Ahkam: Jurnal Ilmu Syariah
https://journal.uinjkt.ac.id/index.php/ahkam

Contemporary Fiqh in Indonesia: The Dynamics of Istinbāṭ alAḥkām at Ma'had Aly Salafiyah Shafi'iyah Sukorejo Situbondo
10.15408/ajis.v24i1.321754
M. Sulthon*1, Imam Syafi’i2, and Auliya Ghazna Nizami3
1,3

Universitas Islam Negeri Sunan Ampel Surabaya, 2Universitas Islam Zainul Hasan Genggong Probolinggo
sulthonproling@gmail.com*

Abstract
Fatwas have so far been issued by religious institutions in Indonesia. Not many Islamic educational
institutions based in pesantren perform istinbath al-ahkam in response to contemporary issues. Ma'had
Aly Salafiyah Syafi'iyah Sukorejo Situbondo in East Java (Ma'had Aly Situbondo) is one of the Islamic
educational institutions within the pesantren environment contributing to the formulation of fatwas. This
research examines the istinbāṭ al-ahkām conducted by Ma'had Aly Situbondo using a field research
method involving interviews with students and lecturers of Ma'had Aly Situbondo, as well as studying
documents from the Tanwirul Afkar bulletin from 2020-2021. The bulletin contains a collection of
findings from the Istinbāṭ al-Ahkām Ma'had Aly Situbondo addressing contemporary legal issues. The
research findings explain that istinbāṭ al-ahkām at Ma'had Aly Situbondo uses qauli and manhaji
approaches. The qauli approach combines texts from fiqh books with texts from the Qur'an and Hadith.
In contrast, the manhaji approach involves exploring the principles of fiqh and usul al-fiqh (manhajiy
school) based on public interest considerations.
Abstrak
Fatwa selama ini disusun oleh lembaga keagamaan di Indonesia. Tidak banyak lembaga pendidikan
Islam yang berbasis pada pesantren melakukan istinbāṭ al-aḥkām dalam merespons persoalan-persoalan
kontemporer. Ma’had Aly Salafiyah Syafi'iyah Sukorejo Situbondo Jawa Timur (Ma’had Aly
Situbondo) merupakan salah satu lembaga pendidikan Islam di lingkungan pesantren yang berkontribusi
pada penyusunan fatwa. Penelitian ini mengkaji istinbāṭ al-aḥkām yang dilakukan Ma’had Aly
Situbondo dengan menggunakan metode field research yang digali dari wawancara kepada mahasiswa
dan dosen Ma’had Aly Situbondo serta studi dokumen yang bersumber dari buletin Tanwirul Afkar
tahun 2020-2021. Buletin tersebut berisi kumpulan hasil istinbāṭ al-aḥkām Ma’had Aly Situbondo
dalam merespons problematika hukum kontemporer. Temuan penelitian menjelaskan bahwa istinbāṭ
al-ahkām Ma’had Aly Situbondo dilakukan dengan pendekatan qawlī dan pendekatan manhajī.
Pendekatan qawlī dilakukan dengan memadukan antara teks yang terdapat dalam kitab-kitab fikih
dengan teks al-Qur’an dan hadis, sedangkan pendekatan manhajī dilakukan dengan menelusuri kaidah
fikih dan ushul fikih yang berbasis pada kemaslahatan.

Keywords:
Fiqh; Istinbāṭ al-aḥkām; Ma'had Aly Situbondo; Tanwirul Afkar Bulletin
How to Cite:
Sulthon, M., Syafi'i, and Nizami, A.G. (2024). Fikih Kontemporer di Indonesia: Dinamika Istinbāṭ al-Aḥkām di Ma'had Aly
Salafiyah Shafi'iyah Sukorejo Situbondo. AHKAM: Jurnal Ilmu Syariah, 24(1). https://doi.org//10.15408/ajis.v24i1.32174

119 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

Introduction
The character of Islam is flexible (Drury, 2012), which does not demand that Muslims
adhere to a particular school of thought (madhhab) or bind themselves to one specific madhhab
(al-iltizām bi mażhabin mu'ayyanin). Insisting on following a particular madhhab can lead to
religious difficulties and narrow-mindedness (Al Maliky, 2007). This is certainly not in line with
the purpose of the emergence of multiple schools, which are a blessing and mercy for Muslims in
practicing Islamic law. All schools and the opinions of scholars hold equal positions, potentially
correct or incorrect (Mahfudin, 2014).
The Islamic jurisprudence (fiqh) produced by madhhab scholars results from the thinking
of mujtahids, reflecting the dynamics of societal realities (Motzki, 2002). Applying ijtihād
outcomes, shaped by a particular social community and cultural realities in a 'black-and-white'
manner, is impractical in other social communities with different cultural backgrounds (Hallaq,
1999). Similarly, imposing specific legal products from the past on contemporary issues tends to
be inappropriate (Aibak, 2017). If left unaddressed, fiqh, symbolizing progressiveness in Islam,
could become rigid and fossilized (Arkoun, 1995). Fiqh has always been constructed as an
evolving and renewable product, not static and rigid (Van Niekerk & Verkuyten, 2018). The
dynamic and flexible nature of fiqh ensures its acceptance in every place and time (Hofmann,
1999) because fiqh is a product of both text and reality, constantly adapting to local cultures
(Fauzi, 2019).
Ma'had Aly Situbondo recognizes the progressiveness of fiqh in addressing contemporary
issues Muslims face. As a center for Islamic studies, Ma'had Aly Situbondo aims to produce
experts in fiqh and uṣūl al-fiqh capable of responding to social dynamics, including contemporary
legal issues, with a balance of ritual and social activities (Abu & Wawan, 2016). Ma'had Aly
Situbondo is an educational institution that utilizes uṣūl al-fiqh, al-qawā'id al-fiqhiyyah, and alqawā'id al-maqāṣidiyah as tools to address contemporary Islamic legal issues (Musahadi, 2013).
Scholars have extensively conducted studies on istinbāṭ al-aḥkām at Ma'had Aly
Situbondo. One such study by Purnomo et al. focuses on the development of fiqh at Ma'had Aly
Situbondo. As a higher education institution within the pesantren system, Ma'had Aly Situbondo
has distinct characteristics compared to other pesantren. In this pesantren, uṣūl al-fiqh is placed in
the most central position in Islamic law study, adopting a manhajī approach. This is intended to
provide concrete responses to various issues frequently occurring in society (Purnomo et al.,
2024).
Yaqin et al. (2022) further clarify this study by stating that Ma'had Aly Situbondo takes
a moderate stance in implementing Islamic law by integrating texts (nash) with social, economic,
political, and cultural contexts, as well as maqāṣid al-sharī’ah. Ma'had Aly Situbondo takes a
middle path between conservatives, who refer strictly to the apparent text (ẓahir al-nuṣūṣ), and
liberals, who tend to liberate reasoning and disregard the text. Ma'had Aly Situbondo believes that
every text of sharia contains the objectives of sharia (maqāṣid al-sharī’ah) (Hanafi, et. al., 2022).
This inclination of Ma'had Aly Situbondo is reinforced by other studies that assert that the freedom
of thought at Ma'had Aly Situbondo is not limited to one school but includes all four schools.
Moreover, the teaching of fiqh is combined with other sciences, such as philosophy, sociology,
and anthropology (Gazali & Malik, 2009). However, Musahadi suggests that the study of Islamic
law at Ma'had Aly Situbondo is strongly influenced by liberal elements, both at the
epistemological and practical levels, influenced by liberal thinkers, both classical and modern,
local and global (Musahadi, 2013).
In methodically developing Islamic jurisprudence (fiqh) studies in Indonesia, Ma'had Aly
(1) conducts methodological revitalization by using a new and pure reading model of old
epistemological issues (uṣūl al-fiqh) from various fiqh schools but with forms, methods, and

