BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam
BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam is a national e-journal published by Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar. All submitted papers are put through double-blind review process. The journal accepts both research and non-research articles, which will be peer-reviewed by at least 2 (two) reviewers. Once a manuscript is submitted trough the online process, a journal editor examines the manuscript and determines its appropriateness for the full peer review. If it passes the initial screening, the manuscript will be sent to peer reviewers. The journal’s editorial board will then consider the peer reviewers’s reports and assemble the final decision to accept or reject the manuscript for publication. Language used in this journal is Indonesian, English, and Arabic.
Pusat Penelitian dan Pengabdian Masyarakat (P3M), Sekolah Tinggi Ilmu Islam dan Bahasa Arab (STIBA) Makassar
Dinamika Keputusan Keluarga dalam Mengikuti Program Kb pada Keluarga Berpendapatan Umr: Studi Kualitatif dalam Perspektif Hukum Islam
Indonesia’s relatively high population growth has led to various social and economic challenges, particularly in relation to family welfare. The Family Planning (KB) program serves as a strategic effort to control population growth while improving the quality of family life. This study aims to analyze the dynamics of decision-making among families with income equivalent to the Regional Minimum Wage (UMR) in participating in the Family Planning program from the perspective of Islamic law. The research employs a qualitative method with a case study approach conducted in Candi District, Sidoarjo Regency, involving married couples who are KB participants and whose income corresponds to the UMR. Data were collected through in-depth interviews and analyzed using thematic analysis. The findings indicate that family income conditions constitute an important consideration in the decision-making process regarding the use of family planning, particularly in planning the number and spacing of children to maintain economic balance and quality parenting. In addition to economic considerations, support from husbands and the surrounding social environment also shapes these decisions. From the perspective of Islamic law, family planning based on financial considerations is permissible as long as it is not permanent, does not cause harm, and is agreed upon by both spouses, as it aligns with the objectives of maqāṣid al-sharī‘ah in preserving life, lineage, and wealth.
Regional Minimum Wage, Family Planning, Family Decision Making, Islamic Law
Copyright (c) 2026 Alifa Naura Salsabilla, Ruston Kumaini https://creativecommons.org/licenses/by-nc-sa/4.0
Solusi Syar’i Terhadap Hubungan Mahram pada Keluarga Adopsi
The question of mahram status in adoptive families constitutes a substantive normative challenge within Islamic family law, particularly when adoption is not supported by a Sharī‘ah-recognized mechanism capable of creating legally valid kinship ties. Although adoptive relationships frequently cultivate deep emotional attachment and social cohesion, such bonds do not, in themselves, establish mahram status. This distinction necessitates careful legal examination. This research therefore analyzes the doctrinal framework regulating mahram relations in adoptive contexts and formulates sharī‘ah-based responses suited to contemporary muslim societies. Using a normative legal research model, the study combines conceptual, comparative, and ushul fiqh approaches. Its primary sources consist of the Qur’an, hadith, classical fiqh literature, and recent scholarly publications. The analysis employs content analysis, comparative assessment of juristic opinions, and reasoning grounded in maqāṣid al-syarī‘ah. The findings affirm that mahram status arises solely through nasab, muṣāharah, or raḍā‘ah that fulfills established legal requirements. Moreover, juristic disagreement concerning the age limit of raḍā‘ah significantly shapes modern legal interpretations of adoption. Accordingly, the study advances a tiered sharī‘ah based framework prioritizing early childhood raḍā‘ah and contextual ijtihād grounded in maṣlaḥah and legal prudence.
Adoption; Islamic Law; Mahram; Raḍā‘ah; Ushul Fiqh
Copyright (c) 2026 Marbujang, Syahrial Dedi, Rifanto Bin Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Childfree dalam Pernikahan di Era Modern Studi Komparatif Fikih Nikah dan Hukum Perdata di Indonesia
Childfree in marriage is a contemporary social phenomenon that raises normative debates in the family law system both in the perspective of Islamic law and Indonesian civil law, the decision not to have children is often understood as part of individual freedom and reproductive rights, in other contexts marriage as a legal institution has goals, social functions, and public dimensions that are not fully subject to the private will of the parties. This study aims to analyze and compare the legal status of childfree in marriage, through the formulation of problems regarding: what is the legal status of childfree decisions in marriage jurisprudence according to maqāṣīd al-Syarī’ah, how is the regulation of childfree agreements in family law and what are the meeting points and differences in principles between marriage jurisprudence and civil law related to childfree using normative theological and normative juridical approaches in comparative legal research, analyzed through deductive reasoning and legal syllogism based on maqāṣid shari’ah, prenuptial agreements, and human rights restrictions. The results of this study indicate that, from an Islamic legal perspective, temporary childfree is tolerated as long as it does not negate the right to freedom, while permanent childfree contradicts the purpose of marriage. In Indonesian civil law, prenuptial agreements are not absolute, as they are limited by public order, morality, and the institutional purpose of marriage. The point of agreement between the two lies in the recognition that freedom in marriage is not absolute, but rather limited by social values ​​and institutional goals. The difference is that marital fiqh places offspring as a normative goal that is darūrī, while civil law emphasizes the autonomy of the parties, which is limited by positive law. Thus, reproductive rights in marriage are relational and have normative limits. This research is expected to provide a conceptual contribution in the development of maqāṣid al-Syarī'ah that remains oriented towards the darūrī objectives of sharia. This research is expected to strengthen the integration of Islamic, civil, and human rights law analysis in contemporary marital law studies.
Childfree, Marriage, Islamic Law, Civil Law, maqāṣid al- Syarī'ah.
