Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum
Vol. 11 No. 1 (2026): Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum

Institutionalizing Moderate Islamic Legal Reasoning: An Istinbāṭ Framework for Contemporary Islamic Law

Ainol Yaqin (Universitas Islam Negeri Madura)
Muhid Muhid (Universitas Islam Negeri Sunan Ampel Surabaya)
Saude Saude (Universitas Islam Negeri Datokarama Palu)
Muhammad Taufiq (Universitas Islam Negeri Madura)
Abdelmalek Aouich (Université Sidi Mohamed Ben Abdellah)



Article Info

Publish Date
18 Jun 2026

Abstract

Contemporary Islamic legal discourse is often shaped by tensions between rigid textualism and unrestricted contextualism, creating challenges for developing legal rulings that are both normatively grounded and socially responsive. Although religious moderation and istinbāṭ al-aḥkām have been studied before, there has been no discussion on how moderation can be incorporated into this process. The current study aims at studying istinbāṭ approach where moderation becomes part of the process of producing legal rulings. In order to address the research objectives, a qualitative case study design was employed. Data collection was conducted using semi-structured interviews with 12 participants, non-participant observations in 8 sessions of legal reasoning, and analysis of institutional documents and fatwa books. As results show, religious moderation is perceived as a process whereby the balance between texts, context, and objectives of Islamic law is achieved. Religious moderation is operationalized through two approaches: the first is Qawlī Intiqādī, which includes critical evaluation and selection of juristic opinions, while the other is Manhajī and includes derivation of the rulings from texts, principles, and objectives of Islamic law. Moreover, the results show that the involvement of multiple actors in collective reasoning, consulting with different specialists, and considering the public welfare are important for arriving at context-sensitive legal rulings.

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Journal Info

Abbrev

al-ahkam

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Ahkam: Jurnal Ilmu Syariah dan Hukum, e-ISSN: 2527-8150 p-ISSN: 2527-8169 is a double blind peer-reviewed journal published by Sharia Faculty, Universitas Islam Negeri Raden Mas Said Surakarta. This journal is published twice a year, June and December. Al-Ahkam: Jurnal Ilmu Syariah dan Hukum ...