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The rapid development of digital service platforms, particularly online motorcycle taxi services, has transformed modern economic transaction patterns, where the relationship between drivers and consumers is categorized as an ijarah (service lease) contract. However, in practice, various forms of breach of contract (wanprestasi) frequently occur and potentially harm one of the parties. This study aims to analyze the concept of the ijarah contract, identify the forms of wanprestasi, and review them based on Sharia Economic Law principles. This qualitative normative research employs a literature-based approach, utilizing secondary data from classical fiqh books, DSN-MUI fatwas, the Indonesian Civil Code, and reputable academic journals, which are analyzed descriptively-analytically. The findings reveal that breaches occur in three typologies: unilateral cancellation by consumers (ta'addi), negligence and fictitious account manipulation by drivers (taqshir and tadlis), and disproportionate cancel fee policies by platforms, indicating structural dzulm. From a sharia perspective, the settlement of wanprestasi requires compensation (ta'widh) calculated based on actual loss without riba elements, while classifying technical obstacles as force majeure under a fault-based liability approach. This study implies the need to reconstruct the digital ecosystem so that it is not only formally valid but also enforces substantive justice based on maslahah (public interest), al-‘adl (justice), mas,uliyyah (responsibility), and tawazun (proportional balance)

The impact of sighar marriage on the younger generation from the perspective of Islamic law, social, and psychological. The main problem raised is the practice of marriage without dowry which places women as objects of exchange, thus ignoring their rights and causing the invalidity of the contract according to a number of scholars. The purpose of this study is to analyze the social, legal, and religious consequences of sighar marriage and its implications on the formation of children's identity and family resilience. The research method uses a literature study with a normative-comparative approach, referring to classical fiqh literature, hadith, and contemporary academic studies that compare the views of the Shafi'i, Maliki, Hanbali, and Hanafi schools. The results of the study show that nikah syighar has an impact on the neglect of women's rights, the normalization of objectification, household instability, the crisis of children's identity, and the weakening of family institutions. In addition, this practice is contrary to maqasid al-shari'ah, thus undermining the sacred value of marriage as worship and a means of moral development. These findings underscore the need for Islamic family law regulation and education to protect the younger generation from the practice of illegal and harmful marriage.

Within the framework of Islamic family law (fiqh munakahat), the issue of nusyuz plays a significant role, as it is closely related to maintaining harmony and stability in the marital relationship. Generally, nusyuz is often defined as a form of a wife’s disobedience toward her husband. However, Islamic jurisprudence acknowledges that nusyuz can also be committed by a husband if he fails to fulfill the rights, responsibilities, and obligations he owes to his wife, in accordance with the principles of Sharia. This study aims to provide a comprehensive analysis of the concept of nusyuz in the context of family life, from the perspective of fiqh munakahat. The discussion covers the meaning and characteristics of nusyuz, its legal basis in Islamic sources, the factors contributing to its emergence, its various manifestations in married life, its implications for family relationships, and existing methods for addressing this issue. This study employs a literature review method supported by a descriptive qualitative approach, drawing on relevant literature from classical and contemporary Islamic legal sources. The results indicate that resolving issues of nusyuz should be approached through a gradual and constructive process, including counseling, dialogue, mediation, consultation, and reconciliation. These steps aim to restore mutual understanding and strengthen family unity. Therefore, raising awareness of each spouse’s rights and obligations is crucial to preventing nusyuz and creating a household filled with peace, love, mutual respect, and intimacy.

This study analyzes the minimum age of marriage in Islamic jurisprudence and compares it with the positive law regulations in Indonesia and Malaysia. Using a normative legal method with comparative and conceptual approaches, the study draws on primary sources, including the Qur'an, hadith, Law Number 16 of 2019 on Marriage in Indonesia, and the Islamic Family Law (Federal Territories) Act 1984 in Malaysia. The analysis focuses on how Islamic legal principles concerning marriage eligibility are interpreted and incorporated into contemporary legal frameworks in both countries. The findings reveal that Islamic jurisprudence (fiqh) associates marital readiness with the concept of baligh (puberty) without prescribing a specific numerical age, whereas state law establishes fixed minimum age requirements to safeguard the rights and welfare of women and children. Indonesia sets the minimum marriage age at 19 years for both males and females, while Malaysia prescribes 18 years for males and 16 years for females, with judicial dispensation available in both jurisdictions under certain circumstances. These legal arrangements demonstrate each country's effort to harmonize classical Islamic jurisprudence with contemporary social protection objectives through institutional ijtihad, reflecting a balance between religious principles, legal certainty, and public welfare in regulating marriage.