AHKAM – Volume 24, Number 1, 2024 | 120

Contemporary Fiqh in Indonesia

patterns that are constantly updated, (2) presents counter-texts (text diversification), and (3)
expands interpretation and reconstructs adherence to a school without fanaticism toward any
particular fiqh school but rather adopts the opinions of schools that best suit the issues at hand.
These methods are developed to enrich the understanding of Indonesian Islamic jurisprudence's
development and future perspectives (Bashori, 2017).
This study focuses on the istinbāṭ al-aḥkām methods of Ma'had Aly Situbondo in
responding to contemporary issues. Specifically, this study looks at the collective nature and
methods of istinbāṭ al-aḥkām at Ma'had Aly Situbondo. Its position is clear: Ma'had Aly employs
both the qawlī and manhajī approaches in performing istinbāṭ al-aḥkām amidst diverse ijtihād
developments. Additionally, as an Islamic educational institution based in a pesantren, Ma'had
Aly Situbondo prepares scholars capable of performing collective istinbāṭ al-aḥkām based on its
main fields of knowledge: fiqh, uṣūl al-fiqh, al-qawa'id al-fiqhiyyah, and the necessary social
sciences.
Method
This research is a field study based on interviews with lecturers, mentors, and students of
Ma'had Aly Situbondo. Other data sources include the Tanwirul Afkar bulletin from 2020-2021,
which contains the works of istinbāṭ al-aḥkām by Ma'had Aly Situbondo in response to
contemporary issues. This study focuses on the development of istinbāṭ al-aḥkām at Ma'had Aly
Sukorejo Situbondo by describing the dynamics of changes that occur in initiating new legal
rulings that did not previously exist. The study compares the Islamic legal decisions produced by
Ma'had Aly Situbondo, published in the Tanwirul Afkar bulletin, with Islamic legal sources and
the opinions of scholars, using the approaches of al-qawa'id al-fiqhiyyah and uṣūl al-fiqh.
From Classical to Contemporary Fiqh
Istinbāṭ al-aḥkām implies the uncovering of implicit or hidden meanings from the sources
of sharia texts (al-Wahbi, 2007). This involves reasoning based on a methodology to understand
the meanings of the Quran and Hadith (al-Jurjanī, 1405) through ijtihād (Aḥmad bin Muḥammad
bin' Ali al-Fayūmi, n.d.). Using ijtihād indicates that istinbāṭ al-aḥkām is based on uṣūliyyah
principles as guidelines for understanding sharia texts from an Islamic legal perspective (Ar-Ruki,
1994).
Scholars of uṣūliyyah have formulated several methods of istinbāṭ al-aḥkām (Abū Zahrah,
2004). Generally, the methods of istinbāṭ al-aḥkām are divided into two: the linguistic approach
(ṭuruq al-lafẓiyyah) and the semantic approach (ṭuruq al-ma'nawiyyah) or maqāṣid al-sharī’ah
(Nur et al., 2020). Uṣūl al-fiqh concentrates on understanding the content of texts (al- Alwani,
1990). This approach involves the study of words (lafẓ) and the structure of texts. Istinbāṭ alaḥkām from textual sources cannot be achieved without a deep understanding of the text content
(al-Ghazālī, 1997). Through this method, the meaning of a text established by sharia and its legal
content can be understood (Wahbah, 2005).
Meanwhile, the maqāṣid al-sharī’ah approach focuses on the objectives of sharia (Auda,
2022) as the primary purpose of divine law for humanity (Jackson, 2006) to achieve the wellbeing of Allah's servants both in this world and the hereafter (al-Shāthibī, 2004; al-Raisuni, 1995).
Maqāṣid al-sharī’ah, as every purpose and wisdom reflected in divine decrees, is perceived
universally across various domains of law (Ibnu Asyur, 2001) as every objective and secret
behind legal provisions (al-Fāsī, 1993).

121 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

Regarding the above istinbāṭ al-aḥkām approaches, Islamic jurisprudence from classical
to present times has experienced dynamics. Classical jurisprudence vividly depicts legal practices
in Muslim societies over centuries (Coulson, 2011). Classical jurisprudence, as a legal
jurisprudence in the early period of Islamic development, is viewed as divine instruction that
neglects the social context of the society where the law is applied. The controlling authority of
law held by classical jurisprudence was very dominant. Contextual elements, which have more
control than textual elements in jurisprudence, were powerless and separate from the rule-making
and binding law process. Additionally, historical considerations were often ignored when
establishing regulations. This resulted in rigid and stagnant legal products irrelevant to social facts
and needs (Ramadan, 2006).
Contemporary fiqh (Wahib, 2021) studies the current development of fiqh thought
(Coulson, 2017), emphasizing Islam's contribution to solutions to contemporary issues.
Contemporary fiqh is inseparable from the understanding of masā'il al-fiqhiyyah (Nilfatri, 2021),
which occurs in society and requires legal answers (Hasan, 2012). It can also be interpreted as
fiqh issues the community faces where legal answers are needed to align their daily activities and
behavior with Islamic teachings (Philips, 2006, Dahlan, 1997).
In recent years, the study of contemporary fiqh has garnered significant attention from
both Muslim scholars and Western academics. From the perspective of Western scholars, the
study of contemporary fiqh can provide insights into the challenges of applying traditional Islamic
law in a rapidly changing world (Emon et al., 2012). One of the main concerns of contemporary
fiqh is the application of Islamic law within modern legal systems. Islamic law, known as shariah,
is often perceived as incompatible with Western legal systems. Western scholars have argued that
implementing shariah law would violate human rights and the separation of religion and state
(Laskowska, 2016). Additionally, the application of sharia law in modern societies has been
criticized for being overly conservative and not in line with contemporary social norms
(Damayanti, 2023).
Despite these criticisms, many Muslim scholars argue that Islamic law is flexible enough
to adapt to modern contexts (Suhartini et al., 2017). They point out that Islamic law has a long
tradition of reinterpretation and adaptation, which can continue today. For example, in recent
years, there has been a growing movement among Muslim scholars to reinterpret Islamic law in
ways more aligned with contemporary understandings of gender equality (Ramli et al., 2013).
One area of concern in contemporary fiqh is the application of Islamic family law. This
law deals with marriage, divorce, custody, inheritance, and other related matters. One of the main
challenges in applying Islamic family law in modern times is the tension between traditional
Islamic legal norms and contemporary social realities (Khan, 2011). For example, conventional
Islamic family law often grants more rights to men than to women, such as in matters of divorce
and child custody. However, in many modern societies, there is increasing recognition of women's
rights and gender equality, leading to calls for reforming Islamic family law to make it more
equitable.
In many modern societies, a complex legal system involves secular and religious laws.
This can lead to conflicts between Islamic and secular family law, which are difficult to reconcile
(Baderin, 2003). For instance, in some countries, Islamic family law allows polygamy, while
secular family law prohibits it. This can create difficulties for families trying to navigate both
legal systems.
The study of contemporary fiqh offers essential insights into the challenges of applying
traditional Islamic law in a modern context. Although Western scholars have different views on
the compatibility of Islamic law with modern legal and economic systems, there is no doubt that

