Contemporary Islamic Law Research Articles

Analysis of Muhammad Shahrur's thoughts on the concept of justice in polygamy: A perspective of contemporary islamic law

Polygamy, the practice of marrying more than one partner simultaneously, has been a controversial topic in Islamic law and modern society. Although it is permitted in the Qur'an (QS. An-Nisa` 3) on the condition of justice, its practical implementation is often debated, especially in relation to the principles of justice established. In this context, Muhammad Syahrur provides an innovative view on polygamy. He uses a linguistic and contextual hermeneutic approach to interpret Qur'anic verses, arguing that justice in polygamy includes not only equal distribution of material goods but also emotional and psychological well-being. Shahrur argues that the application of polygamy must take into account the social context and changing times, emphasizing that monogamy may be more appropriate for achieving justice in modern societies. The critique of traditional interpretations and the emphasis on the unattainable principle of absolute justice are the main focus of his methodology. The analysis suggests that although polygamy is permitted, practical justice may be more easily achieved through monogamy in the contemporary context, in accordance with the principles of human rights and gender equality.

Kehujjahan Maslahah Mursalah Dalam Perspektif Imam Al-Ghazali Dan Najm Al-Din Al-Tufi

This study examines the authority of maslahah mursalah according to Imam Al-Ghazali and Najm al-Din al-Tufi, two scholars with differing views on applying the concept of public interest in Islamic law. Al-Ghazali is known for his conservative approach, while Al-Tufi is more flexible and progressive. The research uses the library research method. Data were collected from primary sources, namely the works of Al-Ghazali and Al-Tufi, as well as relevant secondary literature. Descriptive-qualitative and comparative analysis techniques were used to evaluate and compare the views of both scholars. The study found that Al-Ghazali requires maslahah to align with maqasid al-shariah and not contradict nash. Al-Tufi, on the other hand, emphasizes flexibility in prioritizing maslahah, especially when dealing with nash dzanni. Both scholars contribute significantly to the understanding and application of the concept of maslahah in contemporary Islamic law.

Talfīq as A Method for Legal Solutions in Contemporary Islamic Law

Talfīq, or the combination of various opinions of jurisprudence madhhab, is frequently used to arrive at solutions in Islamic law. It was used extensively in the tajdīd era, the early 20th century AD, namely through the Islamic law reforms in family and personal matters in most Muslim countries. The concept is controversial and not universally accepted by ulama. Most classical ulama opposed it, although most contemporary ulama believe that talfīq is acceptable as a method for legal solutions. This research investigated the reasons or factors for this disagreement by analyzing the related views of such ulama. The qualitative research used a literature review from classical and contemporary books about talfīq. This research concluded that although the classical ulama appeared to be grounded firmly in their opposition to the practice of talfīq, subsequent development of Islamic law showed practical consideration made inroads in accepting talfīq as a method for legal solution. This acceptance is made by putting conditions and controls on how and when talfīq can be used to solve modern Muslim legal problems. This modification ensures the traditionalists that the danger of talfīq, as previously envisaged, would be avoided. Abstrak: Talfīq atau gabungan berbagai pendapat mazhab fikih merupakan metode yang sering digunakan untuk mencari solusi dalam hukum Islam. Hal ini digunakan secara luas pada zaman tajdīd, yaitu awal abad XX Masehi, melalui reformasi hukum Islam dalam masalah hukum privat dan keluarga di sebagian besar negara Muslim. Konsepnya kontroversial dan tidak disetujui secara universal oleh para sarjana. Mayoritas ulama Islam klasik telah menentangnya meskipun sebagian besar ulama kontemporer berpandangan bahwa talfīq dapat diterima sebagai metode penyelesaian hukum. Penelitian ini bertujuan untuk menyelidiki alasan atau faktor ketidaksepakatan ini dengan melihat sampel dari pandangan terkait dari para ulama tersebut. Penelitian ini merupakan penelitian kualitatif dengan menggunakan tinjauan pustaka. Data diperoleh dari buku-buku klasik dan kontemporer yang menulis tentang talfīq. Penelitian ini menyimpulkan bahwa meskipun para ulama klasik pada mulanya tampak berpijak kuat pada penentangan mereka terhadap praktik talfīq, perkembangan hukum Islam selanjutnya menunjukkan pertimbangan praktis yang membuat terobosan dalam menerima talfīq sebagai metode penyelesaian hukum. Penerimaan ini dilakukan dengan meletakkan kondisi dan kontrol tentang bagaimana dan kapan talfīq dapat digunakan dalam memberikan solusi atas masalah hukum Islam modern. Modifikasi ini memastikan kaum tradisionalis menghindari bahaya talfīq seperti yang dibayangkan sebelumnya.

