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Deviyana Khoirotul Iswiyah

The shift in the structure of modern society's economy from an agrarian base to a service- and expertise-based one has given rise to new forms of income, namely salaries, wages, and professional honorariums, which are not explicitly regulated in classical zakat fiqh. This phenomenon has generated the discourse on professional zakat (zakat profesi) as one of the central issues in contemporary fiqh muamalah. This article aims to analyze the legal basis, the methods for determining nisab and haul, and the map of scholarly disagreement (ikhtilaf) regarding professional zakat, while also examining its relevance to the objective of social justice in Islam. This study employs a qualitative method with a normative-juridical approach through library research, examining the Qur'an, hadith, legal maxims (qawa'id fiqhiyyah), fatwas of religious institutions, and journal articles published within the last five years. The findings show that the majority of contemporary scholars, including Yusuf al-Qardhawi, obligate professional zakat based on the general implication of zakat verses and the method of analogical reasoning (qiyas), likening it to the zakat on gold and silver in terms of nisab (equivalent to 85 grams of gold, at a rate of 2.5%) or to agricultural zakat in terms of the timing of payment. However, some scholars, particularly those adhering to the principle of tauqifiyyah in worship, reject the obligation of professional zakat as a distinct category because it lacks explicit textual basis. This disagreement reflects the methodological tension between textual and contextual approaches in legal reasoning (istinbath al-ahkam), while also demonstrating the flexibility of Islamic fiqh in responding to socio-economic dynamics without abandoning the fundamental principles of sharia. Keywords: Professional Zakat, Contemporary Fiqh, Qiyas, Nisab And Haul, Scholarly Disagreement.

Maotsiqon Azzam Ghiyatsulhaq; Putri Andini; Hafiz Gilman Abdul Aziz; Humaeroh Humaeroh

Jurnal Begawan Hukum (JBH) 2026 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Many marriages occur when a person is not old enough. Therefore, under Islamic law and Indonesian law the restriction of marriage age is a ijtihad stipulation. In this study we will discuss the boundaries of marriage age in a perspective on Islamic law and law in Indonesia. This type of study is literature research. From this study, the restriction on the marriage age of men and women is equivalent to 19 years old. To define marriage age, methodologs are based on mashlahah methods, thus not contradicting Nash and there is no specific Nash to be referenced for qiyas. The concept of mashlahah muris used to address the question of inclarity of marriage age. Maslahah murexplains that taking on a certain locality may be held asa metaphor for bataa marriage, although there is no detailed explanation in the Nash qur 'an. The so called conformity that is intended is an age limit for marriage established in Islamic law.

Faathir Janwar; Muhammad Naufal Marifat; Kurniati Kurniati

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Contemporary Islamic law faces complex challenges in responding to rapid social change while maintaining fidelity to authoritative religious texts. This article examines the tension and interaction between textual authority (the Quran, Sunnah, ijma’, and qiyas) and the dynamics of modern socio-cultural, political, and technological developments. Using qualitative library research, this study analyzes classical and contemporary Islamic legal thought, including maqaṣid al-shariah, ijtihad, and contextual interpretation. The findings indicate that Islamic law possesses inherent flexibility through its methodological tools, enabling adaptation without undermining its normative foundations. However, challenges arise from rigid textualism, politicization of Islamic law, and epistemological gaps between tradition and modernity. This study concludes that a balanced approach integrating textual fidelity and contextual responsiveness is essential for the relevance of Islamic law in contemporary society.

Khaeru Nazwa; Bunga Khansa Tikwana; Safira, Adria; Andriyani Andriyani; Wahdi Sayuti +1 more

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study discusses fiqh ibadah as an important branch of fiqh that regulates the procedures for performing worship in accordance with Islamic law. The main objective of this study is to clarify the basic concepts of law, principles, and scope of worship in Islam so that its implementation is in accordance with sharia provisions. The data sources consist of primary literature (the Qur'an and Hadith) by analyzing scientific works from Google Scholar from 2018 to 2025 sourced from Indonesian and English journals. This study systematically describes the meaning of fiqh ibadah, sharia, and the legal basis derived from the Qur'an, sunnah, ijma, and qiyas. It includes complete arguments such as istihsan, maslahah, and urf. The discussion also covers the principles of ibadah mahdhah, which emphasize the necessity of evidence in its implementation to prevent bid'ah practices. The scope of fiqh ibadah focuses on four main acts of worship, namely prayer, zakat, fasting, and hajj, which have specific provisions in sharia. In addition, it also discusses the essence and purpose of worship, which shows that worship is a form of submission and love of a servant to Allah SWT and the main purpose of human creation. Through an understanding of fiqh worship, Muslims are expected to be able to perform worship correctly, validly, and accepted by Allah SWT, as well as a means of achieving benefit and happiness in this world and the hereafter.