AHKAM – Volume 24, Number 1, 2024 | 122

Contemporary Fiqh in Indonesia

the study of Contemporary Islamic Jurisprudence is an essential area of research in Islamic
studies. As the world continues to change, Muslim scholars and Western academics need to work
together to explore the possibilities and limitations of contemporary Islamic jurisprudence
(Fauzan et al., 2023).
Competence in Istinbāṭ al-Aḥkām at Ma'had Aly Situbondo
In developing competence in istinbāṭ al-aḥkām at Ma'had Aly Situbondo, several
educational methodologies are employed (Habsis, 2021). The education at Ma'had Aly is designed
through a combination of three models: higher education, Islamic boarding school (pondok
pesantren), and traditional Islamic education. The study of fiqh (jurisprudence) and ushul al-fiqh
(principles of jurisprudence) at Ma'had Aly involves a comparative method between classical and
contemporary schools of thought.
In order to enhance qualifications in istinbāṭ al-aḥkām (derivation of Islamic rulings),
Ma'had Aly employs several types of instructional materials. First, Basic Materials (al-mawād alasāsiyyah), which include al-qawāid al-fiqhiyyah (principles of Islamic jurisprudence), āyāt alaḥkām (verses of rulings), aḥadīth al-aḥkām (ḥadīths of rulings), 'aqīdah (creed), and sufism.
Second, specialized materials (al-mawād al-uṣūliyyah), specifically fiqh (Islamic jurisprudence)
and uṣūl al-fiqh (principles of Islamic jurisprudence). Third, supporting materials (al-mawād almusā'idah), which include philosophy of Islamic jurisprudence, Quranic studies, Hadith studies,
Sīrah Nabawiyah (prophetic biography), 'āthār al-ḥadīth fī ikhtilāf al-fuqahā' (effects of Hadith
on jurists' disagreements), and research methodology. These supporting courses aid in the delivery
of education in fiqh and uṣūl al-fiqh as part of istinbāṭ al-aḥkām. Fourth, complementary materials
include social analysis, advocacy techniques, scientific writing techniques, Islamic boarding
schools, and community service (Yazid, n.d., 2010).
From this model, Ma'had Aly Situbondo students are trained in various scientific
disciplines to sharpen their academic intellectual reasoning. The fiqh course is hoped to help
students understand the school of qawl al-ulamā’ and thought in the yellow book as products of
the ijtihād. With uṣūl al-fiqh material, Ma'had Aly Situbondo students began to expand their
understanding of the ṭuruq istinbāṭ al-aḥkām of school imams so that they could discover and
create laws. With the al-qawa'id al-fiqhiyyah course, students can understand all the issues of
jurisprudence (Madid, 2021).
The materials on the methods of istinbāṭ al-aḥkām encompass various subjects, including
theories of law (al-aḥkām al-shar'iyyah), theories of legal sources (maṣādir al-aḥkām), theories
of language (al-qawā'id al uṣūliyyah al-lughawiyyah), and theories of maqāṣid al-shar'īah (alqawā'id al-uṣūliyah al-tashrī'iyyah). These courses are designed to provide students with an
understanding of the methodologies employed by the scholars of different madhhabs (schools of
thought) in deriving rulings, enabling them to apply and practice these methods to address
contemporary issues in human life, taking into account the relevant conditions and circumstances
(Yazid, 2010).
In developing istinbāṭ al-aḥkām, Ma'had Aly Situbondo implements various processes to
enhance the competence of its students in this field. This is evident from four key aspects. The
first is the academic design aspect, which includes the organization of education, teaching and
learning activities, and teaching methods. Second, the curriculum structure aspect, which consists
of primary materials (al-mawād al-asāsiyah), concentration materials (al-mawād al-uṣūliyah),
supporting materials (al-mawād al-musā'idah), and supplementary materials. Third, the aspect of

123 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

teaching staff and students, where the staff comprises competent experts, and the students are
selected through a rigorous admission process.
Figure 1.
The Process of Competence in Istinbāṭ al-Aḥkām

The Tanwirul Afkar Bulletin as a Contribution to Islamic Law
The legal scholars at Ma'had Aly emphasize their attention to a concept that has long been
the driving force of change in Islamic law (Fadli, 2020), namely the method of istinbāṭ al-aḥkām.
The development of the istinbāṭ al-aḥkām method at Ma'had Aly can be classified into two periods
in the development of Tanwirul Afkar Bulletin as a product of its evolution: the Early Period of
the emergence of Tanwirul Afkar Bulletin and the enhancement period of Tanwirul Afkar.
In early August 1997, Ma'had Aly marked a historic moment by initiating an Islamic
bulletin named Tanwirul Afkar, published every Friday. The mission of this bulletin was to
address contemporary fiqh issues comprehensively and responsibly. Its idealism aimed to produce
fiqh that remains connected to social realities, capable of engaging with societal needs while
remaining rooted in tradition yet relevant to the present (Tim Buletin Tanwirul Afkar, 2015).
The Tanwirul Afkar team was uneasy due to the responses provided by the Bahtsul Masail
forum of Nahdlatul Ulama (NU), which did not fully grasp the cases to be judged (maḥkūm fīh)
and deferred (mauqūf) when qawlī responses from the classical texts were not found. Besides
holding strong Salafi traditions, Ma'had Aly, an institution born from the ranks of Islamic boarding
school teachers (kyai), aimed to demonstrate that the legacy of past scholars could still be used to
address current issues. Every week, the Tanwirul Afkar bulletin team discussed current issues
affecting society. Each issue was approached holistically, comprehensively, humanely, and
moderately. Elaboration on textual and contextual aspects was the foundation for addressing every
contemporary problem (Tim Redaksi Tanwirul Afkar, 2000).
The academic community at Ma'had Aly has a dual ambition. Firstly, they aim to find
ways to comprehensively and responsibly address contemporary issues. Cases are approached not
unilaterally but comprehensively. Secondly, the fiqh responses are based on clear arguments and
can be academically justified (Tim Buletin Tanwirul Afkar, 2015). The period of the bulletin's
inception was initially confirmed by establishing the basic characteristics possessed and not
possessed by the methods and theories of other ijtihād institutions. Ijtihād at Ma'had Aly

