Jul 2026· As-Syar i: Jurnal Bimbingan & Konseling Keluarga · Vol 8· 0 citations
Abstract
Changes in social structure, rising economic participation of women, and the growing intellectual capacity of wives have produced the phenomena of wives' role dominance and husbands' domestification, reviving debates over the position of qiwamah in Islamic family law. This study analyzes the construction of qiwamah across the Hanafi, Maliki, Syafi'i, and Hanbali schools, examines the normative status of wives' role dominance and husbands' domestification, and explores whether fadl and financial maintenance function as the illah or merely the hikmah of qiwamah, along with their implications for contemporary Muslim family leadership. This qualitative library research uses a normative approach, drawing on classical fiqh texts across the four madhhabs, Qur'anic exegesis, scientific journals, and official statistical reports, analyzed through comparative, ushul fiqh, and socio-normative approaches. The findings show that all four madhhabs converge on understanding qiwamah as a mandate of leadership oriented toward responsibility, protection, and family welfare rather than male superiority, so a wife's economic dominance or intellectual superiority and a husband's greater domestic involvement do not automatically transfer qiwamah to the wife. Ushul fiqh analysis further shows that fadl and financial maintenance do not meet the criteria of a clear, fixed, and measurable illah, and are more appropriately positioned as the hikmah of qiwamah. This study concludes that changes in household role distribution affect only the implementation of rights and obligations, not the structure of family leadership, so the reconstruction of qiwamah should strengthen deliberation, cooperation, mutual good treatment, and shared responsibility in line with Islamic legal principles.
This study examines Muhammadiyah’s Manhaj Tarjih as a methodological framework for reconstructing Islamic legal reasoning in Indonesia. The study aims to analyze its foundational perspective, legal sources, epistemological approaches, technical procedures, and institutional transformation in producing religious rulings. This study uses qualitative library research with descriptive-analytical methods. The data were collected from official Muhammadiyah documents, academic books, journal articles, theses, and relevant institutional publications. The findings show that Manhaj Tarjih places the Qur’an and al-Sunnah al-Maqbulah as the main normative sources, while ijma’, qiyas, maqashid al-shari‘ah, maslahah, opinions of jurists, and empirical realities function as supporting methodological instruments. Legal rulings are formulated through collective ijtihad that integrates bayani, burhani, and irfani approaches. This collective mechanism produces legal reasoning that is hierarchical, argumentative, integrative, and adaptive to social change. The novelty of this study lies in its integrated reading of Manhaj Tarjih as a theoretical and operational framework that connects tajdid, Islam Berkemajuan, legal sources, epistemology, and collective ijtihad. Thus, Manhaj Tarjih represents a modern model of Islamic legal reasoning that balances text, reason, spirituality, and public benefit. This model remains relevant for contemporary Islamic legal thought and Islamic education
Rahmatul Husniah, Putri Desi Natalia, Siti Asisah et al.· Jurnal Penelitian dan Evalua...· 0 citations
This study is motivated by debates surrounding non-blood-related marriage from social, legal, and religious perspectives, particularly concerning legal certainty and the validity of marriage. Under Indonesian law, marriage is regarded as a physical and spiritual bond between a man and a woman aimed at establishing a happy and lasting family based on the belief in the One and Only God. Meanwhile, Islamic law considers marriage a mīthāqan ghalīẓan (solemn covenant) with clear provisions concerning its limitations and validity. This study aims to analyze marriage from the perspectives of legal materialism and Islamic law and to examine legal certainty regarding marital validity. The study employs a qualitative method with a normative juridical approach through an examination of legislation, legal literature, the Qur’an, and Hadith. The analysis uses a descriptive-comparative approach to identify similarities and differences between the two perspectives. The findings indicate that marital validity is not merely related to the legal relationship between individuals but must also comply with religious requirements and marriage registration as a means of ensuring legal certainty.
Muhammad Syahidul Haq, Mahlil Adriaman· LANCAH: Jurnal Inovasi dan T...· 0 citations
Educational inequality remains a significant challenge, particularly for children from poor and extremely poor families. To address this issue, the government enacted Presidential Regulation Number 120 of 2025 concerning the Implementation of People's Schools (Sekolah Rakyat) as an affirmative educational policy aimed at expanding access to education for disadvantaged groups. This study aims to analyze the People's School policy and examine its conformity with the principles of Siyāsah Dustūriyyah. This research employs a normative legal research method using statutory, conceptual, and analytical approaches. The data sources consist of primary legal materials, including laws and regulations, the Qur'an, Hadith, and classical Islamic political jurisprudence literature, as well as secondary legal materials from books and scientific journals. The results indicate that the People's School policy reflects the principles of justice (al-‘adālah), public welfare (al-maṣlaḥah al-‘āmmah), trustworthiness (amanah), and governmental responsibility (ulil amri) within the framework of Siyāsah Dustūriyyah. Furthermore, the policy is consistent with the objectives of maqāṣid al-syarī‘ah, particularly the protection of intellect (ḥifẓ al-‘aql), life (ḥifẓ al-nafs), and wealth (ḥifẓ al-māl). Therefore, the People's School policy can be regarded as a strategic effort by the government to promote educational equity and social welfare, although its implementation requires sustainable funding, effective governance, and continuous evaluation.
