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El-Faqih : Jurnal Pemikiran dan Hukum Islam
Published by Institut Agama Islam Faqih Asy'ari Kediri
ISSN : 24433950     EISSN : 2503314X     DOI : https://doi.org/10.29062/faqih
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process. The journal is published twice a year in April and October. It is now a fully online journal, and it only accepts manuscript submissions written in Indonesia, English, and Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 22 Documents
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Search results for , issue "vol. 12 no. 1 (2026): el faqih" : 22 Documents clear
Integrasi Taʿabbudī dan Taʿaqqulī melalui Ḥīlah Syarʿiyyah dalam Ilmu Falak: Kontribusi pada Maqāṣid al-Sharīʿah Muchammad Azkal Huda; Inayah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2261

Abstract

Islamic astronomy (ilmu falak) as a multidisciplinary field in Islam integrates science, jurisprudence, and theology, particularly in time-based worship such as determining the beginning of the lunar month, qibla direction, and prayer times. This study examines the application of the concept of ḥīlah syarʿiyyah (Sharia-endorsed legal stratagem) in the dimensions of Islamic astronomy, focusing on three research questions: the concept and classification of hilah, scholars' views based on maqāṣid al-sharīʿah, and its implementation in determining the lunar month, qibla direction, and prayer times. Employing a library research method with a descriptive-analytical approach, data were collected from primary sources (classical fiqh books) and secondary sources (reputable journals 2021–2026) through documentary study, then analyzed using the Miles, Huberman, and Saldaña interactive model. The findings reveal that hilah is classified into masyruʿah (permissible) and mamnuʿah (prohibited) based on its objectives; scholars' views are divided into three positions (permissible with strict conditions, absolutely prohibited, and dependent on intention/context), all of which use maqāṣid as the main parameter; and the implementation of hilah in Islamic astronomy—through the use of hisab imkān al-rukyat (MABIMS criteria), modern technology for qibla correction (Google Earth, Qibla Tracker), and astronomical data for prayer times—constitutes a legitimate masyruʿah hilah because it aims to maintain certainty and perfection of worship. This study contributes to the development of an integrative taʿabbudī-taʿaqqulī framework and provides legitimacy for global Islamic calendar unification policies
Perkawinan Tidak Tercatat (Kawin Siri) dalam Perspektif Hukum Negara dan Fatwa Islam di Indonesia dan Mesir Mariatul Ulfah; Haidar Ali Mahmud Desky; M. Hasan Bisyri; Ali Trigiyatno
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2429

Abstract

Unregistered marriage, commonly referred to as siri marriage, is a form of marital union conducted without official registration by state authorities. This phenomenon occurs quite frequently and has generated both juridical and theological debates in various countries, including Indonesia and Egypt. This study aims to compare the approaches of positive law and religious fatwas toward the practice of unregistered marriage in these two countries. In Indonesia, siri marriage is generally considered valid by the majority of Islamic scholars as long as it fulfills the pillars and conditions prescribed in Islamic law. Nevertheless, such marriages are generally discouraged because they are not registered at the Office of Religious Affairs (Kantor Urusan Agama/KUA), and therefore lack formal legal recognition under state law. As a consequence, the state is unable to guarantee or adequately protect the legal rights arising from the marriage. Religious fatwas in Indonesia typically affirm the sharīʿah validity of such marriages while simultaneously emphasizing the importance of official registration to ensure public welfare (maṣlaḥah) and legal protection for the parties involved. Meanwhile, in Egypt, unregistered marriage is likewise regarded as valid from the perspective of Islamic law. However, the Egyptian legal system requires official registration for a marriage to obtain formal legal recognition and to safeguard the civil rights of the spouses. Religious scholars in Egypt tend to adopt a stricter stance by emphasizing the urgency of registration in order to prevent misuse of the institution of marriage and to uphold social justice.
Otoritas Imam Ma’shum dalam Epistemologi Hukum Syi'ah Imamiyah: Kritik atas Ijma' dan Penolakan Qiyas Sidanatul Janah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2452

Abstract

The debate regarding the position of Ijma' and Qiyas as sources of Islamic law is generally explained more from a Sunni perspective, so studies are still needed that confirm the basis for limiting Ijma' and rejecting Qiyas in Shi'ite Imami legal epistemology. This article was prepared through a literature study with descriptive-critical analysis of ushul fiqh literature and Islamic legal thought, especially those related to the legal construction of the Shi'ah Imamiyah school of law. The results of the study show that Ijma' in the Shi'ah Imamiyah school of thought does not have the status of an independent proposition, but only has the value of hujjah if it reveals or confirms the opinion of Imam Ma’shum. Meanwhile, Qiyas was firmly rejected because it was seen as not having the legitimacy of the text and had the potential to give rise to legal decisions that relied on conjecture. Instead, Shiite Imamiyah places reason ('aql) as one of the important instruments in legal istinbath, alongside the Qur'an, Sunnah, and Ijma' which are connected to the authority of Imam Ma’shum. This finding confirms that the differences between Sunni and Imami Shia in the use of legal sources are epistemological in nature and have a direct impact on the method of establishing Islamic law.
Dampak Prosedural Bank ASI terhadap Tatanan Kemahraman: Analisis Istinbath Hukum Islam di Era Modern Imam Maliki; Yustika Wardah Hayya
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2551

