Al-Istinbath: Jurnal Hukum Islam
Vol 11 No 1 (2026)

English English

Afwan Faizin (Universitas Islam Negeri Syarif Hidayatullah Jakarta)
Khamami Zada (Universitas Islam Negeri Syarif Hidayatullah Jakarta)



Article Info

Publish Date
30 May 2026

Abstract

This article examines the radical transformation of the Saudi Arabian legal system under Vision 2030, marking a fundamental shift from the supremacy of traditional judicial interpretation to the codification of state positive law. The analysis focuses on Crown Prince Mohammed bin Salman’s (MBS) epistemological maneuver to limit the authority of "Ahad Hadith" (single-narrator reports) in the public sphere, mandating that state law rely exclusively on the Qur'an and Mutawatir Hadith. Using a juridical-normative approach and critical discourse analysis, this study tests the consistency of this doctrine within recent legislative packages, specifically the Personal Status Law, the Civil Transactions Law, and Evidence Law. The study covers a methodological inconsistency that the state rejects Ahad Hadith in economic matters to ensure investment certainty but retains them in socio-familial issues to maintain patriarchal stability. Consequently, this article concludes that Saudi legal reform is not a pure theological purification but a "pragmatic legal hybridity" which epistemologically lacks a strong academic basis. The claim of relying solely on Mutawatir Hadith serves as a discursive strategy for the "nationalization of Sharia," effectively reducing the role of clerics and judges from autonomous interpreters of divine law to bureaucratic executors of state statutes, serving political stability and global economic interests.

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Journal Info

Abbrev

alistinbath

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Al-Istinbath : Jurnal Hukum Islam, is an academic journal focuses on Islamic Law studies and aimed to accommodate and socialize innovative and creative ideas from researchers, academics, and practitioners who care in the field of Islamic Law. The focus of this journal is an effort to load scientific ...