Jurnal Fiqh

Persamaan dan Perbezaan dalam Penyembelihan Agama: Islam (Dhabiḥa) Dan Yahudi (Shechita)

Muhammad Afif Zakwan Azhar, Zalina Zakaria, Nina Sakinah Ahmad Rofaie — Mon, 29 Dec 2025 00:00:00 +0800

Various slaughtering procedures are practiced by religions and cultures worldwide, including Islam and Judaism. Both religions have specific regulations governing slaughter and the process to ensure that meat is permissible for consumption. Understanding the ethics of halal and kosher slaughter is crucial for appreciating religious diversity. The global population increase has led to a proportional rise in religious adherents, which sometimes in debates due to differing beliefs between Muslims and Jews. This study aims to compare Islamic slaughter practices (Dhabiḥa) with Jewish slaughter practices (Shechita) through a qualitative bibliographic review of journal articles, websites, and newspapers. Findings show that both halal and kosher slaughter emphasize humane treatment and the avoidance of animal cruelty. This includes using a sharp knife and performing the process swiftly to minimize pain. However, notable differences remain, particularly regarding stunning. Judaism prohibits stunning before slaughter, whereas Islam allows it, provided it complies the guidelines set by relevant authorities. This study seeks to foster better understanding, tolerance, and mutual respect among religions.

Prinsip Fiqh Dalam Penyebaran Maklumat Berasaskan Kecerdasan Buatan (AI) Di Media Sosial

Khairul Azhar Meerangani, Muhammad Safwan Harun, Muhamad Sayuti Mansor — Mon, 29 Dec 2025 00:00:00 +0800

The advancement of Artificial Intelligence (AI) has significantly reshaped the production and dissemination of information on social media, where automated systems increasingly generate, filter, and amplify content. This development raises important fiqh-related concerns regarding source authenticity, user responsibility, and the ethical implications of AI-generated information. This study examines these issues through core Shariah principles, including justice, trustworthiness, accountability, and publicinterest (maṣlaḥah ʿāmmah). Using a qualitative document analysis approach, the study reviews classical and contemporary fiqh literature, fatwa resolutions, Islamic digital ethics scholarship, and recent research on AI technologies. The findings identify three key AI characteristics with direct fiqh implications: automated generation of textual and visual content, algorithmic curation that shapes information visibility, and the production of synthetic or unverifiable material. These characteristics contribute to challenges such as weakened information authority, over-reliance on automated systems, and heightened risks of misinformation. The study concludes that the application of al-tabayyun and al-iḥtiyāṭ is essential when engaging with AI- generated content. It further argues for the development of a structured fiqh framework to guide ethical, responsible, and accountable information practices within AI-driven social media environment.

Constructing Legal Reasoning: A Historical Assessment of Fatwa Literature from the 4th to 19th Century

Hadi Sofuoğlu, Iskandar Iskandar — Mon, 29 Dec 2025 00:00:00 +0800

Fatwa literature represents a vital tradition in Islamic jurisprudence, functioning as a dynamic mechanism of legal reasoning. This paper offers a historical study of fatwa literature, examining how legal reasoning developed from the 4^th to the 19^th century, with particular emphasis on the Ḥanafī school. Drawing on a range of key classical sources, including Kitāb al-Nawāzil, al-Fatāwā al-Sirājiyya, and Fatāwā Qādīkhān, this study examines how fatwa methodology evolved, emphasizing principles of legal preference (tarjīḥ), hierarchical reasoning, and the ethical and scholarly qualifications expected of a muftī. The study highlights how early jurists formulated structured principles for issuing fatwas, navigated intra-madhhab differences, and balanced doctrinal consistency with responsiveness to social realities. Developments in other Sunni schools are also assessed to provide a broader comparative context. The findings suggest that fatwa literature played a central role in shaping Islamic legal reasoning, offering tools that remain valuable for contemporary jurisprudential challenges. The findings demonstrate that the methodologies, ethical frameworks, and textual hierarchies developed in the classical fatwa tradition continue to offer relevant tools for addressing contemporary issues in Islamic law. As such, the historical assessment presented in this paper contributes not only to our understanding of the legal in the past, but also to the ongoing conversation on how to responsibly engage Islamic legal heritage in the modern world.

The Legality And Social Consequences of Ziwaj Urfi in Modern Muslim Societies

Manswab Mahsen Abdulrahmann, Abdulhafiz Musa Walusimbi — Mon, 29 Dec 2025 00:00:00 +0800

Ziwaj Urfi is non-traditional forms of marriage that have gained prevalence in modern Muslim societies due to changing social and economic conditions. While these marriages provide alternatives for individuals facing challenges in formal matrimonial arrangements, they also raise concerns about their legal validity and social implications. Islamic jurisprudence offers diverse perspectives on these marriages, leading to debates among scholars and policymakers. Despite their increasing prevalence, Ziwaj Urfi remain contentious in terms of legality, ethical considerations, and societal impact. Critics argue that such marriages undermine the traditional institution of marriage, while proponents contend that they offer flexibility within the framework of Islamic law. However, there is a lack of comprehensive research assessing the legal status of these unions across different jurisdictions and their social consequences on individuals and communities. This study seeks to answer the following question: What is the legal status of Ziwaj Urfi? The objectives of the Study is to examine the legal status of Ziwaj Urfi and social consequences of Ziwaj Urfi this study adopts a qualitative approach, utilizing doctrinal legal analysis of Islamic jurisprudence, reports from various Muslim countries, and interviews with legal experts and affected individuals. The study finds that Ziwaj Urfi is permissible in Islam provided it meets all the essential conditions—namely, the presence of a guardian, witnesses, mutual offer and acceptance, a dowry, and the woman's consent. In such cases, the marriage is considered valid even if it is not officially registered. However, opposing views argue that customary marriages are impermissible in Islam, asserting that the lack of public announcement contradicts fundamental Islamic principles and renders the marriage invalid due to its secrecy.

