Parewa Saraq: Journal of Islamic Law and Fatwa Review

Constructing the Framework for Robotics Waqf Fatwa

Hamza Abed Alkarim Hammad — Wed, 04 Feb 2026 00:00:00 +0700

The rapid integration of artificial intelligence technologies within the global medical landscape has precipitated significant discursive tensions in contemporary Islamic jurisprudence, particularly concerning the ethical boundaries and legal legitimacy of employing anthropomorphic robots for highly complex therapeutic objectives. Although robotic technologies, such as the NAO model, have been empirically proven as crucial in clinical interactions for children with autism, current muʿāmalah (Islamic transactional and social law) literature maintains a profound analytical lacuna regarding the validity of waqf (charitable endowment) for movable assets that visually intersect with the prohibition of depicting animate beings, or taṣwīr (the representation or depiction of living beings). This research intervenes in the academic debate by reconstructing legal reasoning that systematically synchronizes classical philanthropic doctrines with cutting-edge medical technology innovations through a Maqāṣid al-Sharīʿah (the objectives of Islamic law) approach and a comprehensive uṣūliyyah (principles of Islamic legal methodology) analysis of contemporary fatwā (authoritative legal opinions) consensuses. The primary findings affirm that the procurement and waqf (charitable endowment) of such anthropomorphic robots are Sharīʿah-compliant (in accordance with Islamic law), predicated on the extension of qiyās (analogical reasoning) to pedagogical instruments and the principle of maṣlaḥah mursalah (unrestricted public interest) in the protection of intellect and life, which are prioritized over classical textual constraints, thereby offering a transformative legal-ethical framework capable of accommodating rapid medical-technological advancement to realize sustainable human welfare in the digital era.

Fatwa and Legal Reasoning on Inheritance in Temporary Marriage

Zahra Mehrabi, Hossein Saberi, Mohammad Hasan Haeri — Tue, 10 Feb 2026 00:00:00 +0700

The issue of inheritance in nikāḥ al-munqaṭiʿ/mutʿah (temporary marriage) has long occupied a significant position in both classical and contemporary Islamic jurisprudential discourse, generating diverse and often conflicting legal opinions (ārāʾ) among Muslim jurists. Central to this debate is the question of whether spouses in a temporary marriage are entitled to mutual inheritance, given the contractual, time-bound, and non-permanent character of such unions. The dominant juristic view generally denies the existence of inheritance rights in nikāḥ al-munqaṭiʿ unless such rights are explicitly stipulated within the marriage contract. In contrast, a less widely adopted position—most notably attributed to Sayyid Murtaḍā—affirms the establishment of mutual inheritance between spouses in temporary marriage, provided that no contractual clause explicitly negates inheritance. This position has been both supported and criticized within the juristic tradition, largely due to divergent interpretations of scriptural evidence, contractual principles, and the legal consequences arising from the marriage relationship. This paper seeks to contribute to the ongoing scholarly debate by systematically examining the theoretical foundations of inheritance in temporary marriage through the analytical framework of the general theory of ʿaqd al-nikāḥ (the marriage contract). The study first identifies and critically maps four major juristic theories concerning inheritance in nikāḥ al-munqaṭiʿ, outlining their doctrinal bases and methodological assumptions. It then offers an in-depth analysis of Sayyid Murtaḍā’s view, assessing its coherence and legal plausibility in light of the essential elements, objectives, and normative implications of marriage as a binding juridical institution. The study argues that Sayyid Murtaḍā’s position aligns closely with the general contractual logic of marriage, particularly the presumption of shared marital rights and obligations unless explicitly excluded, thereby reinforcing its theoretical robustness and jurisprudential defensibility within Islamic family law.

Negotiating Worship Priorities

Mahroof Athambawa, Abd. Rauf Muhammad Amin — Mon, 16 Feb 2026 00:00:00 +0700

Legal tensions between qurban and aqīqah under contemporary socio-economic constraints require a systematic reorientation of worship priorities that balances personal devotional obligations with collective social responsibility. Although classical fiqh literature has discussed the legal status of both rituals, scholarly attention to how authoritative fatwa institutions operationalize methodological tools to reconcile normative texts with modern economic realities remains limited. This study addresses this gap by examining official fatwas issued by Al-Azhar, a leading reference institution in the Muslim world, focusing on how it formulates priority judgments when Muslims face financial limitations. Using a qualitative design, the research applies discursive content analysis to selected Al-Azhar fatwas, integrating the framework of Fiqh al-Awlawiyyat (jurisprudence of priorities) and the Maqāṣid al-Sharīʿah approach to identify the ratio legis (ʿillat al-ḥukm) underpinning Al-Azhar’s prioritization logic. The findings demonstrate that Al-Azhar consistently prioritizes qurban over aqīqah through istislāḥī reasoning that highlights qurban as a muwaqqat (time-bound) ritual whose benefits extend beyond the individual to broader communal welfare. This prioritization is further reinforced by the ritual’s strong association with public distribution, poverty alleviation, and social solidarity, making it more aligned with maṣlaḥah ʿāmmah (public interest) in contexts of economic disparity. The study contributes to contemporary Islamic legal studies by clarifying how Al-Azhar negotiates worship conflicts through priority-based reasoning, and by proposing a practical normative model for lower-middle-class urban Muslim communities in managing competing devotional practices under financial pressure.