al-Rasῑkh: Jurnal Hukum Islam

Supervision of the Implementation of Justice during the Caliphate of the Rashidun from the Perspectives of History and Socio-Politics

Andi Marwah, Zulkifli Zulkifli, Abdul Halim, Asni Asni — Wed, 23 Jul 2025 00:00:00 +0000

Supervision of judicial proceedings during the era of the Rashidun Caliphate was a crucial aspect influencing social justice and the sustainability of early Islamic legal systems. The aim of this study is to conduct a comprehensive analysis of the mechanisms of supervision and the challenges faced by caliphs in ensuring justice during this period. The research methodology employs a qualitative descriptive-analytical library review, examining primary and secondary sources from classical and contemporary literature. Findings indicate that supervision was systematically implemented through the roles of caliphs, community reports, and direct oversight, despite challenges related to geography, limited human resources, and varying interpretations of law. The principles of power separation and the Ijtihad of caliphs actively strengthened the supervision mechanisms, while socio-political dynamics influenced their application and continuation. This study enriches the historical study of Islamic law and offers valuable insights regarding the relevance of past supervision practices in strengthening justice and integrity in contemporary judicial systems.

The Phenomenon of “Bondo Nekat” Marriage in Pesantren and Its Impact on Marital Harmony

Arif Rahman — Thu, 24 Jul 2025 00:00:00 +0000

The phenomenon of impulsive marriages, or “bondo nekat” marriages, occurring within pondok pesantren (Islamic boarding schools) has garnered attention due to the frequent lack of thorough preparation and mutual understanding beforehand. The aim of this study is to analyze the impact and determining factors of the success of “bondo nekat” marriage households at Pondok Pesantren Darullughah Wadda’wah. This research employs a descriptive quantitative approach with a field case study method, collecting data through interviews, observations, questionnaires, and documentation, then analyzing it statistically. The findings reveal that most couples marry with minimal financial preparation and are relatively young, yet they can establish harmonious households thanks to religious knowledge, effective communication, and contentment. Despite economic challenges, they maintain happiness and familial harmony, with pesantren experience strengthening conflict management and duty fulfillment. This study contributes significantly to understanding that material readiness is not the sole determinant of marital success, indicating that religious education and moral values play crucial roles in building a sakinah family.

Transformation of Islamic Law in Responding to the Challenges of Modernity by Integrating Classical Fiqh and Contemporary Fiqh

Dwi Dasa Suryantoro — Thu, 24 Jul 2025 00:00:00 +0000

Islamic law, as a legal system rooted in religious traditions and values, faces great challenges in adapting to the dynamics of modern life. Contemporary fiqh emerged as a solution to this challenge, by offering a more flexible and responsive interpretation to social, political, and technological changes. This article aims to analyze the transformation of Islamic law through contemporary fiqh and the renewal of ushul fiqh to accommodate contemporary issues, such as women's rights, religious pluralism, and individual freedom. It is important to remember that contemporary fiqh does not replace classical fiqh, but rather develops a more flexible interpretation of law, while respecting the basic principles contained in classical fiqh. The research method used is a descriptive qualitative approach with thematic analysis of relevant literature. The results of the study show that contemporary fiqh can serve as a bridge between classical fiqh and the needs of modern times, while maintaining the core values of Islamic law. The contribution of this research lies in the offer of a conceptual framework that strengthens the relevance of fiqh in answering the challenges of modernity in an applicative and contextual manner.

Patriarchal Dominance as a Contributor to Domestic Violence

Dedi Rismayadi, Alimuddin Alimuddin, Riza Afrian Mustaqim — Wed, 06 Aug 2025 00:00:00 +0000

In a society still dominated by patriarchal views, women often face injustice and domestic violence, which hinders gender equality and leads to poverty. This phenomenon, which is often considered a private matter, is further exacerbated by a lack of legal understanding and suboptimal community responses. This study aims to explore in depth the dynamics of patriarchal domination and its impact on domestic violence at the micro level. Using a qualitative case study design in Gampong Cot Matahe, data was collected through in-depth interviews, observations, and documentation studies. The results showed that patriarchal structures are deeply rooted, leading to power imbalances and the normalization of domestic violence, with victims facing stigma and dependency. Although regulations exist, their implementation in the field is still weak due to a lack of legal awareness and the suboptimal role of community leaders in prevention and handling. This study contributes to an enriched understanding of the manifestations of patriarchy and domestic violence at the local community level, and suggests a comprehensive approach for more effective interventions.

An Analytical Review of the Values in Adabul Islam fi Nidzomil Usroh: Early Marriage as a Preventive Measure Against Adultery and a Means of Adolescent Maturation

Hazarul Aswat, Mushthafa Hilmiy Ar Rasyiid Zako — Mon, 03 Nov 2025 00:00:00 +0000

Marriage is the union of a man and a woman who are not mahram (unmarriageable kin). Early marriage refers to the marriage of a man and a woman who are still considered young in age. This study is prompted by the concerning situation in Indonesia today, where many young people have fallen into acts of fornication. Test results show that many young women are no longer virgins and that a significant number have become pregnant outside of marriage. This study seeks to explore one possible solution to the issue of fornication by referring to Islamic teachings, specifically through the book authored by Abuya Prof. Dr. As-Sayyid Muhammad bin As-Sayyid Alwi Al-Maliki Al-Hasani Ra, who is more commonly known as Abuya Maliki Ra. This study employs a qualitative research method, specifically a type of library research. Data collection is carried out by identifying key points relevant to the main issue, followed by analysis of the findings through translation and interpretation. The results are then presented in a discussion that relates directly to the core problem. First, Abuya Maliki wrote this book in response to the various problems occurring within marriage. Second, he structured the book in stages that are easy to understand, explaining each issue individually along with its solution. Third, Abuya Maliki authored the book because the problems addressed in the study had already existed, and have now become even more serious-like a dangerous virus attacking the human body. This study is expected to provide a deeper understanding of the importance of encouraging early marriage, in order to prevent acts of fornication within society.