Bina Prima Panggayuh; Kayla Baskya Aurelia; Pramita Dianni Rahayu; Asri Aryu Ningsih; Sevila Maulida Ayogi

Moral : Jurnal kajian Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The rapid development of e-commerce as part of the broader digital transformation has introduced various new forms of transactions that were not explicitly recognized in classical Islamic jurisprudence. These include digital contracts, non-physical goods, cloud-based services, and electronic payment systems. Such innovations present a range of legal challenges, particularly concerning the validity of contracts, the legal status of digital products, the permissibility and security of electronic payment methods, and the protection of consumers in online transactions. To address these challenges, Islamic scholars have increasingly turned to ijtihad the process of independent reasoning and interpretation—as a methodology capable of providing legal solutions for contemporary issues. This study employs a qualitative approach, primarily through literature review, to examine the foundational principles of ijtihad, various methodological tools, and their applicability to different aspects of e-commerce transactions. The findings demonstrate that ijtihad methods, including qiyās (analogical reasoning), istislāh (consideration of public interest), istihsān (juridical preference), and ‘urf (customary practice), enable Islamic law to remain adaptive and flexible, while still oriented toward justice and public welfare. By applying these methods, Islamic jurisprudence can provide legal certainty, uphold fairness, and ensure that e-commerce practices align with Shariah principles, ultimately fostering trust and ethical behavior in the digital marketplace.

Ikbal, Muchamad; Mukhlas, Oyo Sunaryo; Saebeni, Beni Ahmad

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This study discusses the discourse of fiqh al-nawāzil which is rooted in the fundamental disparity between Islamic Family Law (classical inheritance and will law) and Contemporary Law (Hajj queue regulation Law No. 8 of 2019 and fiat of the transfer of one person to the Director General of PHU No. 130 of 2020). This background raises a normative dilemma when the right to worship (al-haq al-'ibādi) is threatened with forfeiture because classical instruments clash with the principle of lā waṣiyyata li wārith and the limits of al-thuluth. The main purpose of this research is to propose a Mandatory Will as a transformative solution of Islamic Law to provide a fair and strong sharia foundation for the existing state administrative policies. The method used is Fiqh al-Nawāzil with the approach of Istislah (Maslahah Mursalah) and Qiyās Istiḥsānī, which places the portion of Hajj as an obligation that must be fulfilled (al-wājib al-waṣiyyah) equivalent to debt, so that it can methodologically neutralize the limitation of classical inheritance. The conclusion shows that the Obligatory Will has succeeded in bridging this conflict, providing a Legal Impact in the form of modernizing Islamic Family Law, and affirming the ability of Islamic Law to realize maqāṣid al-sharī'ah (ḥifẓ al-dīn and ḥifẓ al-māl) in the contemporary era. The recommendation urges that amendments to the Compilation of Islamic Law (KHI) and hajj regulations (including the strengthening of Kepdirjen 130/2020) be immediately carried out to institutionalize the Obligatory Will, accompanied by the DSN/MUI Fatwa to prevent the commercialization (tadāwul) of the hajj portion and ensure substantive justice for the heirs.

Anwar Habibi Siregar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The school of jurisprudence has a crucial role in the formation of Islamic law, both in the classical and modern eras. In the classical period, schools of thought such as Hanafi, Maliki, Syafi'i, and Hanbali became the main basis for formulating Islamic law through a structured ijtihad methodology. Each school of thought developed its own way of interpreting the Qur'an, Hadith, ijma', and qiyas, which then contributed to the diversity of Islamic law. In the modern era, the role of schools of jurisprudence remains relevant in responding to contemporary legal challenges, especially in economic, social, and technological issues. Islamic law reform in various Muslim countries often refers to the principles of these schools by adapting them to the national legal system. Therefore, the study of schools of jurisprudence not only contributes to the historical development of Islamic law but also serves as a foundation for formulating legal solutions that are adaptive to the dynamics of the times.  

