التنفيذ الإداري، دراسة تحليلية تطبيقية في ضوء الفقه الإسلامي ونظام التنفيذ أمام ديوان المظالم ولائحته التنفيذية

When implemented, the systems of the International Criminal Court (ICC) and Islamic criminal jurisdiction have to ensure equality, justice and peace for humanity. Consequently, implementation of international or Islamic justice does not necessarily emphasise applying the power of law but rather, as well as possible, the power to achieve appropriate human rights principles, which can reach the heart of the international community as a whole. Giving priority to any concept of law, thus recognizing one concept over another, diminishes the value of international criminal justice and creates contradictions in the application of an impartial equal jurisdiction and basic philosophy of cultural attitudes. Therefore, when the ICC Statute was being drafted, there was a strong tendency to overlook the cultural context of law within the social structures of various nations. The chief purpose of this article is to look into the basic principles of the Statute and examine whether similar principles can also be found within Islamic criminal jurisprudence. The article indicates the ability of both systems to function together and increase the practical intensification of international criminal justice. The study also offers, in a homogenous manner, to expand the juridical relationship, seeking cooperation and accommodation between the two systems in order to modify, adapt, adjust or alter laws for the better understanding of justice and equality between nations around the world. Prevention of international crimes will not be achieved through Islamic or ICC jurisprudence, or through any other system of law, but solely by cultivating equal justice together with the spirit of love and mutual admiration. This is the only seed for the promulgation of the ethic of reciprocity or the celebration of the golden rule of humanity.

الفقه الکلي مفهومه - مصادره – إعماله دراسة فقهية مقاصدية فيصل أحمد اللميع. قسم الفقه وأصول الفقه، کلية الشريعة والدراسات الإسلامية، جامعة الکويت، کيفان، الکويت. البريد الالکتروني: Faisal.allumai@ku.edu.kw المخلص: يناقش هذا البحث مفهوم الفقه الکلي وإعماله؛ فإن الفقه الإسلامي يشتمل على جانب جزئي يتعلق بآحاد المسائل الفقهية، وعلى جانب کلي يتعلق بالقواعد والمعاني الکلية، والجانب الکلي من الفقه الإسلامي هو الهدف الذي تتولى هذه الدراسة تناوله من جهة مفهومه، ومصادره، وإجراءات إعماله، وأبرز مجالات إعماله مستخدما في ذلک المنهج الاستقرائي لأجل استقراء النصوص الشرعية وکلام أهل العلم في کليات الفقه الإسلامي، والمنهج التحليلي من خلال تحليل النصوص الشرعية وکلام أهل العلم في شأن کليات الفقه الإسلامي، ووضعه في سياقه المناسب. وقد مما توصلت إليه الدراسة بيان مفهوم الفقه الکلي، وأنه العلم بالثوابت الشرعية المعقولة المعنى، التي يبنى عليها ما لا حصر له من أحکام الجزئيات، کما تناولت أبرز مصادره، ومنهجية إعمال الفقه الکلي، وأبرز مجالات الإعمال. وکان مما توصلت إليه الدراسة أيضا: أن الفقه الکلي استعمله الفقهاء والأصوليون في سياقات مختلفة، وأنه الکفيل ببيان استراتيجيات الفقه الإسلامي، وما تريد الشريعة الحفاظ عليه واعتباره دائما، وأن تطبيق الفقه الکلي يسير على مقتضى منظومة تطبيقية متکاملة الأرکان، يتم فيها تحديد الثابت من المتغير في الأبواب الفقهية، والمقصود لذاته من المقصود لغيره، وعرف التشريع في الأبواب الفقهية المختلفة، کما يوضح القواعد والضوابط، والأصول العامة للفقه الإسلامي، ويراعي حاجات الناس، واختلاف الأحوال، ويفرق بين أوقات الضرورة وأوقات الاختيار، ويربط الجزئي بکليه. The Comprehensive Islamic Jurisprudence, its Definition, Sources, and Application An Islamic Jurisprudence Objective (Fiqh Maqāṣidia) Study Faisal Ahmad AlLumai Department of Fiqh and Jurisprudence, Faculty of Shariah and Islamic Studies, Kuwait University, Kifan, Kuwait. Faisal.allumai@ku.edu.kw Email: Abstract: This paper discusses the concept of comprehensive Islamic jurisprudence and its factual application. Islamic jurisprudence can be divided into a very detailed sub-aspect related to individual jurisprudential issues, and a comprehensive Islamic jurisprudence aspect related to main principles and overall concepts. That comprehensive Islamic jurisprudence is the main purpose of this study which meant to address its definition, its sources, and the tools of its performance, and the most prominent aspects of its performance using that inductive approach along with the analytical approach on analyzing Shariah divine texts and Shariah scholar’s jurisprudence in the comprehensive Islamic jurisprudence and to classify it in its appropriate context. The study concluded to a certain definition of the concept of comprehensive Islamic jurisprudence which is the comprehension of the accepted and unchangeable Shariah rules which constitute the basis for many other detailed rulings. The study also addressed Fiqh Maqāṣidia most prominent sources, the mechanism of its application, and the most familiar cases of its application. The study also concluded that comprehensive Islamic jurisprudence has been in use from Islamic jurisprudence jurists in different contexts, further, that science is suitable to define the strategy, and what Shariah law really seeks to observe and last. In addition, the application of comprehensive Islamic jurisprudence is bond by fully applicable specific Islamic jurisprudence in which differentiate between the sustained from inconstant in Islamic jurisprudence chapters, and what is self-meant from what is meant for another, the custom of legislation in every chapter of Islamic jurisprudence, the standers and regulations, the general principles of Islamic jurisprudence, human needs, different circumstances, and defernite between the circumstances of necessity and comfort and to relate the secondary ruling by the comprehensive one. Keywords: Islamic jurisprudence, Comprehensive Islamic jurisprudence, Purposes of Shariah, Ijtihad, Contemporary.

