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
Analisis Maqāṣid Al-Syarī‘Ah terhadap Minuman Fermentasi Minas di Kecamatan Sinjai Utara
This article examines the legal status of Minas, a fermented beverage made from cassava tape in North Sinjai District, through the framework of maqāṣid al-sharī‘ah and the criterion of ḥalālan ṭayyiban. It addresses a gap in the scholarship, which is divided between laboratory reports that measure ethanol content without drawing legal consequences and normative fiqh studies of khamr detached from actual production practices. The study employs qualitative field research and combines maqāṣid-based, theological-normative, juridical-shar‘ī, and sociological approaches. Data from observation and semi-structured interviews with ten informants — producers, religious figures, and consumers — are triangulated with two published laboratory studies, classical fiqh literature, and Fatwa Number 10 of 2018 of the Indonesian Ulema Council. The findings reveal a marked divergence in the laboratory evidence: one study reports ethanol content below the 0.5 per cent threshold, whereas a more recent study at an accredited public health laboratory reports averages of 1.5 to 1.9 per cent, threefold the fatwa threshold. The article argues that the legal status of Minas attaches not to the product’s name but to its condition when consumed, and proposes a three-tier ruling: permissibility for production controlled and verified below the threshold, suspicion (syubhat) for products whose ethanol content is unknown or that display continued fermentation, and prohibition for products reaching or exceeding the threshold or proven to be intoxicating. The study contributes by demonstrating that maqāṣid al-sharī‘ah can function as an operational instrument for assessing legal objects whose properties change over time, not merely as normative discourse.
Copyright (c) 2026 Amirullah, Abd Rauf Muhammad Amin, Abdul Wahid Haddade https://creativecommons.org/licenses/by-nc-sa/4.0
Zakat Madu dalam Istinbāṭ Yūsuf al-Qarḍāwī dan Relevansinya terhadap Ekonomi Kontemporer
Classical fiqh confined the objects of zakat to a limited list of commodities, leaving honey in a contested position despite its transformation into a high-value modern commodity. This article examines the construction of legal reasoning (istinbāṭ) employed by Yusuf al-Qarḍāwī in obligating zakat on honey and assesses its relevance to the contemporary economy. Using a qualitative library research design with a figure study approach, the analysis applies content analysis and a methodological uṣūl al-fiqh reading of Fiqh al-Zakāh as the primary source. The study finds that al-Qarḍāwī’s reasoning is not a simple analogy but a layered ijtihād in which qiyās and maqāṣid al-sharī‘ah operate dialectically: maqāṣid guides the identification of the operative cause (al-namā’), while qiyās restrains maqāṣid from becoming unbounded utilitarian reasoning. This structure yields technical consequences, namely a value-based niṣāb, rates of ten and five per cent following agricultural zakat, and the irrelevance of ḥawl for harvest-based wealth. The article argues that the significance of this method lies less in its ruling on honey than in its transferability, offering a controlled framework for extending zakat objects to newly emerging productive assets and for strengthening the governance of national zakat institutions.
Copyright (c) 2026 Randy Randy, Hamzah Khaeriyah, Zaenal Abidin https://creativecommons.org/licenses/by-nc-sa/4.0
حفظ النفس و تطبيقاته في القضايا الطبية الحيوية المعاصرة (البيوإتيقا)
This study aims to explain the concept of ḥifẓ al-nafs (preservation of life) within Islamic maqāṣid thought and to analyze its applications to several contemporary biomedical issues, particularly brain death, genetic engineering, and organ transplantation, by examining the extent to which the objectives of Islamic law (maqāṣid al-sharīʿah) can provide an ethical framework for addressing developments in modern medicine. The study employs a comparative analytical method through an examination of foundational texts in uṣūl al-fiqh and Islamic jurisprudence concerning the objective of ḥifẓ al-nafs, an analysis of contemporary resolutions issued by Islamic jurisprudential councils, and a comparison of these perspectives with the principles of modern biomedical ethics. The findings demonstrate that ḥifẓ al-nafs constitutes an important methodological framework for evaluating contemporary biomedical issues. The Islamic perspective does not reject medical and technological advancement; rather, it seeks to promote human welfare, prevent harm, and preserve human dignity. The study further reveals that issues such as brain death, genetic engineering, and organ transplantation require careful consideration and a balanced assessment between medical interests and Islamic legal principles. The study recommends strengthening interdisciplinary research between Islamic jurisprudence and biomedical ethics, as well as developing more comprehensive maqāṣid-based models for addressing emerging medical developments and contemporary biomedical challenges.
