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
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
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
Strategi Manajemen Waktu Ibu Rumah Tangga dengan Parasocial Relationship dalam Perspektif Syariat Islam
The phenomenon of increased involvement of homemaker women in parasocial relationships serves as the background for this research, which poses challenges in managing domestic time. The Nineties Teume community is a fan group of the South Korean boy band Treasure, where the majority of its members are housewives. The aim of this study is to identify the factors causing homemaker women in the Nineties Teume community to engage in parasocial relationships, to analyze the time management strategies they employ, and to examine Islamic perspectives on the phenomenon. This research uses a qualitative approach with a case study method. Data collection was conducted through in-depth interviews, documentation studies, and comprehensive literature reviews. The results indicate that parasocial relationships develop as a coping mechanism for stress, personal entertainment needs, and recreational fulfillment through music media; common time management strategies include optimizing leisure time, implementing flexible schedules, prioritizing family and domestic tasks, practicing pragmatic multitasking, receiving support from family members, and adjusting to time-related challenges. From an Islamic perspective, this phenomenon is criticized because it tends to idolize nonmuslim figures and listen to music that contradicts Shari’ah values.
Copyright (c) 2025 Arini Sabeela Martareza, Ruston Kumaini https://creativecommons.org/licenses/by-nc-sa/4.0
Cyber Cheating sebagai Bentuk Pelanggaran Hak Pasangan Suami Istri dalam Hukum Keluarga Islam
The development of digital technology has had a major impact on the dynamics of Muslim households. One phenomenon that has emerged is cyber cheating, which is a form of infidelity committed through digital media. This study aims to analyze cyber cheating as a form of violation of a wife's rights from the perspective of Islamic family law. The approach used is a legal-normative one, examining classical and contemporary Islamic legal sources such as the Quran, hadith, and the opinions of jurists regarding a husband's obligation to maintain his wife's loyalty and honor. The research findings indicate that cyber cheating, despite not involving physical contact, can still be classified as nushuz or a moral violation that impacts fairness in marriage. In QS. An-Nisa verse 128, the importance of maintaining family harmony and preventing nushuz is emphasized, while KHI Article 116 provides the legal basis for divorce due to prolonged disputes. An analysis of the maqashid syariah also shows that cyber cheating has the potential to violate the objectives of sharia, particularly hifzh al-nasl and hifzh al-‘irdh. Thus, cyber cheating is not merely a moral issue but also a serious legal violation of a wife’s rights in Islam. This study is expected to contribute to contemporary Islamic legal literature and serve as a reference for family protection policies for Muslims in the digital age.
Cyber Cheating; Wife's Rights; Islamic Family Law
Copyright (c) 2025 Hermes Aura Azkiyah, Samsudin Samsudin, Adang Djumhur https://creativecommons.org/licenses/by-nc-sa/4.0
Perluasan Pemanfaatan Surat Pernyataan Tanggung Jawab Mutlak (SPTJM) bagi Pasangan Nikah Siri dalam Mewujudkan Kepastian dan Keadilan Hukum
This study aims to examine the urgency and feasibility of expanding the function of the Absolute Statement of Responsibility (SPTJM) as an initial administrative basis for couples in unregistered marriages (nikah siri) in the process of marriage validation (isbat nikah) to achieve fair and certain legal protection. This research employs a normative juridical method with statutory, conceptual, historical, and sociological approaches, using primary, secondary, and tertiary legal materials analyzed descriptively and qualitatively. The results show that expanding the function of SPTJM is in line with progressive and responsive legal theory, and has the potential to serve as a limited administrative acknowledgment without replacing official registration, yet enabling access to basic public services and acting as a preliminary step toward formal legality through the isbat nikah mechanism. This study recommends the formulation of clear technical regulations and strict supervision to ensure that SPTJM is not misinterpreted as the legalization of unregistered marriages, but is understood as a temporary solution that upholds humanitarian principles, substantive justice, and constitutional protection.
Population Administration, Legal Certainty, Siri Marriage, Absolute Statement of Responsibility
Copyright (c) 2025 M. Kharisma Prayuda https://creativecommons.org/licenses/by-nc-sa/4.0
Penentuan Wali Nikah Bagi Anak di Luar Pernikahan Perspektif Hukum Islam dan Hukum Positif
The determination of a marriage guardian is one of the requirements for a valid marriage in Islamic law, especially for women. In the case of children born out of wedlock, problems arise because there is no blood relationship with the biological father, so he cannot be the guardian. This study aims to analyse the urgency of determining the marriage guardian in Islamic marriage law, as well as to examine the appointment of a marriage guardian for children born out of wedlock according to the perspective of Islamic law and Indonesian positive law. The method used is library research, analysing fiqh literature, the Compilation of Islamic Law (KHI), and the Constitutional Court Decision No. 46/PUU-VIII/2010. The results of the study show that the majority of scholars state that the biological father is not valid as a guardian, so the authority of the guardian is transferred to the judicial guardian. In practice, this is accommodated by Indonesian positive law through the authority of the Head of the Religious Affairs Office (KUA). Although legal solutions are available, social challenges such as stigma and discrimination against children born out of wedlock remain obstacles. This research contributes to strengthening the legal basis for the appointment of a judicial guardian and promotes an approach that considers justice, child rights protection, and the principles of maqāṣid al-Syarī‘ah in the reform of Islamic family law.
