Talfiq in Islamic Jurisprudence: A Qur'anic and Hadith-Based Analysis of Prohibition, Permissibility, and Laypeople's Status

2026-08-13T02:38:44+00:00

Talfiq is a significant issue in uṣūl al-fiqh that continues to be debated due to its connection with the practice of combining opinions from various schools of law (madhāhib) in a single legal issue. Divergent scholarly views on the permissibility and prohibition of talfiq have implications for legal certainty, particularly for laypeople who are not bound to a specific madhhab. This research aims to analyze the evidence used by scholars who prohibit and permit talfiq, explain the position of laypeople in choosing jurisprudential opinions, and formulate the boundaries of talfiq application to remain aligned with Sharīʿah principles. The study employs a qualitative method with a library research approach through descriptive-comparative analysis of classical and contemporary uṣūl al-fiqh works, particularly the writings of Wahbah al-Zuhaylī, Ibn ʿĀbidīn, Shams al-Dīn al-Ramlī, Ibn Ḥajar al-Haytamī, and other supporting literature. The analytical techniques employed include taḥlīlī (analytical), muqāran (comparative), and istinbāṭ (legal deduction) methods to achieve a comprehensive synthesis of arguments. The findings reveal that the prohibition group bases their stance on the principle of maintaining evidentiary coherence, avoiding the emergence of new opinions not recognized by the mujtahids, and preventing the practice of tatabbuʿ al-rukhaṣ (excessively seeking legal leniencies). Conversely, the permissibility group asserts that talfiq can be applied as long as it does not contradict qaṭʿī (definitive) texts, does not produce a ruling unanimously deemed invalid by all schools, and is based on genuine need and public welfare (maṣlaḥah). This study concludes that laypeople are not absolutely obligated to adhere to a single madhhab; however, they are prohibited from combining opinions within a single legal sequence that produces a form of worship or transaction not recognized by any single mujtahid imam. Thus, talfiq can only be justified when it meets the methodological boundaries of uṣūl al-fiqh and remains oriented toward maqāṣid al-sharīʿah.

A Critical Analysis of Hadith Narratives on Widows' Remarriage: Ibn Hajar al-Haitami's Fatwa and Its Implications for Islamic Family Jurisprudence

2026-08-26T00:59:41+00:00

This research examines hadiths concerning the status of women who marry more than once, drawing on Ibn Hajar al-Haitami's fatwa in Al-Fatāwā al-Ḥadītsiyyah and its relevance to Islamic family jurisprudence. The study focuses on two main hadiths: the hadith about a woman being with her last husband (al-mar'atu li ākhiri azwājihā) and the hadith about the right to choose a spouse in the afterlife (takhyīr). This research uses a qualitative approach and library research, integrating hadith analysis, Islamic jurisprudence, and socio-religious studies. The primary source is Al-Fatāwā al-Ḥadītsiyyah and classical hadith collections, supported by contemporary scholarly literature. The findings show that the hadith "al-mar'atu li ākhiri azwājihā" lacks a single absolutely authentic chain of transmission, but is supported by several transmission pathways. Meanwhile, hadiths that appear contradictory to it are considered weak. Ibn Hajar al-Haitami understood these hadiths contextually and did not make them a determinative legal basis, instead reconciling different hadiths through the method of al-jam' wa at-tawfīq. These findings affirm the importance of an integrative approach in developing Islamic family jurisprudence oriented toward justice and public welfare.

International Journal of Islamic Thought and Humanities

Talfiq in Islamic Jurisprudence: A Qur'anic and Hadith-Based Analysis of Prohibition, Permissibility, and Laypeople's Status

A Critical Analysis of Hadith Narratives on Widows' Remarriage: Ibn Hajar al-Haitami's Fatwa and Its Implications for Islamic Family Jurisprudence