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Al-Fiqh: Journal of Contemporary Islamic Law
Published by Al-Qalam Institute
ISSN : 30905923     EISSN : 30905915     DOI : https://doi.org/10.61987/fiqh
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
AlFiqh Journal of Contemporary Islamic Law focuses on interdisciplinary studies of Islamic law in the context of modern issues and challenges. The journal covers a wide range of topics, including the application of Sharia law in various legal systems, the evolution of fiqh, Islamic law and human rights, and the interaction between Islamic legal principles and contemporary social issues. The journal aims to provide a platform for critical discussion on how Islamic law adapts to the complexities of the modern world by discussing topics such as family law, criminal justice, economic transactions, and constitutional issues within the framework of Islamic law. The journal seeks to publish high quality, peer reviewed articles that contribute to the development of Islamic legal science. The journal encourages research that bridges Islamic law theoretical and practical aspects. The journal welcomes a variety of methodological approaches, including doctrinal studies, comparative legal analysis, and empirical research, as well as contributions that explore the intersections between Islamic law and international law, politics, and social justice.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 15 Documents
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The Existence of Cryptocurrency from the Perspective of Islamic Fiqh: A Legal Analysis of the Buying and Selling of Digital Assets Ahmad Rehan
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 1 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i1.802

Abstract

This study aims to analyse the legal status and permissibility of crypto asset trading from the perspective of muamalah jurisprudence, in light of the growing practice of blockchain-based digital transactions within Muslim communities. The research addresses legal questions related to the use of crypto assets as a medium of exchange or trade commodity under Islamic law. Utilising a qualitative approach through library research, the study examines the views of classical and contemporary scholars, as well as official fatwas on digital assets. The findings suggest that the legality of crypto asset trading remains subject to ijtihad (independent legal reasoning), with considerations based on factors such as benefits, system security, and contract transparency. Some scholars prohibit crypto trading due to concerns over gharar (ambiguity) and excessive speculation. In contrast, others permit it on the condition that crypto assets function as commodities rather than currency, and adhere to sharia principles, including clarity of the object, proper contractual elements, and compliance with contract requirements. The implications of this research emphasise the need for sharia-compliant regulations and education to guide the Muslim community in making informed decisions when investing and trading digital assets in line with Islamic muamalah principles.
Bridging Tradition and Modernity: Al-Syāṭibī’s Maqāṣid al-Sharī‘ah as a Framework for Contemporary Islamic Jurisprudence Zainuddin Sunarto
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 1 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i1.803

Abstract

This study examines the concept of Maqāṣid al-Sharī‘ah as understood by al-Syāṭibī and its relevance to the development of contemporary Islamic law. Al-Syāṭibī, a key figure in the development of maqāṣid theory, introduced a systematic approach through his seminal work al-Muwāfaqāt. Using a qualitative method with a library research approach, this study analyses both primary and secondary sources, including the works of al-Syāṭibī and reviews from contemporary Islamic legal scholars. The findings reveal that al-Syāṭibī categorises maqāṣid into three levels: ḍarūriyyāt (essential), ḥājiyyāt (complementary), and taḥsīniyyāt (enhancing), focusing on the protection of five fundamental values: religion, life, intellect, lineage, and property. Al-Syāṭibī’s maqāṣid approach not only provides normative guidance but is also responsive to social dynamics. The implications of this study suggest that a deep understanding of maqāṣid can serve as a methodological foundation for formulating Islamic laws that are both contextual and solution-oriented, addressing the issues of modern society.
Early Marriage from the Perspective of Jurisprudence and Adolescent Psychology Ririn Yulis
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 1 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i1.804

Abstract

This study aims to examine the phenomenon of early marriage from two main perspectives: Islamic jurisprudence and adolescent psychology. In Islamic jurisprudence, early marriage is often justified as long as it meets the requirements and pillars, but, psychologically, adolescence is considered a transitional period that is not yet emotionally or cognitively stable. This study uses a qualitative approach, drawing on literature on classical and contemporary Islamic jurisprudence and adolescent developmental psychology. The results of the study indicate that although Islamic jurisprudence does not explicitly prohibit early marriage, there are principles of maslahah (benefit) that require mental, emotional, and economic readiness before marriage. From a psychological perspective, marriage at a young age poses a risk to relationship stability due to immature communication skills, conflict resolution, and emotional control. The implications of this study emphasize the importance of an integrative approach to addressing early marriage, namely by considering both Islamic law and adolescent psychological readiness simultaneously. These findings can serve as a reference for educators, parents, and policymakers in providing more holistic, context-specific marriage education.
Islamic Law Analysis of the Practice of I’anah ‘ala al-ma’shiyah in Shuttle Rental Services Zainul Anwar
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 1 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i1.805