Copyright (c) 2025 Herlinda, Ainur Rofiq, Nur Kamilia https://creativecommons.org/licenses/by-nc-sa/4.0
Konsep Hidup Sejahtera Menurut Quraisy Syihab (Perspektif Maqāṣid al-Syarī’ah)
This study aims to analyze the general criteria that are commonly used to measure the happiness and welfare of people's lives and evaluate the conformity of the criteria with the principles of Maqāṣid al-Syarī’ah. This research uses the literature method. Data collection is carried out by compiling primary data sources and secondary data, then discussing them and analyzing the data. The results of this study show that happiness does not have to be in the form of maximizing wealth and consumption, but rather in fulfilling material and spiritual aspects that are balanced and satisfying, and still complying with the principles of Maqāṣid al-Syarī’ah law, namely namely ḥifẓu al-dīn/guarding religion, ḥifẓu al-nafs/guarding the soul, ḥifẓu al-‘aql/guarding the intellect, ḥifẓu al-māl/guarding property, and ḥifẓu al-nasl/guarding descendants. Material needs include clothing, food, board, education, and property, as well as all goods and services that guarantee comfort and happiness. Spiritual needs include obedience to God, spirituality, a happy soul, family and social harmony, and others.
Prosperous Life, Maqashid al-Shari’ah, Quraish Shihab.
Copyright (c) 2025 Erna Dewi, Khairil Fata, Badriah M. Thaib https://creativecommons.org/licenses/by-nc-sa/4.0
Kedudukan Akta Ikrar Wakaf Perspektif Hukum Islam dan Hukum Positif di Indonesia
This study examines the status of waqf deeds from the perspective of Islamic law and Indonesian positive law, in response to the increasing number of cases of reacquisition of waqf land due to the absence of such deeds. The study aims to analyse and compare the status of waqf deeds from the perspective of Islamic law and positive law in Indonesia. This study is a literature review with a normative and comparative approach using qualitative descriptive analysis. The results of the study show that the status of waqf deeds in Islamic law is valid with the existence of ṣigat ṣarīḥ, both verbal and written, although deeds remain important as a means of ḥifẓ al-māl. Conversely, in Indonesian positive law, the deed of waqf declaration occupies a fundamental position as both a pillar and a requirement for the validity of waqf, as well as serving as authentic evidence that guarantees legal certainty. This comparison emphasises that Islamic law places greater emphasis on the substance of the waqf declaration, while Indonesian positive law emphasises the formal aspects through the deed. Thus, this study provides an understanding that the deed of wakaf declaration plays an important role in creating legal order and certainty in wakaf practices in Indonesia. This study contributes to the development of Islamic law and positive law in Indonesia by explaining the importance of the deed of wakaf declaration in preserving wakaf assets and promoting public welfare, providing insights for policymakers, legal practitioners, and the general public.
Copyright (c) 2025 Andi Dahmayanti Muchtar, Jujuri Perdamaian Dunia, Nabilah Al Azizah, Risdayani, Musfirah https://creativecommons.org/licenses/by-nc-sa/4.0
Harmoni Adat dan Syariat: Analisis Pembagian Warisan Adat Pepadun Lampung dalam Perspektif Khi
This research aims to harmonize the provisions of customary law and Sharia in the inheritance distribution system, so as to create balance and harmony in its application. Indonesia allows people to choose the division of inheritance through 3 perspectives, namely Islamic law, customary law and civil law. In the distribution of customary law, there are customary societies that use the Patrilineal-majorate principle in the inheritance distribution scheme, this occurs in the Pepadun Lampung customary society. The problem that occurs in the field is when faced with two different inheritance systems, namely customary law or Sharia law. Therefore, it is necessary to take steps to harmonize the customary law that lives in the community with Sharia law. The problem formulated in this research is to review the solution to harmonize the inheritance distribution practices of the Pepadun Lampung customary community using the perspective of the Compilation of Laws. This research uses empirical research with an anthropological approach. Using an anthropological approach allows this study to contribute in helping to identify factors that enable harmony between customary laws and Islamic law in the division of inheritance. Primary data sources come from interviews with traditional leaders, field observations and documentation. The conclusion of this research is that there are facts related to the principle of obeying parents which is the basis for the distribution of inheritance in the Pepadun customary society. This principle can be used as an effort to harmonize culture and Sharia (which is listed in the Compilation of Islamic Law).
Harmonization, Customary Law, Sharia Law.