Copyright (c) 2026 Muhammad Harsya Bachtiar, Anita Badaruddin, Kokohi Iman Ilmu Amal, Andi Mirnawati https://creativecommons.org/licenses/by-nc-sa/4.0
Tren Flat Piercing bagi Wanita: Tinjauan Kaidah Dar’u Al-Mafāsid AwlᾹ Min Jalbi Al-Maṣāli
This study analyzes the Islamic legal construction of the flat piercing trend among women through the fiqh maxim dar’u al-mafāsid awlā min jalbi al-maṣāliḥ (preventing harm takes precedence over attaining benefit). Previous studies have generally focused on traditional ear piercing within classical fiqh, leaving a gap in the study of contemporary body modification trends such as flat piercing, which involve specific medical risks and social contexts. To address this gap, this study integrates normative legal and socio-legal approaches to examine the relationship between modern aesthetic trends and Islamic legal reasoning. Using a qualitative method, the study focuses on two main issues: the legal status of flat piercing for women and the recontextualization of the fiqh maxim dar’u al-mafāsid awlā min jalbi al-maṣāliḥ in determining its legal status. The findings show that, first, flat piercing is essentially permissible (mubah) as a form of adornment, provided that it does not conflict with sharī‘ah principles. Its permissibility may change if it causes significant harm, involves tasyabbuh that meets sharī‘ah criteria, or violates other Islamic legal provisions. Second, the maxim is applied by comparing aesthetic benefits with potential harms. When mafsadah is proven to be greater than maṣlaḥah, preventing harm takes precedence. Conversely, when risks are insignificant and no qualifying tasyabbuh or other sharī‘ah violation is present, flat piercing remains permissible. This study contributes to contemporary fiqh by providing a contextual framework for assessing modern body modification trends.
Dar’u al-Mafāsid awlā min jalbi al-maṣāliḥ
Copyright (c) 2026 Andi Indra Puteri, Nur Fia, Suhaila https://creativecommons.org/licenses/by-nc-sa/4.0
تداعيات تجربة غياب دور الأب على صلابة الأسرة في منظور أحكام وفقه الأسرة الإسلامية: دراسة تحليلية في قرية باتو لايار، لومبوك الغربية
The increasing prevalence of the fatherless phenomenon, driven by high divorce rates, has the potential to affect family dynamics, particularly after individuals enter marriage. This study aims to analyse the implications of fatherless experiences on emotional development, marital readiness, and family resilience from the perspective of Islamic family law. This research employs a qualitative approach through in-depth interviews with five married informants residing in Batu Layar Village, West Lombok, supported by a literature review. The findings indicate that fatherless experiences affect emotional regulation, communication patterns, and conflict resolution abilities. However, these impacts are not deterministic, as individuals are able to adapt through spousal support, self-awareness, and the internalization of religious values. Within the framework of Islamic family law, this process is related to the internalization of qiwāmah, the fulfilment of spousal rights and obligations, and the strengthening of family resilience from the perspective of maqāṣid al-syarī‘ah. Therefore, fatherless experiences are not only risk factors, but can also be transformed into a source of learning in building adaptive, stable, and harmonious families. This study contributes to the discourse on Islamic family law by emphasizing that family resilience is dynamic and shaped through individuals’ adaptive processes, and enriched by religious guidance, social support, and conscious efforts to reinterpret personal experiences in constructive ways.
