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All Journal BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Multidisciplinary Indonesian Center Journal
Purnama Hidayah Harahap
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REORIENTATION OF MUNAKAHAT FIQH LEARNING FROM A NORMATIVE-LEGALISTIC APPROACH TO MAQASHID SYARIAH-BASED REASONING AT AL ANSOR ISLAMIC BOARDING SCHOOL, PADANGSIDIMPUAN Nur Sa’adah Harahap; Purnama Hidayah Harahap
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 3 No. 1 (2026): Vol. 3 No. 1 Edisi Januari 2026
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v3i1.2103

Abstract

The teaching of fiqh munakahat in Islamic boarding schools is generally still dominated by a normative-legalistic approach, which emphasizes the determination of legal status, such as halal–haram or valid–invalid, based on texts and the authority of classical books. This approach is important in preserving the scholarly tradition of fiqh, but in practice it often does not encourage students to understand the legal objectives and social implications of fiqh provisions. This study aims to analyze how the maqāṣid syariah reasoning approach can be applied in the teaching of fiqh munakahat and how this approach influences the students' way of thinking. This study uses a qualitative approach with a case study design conducted at the Al-Ansor Islamic Boarding School in Padangsidimpuan. Data were collected through observation of the learning process in the classroom, discussions with students, and reflections from teachers during the field study. The results of the study show a shift in the students' way of thinking from a textual understanding of the law to a more reflective understanding, taking into account the social context and objectives of sharia. This research contributes by offering a more contextual, reflective, and relevant model of fiqh munakahat learning for the challenges of contemporary Muslim family life.
THE PROBLEM OF UNDERSTANDING ISLAMIC FAMILY LAW: BETWEEN NORMATIVE TEXTS, SOCIAL PRACTICES AND MODERN LEGAL DYNAMICS IN ISLAMIC FAMILY LAW UNDERGRADUATE STUDENTS IN MANDAILING NATAL Yurizka Syahdani Nst; Sakinah Azzahra Hsb; Nur Asliah; Musa Azhari; Putra Halomoan Hsb; Purnama Hidayah Harahap
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 3 No. 1 (2026): Vol. 3 No. 1 Edisi Januari 2026
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v3i1.2127

Abstract

Understanding Islamic family law is an important aspect in Islamic law education, especially for students of the Islamic Family Law Study Program. However, in practice, various problems are still found that originate from the dominance of the textual approach, the gap between classical fiqh and social reality, and the complex relationship between Islamic law and state law. This research aims to analyze the problems of understanding Islamic family law in S1 students of Islamic Family Law in Mandailing Natal by highlighting the tension between normative texts, social practices, and modern legal dynamics. This research uses a qualitative approach with a field study method (field study), through observation and analysis of empirical data associated with normative and sociological studies. The research results show that students' understanding of Islamic family law still tends to be normative-textual and not completely contextual. The maqaṣid al-syari'ah approach is offered as a methodological solution to bridge the gap, because it is able to integrate the purpose of Islamic law with the demands of social justice and protection for vulnerable groups. This research emphasizes the importance of updating the Islamic family law education approach to be more responsive to social development and modern law.
THE PHENOMENON OF SIRI MARRIAGE AND ITS IMPLICATIONS FOR ISLAMIC FAMILY LAW Sawaluddin Siregar; Indra Sakti; Iqbal Pinayungan Munthe; Putra Halomoan Hasibuan; Purnama Hidayah Harahap
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 3 No. 1 (2026): Vol. 3 No. 1 Edisi Januari 2026
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v3i1.2302

Abstract

From an Islamic perspective, marriage is not merely a civil matter, nor merely a family or cultural matter, but also relates to religious issues and events, as it is conducted to fulfill the provisions of Allah SWT and the Prophet Muhammad (peace be upon him). A siri marriage is a marriage conducted without official state registration, thus having significant legal implications for women and children. While religiously, this marriage is considered valid, from a state legal perspective, unregistered marriages result in women losing their rights as wives, such as the right to maintenance, inheritance rights, and legal protection within the household. Furthermore, women in siri marriages lack a strong legal basis to file for divorce or assert their rights in court. Meanwhile, children born from siri marriages have only a civil relationship with their mothers, thus facing obstacles in obtaining birth certificates listing the father's name, inheritance rights, and rights to care and education from the father. Siri marriages are also often used as a way to freely practice polygamy without following proper procedures.
Istiḥsān: Relevansi dan Implementasinya dalam Pergumulan Hukum Islam Kontemporer: Istiḥsān: Relevance and its Implementation in Contemporary Islamic Legal Struggles Ahmad Mafaid; Purnama Hidayah Harahap; Abd Aziz Tambunan
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Vol. 7 No. 1 (2026): BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
Publisher : Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36701/bustanul.v7i1.2504

Abstract

The development of Islamic law continues to change in line with the evolution of time, both in social aspects and in the fields of science and technology. In practice, there are legal cases that have no basis for their establishment, or whose legal basis cannot be found with certainty, such as zakat income from lectures, which has no concrete basis in the Quran, Hadith, Ijmā’, or Qiyās. This research aims to find the legal basis for this practice thru a study of ushul fiqh. As for the method, it is a descriptive qualitative method, using a case study approach based on events occurring in society. The research findings indicate that Imam Abu Hanifah’s opinion on istiḥsān can address various contemporary issues. Although this thinking emerged due to sociological factors hundreds of years ago, it turns out that the difference in conditions did not become an obstacle and is still relevant to be applied as a legal solution in contemporary times. The implications of this research contribute to the struggles of contemporary Islamic law and serve as a reference for society in daily life in general, particularly in the practices of worship, transactions, politics, science and technology (IPTEK), as well as food, medicine, and cosmetics (POM).
Co-Authors Abd Aziz Tambunan Ahmad Mafaid Indra Sakti Iqbal Pinayungan Munthe Musa Azhari Nur Asliah Nur Sa’adah Harahap Putra Halomoan Hsb Sakinah Azzahra Hsb Sawaluddin Siregar Yurizka Syahdani Nst