Copyright (c) 2026 Muhammad Ilham, Muhammad Saleh Ridwan, Andi Abdul Hamzah https://creativecommons.org/licenses/by-nc-sa/4.0
The Transformation of Deleh Mendeleh: An ‘Urf-Based Analysis of Reciprocity in Sukowati Village
This study aims to examine the transformation of the deleh mendeleh tradition within marriage practices in Sukowati Village, Gresik Regency, through the lens of ‘urf in Islamic law. Traditionally regarded as a form of voluntary mutual assistance, empirical findings reveal that the practice has evolved into a socially binding system of reciprocity characterized by systematic record-keeping and expectations of repayment. This qualitative field research involved 10 informants selected through purposive sampling. Data were collected through in-depth interviews, observation, and documentation, and analyzed using thematic analysis. The findings indicate a dual perception within the community. While some participants continue to view deleh mendeleh as an expression of solidarity, others experience it as a social obligation accompanied by economic pressure. Empirical evidence shows that recorded contributions ranging from IDR 50,000 to IDR 500,000 generate repayment expectations that disproportionately burden lower-income households. From the perspective of ‘urf, the practice may be classified as ‘urf ṣaḥīḥ when based on voluntariness and oriented toward ta‘āwun and maṣlaḥah. However, when shaped by social pressure and economic burden, it shifts toward ‘urf fāsid, as it undermines the principles of justice and mutual consent (riḍā). This study contributes to uṣūl al-fiqh discourse by demonstrating that ‘urf is dynamically shaped by processes of social institutionalization, thereby requiring continuous reassessment to ensure its alignment with Islamic legal principles.
‘Urf, Reciprocity, Tradition, Deleh Mendeleh
Copyright (c) 2026 Novi Rahmadhani, Faishal Agil Al Munawar, Kasuwi Saiban https://creativecommons.org/licenses/by-nc-sa/4.0
Tradisi Pengulangan Khutbah Jum’at di Aceh: Dialektika Kehati-Hatian (Ihtiyat) dan Otoritas Dayah
This study examines the unique phenomenon of repeating Friday sermons (Khutbah) in Aceh, practiced as a precautionary measure (iḥtiyāṭ) to ensure ritual validity. While contemporary Islamic legal discourse tends to simplify worship practices, Acehnese society adopts a ritual thickening approach rooted in strict adherence to the Shafi'i school. This practice emerges as a response to theological anxiety regarding the potential invalidation of the muwalah (continuity) condition caused by operational pauses or technical interruptions during the sermon. This study aims to analyze the construction of Islamic law that legitimizes this practice and to uncover how religious authorities (Dayah) institutionalize it within the community. Employing a socio-legal approach within a qualitative framework, this study synthesizes the analysis of classical jurisprudential texts (turats) with phenomenological observations of congregants and preachers in Dayah-based regions. The findings confirm that sermon repetition is not an indication of incompetence or inefficiency, but rather a mitigative legal strategy grounded in the principles of Iḥtiyāṭ (precaution) and Sadd al-Dharīʿah (blocking the means to harm). Dayah scholars play a central role in constructing the narrative that this repetition serves as a theological safeguard to protect the validity of worship from doubt (syak). This study concludes that this phenomenon represents a Fiqh of Anxiety, where strict textual compliance functions as a psycho-religious mechanism to achieve inner peace.
Copyright (c) 2026 Asriadi, Irfan Fauzi https://creativecommons.org/licenses/by-nc-sa/4.0
Penegakan Hukum Tindak Pidana Penipuan Online Melalui Media Sosial di Polda Jabar Perspektif Hukum Pidana Islam
This study examines the law enforcement of online fraud crimes conducted through social media within West Java Regional Police i based on Indonesian positive law. The increasing number of online fraud cases indicates serious challenges in law enforcement in the digital era, despite the existence of statutory regulations that clearly prohibit and impose sanctions on such acts. This research aims to analyze the law enforcement mechanisms implemented by the police and to identify the obstacles encountered in handling online fraud cases in practice. The research employs an empirical juridical method with a qualitative approach, using interviews with officers of the Cyber Crime Directorate of the West Java Regional Police, observations, and a literature review of relevant legal provisions, particularly the Indonesian Criminal Code and the Law on Electronic Information and Transactions. The findings show that, normatively, existing legal provisions have clearly regulated the prohibition and criminal sanctions for online fraud. However, in practice, law enforcement still faces several challenges, including limited digital forensic facilities, difficulties in tracing perpetrators, and coordination barriers among relevant institutions. These conditions have resulted in law enforcement efforts that are not yet optimal. Therefore, strengthening the capacity of law enforcement officers, optimizing digital law enforcement infrastructure, and enhancing inter-agency coordination are necessary to achieve effective and equitable law enforcement.
Online Fraud, Law Enforcement, Jarimah Tazir
Copyright (c) 2026 Muhammad Eriyan, Muhamad Kholid, Didi Sumardi https://creativecommons.org/licenses/by-nc-sa/4.0
Rekonstruksi Hak Khiyār sebagai Standar Minimum Retur–Refund dalam Jual Beli Ritel di Indonesia: Harmonisasi Khes dan UU Perlindungan Konsumen
Retail transactions in Indonesia frequently apply “no return/no refund” policies through standard terms, creating tension between effective consumer remedies and contractual certainty. This article aims to reconstruct khiar rights under the Indonesian Compilation of Sharia Economic Law (KHES) as a minimum return–refund standard that is compatible with the Consumer Protection Law (UUPK). Using a doctrinal (normative) legal method, the study employs a statute approach to examine UUPK and KHES, a conceptual approach to operationalize khiar (Syarṭ, ru’yah, and ‘aib) as a remedial mechanism, and a harmonization/legal-policy approach to design an implementable standard. The results propose a minimum standard built on six parameters: scope, valid grounds (defect/’aib, mismatch/ru’yah, trial period/Syarṭ), tiered time windows, proportionate evidentiary requirements, remedy hierarchy (repair/replace/refund), and limited exceptions with alternative remedies. The discussion shows that blanket “no return/no refund” clauses are normatively problematic when they eliminate remedies for defect or mismatch, while structured limitations remain permissible to prevent moral hazard and ensure business certainty. The article recommends adopting a model clause and a minimum SOP (complaint–verification–decision–remedy–recording) as auditable compliance instruments for Indonesian retail.