Sokongan Majikan Dalam Pematuhan Tuntutan Beridah Ke Atas Wanita Bekerjaya Kematian Suami

Mon, 29 Dec 2025 00:00:00 +0800

Idah is a religious obligation that must be observed by Muslim women whose husbands have passed away. However, for working women, the implementation of idah often encounters challenges when the duration of special leave for the death of a spouse provided by employers is insufficient. This situation creates a conflict between religious obligations and career demands, thereby necessitating employer support to ensure proper compliance with idah. This article aims to analyze employer support for Muslim women in idah, focusing on special leave provisions, workplace adjustments and assistance in observing ihdad restrictions and proposing an Employer Support Framework. Employing a qualitative approach, the study conducted in-depth interviews with eight employers to gather insights into their attitudes, understanding, and supportive practices towards female employees undergoing idah. The findings reveal several forms of support, including the provision of special or extended leave, implementation of work-from-home policies, restrictions on workplace location and workload, as well as guidance and monitoring related to the practice of ihdad. These initiatives reflect employers’ sensitivity to religious obligations and concern for women’s welfare, particularly in terms of emotional, psychological, and social well-being following the loss of a spouse. The study concludes that employer support not only facilitates compliance with idah among working women but also contributes to strengthening employer-employee relations and enhancing the organization’s image as an entity attentive to both religious values and humanitarian considerations. This study is expected to serve as a reference for policymakers and stakeholders in developing more inclusive workplace policies that align with Islamic requirements

Afasia Pasca-Strok dan Implikasinya Terhadap Interpretasi Ketempangan Akal Menurut Uṣūl Al-Fiqh

Muhammad Taftazany Abd Rahman, Norhidayah Pauzi, Sa'adan Man, Tan Kay Sin — Mon, 29 Dec 2025 00:00:00 +0800

Post-stroke patients often experience cognitive impairment, with aphasia being one of the most common manifestations in acute until chronic phase. Aphasia, a language disorder caused by brain injury, impairs speech production, word retrieval, sentence construction, and comprehension. In uṣūl al-fiqh, speech ability significantly affects the determination of a Muslim’s status as a mukallaf, particularly under ‘awāriḍ al-ahliyyah classifications such as al-‘aṭah and al-junūn, which may exempt one from taklīf if speech becomes incoherent and resembles both sane and insane discourse. This study examines the implications of aphasia for interpreting cognitive impairment from both medical and uṣūl al-fiqh perspectives. Using a qualitative approach, data were collected through literature review and interviews and analysed thematically. Findings indicate that limitations in speech ability such as incoherent utterances or reduced comprehension in aphasia subtypes do not necessarily nullify taklīf, as cognitive capacity may remain intact. Acts of worship, such as prayer, by aphasic stroke survivors are analogous to those performed by mute individuals, where valid performance is maintained so long as the mind is sound. Furthermore, the performance of obligatory acts of worship, such as prayer, by stroke survivors with aphasia may be analogised to the case of a mute person or an individual with a physical impairment of the tongue, in that difficulties in producing clear speech do not affect the validity of worship so long as the mind remains sound.

Unification of Hijri Calendar Under One Maṭla’ : A Case Study of MABIMS Through the Lens of Islamic Jurisprudence and Astronomy

Mon, 29 Dec 2025 00:00:00 +0800

The pursuit of a unified Hijri calendar among MABIMS countries (Brunei, Indonesia, Malaysia, and Singapore) reflects a long-standing goal of fostering regional religious cohesion. While these nations have reached technical consensus on the Imkān al-Ru’yah criterion, specifically a minimum lunar altitude of 3° and elongation of 6.4°, the calendar remains unstandardized due to persistent differences in national practice. Brunei emphasizes local ru’yah (moon sighting), Indonesia employs the wilāyah al-ḥukmi (legal authority) concept, Malaysia integrates both ḥisāb (astronomical calculation) and ru’yah, and Singapore relies solely on ḥisāb. This study investigates the central issue: the core barriers to unification are now less about astronomy and more about legal, religious, and administrative factors. Using qualitative methods, including literature reviews and interviews with MABIMS astronomy and administrative experts, the research analyzes data thematically. Key findings highlight three primary obstacles: robust adherence to state religious authority (ūlil amrī), which reinforces national sovereignty in calendrical decisions; limited infrastructure for real-time sharing of ru’yah data and harmonization of regional fatwas; and varying jurisprudential interpretations concerning maṭla‘ (local horizon) and crescent visibility, each rooted in distinct legal traditions. These factors influence both policy and public perception, hindering unified implementation despite shared astronomical standards. To overcome these challenges, the paper suggests extending the wilāyah al-ḥukmi concept regionally, establishing formal mechanisms for data exchange, and gradually aligning fatwa structures. By synthesizing and organizing existing approaches, the study offers a practical roadmap for integrating fiqh and astronomy to achieve calendar unification within the MABIMS context.