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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 20 Documents
 1   2 
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.
Women on the Move: A Comparative Analysis of Salaf and Contemporary Ulama on Solo Female Travel in Islam Shofwil Widad; Zainuddin Sunarto; Syamilah Muslimah Awaluddin
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.v2i1.1324

Abstract

This study aims to examine the views of Salafi and contemporary scholars on the law of women traveling without a mahram in the context of modern travel. The background of this research highlights the tension between classical interpretations that prohibit women from traveling without a mahram and the growing demand for female participation in the global public sphere. The research employs a qualitative approach, using library research and normative and comparative methods to analyse classical and contemporary fiqh texts. The main findings reveal that the differing views between Salafi and contemporary scholars regarding women’s travel without a mahram stem from differences in identifying the ‘illah (legal cause) of the prohibition, with some scholars emphasizing physical protection, while others focus on social safety. While most Salafi scholars view the mahram as mandatory, contemporary scholars argue that modern security systems can replace the mahram’s role. This study contributes by offering a moderate legal synthesis that integrates maqashid al-Shariah with contemporary social realities. It recommends a paradigm shift in understanding the role of mahrams and the collective security system in supporting women’s mobility.
Between Procreation and Poverty Alleviation: Re-evaluating Shafi'i Jurisprudence on State-Mandated Vasectomy Imam Thobroni; Suliyanto
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.v2i1.1326

Abstract

This study aims to examine the legality of vasectomy as a prerequisite for receiving social assistance from the perspective of Shafi’i jurisprudence. The emergence of vasectomy requirements in welfare policies has generated debate in Muslim societies because it intersects with issues of reproductive rights, bodily autonomy, and religious ethics. Such policies raise questions about whether state efforts to control population growth and poverty align with the principles and objectives of Islamic law. This research employs a qualitative, normative approach, drawing on library research methods. Classical and contemporary Shafi’i jurisprudential texts are analysed through the framework of maqaṣid al-Shari’ah and Islamic legal maxims. The findings show that vasectomy is generally categorized as impermissible because it permanently eliminates reproductive capacity and contradicts the principle of ḥifẓ al-naṣl. Economic hardship and administrative interests cannot be classified as darurah that would justify permanent sterilization. Conditioning social assistance on vasectomy potentially creates structural coercion for economically vulnerable communities. This policy may therefore produce tensions between welfare objectives and Islamic legal principles. This study contributes to the discourse on Islamic public policy and recommends interdisciplinary research integrating fiqh, socio-legal analysis, and public policy studies.
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.
A Comprehensive Study of Islamic Law Regarding Sex Change and Enhancement Surgery Qurrota A'yun; Asma’ Adniyyah Binti Che Ismail
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.v2i1.1440

Abstract

Advancements in medical technology have intensified debates within Islamic law regarding sex reassignment and enhancement surgery. This study aims to systematically examine how Islamic jurisprudence classifies elective sex reassignment and corrective intersex surgery, including their legal consequences for lineage, marriage, inheritance, guardianship, and religious obligations. Employing a normative legal research design with a qualitative doctrinal approach, the study analyzes classical fiqh texts, contemporary juristic opinions, institutional fatwas, and maqaṣid al-shari‘ah principles through structured data condensation and comparative verification. The findings reveal that elective sex reassignment for anatomically normal individuals is consistently deemed impermissible based on the doctrine of taghyir khalqillah. In contrast, corrective surgery for intersex individuals is conditionally permissible when supported by verified medical necessity. The study’s novelty lies in constructing an integrative analytical framework linking scriptural evidence, juristic methodology, and family law implications. These findings provide structured guidance for scholars, policymakers, and medical practitioners in addressing gender-related medical interventions within Islamic law.
Negotiating Religious Authority: Digital Da’wah and the Transformation of Islamic Law Interpretation Among Generation Z Rahajeng Mar’atus Sholehah; Yustinina Rachelia Hariani; Qisthi Efridita
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 2 No. 2 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v2i2.987

Abstract

The purpose of this research is to understand the impact of digital da'wah on the understanding and acceptance of Islamic law among Generation Z. The background of this research is the major shift in how religion is conveyed through digital platforms, leading to a shift in authority to non-institutional figures such as social media influencers. In addition, the younger generation is more exposed to diverse views of Islamic law without a central authority. This study uses a qualitative, dual-case study design, collecting data through in-depth interviews and participatory observation of social media activities. The research findings show that platforms such as YouTube, TikTok, and Instagram have become the primary channels for proselytizing among Generation Z, who prefer flexible, interactive, and accessible content. However, the diversity and conflict of views on Islamic law in the digital world create confusion about halal and haram. This research also highlights the need for standardization and supervision in digital da'wah to maintain the consistency of Islamic teachings. This research's contribution offers insights into the changing nature of religious authority in the digital age, as well as recommendations for religious institutions to use social media more effectively and provide authentic guidance.
The Shadow of Legality: A Critical Analysis of Unregistered Marriages (Nikah siri) in Islamic Jurisprudence Sifa Salsabila; Nikmatur Rohmah
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 2 No. 2 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v2i2.993

