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All Journal ALSYS : Jurnal Keislaman dan Ilmu Pendidikan ANWARUL: Jurnal Pendidikan dan Dakwah
Wahid, Khaerunnisa
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Religion Education Social Sciences Other

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Limiting Rules in the Implementation of Islamic Law: An Analysis of the Principle of Rukhsah and the Hierarchy of Obligations in Contemporary Contexts Wahid, Khaerunnisa; Fatimah, Nurul; Musyahid, Achmad; Kuba, Imran Anwar
ALSYS Vol 5 No 4 (2025): JULI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/alsys.v5i4.6644

Abstract

This article examines the role of key Islamic jurisprudential principles as constraints in the application of Islamic law, particularly in situations involving emergencies or conflicting obligations. It focuses on two foundational rules: al-rukhaṣ lā tunāṭ bi al-maʿāṣī (legal relief does not apply to immorality) and al-wājib lā yutraq illā li-wājib (an obligation may not be abandoned except for the sake of another obligation). Through a library-based research method, the study analyzes the meanings, sources, and practical relevance of these principles by discussing contemporary scenarios such as invoking rukhṣah during sinful travel, postponing prayer due to urgent medical duties, and balancing academic commitments with the obligation of Friday prayer. The findings highlight the significance of employing the principles of caution (iḥtiyāṭ) and prioritization (tartīb al-awlawiyyāt) in legal istinbāṭ (derivation). These limiting principles serve to protect the integrity of Sharia from the misuse of emergency concessions while promoting justice, public benefit (maṣlaḥah), and alignment between scriptural texts and real-life contexts. The integration of these rules is essential for formulating contextual Islamic legal responses that remain faithful to ethical and evidentiary foundations of Sharia.
Islamic Banking in Indonesia: An Analysis of Regulation, Operations, and Contemporary Issues from the Perspective of Sharia and Economic Transformation Wahid, Khaerunnisa; Supriadi, Supriadi; Kamaruddin, Kamaruddin
ANWARUL Vol 5 No 4 (2025): AGUSTUS
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/anwarul.v5i4.6713

Abstract

Islamic banking in Indonesia has undergone significant growth since the establishment of Bank Muamalat in 1991. This study examines the regulatory framework, operational principles, and the challenges and opportunities facing Islamic banking in addressing contemporary financial issues. Utilizing a descriptive-qualitative approach through a literature study, the research identifies Law No. 21 of 2008 and fatwas issued by the National Sharia Council–Indonesian Ulema Council (DSN-MUI) as the primary legal and ethical foundations for Islamic banking operations. Key contract mechanisms such as muḍārabah, mushārakah, and murābaḥah serve as Sharia-compliant alternatives to conventional interest-based systems. Despite this progress, Islamic banking faces several challenges, including low levels of Sharia literacy among the public, limited digital innovation, and intense competition with conventional banks. However, significant opportunities exist through partnerships with Islamic fintech, integration of Islamic social finance instruments (ZISWAF), and the promotion of sustainable finance initiatives aligned with the objectives of maqāṣid al-sharīʿah. The study underscores the need to strengthen regulatory frameworks and embrace technological advancements to build an inclusive, competitive, and future-ready Islamic banking system in Indonesia.
Co-Authors Achmad Musyahid, Achmad Kamaruddin Kamaruddin Kuba, Imran Anwar Nurul Fatimah Supriadi Supriadi