Abstract

This study aims to analyze the practice of I’anah ‘ala al-ma’shiyah (assisting in sinful acts) in shuttle rental services in Kuta District, Bali, from an Islamic law perspective. This phenomenon arises because some service providers are indirectly involved in activities that are contrary to sharia, such as taking tourists to nightclubs or locations that are synonymous with sin. This study uses a qualitative approach, including fieldwork and in-depth interviews with service providers, religious figures, and service users. The results of the study indicate that most service providers are aware of their potential involvement in the practice of I’anah ‘ala al-ma’shiyah, but still do it for economic reasons and work demands. From an Islamic law perspective, such involvement is included in the category of ta’āwun ‘ala al-ithm, which is prohibited. However, there are different views regarding the level of legal responsibility of service providers. The implications of this study emphasize the importance of Sharia education for service business actors and the need for alternative businesses that align more closely with Islamic principles, especially in tourist areas with high potential for sin.
E-Commerce Coins in Shopee: The Perspective of Madzahibul Arba’ah on Halalness and Digital Economic Practices Unzilah Khomairoh
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 1 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i1.806

Abstract

This study examines the permissibility of using Shopee coins in the Shopee application from the perspective of the four major Islamic schools of thought (Madhahibul Arba'ah) and its implications for digital economic practices. Shopee coins are a non-cash incentive that can be used to receive discounts on future transactions. The research employs a qualitative-descriptive approach, utilising literature studies and comparative fiqh analysis from the Hanafi, Maliki, Syafi’i, and Hanbali schools. The study finds that, in general, the use of Shopee coins does not violate the basic principles of muamalah, provided it does not involve usury (riba), uncertainty (gharar), or gambling (maisir). Since the coins function solely as discounts and cannot be converted into cash, they are classified as grants or sharia bonuses. All four schools of thought agree that bonuses for buying and selling are permitted, provided there is no fraud or ambiguity in the contract. This research underscores the need to adapt fiqh law to modern digital innovations and highlights the importance of digital economic fiqh education. By understanding the legal status of digital incentives like Shopee coins, the public can better navigate online transactions and avoid misunderstandings regarding new economic systems.
Digitalizing Fatwas: A Jurisprudential Analysis of Muslim Social Interactions in Virtual Spaces Soviatul Awaliah; Fati Rahma Rahim; Muhammad Husain
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 2 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i2.989

Abstract

This research aims to examine the application of fiqh in online Muslim communities and to identify how social interaction and religious practices in digital spaces are regulated within the framework of Islamic law. This research focuses on the rapid growth of the Muslim community online, raising challenges for the legitimacy of worship and communication ethics. This study uses a qualitative case study design integrating netnography, in-depth interviews, and document analysis to collect data from digital platforms such as WhatsApp, YouTube, Instagram, and TikTok. The main findings of this study are, first, the deconcentration of religious authorities through digital algorithms that form virtual fatwas; Second, the recontextualization of manners and muamalah that change social ethics from oral communication to digital; and third, rituals that are increasingly fluid in cyberspace, prioritizing the alignment of intentions over physical proximity. The contribution of this research is to provide a contemporary framework of fiqh relevant to the Muslim community in the digital space, as well as recommendations to improve digital literacy among religious institutions. This research proposes that religious authorities understand the role of technology in shaping virtual religious practices.
The Division of Madzhab and the Importance of the Role of Usul Fiqh in Uniting Differences Cantika Dwi Brilliant Putri; Zyl Karimah
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 2 No. 1 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v2i1.995

Abstract

This study aims to explore the role of Ushul Fiqh in uniting Islamic schools of thought (mazhab) and resolving sectarian divisions. Sectarian fragmentation among Muslim communities has led to social tensions and conflicts, hindering unity and progress. Despite the importance of Ushul Fiqh in Islamic jurisprudence, its practical application to promote inter-sectarian dialogue and social harmony remains underexplored. Using a library research methodology, this study reviews scholarly documents, fatwas, and empirical studies to understand the theoretical and practical implications of Ushul Fiqh. The findings reveal that Ushul Fiqh can serve as a critical tool for addressing sectarian differences by offering a flexible legal framework for resolving conflicts. However, there is a gap between academic discourse and grassroots application, with limited public engagement and understanding of Ushul Fiqh. Additionally, the frequency and level of participation in Ushul Fiqh discussions are positively correlated with greater community harmony. The study contributes to the existing body of knowledge on Islamic legal traditions and recommends broader public education on Ushul Fiqh to enhance its role in reducing sectarian tensions. Future research should explore the practical implementation of Ushul Fiqh in diverse community contexts.
Beyond the Domestic Sphere: Navigating Shifting Gender Roles through the Lens of Islamic Jurisprudence Lukhi Nur Azizah; Shinta Octarina
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 2 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i2.996