AHKAM – Volume 24, Number 1, 2024 | 124

Contemporary Fiqh in Indonesia

genuinely considers societal needs, where emerging issues are addressed. In other words, the fiqh
produced through istinbāṭ al-aḥkām at Ma'had Aly is societal.
The subsequent period marks the enhancement and development phase of the Tanfwirul
Afkar Bulletin. The strong foundation established initially continued to be improved through
database updates and the expertise of human resources, which became the hallmark of this era.
Over time, the Tanwirul Ahkam Bulletin required mujtahids to update their resources continually.
The results of ijtihād from the Tanwirul Afkar Bulletin have reached over 500 titles. The Tanwirul
Afkar Bulletin was subsequently used as material for five book titles: "People's Fiqh: The
Connection of Fiqh with Authority" (Redaksi Tanwirul Afkar, 2000), "Realistic Islamic
Jurisprudence Response of Ma'had Aly to Contemporary Islamic Legal Discourse" (Redaksi
Tanwirul Afkar, 2000) "Contextual Fiqh, Islamic Jurisprudence today, and Progressive Fiqh"
(Redaksi Tanwirul Afkar, 2005). Discussions in these books were included in several sub-chapters
grouped by themes.
By the end of 2012, starting from the 501st edition, the Tanwirul Afkar Bulletin no longer
appeared in weekly leaflets. It was instead published monthly with additional interesting columns
and in-depth discussions. The changes in the Tanwirul Afkar Bulletin are part of the maximum
efforts of Ma'had Aly's students, who are prepared as cadres of fiqh experts expected to contribute
to addressing the evolving religious issues in society today.
Steps and Methods of Istinbāṭ al-Aḥkām
Steps of Istinbāṭ al-Aḥkām
In its formulation process, Ma'had Aly Situbondo follows several steps in istinbāṭ alaḥkām as published in the Tanwirul Ahkam. These steps include the topic selection phase,
academic session phase, data validity phase, writing phase, re-correction phase, editing phase,
consultation phase with an expert team, and final publication phase (Madid, 2023).
The first phase involves selecting discussion topics, where the entire team, especially the
editors and executive editors, searches and selects issues. Suitable sources for examination and
discussion typically stem from religious questions or consultations raised by the community. From
these sources, the Tanwirul Afkar team accumulates numerous issues related to jurisprudence. To
determine a topic for the academic session, the entire squad convenes and agrees on a subject
meeting Tanwirul Afkar's discussion criteria, namely relevance, interest, uniqueness, urgency for
immediate response, relevance to the public, among others (Direktorat Pendidikan Diniyah dan
Pondok Pesantren Direktorat Jenderal Pendidikan Islam Kementerian Agama RI with Ma'had Aly
PP. Salafiyah Syafiíyah Sukorejo Situbondo Jawa Timur, 2009).
The subsequent phase involves the academic session, where detailed discussions on the
selected issues occur. Those who have experienced the issue or represent Ma'had Aly Situbondo
students present their findings. Following the presentation, participants are invited to ask
questions to clarify any ambiguities until the problem is fully understood according to the
perception of Ma'had Aly Situbondo students.
After that, participants of the academic session are dispersed to find answers to the issues
arising from the problem descriptions presented earlier. These participants are divided into several
groups, with some students seeking answers in the books of the Shāfi'ī, Ḥānafī, Mālikī, and
Ḥanbalī schools of thought, Hadith collections and commentaries, Tafsir books, and contemporary
literature. If the discussion touches on sufism, some are tasked with finding answers in Sufi and
ethics literature. To facilitate reference tracking, the Tanwirul Afkar academic sessions, whether
physical or digital, never occur outside the library. Once they feel prepared, they return to the
discussion room to collectively discuss their findings.

125 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

Here occurs the exchange of ideas among the groups. This exchange of ideas among the
students of Ma'had Aly Situbondo is referred to as “the transaction of thought”. Suppose there are
no disagreements among the four schools of jurisprudence and the various interpretations of
Hadith and Tafsir. In that case, the students of Ma'had Aly Situbondo seek to strengthen their
argument with the foundation of uṣūl al-fiqh or legal maxims, thereby making the jurisprudential
framework published by Ma'had Aly Situbondo more philosophical and argumentative.
Conversely, when opinions from different schools and groups vary, uṣūl al-fiqh and legal maxims
become essential in selecting which opinion is more argumentative and beneficial to the
community.
After the discussion in the academic session, the students will crosscheck the data for
further study. This is done because misunderstandings of the referenced texts sometimes occur.
The crosschecking of data is solely conducted by the executive editor team, who select the
necessary references and discard forced ones, ensuring that only relevant data remains in their
possession. While validating the data, the executive editors translate the Arabic references into
communicative Indonesian. However, the executive editors sometimes summarize each relevant
reference and then elaborate on it in communicative Indonesian.
A comprehensive final writing phase begins after the executive editors submit all relevant
data. The Editors standardize various data to align with the Tanwirul Afkar language style.
Additionally, they systematize the incoming writings from the executive editors to make them
orderly and easily understandable. Once translated into the Tanwirul Afkar language, the next step
is to have the executive editors make a final round of corrections. For this re-correction phase, all
executive editors gather to read through the edited writings and rectify any identified errors.
The editors will have less extensive tasks once all these stages are completed. Their role
mainly involves editing the structure, coherence from beginning to end, analytical sharpness, and
data validity. Occasionally, editors are tasked with restructuring, supplementing references,
adding analysis, or making minor changes to wording. Consultation with the expert team rarely
occurs unless there is a deadlock at the level of the editors. The expert team is not involved once
sufficient corrections are made at the editing stage.
Method of Istinbāṭ al-Aḥkām
Ma'had Aly Salafiyah Situbondo employs a collective method (istinbāṭ jamā'ī) in
conducting istinbāṭ al-aḥkām, or deriving legal rulings in Islamic jurisprudence. Each cohort of
Ma'had Aly Situbondo forms an administration tasked with roles and functions in formulating and
analyzing legal issues.
Ma'had Aly Situbondo collectively engages in understanding and studying classical and
contemporary texts, employing task division in referencing various disciplines. Specific
responsibilities include studying exegesis, Hadith, texts authored by legal school scholars and
their followers, and commentaries per predefined roles. The method of formulating Islamic law is
divided into several groups, each with distinct tasks in fields such as exegesis, Hadith, legal
schools, contemporary issues, principles of jurisprudence, and, if necessary, sufism.
The school of jurisprudence is divided into four groups tasked with tracing the texts of the
Shāfi'ī, Ḥānafī, Maliki, and Ḥanbalī schools. They are responsible for researching and evaluating
jurists' opinions, the evidence used, and their logical arguments. The exegesis group collects and
correlates verses relevant to the issue at hand, investigates the occasions of revelation (asbab alnuzūl) of those verses, identifies Makki and Madani verses, distinguishes abrogating (nāsikh) and
abrogated (mansūkh) verses, and understands the interpretations of the exegetes. The Hadith group
is obligated to trace, collect, and link the relevant Hadiths, detect the circumstances of their
occurrence (asbab al-wurūd), study the verification of Hadith chains (takhrīj), distinguish the
quality of Hadiths, and so forth.