Non-Muslims competence in giving testimony; A study between Islamic jurisprudence and the Saudi Civil procedural Law. أهلیة غیر المسلمین فی تأدیة الشهادة: دراسة بین الفقه الإسلامی وقانون المرافعات السعودی

أثر فرض المسؤولية الصارمة على الالتزامات الدولية في ظل القانون الدولي البيئي والفقه الإسلامي قاسم بن مساعد بن قاسم الفالح . قسم السياسة الشرعية، المعهد العالي للقضاء،جامعة الإمام محمد بن سعود الإسلامية، الرياض، المملکة العربية السعودية . البريد الإلکتروني:msaladawi@imamu.edu.sa الملخص : تأتي هذه الدراسة لمعرفة واقع القانون الدولي الببيئي المتعلق بأثر فرض المسؤولية الصارمة على الالتزامات الدولية ومقارنة ذلک بالفقه الإسلامي. وتتکون هذه الدراسة من مبحث تمهيدي وخمسة مباحث، الأول عن المسؤولية الصارمة على مشغلي المنشآت النووية. والثاني عن المسؤولية الصارمة عن التلوث البحري ، والثالث عن المسؤولية الصارمة عن الأنشطة شديدة الخطورة. والرابع عن المسؤولية الصارمة عن الأنشطة المرتبطة بالفضاء. والخامس عن المسؤولية الصارمة وفقا للفقه الإسلامي. ومن أهم نتائج هذه الدراسة وجود أثر لفرض المسؤولية الصارمة على الالتزامات الدولية في ظل القانون الدولي البيئي والفقه الإسلامي. فمن خلال القانون الدولي البيئي توجد العديد من الاتفاقات الدولية التي تنص على فرض المسؤولية الصارمة على الدول في بعض الانتهاکات البيئية الدولية. وبالنسبة للفقه الإسلامي فيمکن فرض هذا النوع من المسؤولية من خلال بعض القواعد الشرعية مثل الاستحسان، والمصلحة المرسلة، والعرف، وغير ذلک من أصول وقواعد الفقه الإسلامي والسياسة الشرعية. الکلمات المفتاحية:الفقه الإسلامي ، الالتزامات الدولية ، القانون الدولي البيئي ، مسؤولية دولية ، مسؤولية صارمة . The impact of imposing strict liability on international obligations under international environmental law and Islamic jurisprudence Gassem Musaed Alfaleh Department of Legal Policy, Higher Judicial Institute, Al- Imam Mohammad Ibn Saud Islamic University, Riyadh, Saudi Arabia. Email: gmfaleh@imamu.edu.sa Abstract : This study shows the reality of international environmental law related to the impact of imposing strict liability on international obligations and comparing that with Islamic jurisprudence. This study consists of an introductory and five sections, the first is the strict liability of operators of nuclear facilities. The second is strict liability for marine pollution, and the third is strict liability for high-risk activities. And the fourth is strict responsibility for space-related activities. And the fifth is strict liability according to Islamic jurisprudence. Among the most important results of this study is the impact of imposing strict liability on international obligations under international environmental law and Islamic jurisprudence. In fact, there are many international agreements provide the imposition of strict responsibility on states for some international environmental violations. In Islamic jurisprudence, this type of responsibility can be imposed through some of the Shariah rules such as approbation, interest, custom, and other principles and rules of Islamic jurisprudence and legal policy. KeyWords: Islamic jurisprudence , International Obligations, International Environmental Law, International liability, Strict liability.