consumer protection; khiar; KHES; return–refund policy; standard form contracts
Copyright (c) 2026 Ahmad Wahyudi, Bagas Heradhyaksa, Kholid Irfani, Pas Inggrid Pamesti, Wawaysadhya https://creativecommons.org/licenses/by-nc-sa/4.0
Eksploitasi Hutan sebagai Kejahatan Ekologis dalam Perspektif Hukum Islam
Forest exploitation is a serious issue that directly impacts environmental degradation, public safety, and the sustainability of natural resources. To date, forest exploitation has largely been understood as an administrative and policy-related issue in natural resource management, resulting in limited legal accountability. This article aims to analyze the legal status of forests within the perspective of Islamic law and to formulate a framework of criminal liability for forest exploitation that harms public interests. This study employs a normative juridical approach through library research, utilizing primary sources such as the Qur’an and Hadith, as well as secondary sources including literature on fiqh jināyah and legal maxims. The findings indicate that forests in Islamic law can be classified as part of public ownership (milkiyyah ‘āmmah), whose management constitutes a state trust for public welfare. Forest exploitation that causes environmental damage and social harm can be analyzed as an act involving elements of fasād fī al-arḍ and, through legal reasoning (istinbāṭ), can be classified as a ta‘zīr offense. The novelty of this study lies in the expansion of criminal liability, which not only applies to individuals and corporations as direct actors but also extends to the state in cases of administrative negligence and abuse of authority. Thus, Islamic criminal law provides an adaptive framework for addressing modern ecological crimes based on the protection of public welfare.
Forests; Exploitation; Ecocrime; Ta‘zīr; Sharia
Copyright (c) 2026 Jumarni Dalle, Inda Sari Palinrungi, Rahman https://creativecommons.org/licenses/by-nc-sa/4.0
Kewajiban Laki-Laki dalam Hak Nafkah Kerabat Perempuan (Studi Komparatif Mazhab Syafii dan Hambali)
This study examines the obligations of men in fulfilling the maintenance rights of female relatives from the perspectives of the Shafi‘i and Hambali schools, which aims to identify the female relatives who are entitled to receive maintenance and the priority order of men who are obliged to provide the maintenance to those female relatives. The research is motivated by contemporary social conditions in which many households rely economically on women, while Islamic law places that responsibility on men. Using a library research method with a comparative normative descriptive approach, this study analyzes classical fiqh texts representing both schools, supported by secondary sources from academic literature and relevant journals. The findings show that both the Shafi‘i and Hambali schools agree that ascendants (uṣūl) and descendants (furū‘) are entitled to financial maintenance. However, the Hambali school adopts a broader scope by including all heirs (ahl al-mīrāth). In determining priorities, the Shafi‘i school prioritizes the closeness of lineage, while the Hambali school uses the order of inheritance rights as the basis. This research is expected to contribute to a more systematic understanding of the responsibility for maintenance in Islamic law and serve as a reference for future research on Islamic family law.
Maintenance, Female Relatives, Shafi‘i, Hambali, Islamic Family Law.
Copyright (c) 2026 Andi Alif Anugrah Hamzah, Said Syaripudin, Nuraeni Abdullah, M. Akil https://creativecommons.org/licenses/by-nc-sa/4.0
Pendekatan Multidisipliner dalam Studi Perkawinan Dini
Early marriage refers to a marriage that takes place before the prospective bride or groom reaches the minimum age of 19, as stipulated in Law No. 16 of 2019. This study uses a multidisciplinary approach with a thematic-holistic framework to analyze the practice of early marriage in Indonesia. The research method used in this study is library research, which is qualitative in nature, analyzing academic literature, legal regulations, journal articles, and official documents. The multidisciplinary approach provides a comprehensive analytical framework for understanding the factors that cause early marriage and its various impacts, ranging from psychological readiness, social and economic conditions, reproductive health impacts, to gender role construction. The thematic-holistic study emphasizes the importance of the universal values of Islamic family law, such as justice, child protection, emotional and financial readiness, which form the basis for rejecting the practice of early marriage without adequate preparation. The results of the study show that early marriage has a negative impact on mental health, schooling, family stability, and social and economic welfare. A multidisciplinary and thematic-holistic approach provides a more comprehensive analytical framework for formulating appropriate intervention strategies and policies, in line with the principles of maqāṣid al-syarī‘ah and child protection.
Early Marriage, Multidisciplinary Approach, Thematic-Holistic
Copyright (c) 2026 Ramzy Faishal Ammar https://creativecommons.org/licenses/by-nc-sa/4.0
Dry Cleaning dalam Perspektif Fikih Taharah (Studi Komparatif Antara Jumhur dan Abū Ḥanīfah)
This research aims to find out and understand the differences in opinions of Jumhur and Abū Hanīfah regarding the law of dry cleaning. This research uses a type of library research with a normative, case and comparative approach. The results of the research show that the process of removing impurity without using water according to Jumhur ulama cannot be said to be holy, because of caution if the clothes still have unclean substances that stick to the clothes if they are not rinsed using water, so the dry cleaning method for cleaning uncleanness is not in accordance with the Jumhur school of thought, because it must use water to purify the uncleanness, whereas according to the view of the Ḥanafī school of cleaning uncleanness other than using water, the dry cleaning method is in accordance with the school of thought. Ḥanafī because it has been proven to eliminate the smell, color and taste, it is in accordance with the wishes of the Shari'a. Both opinions use the same istinbat method in making arguments, namely, the Qur'an, hadith and kias, but both differ in interpreting the existing arguments.