Fauziah Nur Ariza; Muhammad Habib Prasetyo; Edo Dermawan; Mahlil Lubis; Ahmad Taufik Alfarizi Siagian +2 more

Hikmah : Jurnal Studi Pendidikan Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Dala’il al-I’jaz is one of the monumental works of ʿAbd al-Qāhir al-Jurjānī, a central figure in the field of balāghah (Arabic rhetoric), widely recognized as one of its foundational scholars. He authored numerous works exploring the intricacies of rhetoric, with Dala’il al-I’jaz serving as a key reference in the study. One of the major themes in balāghah is the concept of al-fasāḥah (eloquence), which serves as the formal object of this research. The focus of this study is to examine al-Jurjānī’s perspective on al-fasāḥah as presented in his work, Dala’il al-I’jaz. This study employs a qualitative descriptive approach by analyzing scholarly articles and relevant literature, with Dala’il al-I’jaz as the main material object. The findings reveal that al-Jurjānī views al-fasāḥah not merely as a matter of wording or phonetic beauty, but rather as something rooted in meaning. In his view, eloquence lies not only in the form or sound of expressions, but more importantly, in the depth and precision of the meaning conveyed.

Hery Sahputra; Wahyu Ramadhani Rambe; M. Naqsyabandi S; Khoirul Anwar

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

This studyiuses a quantitative method with a descriptive approach to analyze the concept of al-Ashil fi al-Tafsir, both in terms of its definition and characteristics. Al-Asli fi al-Tafsir is a fundamental principle in Qur’anic exegesis that refers to the primary sources in understanding the sacred text, such as theiQur’an itself, the Prophet’s hadith, ijma’ (scholarly consensus), and qiyas (analogical reasoning). This concept serves as a crucial foundation for interpreters to maintain the authenticity of interpretations so they remain aligned with the intended meaning of the revelation. This study gathers data from 15 journals discussing exegesis methodology and fundamental principles in understanding the Qur’an. The findings indicate that *al-Asli fi al-Tafsir* has several key characteristics, including adherence to the text, maintaining the original meaning, and considering the historical context of revelation. Furthermore, this principle emphasizes the importance of deep Arabic language comprehension and the continuity between the text and its practical application in daily life. Thus, this studyiprovides an in-depth insight into the fundamental principles of Qur’anic exegesis. 

Faris LC, Salman

Journal of Islamic Law and Legal Studies 2025 Mabadi Iqtishad Al Islami

This study explores the enduring legacy of Islamic legal scholarship and its significant influence on both historical and contemporary legal systems, with a particular focus on the multifaceted nature of Sharia. The research addresses the issue of misunderstanding Islamic law as rigid and outdated by highlighting its historical adaptability and intellectual richness. The primary objective is to examine how Islamic jurisprudence, particularly through the principles of Maqasid al-Shariah, has shaped legal systems and continues to inform debates on justice, human rights, and legal pluralism. Utilizing a qualitative library research methodology, the study analyzes classical Islamic legal texts, juristic methodologies, and modern interpretations to trace the evolution of Sharia from its foundational sources—the Quran and Hadith—to its integration into systems like the Ottoman and Mughal legal frameworks. The findings reveal that Sharia is not merely a codified set of rules, but a comprehensive ethical system responsive to context through tools such as Ijtihad, Qiyas, and Istislah. Moreover, the influence of Islamic law extends beyond the Muslim world, contributing to discourses on legal pluralism and ethical governance globally. Ultimately, the study demonstrates the continued relevance of Islamic legal tradition in shaping contemporary legal and moral thought in Muslim-majority societies and beyond.

