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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Nurmilasari
Universitas Islam Negeri Alauddin Makassar
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Lafaz dalam Teks Hukum Islam: Analisis Dalālat Al-Manṭūq dan Implikasinya terhadap Istinbāṭ Al-Ḥukm Nurmilasari; Abd. Rauf Muhammad Amin; Fatmawati
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law (in Press)
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1807

Abstract

The analysis of wording (lafaz) in Islamic legal texts occupies a central position in the methodology of Islamic jurisprudence, particularly in the process of legal derivation (istinbāṭ al-ḥukm). Explicit textual meaning (dalālat al-manṭūq) represents the most direct form of legal indication and functions as a primary reference before engaging implicit meanings or analogical reasoning. However, contemporary legal discussions often reveal inconsistencies in understanding the scope and authority of explicit meaning, leading to divergent legal conclusions. This article examines the forms and classifications of dalālat al-manṭūq and analyzes their implications for legal reasoning within the framework of uṣūl al-fiqh. Employing a qualitative descriptive-analytical approach, the discussion is grounded in a critical review of classical and contemporary uṣūl al-fiqh literature. The findings demonstrate that dalālat al-manṭūq al-ṣarīḥ holds strong legal authority due to its clarity and minimal interpretative ambiguity, while dalālat al-manṭūq ghayr al-ṣarīḥ, although still authoritative, requires careful contextual and linguistic analysis. The study highlights the continuing relevance of precise textual interpretation in responding to modern legal challenges and emphasizes that methodological rigor in understanding explicit meaning is essential to ensure legal rulings remain aligned with the objectives of Islamic law (maqāṣid al-sharīʿah).
Problematika Perkawinan Dini dalam Sistem Hukum Keluarga Islam di Indonesia Nurmilasari; Kurniati; Musyfikah Ilyas
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/6t9pmr28

Abstract

The novelty of this study lies in its comprehensive analysis of early marriage practices within the Islamic family law system in Indonesia through the maqāṣid al-syarī‘ah approach. This research does not merely discuss the causal factors and impacts of early marriage, but also examines the gap between positive legal norms, social realities, and religious understanding within society. Unlike previous studies that generally focus only on social aspects or legal regulations, this study integrates the perspectives of Islamic law and positive law in assessing early marriage practices in a more contextual and multidimensional manner. Furthermore, this study offers a contextual reinterpretation of Islamic law through the maqāṣid al-syarī‘ah approach by emphasizing that maturity in marriage should not be measured solely from a biological perspective, but must also include psychological, social, educational, and economic readiness. This research also positions child protection, gender justice, and societal welfare as the primary objectives in addressing early marriage practices. Another novelty of this research lies in its proposal to strengthen the mechanism of marriage dispensation granted by judges through stricter approval requirements, including considerations of psychological readiness, health conditions, educational continuity, and the social circumstances of the child. In addition, this study emphasizes the importance of implementing legal sanctions against violations of the minimum marriage age regulation as a form of preventive child protection. Therefore, this research contributes not only theoretically to the development of Islamic family law, but also practically by offering solutions for controlling early marriage practices in Indonesia.
Co-Authors Abdul Rauf Muhammad Amin Fatmawati Kurniati Musyfikah Ilyas