641State immunity — Attachment and execution — Jurisdictional immunity — Distinction between adjudicatory and enforcement jurisdiction — Jurisdiction founded upon foreign State's ownership of property within the territorial jurisdiction — Property used solely for consular purposes — Whether inability to attach such property to enforce judgment precludes exercise by court of its adjudicatory jurisdiction — State Immunity Act 1978, Section 13(6)(b) — Whether only operating after judgment given against foreign State — The law of Scotland

Human Being is entitled with the best creature among all the creatures of Allah. There are three types of human being i.e. man, woman and transgender. Islam talks in all walk of life of man and provides all basic human rights to all. Transgender’s Identity and recognition in their family and society is the current issue in all public sphere of Muslims and Non-Muslims today. Attitude of society towards them is caused their incompatibility and dissatisfaction between their soul and body. The behavior of Islamic scholarship and law with regard to the issue of transgender is an important subject. As Pakistan is an Islamic state, a legislation is enacted the Transgender Persons (Protection of Rights) Act 2018 to address their issues and with the aim to provide rights to the transgender and for their welfare. This research deals with debate in Islamic jurisprudence and its level of compatibility or incompatibility with Transgender Persons (Protection of Rights) Act 2018 and will discuss the approaches of Pakistan Islamic Ideological Council on the Act.
 Keywords: Transgender, Mukhanas, Islamic Jurisprudence, Transgender Persons (Protection of Rights) Act 2018, Self -Perceived gender identity
 Human Being is entitled with the best creature among all the creatures of Allah. There are three types of human being i.e. man, woman and transgender. Islam talks in all walk of life of man and provides all basic human rights to all. Transgender’s Identity and recognition in their family and society is the current issue in all public sphere of Muslims and Non-Muslims today. Attitude of society towards them is caused their incompatibility and dissatisfaction between their soul and body. The behavior of Islamic scholarship and law with regard to the issue of transgender is an important subject. As Pakistan is an Islamic state, a legislation is enacted the Transgender Persons (Protection of Rights) Act 2018 to address their issues and with the aim to provide rights to the transgender and for their welfare. This research deals with debate in Islamic jurisprudence and its level of compatibility or incompatibility with Transgender Persons (Protection of Rights) Act 2018 and will discuss the approaches of Pakistan Islamic Ideological Council on the Act.

