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All Journal Hakamain: Journal of Sharia and Law Studies IRSYADUNA: Jurnal Kemahasiswaan
Upi Sopiah Ahmad
Universitas Islam Negeri Sumatera Utara
Religion Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Reconstruction of the Function of Takhsis in Ushul Fiqh in Contemporary Muslim Society Upi Sopiah Ahmad; Mhd. Syahnan; Nisful Khoiri; Dhiauddin Tanjung
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 2 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i2.1672

Abstract

This study aims to reconstruct the function of takhsis in ushul fiqh within contemporary Muslim society by critically examining its conceptual role and practical application in modern Islamic legal reasoning. The research employs a qualitative normative methodology through textual and analytical approaches, focusing on classical ushul fiqh literature, contemporary scholarly works, and selected fatwa and legal discourses that reflect current socio-legal realities. Data are analyzed by comparing classical formulations of takhsis with contemporary interpretations to identify patterns of continuity, shift, and methodological tension. The findings indicate that the function of takhsis in contemporary practice tends to be applied in a limited and formalistic manner, often emphasizing textual restriction while neglecting broader contextual, social, and purposive considerations. This condition results in interpretive rigidity and difficulties in responding effectively to social change, legal pluralism, and new legal problems faced by Muslim societies today. The study finds that takhsis requires functional reconstruction by repositioning it not merely as a textual limiting tool, but as a dynamic methodological instrument that operates in harmony with contextual analysis and the objectives of Islamic law. The study concludes that such reconstruction is essential to maintain the relevance and adaptability of ushul fiqh in contemporary contexts. Academically, this research contributes to the development of ushul fiqh studies by offering a systematic reinterpretation of takhsis that bridges classical legal theory and contemporary legal challenges, and by enriching ongoing discussions on Islamic legal methodology, reform, and contextual interpretation.
Kaidah Lā Ḍarar wa Lā Ḍirār sebagai Instrumen Normatif dalam Pembatasan Pemanfaatan Sumber Daya Alam Upi Sopiah Ahmad; Mhd Yadi Harahap; Sukiati Sugiono; Nurasiah Nurasiah
Irsyaduna: Jurnal Studi Kemahasiswaaan Vol. 5 No. 3 (2025): Desember
Publisher : LP3M IAI Al Urwatul Wutsqo Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/irsyaduna.v5i3.2826

Abstract

The utilization of natural resources in Islamic law is fundamentally permissible; however, it is neither absolute nor value-free. Such utilization is subject to Sharīʿah principles aimed at safeguarding human well-being and environmental sustainability. This article examines the position of the fiqh maxim lā ḍarar wa lā ḍirār as a normative instrument for determining the permissible limits of natural resource utilization within Islamic law. The study employs a normative legal research method with conceptual and philosophical approaches, analyzing fiqh maxims, maqāṣid al-sharīʿah, and both classical and contemporary literature on Islamic environmental jurisprudence. The findings demonstrate that the maxim lā ḍarar wa lā ḍirār functions not merely as an ethical principle or moral prohibition, but as an operational legal tool capable of determining changes in legal status. Activities related to natural resource utilization that are initially deemed permissible (mubāḥ) may be restricted or prohibited when they are proven, or reasonably expected, to cause significant harm, including ecological degradation, threats to public safety, and long-term environmental impacts of a collective and sustainable nature. This study further emphasizes that the contemporary expansion of the concept of harm encompasses ecological dimensions and future risks, thereby positioning preventive measures as a central principle in Islamic legal reasoning. This article contributes conceptually by positioning the maxim lā ḍarar wa lā ḍirār as a normative parameter in the development of Islamic environmental jurisprudence and as a Sharīʿah-based justification for regulating natural resource utilization in pursuit of public interest and environmental sustainability.
Co-Authors Dhiauddin Tanjung Mhd Yadi Harahap Mhd. Syahnan Nisful Khoiri Nurasiah Nurasiah Sukiati Sugiono