Al-Fatani's Perspectives on Islamic Family Law: Insights from Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim

The evolution of Islamic Family Law in Malaysia is a nuanced amalgamation of Malay customs, cultural influences, and Islamic jurisprudence. Rooted in the history of Malaya, the formation of current Islamic Family Law reflects the fusion of these elements. This study delves into Daud Abdullah Al-Fatani's seminal work Hidayah Al-Muta’allim Wa’Umdah Al-Muta’alim, a pivotal contribution to Malaysian Islamic jurisprudence. Comparing Al-Fatani's insights with those of scholars from diverse schools of thought and contemporary Islamic Family Law enactments, the focus remains on key issues such as Zihār, Khiyar, and Nusyuz. The study reveals that Al-Fatani's perspectives transcend strict adherence to the Al-Shafi‘i school, while aligning with the Islamic Family Law (Federal Territories) Act 1984. His views on marriage dissolution and wife’s disobedience are influenced by Malay culture, while maintaining fidelity to the Qur’ān and Sunnah exemplified by his stance on Zihār. This resonates in Malaysia's current Islamic Family Law which is not rigidly bound to the Al-Shafi‘i school but intricately considers cultural conditions.

Baḥtsul Masāil at a Traditional Islamic Educational Institution in Aceh: Teungku Dayah's Contribution to the Development of Islamic Law

The global world has implications for the emergence of various contemporary problems and demands legal certainty for every Islamic legal issue. This research aims to examine Baḥtsul Masāil in Dayah as a traditional Islamic educational institution in Aceh, especially its contribution in responding to developments in contemporary Islamic law. This research uses a qualitative-normative method with a sociological approach to Islamic law. Data was obtained through interviews, observation and document study. The informants interviewed were Tengku Dayah in Aceh, observing the activities of Baḥtsul Masāil and the documents studied were journal articles, textbooks and books. The research results show that teungku dayah is able to answer contemporary Islamic law problems through Baḥtsul Masāil. This activity took the form of a focus group discussion involving professional staff from Islamic boarding schools and discussed various current issues from a legal perspective. In Baḥtsul Masāil uses the method of ilhaq and contextualization of the turats text. Ilhaq is achieved by equating law with problems that have not been answered by Islamic texts with problems that have been answered by Islamic texts, while contextualization of Islamic texts is achieved by interpreting Islamic texts in a contemporary context. The results of Baḥtsul Masāil are then disseminated to the community through community learning processes, recitations, or religious lectures. Thus, in terms of the sociology of Islamic law, Teungku Dayah and Dayah educational institutions as actors are able to contribute to contemporary Islamic problems and the problem of the vacuum of Islamic law in society can be overcome.

Contemporary Islamic Law in Indonesia: the Fulfillment of Child Custody Rights in Divorce Cases Caused by Early Marriage

A marriage license in Indonesia is only allowed to be granted to a man and woman from age 19 and above. The aim is to prevent early marriages which are very vulnerable to divorce due to the psychological immaturity of the couple. For example, Kotagajah Timur was observed to have a common case of divorce among underage people that married due to pregnancy outside of marriage. Therefore, this descriptive-analytical field study was conducted based on a phenomenological method. Moreover, data were collected using observation, interviews, and documentation. The results showed that divorcees from early marriages were unable to fulfill the provisions of Child Custody Rights. This was observed from the fact that the couple did not provide the required child protection after the divorce in addition to the non-fulfillment of other rights such as Nasab, Nafkah, Care (Hadhanah), and Child Education Patterns. Furthermore, the mother is required by the law to have full custody while the father provides living expenses. This requirement is observed to have been ignored because the mother is underage and lacks the maturity to perform the necessary obligations such as caring for and educating the children. Therefore, the children are discovered to be under the care of the parents of the mother.

