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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 176 Documents
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Transformasi Epistimologi Hukum Islam Klasik: Rekostruksi Metodologis Untuk Yurisprudensi Kontemporer Arinalhaq, Muhammad Syauqi; Suadi Saad; Endang Saeful Anwar
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This study aims to examine the evolution of Islamic law in the classical period, analyze its sources and methods, and review the extent of its influence on contemporary jurisprudence. This research employs a qualitative method with historical, normative, and epistemological approaches. The findings indicate that the development of Islamic law in the classical era emerged from the interaction between sacred texts, rational reasoning, and socio-historical conditions. Various schools of thought that arose at that time demonstrated distinctive characteristics while maintaining adherence to the fundamental principles of law. The study further reveals that the concept of maqāṣid al-sharī‘ah had been employed by classical scholars to formulate laws that remained relevant to the needs of their society. The novelty of this research lies in the epistemological reconstruction of classical Islamic law, which is proposed as a new methodological framework for contemporary jurisprudence. It emphasizes that modern ijtihad does not merely replicate classical legal products but rather integrates maqāṣid principles and interdisciplinary approaches to address the complexities of social, economic, political, and cultural transformations. The theoretical implication of these findings is the need to reposition the epistemology of Islamic law from a purely textual-normative paradigm toward a contextual-adaptive paradigm that is more responsive to contemporary challenges. Thus, this study contributes to the development of modern Islamic law by offering a methodological framework that is critical, dynamic, and relevant to the demands of a global society.
Stagnasi dan Taqlid dalam Sejarah Tasyri’: Analisis Epistemologis atas Kemunduran Ijtihad pada Abad 4–19 H Muhammad Ashif Arifin; Nike Putri Ramadhani; Nurhidayah Lailaturrizky; Umar Al-Faruq
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

Tarikh Tasyri’ is a vital concept in Islamic studies, referring to the period of the implementation of Sharia law. This article explores the significance, historical context, philosophical underpinnings, and relevance of Tarikh Tasyri’. The study examines its evolution from the early days of Islam to contemporary times, highlighting its role in shaping Islamic legal frameworks and social structures. The article emphasizes the importance of understanding Tarikh Tasyri’ in addressing modern challenges and upholding Islamic values in a globalized world. Through library research, data from books, journals, and articles are analyzed. The findings demonstrate that Tarikh Tasyri’ is crucial for understanding Islamic law's development and its social impact. The study also reveals that stagnation during the periods of jumud and taqlid not only hindered legal practice but also restricted the development of adaptive ijtihad methodologies. This stagnation obstructed Islamic legal reform well into the modern era. Therefore, a deep understanding of the epistemological effects of jumud is essential for revitalizing contemporary Islamic law and ensuring its relevance in the face of globalization
Reformasi Hukum Keluarga Islam di Brunei Darussalam: Studi atas Kodifikasi dan Adaptasi Mazhab Syafi'i dalam Konteks Modern Septia Nabila; Siska Yani; Nazirah Sukma; Nurul Afifah; Jamilah; Al Aziz; Aulil Amri
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This article examines the reform of Islamic family law in Brunei Darussalam, emphasizing its statutory codification within a modern state framework while retaining Syafi’i orthodoxy. Using a qualitative library research method, it analyzes regulatory transformations in marriage registration, minimum marriage age, judicially-controlled polygamy, divorce procedures, and obligatory bequest (wasiat wajibah). The findings show that Brunei adopts a strong state-centric legal model—requiring formal registration and court approval for polygamy—making it more centralized than Indonesia but less secular than Malaysia, which permits broader judicial discretion. This model reflects a hybrid approach that preserves Syafi’i legal heritage while institutionalizing bureaucratic control to ensure legal certainty and social order.
Mahar Seperangkat Alat Shalat: Tradisi atau Simbol Komitmen Ketuhanan dan Tanggung Jawab Makin; Farkhani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