Abstract

This study aims to evaluate the shifting domestic roles of women in Muslim families and the corresponding adaptive responses within Islamic jurisprudence. The background is marked by global socio-economic transformations that have propelled women into significant professional roles, creating tensions with traditional patriarchal interpretations of family law. Employing a qualitative-descriptive approach via library research, this study synthesizes classical and contemporary Islamic texts. The methodology integrates normative-juridical and socio-legal frameworks to bridge the gap between sacred texts and social change. Findings demonstrate a fundamental transition toward a collaborative family model in which authority is an achieved status based on contribution rather than on ascribed gender. Jurisprudentially, this shift is facilitated by reinterpreting Qiwamah as a functional, maintenance-based responsibility. Furthermore, Maqasid al-Shari’ah and Ijtihad provide robust teleological justifications for women’s dual roles. However, a significant "legal gap" persists due to literalist hermeneutics and patriarchal norms. The study concludes that a gender-aware hermeneutic is essential to harmonize Sharia with modern justice. This research contributes a constructive synthesis for contextualizing Islamic family law and recommends a principle-oriented approach to ensure legal relevance in the 21st century.
Digital Anxiety and the Search for Meaning: Integrating Fiqh Principles as a Coping Mechanism for Gen Z’s FoMO Ilma Ainun Nazila; Siti Nur Ramadhania
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 2 No. 1 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v2i1.999

Abstract

This study aims to explore the influence of Fear of Missing Out (FoMO) on the search for meaning in life and spirituality among Generation Z, as well as its relationship with anxiety and depression levels. Generation Z is known for its high level of digital connectivity, but it also faces significant challenges to its mental and spiritual well-being. This study uses a phenomenological approach and in-depth interviews to explore participants’ subjective experiences. The findings suggest that FoMO is closely related to anxiety, depression, and emotional dissatisfaction arising from excessive social media consumption. Additionally, many Gen Z individuals seek spiritual fulfillment through non-institutional practices such as mindfulness and meditation rather than traditional religious practices. These practices are often considered to be more effective in coping with emotional distress compared to prayer or religious rituals. This research contributes to understanding how Generation Z balances the digital world and their spiritual needs. It is recommended that scholars and policymakers integrate secular practices with Islamic spiritual principles, such as the concept of Fiqh (Islamic jurisprudence), to support the psychological and spiritual well-being of Gen Z. Islamic teachings emphasize balance, discipline, and mindfulness, which can provide a comprehensive framework for addressing the mental and spiritual challenges faced by young people today. The potential role of Fiqh in guiding Gen Z’s spiritual practices offers a balanced approach, combining modern coping strategies with traditional religious wisdom to foster resilience and mental well-being.
Islamic Legal Perspectives on the Protection of Unborn Children from Unmarried Mothers: An Analysis of Maslahah Mursalah Muzayyanah Khaliq
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 1 No. 2 (2025)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v1i2.1318

Abstract

The increasing complexity of non-marital pregnancy raises urgent legal and ethical questions regarding the protection of unborn children within Islamic law. This study aims to analyze Islamic legal perspectives on safeguarding unborn children from unmarried mothers through the framework of maslahah mursalah. Employing a qualitative, normative-juridical design and limited empirical inquiry, the research draws on classical and contemporary fiqh literature and semi-structured interviews with six experts in Islamic law, the judiciary, and child rights. The findings reveal that child protection from conception constitutes a daruriyyah interest under hifz al-nafs and hifz al-nasl, and that maslahat-based reasoning allows financial support, recognition of legal identity, and anti-discrimination measures without negating classical lineage doctrine. The study’s novelty lies in integrating maqasid theory with empirical insights to reformulate the discourse on child protection. It recommends contextual ijtihad and policy harmonization to ensure non-discriminatory legal safeguards consistent with Sharia objectives.

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