Navigating the intersection of religious doctrines and legislative frameworks poses a significant challenge in the abortion discourse, particularly in Indonesia. This study investigates the legitimacy of abortion through the dual perspectives of Islamic jurisprudence and positive law within Indonesia’s intricate socio-cultural and religious milieu, where Islamic principles deeply influence legal interpretations and societal views. The study aims to dissect the complex legal and religious debates surrounding abortion in Indonesia, offering a thorough analysis of its legitimacy under both Islamic jurisprudence and state law. Current literature reveals a fragmented legal landscape marked by diverse interpretations and applications of Islamic principles and state laws, resulting in inconsistent legal outcomes. Adopting a qualitative methodology, this research utilizes doctrinal analysis of primary and secondary legal sources, statutory laws, judicial decisions, and Islamic legal texts. Findings highlight a stark dichotomy between strict prohibitions in traditional Islamic jurisprudence and more lenient, context-specific interpretations by contemporary scholars. The Indonesian legal system, heavily influenced by Islamic values, nonetheless displays flexibility in cases involving maternal health risks or severe fetal anomalies. Ultimately, this study advocates for a nuanced, context-sensitive legal framework that harmonizes Islamic jurisprudence with positive law. It proposes a balanced approach that respects religious values while addressing modern societal needs and medical realities, aiming to ensure legal clarity and safeguard women’s rights in Indonesia.

[Nowadays, international trade with Islamic countries, specifically the Gulf States (GCC), is increasing and the Western World is beginning to show an interest in Islamic jurisprudence regarding commercial transactions, from which most rules on commercial laws in Islamic countries are derived. Such outside interest is associated with increasing calls from within Islamic countries in the Middle East for a return to Sharīah law as source of jurisdiction in all aspects of life. The most significant of such calls concerns individuals, proprieties and trade. Arbitration is an alternative method of resolving commercial conflicts that is rapid and peaceful. Arbitration is one of the concepts in Islamic law which Western jurisprudence has tried to understand in the context of Islamic jurisdiction philosophy: e.g., how it was referenced in past books on jurisprudence and how it has developed in recent times as shown in modern writing. Arbitration can be intermixed with other contracts; for example, arbitration and the reconciliatory ul contract are major concepts in Sharīah law that require study and profound analysis to distinguish clearly how Islamic scholars understand them and to eliminate what could cause confusion for non-Sharīah experts. This article explores the Sharīah notion of ul and arbitration in theory and practice by demonstrating how these two contracts are applied in the Kingdom of Saudi Arabia, the country most likely to derive laws from the Sharīah at the present time., Nowadays, international trade with Islamic countries, specifically the Gulf States (GCC), is increasing and the Western World is beginning to show an interest in Islamic jurisprudence regarding commercial transactions, from which most rules on commercial laws in Islamic countries are derived. Such outside interest is associated with increasing calls from within Islamic countries in the Middle East for a return to Sharīah law as source of jurisdiction in all aspects of life. The most significant of such calls concerns individuals, proprieties and trade. Arbitration is an alternative method of resolving commercial conflicts that is rapid and peaceful. Arbitration is one of the concepts in Islamic law which Western jurisprudence has tried to understand in the context of Islamic jurisdiction philosophy: e.g., how it was referenced in past books on jurisprudence and how it has developed in recent times as shown in modern writing. Arbitration can be intermixed with other contracts; for example, arbitration and the reconciliatory ul contract are major concepts in Sharīah law that require study and profound analysis to distinguish clearly how Islamic scholars understand them and to eliminate what could cause confusion for non-Sharīah experts. This article explores the Sharīah notion of ul and arbitration in theory and practice by demonstrating how these two contracts are applied in the Kingdom of Saudi Arabia, the country most likely to derive laws from the Sharīah at the present time.]