Copyright (c) 2026 Najiba Nurman, Irsan Irsan, Kamila Rahmi Insani https://creativecommons.org/licenses/by-nc-sa/4.0
Tinjauan Fikih Munakahat terhadap Keabsahan Pelimpahan Kuasa Perwalian (Wakālah al-Wilāyah) Kepada Wali Hakim: Studi di KUA Kecamatan Malua
This study aims to analyse the legal framework governing the delegation of guardianship authority (wakālah al-wilāyah) to the judicial guardian at the Office of Religious Affairs (KUA) in Malua Sub-district, Enrekang Regency, from the perspective of fiqh al-munakahat. This is a field study employing a qualitative approach that combines normative and empirical methods. Data collection was carried out through observation, interviews, documentation and triangulation, and was subsequently analysed through the stages of data reduction, data presentation and drawing of conclusions. The results of the study indicate that in some marriage cases, the blood-related guardian is still alive and meets the requirements to act as a guardian; however, their guardianship authority is delegated to a judicial guardian through the wakālah mechanism in accordance with applicable procedures. The use of a judicial guardian is, in principle, justified from the perspective of fiqh al-munakahat (marriage law) where there is a valid religious excuse (uzur syar’ī). The practice of delegating guardianship authority (wakālah al-wilāyah) by the marriage guardian to a judicial guardian without a valid religious excuse, as carried out at the Malua Sub-district KUA, does not constitute an absolute transfer of guardianship rights; therefore, the marriage contract remains valid. This study emphasises the importance of public education regarding the law of guardianship in Islamic marriage, as well as the need for the KUA to exercise due diligence when processing the appointment of a judicial guardian.
Copyright (c) 2026 Andi Dahmayanti, Musriwan Musriwan, Risdayani Risdayani, Rodiah Rodiah, Lisna Arsita https://creativecommons.org/licenses/by-nc-sa/4.0
Perlindungan Hukum terhadap Hak Anak dari Perkawinan Siri Perspektif Hukum Islam dan Hukum Positif Indonesia
The discrepancy between the protection of children’s rights in unregistered marriages and legal norms in Indonesia has resulted in limited recognition and protection for children born of such marriages. This study analyzes the legal protection of children’s rights in unregistered marriages from the perspectives of Islamic law and Indonesian positive law and evaluates the harmonization of legal norms to ensure justice and optimal protection. This normative legal study employs statutory, conceptual, and comparative approaches, focusing on regulations concerning unregistered marriages and child protection. Data were obtained through literature reviews and document analysis of legislation and relevant literature and analyzed using qualitative descriptive analysis and normative comparison. Research findings indicate that the protection and fulfillment of rights of children born of unregistered marriages are recognized in Islamic and positive law; however, differences in normative and administrative frameworks continue to obstruct their civil status. Islamic law guarantees children’s rights through lineage, child support, inheritance, and custody, while positive law provides protection through marriage regulations, child protection laws, Constitutional Court rulings, and civil registration. Ministry of Home Affairs Regulation No. 108 of 2019 strengthens children’s identity registration but does not fully guarantee the proportional fulfillment of all civil rights. This study contributes to family law and child protection by providing a basis for legal reform toward fair, inclusive, and sustainable protection for children born of unregistered marriages in Indonesia.
Rights of Children of Unregistered Marriages
Copyright (c) 2026 M. Fahmi Habibi, Mujito Mujito https://creativecommons.org/licenses/by-nc-sa/4.0
Keabsahan Taharah atas Pasien Kateterisasi Urin dalam Perspektif Fikih Ibadah
This study examines the validity of taharah (ritual purification) for urinary catheterization patients from the perspective of fiqh al-'ibadah (jurisprudence of worship), addressing two issues: first, the condition of catheterized patients and their medical management; second, the mechanism of taharah for such patients and its legal implementation in fiqh al-'ibadah. Employing library research with normative and medical approaches, data were analyzed deductively. The results show that urinary catheterization is a nursing procedure involving insertion of a catheter into the bladder through the urethra to assist elimination and obtain examination specimens, particularly for patients unable to control urination, experiencing obstruction, or in an unstable hemodynamic condition; catheters are distinguished as temporary or indwelling. The taharah mechanism likewise differs by catheter type. Users of temporary (straight) catheters perform taharah as healthy people with hadas (ritual impurity) do, repeating it once the continuous impurity has ended. Users of indwelling (Foley) catheters, however, are classified as ma'dhur (persons with a chronic excuse) and thus receive a rukhsah (dispensation): performing wudu with the intention of istibahah (permissibility) at the start of each obligatory prayer time, with taharah remaining valid unless another nullifier of wudu occurs. This study has academic implications in enriching Islamic scholarship on taharah for urinary catheter users and serving as a reference for similar research, as well as practical implications as a guide for patients, medical personnel, and religious leaders in addressing and resolving issues of purification and prayer among urinary catheter users.