Jumhur, Abū Ḥanīfah, Dry Cleaning, Taharah
Copyright (c) 2025 Asri Asri, Syandri Syandri, Nur Azizah Arham https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Program Brus dalam Pencegahan Pernikahan Dini: Analisis Maqāṣid Al-Syarī’ah dan Hukum Positif
This study analyzes the implementation and effectiveness of the Harmonious School-Age Youth Guidance Program (BRUSH) in preventing early marriage at the Religious Affairs Office (KUA) of Bodeh District, Pemalang Regency, through the perspectives of Maqashid Syariah and Indonesian positive law. The research aims to assess how BRUSH functions as an educational and preventive tool in fostering legal, moral, and spiritual awareness among adolescents. Employing a qualitative case study approach, data were collected through interviews, observations, and document analysis. The findings indicate that BRUSH is implemented through collaboration among KUA officers, schools, and religious counselors, using interactive methods such as group education, thematic guidance, discussions, and pre-marital simulations focusing on participants’ psychological, legal, and religious readiness. The program effectively reduces early marriage interest and enhances youth literacy on marriage values and reproductive health. Normatively, BRUSH reflects the five objectives of Maqashid Syariah (ḥifẓ ad-dīn, an-nafs, al-‘aql, an-nasl, al-māl) and aligns with Law No. 16 of 2019 on Marriage and Law No. 35 of 2014 on Child Protection. This study contributes to integrating Islamic and national legal frameworks in youth protection policies and strengthens pre-marital education based on Maqashid Syariah at the local level.
BRUS, Early Marriage, Maqāṣid al-Syarī‘ah, Positive Law.
Copyright (c) 2026 Miftahul Munir, Wasman https://creativecommons.org/licenses/by-nc-sa/4.0
Dimensi Positif Rumah Tangga pada Pernikahan dini dalam Prinsip Sakinah
This study aims to analyze the positive dimensions of early marriage households within the principle of sakinah through a case study in Jaya Bhakti Village. Early marriage is generally associated with emotional and economic vulnerability; however, in certain social contexts it may demonstrate positive family resilience. This research employs an empirical field approach through interviews with young couples, religious leaders, and village officials. The findings reveal that young couples are able to build household resilience through clear role distribution, open communication, and strong family and social support. The principle of sakinah functions as a spiritual foundation that guides couples in patience, mutual understanding, and adaptation. Additionally, the decision to delay childbirth due to economic considerations reflects rational family planning and psychological maturity. The study concludes that early marriage can lead to a harmonious household when supported by responsibility, religious guidance, and a constructive social environment.
Early Marriage, Sakinah Family, Family Resilience, Islamic Family Law, Marriage Dispensation
Copyright (c) 2026 Alya Azmi Novalia, Seno Aris Sasmito https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Fatwa Syekh al-‘Uṡaimīn Tentang Keabsahan Haji Orang yang Meninggalkan Salat
This study aims to analyze the fatwa of Shaykh al-ʿUthaymīn regarding the validity of the Hajj for an individual who abandons prayer. The research employs a descriptive qualitative method with a normative juridical approach through library research. The findings reveal three key points: first, according to Shaykh al-ʿUthaymīn, deliberately abandoning prayer may invalidate the validity of the Hajj, as it is regarded as an act of disbelief; second, this fatwa is grounded in the Qur’anic evidences, the Hadith, and the views of the Salaf scholars, who position prayer as the pillar of the religion and implicitly consider it a prerequisite for the validity of other acts of worship, including the Hajj; third, the fatwa holds significant relevance in the contemporary era, particularly in fostering awareness among Muslims of the urgency of maintaining prayer prior to performing the Hajj. The implications of this study highlight the importance of a comprehensive understanding of the interrelationship between the performance of prayer and the validity of the Hajj, as emphasized in Shaykh al-ʿUthaymīn’s fatwa. The study further demonstrates that the pillars of Islam cannot be practiced partially; rather, they must be observed holistically and consistently. These findings may also serve as a reference in religious guidance and in the development of daʿwah curricula, with the aim of strengthening the Muslim community’s understanding of prayer as the pillar of religion that supports the performance of other acts of worship, including the Hajj.
Fatwa, Shaykh al-‘Uṡaimīn, Hajj, Salat, Validity of worship
Copyright (c) 2025 M. Kasim, Muhammad Rezky Fauzy, Muhammad Nur Sayyid https://creativecommons.org/licenses/by-nc-sa/4.0
Sistem Pertambangan Koridor dalam Perspektif Hukum Islam (Studi Kasus di Kampung Mayang Mangurai Kecamatan Teluk Bayur Kabupaten Berau)
This study examines corridor mining practices, namely informal and illegal coal mining carried out by landowners and unofficial miners in Kampung Mayang Mangurai, Teluk Bayur Subdistrict, Berau Regency, from the perspective of Islamic law. This study aims to describe and analyse the operational mechanisms and socio-economic factors that drive these practices, as well as to assess their compatibility with Islamic law principles, in order to formulate a Sharia-based ethical and juridical framework as an alternative solution to informal mining practices in the community. This study is a field study of a qualitative nature. Primary data was collected through direct observation, in-depth interviews, and field documentation, combining normative and sociological approaches. Data analysis was conducted in three stages, namely data reduction, data presentation, and conclusion drawing. The results showed that corridor mining takes place through informal cooperation between landowners and heavy equipment miners as a strategy for economic survival. Although it provides short-term benefits, this practice is illegal under positive law and is carried out in the IUP area of other companies. From an Islamic law perspective, this practice is not justified because coal is al-milkiyyah al-'ammah (public property) that must be managed by the state for the common good. This study emphasises the need to strengthen state governance and educate the community about sharia and environmental ethics.
