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All Journal Ma'mal: Jurnal Laboratorium Syariah dan Hukum Al-Hukama: The Indonesian Journal of Islamic Family Law
Bilhaq, Ahmad Razan
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Assessing the Potential of Najm al-Din al-Tufi’s Maṣlaḥah for Islamic Legal Reform Riza, Achmad Kemal; Bilhaq, Ahmad Razan
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.488

Abstract

This paper discusses the thoughts of Najm al-Din al-Tufi (1277–1316 AD), a Hanbali scholar who was known to be radical in carrying out the concept of maṣlaḥah. This research is a normative and textual approach. Data collection is carried out through literature review, and it was analyzed descriptively.  This article finds that al-Tufi places maṣlaḥah as the main postulate in the determination of the law, even in certain cases it can surpass nas and ijma'. This thought departs from his commentary on the hadis lā ḍarar wa lā ḍirār, which, according to him, affirms the principle of the elimination of harm and the maintenance of benefits. He defines maṣlaḥah broadly, dividing it into two domains: worship and muqaddarāt, which are subject to nas, and mu'āmalāt, which is entirely subject to human welfare. Within this framework, al-Tufi developed the methods of tarjīḥ and bayān to resolve the contradiction in the postulate by prioritizing maṣlaḥah. His thoughts sparked controversy; some scholars accuse him of ignoring the authority of the text, while modern thinkers see it as a progressive bid to renew Islamic law. Although limited only to the realm of mu'āmalāt, the idea of al-Tufi is still relevant in responding to contemporary legal problems that are not explicitly accommodated in nas or ijma'.
Between Normative Guarantees and Empirical Realities: Disability Access to Marriage Services at Religious Affairs Offices in Surabaya Shodiqin, Mohammad; Ghufron, Muhammad; Bilhaq, Ahmad Razan
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.2.229-257

Abstract

The state bears a constitutional obligation to ensure equal access to public services, including marriage registration, for all citizens, including people with disabilities. However, in practice, the accessibility of marriage services at the Office of Religious Affairs (KUA) remains limited. This study aims to examine the inclusivity of marriage services for people with disabilities at four KUAs in Surabaya: Tambaksari, Sawahan, Semampir, and Wonokromo. Using a sociological jurisprudence design, this empirical study collected data through observation and in-depth interviews with KUA heads and penghulus (marriage registrars). The findings reveal significant disparities in physical and non-physical accessibility, with only the Sawahan KUA demonstrating minimal infrastructure readiness. Other KUAs still face structural barriers, a lack of assistive facilities, and the absence of sign language interpreters. In response, marriage registrars employ discretionary practices, such as non-verbal consent mechanisms and family-assisted communication, as survival innovations to ensure the validity of marriage procedures. However, these practices remain partial and non-standardized, potentially leading to legal uncertainty and unequal access to services. From a human rights and Islamic law perspective, these limitations reflect a gap between normative guarantees and empirical reality, particularly regarding the fulfillment of the principles of equality and non-discrimination. This study advocates a paradigm shift from a charitable to a rights-based approach, ideally supported by technical regulations, inclusive infrastructure, and institutional capacity-building, to ensure dignified and equal access to marriage services for persons with disabilities.
Co-Authors A. Kemal Riza Muhammad Ghufron Shodiqin, Mohammad