MODERNIZATION OF FIQH IN CONTEMPORARY ERA: A Study of Yusuf Al-Qardhawi's Fiqh Thought

This paper studies Islamic legal theory in Yusuf al-Qardhawi’s Fiqh thouagt. Although many  an academic have studied his thoughts in this field, Yusuf al-Qardhawi’s methodology in legal distillation or istinbat always considers social conditions and advances in science and technology. As such, the results of ijtihad (Fiqh) obtained are always in accordance with the times and space. Therefore, it is very natural if then the question arises whether Yusuf al-Qardhawi can be called a reformer of Fiqh in this modern era? Related to this issue, this paper seeks to reveal the facts that can be used as evidence that Yusuf al-Qardhawi can be called a Fiqh reformer or not, by exploring and analyzing all his thoughts on Islamic law in his works. Thus, in terms of its type, this paper is included in descriptive analytical library research. As a result of the discussion that has been done, it can be concluded that Yusuf al-Qardhawi can be called a reformer of Fiqh in this modern era, for taking milieu and the social dynamics into his account in legal finding. Keywords; Yusuf al-Qardhawi, reformer, fiqh, modern era.

The Role of Marriage Guardian of the Same Clan in the Traditional Marriage of Batak Toba Muslims in Samosir Regency in the Perspective of Islamic Law

A marriage guardian (wali) occupies a very important role in marrying the bride to the prospective groom. There is often a unique case found among the Batak Toba Muslims in Harian District, Samosir Regency in that the lineage of a marriage guardian is not clear (cannot be proven genetically). Thus, if a bride belongs to a Samosir clan, the leader of Samosir clan can be the marriage guardian for the bride as long as he is a Muslim. This study aims to see the implementation of traditional wedding ceremony in the Batak Toba Muslim community, to see some factors contributed to this phenomenon, and to see the role of a guardian in a traditional wedding ceremony of Batak Toba Muslim in the perspective of Islamic law. After analyzing the data, it was found that many cases of marriage involving guardian of the same clan but different lineage were triggered by little understanding of Islamic marriage. Therefore, the office of religious affairs is suggested to be more active in raising people’s awareness of the important roles of a marriage guardian. In addition, for people whose marriage guardian is not from the same lineage should register their marriage with a wali hakim as their marriage guardian