Abstract

This study aims to analyze the procedural impact of human milk banks on the legal certainty of breastfeeding kinship (radha‘ah) and to offer a sharia-compliant operational framework. The background problem is the emergence of modern milk banks that implement anonymity and milk pooling from multiple donors, potentially obscuring the identity of mahram relationships and threatening the validity of future marriages. This research employs a library research method with a qualitative approach. Data collection was conducted through systematic searches of journal articles (2021–2026), classical Islamic jurisprudence books from the four schools of thought, and regulatory documents (Government Regulation No. 28/2024, MUI Fatwa No. 28/2013).. The findings indicate that the main issue is not the absolute permissibility or prohibition of milk banks, but rather the absence of binding procedural standards, particularly in documenting donor identities, recording the number of feedings, and supervising sharia compliance. Current Indonesian regulation (GR No. 28/2024) recognizes milk donation but does not technically regulate the recording of mahram relationships, creating legal uncertainty. This study contributes by proposing the necessity of a national breastfeeding recording standard recognized by religious courts, and by encouraging integration between health and religious authorities. The policy implication is the need to revise GR No. 28/2024 by adding sanction clauses and mandatory donor-recipient identity recording mechanisms. Further research is recommended to conduct empirical studies in operating milk banks and to analyze jurisprudence on marriage annulment due to unrecognized breastfeeding kinship.
Analisis Hukum Islam terhadap Praktik Pinjaman Online Berbasis Bunga di Indonesia Abu Bakar; Halimatus Sa’diyah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2647

Abstract

The phenomenon of interest-based online loans in Indonesia has grown rapidly in line with the increasing use of financial technology (fintech). While such services provide quick access to financing, they often generate serious problems, including excessive interest rates, compounded penalties, and unethical debt collection practices that harm borrowers. From the perspective of Islamic law, these practices raise concern as they potentially involve prohibited elements. This study aims to analyze the practice of interest-based online loans in light of Islamic legal principles, particularly regarding the prohibition of riba, gharar, and dharar. This research employs a qualitative normative method using library research, referring to the Qur’an, Hadith, classical fiqh, fatwas of the Indonesian Ulema Council (MUI), and relevant financial regulations in Indonesia. The findings reveal that the interest charged in online lending is classified as riba, which is explicitly prohibited in the Qur’an and Hadith. Furthermore, the imposition of unclear additional fees reflects elements of gharar, while the harmful socio-economic impacts on vulnerable groups demonstrate dharar. Therefore, interest-based online loans are inconsistent with Islamic law. As an alternative, this study recommends the development of sharia-compliant fintech platforms based on legitimate contracts such as qardh hasan, murabahah, and wakalah, which ensure fairness, transparency, and alignment with the objectives of Islamic law (maqāṣid al-sharī‘ah).
Membangun Rumah Tangga Berbasis Moderasi Beragama: Strategi Pembinaan Calon Pengantin Jihan Al Layyinah; Sukron Ma’mun; Abdul Khamid
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2750

Abstract

This study aims to examine in-depth the strategy for fostering prospective brides and grooms based on religious moderation, implemented by the Sidomukti Religious Affairs Office (KUA), Salatiga City. The main focus of this study is to identify key elements in the fostering process, assess its effectiveness, and explore various obstacles and challenges that arise during its implementation. The approach used is qualitative, with data collection methods including in-depth interviews, direct field observations, and analysis of related documents. The collected data are then analyzed using content analysis techniques to gain a comprehensive understanding. This study will also outline the importance of fostering prospective brides and grooms before marriage, and examine the concept and urgency of religious moderation within the context of such fostering. In addition, the study will critically review the strategies implemented by the Sidomukti KUA, Salatiga City, in order to realize religious moderation, along with the resulting impacts. The effectiveness of the program in increasing awareness and understanding of religious diversity among prospective brides and grooms will be a primary focus. The results of this study can provide constructive recommendations for the Sidomukti KUA, Salatiga City, to improve and enhance the quality of pre-marital guidance. Furthermore, these findings can also serve as a source of inspiration for other local governments in designing and developing programs for prospective brides and grooms that are adaptive, inclusive, and aligned with the values ​​of religious moderation.
Kepatuhan Syariah dan Keadilan dalam Pembiayaan Kendaraan Berbasis Akad Murabahah pada Lembaga Pembiayaan Non-Bank Didi Suardi; Ajie Pangestu; Aisyah Defy R. Simatupang; Martavevi Azwar
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2770