Legal Policy for Women Workers in Indonesia: A Review of Contemporary Islamic Law

The Indonesian government issued Regulation in Lieu of Law (Perppu) Number 2 Year 2022 on Job Creation by amending several contents of the regulation. After the issuance of the regulation, attention has been focused on the regulation of the protection of women in law. Therefore, this study aimed to determine the effect of Government Regulation on Job Creation regarding the welfare of women workers in the review of contemporary Islamic law through siyāsah dusturiyāh. The analysis was conducted through library study, using data sources acquired from the literature pertaining to the Government Regulation in Lieu of Law on Job Creation. The results showed that in contemporary Islamic legal study, the concept of siyāsah dusturiyāh emphasized policy formation to achieve benefits measured through Maqasid Shari'ah. According to Perppu, every citizen was able to secure employment and receive fair as well as dignified compensation and treatment in labor relations, including the protection of women workers. However, several aspects did not work in accordance with the objectives and had a negative impact on women workers. These included the threat of low wages, the expansion of the outsourcing system, and the obligation of prolonged leave, which no longer persisted. In this context, Perpu was not consistent with the purpose of the benefit of women workers.

IMKĀNIYĀT AL-IJTIHĀD AL-ISTIṢLĀHĪ WA ISHĀMĀTUHU LI HALL AL-QADHĀYĀ AL-FIQHIYYAH AL-MU’ĀṢARAH: DIRĀSAT FĪ FATĀWĀ JĀ’IHAH COVID FĪ INDONESIA

This article would like to discuss one of the theories of ijtihād that is well-recognized in the science of ushūl fiqh, namely the theory of ijtihād istiṣlāhiy, in terms of its concept and its application to solve contemporary Islamic law by making the fatwas of the Covid-19 in Indonesia as the object of study. Even though a fatwa is a legal notification which is legal and unbinding, fatwa is certainly not produced from a vacuum, but has gone through a process of understanding the details of the proposed Islamic law issue and studying it using the appropriate ijtihād method, one of which is ijtihād istiṣlāhiy. This article presents the results of a qualitative research using a bibliographical study as the method. This article attempts to present an academic discussion regarding the flexibility of ijtihād istiṣlāhiy, its limits as well as its dhawābith in answering contemporary Islamic law issues by examining the side of the establishment of the Covid-19 fatwas law in Indonesia in this recent period. The results of the study show that the fatwas regarding Covid-19 in Indonesia is based on the principle of benefit (maṣlahah) reached through the ijtihād istiṣlāhiy method.

Yusuf Al-Qardhawi's Perspective of Ihdad and its Relevance to Career Women's Leave Rights in Bandar Lampung

This research aims to analyze Yusuf Al-Qardhawi's views on ihdad and the implementation of career women's leave rights due to the death of their husbands and their relevance to contemporary Islamic family law. This research is a field research study. The informant consisted of the General Manager of the Chandra Supertore Bandar Lampung company, qualitative analysis. Research findings show that Yusuf al Qardhawi is of the view that women who are in ihdad may carry out their professions outside the home, limited to professions permitted by religion, maintaining religious ethics, whether in clothing, walking, talking, avoiding making up, wearing perfume, interacting with the opposite sex. This ability protects the benefit and survival of the family, as is the concept of Maqashid al Syari'ah to protect the soul, religion, mind, lineage, and property. Career women's leave rights due to the death of their husbands are only two days in employment law. However, in its implementation at the Chandra Superstore company, career women generally take one week off. They consist of the right to 2 days of leave plus permission from the company for two days, plus exchanging work schedules with colleagues in the profession. The company still requires its employees to look attractive according to the Company's SOP. Implementing this left-right is still very far from being different from the head criteria in Islamic family law.

