Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Tasyri' Gemi: Jurnal Penelitian dan Pengabdian
Husna, Fathiyah
Unknown Affiliation
Religion Civil Engineering, Building, Construction & Architecture Education Environmental Science Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Tasyri'

 1 
The Concept of Bughat in Islamic Political Fiqh: A Comparison of Madhhab Shafi'i and Hanafi Zuairiyah, Zuairiyah; Husna, Fathiyah; Azzahra, Kamila Nayli; Ulyani, Attikah; Siyono, Siyono
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.435

Abstract

This study examines the differing perspectives of the Mazhab Shafi’i and Hanafi regarding the concept of bughat (rebellion) within Islamic political jurisprudence. The core issue lies in the variation of criteria, legal treatment, and evidential bases used by the two schools. Using a library research method, analyzing classical sources, relevant hadiths such as those indicating early signs of rebellion (at-thalab), and major fiqh works, the study finds that the Mazhab Shafi’i  requires the presence of military strength, leadership, and legitimate ta’wil to classify a group as bughat, and distinguishes between Muslim and non-Muslim rebels, prioritizing peaceful resolution. In contrast, the Mazhab Hanafi emphasizes governmental stability and allows pre-emptive defensive measures once signs of rebellion appear, without differentiating religious status. These differences stem from each Mazhab’s method of legal derivation. The findings highlight the significant implications of these methodological variations for the application of Islamic public law in contemporary political contexts.
Co-Authors Azzahra, Kamila Nayli Nada, Rona Sifaun Nisrina Nisrina Purnomo Purnomo Setyawati, Yuli Siyono, Siyono Ulyani, Attikah Zuairiyah, Zuairiyah