Abstract

This study aims to examine the legal and social implications of nikah siri (unregistered marriages) in Indonesia, particularly regarding the protection of civil rights for women and children. The practice of nikah siri creates a conflict between Islamic law, which considers it valid, and state law, which does not recognise it, resulting in significant social and legal consequences. This qualitative research uses descriptive-analytical methods, including in-depth interviews, field observations, and documentation, and focuses on couples, religious leaders, and KUA officers. The study identifies three main findings: the separation between religious law and state law, with civil rights unprotected; economic and administrative barriers that drive individuals to choose nikah siri despite its legal risks; and the legal and social vulnerabilities of women and children born from nikah siri marriages. The research contributes to the field by integrating Islamic ethics, state law, and maqashid al-syari’ah to propose a more inclusive and ethical legal framework. It recommends reforms to reduce bureaucratic barriers and to promote the legal recognition of nikah siri marriages, safeguarding the rights of all parties involved.
Between Revelation and Reality: Reforming Islamic Law Amidst Global Challenges Annisa Nathania Wahyu Shabila; Aulliya Tasya Putri; Ola Fedda Mona Denona
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 2 No. 2 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v2i2.997

Abstract

This study aims to explore how Islamic law can adapt to contemporary global challenges while maintaining its foundational principles. The rapid advancements in technology, digital economies, and evolving social dynamics pose significant challenges to traditional Islamic jurisprudence, which often lacks the tools to address these modern concerns. By utilizing a qualitative-contextual design with a normative-philosophical approach, this research critically examines classical fiqh texts and engages with contemporary legal, social, and ethical issues. The findings reveal that Islamic law must be developed contextually through ijtihad, with a focus on the maqashid al-shariah. That usul al-fiqh must be renewed to address modern challenges. Additionally, Islamic institutions are increasingly revising curricula and issuing research-based fatwas to address issues such as fintech, gender rights, and bioethics. The integration of rational, scientific, and social considerations within the legal process highlights the importance of aligning Islamic law with modern realities. This study contributes by providing a comprehensive methodology for interpreting Islamic law in light of contemporary challenges and offers practical recommendations for future legal reforms. Future research should explore other global issues, such as AI, environmental law, and the globalization of Islamic law.
A critical Examination of Ball Thrift Trade in Islamic Law: A Sadd ad-Dzari'ah-Based Assessment of Used Garment Imports Nadiyah Rofika; Suliyanto Suliyanto; Zulfa Rasyidah
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 2 No. 2 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v2i2.1321

Abstract

This study aims to critically examine the legal and socio-economic implications of ball thrift trade in Indonesia using the principle of Sadd ad-Dzari’ah in Islamic law. The rapid growth of second-hand clothing imports has raised concerns regarding transparency, public health, and the protection of domestic industries. Many transactions occur with minimal regulatory oversight, exposing consumers and society to potential harm while benefiting low-income households economically. This research employs a normative legal research design with a qualitative approach, analyzing Islamic jurisprudence, scholarly literature, fatwas, and relevant regulations to evaluate the permissibility and consequences of ball thrift trade. The findings indicate that Sadd ad-Dzari’ah provides a preventive framework to block transactions that may lead to harm, emphasizing the need for regulatory caution; the inherent gharar in opaque bales can mislead consumers and increase health risks, including microbial contamination and chemical exposure; and illegal imports result in significant state revenue losses and negatively affect domestic textile industries, contributing to unemployment and decreased GDP. This study contributes to Islamic commercial law and public policy by integrating normative fiqh principles with practical considerations, recommending stricter transparency requirements, hygiene standards, and enforcement.
Reevaluating Divorce Rejection in Indonesia's Religious Courts: Integrating maqashid syariah and Human Rights Perspectives Lina Nur Anisa
Al-Fiqh: Journal of Contemporary Islamic Law Vol. 2 No. 2 (2026)
Publisher : Al-Qalam Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61987/fiqh.v2i2.1791

Abstract

The phenomenon of the rejection of divorce petitions by Religious Court judges for lawsuits filed by husbands against their wives has sparked significant discourse within the Islamic family law system in Indonesia. Such rejections are influenced not only by formal legal rules but also by considerations of maqashid syariah and human rights principles, particularly in the effort to safeguard family welfare and protect women's rights. This article aims to provide a juridical analysis of the practice of rejecting divorce petitions by Religious Court judges from the perspectives of maqashid syariah and human rights, and to formulate a model for reformulating family law policy that is both responsive and just. This study employs a literature research approach by reviewing primary legal sources, court decisions, and recent relevant journal articles and books. The findings reveal that the rejection of divorce petitions by judges is based on discretionary authority regulated under national legislation and the Compilation of Islamic Law, to maintain mashlahah, prevent harm, and strengthen the protection of women's and children's rights. Further findings emphasise the need for policy reform in family law by integrating maqashid syariah with human rights principles, whether through regulatory reform, judicial training, or strengthening advocacy and protection mechanisms for vulnerable parties. The article concludes that the synergy between maqashid syariah and human rights is a crucial foundation for realising an inclusive, adaptive, and just Islamic family law system in Indonesia.

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