The tradition of giving a prayer set (seperangkat alat shalat) as a dowry has become a deeply embedded practice within Indonesian Muslim marriage culture. This study critically examines whether the prayer set functions merely as a cultural ritual or as a genuine symbol of divine commitment and spiritual responsibility. Employing a qualitative approach through in-depth interviews, participant observation, and document analysis conducted at the Office of Religious Affairs (KUA) in Musuk District, Boyolali, this study investigates the perceptions and religious practices of both givers and receivers of such dowries. The findings reveal a significant gap between the symbolic meaning of the dowry and its practical implementation in daily worship. While many perceive the dowry as a sacred token of faith, few translate this symbolism into consistent religious observance. This disconnect is influenced by socio-cultural environments, educational backgrounds, and the level of religious understanding among individuals. The study concludes that strengthening religious education and community engagement is crucial to transforming this tradition from a superficial ritual into a means of deepening spiritual consciousness within marital life. Consequently, the symbolic dowry of a prayer set should be viewed not only as a cultural inheritance but also as a catalyst for sustaining religious devotion and moral integrity in Muslim families.
Dampak Perceraian Terhadap Kondisi Psikologis Keluarga di Kecamatan Muara Dua Kota Lhokseumawe Fadila; Nazaruddin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This study examines the psychological impact of divorce on family members in Muara Dua District, Lhokseumawe City. Using a qualitative approach, data were collected through in-depth interviews, observations, and documentation involving divorced families in Meunasah Mesjid, Panggoi, and Uteunkot—villages with the highest divorce rates. The findings reveal that divorce generates severe psychological distress across family members. Former spouses experience stress, feelings of failure, and social instability, while children show symptoms of trauma, anxiety, and declining academic performance. Divorce thus emerges not merely as a legal act but as a systemic disruption of family emotional equilibrium. The study underscores the need for preventive interventions such as family counseling, social mediation, and the strengthening of religious and legal institutions to foster family resilience. By integrating psychological and Islamic legal perspectives within the Acehnese socio-cultural context, this research provides a distinctive theoretical contribution to Islamic family law and family psychology. It also offers practical recommendations for the Mahkamah Syar’iyah to develop more contextual and preventive frameworks for addressing the psychological consequences of divorce.
Ḥaḍānah Anak dalam Keluarga Fatherless di Muara Batu (Aceh Utara): Kajian Sosiologis-Yuridis Lizatul Amna
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This study aims to comprehensively examine the implementation of ḥaḍānah (child custody) in fatherless families in Muara Batu District, North Aceh Regency. The research focuses on identifying the underlying factors of fatherlessness, its psychological impacts on children and mothers, and its relevance to the principles of Islamic family law. The increasing number of children growing up without the presence of a father in the area reflects an imbalance in the post-divorce parental responsibilities, which has significant implications for the emotional and social well-being of children. This study employs a qualitative approach through in-depth interviews, field observations, and documentation with divorced mothers who hold custody rights, religious leaders, and local village officials across several villages in Muara Batu. The findings reveal that fatherlessness is primarily caused by economic constraints, emotional conflicts following divorce, the father’s remarriage, and low legal and religious awareness within the community. These conditions result in the absence of the father’s emotional and moral role model, while mothers experience heavy psychological and economic burdens as single caregivers. From the perspective of Islamic law, the practice of ḥaḍānah in this region has not yet fully reflected the principles of justice and shared responsibility as stipulated in the Compilation of Islamic Law (KHI). This study makes a unique contribution by integrating Islamic legal analysis with socio-psychological perspectives to understand fatherlessness within Aceh’s religious and cultural context. Therefore, the active involvement of religious institutions, legal counselors, and the Mahkamah Syar’iyah is essential to strengthen the implementation of ḥaḍānah that prioritizes the best interests of the child and ensures the father’s continued responsibility after divorce.
Maslahah Mursalah dalam Praktik Yudisial: Studi Kasus Putusan Hakim Pengadilan Agama Sungguminasa 2023-2024 Terkait Harta Bersama Pasca Perceraian Andi Syahru Ramadhan; Kurniati; Asni; Supardin; Rusdi Tahir
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This study aims to reveal a description of the 2023–2024 joint property division case at the Sungguminasa Religious Court, the basis for the judge's considerations in deciding the case, and the application of the maṣlaḥah mursalah principle in the decision-making process. The approach used is empirical juridical through documentation studies and interviews with judges. This type of research uses qualitative research, which is a data collection that is carried out objectively and analyzes data to improve and test a problem. This research was conducted at the Sungguminasa Religious Court Class I A. The results of the study show that the description of cases in 2023-2024 shows a downward trend compared to previous years. The basis for the judge's considerations considers not only the provisions of Law No. 1 of 1974, the Compilation of Islamic Law, and the Civil Code, but also aspects of the contribution of each party in obtaining property during the marriage. Applying the perspective of maṣlaḥah mursalah, the judge's decision is directed at efforts to protect parties who are more vulnerable economically and socially, to avoid harm, and achieve proportional justice.
Efektifitas Bimbingan Pra Nikah dan Tingkat Perceraian di Kota Lhokseumawe Siti Hanifa
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This study aims to explore and analyze the effectiveness of premarital counseling at four Religious Affairs Offices (KUA) in Lhokseumawe City, Blang Mangat, Muara Satu, Banda Sakti, and Muara Dua, and its relevance to divorce rates in each area. Although premarital counseling is designed as a preventive effort to equip future spouses with the skills to build harmonious families, divorce rates remain high, raising questions about the program’s substantive effectiveness. Using an empirical legal approach with descriptive qualitative methods, data were collected through interviews, documentation, and marriage-divorce records from 2023–2024. The findings reveal that despite formal compliance with regulations, the program remains ineffective due to limited session time, superficial material, and the absence of continuous evaluation and post-marital guidance. Notably, digital innovations such as the use of online platforms at Muara Dua KUA have not yielded a measurable reduction in divorce rates, highlighting a gap between administrative innovation and substantive behavioral outcomes. The novelty of this research lies in revealing that technological integration alone does not enhance program effectiveness without psychological, communicative, and evaluative reinforcement mechanisms. The study recommends strengthening facilitator training, implementing long-term evaluation systems, and fostering cross-sectoral collaboration to transform premarital counseling from a procedural requirement into a substantive preventive instrument for family resilience.
Evaluasi Praktik Pinjaman Online melalui Pendekatan Maqasid al-Syari’ah dalam Perspektif Hukum Islam Sara Mutammima Rohmati; Fathudin; Fitrotul Khasanah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