Intellectual Property Rights in the Use of Blockchain Technology From A Contemporary Islamic Legal Perspective

This study investigates the potential of blockchain technology in safeguarding and managing Intellectual Property Rights (IPR) in Indonesia, focusing on copyrights and industrial property rights. It employs a qualitative descriptive methodology, using secondary data from relevant legislation and literature. Data analysis follows the Miles and Huberman technique. The results demonstrate that blockchain technology offers substantial promise in enhancing the protection and administration of IPR. It can validate copyright ownership, record copyright-related transactions, and enhance security and transparency in copyright management. Moreover, it can be relevant in safeguarding trademarks and patents, efficiently tracking ownership and usage, and preventing infringement. The study implies that the implementation of blockchain technology in IPR management in Indonesia requires more detailed regulations and collaboration among stakeholders. It also highlights the need to consider contemporary Islamic Law perspectives to ensure optimal protection for creative and intellectual rights in the digital age.

The Concept of al-Amwal in the perspective of Contemporary Islamic Law

This article would like to explain the concept of al-amwal as part of a discussion of contemporary Islamic legal perspectives. The concept of al-amwal related to possessions is a very important necessity in life that cannot be separated from man. In this context, several forms of amwal include grants, alms, infak, waqf and so on. And the classification of al-amwal is divided into four parts, namely al-amwal al-bathiniyyah, al-amwal al-zhahiriyyah, al-amwal al-khash and al-amwal al-am. This research is a qualitative descriptive method using literature studies obtained from certain literature relevant to this research. The results of this study show that wealth is an important need in human life in seeking wealth for its existence in this world should be directed to the benefit of mankind collectively. Because if you pay attention to the initial process of the creation of nature, which is the wealth given by Allah Almighty, it is not only the property of individuals but also the right of all humans. Al-amwal is a divine gift that must be maintained in life. There is treasure because of entrustment from Him. So to get it there is no prohibition in looking for treasures both conventional and sharia

Konstruksi Pemikiran Hukum Islam Imam Ahmad Ibn Hanbal: Pendekatan Sejarah Sosial Hukum Islam

Imam Ahmad Ibn Hanbal was one of the Hanbali mazhab philosophers who lived during the Abbasid dynasty. A number of ideas were followed by scholars after him. Though he suffered various rejections from other scholars and even rulers, Imam Ahmad Ibn Hanbal's thought is still relevant to the development of contemporary Islamic law. This article aims to analyze the influence of Imam Ahmad Ibn Hanbal's thinking in the context of the reformation of Islamic law. Data is obtained through the study of documents using descriptive methods and analyzed critically. The results of the research showed that Ahmad ibn Hanbal's strong tendency towards the hadiths undermined the formulation of hadith-based fikih. The intensity of the use of the hadith and the giving of sufficiently strong authority made Ahmad Ibn Hanbal, in the view of some fuqaha, a fuqaha muhadditsin. One thing that became the best practice in Ahmad Ibn Hanbal's character was his diligence in upholding opinions and not being easily influenced by the will of the ruler. This fact can be a reference to the society and the rulers that exist at this time.

Aset Digital Bitcoin sebagai Objek Harta Waris dalam Perspektif Hukum Islam Kontemporer

This research aims to examine the views of contemporary Islamic law regarding bitcoin digital assets as objects of inheritance. In this research, a normative juridical method is used which involves library legal research by examining library materials or secondary data with data collection techniques using a conceptual approach. The results show that bitcoin meets the criteria to be used as inherited property because the nature of bitcoin assets is in accordance with the nature of property, but contemporary Islamic scholars differ in opinion regarding the law of using bitcoin, the Indonesian Ulema Council itself forbids bitcoin as a currency and commodity without underlying, and legalizes bitcoin as a commodity with underlying, so that the law of inheritance also depends on the opinion or fatwa that is trusted, because fatwa is not binding.

