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The acceptance of family witnesses in divorce cases resulting from violations of taklik talak remains a subject of legal debate within the Indonesian Religious Courts. This debate arises from the normative tension between Article 145 of the Het Herziene Indonesisch Reglement (HIR), which restricts testimony from family members, and the need to uncover material truth in private domestic disputes, particularly in default judgments where the defendant fails to appear before the court. This study aims to analyze the legal basis underlying judges’ considerations in accepting family witnesses in divorce cases caused by violations of taklik talak, using Decision Number 32/Pdt.G/2017/PA.Pkl as a case study. The research employs a normative juridical approach with a descriptive-analytical method. Data were collected through library research and document analysis of relevant court decisions. The analysis links legal facts with procedural law in religious courts, the theory of rechtsvinding, and the concept of substantive justice. The findings indicate that the acceptance of family witnesses can be legally justified based on Article 76 of Law Number 7 of 1989 concerning Religious Courts as a lex specialis provision, the judges’ authority to conduct legal discovery under Law Number 48 of 2009 concerning Judicial Power, and principles of ushul fiqh and fiqhiyyah that support the realization of substantive justice. This study offers a reconstruction of the juridical legitimacy of family witness acceptance through the integration of positive law and Islamic law to strengthen legal certainty in religious court practices.

The concept of naskh and mansukh is one of the most crucial methodological instruments in the discipline of Ushul Fiqh, serving to dissect the dynamics of Islamic law determination (tasyri') diachronically. This article aims to comprehensively analyze how the mechanism of naskh operates within the Al-Qur'an and Hadith and its juridical implications on the process of istinbath (deduction) of Islamic law. The urgency of this study lies in the fact that a flawed understanding of the abrogated verses can lead a mujtahid to establish laws that are juridically expired. Utilizing a qualitative-normative research method with a socio-historical approach, this article explores the classifications of naskh, ranging from the sharp debate over the Sunnah's authority to abrogate the Al-Qur'an to the fundamental differences between naskh, takhshish, and taqyid. The analysis also encompasses a comparative study of the views among the four major schools of thought (Hanafi, Maliki, Syafi'i, and Hanbali) in responding to conflicting evidences. The findings indicate that naskh is not an indication of inconsistency within Divine revelation, but rather a manifestation of the principles of tadarruj (gradualism) and taysir (facilitation) that accommodate the mental readiness of the community and the welfare of human beings. Practical implications of this concept are found in the evolution of laws concerning the direction of the qiblah, the iddah period, and the prohibition of khamr. Through a profound understanding of naskh, Islamic law demonstrates its elasticity in addressing contemporary challenges without losing its divine substance. In the modern era, this principle can be actualized in national legislative drafting through gradual regulatory methods.

The phenomenon of the “Sandwich Generation” (SG) in Indonesia, where individuals of productive age (30-40 years old) bear a double financial burden—supporting the needs of their children and immediate family (furu') while also supporting their elderly parents (ushul)—has become a widespread social and financial challenge. This pressure, exacerbated by inadequate income and low financial literacy, forces 94% of SG respondents to set aside their personal interests. This dilemma calls for a clear Sharia analysis of the priority scale of financial support. This article aims to analyze the SG maintenance dilemma through the Qawa'id Fiqhiyyah (Fiqh Principles) framework to establish a hierarchy of financial obligations. The two main principles used are Al-Farḍu afḍalu mina an-Nafli (Absolute Obligation takes precedence over Sunnah) and Al-Wājib lā yutrak illā liwājibin (An Obligation cannot be abandoned except for another Obligation). Fiqh analysis shows that the resolution of priority conflicts is based on the classification of the legal status of the recipient of alms, distinguishing between absolute obligations (Adami rights, contractual) and conditional obligations (wajib zhanni, Allah's rights). Key findings establish Sharia priorities in conditions of limitation: Self, Wife and Children (Absolute Obligations), Parents (Conditional Obligations), Siblings/Relatives (Sunnah/Nafl). This priority is established to protect the nuclear family unit as the foundation of society, in line with Maqāṣid ash-Sharīʿah (Sharia Objectives).

In this study discusses the role of Hadith as the second source of Islamic law after the Qur'an, which serves as a guide to life in explaining and detailing Islamic laws. The author uses a qualitative approach to literature studies, collecting information from various books and relevant journals. The discussion covers the understanding of Hadith, its types, and its relationship with the Qur'an, including the challenges in understanding Hadith in the modern era. The results of this study show that Hadith is important in explaining the verses of the Qur'an that are general in nature and become the basis in the process of ijtihad. Conclusion in this study a deep understanding of the Hadith is very important for Muslims to run the teachings according to the guidance of the Prophet Muhammad.