The phenomenon of online lending (pinjol) has rapidly expanded as a quick financing solution but often involves high-interest rates, late penalties, and unethical collection practices. This study aims to evaluate online lending using the Maqasid al-Shariah approach within the framework of Islamic law, focusing on the protection of religion (hifzh al-din), life (hifzh al-nafs), intellect (hifzh al-‘aql), lineage (hifzh al-nasl), and property (hifzh al-mal). Employing a normative-qualitative method through the analysis of DSN-MUI fatwas, OJK regulations, and empirical data from social cases of borrowers in Indonesia, the study reveals that conventional online lending practices generate widespread mafsadah (harm). Documented cases include mental distress leading to suicide, family breakdowns due to debt pressure, and property loss from excessive interest and penalties. These findings indicate that online lending contradicts all key objectives of Maqasid al-Shariah, producing more harm than benefit. Therefore, the study recommends developing Sharia-compliant lending models that emphasize transparency, fairness, and mutual assistance to promote social justice and economic well-being.
Tanggung Jawab Perawat Terhadap Malpraktik Aka Romli, Ridho'i
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

Nurses, as an integral part of the healthcare workforce, have an important responsibility in providing safe, high-quality, and ethical nursing care. However, in practice, it is not uncommon for nurses to commit negligence or errors that lead to malpractice, causing harm to patients and resulting in legal liability. The background of this study is the increasing number of cases of nurse negligence in healthcare services and the ongoing ambiguity regarding the scope of nurses' responsibilities in medical practice, particularly when performing duties delegated by nurses. This study aims to analyze the form of nurses' responsibility for malpractice incidents in healthcare services and to identify barriers and solutions in the implementation of such responsibilities. The method used in this study is normative legal analysis, along with a court decision study (Decision No. 75/Pid.Sus/2019/PN.Mbo) examining the criminal liability of nurses for medical actions resulting in patient death. Data was obtained through literature review and interviews with healthcare workers and legal officials at Waru Pamekasan General Hospital. The results of the study indicate that nurses' liability in cases of malpractice can include administrative, ethical, and even criminal liability, depending on the type of error committed and the legal consequences incurred. The obstacles faced include nurses' low level of legal understanding, unclear boundaries of authority, excessive workloads, and a lack of legal protection. Proposed solutions include strengthening professional regulations, enhancing legal and ethical training, and implementing transparent reporting and oversight systems. This study underscores the importance of legal protection for nurses while ensuring patient safety in healthcare services.

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