AHKAM – Volume 24, Number 1, 2024 | 126

Contemporary Fiqh in Indonesia

Next, the contemporary issues group (mu'āṣirah) is tasked with tracing and studying
contemporary texts, fatwas from contemporary scholars, and their logical arguments. The
principles of jurisprudence (uṣūl al-fiqh) and legal maxims group is obliged to search for and
delve into theories, principles of jurisprudence, and legal maxims relevant to the issues under
discussion. They present their findings in a discussion forum after researching and analyzing
classical and contemporary texts. Subsequently, they collectively analyze and prioritize their
research findings using theories, principles of jurisprudence, legal maxims, and classical and
contemporary objectives of sharia (maqāṣid al-sharī'ah). They then formulate Islamic law on the
specific cases or problems, selecting opinions appropriate to the situation, conditions, and benefits
(Azizi, 2003).
In the next stage, Ma'had Aly Situbondo applies the method of foundational deduction
(istinbāṭ uṣuli, istinbāṭ manhajī) to understand the texts of Islamic law and their meanings in
deciding Islamic rules. In this stage, approaches include linguistic analysis principles, foundations
of sharia, objectives of sharia, context of texts (such as reasons for revelation or circumstances of
occurrence), and linking one text with another.
In the book "Fiqh Rakyat," it is mentioned that Ma'had Aly Situbondo applies a framework
with three methods of istinbāṭ, namely revitalization of principles of jurisprudence, diversification
of texts, and extension of interpretive domains (Editorial Team Tanwirul Afkar Ma'had Aly PP.
Salafiyah Syafi'iyah, 2011). Revitalization of principles of jurisprudence can be understood as
optimizing the use of the foundational tenets (al-qawā’id al-uṣūliyyah), which in the method of
istinbāṭ of Nahdlatul Ulama (NU) is considered one of the tools of the method of manhajī.
Meanwhile, the manhajī method itself, regarded as one of the methods of istinbāṭ, optimizes the
use of foundational principles (al-qawā’id al-uṣūliyyah), which in the tradition of forming Islamic
law in NU is also regarded as one of the tools of the manhajī method (Asrori, 2011).
Regarding the mention of the method of istinbāṭ termed diversification of texts, and
extension of the scope of interpretation (ta'wīl), these are considered part of the Manhajīy method
as they fall within the realm of uṣūl al-fiqh. Diversification of texts involves presenting alternative
texts based on considerations of maṣlaḥah (public interest). If a text promotes public welfare,
regardless of its status, it can still be utilized as a legal source with full authority to specify
(takhṣīṣ) or abrogate (nasakh), among other rights, as governed by uṣūl al-fiqh. If theoretical
precedent is necessary, the operational method can employ the maxim: "Using two pieces of
evidence simultaneously is better than rejecting one" (Tim Redaksi Tanwirul Afkar, 2000).
This approach necessitates decision-making and legal rulings based on maslahah as the
foundation of law (Khatib, 2021). Ma'had Aly does not prioritize the source of an opinion—
whether it originates from a particular scholar or which book it comes from (whether reputable or
not, classical or contemporary). Instead, the criterion is which opinion is more capable of realizing
benefit amidst society. Diversification of texts is not a novel concept in the history of istinbāṭ;
classical texts mention that texts of any quality—according to some scholars—can still serve as a
basis of argument. Therefore, utilizing evidence or texts that better reflect the community's
welfare is emphasized (al-Sha'ranī, 1979).
Extension of the scope of interpretation involves broadening the application of ta'wīl
(interpreting a word from its literal meaning to a more distant meaning due to a strengthened
reason) (Jabbār, 1965). In this regard, Ma'had Aly Situbondo's principle is that if a text's literal
meaning does not support public welfare, then ta'wīl is pursued. Essentially, ta'wîl involves
adopting a more distant meaning within the confines of the text. The risk associated with ta'wîl is
not to discard the text but to postpone its immediate meaning. The operational method of ta'wīl is
akin to Imam Hanāfi's theory of istihsan, where istihsan involves abandoning clear analogy (qiyās
jalī) in favor of concealed analogy (qiyās khafī) due to considerations of public interest (Tim
Redaksi Tanwirul Afkar, 2000).
127 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

A text potentially carries more than one meaning. Hence, there is a need to extend the
scope of ta'wîl or broaden the interpretation's domain. The intended extension involves opening
up the possibilities of interpretation when (1) a text in its literal meaning does not reflect public
welfare or inadequately promotes peace among humanity, and (2) there is a contradiction
(ta’āruḍ) between two texts.
Istinbāṭ al-Aḥkām of Ma’had Aly Situbondo
Forced Marriage
The outcome of istinbāṭ al-aḥkām (derivation of legal rulings) by Ma'had Aly Situbondo
regarding forced marriage is approached through several perspectives, particularly in response to
the issues raised in the Bill of the Elimination of Sexual Violence (RUU PKS).
In the RUU PKS, forced marriage is classified as a form of sexual violence (Article 11
paragraph 2 letter f). Forced marriage is understood as the misuse of power through physical
violence, threats of violence, deception, a series of lies, or other psychological pressures that
prevent a person from giving genuine consent to marriage (Article 17). The question arises
whether forced marriage falls under the category of forced marriage as stipulated in the RUU
PKS. In responding to this issue, Ma'had Aly examines it through several approaches, including
obedience to the government, opinions of scholars regarding the concept of ijbār (compulsion),
and the legal foundations or sources used, as well as distinguishing between ijbār and ikrāh
(coercion). Firstly, concerning obedience to the government, in Islamic jurisprudence, all laws
and regulations of the state are binding, meaning all citizens are obligated to obey them as long
as they are not believed to contradict shariah.
Regarding sharia rules, the state is positioned to reinforce rules established in shariah,
whether they involve obligations or prohibitions. Additionally, the state may mandate something
that, in shariah is only permissible. However, a guiding principle must be adhered to: legislation
must not contradict sharia or fail to benefit the community (al-Mazrū', 2012).
Secondly, ijbar refers to a marriage conducted by a father or grandfather on behalf of their
adult daughter without seeking her prior consent. Scholars have varying opinions on ijbār —some
permit it, while others do not (al-Zuhaiylī, 1989). Each group relies on the same Hadith: "The
widow is more entitled to herself than her guardian, and the virgin's consent is sought, and her
consent is her silence." (al-Naysaburī, 2006).
Scholars who do not permit ijbār argue based on the latter part of the Hadith, whereas
those who allow it base their stance on the implied meaning derived from the earlier part of the
Hadith. The logic follows that if a widow has more rights over herself than her guardian, then a
virgin has more rights over her guardian than herself. Among the Shafi'i scholars who permit
ijbār, they establish certain conditions. These include the validity of the marriage contract and the
conditions necessary for the guardian to exercise ijbār (al-Bājurī, 1992)
From the understanding above, Ma'had Aly Situbondo distinguishes between ijbār
(compulsion by the guardian in marriage) and ikrāh (coercion generally involving threat). One of
the signs of ikrāh is the presence of a threat. Therefore, a marriage involving coercion (ikrah) falls
under the category of forced marriage as outlined in the Bill of the Elimination of Sexual Violence
(RUU PKS). Meanwhile, a marriage involving ijbār that meets the specified conditions does not
fall under the category of forced marriage as intended by the RUU PKS.