Islamic religious education at the Madrasah Diniyah level often relies on passive, one-directional teaching methods that reduce madrasah student engagement and long-term retention. This community service study aimed to improve the quality of Fiqh instruction at Madrasah Diniyah Al-Ishlah Kalirejo, Pasuruan, by implementing kinesthetic games, Small Group Discussion (SGD), and visual teaching aids within the framework of Kitab Mabadi’ Fiqhiyyah. A qualitative descriptive approach was employed through four participatory observation sessions, with visual documentation serving as primary data. The program was implemented in four thematic meetings covering funeral prayer procedures, tayammum, hajj simulation (tawaf), and najis classification. Findings indicate that kinesthetic games effectively reduced affective barriers and increased student focus, while the SGD model with a 1:8 mentor-to-student ratio enabled precise procedural correction for motor-based worship practices. The use of concrete teaching aids successfully transformed abstract Fiqh concepts into tangible, memorable knowledge. This study concludes that the integration of active learning methods, small-group mentoring, and visual media within traditional Islamic education settings can significantly enhance student engagement and comprehension. These findings offer a replicable pedagogical model for Madrasah Diniyah educators seeking to modernize instruction while preserving classical curriculum integrity.

The steady increase in divorce cases in Indonesia suggests that many couples begin married life without adequate emotional, financial, or intellectual readiness. In response, the government encourages premarital education as a preventive initiative designed to equip future spouses with the skills needed to manage potential domestic difficulties. Viewed through the lens of maqāṣid al-sharī‘ah, this initiative supports the essential goals of Islamic law, namely the promotion of well-being at the personal, family, community, and national levels. This study argues that premarital education reflects the core principles of Islamic legal ethics and functions as a normative expression of the sharī‘ah. Using a normative-theoretical legal framework combined with a maqāṣid al-sharī‘ah analysis, the research engages Qur’anic and Hadith texts, classical and modern fiqh discussions, uṣūl al-fiqh, Indonesian regulatory provisions on premarital counseling, and scholarly works on Islamic Family Law. The results show that major triggers of marital breakdown emotional instability, financial pressure, recurring disputes, and limited understanding of marital responsibilities can be reduced through structured premarital education. These programs strengthen spiritual awareness, emotional resilience, communication skills, conflict-resolution abilities, and economic management. Consequently, premarital education becomes a strategic mechanism for nurturing harmonious households and reinforcing the framework of Islamic Family Law in Indonesia, positioning it as a sharī‘ah oriented tool vital for contemporary social welfare.  

This study aims to comprehensively examine the concept of intention and the recitation of Surah Al-Fatihah in prayer from the perspective of the four imams of the schools of jurisprudence: Hanafi, Maliki, Shafi’i, and Hanbali. The background of this study is based on the existence of differing opinions among scholars, which often cause confusion among the public regarding the correct practice of prayer. The method used is qualitative research in the form of a literature review (library research), through data collection from classical fiqh texts, scientific journals, and other relevant literature. The data analysis technique employs a descriptive-comparative approach to identify the similarities and differences in the views of each school of thought. The results of the study indicate that all schools of thought agree that intention is an act of the heart that constitutes a valid condition for prayer, yet they differ regarding the timing of its performance and its verbalization. Regarding the recitation of Surah Al-Fatihah, the Shafi’i school mandates it as a pillar in every rak’ah, whereas the Hanafi school does not consider it a pillar. The Maliki and Hanbali schools adopt a moderate stance by granting leniency under certain conditions. These differences reflect the richness of Islamic jurisprudence, which is dynamic and flexible. This study is expected to provide a more comprehensive understanding and foster an attitude of tolerance in addressing differences in worship practices.

