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All Journal AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Media Hukum Indonesia (MHI)
Akbar, Nico
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Religion Law, Crime, Criminology & Criminal Justice

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Perspektif Fikih Islam Terkait Ṣulḥ Fuḍūlī dalam Proses Perdamaian Pihak Bersengketa : The Islamic Jurisprudence Perspective on Ṣulḥ Fuḍūlī in the Peace Process Between Disputing Parties Akbar, Nico; Rapung, Rapung; Awal Rifai
AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab Vol. 3 No. 4 (2024): AL-QIBLAH: Jurnal Studi Islam dan Bahasa Arab
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M) Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/qiblah.v3i4.1661

Abstract

Sulh fuduli is a peace-making effort conducted by a third party without formal authority. In Islamic jurisprudence, the legitimacy of sulh fudhuli is recognized, though there are differences among jurists across various schools of thought regarding its specifics, procedures, and conditions. This study aims to understand the perspectives of Islamic jurists on Sulh Fuduli in the peace process between disputing parties, using a qualitative research approach and literature review method. The results of this research indicate that Islamic jurists have significant views on the role of third parties in the peace process to resolve disputes, analyzing arbitration and conciliation sulh. In this context, it is important to understand the concepts of peace, dispute, and mediation in Islam, and to maintain legitimate peace objectives in accordance with religious principles. Consequently, this study contributes to the understanding of the role of third parties in creating harmonious peace within society. The application of this concept is also discussed in the contexts of trade and marriage, showing analogies between unauthorized transactions in various types of contracts. Classical literature emphasizes that peace made by a third party can be considered legitimate in certain situations where such peace provides benefits to the defendant and does not harm the involved parties.
Lafaz Muṭlaq dan Muqayyad dalam Perspektif Uṣūliyyah: Telaah Makna, Penerapan dalam Nas, dan Implikasi Hukum Akbar, Nico; F, Fatmawati; Amin, Abd. Rauf Muhammad
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18144689

Abstract

The Qur’an, as the primary source of Islamic law, employs a rich, diverse, and nuanced language. Among the forms of expression found within it are muṭlaq (unrestricted) and muqayyad (restricted) terms. A proper understanding of these concepts is essential, as legal rulings in the Qur’an and Hadith are often conveyed either in an unrestricted (muṭlaq) or a restricted (muqayyad) form. Classical scholars of uṣūl al-Fiqh have long examined the interaction between these two types of expressions, particularly when two legal texts address the same issue but differ in formulation one being muṭlaq and the other muqayyad. Scholarly debates also arise in cases where the legal ruling is the same but the underlying cause differs, or conversely, where the cause is the same but the ruling differs. This demonstrates the complexity of the methodology of Islamic legal derivation, which requires careful analysis of linguistic expressions, contextual considerations, and supporting evidences. Therefore, understanding muṭlaq and muqayyad is not only crucial in the theoretical domain of uṣūl al-Fiqh, but also carries practical implications in fiqh, particularly in the process of legal ijtihād that remains relevant to the evolving needs of the Muslim community.
Co-Authors Amin, Abd. Rauf Muhammad Awal Rifai Fatmawati F, Fatmawati Rapung, Rapung