AHKAM – Volume 24, Number 1, 2024 | 128

Contemporary Fiqh in Indonesia

Zakat to Community Leaders
Another result of istinbat by Ma'had Aly Situbondo is regarding zakāt al-fiṭr given to
community leaders. During the holy month of Ramadan, Muslims give zakāt al-fiṭr to community
leaders they regard as role models, such as kiai (Islamic scholars), Quranic teachers, ustadz
(religious teachers), and others. In their study, Ma'had Aly examines primary sources, including
the Quran and Hadith, as well as the opinions of scholars and the evidential aspects. This
comprehensive analysis concludes the eligibility criteria for receiving zakat al-fitr. The eligibility
is based on several factors, notably the interpretation of fī sabīlillāh (in the way of Allah).
According to most Islamic jurists and experts in Quranic exegesis, "fi sabilillah" in Surah atTawbah: 60 refers to those who engage in warfare to uphold the name of Islam. Those who
participate in jihad (struggle) in the path of Allah are entitled to receive zakat funds to prepare for
the necessities of war (Shihab, 2002).
In contrast, according to the renowned philosopher Imām Fakhruddīn al-Rāzī, author of
the exegesis "Mafātih al-Ghayb" the meaning of fī sabīlillāh extends beyond combatants in the
path of Allah (al-ghazwah fī sabīlillāh) to encompass all forms of goodness. He cites Imām alQaffāl and some Hanafi scholars who argue that zakat funds can be distributed for any charitable
purpose that promotes goodness, such as burial expenses, fortification, and mosque construction,
as the term fī sabīlillāh in the verse includes all dimensions of beneficial actions (al-Rāzī, 1981)
Therefore, in the view of Ma'had Aly Situbondo, it is permissible for community leaders,
including kiai, Quranic teachers, ustadz, and their students, to receive zakāt al-fiṭr. This
conclusion is derived from the istinbāṭ al-aḥkām system, which combines various juristic schools'
opinions with a thorough study of Quranic texts, Hadith, and principles of Islamic jurisprudence
(uṣūl al-fiqh). This approach involves tarjih (weighing and prioritizing) based on relevance and
appropriateness according to prevailing conditions.
However, Ma'had Aly Situbondo emphasizes that the wisdom behind legitimizing the
obligation of paying zakāt al-fiṭr is to eliminate social stratification between the affluent and those
whose livelihoods are less prosperous on ‘īd al-fiṭr. The poor can also share joy with the less
fortunate by equally receiving blessings on ‘īd al-fiṭr. Therefore, community leaders are entitled
to receive zakat al-fitr, such as kiai, Quranic teachers, ustadz, and their students, because they are
considered fī sabīlillah" especially those who do not receive government salaries and are in need,
as long as they do not neglect the poor and needy in their vicinity.
Menstruating Women Attending Study Sessions in the Mosque
Ma'had Aly Situbondo has examined the issue of menstruating women attending religious
studies (pengajian) inside mosques. Through istinbāṭ al-aḥkām, they have concluded that a
menstruating woman may attend religious gatherings in the mosque if she can ensure that her
menstrual blood does not soil the mosque area. This conclusion is reached after analyzing and
comparing (muqāranah al-madhhāhib) the opinions of various Islamic scholars and their
respective reasons (illāt) regarding the permissibility of menstruating women being in mosques.
This is based on a Hadith narrated by Umm Salamah, where the Prophet Muhammad (peace be
upon him) declared loudly, "Indeed, the mosque is not lawful for menstruating women or for those
in a state of janābah (sexual impurity)" (al-Quzwaynī, 2012).
According to Imam Baihaqī, this Hadith is authentic and explicitly prohibits menstruating
women from entering the mosque under any circumstances. However, this explanation is
contested by Ibn Ḥazm, who argues that the Hadith is not reliable due to an unknown narrator,
Abū al-Khaṭṭāb al-Ḥajar. Secondly, the Shāfi'ī and Hanbalī schools permit menstruating and

129 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

postpartum women to pass through the mosque (not stay) if there is no risk of menstrual blood
soiling the mosque. The Ḥanbalī scholars even allow a menstruating woman whose bleeding has
stopped to stay inside the mosque if she performs ablution (wudu), as the reason for prohibiting
entry (fear of defilement) no longer applies (al-Qurṭubī, 2005). The evidence used by the second
group is qiyas, which involves equating the prohibition for menstruating women to enter places
of prayer (mosques) with those who are in a state of major ritual impurity (junūb), as menstruation
is considered more restrictive than ritual impurity, as Allah SWT explained in QS. al-Nisā' verse
43.
Thirdly, the opinions of Imām Dawūd and al-Muzannī allow menstruating women to enter
mosques unconditionally. They cite a Hadith from Sayyidah Aisha, where a freed black slave
woman accepted Islam and was allowed to stay in her tent within the mosque. However, some
scholars consider this evidence weak, suggesting that the woman might not have been
menstruating or would leave during her menstruation period (al-Zuhaiylī, 1989). In conclusion,
Ma'had Aly finds that Islamic jurists have diverse opinions. Some strictly prohibit it, others
specify conditions, and some allow it without conditions. Nevertheless, based on the underlying
reasons (illāt) used as the basis of justification, all scholars agree that the prohibition of
menstruating women from entering mosques is contingent upon the concern of defilement and
disrespecting the sanctity of the mosque.
Conclusion
As an educational institution aimed at training future scholars in the fields of fiqh and uṣūl
al-fiqh, Ma'had Aly Situbondo places significant emphasis on the development of istinbāṭ alaḥkām. The development begins by ensuring students possess scholarly competence in
understanding texts and contexts, which are fundamental components of istinbat al-ahkam. This
commitment to excellence is evident in the istinbāṭ al-aḥkām process at Ma'had Aly Situbondo.
The method of istinbāṭ al-aḥkām developed at Ma'had Aly Situbondo involves integrating texts
found in fiqh literature representing the opinions of the various legal schools (madhhab qawlī)
with texts from the Quran and Hadith through the approach of fiqh principles and principles of
jurisprudence (madhhab manhajī). Subsequently, prioritization (tarjīḥ) is conducted based on
public interest considerations and appropriateness for current circumstances. This approach
ensures a comprehensive and rigorous methodology for deriving legal rulings grounded in
classical Islamic jurisprudence and contemporary relevance.
References
Abd Rahman, R. (2023). Kontribusi Muhammadiyah dan Nahdatul Ulama dalam Bidang Politik,
Pendidikan dan Sosial Budaya dalam Pengembangan dan Penerapan Hukum Islam di
Indonesia. Al-Ubudiyah: Jurnal Pendidikan dan Studi Islam, 4(2), 1–7.
Abdul Karim, K. (2003). al-Juzūr al-Tārīkhiyyah li al-Sharī’ah al-Islāmiyyah (K. As’ad, Ed.).
LKiS.
Abu, Y., & Wawan, J. (2016). At-Tafkīr al-Fiqh bayna al-Ṭarīqah al-Taqlīdiyah wa alManhajiyah fī al-Ma‘āhid al-Islāmiyah al-Mithāliyah fī Indunisiya”. Journal of Indonesian
Islam, 10(01), 150.
Aibak, K. (2017). Kajian Fikih Kontemporer: Sebuah Rekonstruksi Awal. Ahkam: Jurnal Hukum
Islam, 2(1). https://doi.org/10.21274/ahkam.2014.2.1.50-60
Ainol Yaqin, Moch. Cholid Wardi, & Achmad Mulyadi. (2022). Actualization of Moderation in
Reasoning at Ma'had Aly Salafiyah Syafi'iyah Sukorejo Situbondo and Its Influence on

