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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 5 Documents
 1 
Search results for , issue "vol. 1 no. 2 (2025)" : 5 Documents clear
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.
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.
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.
From Sale to Agency: Reconceptualizing Informal Tobacco Contracts in Islamic Commercial Jurisprudence Shofil Widad; Suliyanto Suliyanto
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.v1i2.1323

Abstract

This study aims to analyze bulk tobacco trading practices from the perspective of fiqh muamalah and maqasid al-shariah. Tobacco trading is a primary source of livelihood for rural farmers, yet the system is largely controlled by middlemen who dominate price determination and weighing. This condition raises concerns regarding transparency, bargaining inequality, and compliance with Islamic commercial ethics. This research employs a qualitative empirical approach. Data were collected through observation and semi-structured interviews with farmers and intermediaries and analyzed using the Miles and Huberman interactive model supported by classical and contemporary fiqh literature. The findings reveal that tobacco transactions rely on informal verbal agreements supported by long-term social trust, while intermediaries largely control price determination and quality assessment through subjective evaluation. Unilateral weight deductions and delayed price disclosure create potential elements of gharar and weaken mutual consent. Two transaction models were identified: one with prior price agreement fulfilling the requirements of bay‘, and another with delayed price determination that may be reinterpreted as wakalah bil ujrah if compensation mechanisms are transparent. This study contributes to strengthening the application of maqasid al-shariah in rural market analysis and recommends transparent pricing, standardized weighing systems, and clearer contractual structures.
A Digital Transformation Framework for Pesantren: Integrating Technology and Sharia Principles in Startup Development Mufidatul Islamiyah
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.v1i2.1354

Abstract

This study examines how Islamic boarding schools implement digital transformation to develop Sharia-compliant startup ecosystems that promote institutional economic independence. The research is significant as pesantren in Indonesia face increasing demands to remain economically sustainable while preserving religious identity in the digital era. Using a qualitative case study approach, the study focuses on Pesantren and its business units. Data were collected through in-depth interviews, observations, and document analysis, and analyzed using thematic coding. The findings reveal three major outcomes: a phased digital transformation model that integrates religious authority with professional governance; the embedding of Sharia principles within digital financial and operational systems; and the development of an ecosystem-based economic structure that strengthens institutional self-reliance. The study concludes that digital transformation in pesantren can function as a culturally anchored modernization strategy that enhances transparency, scalability, and sustainability without compromising doctrinal values. It recommends that Islamic educational institutions adopt phased, Sharia-embedded digital strategies and strengthen ecosystem-based entrepreneurship to achieve long-term economic resilience.

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