Abstract

This study analyzes the implementation of the Murabahah contract at BFI Finance Syariah Bogor, a non-bank Islamic finance institution, focusing on Sharia compliance and transactional fairness. Using a qualitative-descriptive and normative-legal approach, data were collected through interviews, observations, and document analysis. Findings indicate that the institution complies with the principle of al-milk qabla al-bai‘ and avoids riba by engaging in genuine sales transactions. However, limitations were identified in profit-margin transparency, centralized Sharia Supervisory Board (DPS) oversight, and customers’ limited understanding of Sharia principles. The policy of interest-free delay penalties reflects the values of ta‘āwun (cooperation) and iḥsān (benevolence), aligning with maqāṣid al-sharī‘ah objectives in protecting wealth and ensuring social justice. The study highlights the need for transformation from formal to value-based Sharia compliance through pre-contract education, decentralized supervision, and stronger ethical governance in Islamic finance.
Problematika Penetapan Ṭayyib dalam Kosmetik Halal: Telaah Fiqh dan Epistemologi Hukum Islam Kontemporer Afifah Nabil Hasna Aisy
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2815

Abstract

The rapid growth of the halal cosmetics industry requires an assessment framework that goes beyond ingredient legality and incorporates the principle of ṭayyib, which emphasizes cleanliness, safety, and product benefit. The increasing complexity of modern cosmetic formulations, many of which contain synthetic compounds with potential health risks, reveals a gap between existing halal certification mechanisms and the normative demands of ṭayyib within Islamic jurisprudence. This study aims to clarify the conceptual construction of ṭayyib in fiqh, identify the epistemological challenges in evaluating contemporary cosmetic products, and propose an integrative model grounded in maqāṣid al-sharī‘ah and established legal maxims. This research employs a qualitative descriptive design through document analysis of fiqh literature, maqāṣid theory, legal maxims, and scientific studies related to cosmetic safety. The findings demonstrate that ṭayyib functions as a legal category requiring protection from harm, thereby necessitating an integration of halal verification with empirical assessment of ingredient risks. The complexity of modern cosmetics is not yet fully addressed by current halal certification standards. This study concludes that national halal regulations should incorporate safety parameters to ensure that halal cosmetics genuinely reflect ṭayyib values and provide optimal protection for Muslim consumers.
Ijtihad Hakim dalam Sengketa Ekonomi Syariah: Penemuan Hukum Hakim Atas Teks Hukum Bersifat Implisit Fithri Dzikrayah; Mustofa Hasan; Dudang Gojali
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2823

Abstract

The rapid development of Islamic economics in Indonesia presents complexities in dispute resolution in Religious Courts. Not all contemporary Islamic economic issues are explicitly regulated in legislation, requiring judges to perform ijtihad through legal discovery (rechtsvinding) of implicit legal texts. This research aims to analyze judges' ijtihad practices in resolving Islamic economic disputes when facing unclear or incomplete legal norms. The research method used is normative juridical with conceptual approaches, utilizing secondary data including legislation, court decisions, DSN-MUI fatwas, and legal literature. The results show that judges perform ijtihad through two main approaches: (1) interpretation of implicit legal texts in KHES and related regulations, extracting Islamic legal values from primary sources (Quran, Hadith) and secondary sources (qawaid fiqhiyyah, DSN-MUI fatwas); (2) legal construction through analogy and logical reasoning when legal vacuums occur. This judicial ijtihad practice demonstrates the dynamics of fiqh muamalah transformation into Indonesia's positive legal system. However, challenges exist including inconsistent decisions, regulatory limitations, and the need for harmonization of Islamic law within the national context. This research suggests the importance of strengthening Islamic economic judges' capacity and harmonization between Islamic law and national law.
Konsep Kepemimpinan Suami (Qiwāmah) dalam Hadis: Analisis Fikih Munakahat dan Keadilan Gender Ali Yusuf Muzaki; Amrulloh
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 1 (2026): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v12i1.2915

Abstract

The concept of qiwāmah the husbandʼs leadership responsibility over the family is a central issue in Islamic family law (fiqh munakahat) and gender studies. Textual interpretations of hadith related to qiwāmah frequently justify male dominance and female subordination, contradicting the principles of maqāṣid syarīʼah such as justice, mercy, and public welfare. This article reconstructs the understanding of qiwāmah through an interdisciplinary approach combining hadith studies, fiqh munakahat, and Islamic gender perspectives. Using a critical literature review with a thematic (mawḍūʼī) method, six key hadith from kutub al-sittah were analyzed and compared across four classical legal schools Ḥanafī, Mālikī, Syāfiʼī, and Ḥanbalī a comparative analysis rarely conducted simultaneously in a single study. Findings reveal three core dimensions of qiwāmah: (1) leadership responsibility (kullukum rāʼin), which establishes mutual accountability rather than unilateral authority; (2) economic obligation (nafaqah) as a moral and religious duty; and (3) ethical conduct (muʼāsharah bil-maʼrūf) as the normative basis for marital harmony. Unlike previous studies focused on patriarchal critique without constructive alternatives, this article proposes mubādalah (mutual reciprocity) as a methodological framework to reinterpret qiwāmah as an ethical mandate responsive to contemporary family challenges.

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