USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 3 (2026): July

ANALISIS METODOLOGIS PERAN KAIDAH FIQIH DALAM INTERPRETASI HADIS AHKAM DAN IMPLIKASINYA TERHADAP HUKUM KELUARGA ISLAM

Mohamad Sar'an (UIN Sunan Gunung Djati Bandung)
Sahril Sidik (UIN Sunan Gunung Djati Bandung)



Article Info

Publish Date
02 Jul 2026

Abstract

Hadith Ahkam (legal hadiths) are the second primary source in Islamic law, particularly in the field of Family Law (Ahwal Syakhsiyyah). However, understanding Hadith Ahkam cannot always be done literally, given the diversity of wording, context (asbab al-wurud), and potential ta'arudh (contradictions) between arguments. Fiqh principles (Al-Qawa'id al-Fiqhiyyah), as general principles derived from the Qur'an and Sunnah, serve as a crucial methodological tool (manhaj) in the process of istinbath (derivation) and interpretation of law. This study aims to analyse the function and role of Fiqh Principles in understanding Hadith Ahkam and their implications for the establishment of contemporary Islamic Family Law. Using qualitative research methods through library research and the usul fiqh approach, this study found that Fiqh Rules such as Al-Masyaqqah Tajlib at-Taysir (Difficulty brings ease), Ad -Dhararu Yuzal (harm must be eliminated), and Al-'Adah Muhakkamah (customs can become law) function as instruments of tarjih (strengthening one argument over another), takhsis (specifying a general argument), and contextualisation. Its implementation in family law is evident in issues such as marriage guardianship (wali 'adhal), divorce rights, alimony, and child custody (hadhanah), where the application of these principles allows Islamic law to remain relevant, adaptive, and oriented towards public interest (maqasid al-syari'ah

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...