Copyright (c) 2025 Musriwan Musriwan, Andi Dahmayanti Muchtar, Santi Sarni, Risdayani, Nurul Kharisma Idrus https://creativecommons.org/licenses/by-nc-sa/4.0
Mediasi Keagamaan MUI dalam Fatwa Nomor 24 Tahun 2017 dan Analisis Maqāṣid Al-Syarī‘Ah di Era Digital
The development of digital technology has created a new sphere for social interaction and Islamic da‘wah while simultaneously opening opportunities for conflicts arising from the spread of hoaxes, slander, and hate speech based on religion. In this context, the Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) plays an important role as a religious institution that not only issues legal fatwas but also performs a function of social mediation. This study aims to analyze MUI’s mechanism of religious mediation through Fatwa No. 24 of 2017 on the Law and Guidelines for Social Interaction via Social Media, by examining the extent to which maqāṣid al-sharī‘ah (the higher objectives of Islamic law) are reflected in its substance and objectives. This research employs a qualitative-descriptive approach combined with a normative-sociological perspective and is categorized as library research. The primary data are derived from the official text of the MUI fatwa, while secondary data include the Qur’an, hadith, classical uṣūl al-fikih works, and relevant academic literature. The analysis uses content analysis guided by the framework of maqāṣid al-sharī‘ah. The findings reveal that MUI Fatwa No. 24/2017 embodies the values of protecting religion (ḥifẓ al-dīn), intellect (ḥifẓ al-‘aql), and honor (ḥifẓ al-nasl), and functions as a form of normative mediation in maintaining ethical digital communication. The contribution of this study lies in strengthening the discourse of fikih al-islāḥ (the jurisprudence of reconciliation) within contemporary Islamic law, by offering a maqāṣid-based perspective in understanding fatwas as social instruments for fostering peace in the digital era.
MUI Fatwa, Religious Mediation, Social Media, Maqāṣid al-Sharī‘ah, Social Peace.
Copyright (c) 2025 Muh Isra Syarif, Kurniati, Misbahuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Evaluasi Normatif Dispensasi Perkawinan Pasca Undang-Undang Nomor 16 Tahun 2019 dalam Perspektif Maqāṣid Al-Syarī‘Ah: Studi Kasus di Pengadilan Agama Bima
This study examines the rising number of marriage dispensation applications at the Bima Religious Court as an indication of the ineffectiveness of existing legal policies in reducing child marriage rates. The purpose of this research is to identify the factors contributing to the increase in dispensation requests and to analyze the implementation of the policy from an Islamic legal perspective by assessing its conformity with the principles of maqāṣid al-Sharī‘ah, particularly the protection of life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), and lineage (ḥifẓ al-nasl). This research employs a juridical-normative approach with qualitative descriptive analysis based on literature studies, court decisions, and limited interviews with judicial officers. The findings reveal that the surge in dispensation applications is driven by social, cultural, and economic factors as well as low legal awareness within the community. From the perspective of maqāṣid al-Sharī‘ah, the granting of a marriage dispensation is permissible only under urgent circumstances that ensure greater public benefit and prevent potential harm, thus requiring judges to apply strict and proportional considerations. This study recommends strengthening legal awareness, tightening the criteria for granting dispensations, and enhancing collaboration among judicial institutions, local governments, and communities to ensure that Islamic family law policies operate fairly and remain oriented toward child protection.
Marriage Dispensation, Islamic law, Maqāṣid Al-syarī‘ah, Child Marriage
Copyright (c) 2026 Putri Rahyu, St Maryam, Suci Mulyati, Salmiati, Anggar Putra https://creativecommons.org/licenses/by-nc-sa/4.0
Peran Mediasi dalam Penyelesaian Perceraian Pegawai Pemerintah dengan Perjanjian Kerja Akibat Tekanan Ekonomi: Perspektif Hukum Keluarga Islam
The phenomenon of increasing divorce rates among Government Employees with Employment Agreements (PPPK) is an issue that requires serious attention, considering the complexity of the economic, social, and psychological factors that underlie it. Uncertainty of employment status, limited income, and high workloads have implications for tension in household relations and decreased family resilience. This study aims to analyze the role of mediation in resolving PPPK divorce cases due to economic pressure from the perspective of Islamic Family Law. The research method used is a literature review by examining various literature sources, laws and regulations, and the results of relevant previous research. The results show that economic pressure is the dominant factor driving the increasing PPPK divorce rate, while mediation functions not only as a dispute resolution mechanism but also as an instrument of family protection through an ishlah approach that emphasizes the values ​​of justice, welfare, and moral responsibility. This study contributes to enriching the study of Islamic Family Law through a contextual analysis of the dynamics of PPPK divorce, which has its own characteristics compared to non-PPPK couples. In addition, this study emphasizes the importance of strengthening mediation based on Islamic values ​​as a preventive measure against family disintegration due to economic pressure.
Divorce, PPPK, Mediation, Economic Pressure, Islamic Family Law.
Copyright (c) 2025 Ghina Nadiah , Musleh Harry https://creativecommons.org/licenses/by-nc-sa/4.0
Nilai-nilai Hak Asasi Manusia dalam Kasus Peradilan Ṭu‘Mah bin Ubairiq pada Masa Rasulullah
Judicial practices in many Muslim countries today still show inequality and unfair treatment, especially towards minority groups and those who are socially and economically disadvantaged. This disparity highlights the need to revisit Islamic history in order to revive the universal values of justice that form the basis of the Islamic legal and judicial systems. This study aims to analyze the case of Ṭu‘mah Bin Ubairiq during the time of the Prophet Muhammad saw. in order to identify reflections of human rights values. This study uses a qualitative method with a historical-normative approach and Mashood A. Baderin's interdependence theoretical framework, which emphasizes the complementary relationship between Sharia and human rights as two normative systems with the same goal of ensuring justice and human dignity. This article analyzes primary sources of Islamic law and uses the UDHR as a comparative framework. The results of the study show that the resolution of the Ṭu‘mah case strongly reflects the fundamental principles of the UDHR, such as equality before the law (Article 7), the right to a fair trial (Article 10), the presumption of innocence (Article 11), and the protection of property rights (Article 17) and honor (Article 12). It can be concluded that despite originating from different sources of legitimacy, this case demonstrates that universal human rights principles have long been internalized in the Islamic judicial tradition based on divine revelation.
