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Samsidar Samsidar
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Law, Crime, Criminology & Criminal Justice

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The Relationship between Classical Fiqh and Modern Social Needs in the Formation of Islamic Law Samsidar Samsidar
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/2thmj830

Abstract

This article examines the relationship between classical fiqh and modern social needs in the formation of Islamic law, focusing on the normative and methodological tensions arising from contemporary legal development. Classical fiqh, rooted in structured juristic reasoning and historical context, is often perceived as rigid when confronted with rapid social transformation, technological advancement, and institutional complexity. This study identifies three principal legal issues: the mischaracterization of classical fiqh as a static normative product, methodological stagnation resulting from restricted conceptions of ijtihād, and the absence of a coherent framework for integrating social change into Islamic legal formation. Employing a normative juridical method with conceptual, statute, and case approaches, the article analyzes contemporary Islamic legal discourse, fatwa practices, and adaptive jurisprudence across various legal fields. The analysis demonstrates that classical fiqh inherently possesses adaptive capacity through its methodological tools, including maqāṣid al-sharīʿah, qawāʿid al-fiqhiyyah, and juristic pluralism. This article argues that the perceived conflict between tradition and modernity stems not from doctrinal incompatibility but from methodological misapplication. It proposes a prescriptive integration framework that institutionalizes continuous ijtihād, strengthens maqāṣid-based reasoning, and revitalizes methodological pluralism to ensure that Islamic law remains doctrinally authentic, socially responsive, and normatively coherent in contemporary contexts.
The Epistemology of Islamic Law and Its Implications for Legal Thought Reform Samsidar Samsidar
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/z30qw412

Abstract

This article examines the epistemology of Islamic law and its implications for the reform of Islamic legal thought in modern social contexts. The central issue addressed is the epistemological fragmentation within contemporary Islamic legal reform, characterized by the isolated use of bayani reasoning, rational hermeneutics, maqāṣid al-sharī‘ah, and ethical approaches without an integrated evaluative framework. This study employs a normative juridical method using conceptual and doctrinal approaches to analyze the epistemic structure of classical Islamic law and the challenges facing modern reform efforts. The findings indicate that the crisis of Islamic legal reform does not stem from a lack of substantive norms, but from the erosion of epistemological discipline in legal reasoning. The study argues for the reconstruction of an integrative epistemology that reaffirms uṣūl al-fiqh as a structural framework, textual authority as the normative foundation, maqāṣid as an orientation toward justice, and rational reasoning as a controlled contextual instrument. Such reconstruction is essential to preserve legitimacy, methodological coherence, and the adaptive capacity of Islamic law in the contemporary era. 
From Private Autonomy to State Regulation: Shifting Boundaries in Civil Law Samsidar Samsidar
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0ypmp244

Abstract

Classical civil law is fundamentally grounded in the doctrine of private autonomy, which positions individual free will as the primary source of legal obligations. However, the evolution of the welfare state, the expansion of regulatory governance, and the increasing protection of public interests have significantly altered this paradigm. In Indonesia, this transformation has produced normative ambiguity regarding the boundary between freedom of contract and state regulatory authority, particularly due to inconsistencies between the Civil Code and sectoral regulatory statutes. This article employs normative legal research using statute, conceptual, and case approaches to examine the shifting relationship between private autonomy and state regulation in civil law. The analysis demonstrates that unstructured regulatory intervention risks undermining legal certainty and diluting the normative core of civil law, while absolutist private autonomy is no longer tenable in a modern regulatory state. This article argues for a reconstruction of civil law based on conditional private autonomy, supported by proportionality and accountability principles, in order to balance private interests and public objectives in a constitutionally coherent manner.
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