Tinjauan ushul fiqh terhadap af’al al-rasul sebagai dasar pertimbangan hakim di pengadilan agama indonesia.

Abstract

This study aims to evaluate the perspective of ushul fiqh on af’al al-rasul as a reference in the assessment of judges in Religious Courts in Indonesia. The background of this study is the need to understand the behavior of the Prophet Muhammad (peace be upon him) in the process of determining Islamic law, especially in the practice of religious courts that are not only based on positive law, but also consider the values ​​of Islamic law. The method applied in this study is normative legal research with an ushul fiqh approach and literature review through various sources of Islamic law, scientific articles, and regulations related to the authority of the Religious Courts. The research findings indicate that af’al al-rasul has significant relevance in the consideration of judges, especially in matters of divorce, maintenance, child custody, and Islamic family conflict resolution. The judges refer to the principles exemplified by the Prophet Muhammad (peace be upon him), such as justice, public interest, protection for the weak, and peaceful conflict resolution as the moral and legal basis in making decisions. In addition, the ushul fiqh and maqashid sharia approaches help judges in adapting the application of Islamic law to the development of modern society. Thus, af’al al-rasul not only functions as an important source of normative law, but also as an ethical guideline for achieving substantive justice in Indonesian Religious Courts.