History of Islamic Law, Ṭu‘mah Bin Ubairiq, Human Rights
Copyright (c) 2025 Muhammad Fadel Adhyputra, Muhammad Raihan Akbar https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Hukum Pidana Islam dalam Putusan Nomor 316/Pid.B/2024/PN NNK Tentang Sanksi Tindak Pidana Pembunuhan Berencana
This study aims to analyze the judge’s legal considerations in Decision Number 316/Pid.B/2024/PN Nnk regarding the criminal act of premeditated murder and to examine its relevance to Islamic criminal law. The research employs a normative legal approach through a library research method. Data were obtained from primary legal materials such as the Indonesian Penal Code (KUHP) and court decisions, as well as secondary legal materials including Islamic legal literature and fiqh jinayah. The analysis was conducted qualitatively using case, comparative, and conceptual approaches to connect the norms of positive law and Islamic law with the existing legal facts. The results show that the panel of judges found the elements of intent and premeditation in the case of Bahdaniar alias Emi binti Muhammad Idris to be proven, thereby imposing a fourteen-year prison sentence. From the perspective of Islamic criminal law, the act is categorized as qatl al-‘amd (intentional homicide), which carries sanctions of qishas, diyat, or afw, emphasizing both retributive and restorative justice. Substantively, the decision reflects the protection of the human right to life (ḥifẓ al-nafs), although it has not yet fully accommodated the social and spiritual dimensions of justice as outlined in Islamic law.
Islamic Criminal Law, Qishas-Diyat, Premeditated Murder, Court Decision
Copyright (c) 2025 Merang Mustakim, Usep Saepullah, Didi Sumardi https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Empiris terhadap Putusan Pengadilan Agama tentang Dispensasi Perkawinan Anak dalam Perspektif Pluralisme Hukum dan Maqāṣid al-Syarī'ah
The phenomenon of granting marriage dispensations in Indonesia demonstrates a complex interaction between Islamic law, state law, and socio-cultural norms. This study aims to assess the consistency of the application of maqāṣid al-syarī'ah in decisions on child marriage dispensations in several Religious Courts in Indonesia, particularly in relation to the extent to which judges consider comprehensive child protection aspects. Using a qualitative method based on a normative juridical approach, this study analyzes four Religious Court decisions, namely PA Palembang No. 139/Pdt.P/2023/PA.PLG, PA Samarinda No. 335/Pdt.P/2021/PA. Smd, PA Samarinda No.148/Pdt.P/2023/PA.Smd, and PA Sengkang No. 1/Pdt.P/2020/PA.Skg, using the framework of legal pluralism and maqāṣid al-Syarī’ah. The findings show that the judges' decisions in the four cases varied in terms of the balance between state law, religious values, and child protection. Social, cultural, and moral factors remain the main drivers in granting dispensations. However, from the perspective of maqāṣid al-Syarī’ah, most decisions still place ḥifẓ al-nasl and ḥifẓ al-'irḍ as the main basis for granting dispensations, especially to avoid social stigma resulting from pregnancy outside of marriage. while more fundamental considerations such as ḥifẓ al-nafs and ḥifẓ al-'aql, which include physical health, psychological readiness, and the child's education, have not been applied consistently. Only Samarinda Religious Court Decision No. 335 displays a more comprehensive use of maqāṣid. Based on these findings, this study recommends more operational technical guidelines so that the application of maqāṣid al-syarī'ah is not partial, but functions as a comprehensive child protection instrument in the context of Indonesian legal pluralism.
Marriage Dispensation, Legal Pluralism, Maqāṣid al-Syarī’ah, Child Protection.
Copyright (c) 2025 Nurbaeti, Kurniati, Musyfikah Ilyas https://creativecommons.org/licenses/by-nc-sa/4.0
Konsep Kafarat dalam Perkawinan: Rekonstruksi Perjanjian Perkawinan dalam Pemikiran Prof. Fathorrahman
Marriage agreements in Indonesia, as regulated under Article 29 of Law Number 1 of 1974 in conjunction with Law Number 16 of 2019 and further expanded through Constitutional Court Decision Number 69/PUU-XIII/2015, aim to provide legal certainty regarding the management of assets and the responsibilities of spouses. However, their effectiveness remains limited due to the absence of direct sanctions in the event of non-compliance. This study examines the legal position of marriage agreements in Indonesian law, analyzes the concept of kafarat in Islamic jurisprudence as formulated by Prof. Dr. Fathorrahman, and reconstructs it as a religious-legal sanction aligned with human rights principles. Using a qualitative-descriptive approach through library research and interviews, the findings indicate that kafarat, in both material and immaterial forms, may serve as a more effective enforcement mechanism with preventive and restorative functions, while remaining consistent with principles of equality, non-discrimination, and human dignity. Consequently, the reconstruction of kafarat presents a transformative legal model that strengthens the binding force of marriage agreements and contributes to the development of Islamic family law in Indonesia.
Kafārat in Marriage, Marriage Agreement, Human Rights, Mubādalah.