Copyright (c) 2026 Imran Muhammad Yunus, Sri Reski Wahyuni Nur, Iskandar Iskandar, Riska Nuzuliah https://creativecommons.org/licenses/by-nc-sa/4.0
Efektivitas Implementasi Perma dan Sema Tentang Perceraian dan Nafkah Anak di Pengadilan Agama Cibinong Kelas IA
This study aims to analyze the implementation of Supreme Court Regulations (PERMA) and Supreme Court Circular Letters (SEMA) in divorce and child support cases at the Cibinong Religious Court Class IA, particularly concerning the protection of women’s and children’s rights after divorce. This research employed an empirical legal method with a juridical-sociological approach. Data were obtained through document analysis of divorce decisions from 2008–2025, literature studies, and interviews with judges of the Cibinong Religious Court Class IA. The data were analyzed qualitatively using Soerjono Soekanto’s theory of legal effectiveness and Lawrence M. Friedman’s legal system theory. The findings indicate that the issuance of PERMA and SEMA has transformed the practice of religious courts from a formalistic approach toward substantive justice. Judges have increasingly exercised ex officio authority to determine iddah maintenance, mut’ah, madliyah maintenance, and child support even when such claims were not explicitly requested in the lawsuit. The study also finds that the implementation of mediation, the standardization of child support, and the withholding of divorce certificates function as mechanisms to protect women’s and children’s rights after divorce. However, the effectiveness of these regulations still faces obstacles, including formalistic legal culture, low legal awareness, limited gender sensitivity, and weak enforcement and execution of post-divorce maintenance decisions.
Copyright (c) 2026 Mutia Diliana Afkariah, Ikhwan Hamdani, Ade Irma Imamah https://creativecommons.org/licenses/by-nc-sa/4.0
Tes DNA sebagai Alat Bukti Penyangkalan Hubungan Biologis: Studi Putusan Nomor 5571/Pdt.G/2022/PA.JT
This study aims to analyze the use of DNA testing as evidence in the denial of a child’s biological relationship in the East Jakarta Religious Court Decision Number 5571/Pdt.G/2022/PA.JT. The main issue in this study is how the judges discovered and considered the law regarding DNA testing when the claim concerning the child’s biological status was declared inadmissible due to the limited authority contained in the applicant’s special power of attorney, as well as the extent to which the decision reflects the values of justice, utility, and legal certainty. This study employs normative legal research with a statutory, case, and conceptual approach and is descriptive-analytical in nature. The results indicate that regarding divorce, the judges applied legal discovery by connecting the facts established at trial with the provisions of the Marriage Law and the Compilation of Islamic Law. However, regarding the child’s status, the judges did not conduct a substantive examination of the DNA test because the legal representative’s special power of attorney was limited to filing a divorce petition and did not include claims concerning DNA testing and denial of the child’s status. Consequently, those claims were declared inadmissible (niet ontvankelijk verklaard). From the perspective of Sudikno Mertokusumo’s theory of legal discovery, the judges’ position cannot simply be regarded as formalistic because the examination of the merits requires the fulfillment of procedural requirements. Meanwhile, based on Gustav Radbruch’s theory of legal ideals, legal certainty in this case functions as a prerequisite for achieving substantive justice. DNA testing nevertheless remains relevant as scientific evidence if submitted through a procedurally valid claim while taking into account the best interests of the child.
Copyright (c) 2026 Zahri Sofyan Aljibra https://creativecommons.org/licenses/by-nc-sa/4.0
Keabsahan Salat Imam yang Duduk dan Sifat Salat Makmumnya: Studi Komparatif Empat Mazhab
This study aims to identify the views of the four schools of Islamic law concerning the legal evidence and methods of legal deduction (istinbāṭ) regarding the validity of congregational prayer led by a seated imam and the appropriate posture of the followers. This study employs library research using normative and comparative approaches. Data were drawn from books, classical Islamic jurisprudential works, and other relevant sources. The findings reveal differences of opinion among the four schools. The Hanbali school adopts a middle-ground position: congregational prayer is valid when led by a regular imam who sits due to a valid excuse and is expected to recover, in which case the followers must adopt the imam’s posture. However, if the imam begins the prayer standing and later sits due to an excuse, the followers should remain standing. This position is derived by reconciling several hadiths and āṡār. The Hanafi and al-Shāfi‘ī schools maintain that congregational prayer led by a seated imam remains valid, but the followers must remain standing, whether the imam sits from the beginning or during the prayer. This view is based on the hadith narrated by ‘Ā’ishah (ra.), which is understood to have abrogated the earlier hadith. In contrast, the Māliki school considers such a prayer invalid and requires the imam with a valid excuse to be replaced, based on reports attributed to Jābir al-Ju‘fī and ‘Abd al-Raḥmān ibn Abī Rabī‘ah. In contemporary practice, the use of a chair or wheelchair does not alter the underlying ruling, as the determining criterion is the imam’s ability to perform the essential pillars of the prayer. To avoid disputes, an imam with a permanent disability is advised to appoint a substitute who is able to stand. This study is expected to serve as a reference for the Muslim community, particularly mosque administrators, in developing guidelines for situations in which an imam unexpectedly sits during the prayer.
