Article Per Year (5 Year)
p-Index From 2020 - 2025
0.562
P-Index
This Author published in this journals
All Journal Al-Qalam ALSYS : Jurnal Keislaman dan Ilmu Pendidikan Al-Rasikh : Jurnal Hukum Islam
Kuba, Imran Anwar
Unknown Affiliation
Religion Social Sciences Other

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

Found 3 Documents
Search

 1 
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.
THE CONTESTATION OF RELIGIOUS AUTHORITY, SOCIAL MEDIA, AND LOCAL FIQH: AS’ADIYAH’S REJECTION OF USTADZ FIRANDA IN WAJO Kuba, Imran anwar; HS, Muhammad Alwi; Asmullah, Asmullah; Hasanah, Nurul
Al-Qalam Vol. 31 No. 2 (2025): Jurnal Al Qalam
Publisher : Balai Penelitian dan Pengembangan Agama Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31969/alq.v31i2.1698

Abstract

This study examines the contestation of religious authority between As’adiyah, representing local traditional ulama, and Ustadz Firanda, representing the transnational Salafi da'wah movement, focusing on the case of Firanda's rejection in Wajo Regency, South Sulawesi. The central argument of this research is that strong religious authority is not solely derived from online popularity but is instead grounded in social legitimacy, contextual wisdom, and an established scholarly reputation for maintaining harmony within a culturally diverse Muslim society. Using a qualitative approach with a case study method, this research draws upon a formal statement issued by the As’adiyah community. The findings reveal that the rejection of Firanda's da'wah was motivated not only by theological differences but also by efforts to preserve the continuity of local jurisprudence and the socio-cultural harmony of the Bugis community. Local religious authority, rooted in the legacy of the Shafi’i school and Bugis cultural values, demonstrates significant resilience against the expansion of purification-oriented transnational da'wah movements. This study underscores the importance of reactualizing local jurisprudence based on maqāṣid al-sharī‘ah to address the challenges posed by transnational da'wah, particularly in promoting the common good (maṣlaḥah) of the ummah and safeguarding local culture.
The Principle of Al-Ḥudūd Tasquṭ bisy-Syubuhāt: An Analysis of the Concept, Arguments, and Implications in Contemporary Islamic Criminal Law Amalia DT, Kiki Reski; Fauziah, Nur Aidah; Musyahid, Achmad; Kuba, Imran Anwar
al-Rasῑkh: Jurnal Hukum Islam Vol. 14 No. 2 (2025): November
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.3193

Abstract

The application of hudud in Islamic criminal law requires the highest level of legal certainty due to its direct relation to the protection of life, dignity, and individual freedom. The concept of shubha functions as a crucial safeguard to prevent judicial error in punishments that are fixed and irreversible. This study aims to analyze the concept, legal foundations, and contemporary implications of the maxim al-hudud tasqut bi al-shubuhat. Using a qualitative descriptive literature study, the research reveals four key findings: shubha operates as a barrier to enforcing hudud when doubt exists in the act, intention, or evidence; classical and modern scholars consistently affirm that even minimal doubt nullifies hudud to preserve justice; the judicial practice of the Prophet’s Companions demonstrates exceptional caution toward ambiguous cases; and the standard of proof for hudud must reach absolute certainty. The study concludes that shubha serves as a fundamental principle for ensuring substantive justice. Its main contribution lies in strengthening the relevance of this maxim within modern Islamic criminal law discourse.
Co-Authors Achmad Musyahid, Achmad Amalia DT, Kiki Reski Asmullah, Asmullah Fauziah, Nur Aidah HS, Muhammad Alwi Nurul Fatimah Nurul Hasanah Wahid, Khaerunnisa