THE MAKING OF SINGLE PARENT RESILIENCE IN POST-COVID-19 PANDEMIC IN INDONESIA

This article discusses the changing role of women in the family household to take full control and responsibility as a single parent due to the death of their husbands in the post-Covid-19 pandemic in Indonesia. Based on the Covid-19 pandemic data, the death of husbands is so high in East Java that raised new problems in the family household when a wife must switch her position to take role as the head of the family as a single parent. This article strives to answer the questions of what roles do the women play as the head of the household due to the death of their husbands? How are these roles perceived based on Maqashid Al-Syari’ah, a contemporary Islamic law? These questions aim to understand the transformation of roles between husband and wife in Javanese Muslim family households to portray the gender equality and the construction of the family resilience. The data of this study are collecter through ethnographic fieldwork with participatory observation and in-depth interviews to several married women in eastern parts of Java. This article suggests that mainstreaming the method of Islamic law, Maqashid Al-Syari’ah to build the resilience of single-parent families in East Java is realized by the awareness of single-parent women in meeting the family needs. This awareness is employed through various practices by women in East Java who cover all domestic and public activities for the benefit of the family.

Reinventing the Human Dignity in Islamic Law Discourse: The Wasatiyah Approaches from Khaled Abou El-Fadl to the Interreligious Relation

Violence in the name of religion has never completely disappeared from discourse on religious life. Surprisingly, Islamic law is used as the basis for committing acts of violence damaging interreligious relations. There is a gap between the goals of Islamic law and practice in society. This article aims to unpack the wasatiyah approach provided by Khaled Abou El-Fadl in Islamic law discourses. This research is a qualitative method using library research, which obtains information from books, articles, and journals. This research concludes that El-Fadl provides an essential concept known in contemporary Islamic law as al-wasatiyah by integrating various scientific disciplines to strengthen human dignity. El-Fadl offers a moderate-humanist approach as a system that is considered more holistic and comprehensive in Islamic law, especially in constructing texts, understanding the context, and optimizing legal reasoning based on maqasid al-shariah through independent reasoning. This article shows that El-Fadl allows greetings to non-Muslims, greetings of Christmas to non-Muslims, interacts with non-Muslims, and elects non-muslim leaders. El-Fadl believes in strengthening the theological basis of pluralism, which requires tolerance as a pathway for creating a mutually productive life together.

HUKUM ISLAM DALAM PANDANGAN PEMIKIR MUSLIM KONTEMPORER DAN ORIENTALIS

Islamic law which in English is called Islamic Law. The main sources of Islamic law are the Qur'an and al-Sunnah. While the additional sources of law are ijma' and qiyas. With this source of Islamic law, it becomes the basis for answering and solving problems of Islamic law both in the early Islamic era as well as contemporary Islamic law problems. Islamic law itself is believed to be for Muslims as a law that is sourced from God's revelation. This is based on the sources of Islamic law derived from the Koran and the Sunnah. However, it is recognized that the Qur'an and al-Sunnah do not always appear explicitly for every problem of life, while the problems faced are increasingly numerous and complex. Therefore, the role of reason and revelation in the determination of Islamic law is very much needed. The purpose of this study was to find out how contemporary and western Muslim thinkers view Islamic law which is considered very elastic in the dynamics of social change. Which grows from various situations and conditions surrounding mankind. This ontological reality of Islamic law then gave birth to an epistemology of fiqh which is basically the resultant and interaction of the scholars with the social facts that surround it.

The Significance of Muḥammad Shaḥrur’s Scientific-Historical Method in Contemporary Islamic Legal Theory (Uṣūl al-fiqh)

The determination and application of Islamic legal rulings without causing turmoil in the modern world result in challenges continuing to be discussed. Since the methods for establishing modern Islamic law are not appropriately revised, the proposed measures tend to fail. The article examines the significance of upgrading the legal theory of Islamic law, known as the discipline of uṣūl al-fiqh. The theoretical upgrade is manifested in the application of both a critical-historical method and a scientific-historical method, the application of multiple contemporary academic approaches drawn from the humanities, social and positive sciences in addition to traditional religious knowledge and opinions from classical scholars. The issue of upgrading the discipline of uṣūl al-fiqh through the application of the scientific-historical method requires convincing scholars of the idea that the scientific-historical method is a prospective and integrative method for the contemporary discipline of uṣūl al-fiqh. The scientifichistorical method is considered a new method in the discipline of uṣūl al-fiqh for three reasons. In the first instance, it is compatible with the principles of scientific democracy or pluralism (applying multiple approaches in problem-solving and adjudication). In the second instance, it is suitable for the demands of modern societies. In the third instance, it is suitable for the structure of modern states. In terms of the contemporary discipline of uṣūl al-fiqh, the article emphasizes the significance of Shaḥrūr’s scientific-historical method in creating modern Islamic law. Nonetheless, the article still does not incorporate a concrete definition of Shaḥrūr’s limits (ḥudūd) and does not provide examples of the use of the scientific-historical method in solving problems (e.g., eradicating legal corruption and promoting law enforcement in the Muslim world). Future studies may focus on the definition of Shaḥrūr’s ḥudūd and the implementation of his scientific-historical method in solving problems of contemporary Islamic law.