This study aims to examine the position of the Qur’an as a source of law in Islam with the ushul fiqh approach. The main focus of this study is the exploration of Islamic thought related to the development of Qur’anic law. The method used is a qualitative approach through library studies, where data is collected from primary and secondary sources. The results of the study indicate that the Qur’an has the highest authority in the Islamic legal system, is dynamic, and open to methodological interpretation. Thus. This study reveals that a contextual understanding of the texts of the Qur’an is very important to answer complex legal issues in the contemporary era.

A Economic inequality is a global issue that has an impact on social stability and people's welfare. To overcome this problem, government intervention is needed through fiscal policy. From the perspective of sharia maqashid, the main goal of economic policy is to maintain the benefit of the ummah through the fulfillment of basic needs, equitable distribution of wealth, and protection of the rights of individuals and communities. One of the scholars who made a great contribution to the thinking of sharia maqashid in economics was Imam Al-Syatibi. Imam Al-Syatibi, a prominent s cholar of ushul fiqh in the 14th century, is known for his contribution in developing the concept of maqasid sharia, which is the goals of Islamic sharia that focus on the benefit of mankind. Imam Al-Shatibi's thought is not only limited to the realm of Islamic law, but also provides a deep perspective in the field of Islamic economics. This research aims to explore Imam Al-Syatibi's economic thinking, especially how the principles of maqasid sharia are applied in economic activities to achieve welfare and social justice. Through a descriptive qualitative approach, this research analyzes the economic concepts proposed by Imam Al-Syatibi and their relevance in the context of modern economics. The results of the study show that Imam Al-Shatibi's thinking emphasizes the importance of a balance between individual and societal needs, as well as the need for fair economic regulation in accordance with sharia principles.

This study examines the application of Qawaid al-Fiqhiyyah al-Ammah in the legal framework of interfaith marriage within Indonesia’s multicultural society, characterized by religious and cultural diversity. The research background highlights the challenge of aligning sharia principles with the social dynamics of a multicultural context, particularly concerning the potential harm of interfaith marriages. The objective is to understand how fiqh principles, such as Ad-Dhararu Yuzal and Kullu Syarthin Mukhaalif Li Ushul al-Syari’ah Fa Huwa Baathil, serve as methodological tools to evaluate the law of interfaith marriage. A qualitative approach is employed, utilizing normative-juridical and descriptive-analytical methods. The normative-juridical analysis involves studying the Qur’an (Surah Al-Baqarah: 221 and Al-Maidah: 5) and fiqh principles, while the descriptive-analytical approach explores the perspectives of fiqh schools (Hanafi, Maliki, Shafi’i, Hanbali) and Indonesia’s social realities. Data were collected through a literature review, including classical fiqh texts, academic journals, and contemporary Islamic legal documents, analyzed deductively and inductively. The study provides a comprehensive understanding of the flexibility of fiqh principles in addressing interfaith marriage challenges while upholding sharia and minimizing social harm.

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.

This abstract discusses the history of the development of ushul which includes the role of influential figures and books in the discipline. The history of the development of ushul fiqh began from the beginning of the Islamic era to the modern era. This article aims to discuss the figures of ushuliyyah who have a role in compiling books that are the basis for understanding the principles of ushul fiqh. The research methodology used in reviewing this article is descriptive qualitative. This article also uses a library research approach, and data collection carried out in this article is carried out by reviewing or searching for sources from several journals, books, and research that has been done (both printed and electronic). Based on the results of the data analysis, it is known that the main figures of ushuliyyah have produced ushul fiqh books such as As-Syafi'i with the book "Al-Umm" Malik bin Anas with the book "Al-Muwatta", and Al-Sarakhsi with the book "Al-Mabsut" which is a general basis for understanding Islamic law. The development of ushul fiqh is also influenced by the thoughts and contributions of other figures whose works remain an important foundation in the study of ushul fiqh to this day.

It cannot be denied that every Muslim believes in the oneness of Allah and the apostleship of the Prophet Muhammad. But we also need to realize that humans are not only required to believe in the Prophet, but are required to follow and imitate him. Thus, just believing is not enough. However, you need to realize that imitating the Prophet does not mean following exactly everything the Prophet did, and abandoning everything he did not do. There are at least three problems that will arise if the establishment of Islamic law ignores ushuliyah rules; ambiguity in the use of ushuliyah rules, errors in understanding texts in the Al-Qur'an and Hadith, and broad interpretations because they are not focused on one or several ushuliyah rules. This illustrates that the position of ushuliyah rules: al-am, al-khas, al-amru and an-nahyu is very important as a methodology for determining Islamic law. The aim of the research is to determine the ushuliyah al-am, al-khas, al-amru and an-nahyu approaches as methodologies, procedures and problems in determining Islamic law. This research is qualitative research in the form of literature with an Ushul Fiqh approach.