Copyright (c) 2026 Muttazimah Muttazimah, Munira Munira, Aisyah Abdurrahman, Muhamad Saddam Nurdin https://creativecommons.org/licenses/by-nc-sa/4.0
Dinamika Keputusan Keluarga dalam Mengikuti Program Kb pada Keluarga Berpendapatan Umr: Studi Kualitatif dalam Perspektif Hukum Islam
Indonesia’s relatively high population growth has led to various social and economic challenges, particularly in relation to family welfare. The Family Planning (KB) program serves as a strategic effort to control population growth while improving the quality of family life. This study aims to analyze the dynamics of decision-making among families with income equivalent to the Regional Minimum Wage (UMR) in participating in the Family Planning program from the perspective of Islamic law. The research employs a qualitative method with a case study approach conducted in Candi District, Sidoarjo Regency, involving married couples who are KB participants and whose income corresponds to the UMR. Data were collected through in-depth interviews and analyzed using thematic analysis. The findings indicate that family income conditions constitute an important consideration in the decision-making process regarding the use of family planning, particularly in planning the number and spacing of children to maintain economic balance and quality parenting. In addition to economic considerations, support from husbands and the surrounding social environment also shapes these decisions. From the perspective of Islamic law, family planning based on financial considerations is permissible as long as it is not permanent, does not cause harm, and is agreed upon by both spouses, as it aligns with the objectives of maqāṣid al-sharī‘ah in preserving life, lineage, and wealth.
Regional Minimum Wage, Family Planning, Family Decision Making, Islamic Law
Copyright (c) 2026 Alifa Naura Salsabilla, Ruston Kumaini https://creativecommons.org/licenses/by-nc-sa/4.0
Solusi Syar’i Terhadap Hubungan Mahram pada Keluarga Adopsi
The question of mahram status in adoptive families constitutes a substantive normative challenge within Islamic family law, particularly when adoption is not supported by a Sharī‘ah-recognized mechanism capable of creating legally valid kinship ties. Although adoptive relationships frequently cultivate deep emotional attachment and social cohesion, such bonds do not, in themselves, establish mahram status. This distinction necessitates careful legal examination. This research therefore analyzes the doctrinal framework regulating mahram relations in adoptive contexts and formulates sharī‘ah-based responses suited to contemporary muslim societies. Using a normative legal research model, the study combines conceptual, comparative, and ushul fiqh approaches. Its primary sources consist of the Qur’an, hadith, classical fiqh literature, and recent scholarly publications. The analysis employs content analysis, comparative assessment of juristic opinions, and reasoning grounded in maqāṣid al-syarī‘ah. The findings affirm that mahram status arises solely through nasab, muṣāharah, or raḍā‘ah that fulfills established legal requirements. Moreover, juristic disagreement concerning the age limit of raḍā‘ah significantly shapes modern legal interpretations of adoption. Accordingly, the study advances a tiered sharī‘ah based framework prioritizing early childhood raḍā‘ah and contextual ijtihād grounded in maṣlaḥah and legal prudence.