Copyright (c) 2025 Zaidan Alfarizi, Zaenul Mahmudi https://creativecommons.org/licenses/by-nc-sa/4.0
Sanksi Pidana Tentang Pengelolaan Sampah di Kota Jambi: Perspektif Hukum Islam
This research aims to determine the implementation of Regional Regulation No. 5 of 2020 concerning waste management in the City of Jambi from an Islamic legal perspective. This research uses a qualitative method that employs an empirical juridical approach. The study was conducted at the Environmental Agency of the City of Jambi, the City Police Unit (Satpol PP) of Jambi, several temporary waste disposal sites (TPS), and the final waste disposal site in Talang Gulo. The data collection methods include observation, interviews, and documentation. The results of this research reveal that the implementation of local regulations on waste management in the city of Jambi has several supporting indicators. Firstly, it includes the enforcement of the implementation of local regulations. Secondly, the socialization regarding the formation and guidance on waste management. Thirdly, the enforcement of laws related to waste management. The implementation of Regional Regulation No. 5 of 2020 concerning waste management from the perspective of Islamic criminal law in environmental management is based on the teachings of the Qur'an, hadith, and the principles of maqashid shari'ah (the objectives of Shari'ah). The principles include tauhid (faith in Allah), khalifah (leadership on earth), lā ḍarar wa lā ḍirār (there must be no harm and no harming), hifẓ al-bī‘ah (environmental protection as part of maqāṣid al-Sharī‘ah), and ta’zir (administrative and criminal sanctions in Islam).
Local Regulations, Islamic Law, Waste Management, Jambi City
Copyright (c) 2025 Tessya Yunita Siregar, Fuad Rahman, Siti Marlina https://creativecommons.org/licenses/by-nc-sa/4.0
Pendekatan Restorative Justice terhadap Penyelesaian Penganiayaan Ringan di Polresta Jambi Perspektif Hukum Pidana Islam
Petty mistreatment is still a challenge in Indonesia's criminal system, especially because its resolution through litigation often does not provide a sense of justice for both victims and perpetrators. Restorative justice offers an alternative approach that emphasizes victim recovery, perpetrator responsibility, and social harmony. This study analyzes the application of restorative justice in cases of minor persecution in the Jambi Police and reviews it from the perspective of Islamic criminal law. The research uses empirical juridical methods and qualitative approaches. The results of the study found that the implementation of restorative justice still faces obstacles, such as low public understanding, lack of coordination between law enforcement, and suboptimal regulations. In Islamic criminal law, this approach is in line with the principles of diat and takzir which prioritize peaceful settlement and substantive justice. This research is expected to contribute to encouraging the strengthening of regulations, public education, and synergy between agencies for the effectiveness of the implementation of restorative justice in cases of minor persecution.
Restorative Justice, Light Assault, Islamic Criminal Law, Polresta Jambi, Diyat, Ta’zir
Copyright (c) 2025 Pauziah Pauziah, Bahrul Ma’ani, Siti Marlina https://creativecommons.org/licenses/by-nc-sa/4.0
Peran Majelis Adat Gayo dalam Perjanjian Pra Nikah Perampam Dene di Kabupaten Aceh Tengah
The purpose of this study is to explore the implementation mechanism of Perampam Dene within the Gayo community and to what extent the Gayo Customary Council plays a role in preserving customary values, strengthening social bonds, and resolving potential post-marital conflicts. This research uses a qualitative method with a descriptive approach, employing data collection techniques such as in-depth interviews, observation, and documentation. The informants consist of traditional leaders, members of the Gayo Customary Council, and family members involved in the practice of Perampam Dene. The findings reveal that the Gayo Customary Council acts as a mediator, facilitator, and moral guardian in the prenuptial agreement process. In addition to ensuring that the agreement proceeds fairly and aligns with customary norms, the Gayo Customary Council also plays a strategic role in maintaining social harmony. This role reflects the principles of maslahah mursalah in Islamic law, which refers to collective benefit that does not contradict Sharia. Therefore, the Gayo Customary Council serves as a key actor in harmonizing customary law with Islamic values in the marriage practices of the Gayo community.
Gayo Customary Assembly, Perampam dene, Agreement, Marriage
Copyright (c) 2025 Kharisma Agustina, Khoirul Hidayah, Ahmad Izzuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Perlindungan Hukum terhadap Penguasaan Harta Waris Anak Yatim oleh Wali
Nowadays, problems related to the law are increasingly complex, such as the problem of protecting the control of orphans' inheritance by guardians. Although both positive law and Islamic law explain the protection and management of orphans' property, the issue of surrender is still a focus that needs to be followed up. This is because there is no definite mechanism for the supervision of orphan assets. This research will further discuss the legal protection of the control of orphan's inheritance by the guardian. The following study aims to examine and analyse the legal norms governing the institution of child guardianship in the Compilation of Islamic Law (KHI), and the corresponding laws and regulations. In addition, the following study will also discuss the principles of Islamic law that form the basis for the obligations and limits of the guardian's authority in safeguarding and managing the property of orphans. This research method is library research through the type of normative legal research. The data collection technique applied is by collecting library materials related to legal protection on the control of orphans' property by guardians. The research findings prove that the legal protection of the orphan's inheritance by the guardian is quite clearly outlined in positive law and Islamic law. It's just that the protection and supervision efforts of each individual and related legal entity are less pronounced. So, it is necessary to establish a supervisory body to oversee the management of the inheritance of orphans by the guardian.
