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
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
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
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
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
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
The Role of Bahtsul Masail in the Development of Contemporary Islamic Jurisprudence in Indonesia
This article explores the evolving role of Bahtsul Masail, an Islamic legal forum under Nahdlatul Ulama (NU), in shaping contemporary Islamic jurisprudence in Indonesia. Bahtsul Masail has historically functioned as a platform for collective ijtihad, enabling scholars to address modern socio-religious issues using a structured legal reasoning method rooted in classical fiqh. The objective of this paper is to examine how Bahtsul Masail has transitioned from a textual and conservative framework toward a more dynamic, inclusive, and contextually responsive model of Islamic legal interpretation. Utilizing a qualitative-descriptive method, the research analyzes primary documents from NU congresses and scholarly literature. The findings reveal that Bahtsul Masail promotes a three-tiered methodological approach qauliy, ilhaqiy, and manhajiy allowing legal rulings to balance orthodoxy with socio-legal adaptability. This transformation not only strengthens the legitimacy of Islamic legal authority in Indonesia’s pluralistic society but also provides a model for legal innovation within traditional Islamic institutions.
Bahtsul Masail, Nahdlatul Ulama, Islamic law, ijtihad jama’i, legal pluralism
Copyright (c) 2025 Adi Susandi, Ending Solehudin, Syahrul Anwar, Dede Sudrajat 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
Tilang Elektronik (ETLE) sebagai Alat Pencegahan Tindak Pidana Pelanggaran Lalu Lintas Menurut Undang-Undang No 22 Tahun 2009 dan Maqāṣid al-Syarī’ah di Polres Tanjab Barat
The purpose of this study is to investigate the use of Electronic Ticketing as a Tool to Prevent Traffic Violations According to Law No. 22 of 2009 and Maqashid Al-Syariah in the West Tanjung Jabung Police area. The background of this study is the high number of violations and road accidents that are still a problem in the area. Electronic ticketing-based law enforcement (ETLE) is an innovation to increase the effectiveness of supervision, reduce corrupt practices, and increase public awareness of traffic law. The method used in this study uses an empirical study methodology that uses legal sociology and legislative methodology, with primary data obtained through observation, interviews, and documentation in the West Tanjung Jabung Police area using the West Mobile platform. The results of the study indicate that the implementation of electronic ticketing in the West Tanjung Jabung Police was carried out through the stages of ETLE design, officer training, community outreach, implementation trials, and full implementation. This implementation has a positive impact on increasing traffic law awareness and reducing the number of violations. However, several obstacles remain, namely; limited infrastructure, low technological literacy of the community, and resistance to change. Efforts to overcome these obstacles are carried out through collaboration with local governments, improving facilities, and implementing ongoing socialization. A review of the Maqashid Al-Syariah perspective, in the implementation of ETLE using the principles of protecting life (hifdz al-nafs), property (hifdz al-mal), reason (hifdz al-‘aql), religion (hifdz al-din), and descendants (hifdz al-nasl) has not been running optimally, ETLE functions as an instrument to maintain public safety and uphold justice equally, in accordance with the values ​​of Islamic law.
Electronic Ticketing, ETLE, Traffic, Law No. 22 of 2009, Maqashid Al-Syariah, West Tanjab Police
Umar Wira Febriansyah Umar Wira Febriansyah
Copyright (c) 2025 Umar Wira Febriansyah, Ruslan Abdul Gani, Rahmi Hidayati https://creativecommons.org/licenses/by-nc-sa/4.0
Pembaruan Hukum Keluarga Islam dalam Masa Berkabung Suami: Tinjauan Kompilasi Hukum Islam dan Konteks Sosial Budaya di Kabupaten Bone
This study aims to examine how the people of Bone Regency understand and implement the husband's mourning period as stipulated in the Compilation of Islamic Law (KHI) within their socio-cultural context, and to explore relevant Islamic legal reforms related to this practice. Employing qualitative methods with normative, juridical, and sociological approaches, data were collected through observation, interviews, and documentation. The findings reveal that most residents perceive the husband's mourning period in accordance with the KHI as compatible with local cultural values, particularly emphasizing siri’ (a sense of shame) and pesse (empathy). However, some community members remain unaware of these legal provisions. The implementation aligns well with Bone’s customs and traditions but is gradually evolving due to modernization and technological influences. Furthermore, the theory of ‘urf (customary law) effectively bridges Islamic family law and local culture, demonstrating that Islamic law is dynamic and capable of constructive dialogue with socio-cultural realities. This study highlights the importance of cultural context in interpreting and applying Islamic legal provisions, particularly regarding family law and mourning practices.
Mourning, Husband, Islamic Legal Complications (KHI)
Copyright (c) 2025 Faizal, Rusdaya Basri, Zainal Said 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