Adoption; Islamic Law; Mahram; Raḍā‘ah; Ushul Fiqh
Copyright (c) 2026 Marbujang, Syahrial Dedi, Rifanto Bin Ridwan https://creativecommons.org/licenses/by-nc-sa/4.0
Childfree dalam Pernikahan di Era Modern Studi Komparatif Fikih Nikah dan Hukum Perdata di Indonesia
Childfree in marriage is a contemporary social phenomenon that raises normative debates in the family law system both in the perspective of Islamic law and Indonesian civil law, the decision not to have children is often understood as part of individual freedom and reproductive rights, in other contexts marriage as a legal institution has goals, social functions, and public dimensions that are not fully subject to the private will of the parties. This study aims to analyze and compare the legal status of childfree in marriage, through the formulation of problems regarding: what is the legal status of childfree decisions in marriage jurisprudence according to maqāṣīd al-Syarī’ah, how is the regulation of childfree agreements in family law and what are the meeting points and differences in principles between marriage jurisprudence and civil law related to childfree using normative theological and normative juridical approaches in comparative legal research, analyzed through deductive reasoning and legal syllogism based on maqāṣid shari’ah, prenuptial agreements, and human rights restrictions. The results of this study indicate that, from an Islamic legal perspective, temporary childfree is tolerated as long as it does not negate the right to freedom, while permanent childfree contradicts the purpose of marriage. In Indonesian civil law, prenuptial agreements are not absolute, as they are limited by public order, morality, and the institutional purpose of marriage. The point of agreement between the two lies in the recognition that freedom in marriage is not absolute, but rather limited by social values ​​and institutional goals. The difference is that marital fiqh places offspring as a normative goal that is darūrī, while civil law emphasizes the autonomy of the parties, which is limited by positive law. Thus, reproductive rights in marriage are relational and have normative limits. This research is expected to provide a conceptual contribution in the development of maqāṣid al-Syarī'ah that remains oriented towards the darūrī objectives of sharia. This research is expected to strengthen the integration of Islamic, civil, and human rights law analysis in contemporary marital law studies.
Childfree, Marriage, Islamic Law, Civil Law, maqāṣid al- Syarī'ah.
Copyright (c) 2026 Muhammad Ilham, Muhammad Saleh Ridwan, Andi Abdul Hamzah https://creativecommons.org/licenses/by-nc-sa/4.0
The Transformation of Deleh Mendeleh: An ‘Urf-Based Analysis of Reciprocity in Sukowati Village
This study aims to examine the transformation of the deleh mendeleh tradition within marriage practices in Sukowati Village, Gresik Regency, through the lens of ‘urf in Islamic law. Traditionally regarded as a form of voluntary mutual assistance, empirical findings reveal that the practice has evolved into a socially binding system of reciprocity characterized by systematic record-keeping and expectations of repayment. This qualitative field research involved 10 informants selected through purposive sampling. Data were collected through in-depth interviews, observation, and documentation, and analyzed using thematic analysis. The findings indicate a dual perception within the community. While some participants continue to view deleh mendeleh as an expression of solidarity, others experience it as a social obligation accompanied by economic pressure. Empirical evidence shows that recorded contributions ranging from IDR 50,000 to IDR 500,000 generate repayment expectations that disproportionately burden lower-income households. From the perspective of ‘urf, the practice may be classified as ‘urf ṣaḥīḥ when based on voluntariness and oriented toward ta‘āwun and maṣlaḥah. However, when shaped by social pressure and economic burden, it shifts toward ‘urf fāsid, as it undermines the principles of justice and mutual consent (riḍā). This study contributes to uṣūl al-fiqh discourse by demonstrating that ‘urf is dynamically shaped by processes of social institutionalization, thereby requiring continuous reassessment to ensure its alignment with Islamic legal principles.
‘Urf, Reciprocity, Tradition, Deleh Mendeleh
Copyright (c) 2026 Novi Rahmadhani, Faishal Agil Al Munawar, Kasuwi Saiban https://creativecommons.org/licenses/by-nc-sa/4.0
Tradisi Pengulangan Khutbah Jum’at di Aceh: Dialektika Kehati-Hatian (Ihtiyat) dan Otoritas Dayah
This study examines the unique phenomenon of repeating Friday sermons (Khutbah) in Aceh, practiced as a precautionary measure (iḥtiyāṭ) to ensure ritual validity. While contemporary Islamic legal discourse tends to simplify worship practices, Acehnese society adopts a ritual thickening approach rooted in strict adherence to the Shafi'i school. This practice emerges as a response to theological anxiety regarding the potential invalidation of the muwalah (continuity) condition caused by operational pauses or technical interruptions during the sermon. This study aims to analyze the construction of Islamic law that legitimizes this practice and to uncover how religious authorities (Dayah) institutionalize it within the community. Employing a socio-legal approach within a qualitative framework, this study synthesizes the analysis of classical jurisprudential texts (turats) with phenomenological observations of congregants and preachers in Dayah-based regions. The findings confirm that sermon repetition is not an indication of incompetence or inefficiency, but rather a mitigative legal strategy grounded in the principles of Iḥtiyāṭ (precaution) and Sadd al-Dharīʿah (blocking the means to harm). Dayah scholars play a central role in constructing the narrative that this repetition serves as a theological safeguard to protect the validity of worship from doubt (syak). This study concludes that this phenomenon represents a Fiqh of Anxiety, where strict textual compliance functions as a psycho-religious mechanism to achieve inner peace.