Sejarah Hukum Islam Nusantara Abad XIV–XIX M , by Ayang Utriza Yakin

الملخــــــص إن موضوعالوصف حقيقته وأنواعهيعد مسألة شرعية وأصولية تتفرع من مبحث القياس والتعليل ، وتندرج ضمن مسالک التعليل في القياس عامة ، وتتصل بمسالک إثبات العلة بالاستنباط والاجتهاد خاصة .ولذلک فالوصف هو موضع اختلاف من قبل علماء الأصول، حيث اختلف في تحديد مفهومه ومراده ، إما باعتبار أنواعه ؛ حيث اتفق الأصوليون على تقسيماته إلى وصف مناسب [معتبر في نظر الشارع ] کـــ(المصلحة المعتبرة الثابتة بالنص)، و(المصلحة المعتبرة الثابتة بالإجماع ) و(المصلحة المعتبرة الثابتة بالترتيب)، وإلى [وصف غير معتبر ]، والذي أطلقوا عليه المناسب الملغى والملغى فقط والمصلحة الملغاة أي أن الشارع ألغاه .أما أنواع الأوصاف المناسبة بسبب اعتبار الشارع الوصف علة فهي على أربعة أنواع : مؤثر ، وملائم ، وغريب. ومرسل، وفي جميعها خلاف. وختاما: فإن اعتبار المناسبة هي نفسها معتدلة کونها ثابتة بميزان وسطية الشريعة فيکون فيها التعليل: بالأوصاف، والعلل ، والأسباب ، والأمارات ، وما يترتب عليها من المصالح والمنافع جلبا وتحقيقا .ومن المفاسد والمضار دفعا وإبعادا يکون عندئذ استعماله محمودا لا مردودا The suitable Description; the Truth and Types An Applied and Fundamental Study BY: Shafi Muzkar Alsobaie Associate prof. of Origins of Islamic Fiqh Taif University، Saudi Arabia E.MAIL: ShafiMuzkar@hotmail.com Abstract The topic of the suitable description، its truth and types is originally a legal and fundamental issue which emanates from the scale of analogy and justification. It could be traced within the general approaches of analogy. It is also related to the approaches of proving the cause by means of deduction and discretion. Accordingly، the suitable description is the core of difference in between scholars of fundamentals as they differed around specifying the concept and significance of description by considering its types. The fundamentals agreed to divide the description into an appropriate description (respected by the Islamic jurisprudence) such as (the considered benefit as stated in the text)، the (considered benefit approved by consensus and (the considered benefit approved by priority). Then there is the unconsidered description which is identified as “the invalid suitable”، “only invalid” and the “invalid benefit” which simply means the Islamic jurisprudence abolished it. As for the types of suitable descriptions – because the Islamic jurisprudence considered description a weakness- they include four categories; influential، convenient، strange and loose and they are all controversial. In conclusion، tracing suitability is itself “a moderate means” since it is carefully considered by the Islamic jurisprudence. Justification is counted after; descriptions، weaknesses، reasoning، clues and the inflected benefits and interests that could be realized. As for the abuses and ill effects، they should be kept away and prevented. Hence، utilizing a suitable description becomes a favorable matter not defected one.

This study aims to explore the historical development and contemporary challenges of Islamic legal institutions in the Philippines, with a particular focus on the intellectual contributions of Philippine Muslim scholars. It highlights the Luwaran of Maguindanao and the Diwan Tausūg as foundational legal frameworks that demonstrate the adaptability of Islamic law within the Philippine socio-cultural context. Central to understanding the Islamic legal system in the Philippines is the codification of Muslim Personal Laws, which marked a significant milestone in integrating Islamic jurisprudence into the national legal framework. However, the limitations of the Code, including its narrow scope and partial alignment with Islamic principles, underscore the complexities of implementing a comprehensive Islamic legal system in a non-Islamic state. Further, the article assesses the recognition of al-Sharī‘ah Courts and the legal provisions established under the Organic Act for the Autonomous Region in Muslim Mindanao, emphasizing the importance of cultural pluralism and legal inclusivity in addressing the aspirations of the Muslim minority. The study employs a historical-analytical approach which endeavours to review the primary sources and the codified Muslim Personal Laws, as well as secondary sources like scholarly works on Philippine Islamic history and jurisprudence. Critical analysis of the Muslim Personal Laws and the Organic Act for the Autonomous Region in Muslim Mindanao (ARMM), will help trace the evolution of Islamic legal frameworks and identify their socio-cultural relevance. The study recommends the significance of legal integration or a comparative legal approach as a crucial instrument for identifying areas of harmony and divergence between Islamic jurisprudence and national law.