Copyright (c) 2025 Nurul Firdaus, Fathurrahman Alfaraqy, Hammad Farobi Syahuda https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Perpindahan Warisan Pusaka Tinggi Menjadi Pusaka Rendah dalam Adat Minangkabau Perspektif Maqāṣid al-Syarī‘ah
This study aims to examine the transformation of high heritage property into low heritage property in Kenagarian Sumani as a form of community adaptation to social dynamics. The study focuses on the factors that drive the change in the status of inheritance from high heritage property to low heritage property, as well as the practices involved. The phenomenon is then analysed from the perspective of maqāṣid al-syarī‘ah to evaluate its alignment with the objectives of Islamic law in achieving the best interests of those involved in the inheritance process. This study uses a qualitative approach with a case study design. Data were collected through interviews with niniak mamak, traditional leaders, and local residents, as well as through an analysis of various sources of customary law and Islamic literature. The results of the study show that the change in status from high to low heritage is made to prevent family conflict. This change has a positive impact on ownership clarity and family harmony, despite reducing the traditional value of high-status property as a symbol of identity. From a sharia perspective, this shift is in line with the Islamic sharia's goal of safeguarding property, lineage, life, intellect and religion, illustrating the adaptive interaction between customary law and Islamic legal objectives.
Ancestral property, individual inheritance, Minangkabau customary law, Maqāṣid al-syarī‘ah, maslahah
Copyright (c) 2025 Wulandari Binti Zulfadli, Witia Oktaviani https://creativecommons.org/licenses/by-nc-sa/4.0
Pencatatan Perkawinan terhadap Kabhin Ghentong Perspektif Peraturan Perundang-Undangan dan Maṣlaḥah (Studi di Desa Lepelle Kecamatan Robatal Kabupaten Sampang)
Kabhin ghentong is a term for unregistered marriage practiced by the Lepelle village, Robatal district, Sampang Regency, where marriage registration is carried out after the marriage without any specified time limit. This practice does not fully in accordance with regulated procedures. This study aims to describe and analyze the process of marriage registration for kabhin ghentong from the perspective of Legislation and Maṣlaḥah Regulations. The research method used is empirical legal research that focuses on field research. Data collection techniques involve structured interviews using purposive sampling. The results of the study conclude that kabhin ghentong is a practice of unregistered marriage that registers marriages after marriage without going through regulated procedures. When viewed from the legislation, there is a discrepancy with the Regulation of the Minister of Religious Affairs No. 30 of 2024 on Marriage Registration because it does not fully comply with the procedures for registering marriage intentions, marriage examinations, implementation of marriage contracts and marriage registration. Marriage registration for kabhin ghentong is included in the Maṣlaḥah mursalah because it aims to realize the welfare of society and protect the rights of women and children. This research suggests the need for harmonization between Islamic and civil law to address disparities so that the provisions on marriage registration are complied with by society as a whole.
Kabhin Ghentong, Marriage Registration, Legislation, Maṣlaḥah
Copyright (c) 2025 Safiatus Zahro, Ali Kadarisman https://creativecommons.org/licenses/by-nc-sa/4.0
Problematika Sakralitas dalam Media Hiburan: Telaah Fikih terhadap Game “Ghaib”
The presence of holy Islamic material in popular media is a grave matter morally and legally—particularly when Qur'anic passages are used in entertainment media. "Ghaib," an Indonesian horror video game, employs Qur'anic recitals as holy weapons against ghosts, provoking worldwide fame and controversy. This study deviates from the topic of disrespect for the Qur'an in contemporary digital culture, especially when it is set within contexts that go against its sacred nature. Therefore, this research aims to explore the relevance of the rules of fiqh adab in the Quran to the case of the game “Ghaib” and its implications. Employing qualitative descriptive-analytical methods, this study draws on classical fiqh literature, contemporary scholarly research, and digital ethnography. Findings indicate that the game is failing to uphold adab (etiquette) towards the Qur'an and being primarily entertainment-oriented. In accordance with fiqh principle—namely the rule of thumb that when halal and haram are mixed, the haram dominates—the study concludes that such use of the Qur'an is not allowed (haram), and could constitute kufr if disrespectful. This research highlights the importance of affirming Qur'anic sacredness in digital culture and provides ethical standards for Muslim gamers and game creators. In addition, this research contributes to preventing the stagnation of ancient ethical practices by testing their implementation in the present day.
Fiqh, Qur'anic ethics, digital media, sacredness, Islamic law, horror games
Copyright (c) 2025 Salman Al Farisi https://creativecommons.org/licenses/by-nc-sa/4.0
Aturan Pembatasan Perizinan Keluar Asrama Bagi Mahasiswa dalam Tinjauan Kaidah Sadd Al-Żarī‘ah (Studi Kasus di Asrama Putra STIBA Makassar)
This study aims to examine the implementation of exit permit restrictions for students at the STIBA Makassar male dormitory and analyze it through the lens of the uṣūl fiqh principle of sadd al-żarī‘ah. The research responds to the contemporary challenge of character decline among youth, for which the boarding school system is seen as a strategic solution. The exit permit policy is part of efforts to enhance student character development. Using a qualitative field research method with Normative, uṣūl fiqh, and case study approaches, data were collected through interviews, observation, and analysis of both classical Islamic sources and modern literature. The findings show that the restriction is outlined in the Student Code of Ethics and categorized into three levels: absolute restriction, conditional permission, and unconditional permission. However, violations have been identified, including misuse of permits for activities that contradict Islamic values, exceeding the permitted time limits, and unauthorized methods of leaving the dormitory such as falsifying documents or climbing over fences. From the perspective of the uṣūl fiqh principle of sadd al-żarī‘ah, the policy is considered appropriate as a preventive measure to close the pathways that may lead to moral, academic, and disciplinary harm. It is viewed as a means of protecting student well-being and supporting the success of character formation within the dormitory environment.