Copyright (c) 2025 Safira Rahmanda, Dyah Erie Shinta Putri, Anindya Diva Untari https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Pertimbangan Hakim di Pengadilan Agama Mungkid Terkait Tidak Diterimanya Izin Poligami yang Terpenuhinya Syarat Kumulatif (No.296/Pdt.G/2021/PA.Mkd)
This study aims to analyze the judge's considerations in the case of a polygamy permit application at the Mungkid Religious Court registered with Number 296/Pdt.G/2021/PA.Mkd, where the application was rejected even though the applicant had met the cumulative requirements as stipulated in Articles 4 and 5 of Law Number 1 of 1974 concerning Marriage. The approach used is normative juridical and sociological juridical, with data collection techniques in the form of studying court decision documents and interviews with related parties. The results of the study show that judges do not only consider the fulfillment of formal and material requirements, but also consider aspects of substantive justice, family welfare, and the potential for harm in the future. This decision reflects the judge's authority to interpret legal norms progressively for the protection of the rights of wives and children, as well as a form of judicial control over polygamy practices that have the potential to harm certain parties. Thus, this study contributes to a deeper understanding of the judge's discretion in deciding polygamy cases which is not only oriented towards fulfilling written norms, but also on the principles of justice and protection of the weaker party.
Copyright (c) 2025 Andra Nugraha, Ali Akbar
Suap (Risywah) untuk Mempertahankan Hak Milik dalam Perspektif Imam al-Nawawī
Bribery (risywah) is a widespread issue affecting various aspects of life, such as law, economics, and education, and it contradicts the norms of decency and the moral principles of Pancasila. In both Islamic law and Indonesian positive law, bribery is considered haram, although some scholars provide exceptions for preserving property rights. Generally, bribery is forbidden and must be avoided, as it can harm the rights of others and society. This study aims to examine Imam al-Nawawī's view on the legality of bribery to protect property rights. The research employs a descriptive qualitative method with a library research approach, focusing on the study of manuscripts and texts, using normative and conceptual approaches. The findings reveal two scholarly opinions: first, scholars have two views on bribery: it is either absolutely forbidden or forbidden with certain exceptions. Second, Imam al-Nawawī argues that bribery to protect property rights is permissible under emergency conditions, similar to paying ransom to free Muslim captives. The implications of this study contribute to contemporary Islamic legal discourse and serve as a reference for society in understanding the proportional boundaries of bribery law.
Copyright (c) 2025 Muhamad Saddam Nurdin, Hendra Wijaya, Ahmad Abdullah, Muttazimah Muttazimah
Kondisi Haid sebagai Penyebab Qada Salat Perspektif Imam Syafii dan Syekh al-‘Uṡaimīn
In Islam, menstruating women are not obligated to perform prayers (ṣalāh) and are not required to make them up. However, if menstrual blood appears unknowingly when the prayer time has arrived, scholars have differing opinions regarding the obligation of performing the prayer in such a condition. This study aims to examine the views of Imam Shafi'i and Sheikh al-‘Uthaymeen regarding menstruation conditions that necessitate a woman to make up her missed prayers, as well as to identify the similarities and differences in their opinions. The research employs a qualitative descriptive approach (non-statistical), focusing on textual and scriptural studies, using normative, historical, and comparative methods. The findings of this research indicate that a menstruating woman is required to make up her missed prayer if she attains purity at the end of the prayer time and has enough time to perform at least one rak‘ah before the time expires. In this case, she must perform the prayer after taking a ritual bath (ghusl). Additionally, if menstruation begins after the prayer time has entered, but she has not yet prayed, she must make it up after attaining purity. This opinion is held by both Imam Shafi'i and Sheikh al-‘Uthaymeen.Another condition discussed is when a woman attains purity during the time of ‘Asr prayer; according to Imam Shafi'i, she is required to combine it with the Dhuhr prayer. Likewise, if she becomes pure during the time of ‘Isha prayer, she must also perform the Maghrib prayer. However, Sheikh al-‘Uthaymeen disagrees with this view and holds that she is only required to perform ‘Asr or ‘Isha without having to combine it with the preceding prayer.Furthermore, if a woman has attained purity but intentionally delays taking the ritual bath until the prayer time expires, Imam Shafi'i mandates her to make up the missed prayer, whereas Sheikh al-‘Uthaymeen does not obligate her to do so. Instead, he advises her to repent frequently and engage in righteous deeds.