THE separation of what is “private” from what is “public” may in some sense be as old as human existence itself. However, the escalating emphasis on the private domain, and the central concern for protecting that which is private from prying intruders, has in our times gained unprecedented intensity. Governments have long infringed on the private space of their subjects, and in our time astonishing technological developments and mind-boggling electronic communication devices have come to the aid of governments in threatening private boundaries. What demarcates the Public from the Private undoubtedly depends on a complex set of cultural, political, and economic factors , and as a result of the interaction between such factors the line of demarcation inevitably has had to shift. From among the cultural factors, religion stands out as one of the most decisive components in delimiting the two spheres. Religions distinctly recognize and sanction a sphere of private action for individuals. In Western religions—that is, the Abrahamic traditions—human identity and individuality are emphasized through the recognition and sanctioning of private life. The present paper aims to shed some light on the debate around notions of the Public and the Private in Islamic culture. How does Islam, as one of the vibrant religions of the contemporary world, differentiate between the public and private? What is the extent of privacy in the Islamic point of view? What similarities SOCIAL RESEARCH, Vol. 70, No. 3 (Fall 2003) An Introduction to the Public and Private Debate in Islam MOHSEN KADIVAR and differences are there between the Islamic and Western perceptions of privacy? In general, what are the distinguishing characteristics of Muslims’ private lives? Does the extent of private sphere change, or perhaps shrink, in a society that is run according to Sharia (the Islamic tradition)? What is the extent of government authority, including that of a religious government, regarding an individual’s right to privacy? What is the Islamic point of view on such concepts as the individual, family, society, and government? The present paper takes proposes an introductory, yet innovative , discourse for formulating a framework for a meaningful discussion of questions like these. It provides an introduction to an otherwise complex subject. The basic distinction between that which is private and that which is not can be visibly discerned in the fields of Islamic ethics, law, and jurisprudence. A systematic discussion of the private and public domains, however, as independently significant subjects of inquiry, remains undeveloped. Here we shall first present a brief description of what we mean by the two concepts, and then proceed to establish the principal tenets of our reasoning. Drawing on two corollaries derived from our definition of privacy, we present the Islamic point of view based on two axes, namely the forbiddance of unwarranted inquiry on the one hand and, on the other, recognizing the right to freedom in action. We then turn to issues of relevance to the private domain, namely the Islamic principle of “ordaining good and forbidding evil” (al-amr bi al-ma’ruf wa al-nahy ‘an al-munkar), the legitimacy of governmental regulation (hisba), and the extent of the authority the Islamic state exerts. In conclusion , we emphasize the need for a heightening and intensification of a sense of religious conscience on an individual basis. 1. The Meaning of Privacy and Private Matters The terms “private” and “public” are not rooted in the heart of Islamic doctrine. The two terms occur neither in the Qur’an nor 660 SOCIAL RESEARCH in the traditions conveyed from the prophet and the imams. Islamic jurisprudence does not recognize these terms either. It is incumbent on us, therefore, to explicate what we mean by these terms in the first place, and then to attempt to locate within the Islamic tradition what may be the closest references and rulings regarding these concepts. “Private” and “public,” as intuitive and obvious as their meanings may appear, are not amenable to straightforward definition. No unanimity obtains with regard to their meaning either. Three distinct yet related meanings may be gleaned for what is “private” from the available literature (Boruch, 2001: 1267): first, that which is personal or exclusive to the individual; second, that which one would...