Abstract This study aims to analyze the level of digital literacy among students of the Islamic Religious Education (PAI) study program at State Islamic Higher Education Institutions (PTKIN) and its implications for the quality of their understanding of fiqh al-ibadah. Employing a descriptive qualitative approach with data collection techniques comprising comprehensive literature study and analysis of student digital behavior trends, this research identifies two poles interacting dynamically: on one hand, the expansion of access to religious content through digital platforms has opened unprecedented opportunities for democratizing Islamic jurisprudence knowledge; on the other, the tendency toward instant content consumption potentially reduces depth of understanding of ijtihad methodology and classical fiqh epistemology. Findings indicate that PAI students generally possess adequate technical digital skills, yet remain weak in the critical literacy dimension namely the ability to evaluate the validity, authority, and religious context of digital sources. This phenomenon produces a literacy paradox: students who appear "digitally literate" operationally are paradoxically vulnerable to fragmented and superficial fiqh understanding. This study recommends integrating critical digital literacy education into the PAI curriculum at PTKIN  not as an elective add-on, but as a core competency embedded inseparably within the broader process of fiqh learning. Only through this approach can PAI students leverage digital platforms optimally as tools that strengthen, rather than replace, the structured and methodological tradition of Islamic scholarship

Maintenance neglect is a fundamental marital violation and a primary factor in high divorce rates. Currently, normative clashes exist between the classical fiqh approach in the Compilation of Islamic Law, such as the nusyuz concept, and the absolute penal regime in the Elimination of Domestic Violence Act. Furthermore, wives forced to file for divorce lawsuits often face post-divorce financial injustice. This normative research aims to analyze the integration of fiqh and Indonesian positive law to provide comprehensive legal protection for wives. Utilizing statutory and conceptual approaches based on Maqashid al-Shari'ah, the findings highlight the urgency for a gender-neutral reconstruction of nusyuz that includes the husband's nusyuz. Criminal proceedings for economic neglect under the Domestic Violence Act must also be synergized with a restorative justice approach. In the courts, protection can be optimized through the application of judges’ ex officio rights based on Supreme Court Regulation No. 3 of 2017 to secure post-divorce maintenance. The implication of this research demands national regulatory harmonization and the reformulation of court executory instruments to ensure the fulfillment of victims’ rights.

The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

The history of the growth and development of schools of thought is an important part of comparative fiqh studies because it describes the dynamics of Islamic legal thought from the time of the companions to the period of codification of schools of thought. This study is motivated by the importance of understanding the historical process of the birth of schools of fiqh as an effort to place differences of opinion in a proportional and scientific manner. This study aims to analyze the growth and development of schools of thought in Islamic law and the factors that influence them. The method used is library research by examining various classical and contemporary literature relevant to the study theme. The results of the study show that major schools of thought such as Hanafi, Maliki, Shafi'i, and Hanbali developed through a process of ijtihad influenced by social, cultural, political conditions, and differences in the methodology of istinbāṭ law. This development does not indicate division, but rather enriches the treasury of Islamic law and provides flexibility in responding to the issues of the ummah in various contexts. The implication of this study is the importance of historical understanding in comparative fiqh studies in order to build a tolerant attitude towards ikhtilaf and strengthen the relevance of Islamic law in facing the dynamics of modern society.

The family is the smallest unit in society, within which rights and obligations exist as in social life in general. In fulfilling individual needs and interests, conflicts often arise, including disputes over inheritance distribution. Inheritance refers to the property left behind by a deceased person, which must be distributed to entitled heirs in accordance with Islamic law or customary law applicable within the community. Problems frequently emerge regarding the position of substitute heirs, particularly nephews, within the Islamic inheritance system. This study entitled “Various Aspects of Family Law in Indonesia: The Problematics of the Position of Nephews as Substitute Heirs in Islamic Law” aims to examine the status of substitute heirs in inheritance distribution and to identify the conditions under which substitute heirs are recognized in Islamic law. The research employs a normative method with a library-based approach, analyzing classical fiqh literature and scholarly opinions. The data consist of primary and secondary sources collected through document study. The findings indicate that a substitute heir is recognized when the primary heir dies after the testator but before the inheritance has been distributed, allowing the substitute heir to receive the share in accordance with Islamic legal provisions.