menstruation conditions, making up prayers, perspective, imam Shafi'i, sheikh al-‘Uṡaimīn
Copyright (c) 2025 Nuraeni Novira, Muttazimah Muttazimah, Mei Rahayu
Operasi Chondrolaryngoplasty dalam Perspektif Fikih Islam
This study aims to determine the nature of chondrolaryngoplasty surgery and to determine the perspective of Islamic jurisprudence on chondrolaryngoplasty surgery. The research method used is descriptive qualitative, namely library research and using normative, perspective, phenomenological and health approaches. This study found that: first, Chondrolaryngoplasty is a type of plastic surgery to change the shape of body organs with surgical methods and is a type of surgery performed on the larynx or throat to change the shape and size of the laryngeal cartilage, the effect of chondrolaryngoplasty surgery is to produce a more feminine or masculine angle on the neck. Second, the law of chondrolaryngoplasty surgery in Islamic jurisprudence is haram when this procedure is carried out only for aesthetic purposes, namely to beautify or beautify and change the creation of Allah Swt., but there are exceptions when this surgery is darurīyyāt then the law becomes mubah. However, cases like this are still rare. As for the implications of this study, it is expected that someone who will undergo a chondrolaryngoplasty surgery procedure must first know and study the law of this surgery, so as not to fall into sin, namely changing the creation of Allah Swt., and individuals who want to undergo chondrolaryngoplasty surgery must first consult a specialist doctor in this field, to minimize side effects after undergoing chondrolaryngoplasty surgery.
chondrolaryngoplasty, Islamic law, plastic surgery, jurisprudence, contemporary
Copyright (c) 2025 Rosmita Rosmita, Santi Sarni, Nur Anita
Analisis Pencapaian Tujuan Hukum terhadap Penerapan E-Court di Pengadilan Agama Belopa
This study aims to analyze the implementation, stakeholder perceptions, problems and solutions, as well as the urgency and achievement of legal objectives regarding the use of the e-court application at the Religious Court of Belopa. The research employs interview, observation, and documentation methods with a descriptive qualitative approach. The findings show that the e-court system has been implemented from the administrative stage to the trial process at the Religious Court of Belopa. However, there are still several issues in its implementation. First, the use of the application remains limited, particularly among non-advocate users, compared to legal professionals in case resolution. The main obstacles identified include the electronic payment (e-payment) method, frequent server maintenance of the e-court system, and the public’s limited knowledge. As a result, only active individuals and legal representatives are among the few who regularly utilize the e-court application in legal proceedings. Improving the effectiveness of the e-court system is an ongoing effort to provide the best service to the people of Luwu Regency in accessing justice. The study recommends the establishment of a Memorandum of Understanding (MoU) or cooperation agreement between the Religious Court of Belopa and local banks, upgrading the e-court server by the Supreme Court to a higher capacity to minimize maintenance interruptions, and organizing both direct and indirect training and socialization programs for the Luwu Regency community through collaboration between the Religious Court of Belopa and village government officials.
Copyright (c) 2025 Mohammad Farisan Auzan, Muammar Arafat Yusmad, Firman Muhammad Arif, Wildana Arsyad
Ketika Anak Melukai: Tinjauan Hukum Islam Tentang Tanggungjawab Pidana Anak dalam Kasus Kekerasan
This research aims to find out how the law is enforced against children who commit violent crimes from the perspective of Islamic law. The research method used in this research is normative research using library study techniques. The results of the research show that in Islamic law, minors who commit criminal acts cannot be sentenced to kisas because they have not yet reached the age of taklif. However, they can be subject to sanctions in the form of ta'zir as a form of warning and education. Criminal responsibility for children is considered incomplete because they do not yet have full legal capacity. Imposing sanctions takes into account aspects of age, psychological, mental, spiritual maturity and the overall welfare of the child.
Kedudukan Wali dalam Perkawinan dan Konsekuensi Hukumnya (Studi Kasus di Desa Hiang Tinggi Kerinci)
This research aims to reveal the reasons why nasab guardians do not become guardians in marriages as well as the reasons why mosque administrators become substitute guardians and the legal consequences of wrongly using guardians in marriages. This research method is qualitative with a case study approach. Primary data was obtained from traditional leaders, administrators, KUA officials, and nasab guardians. Data was collected through interviews and direct observation, then the collected data was analyzed using descriptive techniques. Based on the research results, the factors that cause religious guardians to be unwilling to become guardians are old age and health, worship, distance, lack of self-confidence, and the duties of mosque administrators. The reasons for the mosque administrator to become a substitute guardian; First, customary provisions and agreements. Second, there is a lack of socialization and cooperation between the village government, traditional leaders and the KUA regarding marriage law. The legal consequences of marriage include fasakh, namely a marriage that does not meet the requirements resulting in fasakh marriage, this is based on law no. 16 of 2019 amendments to law no. 1 of 1974 articles 22, 26 paragraphs 1, 27 paragraphs 1 and 2, and based on KHI article 71 letter e and the provisions of fiqh. The status of the nasab guardian who was replaced by the mosque administrator due to ungodly factors is that his marriage position is valid. However, if the guardian of the nasab had not expired and was replaced by the mosque administrator, the marriage was annulled so the marriage contract had to be repeated.
