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All Journal QALAMUNA: Jurnal Pendidikan, Sosial, dan Agama Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Qonun Jurnal Hukum Islam dan Perundang-Undangan Nuris Journal of Education and Islamic Studies Mawaddah: Jurnal Hukum Keluarga Islam
Baihaqi Baihaqi
Institut Agama Islam Negeri Pontianak
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Philosophy of The Objectives of Islamic Law with a Systems Approach: Study of Jasser's Thought in The Book of Maqashid Ash-Shari'ah Kafalsafah Li At-Tasyri' Al-Islami Ru'yah Mandhumiyah Ahmad Musadad; Achmad Badarus Syamsi; Umi Indasyah Zahro; A. Mufti Khazin; Baihaqi Baihaqi; Tri Pujiati; Imamuddin Imamuddin
Nuris Journal of Education and Islamic Studies Vol. 6 No. 1: January - June 2026
Publisher : Institut Nurul Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52620/jeis.v6i1.245

Abstract

This study explores the philosophical foundations of the objectives of Islamic law (maqāṣid al-sharī‘ah) through a systems approach as articulated by Jasser Auda in his work Maqāṣid Asy-Syarī‘ah Kafalsafah li At-Tasyri‘ Al-Islāmī: Ru’yah Mandhumiyah. The urgency of this research lies in the increasing demand to reinterpret Islamic law in order to address the complexities of contemporary society while maintaining its foundational principles. This study employs a qualitative method with a library research approach, focusing on Auda’s conceptual framework and its implications for the philosophy of Islamic law. The findings reveal that Auda’s systems approach redefines maqāṣid as a dynamic and holistic framework emphasizing justice, public interest, and human dignity. This perspective challenges rigid textual interpretations and proposes a flexible methodology that aligns Islamic law with the realities of modern life. Auda’s approach significantly contributes to contemporary discourse on Islamic jurisprudence by presenting maqāṣid as a living philosophy capable of adapting to evolving societal contexts
Wujud-Based Character Education: Actualisation of The Prophet's Educational Character as Uswatun Hasanah Hasib Arista; Baihaqi Baihaqi; Ahmad Musadad; Ainun Syarifah; Tri Pujiati
QALAMUNA: Jurnal Pendidikan, Sosial, dan Agama Vol. 18 No. 1 (2026): Qalamuna - Jurnal Pendidikan, Sosial, dan Agama
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Program Pascasarjana IAI Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/qalamuna.v18i1.8361

Abstract

This research is motivated by the phenomenon of increasing cases of juvenile delinquency, moral and ethical decline, and various forms of social deviance that still occur among those who have received education. This study aims to identify and evaluate character education methods based on the actualisation of the exemplary values of the Prophet Muhammad as Uswatun Hasanah. The research method used is qualitative, with a descriptive approach, combining literature from various sources, such as journals, books, and holy books, with authentic evidence from the community. The results showed that implementing character education grounded in the values of the Prophet Muhammad changed individual behaviour towards greater moral conduct, as the Prophet succeeded in transforming jahiliyah society into one full of politeness. The conclusion of this study is that character education grounded in the example of the Prophet Muhammad is effective in shaping individuals with faith, devotion, and noble character. Suggestions for further research include deepening the implementation of these values in the modern education system and conducting comparative studies with existing character education approaches.
Normalization of Necessity Legal Maxims in DSN-MUI Fatwas: An Empirical Analysis of Indonesian Sharia Economic Fiqh Methodology Ahmad Musadad; Shofiyun Nahidloh; Baihaqi Baihaqi; Misno Misno; A Mufti Khazin; Tri Pujiati
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 10 No. 1 (2026)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v10i1.12822