AHKAM – Volume 24, Number 1, 2024 | 130

Contemporary Fiqh in Indonesia

Istinbâth of Islamic Law. AL-IHKAM: Jurnal Hukum & Pranata Sosial, 17(2), 434–457.
https://doi.org/10.19105/al-lhkam.v17i2.5962
Al-Bājurī, B. A. I. I. ibn M. ibn A. (1992). Ḥāsyiyah al-Bājūrī (II). Isa al-Ḥalabī.
Al-Mazrū', A. ibn M. (2012). Ilzām Waliyy al-Amri Wa Aṭaruhū fi al-Masā’il al-Khilāfiyyah.
Maktabah al-Mulk.
Al-Naysaburī, M. ibn al-H. al-Q. (2006). Ṣahīḥ Muslim. Dār Taibah.
Al-Qadlī ‘Abd al-Jabbār, A.A., (1965). Sharḥ Uṣūl al-Khamsah. Maktabah Wahbah.
Al-Qurtubī, I. R. (2005). Bidāyat al-Mujtahid wa Nihāyatu al-Muqtaṣid. Dār Ibn Ashashah.
Al-Quzwaynī, A. A. M. bin Y. (2012). Sunan Ibn Mājah. Maktabah al-Ma'ārif.
Al-Sha’ranī, A.W. (1989). Alam Kutub.
Al-Zuhayilī, W. (1989). Al-Fiqh al-Islām wa Adillatuhū (VI). Dār al-Fikr.
Ar-Rāzī, F. (1981). Mafātiḥ al-Ghayb. Dār al-Fikr.
Arkoun, M. (1995). Berbagai Pembacaan Al Qur’an. INIS.
Asrori, A.M., (ed),(2011). Ahkamul Fuqaha; Solusi Problematika Aktual Hukum Islam,
Keputusan Muktamar, Munas dan Konbes Nahdlatul Ulama (1926-2010 M), Khalista.
Azizi, R, Dosen dan Muyrif Ma’had Aly Salafiyah Syafi’iyah Sukorejo Situbondo, Personal
Communication. Sukorejo, 27 Oktober 2023
Baderin, M. A. (2003). International Human Rights and Islamic law. OUP Oxford.
Bashori, A. (2017). Pengembangan Fikih Indonesia (Studi Terhadap Kajian Fiqih di Ma’had Aly
Salafiyah Syafi’iyyah Situbondo). Jurnal Hukum Islam, 15(1), 49-72.
Ch, M. (2014). Pandangan Santri Ma’had Aly tentang Pengarus-utamaan Gender di Pesantren
Salafiyah Syafi’iyah Sukorejo, Situbondo, Jawa Timur. Islamica: Jurnal Studi Keislaman,
4(1), 65. https://doi.org/10.15642/islamica.2009.4.1.65-79
Coulson, N. J. (2011). A History of Islamic Law. AldineTransaction.
Coulson, N. J. (2017). A History of Islamic Law. Routledge.
Dahlan, A. A. (1997). Ensiklopedi Hukum Islam. Ichtiar Baru van Hoeve
Damayanti, Rizki, (2023), The Relevance of Fiqh Siyasah Dauliyah and Religion as Indonesian
Soft Power in International Relations, De Jure: Jurnal Hukum dan Syar’iah (15) (2), p.343365.
Direktorat Pendidikan Diniyah dan Pondok Pesantren Direktorat Jenderal Pendidikan Islam
Kementerian Agama RI dengan Ma’had Aly PP. Salafiyah Syafiíyah Sukorejo Situbondo
Jawa Timur. Dokumen Laporan Pelaksanaan Program Pengembangan Pusat Keilmuan
Fiqh-Ushul Fiqh Berbasis ICT. tahun Anggaran 2009.
Elmahjub, E. (2022). Normative Account of Islamic Bioethics in end-of-life Care. Global
Bioethics, 33(1), 133–154. https://doi.org/10.1080/11287462.2022.2118977
Emon, A. M., Ellis, M., & Glahn, B. (2012). Islamic Law and International Human Rights Law.
OUP Oxford.
Fadli, M. R. (2020). Tinjauan Historis: Pemikiran Hukum Islam pada Masa Tabi’in (Imam Hanafi,
Imam Malik, Imam Syafi’i, dan Imam Hanbali) dalam Istinbat Al-Ahkam. Jurnal
Tamaddun: Jurnal Sejarah dan Kebudayaan Islam, 8(1).
Fauzan, Abdul Qodir Zaelani, Muzakki, M. H., Syafi’i, I., & Bustomi. (2023). Endogamous
Marriage of Prophet's Descendants on the Perspective of Sociology of Islamic Law. ALIHKAM: Jurnal Hukum & Pranata Sosial, 18(1), 1–26. https://doi.org/10.19105/allhkam.v18i1.7132
Fauzi, M. N. (2019). Islam Nusantara: Telaah Metodologis dan Respons Terhadap Khilafatisme
di Indonesia. Jurnal Islam Nusantara, 3(1), 74. https://doi.org/10.33852/jurnalin.v3i1.122
Gazali, H., & Malik, Abd. (2009). Pesantren and the Freedom of Thinking: Study of Ma‘had Aly
Pesantren Sukorejo Situbondo, East Java, Indonesia. Al-Jami'ah: Journal of Islamic Studies,
47(2), 295–316. https://doi.org/10.14421/ajis.2009.472.295-316