D. Ananda, Khalid, Histori Naskah et al.· Jurnal Alwatzikhoebillah : K...· 0 citations
Although children’s hadhanah rights following divorce have been widely examined from the perspective of Islamic family law, studies specifically analyzing their fulfillment in Generation Z families through Legal Protection Theory and Maqāṣid asy-Syarī‘ah remain limited. This study aimed to analyze the practice of fulfilling children’s hadhanah rights in Generation Z families following divorce, the factors influencing their fulfillment, and their conformity with the objectives of Maqāṣid asy-Syarī‘ah. The study employed a qualitative approach with a case study design and involved four informants selected through purposive sampling. Data were collected through in-depth interviews, observation, and documentation and were subsequently analyzed using the interactive model of Miles, Huberman, and Saldaña, which comprises data condensation, data display, and conclusion drawing and verification. The findings showed that formal hadhanah rights rested with the mother, but daily caregiving was predominantly undertaken by the grandparents because economic demands required the mother to work. The father’s involvement in caregiving and the provision of child maintenance remained low, while economic conditions, parental emotional unpreparedness, and digital device use were factors influencing the implementation of hadhanah. From the perspective of Maqāṣid asy-Syarī‘ah, the fulfillment of hadhanah rights partially realized welfare, particularly in the preservation of religion (hifẓ al-dīn) and the fulfillment of the child’s physical needs (hifẓ al-nafs), but was not yet optimal in ensuring the child’s psychological protection and intellectual development (hifẓ al-‘aql). These findings contribute to the development of Philipus M. Hadjon’s Legal Protection Theory by integrating the principle of the best interest of the child and Maqāṣid asy-Syarī‘ah in assessing the effectiveness of fulfilling hadhanah rights following divorce. This study affirms the importance of strengthening the responsibilities of both parents and the effectiveness of legal protection to ensure the substantive fulfillment of children’s rights.
The increasing challenges of intolerance, radicalism, and identity polarization in pluralistic societies call for the development of an educational paradigm capable of strengthening religious moderation in a substantive and sustainable manner. This article aims to analyze the common ground between Christian education and Fikrah Islamiyyah through the concepts of faith, reason, and humanity as the foundation for promoting religious moderation. This study employs a qualitative approach using library research and a philosophical-comparative analysis of primary and secondary literature related to the philosophy of Christian education, Islamic educational thought, and the concept of religious moderation. The findings reveal that both educational traditions share fundamental perspectives in viewing faith as the source of values and moral orientation, reason as an instrument for seeking truth and developing knowledge, and humanity as the sphere for actualizing religious values in social life. The concept of imago Dei in Christian education and karāmah al-insān in Fikrah Islamiyyah demonstrate substantial similarities in affirming human dignity. Furthermore, the integration of faith and reason in both traditions produces an educational paradigm that rejects the dichotomy between religion and science while fostering an inclusive, dialogical, and responsible religious attitude. This study concludes that faith, reason, and humanity constitute shared conceptual foundations that can be developed as a framework for religious moderation education. These findings contribute to the advancement of interfaith education studies and offer a humanistic, transformative, and relevant educational model for multicultural societies in the twenty-first century.
Urbanus Sukri· Jurnal Ilmu Pendidikan dan S...· 0 citations
Muhammadiyah has long stood as one of the most influential Islamic organizations in Indonesia. Since its founding in 1912, the organization has built a strong ideological identity one that finds its operational expression in five guiding principles collectively known as the 5 Khittah. These principles emerged from successive national congresses held in Palembang (1956), Ponorogo (1969), Ujung Pandang (1971), Surabaya (1978), and Denpasar (2002). This paper examines how Muhammadiyah's ideology functions in practice through the implementation of the 5 Khittah, particularly amid the challenges of contemporary life. Drawing on a qualitative library research method, the study engages with official organizational documents, academic literature, and relevant scientific articles. The findings suggest that Muhammadiyah's ideology, rooted in the Qur'an and Sunnah, manifests through a tajdid spirit that balances purification with progress. Rather than remaining mere declarations, the five khittah serve as living guidelines that drive concrete social programs in education, health, and community welfare. At the same time, the pull of partisan politics, the pressures of globalization, and the weakening of ideological understanding among younger members present challenges that cannot be overlooked. Strengthening cadre formation, harnessing digital media for outreach, and embedding khittah values more deeply into organizational culture are essential for Muhammadiyah to remain steadfast in its mission.
M. Maimunah, Eny, Pusparini et al.· Paradigma· 0 citations