Musa Azhari; Junida Sari Hasibuan

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Resolving Islamic legal issues can be done through a legal and diplomatic approach. The legal approach refers to the formal legal system, such as religious courts and religious scholars' fatwas, which prioritize legal certainty based on the sources of Islamic law, namely the Qur'an, Sunnah, Ijma', and Qiyas. Meanwhile, the diplomatic approach emphasizes more on deliberation, mediation, and negotiation in order to achieve a peaceful solution that remains based on the principles of Islamic law. The combination of these two approaches can create a resolution mechanism that is more effective, fair, and in accordance with the needs of the Muslim community. The research method applied in writing this journal is a qualitative research method with a descriptive-analytical approach. This study describes how the resolution of Islamic law is carried out legally and diplomatically and analyzes the effectiveness of each method in practice. Research data were collected through a literature study of Islamic legal sources, religious court regulations, and cases of Islamic legal settlement. The results of the study indicate that the legal approach is more effective in providing legal certainty and protection of individual rights, while the diplomatic approach is more flexible in maintaining social harmony and avoiding prolonged conflict. Therefore, integration between these two approaches is very necessary in resolving Islamic legal issues more comprehensively and fairly.

Gusti Haitsam

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Indonesian Ulema Council (MUI) has a very important role in providing religious and social guidance for Muslims in Indonesia. The history of the MUI began in 1975, with the aim of strengthening the unity of Muslims and issuing fatwas in accordance with Islamic teachings. Over time, the MUI has developed into a very influential institution in determining religious policies in Indonesia. One of the main commissions in the MUI is the Fatwa Commission, which is tasked with issuing fatwas related to current religious issues, especially in facing the challenges of the times and social problems that continue to develop. This study aims to explore the urgency of the role of the MUI Fatwa Commission in issuing fatwas that are in accordance with the needs of the Indonesian people. In addition, this study also discusses the istinbath method applied by the MUI Fatwa Commission in issuing fatwas, as well as its application to contemporary issues. This istinbath method refers to the process of deriving law from the main sources of Islam, such as the Qur'an, Hadith, Ijma', and Qiyas, taking into account the existing social context and dynamics. The results of the study show that the MUI Fatwa Commission has a very great urgency in responding to various problems of Muslims, especially those related to modern issues such as sharia economics, technology, and health issues. Through the istinbath method, the MUI has succeeded in providing fatwas that are not only based on classical texts, but are also relevant to current developments. For example, in the matter of sharia economics, the MUI has issued a fatwa that supports the sharia financial system while still paying attention to the applicable fiqh rules.

Noor Halimah; Nabila Anggraini; Indra Hassbullah; Khairin Hafijhin; Lisnawati Lisnawati +1 more

Mahdah worship holds a central position in Islamic teachings as a pure form of servitude to Allah SWT. Due to its tauqifi nature, the implementation of mahdah worship must strictly adhere to the provisions of the Sharia without additions or modifications. This study aims to examine and analyze specific fiqh principles that serve as guidelines in the practice of mahdah worship. A qualitative method with a library research approach was employed, through an in-depth review of classical and contemporary literature related to fiqh principles. The findings indicate that principles such as "the default rule in worship is tauqifi," "purity is not limited by time," and "no analogy (qiyas) applies to acts of worship whose rationale is unknown" function to safeguard the authenticity of worship practices from deviation. Understanding these principles is crucial to prevent innovations (bid‘ah) and to ensure that every act of worship remains aligned with Sharia directives. Furthermore, mastery of these principles assists muftis and jurists in issuing consistent and coherent fatwas. The implications of this study highlight the significance of fiqh education in strengthening the community’s awareness of authentic worship and providing a solid framework for evaluating religious practices amidst contemporary socio-religious dynamics.

Dina Ramadhani; Khadijah Khairatun Nisa; Frea Puspita Damayanti; Lina Marlina

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This paper focuses on the legal thought of Imam Malik bin Anas through a social historical approach. This study represents a relatively new area in Islamic legal scholarship, and therefore, it has garnered limited attention from academics. Imam Malik is one of the four imams of the Sunni schools of thought, known as ahlu hadits. Throughout his life, he never left the city of Madinah except for the pilgrimage to Mecca. His residence in Madinah, the place where the Prophet lived, greatly supported his ability to address various legal issues, most of which could be resolved through hadith. The environment of Madinah, characterized by relatively simple social problems, also influenced Imam Malik's approach. Although he is recognized as ahlu hadits, he was nonetheless affected by the use of reason in ijtihad due to the social conditions of his time. This is evidenced by his application of principles such as the practices of the people of Madinah (Amal ahli Madinah), the fatwas of the companions (sahabat), qiyas (analogical reasoning), al-maslahah mursalah (public interest), az-zari'ah (preventive measures), and al-'urf (custom) in deriving Islamic law. Like other schools of thought, Imam Malik regarded the Qur'an and hadith as primary sources in legal decision-making.