131 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

Habsis. (2021). Personal communication, 26 October
Hallaq, W. B. (1999). A history of Islamic legal theories: An Introduction to Sunni Usul al-Fiqh.
Cambridge University Press.
Hanapi, Agustin, Imanuddin, Hasballah, Khairuddin, (2022), Kedudukan Metode al-Qāfah Dalam
Penetapan Nasab Anak Menurut Ulama Perspektif, De Jure: Jurnal Hukum dan Syar’iah
(14) (1), p. 21-37.
Harahap, S. (2020). Metode Istinbat Fiqih Kontemporer Ijtihad Jama’i (Ijtihad Kolektif) dan
Kehujjahannya. 3(2), 128–140.
Hasan, S. (2012). Islamic Jurisprudence: Sources And Traditions Creating Diversity In Human
Relationships. The Muslim World in the 21st Century: Space, Power, and Human
Development, 23–42.
Hennink, M., Hutter, I., & Bailey, A. (2020). Qualitative Research Methods. Sage.
Hirschler, K. (2012). Islam: The Arabic and Persian Traditions, Eleventh-Fifteenth Centuries. The
Oxford History of Historical Writing: Volume 2: 400-1400, 267.
Hofmann, M. W. (1999). On the Development of Islamic Jurisprudence. American Journal of
Islam and Society, 16(1), 73–92.
Khan, L. A. (2011). Contemporary ijtihad: Limits and controversies. Edinburgh University Press.
Khatib, (2021). Personal communication, 26 October.
Kholiq, A. (2022). Kajian Historis Tentang Model Istinbath Al-Ahkam Pada Masa Awal Islam.
Kushidayati, L. (2014). The development of Islamic law in Indonesia. QIJIS (Qudus International
Journal of Islamic Studies), 1(2).
Laskowska, N. (2016). Contemporary Indonesian and Malaysian Interpretations of 'No
Compulsion in Religion.' Indonesia and the Malay World, 44(129), 249–261.
https://doi.org/10.1080/13639811.2015.1129161
Liu, Z. (2008). The Relations between Nationalism and Islam in the Middle East. Journal of
Middle
Eastern
and
Islamic
Studies
(in
Asia),
2(1),
69–78.
https://doi.org/10.1080/19370679.2008.12023112
Madid. (2023). Personal communication, 26 October.
Musahadi, M. (2013). Elemen Liberal Dalam Kajian Fikih Di Pesantren: Studi Atas Ma'had Aly
Salafiah Syafi'iyah Sukorejo Situbondo. Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum,
47(1).
Musahadi. (2013). Elemen Liberal dalam Kajian Fikih di Pesantren: Studi atas Ma’had Aly
Salafiyah Syafi’iyyah Sukorejo Situbondo. Jurnal Ilmu Syari’ Ah dan Hukum, 47(1).
Nilfatri. (2021). Fiqh Kontemporer. CV. Pena Persada.
Nizami, A. G., & Hidayah, A. R. (2023). Inappropriate Behavior in Buying and Selling Usernames
on Twitter: An Islamic Law Perspective. Jurnal Hukum Islam, 21(2), 309–334.
Nizami, A. G., Haidar, M., & Mutmainnah, H. U. (2024). Tunisia's One-To-One Inheritance
Phenomenon: The Role of Public Space Behind The Failure Of Mashrū’aḥkām Tata'allaqu
Bi At Tasāwiy Fī Al Mīrāṡ. Jurnal Al-Dustur, 7(1), 1–25.
Novita Pancaningrum, N. L. (n.d.). Mazhab: Keterkungkungan Intelektual atau Kerangka
Metodologis”. Yudisia, 6(2), 394–413.
Opwis, F. (2005). Maslaha in contemporary Islamic legal theory. Islamic Law and Society, 12(2),
182–223.
Philips, A. A. B. (2006). The Evolution of Fiqh (Islamic Law & The Madh-habs). Islam Kotob.
Profil Ma’had Aly Pondok Pesantren Salafiyah Syaf’iyah Sukorejo Situbondo Jawa Timur.
(2016).
Purnomo, P., Wenny, L. S., Farida, I., & Hamdani, F. (2024). Ma'had Aly Lecturers' Research
and Publication Activities: Challenges and Prospects. Buletin Al-Turas, 30(1).
Qomar, M. (2015). ISLAM NUSANTARA: Sebuah Alternatif Model Pemikiran, Pemahaman,
dan Pengamalan Islam. El Harakah, 17(2), 198–217.
AHKAM – Volume 24, Number 1, 2024 | 132

Contemporary Fiqh in Indonesia

Rahman, F. (1962). Concepts Sunnah, Ijtihād and Ijmā’in The Early Period. Islamic Studies, 1(1),
5–21.
Ramadan, H. M. (2006). Understanding Islamic Law: From Classical to Contemporary. Rowman
Altamira.
Ramli, M. A., Abdullah, A. B., Rosele, M. I., Jaafar, S. M. J. S., Jamaludin, M. A., Nor, M. R.
M., Zin, M. Z. M., Mahdi, A. F., & Ibrahim, Z. (2013). Gender Analysis in Contemporary
Islamic Discourse. Asian Social Science, 9(7), 62.
Redaksi Tanwirul Afkar. (2000a). Fiqh Rakyat, Pertautan Fiqh dengan Kekuasaan. LKiS
Redaksi Tanwirul Afkar. (2000b). Fiqih Realitas Respon Ma’had Aly Terhadap Wacana Hukum
Islam Kontemporer. LKiS.
Redaksi Tanwirul Afkar. (2005). Fiqih Kontekstual, Fiqih Today dan Fiqih Progresif. Pustaka
Pelajar.
Shihab, M. Q. (2002). Tafsir Al-Mishbah: Pesan, Kesan, dan Keserasian Al-Qur’an (10th ed.).
Lentera Hati.
Suhartini, A., Nursobah, A., Jamaluddin, D., & Ruswandi, U. (2017). Establishment of Tolerant
Attitude and Open Minded of Student Teacher.
Syafi’i, I., Hamidah, T., Yasin, N., & Muhammad, U. (2023). Childfree in Islamic Law
Perspective
of
Nahdlatul
Ulama.
Al-Ahkam,
33(1),
1–22.
https://doi.org/10.21580/ahkam.2023.33.1.14576
Tim Buletin Tanwirul Afkar. (2015). Fikih Progresif Bunga Rampai Pemikiran Santri Ma’had
Aly dalam Buletin Tanwirul Afkar (p. i). Ibrahimy Press.
Tim Redaksi Tanwirul Afkar Ma’had Aly PP. Salafiyah Syafi’iyah (2000), Fiqh Rakyat Pertautan
Fiqh dengan Kekuasaan. LKiS.
Tim Redaksi Tanwirul Afkar Ma’had Aly PP. Salafiyah Syafi’iyah, Fiqh Rakyat Pertautan Fiqh
Dengan Kekuasaan. LKiS.
Tim Redaksi Tanwirul Afkar Ma’had Aly Salafiyah Syafi’iyah Sukorejo. (2000). Fikih Rakyat
Pertautan Fiqh dengan Kekuasaan. LKiS.
Van Niekerk, J., & Verkuyten, M. (2018). Interfaith Marriage Attitudes in Muslim Majority
Countries: A multilevel approach. The International Journal for the Psychology of Religion,
28(4), 257–270. https://doi.org/10.1080/10508619.2018.1517015
Wahib, Moh., (2021), Implementasi Konsep Fikih Minoritas Bagi Komunitas Muslim Papua, De
Jure: Jurnal Hukum dan Syar’iah, (13) (1), p. 97-112.
Yasa, A. (2015). The development of Indonesian Islamic law: A historical overview. Journal of
Indonesian Islam, 9(1), 101–122.
Yazid, A. (2010). Membangun Islam Tengah, Refleksi Dua Dekade Ma’had Aly Situbondo.
Pustaka Pesantren.
Yazid, A. (n.d.). Logika Induktif dan Deduktif dalam Tradisi Pemikiran Ushul Fiqh dalam buku
Logika Fiqh dan Ushul Fiqh. Ibrahimy Press.
.

133 | AHKAM – Volume 24, Number 1, 2024

Contemporary Fiqh in Indonesia

AHKAM – Volume 24, Number 1, 2024 | 134