position, guardian, marriage, consequences, law
Copyright (c) 2025 Risna Ayu Lestari, Darlius Darlius
Analisis Penggunaan TikTok sebagai Media Marketing Perspektif Kaidah Fikih Dar’ul Mafāsid Muqaddamun `alā Jalbi al-Masāliḥ
This study aims to analyze the use of Tiktok as a marketing medium by using the perspective of the fiqh rule Dar'ul Mafāsid Muqaddamun `alā Jalbi al-Masāliḥ. This research includes qualitative research and literature study using a descriptive approach to the characteristics of the Tiktok application. The results of the research found that TikTok has mafsadah and maslahah that should be considered for use for a Muslim in general and business people in particular. On a macro scale, namely looking at the scope of pluralistic society and the realities of use in general, this rule can be applied in punishing the use of the Tiktok application in general and specifically as a marketing medium. The mafsadah arising from the use of Tiktok intersects a lot with the values of maqashid al-syari`ah, especially in terms of protecting the soul, religion and honor. So for the sake of long-term benefit it is necessary to apply this rule, namely preventing these mafsadah by reducing, regulating or eliminating the Tiktok application altogether. As for the micro-scale use of each individual, this rule cannot be applied because the mafsadah caused from a personal point of view and use is still not strong enough to be the reason for the urgency of prevention because some individuals have reasons for greater mafsadah if they close the use of Tiktok at once, such as the reason for fulfilling basic life needs that can harm them if not fulfilled. So this rule cannot be applied because one of the conditions for applying this rule is that the prevention of the first mafsadah does not cause greater mafsadah afterwards. The results of this study are expected to provide another point of view in terms of fiqh, as well as add broader insight into mafsadat and maslahat to business people who use the Tiktok application as a marketing medium.
tiktok, marketing, fiqh rule, dar'ul mafāsid muqaddamun ‘alā jalbil masāliḥ
Copyright (c) 2025 Qonitah Amatullah Zain https://creativecommons.org/licenses/by-nc-sa/4.0
Konsep Maisir dalam Pandangan Fukaha dan Relevansinya pada Asuransi Konvensional
This study aims to analyze the concept of maisir in Islam according to the views of the fuqaha and then relate it to conventional insurance and sharia insurance and the relevance of the concept of maisir in the context of conventional insurance in Indonesia, which is increasingly developing along with the needs of financial protection for the community. This research uses an analytical descriptive method which aims to analyze certain objects, conditions, or phenomena in natural or real conditions (without experiments) to compile a systematic overview and provide detailed, factual, and accurate descriptions. This type of research is a type of library research by reviewing the opinions of Ulama on the concept of maisir according to Fuqaha in the Fiqh literature and then reviewing its relevance to conventional insurance practices. The results of the study indicate that conventional insurance contains elements of maisir, because in practice there are aspects of speculation of chance so that it is possible for the perpetrators to be in two unclear states between profit or loss. This is because conventional insurance uses a tijari contract instead of a tabarru' contract. Therefore, this study recommends the development of a sharia-based insurance model based on the principle of ta'awun (mutual assistance) and fair risk sharing in order to provide an alternative that is in accordance with Islamic law.
maisir, conventional insurance, Sharia insurance
Copyright (c) 2025 Ahmad Yusdi Gozaly, Dheddy Abdi Tamba, Nurrohman Syarif
Penerapan Kafaah dalam Perkawinan Masyarakat Desa Sangiang Kecamatan Wera Kabupaten Bima (Studi terhadap Keharmonisan Rumah Tangga)
This research aims to identify and find out how the people of Sangiang Village, Wera District, Bima Regency understand the concept of kafaah in marriage and find out how the influence of kafaah in forming a sakinah family in this community. This research uses qualitative methods with an empirical research approach. The data collection methods used were observation, interviews and documentation. The results of this research show that: first, the practice of understanding the concept of kafaah in marriage looks at the criteria of tahora wati dou (behavior), londora ndoi ndaina (family relationships), sama douma ncoki sama dou ma ntau wara (wealth factor), and school (education). Second, the influence of kafaah in forming a sakinah family is influenced by several things, namely taho nuntu ra nggahina (good communication), cua loa ka ao (understanding or understanding each other), and wati disa na hanta rima ra edi (not committing violence against one's partner). The results of this research also show that the people of Sangiang Village, Wera District, Bima Regency who apply kafaah in marriage show that their households are harmonious, characterized by several factors explained above.