The purpose of this study is to examine the principles of maqashid sharia in the tourism industry of Camplong Beach, Sampang Regency. It is expected that maqashid sharia which has five main objectives, namely protection of religion, soul, mind, descendants, and property, will offer a moral and ethical basis for sharia-based tourism management. Camplong Beach has a lot of potential to uphold the values ​​of maqashid sharia as a developing tourist resort. By using field research techniques, interviews, and documentation, this study takes a qualitative approach. The conclusion of the study shows that a number of maqashid sharia values, including preserving the environment (hifz an-nasl), empowering the local economy (hifz al-mal), and educating and promoting religious values ​​to tourists (hifz ad-dtn), can be used to manage Camplong Beach tourism. Thus, it is expected that the application of the concept of maqashid sharia in tourism management will encourage sustainability and provide a wider positive influence on local residents and tourists. Thus, Camplong Beach can be an example of sharia tourism that is financially successful and in accordance with Islamic law.

Rules in Islam such as Amm and Kash as well as Amr and Nahi are used to understand Islamic law. Where these rules are the basis of Ushul fiqih, which discusses the methodology of determining Islamic law. This study uses a literature research method to understand how these rules are used to understand amm and kash as well as amr and nahi in Ushul fiqih. This data is collected from various written sources such as books, journals, literature and scientific publications. The rule of 'amm and kash' is used to understand the verses of the Qur'an and Hadith. "Amm means general rules and kash means special rules. " Therefore, these rules help determine the laws that apply in general and specifically in Islam. For example, the rule of "amm" can be used to understand verses that are generally applicable to all Muslims, while the rule of khash can be used to understand verses that apply specifically to certain situations. Amr and Nahi are used in understanding Islamic law. Amr means command and nahi means prohibition. These rules are crucial in determining which laws to follow or avoid in Islam. For example, amr can be used to understand the command to pray, and nahi can be used to understand the prohibition of adultery. The results of this study show that the rules of "Amm, Khash, Amr, and Nahi" are very important in enforcing Islamic law. An in-depth study of these rules will help to understand the meaning of sharia statements (Al-Quran and Hadith) more accurately and comprehensively. Misunderstandings in interpreting sharia provisions can be fatal. Therefore, understanding these rules is an important means of avoiding misinterpretation or misleading. This study will also enrich the treasures of Islamic science, especially in the field of Ushul fiqh and Islamic Law. Understanding these rules will help Muslims gain a deeper and more comprehensive understanding of their religious teachings and enable them to practice them more accurately and responsibly. Therefore, this research will help Muslims to face various situations and problems in daily life more wisely.

Ushul Fiqh is the science of law in Islam which studies rules, theories and sources in detail in order to produce Islamic law taken from these sources. Knowledge of the postulates of fiqh as a whole and the procedures for deriving legal conclusions from them as well as the conditions under which the conclusions are drawn. Ushul Fiqh is also a science that discusses the basic rules (principles) in understanding Islamic law from its detailed sources, namely the Al-Quran and Hadith which relate to human actions that are burdened by law (mukallaf), both regarding matters of action. everyday birth. Fiqh with all its laws is a product of Ushul Fiqh. In understanding religious texts, Ushul Fiqh scholars use various rules, including mutlaq, muqayyad, mujmal, and mubayyan. This journal discusses the important role of these four rules in the process of understanding and interpreting religious texts.

After the enactment of Presidential Decree no. 12 of 2020 and PP no. 21 of 2020 regarding Covid-19 and PSBB, many public services experienced disruption, including marriage services. To avoid crowds at the District KUA, the number of marriage ceremonies is limited to eight couples per day. However, the Kabanjahe District KUA reported an increase in marriage requests in recent times, especially during the pandemic. Therefore, researchers are interested in examining the impact of the Covid-19 pandemic on marriage contracts at the KUA Kabanjahe District in 2022, with a focus on the implementation of Presidential Decree no. 12 of 2020 and PP no. 21 of 2020, especially the principle of mashlahah murlahah, is considered impermissible because it can cause harm or damage to humanity. This legal determination is based on the principle of ushul fiqh which states that "rejecting damage must take precedence over bringing benefit". In this context, the damage referred to is the risk of spreading Covid-19 among the Walimatul 'Ursy participants. Meanwhile, bringing benefit means continuing to carry out walimatul 'ursy as a form of notification to the public about the existence of a bond between the bride and groom's families. Supporting factors for this include good coordination between the KUA and assistants such as the Covid-19 officer unit, health educators and community leaders who are aware of social restrictions. Meanwhile, the inhibiting factor is the lack of public awareness regarding the importance of complying with regulations.