Copyright (c) 2026 Asriadi, Irfan Fauzi https://creativecommons.org/licenses/by-nc-sa/4.0
Penegakan Hukum Tindak Pidana Penipuan Online Melalui Media Sosial di Polda Jabar Perspektif Hukum Pidana Islam
This study examines the law enforcement of online fraud crimes conducted through social media within West Java Regional Police i based on Indonesian positive law. The increasing number of online fraud cases indicates serious challenges in law enforcement in the digital era, despite the existence of statutory regulations that clearly prohibit and impose sanctions on such acts. This research aims to analyze the law enforcement mechanisms implemented by the police and to identify the obstacles encountered in handling online fraud cases in practice. The research employs an empirical juridical method with a qualitative approach, using interviews with officers of the Cyber Crime Directorate of the West Java Regional Police, observations, and a literature review of relevant legal provisions, particularly the Indonesian Criminal Code and the Law on Electronic Information and Transactions. The findings show that, normatively, existing legal provisions have clearly regulated the prohibition and criminal sanctions for online fraud. However, in practice, law enforcement still faces several challenges, including limited digital forensic facilities, difficulties in tracing perpetrators, and coordination barriers among relevant institutions. These conditions have resulted in law enforcement efforts that are not yet optimal. Therefore, strengthening the capacity of law enforcement officers, optimizing digital law enforcement infrastructure, and enhancing inter-agency coordination are necessary to achieve effective and equitable law enforcement.
Online Fraud, Law Enforcement, Jarimah Tazir
Copyright (c) 2026 Muhammad Eriyan, Muhamad Kholid, Didi Sumardi https://creativecommons.org/licenses/by-nc-sa/4.0
Rekonstruksi Hak Khiyār sebagai Standar Minimum Retur–Refund dalam Jual Beli Ritel di Indonesia: Harmonisasi Khes dan UU Perlindungan Konsumen
Retail transactions in Indonesia frequently apply “no return/no refund” policies through standard terms, creating tension between effective consumer remedies and contractual certainty. This article aims to reconstruct khiar rights under the Indonesian Compilation of Sharia Economic Law (KHES) as a minimum return–refund standard that is compatible with the Consumer Protection Law (UUPK). Using a doctrinal (normative) legal method, the study employs a statute approach to examine UUPK and KHES, a conceptual approach to operationalize khiar (Syarṭ, ru’yah, and ‘aib) as a remedial mechanism, and a harmonization/legal-policy approach to design an implementable standard. The results propose a minimum standard built on six parameters: scope, valid grounds (defect/’aib, mismatch/ru’yah, trial period/Syarṭ), tiered time windows, proportionate evidentiary requirements, remedy hierarchy (repair/replace/refund), and limited exceptions with alternative remedies. The discussion shows that blanket “no return/no refund” clauses are normatively problematic when they eliminate remedies for defect or mismatch, while structured limitations remain permissible to prevent moral hazard and ensure business certainty. The article recommends adopting a model clause and a minimum SOP (complaint–verification–decision–remedy–recording) as auditable compliance instruments for Indonesian retail.
consumer protection; khiar; KHES; return–refund policy; standard form contracts
Copyright (c) 2026 Ahmad Wahyudi, Bagas Heradhyaksa, Kholid Irfani, Pas Inggrid Pamesti, Wawaysadhya https://creativecommons.org/licenses/by-nc-sa/4.0
Eksploitasi Hutan sebagai Kejahatan Ekologis dalam Perspektif Hukum Islam
Forest exploitation is a serious issue that directly impacts environmental degradation, public safety, and the sustainability of natural resources. To date, forest exploitation has largely been understood as an administrative and policy-related issue in natural resource management, resulting in limited legal accountability. This article aims to analyze the legal status of forests within the perspective of Islamic law and to formulate a framework of criminal liability for forest exploitation that harms public interests. This study employs a normative juridical approach through library research, utilizing primary sources such as the Qur’an and Hadith, as well as secondary sources including literature on fiqh jināyah and legal maxims. The findings indicate that forests in Islamic law can be classified as part of public ownership (milkiyyah ‘āmmah), whose management constitutes a state trust for public welfare. Forest exploitation that causes environmental damage and social harm can be analyzed as an act involving elements of fasād fī al-arḍ and, through legal reasoning (istinbāṭ), can be classified as a ta‘zīr offense. The novelty of this study lies in the expansion of criminal liability, which not only applies to individuals and corporations as direct actors but also extends to the state in cases of administrative negligence and abuse of authority. Thus, Islamic criminal law provides an adaptive framework for addressing modern ecological crimes based on the protection of public welfare.
