Santri: Journal of Pesantren and Fiqh Sosial

Fikih Kebangsaan: Methodology and Foundations for Unity, Tolerance, and National Defense

Muhammad Arfan Ahwadzy — 2026-06-19

The development of fiqh in Indonesia reflects post-reform socio-political dynamics and the need to situate Islamic law within a pluralistic nation-state. Existing studies, however, tend to emphasize cultural and normative harmonization without offering a robust theoretical framework grounded in clear epistemological assumptions. This methodological gap shows the difficulty of integrating the classical Islamic intellectual tradition (turāth) with contemporary national demands. This article argues for a conceptual framework of Fikih Kebangsaan (National Fiqh) to bridge turāth with the Indonesian context. Using a qualitative library research approach and conceptual analysis, the study finds that Fikih Kebangsaan rests on three pillars: state-based unity, interreligious tolerance, and the reinterpretation of jihad in the context of national defense. These findings demonstrate the epistemological flexibility of turāth in addressing modern nationhood. This study proposes an initial methodological framework for Fikih Kebangsaan as a normative and operational basis for developing contextual fiqh in Indonesia.

Reinterpreting Ritual Purity in the City: Fiqh Sosial Perspectives on Pet Dog Ownership among Shafi‘i Communities in Contemporary Egypt

Sukataman Sukataman — 2026-06-20

Urbanization and modern lifestyles in Cairo, Egypt, have transformed the interaction between Muslims, predominantly Shafi'i adherents, and dogs, which are traditionally considered strictly impure (najāsah mughallaẓah). This study explores this social shift using a socio-legal approach and the Fiqh Sosial (Social Fiqh) perspective of KH. M.A. Sahal Mahfudh. Data were collected through field observations in Cairo and an analysis of contemporary fatwas issued by Dār al-Iftāʾal-Miṣriyyah. The results show that the dense urban spatial reality and ecological metabolism of the metropolis create an unavoidable situation (ʿumūm al-balwā). Consequently, Shafi'i adherents pragmatically negotiate this hardship by adopting the Maliki school's view, which regards living dogs as pure. This practice of inter-madzhab concession (rukhṣah) is institutionally legitimized by Dār al-Iftāʾ, which formally allows dog ownership for specific needs and suggests the Maliki ruling to relieve public anxiety (waswas). The study concludes that Islamic law in contemporary Egypt functions not as rigid orthodoxy, but as a flexible, problem-solving instrument that accommodates cultural dynamics and public interest (maṣlahah), fostering an inclusive ecological harmony in public spaces.

Beyond the Shore: Reconstructing Islamic Worship Jurisprudence for Fishing Communities Through the Lens of Fiqh Sosial

Sahal Mahfudh — 2026-06-29

Fishing communities in Pati, Central Java, demonstrate strong Islamic devotion but encounter a persistent "formalistic deadlock" when classical Shafi’i rulings on worship are strictly applied to the challenging and variable conditions of months-long deep-sea voyages. Existing scholarship has only partially addressed this issue, relying either on rigid textual (qaulī) prescriptions or on descriptive sociological analysis. This article aims to reconstruct an integrated worship jurisprudence (fiqh al-baḥr) for these communities, extending the scope of ubudiyyah beyond purification and prayer to include fasting (sawm), almsgiving (zakāt), and the customary maritime ritual Sedekah Laut. The study adopts a qualitative, library-based juridical methodology, employing a manhajī (methodological) approach aligned with K.H. Sahal Mahfudh’s Fiqh Sosial, prioritising maqāṣid al-sharīʿah—particularly the preservation of life (ḥifẓ al-nafs) and property (ḥifẓ al-māl)—and reading classical texts (turāth) in dialogue with ten recent scholarly works (2020–2026) and empirical data from the Pati coastal context. The results yield a four-pillar Fiqh Nelayan: (1) GPS navigation as an obligatory means (wasīlat al-wājib) for qibla determination, supported by onboard water filtration as istiḥālah; (2) rukhṣah from fasting during extended voyages with compensatory qaḍāʾ; (3) productive zakāt from maritime yields to dismantle structural poverty; and (4) the transformation of Sedekah Laut into an Eco- Sharīʿah conservation covenant. This reconstruction positions Islamic law as an emancipatory social ethic, empowering coastal communities with dignity and ecological sustainability.

Reframing Human Rights in Muslim Societies: A Maqāṣid-Based Critique of Liberal Universalism through Islamic Sociological Jurisprudence

Meida Dwi Saputri — 2026-06-29

This article critically reassesses and reformulates liberal universalism in human rights through a maqāṣid al-sharīʿah approach integrated with Islamic sociological jurisprudence in contemporary Muslim societies. The research addresses the epistemological tension between liberal human rights norms, which are rooted in post-Enlightenment secular individualism, and the Islamic legal tradition, which prioritizes the balance between individual rights, communal obligations, and public welfare as central objectives of sharia. Utilizing a qualitative library-based methodology with normative and conceptual analysis, the study examines literature on liberal human rights theory, maqāṣid al-sharīʿah, Islamic jurisprudence, and sociological jurisprudence. The analysis is organized around three themes: Liberal Universalism and the Epistemology of Islamic Law; Maqāṣid al-Sharīʿah and Sociological Jurisprudence; and a Maqāṣid-Based Critique of Liberal Human Rights Norms. The findings indicate that maqāṣid al-sharīʿah provides a holistic and adaptive epistemological framework that addresses contemporary human rights issues while remaining grounded in Islamic legal principles. This framework facilitates the reconstruction of human rights discourse to accommodate Islamic values, social justice, collective welfare, and legal pluralism within Muslim societies. Additionally, the integration of sociological jurisprudence enhances the capacity of Islamic law to respond to evolving social realities without undermining the normative autonomy of sharia. The study concludes that a maqāṣid-based approach offers an alternative to both the dominance of liberal universalism and purely relativistic perspectives, thereby contributing to the renewal of Islamic jurisprudence and the development of a context-sensitive, normatively authentic, and socially relevant human rights framework.

Fiqh Sosial as a Conceptual Framework for Pesantren-Based Community Empowerment: Insights from Kiai Sahal Mahfudh

Siswanto Siswanto — 2026-07-08

Fiqh Sosial, developed by Kiai Sahal Mahfudh, is a paradigm of Islamic legal thought that integrates the normative values of Sharīʿah with social realities. It positions fiqh not only as a body of legal doctrines but also as an instrument of community empowerment oriented toward public welfare (maṣlaḥah). This study analyzes the pesantren-based community empowerment model developed by Kiai Sahal Mahfudh, drawing on Jim Ife’s theory of community empowerment. It uses a descriptive-qualitative method with a library research approach. The analysis draws on Jim Ife’s theory, which emphasizes participation, capacity building, community-based development, and social transformation. The findings demonstrate that the model is implemented through productive zakat management, human resource capacity strengthening, continuous community assistance, and the establishment of various pesantren-based social, economic, educational, and health institutions. Analysis through Jim Ife’s framework shows that the model aligns with the principles of community development, particularly community participation, capacity enhancement, social capital development, expanded access to resources, and community self-reliance. Kiai Sahal Mahfudh’s Social Fiqh is a pesantren-based community empowerment model that integrates the social-humanistic empowerment paradigm with Islamic values and the maqāṣid al-sharīʿah.