Banking has an important role in the development and support of the country's economy, especially after the enactment of Law Number 10 of 1998 concerning Banking. Islamic economics in Indonesia has now begun to be recognized and approved by the public, given the proliferation of Islamic-based banks making people understand the systems in Islamic economics. The establishment of the Islamic Development Bank (IDB) in 1975 triggered the establishment of Islamic banks around the world including Indonesia. The birth of Law Number 21 of 2008 concerning Islamic Banking is a guarantee for the existence and legal protection of Islamic banking after the last decade of its existence which only regulates one of the principles of profit sharing which does not definitively and comprehensively regulate bank activities based on sharia principles. The method used in this research uses qualitative research methods using interview, observation and documentation techniques. This type of research uses descriptive analysis. The development of Islamic economic law in the future must increasingly refer to the protection of the benefit of the people by using maqashid sharia as a methodology and perspective. To establish economic law that falls within the scope of muamalah fiqh, a comprehensive mastery of ushul fiqh is absolutely necessary, especially to find and determine the legal illat for ongoing economic practices. Failure to determine the illat leads to failure to master the source of the problem. The current Islamic economics only talks a lot about distribution and consumption, such as the distribution of money and capital claimed to be without usury and halal product certification, and does not appear to talk much about production and all aspects related to it, such as ownership of land, resources, capital and by the private sector and conglomerates, including the fulfillment of labor rights, destruction of nature by production activities, and so on. The determination of the illat and maqashid of sharia in the economic field is also expected to pay more attention to the material conditions in which unequal production relations between community groups have resulted in economic colonization and which are very detrimental to society, especially those who are in a weak position in terms of capital, resources and power.

Ushul fiqh, as a branch of Islamic law, has a significant role in establishing laws based on the main sources of the Koran and Sunnah. The aim of this research is to explain the definition of ushul fiqh comprehensively and explore and identify the main objects of discussion in ushul fiqh and their relevance to contemporary issues. The research method used is library research with a qualitative approach. The result of this research are that Ushul Fiqh is a very important science for Muslims to understand Islam comprehensively and accurately, and to be able to apply it in everyday life. Studying Ushul Fiqh in the contemporary era is very important for various reasons, such as the era of globalization and modernization, the emergence of many schools of thought and ideology, and the need to understand and apply Islam comprehensively and accurately.

The study of ushul fiqh is very closely related to the Koran and Sunnah. Both of them are the core sources of Islamic sharia law which are used as proof which are processed by ushuliyah rules in determining sharia laws. This research aims to explain the essence of Ushuliyyah rules, especially regarding Mantuq and Mafhum, Dzahir and Mu'awwal, Nasakh, Muradif and Musytarak. This research is library research with the subject and object coming from library materials in the form of ushul al-fiqih books and fiqh journals. The results of this research came to the conclusion that the fuqaha used various methods to understand the texts in the Al-Quran and hadith. One way is to use ushuliyah rules such as mantuq and mafhum, dzahir and mu'awwal, nasakh, muradif and musytarak.

This article discusses in depth the meaning and requirements of a mujtahid in the science of jurisprudence and its development from time to time in the Islamic context. A mujtahid is an Islamic legal expert who is able to carry out ijtihad, which is the process of drawing law from Islamic legal sources using certain interpretation methods. The requirements for becoming a mujtahid include expertise in Arabic, in-depth knowledge of the Koran, Hadith, and the principles of ushul fiqh. This article also reviews several famous mujtahid figures throughout Islamic history and their role in developing and forming the sharia legal system. Understanding the concepts of mujtahid and ijtihad is important in understanding the evolution of Islamic law from time to time.  

The month of Ramadan is a special time for Muslims to worship, erase sins, and gain the rewards and pleasure of Allah SWT. Shaum or fasting, the primary worship during this month, involves abstaining from things that invalidate the fast. However, fasting is not intended to be difficult, as stated in the Qur'an, Surah Al-Baqarah: 185, which emphasizes ease rather than hardship in fasting. Besides its spiritual aspects, fasting also has health benefits, such as helping patients with obesity and heart disease. For patients with chronic kidney disease who require hemodialysis, fasting can be particularly challenging. Hemodialysis is a life-saving method that involves cleaning the blood outside the body. In Islam, there are principles of ushul fiqh that provide rukhsah or legal concessions for those who face difficulties in fulfilling religious obligations due to certain conditions. However, if a kidney failure patient insists on fasting despite having been granted rukhsah, this is known as azimah. This study aims to explore the status of azimah for hemodialysis patients who choose to fast from an Islamic perspective. Using a qualitative approach through literature review and in-depth interviews with fiqh experts, this research seeks to understand the legal implications and medical conditions involved. The results are expected to provide clearer insights into the practice of fasting for hemodialysis patients within the context of Islamic jurisprudence.