Copyright (c) 2025 Resnawati Resnawati, Lalu Muhammad Nurul Wathoni
Sertifikat ELSIMIL (Elektronik Siap Nikah dan Hamil) sebagai Syarat Pendaftaran Nikah Perspektif Saddu Żarī'ah
In order to prevent stunting from upstream to downstream, BKKBN has developed a strategy in the form of the Electronic Ready for Marriage and Pregnancy (ELSMIL) application as a health screening tool for prospective brides and grooms, which was inaugurated in June 2023. Prospective brides and grooms are encouraged to register for the Elsimil application 3 months in advance to take a series of tests and screenings. If the prospective bride and groom pass, they will receive an ELSIMIL certificate which then becomes an administrative requirement at KUA. This research aims to analyze in more depth whether this policy is in accordance with or contrary to the concept of saddu żarī'ah, considering that this is not a legal requirement for marriage in Islam. This research uses normative juridical methods by reviewing library materials and secondary data, and uses normative qualitative as an analysis technique. The results of this research show that the BKKBN strategy to reduce stunting through the Elsimil application is an implementation of the saddu żarī'ah concept. This is because the main purpose of the Elsimil application is as a preventive step in preventing risky pregnancies and a catin health monitoring tool to achieve ideal pregnancy conditions, which is in line with the saddu żarī'ah concept.
elsimil,requirement, marriage, saddu żarī’ah
Copyright (c) 2025 Firosyan Noor Firdausi, Muhammad Wahid Abdullah
Cessie, Subrogasi, dan Hawalah: Kajian Perbandingan Peralihan Hak dalam Hukum Perdata dan Hukum Islam
The development of collateral law in Indonesia continues to undergo transformation to adapt to the dynamics of the national economy. This study aims to compare three mechanisms for the transfer of collection rights, namely cession, subrogation, and hawalah, from the perspective of civil law and Islamic law and analyze their implications for banking practices and financial transactions. This study uses a qualitative method of normative approach with comparative analysis, through a study of the Civil Code, Islamic legal literature, and related banking regulations. The results of the study indicate that cession is regulated in Article 613 of the Civil Code as the transfer of collection rights through an authentic deed or a private deed with notification to the debtor; subrogation is regulated in Article 1400 of the Civil Code as the transfer of creditor rights to a third party who pays off the debt; Meanwhile, hawalah in Islamic law is a transfer of debt based on sharia principles and is recognized in Islamic banking practices. The similarities between the three lie in the function of transferring collection rights, but differ in the legal basis, formal requirements, and underlying principles. The main focus of this research is to systematically compare the three mechanisms, namely cession, subrogation, and hawalah, in a comprehensive comparative analysis and examine their implications for banking practices and national financial regulations. Thus, this research is expected to enrich the academic literature in the fields of civil law and Islamic law and provide practical contributions to regulators and banking practitioners in formulating adaptive policies in accordance with sharia principles.
cessie, subrogation, hawalah, civil law, Islamic law
Copyright (c) 2025 Siti Nur Asisah Asisah, Nuzulul Unsiyah, Ach. Iskandar Daul Kurnain, Nia Amelia, Ahmad Musadad https://creativecommons.org/licenses/by-nc-sa/4.0
Hak Asasi Manusia dalam Al-Qur’an (Fenomena Kekerasan Anak dan Konsep Perlindungannya dalam Al-Qur’an)
As creatures of Allah Swt. who are endowed with reason, humans are special creatures. His existence on earth with various roles and participation carried out as a form of implementation of the caliphate on this earth shows that humans are noble creatures. This research aims to describe the concept of human rights for children, both the concept of human rights in general and how the Qur'an reviews the issue of human rights, especially child protection in the Qur'an. The research method used is a qualitative approach with library research, reviewing books, journals and other references related to child protection in the perspective of the Qur'an. Child protection is a multitude attitude that must be given along with the increasing number of human rights violations committed both physically, sexually and psychologically in children.Keyword: Protection. Child, Violence, Human Rights, Qur'an. The number of 3,457 cases of child abuse shows that crimes against children are still not a major concern in the domestic sphere of the nuclear family, society and the state. Islam as a perfect religion, has clearly illustrated that the presence of children is a great gift that should be guarded and maintained properly. The protection of children can be found in several verses that establish the rights of children, such as the right to life (QS. Al-An'am: 151), the right to earn a living (QS. Al-Baqarah: 233), the right to be protected and get education (QS. Attahrim: 6).
Keywords: Protection, Children. Violence, Human Rights, al-Qur'an.
Copyright (c) 2024 Fauziah Ramdani, Achmad Abubakar , Aisyah Arsyad
Analisis Fatwa Dewan Syariah Wahdah Islamiyah No. D.027/QR/DSR-WI/VII/1435 Tentang Kegiatan Dakwah Muslimah di Malam Hari
Da'wah is a duty for every Muslim, including women, as a reflection of gender equality in Islam. However, Muslim women must adhere to the principles of Sharia. Fatwa DSR-WI No. D.027/QR/DSR-WI/VII/1435 establishes guidelines and limitations to be observed when engaging in da'wah, especially at night, to uphold the dignity, modesty, and welfare of Muslim women in both this world and the Hereafter. This study analyzes the fatwa and methods of ijtihad related to nighttime da'wah activities for Muslim women. The issues examined include the analysis of the fatwa and the ijtihad methodology of the Wahdah Islamiyah Sharia Council regarding women’s da'wah at night. Using a descriptive qualitative approach based on literature studies and normative and social methods, this study found that the Sharia Council’s fatwa on women’s nighttime da'wah is grounded in public welfare, referencing the Qur'an, hadith, fiqh principles, and maqāṣid al-sharī'ah, emphasizing the importance of safety, morality, and the prevention of harm. The Sharia Council applies a systematic ijtihad methodology to ensure relevance and practical application in daily religious life. This study contributes to a deeper understanding of ijtihad methodology, fiqh principles, and maqāṣid al-sharī'ah, while providing practical guidance for female da'wah activists in developing policies and effective da'wah programs.
