the two cities before the advent of Islam. This research adopts a normative legal approach and a descriptive method of analysis. Data was collected using literature review techniques from historical, legal and social sources related to the pre-Islamic period. The data was then analysed using qualitative data analysis techniques to understand the relationship between geographical conditions and the dynamics that occurred. The results of this study show that the geographical conditions of Makkah and Madinah, such as their strategic location on trade routes and challenging geographical environment, contributed to the formation of a hierarchical social structure and a political system based on clan power. The legal system also evolved according to the pragmatic needs of the local community to maintain social and economic stability. The findings of this study suggest the need for a deeper understanding of the relationship between geography and socio-political dynamics as a basis for studying the transformation of law and community structure, especially in areas that have experienced significant historical change.
Equality of Men and Women in the Perspective of Islamic Marriage Law and Article 16 of the Universal Declaration of Human Rights Lis Diana Ningsih
al-Afkar, Journal For Islamic Studies Vol. 8 No. 4 (2025)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v8i4.1785

Abstract

This research is motivated by the fact that gender inequality in marriage is still an important issue in various countries, including from the perspective of Islamic marriage law and the provisions of Article 16 of the Universal Declaration of Human Rights (UDHR). This research aims to analyse how the principles of gender equality are applied in Islamic marriage law and Article 16 of the UDHR, and to assess their relevance and implementation in the modern legal context. This research adopts a normative legal approach with a descriptive-analytical method. Data was collected through document studies, including analysis of legal literature, legislation and international conventions, and then analysed using qualitative data analysis techniques. The results of the study show that both Islamic Marriage Law and Article 16 of the UDHR contain principles of gender equality, although there are differences in interpretation and implementation that are influenced by local culture and legal systems. The findings of this study suggest the need for harmonisation between religious norms and human rights principles to support the realisation of gender equality in marriage law.
Co-Authors Diding Jalaludin Ramdani Wahyu Sururie Rizal Agung Mufti Solihan Makruf Syahrul Anwar