Forests; Exploitation; Ecocrime; Ta‘zīr; Sharia
Copyright (c) 2026 Jumarni Dalle, Inda Sari Palinrungi, Rahman https://creativecommons.org/licenses/by-nc-sa/4.0
Kewajiban Laki-Laki dalam Hak Nafkah Kerabat Perempuan (Studi Komparatif Mazhab Syafii dan Hambali)
This study examines the obligations of men in fulfilling the maintenance rights of female relatives from the perspectives of the Shafi‘i and Hambali schools, which aims to identify the female relatives who are entitled to receive maintenance and the priority order of men who are obliged to provide the maintenance to those female relatives. The research is motivated by contemporary social conditions in which many households rely economically on women, while Islamic law places that responsibility on men. Using a library research method with a comparative normative descriptive approach, this study analyzes classical fiqh texts representing both schools, supported by secondary sources from academic literature and relevant journals. The findings show that both the Shafi‘i and Hambali schools agree that ascendants (uṣūl) and descendants (furū‘) are entitled to financial maintenance. However, the Hambali school adopts a broader scope by including all heirs (ahl al-mīrāth). In determining priorities, the Shafi‘i school prioritizes the closeness of lineage, while the Hambali school uses the order of inheritance rights as the basis. This research is expected to contribute to a more systematic understanding of the responsibility for maintenance in Islamic law and serve as a reference for future research on Islamic family law.
Maintenance, Female Relatives, Shafi‘i, Hambali, Islamic Family Law.
Copyright (c) 2026 Andi Alif Anugrah Hamzah, Said Syaripudin, Nuraeni Abdullah, M. Akil https://creativecommons.org/licenses/by-nc-sa/4.0
Pendekatan Multidisipliner dalam Studi Perkawinan Dini
Early marriage refers to a marriage that takes place before the prospective bride or groom reaches the minimum age of 19, as stipulated in Law No. 16 of 2019. This study uses a multidisciplinary approach with a thematic-holistic framework to analyze the practice of early marriage in Indonesia. The research method used in this study is library research, which is qualitative in nature, analyzing academic literature, legal regulations, journal articles, and official documents. The multidisciplinary approach provides a comprehensive analytical framework for understanding the factors that cause early marriage and its various impacts, ranging from psychological readiness, social and economic conditions, reproductive health impacts, to gender role construction. The thematic-holistic study emphasizes the importance of the universal values of Islamic family law, such as justice, child protection, emotional and financial readiness, which form the basis for rejecting the practice of early marriage without adequate preparation. The results of the study show that early marriage has a negative impact on mental health, schooling, family stability, and social and economic welfare. A multidisciplinary and thematic-holistic approach provides a more comprehensive analytical framework for formulating appropriate intervention strategies and policies, in line with the principles of maqāṣid al-syarī‘ah and child protection.
Early Marriage, Multidisciplinary Approach, Thematic-Holistic
Copyright (c) 2026 Ramzy Faishal Ammar https://creativecommons.org/licenses/by-nc-sa/4.0
Dry Cleaning dalam Perspektif Fikih Taharah (Studi Komparatif Antara Jumhur dan Abū Ḥanīfah)
This research aims to find out and understand the differences in opinions of Jumhur and Abū Hanīfah regarding the law of dry cleaning. This research uses a type of library research with a normative, case and comparative approach. The results of the research show that the process of removing impurity without using water according to Jumhur ulama cannot be said to be holy, because of caution if the clothes still have unclean substances that stick to the clothes if they are not rinsed using water, so the dry cleaning method for cleaning uncleanness is not in accordance with the Jumhur school of thought, because it must use water to purify the uncleanness, whereas according to the view of the Ