Scholarly Works - Islamic Studies

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https://hdl.handle.net/20.500.14576/181

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Open Access
The scribe of sufi-philosophical letters : Shaykh Yūsuf of Makassar’s formative decades (1640s-1660s) in Arabia and Syria
(Center for the Study of Islam and Society (PPIM) Syarif Hidayatullah State Islamic University (UIN) Jakarta, 2024-12-31) Zacky Khairul Umam
This article addresses the circumstances surrounding Shaykh Yūsuf’s pursuit of knowledge, which involved traveling overseas via India to study and teach in Ottoman Arabia and Syria. The article’s main objective is to focus on the period during which Shaykh Yūsuf played an intellectual role as a scribe in Aleppo, Damascus, and Medina between the 1650s and the 1660s. This will be achieved by utilizing the manuscript collections at the Staatsbibliothek zu Berlin, the Firestone Library of Princeton University, and the National Library of Indonesia, in addition to other archival evidence. These underexplored manuscripts will provide a more comprehensive account of Shaykh Yūsuf’s Arabian years, which I contend were a pivotal period in his intellectual development. Moreover, this period offers an additional perspective on the dissemination of knowledge from the post-Timurid intellectual tradition, which was oriented towards the advancement of theological-philosophical sciences, and which became prevalent in Medina before being disseminated in the second half of the seventeenth century.
Open Access
Navigating digital da’wah : Hanan Attaki’s approach and Nahdatul Ulama’s authority on social media
(Balai Penelitian dan Pengembangan Agama Jakarta, 2024-12-31) Inna A'thoina; Al-Aboosi, Abdullah Mustafa Mohamad
Hanan Attaki, founder of the Shift (a youth hijrah movement), pledged allegiance (bai’at) to Nahdlatul Ulama (NU), one of Indonesia’s most prominent traditionalist Islamic organizations, sparking significant responses from his extensive social media following of ten million on Instagram and two million on YouTube, most of whom are young people. This paper aims to explore the new step of Hanan Attaki’s da’wah and the religious authority of NU’s Ulema through social media by examining shifts in Hanan Attaki’s da’wah approach pre- and post-affiliation and investigating how his affiliation enhances the influence of NU’s ulema mainly through his social media platforms, using Fajri Alatas’ theory of religious authority. This study uses a qualitative method by analyzing content on the YouTube and Instagram accounts of Hanan Attaki using netlytic assistant. This paper argues that joining Hanan Attaki at NU is one of his da’wah strategies to spread da’wah across society, including the grassroots. At the same time, Hanan Attaki contributes to spreading the authority of NU ulema and its ideology among millennials through social media.
Open Access
Managing obsessive-compulsive disorder through utilizing Islamic antidotes
(Universitas Islam Internasional Indonesia Press, 2024-12-31) Yankari, Ali Samaila; Maikamba, Musa A.; Hasan, Md. Mahdi; Jungudo, Ahmad Muhammad
Obsessive-compulsive disorder (OCD) is a prevalent mental health condition characterized by compulsive behaviors and irrepressible impulses. The treatment for this disorder is challenging due to its complex nature. It is occasionally linked to religious observances referred to as scrupulosity. This disorder exhibits a multitude of consequences. The manifestation of these intrusive thoughts and undesirable behaviors among students impede their ability to study efficiently and negatively impact their academic performance. Researchers and academics have put forth a range of pharmaceutical and psychological remedies and solutions for this catastrophic disorder. This research proposes potential Islamic strategies for resisting and curtailing the disorder. The research findings indicate that the Islamic antidote for managing OCD involves several spiritual and therapeutic practices such as dhikr (remembrance of God), tawakkul (trust in God), salah (prayer), du’a (supplication) and istighfar (seeking forgiveness). Additionally, individuals afflicted with this disorder, should employ strategies such as daily supplications, incantation (Al-uqyah Al-Sharʿiyyah) and efforts to prevent intrusive thoughts. The study effectively employed a descriptive methodology to conduct its examination.
Open Access
From persecution to coexistence : the bahāʾísm in Iran and Bangladesh
(ZAIN Publications, 2024-11-30) Hasan, Md. Mahdi; Islam, Md. Rafiqul; Rahman, Md. Mahbubur
The Bahāʾísm, emerging from 19th-century Persia through the teachings of Bahāʾuʾllāh, has developed into a globally recognized faith known for its emphasis on unity, peace, and progressive revelation. This paper traces the historical trajectory of the Bahāʾísm from its origins in Persia (modern day Iran) to its establishment in Bangladesh, focusing on both the shared and divergent experiences of its adherents in different cultural contexts. The study addresses the significant challenges Bahāʾís face, particularly the severe persecution in Iran due to theological conflicts with mainstream Islam, contrasted with their relatively accepted status in Bangladesh, a secular Muslim majority country. Drawing on qualitative research conducted at the Rajshahi Bahāʾī Center, Bangladesh, this paper highlights the personal narratives of Bahāʾí converts, their devotional practices, and the obstacles they encounter in maintaining their religious identity. The analysis extends to a comparison with Aḥmadiyya, another religious movement with Islamic roots, to elucidate theological distinctions and the varying degrees of societal acceptance. While the Bahāʾí Faith and Aḥmadiyya both emerged in the 19th century and share a backdrop of Islamic influence, the Bahāʾí emphasis on universal equality and an independent identity sets them apart. This paper argues that such distinctions, coupled with Bangladesh‟s secular policies, have allowed Bahāʾís to practice their faith with fewer constraints compared to their coreligionists in Iran. By examining these interfaith dynamics, the study contributes to a deeper understanding of religious pluralism, the complex interactions between minority religious communities and their broader social environments, and the implications for religious tolerance and coexistence in contemporary Muslim societies.
Open Access
Classical insights, contemporary relevance : understanding tafsīr bi-al-maʾthūr in qurʾānic studies
(Departmen of Al-Qur'an and Tafsir Studies, Faculty of Ushuluddin, University of Darussalam Gontor, 2025-02-01) Hasan, Md. Mahdi; Choirul Ahmad; Islam, Md. Rafiqul
This paper explores tafsīr bi-al-maʾthūr, or tradition-based Qurʾānic exegesis, examining its core elements, interpretive diversity, and relevance in both historical and contemporary contexts. Defined by reliance on the Qurʾān itself, prophetic traditions, and the interpretations of the Companions and Successors, tafsīr bi-al-maʾthūr is foundational in Islamic scholarship for preserving original meanings of the Qurʾān. However, its dependence on early sources raises questions about its adaptability to current ethical, legal, and social issues within Muslim communities. Through a qualitative analysis, this study investigates primary interpretative methods within tafsīr bi-al-maʾthūr, including tafsīr al-Qurʾān bi-l-Qurʾān, tafsīr bi-l-ḥadīth, and interpretations by the Companions and Successors. The paper reveals how tafsīr bi-al-maʾthūr maintains Qurʾānic authenticity while offering insights into its potential relevance for contemporary applications. This study contributes to Qurʾānic studies by affirming tafsīr bi-al-maʾthūr as both a resilient and adaptable approach, balancing fidelity to foundational texts with interpretive flexibility in modern Islamic discourse.
Open Access
Uniting or dividing? Digital sermons and sectarian debates among muslim preachers on facebook in Bangladesh
(Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Islam Negeri Sultan Maulana Hasanuddin Banten, 2025-01-01) Hasan, Md. Mahdi; Bhirawa Anoraga
This paper examines how Facebook is transforming religious authority and amplifying sectarian discussions through digital sermons (waʿẓ) delivered by three prominent preach-ers in Bangladesh: Shaykh Dr. Muzaffar b. Mohsin, Muftī Rezaul Karim Abrar, and Muftī Gias Uddin Tahery. Using a netnographic approach, we analyse the discourses promoted in their sermon videos on Facebook. We demonstrate how Facebook incentivises religious leaders to intensify sectarianism in order to increase online engagement and reinforce their authority. Thus, although the Internet—specifically Facebook—is often assumed to have the potential to connect the Muslim umma, it simultaneously exacerbates sectarian divi-sions, with significant implications for both religious and social dynamics in Bangladesh.
Open Access
Integrating Islamic environmental ethics into basic education curricula in the Gambia for a sustainable environment
(Faculty of Educational sciences, UIN (State Islamic University) Syarif Hidayatullah Jakarta, 2024-12-28) Ceesay, Karamo; Sonko, Kebba Lang
This paper explores integrating Islamic environmental ethics into the curriculum of basic education in the Gambia for a sustainable environment. In this paper, we adopted a qualitative approach to collect data through interviews with ten selected participants from 6 different regions in the Gambia. Our selection of participants was done purposively as we selected individuals who are well-versed in the subject matter. Our findings show that integrating Islamic environmental ethics into the basic education curriculum in The Gambia will not only have a long-term solution to the national environmental issues but rather will also breed a generation that will care for and love their environment, hence the country will have a sustainable ecosystem. However, this paper, therefore, recommends that the Ministry of Basic and Secondary Education to work with Islamic scholars in collaboration with the Ministry of Environment to develop a curriculum that will integrate Islamic environmental ethics in schools in The Gambia.
Open Access
Rethinking quranic interpretation : insights from al-tabari’s classical tafsir
(ZAIN Publications, 2025-01) Adel, Samiullah; Rahimi, Mahmood; Mohammadi, Asadullah
This research explores the tafsir of Al-Tabari in a deep seat to critically situate his interpretations of Quranic-related verses that deal with gender in the context of early Islamic intellectual and socio-cultural thinking and to open Al-Tabari's exegesis, which fuses pluralistic and contextual approaches, thus capturing the diverse scholarly perspectives on gender in classical Islam. That is, while Al-Tabari's tafsir reflects traditional hierarchies of gender, it also opens up avenues of a pluralistic methodology for reinterpretation today. Hereby, integrating feminist and contemporary hermeneutical frameworks, this study suggests ways in which Quranic gender verses could be read differently in terms of justice. Hence, Al-Tabari echoes in history the early Islamic norms concerning gender at the same time serving as a jumping-off point for renewed engagement with gender justice in the current context of Quranic interpretation, bringing together classical scholarship and modern views.
Open Access
Seeking moderation amid religious extremism and political turmoil : a case study of Afghanistan
(Post Graduate State Islamic University Sultan Aji Muhammad Idris Samarinda, 2024-12-31) Adel, Samiullah; Rahimi, Mahmood; Ullah, Abid
This study investigates the interplay of Islamic ideology, violence, and political strategies in contemporary Afghanistan, examining domestic and foreign influences. This study applies library resources to explore the delicate relationships between Afghan Islamic philosophy, politics, and warfare by utilizing a thematic analysis framework. By closely analyzing the historical development of Islamic philosophy, politics, and violence in Afghanistan, as well as the impact of foreign stakeholders, the study aims to offer a thorough understanding of this interconnected web of complexities. Employing thematic analysis to dissect Islamic thoughts in Afghanistan, stressing the diversity of viewpoints and the vital role of external stakeholders. This research will shed light on the complex interplay of terrorism relationships among terrorism, politics, and conflict resolution, highlighting the dire need for Wasatiyya (moderation). By bridging historical viewpoints with contemporary ground realities, the study will offer an understanding of Afghanistan’s socio-economic and political complexities. This article significantly contributes to the academic discourse and directs future research into the complex political realities within the region.
Open Access
Sacred spaces : the controversial practice of building churches in muslim lands during the mamluk period
(Brill, 2024-12-16) Waskito Wibowo
It is familiarly known among Muslims that Sharīʿa suggests the prohibition of participating in church construction. However, in historical accounts, a number of churches in Arab countries were built during the era of Islam. This led to ambiguities and the perception that the caliphs did not abide by Sharīʿa law then. Therefore, this essay aims to reveal the reasons and motives of those caliphs or other Muslim authority holders allowing the building of churches in Cairo during the Mamluk dynasty. Furthermore, this article seeks the extent to which Muslim authority holders contribute to the church building for Christians and the responses, attitudes and dynamics of Muslim residents around the churches built in their area. By employing the qualitative library method, by making primary and secondary pieces of literature as objects of study and then interpreting them from a historical point of view, this article indicates that life under the Mamluk dynasty was so dynamic. There was a different application for the restriction of building, rebuilding, or reopening churches between society and some sultans. While citizens acted massive attacks and destruction of the churches provoked by the fatwā of the elite, it seems there were also defenses from the authorities for this act of vandalism.
Open Access
Balancing orthodoxy and flexibility : substantive and accommodative approaches to women’s rights in Qaradawi's fiqh
(Faculty of Sharia & Law UIN Syarif Hidayatullah Jakarta, 2024-12-31) Waskito Wibowo; Rusli Hasbi; Madi, Ahmed Abd Raziq Ali
The initiation of the minority fiqh concept for Muslims in countries with a non-Muslim majority is like a coin with two sides. On one side, it is seen as a threat to the established schools with their structured and well-defined methodologies, as it is often suspected of involving talfīq—combining opinions from various schools by selecting the most lenient fatwas. On the other hand, this concept represents an intellectual innovation aimed at helping minority Muslims remain committed to the principles of sharia amid a reality that does not fully support their religious practices. This paper critically investigates whether Qaraḍāwī adheres to a consistent methodology he designed, specifically whether he remains faithful to the principles he espouses or deviates by selectively borrowing opinions across schools. Taking some of his fatwas contained in his book entitled Fī Fiqh al-Aqalliyyāt al-Muslimahas the main object, this study argues that Qaraḍāwī, although, does talfīq in his fatwa by borrowing opinions from several ulama or schools, he consistently adheres to the methodology he established. This approach offers a legal framework that is accommodative yet rich in pragmatic nuances, resulting from a consistent synthesis of various opinions. Furthermore, on a broader scale, this concept provides a framework that balances flexibility with orthodoxy.
Open Access
Our husband and children are not acknowledged : endogamy, gendered power, and child issues in the ‘alawiyyīn marriage in Indonesia
(Postgraduate Program (PPs) and the Institute for the Study of Religion and Society (LSAS), State Islamic University (UIN) of Sunan Ampel Surabaya, 2024-12) Syarifah Ema Rahmaniah; Egi Tanadi Taufik
This paper analyzes the endogamous marriage practices among the ‘Alawiyyīn community in Pontianak Indonesia and the problems of gender inequality and child discrimination. This ethnographic research was conducted within eight months in 2021 and 2023. The doctrine of endogamy is actually misogynistic narratives towards the Sharifah women, silent resistance against exogamy, and refusal of half-blood child. The discussion analyzes the phenomenon of Muslim kin marriage within the socio-setting of religious-historical aristocracy and the patriarchal hegemony of the patrilineal community. It also highlights how the ‘Alawiyyins of Pontianak defend the doctrine of endogamy as institutionalized in the concept of kafa’at against exogamy practices among the community. The resistance to endogamy is practiced as a complex negotiation among ‘Alawiyyīn members for normalizing exogamy as they re-internalize and institutionalize the doctrine of kafā’at. Against the dogma, the exogamy marriage directly affects normalizing non-familial marriages among ‘Alawiyyīns, restoring the social status of those performed out-marriage and recognizing their descendants as clan members. However, the insistence of ‘Alawiyyīns in defending their kin marriage doctrine at all-cost makes this counter narrative remain in the sideline at the moment.
Open Access
Before orthodoxy; the story of Abraham's sacrifice (dzabīh) in early muslim commentaries
(UIN Sunan Gunung Djati, 2024-01-30) Azhari Andi; Hamdi Putra Ahmad
The story of Abraham's sacrifice holds significant place in Islam, and what Muslims believe about Ishmael as the intended sacrifice is not the only belief in the Muslim tradition. This paper examines the historical transformation of Abraham’s sacrifice narratives in Muslim commentaries (tafsīrs), with a focus on revealing how, when, why, and at whose hands this transformation occurred. Employing the theory of tafsir as a genealogical tradition of Walid A. Saleh and adopting a socio-historical approach, this paper investigates the evolution of the interpretation of the story of dzabīh from Isaac to Ismael and the factors contributing to this evolution. The analysis reveals that in the first four centuries of Islam, Muslim interpretations and attitudes regarding the story of dzabīh were the complete opposite of what is common today. Muslim commentators, such as al-Suddī, Ibn Juraij, Muqatil ibn Sulaiman, al-Thabarī, and al-Samarqandī, firmly believed that Isaac is dzabīh. However, Ibn Athiyyah and al-Baghawī, the commentators of the sixth century hijri, showed different responses towards this story, neutral and favoring Ismael as dzabīh. Additionally, in the eighth century Hijri, Ishmael as dzabīh gained orthodoxy and popularity, as demonstrated by Ibn Taimiyyah and Ibn Kathir. They condemned the pro-Isaac as heretical interpretation and rejected it. Even though they disagree with the proIsaac commentators, they still quoted the narrations and opinions of previous commentators by providing counter-arguments, and this is what is called tafsir as a genealogical tradition. Furthermore, power dynamics and the socio-political setting of the eighth century may have had an impact on this change in the story of dzabīh. This evolution highlights the dynamic nature of Islamic interpretation, where interpretation is not necessarily static but evolves over time, shaped by historical contingencies and socio-political dynamics. This historical reevaluation illuminates the complexity of Islamic intellectual history and the fluidity of religious interpretation in the Muslim tradition.
Embargo
The making of living ḥadīth : a new direction of ḥadīth studies in Indonesia
(Routledge, 2024-04-21) Saifuddin Zuhri Qudsy; Irwan Abdullah; Hasse Jubba; Zaenuddin Hudi Prasojo; Egi Tanadi Taufik
Ḥadīth studies identifies Islamic practices that originate from the text of the ḥadīths or the traditions of the Prophet Muhammad. The term ‘living ḥadīth’ has emerged as a new direction to ḥadīth studies. This article seeks to explore the dynamics of living ḥadīths as they have emerged in and revitalised ḥadīth studies, especially within academic discourse of Indonesian Islamic universities. Important findings include that the living ḥadīth has become a subdiscipline of ḥadīth studies that examines on how Muslims interpret and express the ḥadīths in their daily lives, as well as how Indonesian Muslims link, communicate, and relate ḥadīths to local traditions and how local cultures assimilate and interact with the texts. This article also finds that the paradigm of living ḥadīth differs from the disciplines of sociology and anthropology of religion, presenting its epistemology through five areas of focus: practice, reception, text, transmission, and transformation.
Open Access
Regrounding maqāṣid al-sharīʿa, the quranic semantics and foundation of human common good, written by Mohamed El-Tahir El-Mesawi
(Brill, 2025-01-15) al-Marakeby, Muhammad
Each year, a vast amount of literature is published on maqāṣid al-Sharīʿa. However, only a few of these works stand out as serious and thoughtprovoking. One such work is the book we are reviewing: Regrounding Maqāṣid al-Sharīʿa, the Quranic Semantics and Foundation of Human Common Good, authored by Mohamed El-Tahir El-Mesawi with Waleed Fekry Faris and Dawood A. Yahya al-Hidabi. The book’s main body spans 208 pages and is divided into three main chapters preceded by an introduction and followed by a conclusion. The first chapter examines the preservation of religion (ḥifẓ al-dīn) and progeny (ḥifẓ al-nasl), the second focuses on the preservation of life (ḥifẓ al-nafs), and the third explores the preservation of the mind (ḥifẓ al-ʿaql) and wealth (ḥifẓ al-māl). This book can be situated within the ongoing debate on the ambiguity surrounding the interpretation of maqāṣid in modern times and its occasional (mis)use to justify contradictory positions within the framework of Sharīʿa. It takes an important step toward re-establishing a connection between maqāṣid and Qurʾānic terminology by conducting a semantic analysis of the Qurʾān to (re)define maqāṣid. The authors argue that early scholars have largely overlooked this critical link, making their efforts both timely and essential. The central question posed by the book is: What might the five maqāṣid mean if interpreted through the conceptual framework of the Qurʾān?
Open Access
The relationship between Islamic teachings and cultural values in shaping attitudes towards gender roles in Indonesia
(2024-06-20) Bouchouk, Oumaima; Ayaz, Maria
The relationship between Islam, culture, and attitudes towards gender roles in Indonesian society is a complex and dynamic phenomenon that requires a nuanced and interdisciplinary approach to be fully understood. This study aims to explore the interplay between Islamic teachings, cultural values, and attitudes towards gender roles in Indonesia through an interpretive case study. Semi-structured interviews were conducted with a purposive sample of 20 participants, including religious leaders, scholars, activists, and members of the general public. Documentary sources such as religious texts, academic journals, and news articles were also analyzed. The collected data was analyzed using a thematic analysis approach, and the findings were synthesized and interpreted to provide answers to the research questions. The study reveals that the relationship between Islamic teachings, cultural values, and attitudes towards gender roles in Indonesia is complex and multifaceted. Islamic teachings emphasize modesty, respect for elders, and traditional gender roles, significantly shaping attitudes towards gender equality and women's roles in society. However, local cultural beliefs and practices with strong patriarchal underpinnings also reinforce gender inequalities. This dynamic interplay between Islam and culture requires a nuanced and interdisciplinary approach to be fully understood. The study underscores the importance of understanding how religion, culture, and gender roles shape societal attitudes and values. It also highlights the need for further research to deepen the understanding of Indonesia's social, cultural, and religious dynamics and their impact on women's positions in society
Open Access
Natural sciences in the era of ‘decline’ : discovering manuscripts at jāmi’ al-azhar
(Centre for Islamic Studies and Civilisation, Charles Sturt University, 2024-08-21) Muhammad Faris Ibrahim
This article critically examines the commonly held narrative of decline, in relation to the development of natural sciences in Islamic history. The period between the 16th and 19th centuries CE is often referred to as a time of decline for Islamic civilisation. Conversely, this period is also considered an important time for the European Renaissance and its modern age, including in terms of natural sciences. In this article, I argue that, while attempts to periodise Islamic history can facilitate better understanding of historical developments, they are often significantly influenced by underlying biases aimed at exerting dominance over the Muslim world. I have found the narrative of decline is closely connected to the linear movement theory of history. Furthermore, Egyptian modernists used the decline narrative to criticise al-Azhar without acknowledging its scholars’ support for progress. Lastly, the narrative of decline built by modernists against al-Azhar for not paying attention to the natural sciences needs to be critically reviewed, particularly by referring to manuscripts written by al-Azhar scholars related to natural sciences, such as medicine, algebra, astronomy and engineering from the 16th to 19th centuries as a counter- narrative of decline.
Open Access
Reshaping minority fiqh : the ideas of ‘Abd Allah Ibn Bayyah
(Centre for Islamic Studies and Civilisation, Charles Sturt University, 2028-08-21) Haidar Masyhur Fadhil
This article analyses the contribution of ‘Abd Allah ibn Bayyah’s approach in the development of minority fiqh, particularly within the context of reconstructing Islamic law for Muslim minorities in Western countries. Ibn Bayyah is recognised as a neo-traditionalist striving to reconstruct Islamic law with an innovative approach to meet the needs of these minority groups. This research adopts a descriptive- analytical approach to comprehend the concepts introduced by Ibn Bayyah. In his efforts, Ibn Bayyah employs several new approaches, including the utilisation of verification of the hinge (taḥqīq al-manāṭ) to understand reality, weighing weaker opinions (al-qawl al-ḍa’īf) while considering communal welfare (maṣlaḥa), connecting the objective of Sharia (maqāṣid al-sharī’a) with legal theory (uṣūl al-fiqh), and optimising the Islamic legal maxims (al-qawā’id al-fiqhiyya). The article delineates the significance of the new approaches introduced by Ibn Bayyah in the context of minority fiqh development and their impact on Islamic legal thought for Muslim minorities in Western countries. It is anticipated this analysis will provide profound insights into the new paradigm in addressing legal challenges faced by Muslim minorities within the social and legal context of the West.
Open Access
The the dialectics of polygamy and feminism : an analysis of mentoring polygamy by coach hafidin and musdah mulia’s thoughts
(Center for Gender and Child Studies (Pusat Studi Gender dan Anak) LP2M, UIN KH. Abdurrahman Wahid Pekalongan, 2024-06-26) Alifia; Bhirawa Anoraga
The practice of polygamy in Muslim life still attracts an intense debate regarding the way women are viewed. Although the teachings of Islam allow and have determined the rules for those who are polygamous, problems often arise when a Muslim man enters into a polygamous marriage. Polygamy is currently still a pro-con in society. In fact, a negative stigma is often given to the perpetrators Polygamy is considered detrimental to women and only benefits men. In modern feminist discourse, there is a perspective that polygamy is an act that deprives women of their rights and freedom. This research focuses on Hafidin and Musdah Mulia's dialectic on polygamy. This research is a qualitative-descriptive research. The data sources used are several YouTube videos of Hafidin's polygamy coach class and Musdah Mulia's arguments. The data collection method used in this research is the listening method with note-taking technique. The data analysis method used in this research is descriptive comparison method. namely by describing the data findings contained in coach Hafidin's class and comparing them with Musdah Mulia's thoughts. The results of this study can be concluded that polygamy is not a simple problem, but rather a complex problem and requires a lot of consideration, including whether polygamy can have a positive or negative impact on the couple.
Open Access
Gender equality in Islamic marriage law through the maqāṣid al-sharī’a perspective : a study on woman-initiated divorce (cerai gugat) in Indonesia
(Center for Gender and Child Studies, Institute for Research and Community Services (LP2M), Universitas Islam Negeri Walisongo Semarang, 2024-04-30) Muhammad Mufti
The presence of gender equality issues in Islamic family law has already become a new challenge faced by Muslims to manifest and uphold the higher purpose of sharī’a (maqāṣid al-sharī’a). Thus, maqāṣid al-sharī’a as a theoretical framework should be able to accept adjustment depending on the circumstance. This article aims to discuss the notion of gender equality in maqāṣid al-sharī’ah perspective, which is focused on two research questions, namely what is the perspective of maqāṣid al-sharī’a on gender equality discourse, especially in Islamic marriage law, and how can the reform of Islamic marriage law in the practice of divorce support the realization of a new paradigm of maqāṣid al-sharī’a to achieve justice. Using woman-initiated divorce (cerai gugat) in recent Indonesia as a case study and incorporating a normative legal approach along with the Islamic feminism theory proposed by Amina Wadud, the article concludes that the maqāṣid al-sharī’a applied in the Muslim legal tradition demonstrates the flexibility of Islamic law in adapting to various demands and circumstances. In the context of Islamic family law in Indonesia, it can be proven by the presence of woman-initiated divorce (cerai gugat) which has never been done before. It became a manifestation of the ability of maqāṣid al-sharī’a to reconcile contemporary issues such as the notion of gender equality.