Obligatory prayer is a fundamental act of worship in Islam; performing it earns reward, while neglecting it results in sin for those who have fulfilled the required conditions, namely being of legal age (baligh), of sound mind, and free from ritual impurity (hadath). The background of this study is important for understanding how the values upheld by classical fiqh scholars and Islamic teachings can be interpreted in a way that connects traditional understanding with the needs of the Muslim community in the modern era. This research aims to identify, analyze, and compare the values of farḍu prayer based on the perspectives of different groups of scholars. The results show that classical scholars emphasize values such as obedience, order, legal aspects, discipline, and devotion (khushu’). In contrast, contemporary scholars place greater emphasis on personal transformation, social ethics, and the importance of prayer in shaping the character of the modern Muslim.The conclusion is that these two perspectives can be integrated to provide a more comprehensive understanding of the values of farḍu prayer that remain relevant for all times. Farḍu prayer holds a central position in Islam as the second pillar of Islam after the declaration of faith (shahada) and consists of five daily prayers: Fajr, Dhuhr, Asr, Maghrib, and Isha.

This article examines in depth the concept of protecting human dignity through the regulation of gaze and physical contact among mahram according to the Shafi‘i School of Islamic law. From an Islamic perspective, the preservation of dignity (ḥifẓ al-‘irḍ) occupies a highly fundamental position as part of the objectives of Islamic law, particularly in regulating social relations and family interactions. Although mahram relationships legally allow closer interaction, Islam continues to establish ethical boundaries to safeguard purity and moral values. This study is a normative legal research employing conceptual and normative-fiqh approaches, relying on primary sources such as the Qur’an, the Prophetic traditions (hadith), and classical as well as contemporary Shafi‘i jurisprudential literature. The findings indicate that the Shafi‘i School does not regard mahram relations as a sphere of absolute and unrestricted freedom, but instead provides clear regulations concerning gaze and physical contact. Visual interaction is permitted in a limited manner, restricted to certain parts of the body and subject to the condition that it does not provoke desire or potential moral temptation (fitnah). Meanwhile, physical contact is regulated more strictly and, in principle, is only permitted in situations of legitimate shar‘i necessity, such as medical treatment or emergency circumstances. Therefore, the regulation of gaze and physical contact among mahram in the Shafi‘i School functions as an instrument for protecting human dignity, preserving the sanctity of family relationships, and preventing behavioral deviations from an early stage.

This study analyzes the implementation of Islamic inheritance law (mawaris) in contemporary Muslim society as a means to realize justice and blessing (barakah) in the distribution of inherited wealth. The research is motivated by the growing number of inheritance disputes caused by limited understanding of faraid principles, the persistence of customary inheritance practices, and the coexistence of national legal systems that often diverge from Islamic inheritance regulations. These conditions frequently lead to unequal distribution and family conflicts. The study aims to examine the relevance of mawaris in modern contexts and to explore how its application, when aligned with the objectives of Islamic law (maqasid al-shariah), can address current social challenges. Employing a qualitative method with a normative library research approach, the study draws on primary sources such as the Qur’an, Hadith, and classical fiqh texts, as well as secondary sources including contemporary books and scholarly journal articles. Data were analyzed through content analysis to identify key concepts and arguments regarding the contemporary application of mawaris. The findings show that proper implementation of Islamic inheritance law fosters justice, minimizes family disputes, strengthens kinship ties, and safeguards the blessing of wealth. Nevertheless, insufficient public literacy on Islamic inheritance law and the dominance of non-sharia considerations remain significant barriers. Therefore, the study underscores the need for enhanced public education, greater involvement of religious scholars in inheritance mediation, and contextual integration of Islamic legal principles to ensure fair and beneficial inheritance distribution in modern Muslim families.

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.