Rifka Siti Khuzaimah; Muhammad Husni Abdulah Pakarti; Diana Farid; Husain Husain; Ulummudin Ulummudin +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

During the time of Rasulullah SAW, Muslims did not need certain rules in understanding sharia law. After the spread of Futuhat Islamiyah, Arab Muslims interacted a lot with other nations who had different languages. On the other hand, the need for ijtihad is very urgent, because there are many new problems that have never occurred before and require clarity in fiqh law. So two large madrasahs emerged that reflected their ijtihad method - the Ahlir-ra'yi Madrasah used more qiyas (analogies) to generate heated debates, thus making the ulama feel the need to create written regulations that were recorded as common law in uniting these two madrasas. The hadith about being more careful in giving fatwas and qiyas gave rise to heated debate, making the ulama feel the need to make written rules which were recorded as joint laws in uniting the two madrasas. Imam Syafi'i was the first person to write a book about ushul fiqh-Imam Syafii was a great mufti of the Muslim community who was also the founder of the Syafi'i school, developing his school in Baghdad. Ushul fiqh is the postulates of fiqh which are global in nature - The object of the discussion is to study the postulates which are still of a general nature seen from their general legal provisions and the ultimate aim of studying them is to protect the Islamic religion from deviations and misuse of the postulates of the Shari'a, so that misleading carelessness does not occur.

Arofiani Mutmainah; Dina Cheetah Khairiyah; Habibah Ramadhani Nasution; Ahmad Wahyudi Zein

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to explore how the integration of the Qur'an, Sunnah, Ijma', and Qiyas becomes the main foundation in building a sharia economic framework that is relevant to modern challenges. The Qur'an, as the main source of Islamic law, provides holistic and transformative guidelines, while the Sunnah serves as an explanation and reinforcement of the principles contained in the Qur'an. On the other hand, Ijma' and Qiyas play a crucial role in formulating new laws that are not explicitly mentioned in the sacred texts, thus enabling the application of sharia in the context of contemporary economic problems that continue to develop. This study uses a literature study approach to analyze various theoretical and empirical perspectives related to the application of the four sources of law in sharia economics. The research findings show that the integration of the four sources of Islamic law not only forms a strong normative basis but also provides an understanding in responding to the needs of modern society. In this way, sharia economics can accommodate the principles of justice, poverty, and inclusiveness, which are the essence of building an economic system oriented towards collective welfare. In addition, this study critiques the challenges in implementing sharia principles, especially in the process of interpretation and adaptation to global dynamics. The limitations of conventional methodologies in integrating legal sources often become obstacles in creating solutions that are appropriate to local and global contexts. Therefore, this study suggests the need for a multidisciplinary approach involving collaboration between scholars, economists, and policy makers to ensure that sharia economics can develop consistently and relevantly to the needs of the times. These findings not only enrich academic discourse but also provide practical contributions in efforts to build a more just, sustainable, and Islamic-value-based economic order.  

Nurmakiyah Nurmakiyah; Syahfitri Syahfitri; Fatma Taufik Hidayat

Jurnal Mutiara Ilmu Akuntansi (JUMIA) 2024 Pusat Riset dan Inovasi Nasional

Nowadays, the development of transactions in fi nacial institution very rapidly, both in the new contracts, development of contracts that already exist, or a combination of the two contracts that have been established. This is a response of fi nancial institutions to the need of modern society, as well as an effort to give alternative business transactions to its customers. Derivatifs transactions is hybrid investment, grafts from the original, or new transactions arising as a form of deviation or development or specifi city of the transactions that have been established. These transactions usually have patterns similiar to original transactions, but there are different things that are infl uenced by certain considerations such as tradition, mashlahah, etc. As for the models of derivatif transactions in islamic fi nancial institution are : the merging model (include : mudarabah mushtarakah, bai’ ‘inah, bai’ tawarruq, bai’ wafa and beli gadai emas), improvement ( include : mudarabah and musharakah with jaminan, mudarabah and musharakah parrarel, and rahn tasjily), and qiyas model (include : paroan, pro telon, pro papat, etc). Ulama have argued that derivatif transactions based on the principle “al-ashlu fi al-mu’amalah al-ibahah, hatta yadullu al-dalil ‘ala tahrimihi. Departing from this principle, then the Ulama allow, ikhtilaf, and forbid the derivatif transaction.