Rethinking Adjudicative Jurisdiction in International Law

The family, as an institution dating back to the dawn of humanity, holds a paramount position in the lives of individuals from birth to death, providing them with initial education, guidance, and emotional support. In Islamic jurisprudence, the family is esteemed as a sacred sanctuary akin to a protective fortress. Islamic law places significant emphasis on the family, establishing meticulous and dependable provisions that safeguard the interests of all parties involved, preserving their rights, and ensuring the continuity of generations to foster the establishment and endurance of this vital institution. At the heart of the family unit lies the institution of marriage, which is the foundation upon which society's foundation is built. Families founded upon sturdy ethical principles and values are better equipped to fulfill their expected roles and contribute positively to the broader community. In contrast, families with frail foundations and unstable dynamics can become a burden not only to the family itself but also to the community, ultimately affecting the well-being of individuals within them. In light of these considerations, it becomes imperative to investigate and scrutinize the practice of "misyār marriage," a phenomenon that has gained prominence, particularly in Gulf nations. It has shown inclinations to spread to other Islamic states. This form of marriage has sparked discussions and debates regarding its compatibility with Islamic jurisprudence and its harmony with the desires of individuals under specific conditions. This study aims to unveil the similarities and divergences between misyār marriages and traditional marriages practiced in society, emphasizing examining their legitimacy within the framework of the conditional theory of Islamic family law. Despite historical gaps in understanding this practice, our study aims to evaluate misyār unions compared to established matrimonial norms, shedding light on their dynamics, implications, and societal significance. The research delves deep into contemporary Islamic contexts. It thoroughly examines references from the Qur'an, the Sunnah (traditions and practices) of the Prophet Muhammad, and the opinions of classical and modern Islamic scholars. Throughout this extensive inquiry, the study maintains a critical yet impartial stance in addressing the multifaceted challenges posed by misyār marriage. Furthermore, it seeks to provide an outlook based on conditional theory for assessing the genuineness and validity of misyar marriages in challenging situations, thereby enhancing our comprehension of the distinct dynamics and consequences associated with such unions. This research strives to advance the understanding of the merits and demerits of misyar marriages within Muslim societies. Additionally, it aims to foster constructive discourse and deliberate reflection on the intricacies of Islamic family structures and relationships. Ultimately, this research serves as a bridge, connecting Sharia principles, the perspectives of Islamic scholars, and the evolving landscape of contemporary society, thus enabling a more profound grasp of the adverse effects of misyar marriages rather than their short-term benefits.

Pondok Pesantren (Islamic Boarding School) as one of the educational institutions in Indonesia, which emphasizes on Islamic religious education, have had different and specific approach in the planning and designing of its facilities, compared with the process of planning and designing the school in general. Although there is no specific design typology of the pondok pesantren’s buildings and facilities, the planning, designing and development process of its contains a special approaches using the Sharia principles derived from the Islamic jurisprudence known as Fiqh. The acculturation of pesantren educational organizations and formal educational organizations such as public school, along with the architect's involvement in the pondok pesantren’s development process in modern times can potentially obscure the Islamic values in the life of pondok pesantren, where the principles and values of sharia should be the main characteristics of pondok pesantren itself. This paper studied the principles of Sharia and its application in the process of planning, designing and construction of a shar’i pondok pesantren in Indonesia, through a case study of Pondok Pesantren Al Fath Ma’had in Palembang. Islamic Sharia principles in the development of pondok pesantren are gained through the study of literature and the books of Fiqh as well as interviews with experts of Islamic law. Application of Sharia principles in the planning and designing of the pondok pesantren covers ranging from the determination of the legal status of the site; mosque planning, laws and conditions attached to the mosque; zoning activities as well as planning and designing of buildings and supporting facilities; dormitory planning; rules of interior design related to pesantren’s style teaching-learning activities; until the affairs of Waqf of the residential buildings of Kyai (school headmaster) or teachers.