Reflections of Contemporary Islamic Law to The Spirit Doll Phenomenon; A Sadd Al-Żarī'ah Perspective

People are restless in the wake of the growing popularity of spirit dolls in recent years. Contemporary Islamic legal clarity is required when determining whether the spirit doll phenomenon is true or false. The purpose of this article is to respond to a study of contemporary Islamic law concerning the spirit doll phenomenon that has alarmed the public. This is a qualitative study that takes a socio-normative approach. Sadd al-żarī'ah is used as a method for tracking (istinbat) Islamic law. The study's findings revealed that people caring for spirit dolls were motivated by a lack of faith and knowledge, dynamism and animism, as well as hedonism. According to Islamic law's teachings, the spirit doll phenomenon is forbidden and must be abandoned. Ulama gathered in South Sulawesi Province's Indonesian Ulema Council (MUI) and agreed to prohibit this phenomenon. The implication is that the spirit doll is manifested in every person whose physical body has a shadow or is physically shaped like a human or animal statue. It is, however, prohibited or permitted for girls' toys only. It is hoped that Muslims will avoid practices that could jeopardize religious values by abstaining from the use of spirit puppets.

The Urgency of Transdisciplinary Approaches in Contemporary Islamic Law Studies

Islamic law studies have encountered several contemporary issues. Islamic law is expected to contribute toward current problems faced by modern society. Therefore, ideally, studies of Islamic law should be developed through a transdisciplinary approach. This should be carried out through the theocentric paradigm integration framework and anthropocentric Islamic law. It is known that Islamic law initially came from the revelation (Qur’an and hadith), and that it aims for the benefit of humans. In its construction, Islamic law enforces the foundation of the principle of Tauhid and is developed through humanism principles such as humanity, fairness, equality and tolerance. From this perspective, the transdisciplinary approach should be taken into account in the studies of Islamic law. This paper elaborates on the development of contemporary Islamic law studies through a transdisciplinary approach from the perspective of formal and material objects. The results affirmed that contemporary Islamic law studies need to combine normative and empirical approaches, and textual and contextual analysis based on maqasid al-syariah. To be relevant to the needs of people and social issues, Islamic law should be integrated with other sciences. Only with this method can Islamic law help to effectively and comprehensively solve social problems and become a law that is rahmatan lilalamin.
 Keywords: transdisciplinary approach, Islamic law, normative-empirical, holistic, Maqasid al-Syariah

The Doctrinal Development of Contemporary Islamic Law: Fiqh Academies as an Institutional Framework

Abstract The rise of modernity, with its tremendous changes and challenges, has had an impact on Islamic law. Among the most recent developments there is—at an institutional and doctrinal level—the emergence of fiqh bodies dealing with contemporary issues based on a collective decision-making process. In contrast to this modern approach of law making, the emphasis on individual legal decision-making was common in the pre-modern era. These fiqh academies have contributed to the substantive development of present Islamic law due to its immense output (qarārāt or resolutions). This essay aims to represent the research methodology and legal performance of fiqh academies as a contemporary framework for the formation of Islamic law and their role in the development of legal doctrine. Thereupon, this article intends, on the one hand, to contribute to the study of the developments of present Islamic law; on the other, it examines the relationship of the legal norms developed by contemporary fiqh academies and traditional schools of law and their methodology of law making.