The Practice of Isbat Nikah and Its Implications for Family Status in the Study of Maslahah Mursalah

Saifullah Alfirdaus, Mufid Arsyad, Haris Santoso — Mon, 03 Nov 2025 00:00:00 +0000

The phenomenon of marriages that are only carried out religiously without state registration still occurs a lot in Way Kenanga District, West Tulang Bawang Regency, causing unclear legal status of families and limited access to civil rights. This study aims to analyze the impact of the practice of marriage confirmation on family status from the perspective of Maslahah mursalah in Islamic law. The study used a qualitative method with case studies, data collection techniques through interviews, observations, and documentation, and was analyzed using a deductive approach using the theory of Maslahah mursalah as the main foundation. The results of the study indicate that marriage confirmation is effective in providing formal legality, strengthening family civil rights, and increasing the social legitimacy of married couples. This practice also fulfills the principles of maqashid al-syari’ah, especially in maintaining offspring and protecting individual rights. The study recommends the need to increase legal socialization programs, simplify marriage confirmation procedures, and provide financial support from the government for low-income communities, in order to expand the benefits of marriage confirmation for the welfare of society in a sustainable manner.

Tracing the Trajectory and Response of Islamic Law to Organ Transplantation According to the Scales of Shari'ah

Agung Ilham Ramadhan, Imron Mustofa — Mon, 03 Nov 2025 00:00:00 +0000

The medical field is gradually beginning to reveal its new breakthroughs related to the discovery of new treatment methods in the form of organ transplantation or the transfer of human organs to save other human organs, which is referred to as transplantation. The urgency of this practice is directed towards individuals who exhibit symptoms of organs detached from normal conditions. The aim of this research is to explore the Islamic legal response to transplantation practices that have not been specifically addressed in the Qur'an. Qualitative research is employed as a method, utilizing a comparative approach to the views of classical and modern scholars in conjunction with the fatwas of religious bodies. The findings of this study demonstrate that the Islamic legal response is very flexible in permitting transplantation practices, thereby making the medical world a bridge for the healing of humanity. This modern treatment method minimizes disparities in the medical field. This article can enrich the literature on organ transplantation by thoroughly analyzing the opinions of classical and contemporary scholars, thus necessitating the drafting of a new fatwa while considering the medical, social, and spiritual dynamics of the Islamic community.

Legal Protection of Women and Children in the Practice of Nikah Sirri (Unregistered Marriage)

Wiranda Soraya, Bukhari Ali, Muhammad Husnul — Mon, 03 Nov 2025 00:00:00 +0000

The practice of nikah sirri (unregistered marriage), which still occurs in several regions including Gampong Ajuen, Peukan Bada District, Aceh Besar Regency, raises serious issues, particularly regarding legal protection for women and children. This study aims to describe the practice of nikah sirri in Gampong Ajuen, analyze its impact on legal protection, and identify preventive, mitigative, and solution-oriented measures to minimize its negative consequences. The research applies a qualitative method with a sociological-empirical approach through field data collection. The findings show that nikah sirri creates various problems, such as wives losing their legal rights when abandoned, and children facing difficulties in obtaining birth certificates, legal recognition, and inheritance rights due to the absence of official marriage registration. This situation highlights the legal and social vulnerabilities experienced by women and children as a result of unregistered marriages. To address these issues, strategic measures are required, including public education on marriage registration through the Office of Religious Affairs (KUA), documentation of nikah sirri couples by village authorities, social assistance from DP3A and the Civil Registry Office, and marriage legalization through isbat nikah at the Sharia Court. The contribution of this research is expected to serve as a reference for formulating legal protection policies while strengthening the fulfillment of women’s and children’s rights at both local and national levels.

Sociological Exploration of Intentions in Marriage: A Study of the Living Hadith of the Prophet Muhammad

Muhammad Zuhdi — Sat, 08 Nov 2025 00:00:00 +0000

The rising divorce rate in Indonesia reflects a shift in the meaning and orientation of marriage. Many couples enter marriage not out of sincere spiritual intent or devotion but are driven by materialistic and social motivations that are temporary in nature. This study aims to explore the concept of intention (niyyah) in marriage based on the teachings of Prophet Muhammad (peace be upon him) and its sociological implications for marital stability in contemporary society. The research employs a qualitative, descriptive–exploratory approach through the study of relevant hadiths and in-depth interviews with Muslim couples and religious counselors. The findings indicate that intention plays a significant role in determining the quality and sustainability of marriage. Couples who marry with sincere and worship-oriented intentions tend to demonstrate healthier communication, stronger commitment, and greater resilience in facing life’s challenges. Conversely, marriages founded on worldly motives such as wealth, social status, or physical attraction are more vulnerable to conflict, disappointment, and divorce. These findings align with the Prophet’s warning that impure intentions lead to humiliation and failure within marriage. The study concludes that purifying one’s intention is a fundamental step toward building a harmonious family amid the challenges of modern materialism and individualism. Practically, the results underscore the importance of incorporating spiritual and ethical values into premarital education for Muslim families.