permission, dormitory, restriction, student, Sadd al-Zarī‘ah, Islam, STIBA Makassar
Copyright (c) 2025 Ahmad Syaripudin, Hamzah Sekkeng https://creativecommons.org/licenses/by-nc-sa/4.0
Istiḥsān: Relevansi dan Implementasinya dalam Pergumulan Hukum Islam Kontemporer
The development of Islamic law continues to change in line with the evolution of time, both in social aspects and in the fields of science and technology. In practice, there are legal cases that have no basis for their establishment, or whose legal basis cannot be found with certainty, such as zakat income from lectures, which has no concrete basis in the Quran, Hadith, Ijmā’, or Qiyās. This research aims to find the legal basis for this practice thru a study of ushul fiqh. As for the method, it is a descriptive qualitative method, using a case study approach based on events occurring in society. The research findings indicate that Imam Abu Hanifah’s opinion on istiḥsān can address various contemporary issues. Although this thinking emerged due to sociological factors hundreds of years ago, it turns out that the difference in conditions did not become an obstacle and is still relevant to be applied as a legal solution in contemporary times. The implications of this research contribute to the struggles of contemporary Islamic law and serve as a reference for society in daily life in general, particularly in the practices of worship, transactions, politics, science and technology (IPTEK), as well as food, medicine, and cosmetics (POM).
Istihsan, Legal Struggle, Relevance, Implementation
Copyright (c) 2026 Ahmad Mafaid, Purnama Hidayah Harahap, Abd Aziz Tambunan https://creativecommons.org/licenses/by-nc-sa/4.0
Hukum Melemahkan/Mematikan Syahwat pada Penderita Down Syndrome Perspektif Hukum Islam
Individuals with Down syndrome experience normal biological development, including the emergence of sexual urges (syahwat). However, this is often accompanied by insufficient mental and social capacity to manage these urges responsibly. This condition can result in the risk of sexual behavior deviation or becoming victims of sexual violence. This study aims to analyze the concept and Islamic law regarding the suppression or control of syahwat in individuals with Down syndrome. This research is a library research study employing a normative and psychological approach. Data is collected from primary and secondary literature, such as fiqh books, tafsir, journals, and academic articles, and analyzed descriptively-qualitatively. The findings indicate that methods to control syahwat include fasting, istimnā’ (self-stimulation), and castration (both physical and chemical). Islamic law encourages fasting as a permissible and beneficial method. In contrast, opinions regarding istimnā’ and castration differ among scholars. Physical castration is categorically prohibited, while chemical castration is allowed only in emergency situations and with strict considerations of benefits (maslahah) and harms (mafsadah). The implications of this study emphasize the importance of a preventive and educational approach based on religion, as well as family support, in managing the sexual urges of individuals with Down syndrome, rather than coercive methods that may violate the principles of maqāṣid al-Syarī‘ah.
Down Syndrome, Sexual Desire, Chemical Castration, Islamic Law, Maqāṣid al-Syarī‘ah
Copyright (c) 2025 Sartini Lambajo, Siti Sa’dianti, Haryaty https://creativecommons.org/licenses/by-nc-sa/4.0
Pemenuhan Hak Istri oleh Suami Pecandu Game Online: Studi Normatif-Empiris Menurut KHI di Tanjungbalai
This study examines the fulfillment of wives’ rights by husbands addicted to online gaming from a normative-empirical perspective according to the Compilation of Islamic Law (KHI) in Tanjungbalai City, Indonesia. The phenomenon of online gaming addiction among husbands has created new challenges for the resilience of Muslim families, especially regarding the fulfillment of wives’ rights in economic, emotional, and spiritual aspects. Employing a qualitative approach, this research used in-depth interviews with husbands, wives, and religious figures in two districts. The findings reveal that online gaming addiction contributes to the neglect of family support, deterioration of communication and attention from husbands, and increased psychological stress and household conflict. Furthermore, wives often face obstacles in accessing legal and social protection due to strong patriarchal culture and limited digital literacy. Although KHI stipulates a fair distribution of rights and obligations between husband and wife, its implementation at the local level faces significant structural and cultural challenges. These results highlight the urgency of strengthening digital literacy, family law education, and collaboration among religious institutions, communities, and government to build a responsive family protection system in the digital era. This study contributes to the development of contemporary Islamic family law discourse and the protection of women's rights in the dynamics of digital society.
Online game addiction, wives’ rights, Compilation of Islamic Law, Muslim family, Tanjungbalai.
Copyright (c) 2025 Ismail Adha, Abdul Mukhshin https://creativecommons.org/licenses/by-nc-sa/4.0
Kritik Metodologis dan Substansial terhadap Perbandingan Hukum Kontrak Antara Hukum Islam dan Hukum Indonesia
This study critically examines Atharyanshah Pueri's article on the comparison of Islamic contract law and Indonesian law, against the background of the importance of high methodological standards in the study of comparative law, especially in the context of Indonesian legal pluralism. The approach of this study uses normative legal techniques and critical analysis, with a comparative methodology evaluation framework based on contemporary comparative legal theory. Meta-analysis techniques were used to assess the methodological framework, quality of argumentation, and engagement with primary sources and relevant literature. The study found that Puneri's article has significant methodological weaknesses, such as the absence of a clear comparative framework, limitations in the use of primary sources, lack of contextualization, and superficial substance analysis of both Islamic contract law and Indonesian law. The article also fails to identify the comparative tertiums that are essential for comparative studies. These weaknesses demonstrate the urgency of developing a more rigorous comparative legal research methodology, including the application of functional theoretical frameworks, the integration of case studies, and contextual analysis that includes socio-economic dynamics. This constructive academic criticism is expected to spur the improvement of the quality of legal research in Indonesia with international academic standards.
Comparative Contract Law, Legal Research Methodology, Academic Criticism, Islamic Law, Indonesian Law
Copyright (c) 2025 Imron Rosadi, Sofyan Al-Hakim https://creativecommons.org/licenses/by-nc-sa/4.0