Abstract

The rapid development of the Islamic finance industry requires adaptive legal reasoning capable of responding to the increasing complexity of modern economic transactions. In Indonesia, fatwas issued by the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) play a crucial role in establishing the normative framework of Islamic economic practices. This study aims to examine the use of necessity-based legal maxims (qawāʿid al-ḍarūra) in DSN-MUI fatwas and to analyze their methodological implications for the development of contemporary Islamic economic jurisprudence. Employing a qualitative approach with documentary analysis and content analysis methods, this research analyzes 165 DSN-MUI fatwas issued during the early phase of Islamic economic development in Indonesia. The findings reveal that 89 fatwas, representing approximately 53.9% of the total sample, explicitly employ legal maxims related to necessity, harm removal, or urgent need as the basis of legal reasoning. The most frequently applied maxims include al-ḍarar yuzāl, al-ḍarar yudfaʿ bi-qadr al-imkān, and al-ḥājah tanzil manzilat al-ḍarūra. These maxims are predominantly applied within sectors characterized by high transactional complexity, particularly Islamic banking, Islamic capital markets, and modern financial industries. The findings indicate that necessity-based maxims no longer function solely as exceptional mechanisms in classical Islamic jurisprudence but have evolved into methodological tools for adapting Islamic law to the dynamics of modern economic systems. This study contributes to the theoretical discourse on Islamic legal methodology by highlighting the strategic role of qawāʿid fiqhiyyah in the evolution of contemporary fiqh al-muʿāmalāt
THE TASALUH, TANAZUL, AND TAKHĀRUJ MODELS IN THE INHERITANCE PRACTICES OF MADURESE CLERICAL FAMILIES IN MADURA A Mufti Khazin; Ahmad Musadad; Tri Pujiati; Ifa Mutitul Choiroh; Moh. Hatta; Baihaqi Baihaqi
JURNAL HAKAM Vol 10, No 2 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i2.14669

Abstract

This study examines the implementation of tasāluh, tanāzul, and takhāruj in inheritance settlement within the family of the late Kiai Haji AMM in Panaan Village, Palengaan, Pamekasan, Madura. The research addresses a theoretical tension between the textual-mathematical normativity of faraid and socio-cultural realities that prioritize deliberation and familial harmony. Employing a qualitative case study design within a socio-legal framework, the study integrates in-depth interviews, participant observation, inheritance agreement documentation, and analysis of classical Islamic inheritance jurisprudence alongside maqāṣid al-sharī‘ah theory. The findings demonstrate that faraid remains the acknowledged normative baseline; however, its application is mediated through tasāluh grounded in mutual consent (‘an tarāḍin). Tanāzul and takhāruj operate as flexible redistributive instruments that are jurisprudentially valid and socially adaptive. From a maqāṣid perspective, the practice safeguards not only ḥifẓ al-māl (protection of property) but also ḥifẓ al-‘ird and ḥifẓ al-ukhuwwah (protection of dignity and fraternity), thereby fostering substantive justice and preventing intra-family conflict. The study formulates a “Consensual-Religious Inheritance Model of Madura,” integrating textual normativity, moral authority of religious leaders, and relational justice. These findings contribute to strengthening mediation-based inheritance mechanisms within Indonesian Islamic family law and advancing contemporary discourse on living fiqh grounded in local socio-religious wisdom.
Maqāṣid al-Sharīʿah as a Governance Framework: Institutionalizing Child Protection in Pontianak Marluwi Marluwi; Baihaqi Baihaqi; Ahmad Musadad; Umi Indasyah Zahro; Tri Pujiati
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.34

Abstract

The high rate of violence against children in Pontianak City shows that the issue of child protection is not only normative in regulations, but has become a complex social problem. This study aims to analyze the dynamics of children's involvement as victims of crime in Pontianak City and examine the governance of child protection through the perspective of maqāṣid al-syarī'ah. The research method used is qualitative with a socio-legal approach to examine the relationship between positive legal norms and the implementation of child protection at the regional level. The results of the study show that family vulnerability, weak parental supervision, unconducive social environment, and low digital literacy are the main causes of the increased risk of children becoming victims of crime. Field findings also show that the Pontianak City Regional Child Protection Commission has implemented protection governance through integrated assessment SOPs, legal and health assistance, education sustainability supervision, direct and digital complaint services, and preventive programs based on community participation. The analysis based on maqāṣid al-syarī'ah emphasizes the need to reconstruct the fiqh of child protection based on the principles of ḥifẓ al-nafs, ḥifẓ al-'aql, and ḥifẓ al-nasl as a normative foundation in child protection policies. This study recommends a stronger integration between regional regulations, institutional capacity strengthening, and internalization of the values of maqāṣid al-syarī'ah so that the child protection system in Pontianak City becomes more substantive, responsive, and holistically oriented towards the benefit of children.
Co-Authors A Mufti Khazin A. Mufti Khazin Achmad Badarus Syamsi Ahmad Musadad Ahmad Musadad Ahmad Musadad Ahmad Musadad Ainun Syarifah Dimas Achmada Zakki, Hamida Wahyuni Hafild, Azka Nafilah, Ifa Mutitul Choiroh Hasib Arista Imamuddin Imamuddin Marluwi Marluwi Misno Misno Moh. Hatta Shofiyun Nahidloh Tri Pujiati Tri Pujiati Tri Pujiati Tri Pujiati Umi Indasyah Zahro Zahro, Umi Indasyah