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All Journal Jurnal Ulunnuha Ascarya: Journal of Islamic Science, Culture and Social Studies Jurnal Antologi Hukum Journal of Economics, Law, and Humanities
Saifullah Saifullah
Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Ratio Decidendi Hakim dalam Penetapan Nafkah Iddah terhadap Istri yang Nusyuz Perspektif Dhariah Siti Hajrah; Saifullah Saifullah; Abid Rohmanu
Journal of Economics, Law, and Humanities Vol. 4 No. 2 (2025): Economics, Law, and Humanities
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/jelhum.v4i2.5269

Abstract

This study is motivated by legal issues regarding the provision of iddah maintenance for a wife who is considered nusyuz in divorce cases at the Religious Court of Ponorogo. This study aims to analyze the judges’ ratio decidendi in determining iddah maintenance for a nusyuz wife and to examine its relevance to the theory of dhariah in Islamic law. The qualitative research employs a normative juridical method using a statutory and case law approach. Data were obtained through interviews with judges handling similar cases and documentation such as court decisions and relevant Supreme Court Circular Letters (SEMA). The data were analyzed descriptively and analytically by exploring the judges’ legal and moral considerations in making decisions. The results show that the judges’ ratio decidendi in granting iddah maintenance is based on the absence of clear evidence of nusyuz, thereby affirming the wife’s right to maintenance based on principles of justice and protection of women. Conversely, when nusyuz is proven, judges may deny iddah maintenance by applying sadd al-dhariah to prevent social harm. The relevance of dhariah theory in these decisions emphasizes the importance of balancing public benefit (maslahah) and substantive justice. Thus, judges’ decisions toward maslahah can be essential to strengthen gender justice in Islamic family law.
Interfaith Marriage and Qur’anic Interpretation in Southeast Asia: Reassessing al-‎Māʾidah (5):5 through Maqāṣid al-Sharīʿah Saifullah Saifullah; Martha Eri Safira; raihanah raihanah
Jurnal Ulunnuha Vol 15, No 1 (2026): June
Publisher : Universitas Islam Negeri Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/ju.v15i1.12857

Abstract

Studies on interfaith marriage in Muslim societies have generally focused either on Islamic ‎legal doctrine or on state regulation, while relatively little attention has been paid to how ‎Qur’anic interpretation is institutionalized within diverse socio-legal contexts. This article ‎examines the interpretation of al-Māʾidah (5):5 and its legal implications in Southeast Asia, ‎particularly in Indonesia, Malaysia, Brunei Darussalam, and Singapore. Employing a ‎qualitative library-based method, the study combines Qur’anic exegesis, maqāṣid al-sharīʿah, ‎and comparative family law analysis to investigate the interaction between scriptural ‎interpretation and legal regulation. The findings demonstrate that although classical exegetes ‎generally recognized the permissibility of marriage between Muslim men and women from ‎among the Ahl al-Kitāb, contemporary legal responses vary considerably across Southeast ‎Asia. These variations are shaped not only by exegetical reasoning but also by differences in ‎Muslim demographics, state-religion relations, legal pluralism, and national regulatory ‎frameworks. The study further proposes a transcendental-emancipatory reconciliatory ‎framework that integrates textual fidelity, maqāṣid-oriented reasoning, socio-legal pluralism, ‎and contextual interpretation to explain the coexistence of divergent legal approaches while ‎preserving the normative objectives of Islamic law. The article contributes to the growing ‎scholarship on Qur’anic interpretation and Islamic family law by demonstrating that the ‎contemporary meaning and application of al-Māʾidah (5):5 are significantly influenced by the ‎political, legal, and social realities of Southeast Asian Muslim societies.‎
Nalar Maqasid al-Syari'ah Rasyid Ridha dalam Tafsir Al-Manar: Studi atas Ayat-Ayat Riba dan Poligami Saifullah Saifullah
Jurnal Antologi Hukum Vol. 6 No. 1 (2026): In Press
Publisher : Fakultas Syariah Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/antologihukum.v6i1.6687

Abstract

The stagnation of Islamic law has been largely attributed to rigid textualism and taqlīd that disconnects revelation from evolving social realities. This normative-ushuli study aims to examine the maqāṣid al-sharī‘ah paradigm independently developed by Muhammad Rashid Rida in the later volumes of Tafsir Al-Manar (Volumes VI-XII) through content analysis and legal hermeneutics. The findings reveal that Rida constructed a legal epistemology based on a dichotomous distinction between the static sphere of worship (ta‘abbudī) and the dynamic realm of social transactions (ta‘aqqulī). In socio-economic matters, the principle of maslahah mursalah is positioned as a primary methodological instrument for qualifying the general application of hadith āhād. This teleological reasoning is demonstrated in two major cases: the reinterpretation of riba by restricting its absolute prohibition to ribā al-nasī’ah, thereby opening the possibility of re-examining modern banking interest through a maqāṣid-based approach, and the restriction of polygamy through state legal intervention to protect women’s rights and family welfare. The study further demonstrates that the legal paradigm developed in Tafsir Al-Manar possesses significant relevance to contemporary Islamic legal reform, particularly in the fields of family law and Islamic economic law in Indonesia.
Beyond Maṣlaḥah and Utilitarianism: Reassessing Rashīd Riḍā’s Legal Reasoning in Tafsīr al-Manār Saifullah Saifullah; Anjar Kususiyanah
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 6 No. 1 (2026)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/e0svxv16

Abstract

Recent scholarship has clarified Rashīd Riḍā’s maqāṣid- and maṣlaḥah-oriented reformism, the rational and empirical dimensions of individual discussions in Tafsīr al-Manār, and the colonial setting of his political and legal thought. However, it remains unclear whether attention to consequences makes his legal reasoning utilitarian or performs more limited juridical tasks within an Islamic legal framework. This article uses a qualitative, cross-case analysis of six clusters—intoxicants and gambling; zakāt allocation and public finance; ribā under collective need; polygamy; political loyalty and counter-mission funding; and Muslim judges and participation in colonial government. Each cluster is reconstructed through the relation among ḥukm, ʿillah or operative manāṭ, juristic mechanism, authority to establish the relevant facts, and protected maṣlaḥah. The analysis identifies three functions of consequences: corroborating the protective rationale of established prohibitions; establishing and delimiting the conditions of a concession, dispensation, or fiscal priority; and ranking legally available but compromised alternatives under constraint. These findings do not support classifying Riḍā as a utilitarian jurist. Consequences never appear as an autonomous, aggregative, and maximizing criterion of right action; they acquire legal force only after mediation by revelation, legal characterization, domain-specific juristic mechanisms, and authorized competence. The comparison with utilitarianism therefore identifies a limited resemblance in attention to collective effects alongside a decisive difference in normative structure. Colonial institutions changed the objects, thresholds, and stakes of judgment, while Riḍā’s juristic repertoire supplied the forms through which those conditions were legally assessed.
Co-Authors Abid Rohmanu Anjar Kususiyanah Martha Eri Safira raihanah raihanah Siti Hajrah