Agus Rifki Ridwan; Syarwan Hd; Septi Wahyu Ningsih; Saribun Saribun

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Islamic teachings are a life guide for muslims that originate from various important references. These sources of Islamic teachings are the basis for living a life in accordance with Allah's commands and the guidance of His Messenger. There are four main sources recognized in Islamic teachings, namely the Al-Qur'an, Hadith, Ijma', and Qiyas. The Al-Qur'an is the holy book of Muslims which is believed to be a revelation from Allah SWT which was conveyed to the Prophet Muhammad SAW, while the Hadith is a collection of sayings, actions and approvals of the Prophet Muhammad SAW which serve as a guide in understanding and practicing Islamic teachings. This article aims to examine the role and importance of these four sources in shaping the law, ethics and social life of Muslims. Through qualitative research methods with a descriptive-analytical approach, the research results show that the Al-Qur'an and Hadith are closely related in shaping Muslims' understanding of religion. In addition, this article also examines how ulama use these two sources in establishing Islamic law (shariah) and how these teachings are applied in different socio-cultural contexts. Thus, this research strengthens the importance of understanding in depth the two sources of Islamic teachings in order to apply them in everyday life.

Muh. Aqsho Che Athoriq. R; Ferdiansa Putra; Rangga Mahesa; Kurniati Kurniati

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study examines the legal istinbath method applied by Imam Syafi'i, especially in the context of solving sexual harassment cases in Indonesia. Legal identity, which etymologically means the excavation of law by deep reasoning, is used to determine the law in matters that are not directly regulated by the Qur'an and Hadith. Imam Shafi'i, through his major works such as "Al-Umm" and "Al-Risalah," explains the basic principles and methodologies used to establish the law by incorporating the main sources of Islamic law, namely the Qur'an, Hadith, Ijma', and Qiyas. This study uses a qualitative method with descriptive analysis of primary and secondary sources, including books and scientific articles that discuss the istinbath method of Imam Shafi'i. The results of the study show that the legal principles generated by this method are very relevant and adaptive in dealing with modern cases such as sexual harassment, which is often triggered by patriarchal culture. Imam Shafi'i's method of legal istinbath, which prioritizes the hierarchy of legal sources and the use of sharp reason, has proven to be able to adapt to the times and continues to be useful in solving modern legal problems. This research also highlights the views of contemporary scholars who provide a new interpretation of this classical method, demonstrating the relevance and effectiveness of the legal istinbath method in dealing with contemporary issues. Thus, this study concludes that the istinbath method of Imam Shafi'i law is a very useful tool to ensure justice and benefits in solving sexual harassment cases in the modern era.

Bangkit Nugraha; Ariska Sara; Naila Nur Hikmah; Samsul Ma’arif; Izmi Nurul Azizah +2 more

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

At first, the Khawarij emerged on the scene of kalam thought from a political point of view, as they disagreed with Ali bin Abi Talib and Mu'awiyah bin Abi Sufyan's approach to resolving Muslim disputes by arbitration (tahkim). However, later kalam thought developed in a theological direction. The Khawarij argued that resolving Muslim conflicts through tahkim violated God's law and was a great sin, so the blood of those who did tahkim was halal. Their attitudes and behavior were influenced by Khawarij teachings, including the issue of the position of caliph, mu'amalah among non-Khawarij Muslims, and zuhud and worship. In addition to beliefs such as understanding the nature of faith and tawhid, Allah's promises and threats, the Qur'an is a creature, and takwil and qiyas are also the basis of their actions. Historically, Khawarij split into various sects such as Azariqah, Shufriyah and Ibadhiyah. This paper will discuss the historical issues of the emergence of Khawarij, teachings and sects in Khawarij.