fatwa, Wahdah Islamiyah, da'wah, muslim women, ijtihad
Copyright (c) 2024 Muttazimah Muttazimah, Iskandar Iskandar, Riska Amalia Putri
Analisis Hukum Islam terhadap Pembagian Harta sebelum Wafatnya Pewaris: Studi Kasus di Kecamatan Manggala
The division of property before the death of the heir in the Manggala sub-district of Makassar city from the perspective of Islamic Law is the subject matter and discussion in this study. Qualitative research is the type of research used in this research with theological-normative syar'i and sociological approaches. And to be able to describe and analyze the problems that occur and produce a conclusion, data collection methods are carried out through observation, interviews and documentation. The results showed that some people in the Manggala sub-district of Makassar city divided their property to the heirs before death, with the assumption that if the property was divided after death it could cause disputes or disputes among the heirs because of unfairness in dividing the inheritance. Although the distribution of property is divided before death, they still term it as inheritance, this is clearly contrary to what is understood in Islamic law, because one of the conditions for inheritance is the death of the heir, while this condition is not fulfilled. The implication of this research is the importance of the community to know the knowledge of inheritance and explain it to the family so as to reduce the impact of disputes in the distribution of inheritance.
Copyright (c) 2024 Nita Zikriani, Abd. Qadir Gassing HT, Abd. Rauf Muhammad Amin
Disharmoni Keluarga Akibat Judi Online di Kabupaten Sidoarjo Perspektif Teori Sistem Keluarga Al-Qur’an
This research aims to reveal the forms of family disharmony that occur due to online gambling in Sidoarjo district, and to formulate strategic steps to resolve disharmony problems in order to achieve the goals of Islamic family law. Research analysis uses Zainab al-'Alwani's Al-Quran Family Systems Theory which is based on the basic concept of maqāṣid al-Qur'ān values ​​in the field of Islamic family law, with the characteristics of universalistic (Kulliyyah), contextual thinking. (wāqi'iyah) and tendential (ta'ṣīliyah). This theory defines the family as not limited to the nuclear family consisting of father, mother and children, as per the western perspective, but also to marital relations, family and kinship relations. This field research method uses a qualitative approach with analytical descriptive data. Research results: (1) Family disharmony due to online gambling in Sidoarjo district occurs in three categories, namely the mild category in the form of husband and wife conflict, the moderate category in the form of husband and wife conflict involving relatives, and the serious category with a divorce suit before the religious court; (2) The strategy for overcoming family disharmony is to implement the universal values ​​of maqāṣid al-Qur'ān in the field of family law in family life. For the mild category of disharmony by implementing the value of monotheism (maqṣud al-Tawḥīd) through strengthening the spirituality of husband and wife, and by implementing the value of couplehood (maqṣud al-Zawjiyyah) through strengthening marital commitment and gender partnership. For disharmony in the moderate category, implementation of the value of maintenance (maqṣud al-Wilāyah) through care and harmony between relatives. Meanwhile, for the serious category, the implementation of leadership values ​​(maqṣudal-Istikhlāf) through the judge's discretion by prioritizing mediation as a solution for resolving divorce cases
disharmony, family, online gambling, values, Al-Qur’an
Copyright (c) 2024 Ratna Suraiya, Sitti Atiyatul Mahfudoh, Nashrun Jauhari, Mohamad Salik
Pengembangan Putusan Hakim terhadap Dispensasi Pernikahan di Pengadilan Agama Belopa (Tinjauan Maqāṣid Syarī’ah)
This study aims to analyze the factors influencing judicial decisions, evaluate the alignment of these decisions with the principles of Maqashid Sharia, and formulate recommendations for more comprehensive decision-making. This research employs a qualitative method with a normative-juridical and empirical approach. Data was collected through a study of court decisions, in-depth interviews with judges at the Belopa Religious Court, and observation of court proceedings. Data analysis was conducted using Maqashid Sharia theory, specifically its five main principles: protection of religion, life, intellect, lineage, and property. The study results reveal variation in judges' considerations for granting marriage dispensations. Factors such as premarital pregnancy, concerns about possible adultery, and social pressures often underlie the granting of dispensations. The Maqashid Sharia analysis indicates that some decisions tend to prioritize the protection of lineage and religion, but lack consideration for the protection of intellect and life, particularly regarding the mental and physical readiness of young couples.
Marriage Dispensation, Belopa Religious Court, Maqashid Sharia, Judicial Decision, Early Marriage
Copyright (c) 2024 Darmawati Darmawati, Wildana Arsyad