This study discusses the relevance and role of hybrid learning strategies as a conceptual solution to the crisis of effectiveness in traditional fiqh learning in Islamic boarding schools in the digital age. The background of this study stems from the problem of declining efficiency and interactivity of classical learning methods such as sorogan and bandongan amid technological developments that demand pedagogical innovation. This study aims to analyze theoretically how the integration of traditional pesantren values and modern learning approaches can be applied without eliminating spiritual identity and scientific sanad. The method used is library research with a descriptive-analytical approach through a review of the latest scientific literature on Islamic education and hybrid learning. The results show that a hybrid learning model based on synchronous and asynchronous approaches can increase flexibility, effectiveness, and student participation in the learning process, while maintaining personal relationships with teachers. The theoretical implications enrich the concept of integrating Islamic education and technology, while the practical implications offer an adaptive curriculum model for Islamic boarding schools to respond to the challenges of the digital age without abandoning Islamic values.

The book Uqūd al-Lujjayn fī Bayān Ḥuqūq az-Zaujayn by Sheikh Nawawi al-Bantani is one of the classical texts that is very popular among Islamic boarding schools and the Muslim community of the archipelago. However, in contemporary discourse, this book is often the target of criticism from Muslim feminists who accuse it of being full of gender bias and patriarchal. This criticism arises because of discussions about the wife's obligation to obey her husband, the prohibition of leaving the house without permission, and the husband's permissibility to reprimand his wife who is considered nusyūz. This paper attempts to conduct a philological and hermeneutic analysis of the text Uqūd al-Lujjayn by reviewing the historical, methodological, and fiqh reference sources of Sheikh Nawawi al-Bantani. This study found that the patriarchal character in the book is pseudo (pseudo), not ideological. Sheikh Nawawi actually wrote this book within the tradition of Islamic jurisprudence (fiqh akhlaqiyyah), not as a legitimation of male power over women. Through a philological approach, it was found that the text's structure and selection of hadith in this book aimed to educate household morals, not to reinforce the patriarchal system. Therefore, accusations of gender bias against Sheikh Nawawi require methodological reexamination to avoid falling into ahistorical ideological readings.

Injustice against women in contemporary Islamic law practice is still a serious problem, especially in cases of divorce, child custody, and the division of common property, which are often decided textually without considering the social, economic, and psychological aspects of women. This phenomenon shows that the application of Islamic law is still normative and does not fully reflect substantive justice as the purpose of maqāṣid al-syarī'ah. This research aims to analyze the nature of justice for women in the modern era, identify the steps needed to realize this justice, and formulate Islamic legal solutions based on maqāṣid al-syarī'ah that can be applied contextually in the religious justice system. The research method used is qualitative with a normative-empirical approach through literature analysis, case studies, and empirical data from religious court decisions and reports of official institutions such as Komnas Perempuan. The results of the study show that justice for women can only be achieved through a dynamic maqāṣid approach, by placing the interests of women and children above the legal-formalities of classical fiqh. The efforts needed include the integration of empirical data in judges' decisions, reform of religious justice policies, increasing the capacity of judges in understanding maqāṣid, and empowering women through legal literacy.

Contemporary developments in science, technology, and socio-cultural dynamics have given rise to various new fiqh issues (masailul al-fiqhiyyah al-mu‘ashirah) that were not explicitly discussed in classical Islamic jurisprudence. These contemporary fiqh issues demand contextual ijtihad that is responsive to current realities while remaining grounded in Islamic legal principles. This study aims to analyze contemporary fiqh issues and examine their implications for the moral formation of students in Islamic education. This research employs a qualitative library research approach by analyzing classical fiqh literature, contemporary fiqh studies, and relevant educational theories. The findings indicate that contemporary fiqh issues such as digital ethics, biomedical technology, and socio-economic practices carry significant moral dimensions that directly influence students’ attitudes and behavior. Integrating contemporary fiqh discourse into Islamic education encourages critical thinking, moral reasoning, and ethical awareness among learners. Therefore, contemporary fiqh learning not only functions as a legal reference but also as a strategic instrument for strengthening students’ moral character in accordance with Islamic values. The study implies that Islamic education institutions should contextualize fiqh instruction to address contemporary moral challenges faced by students.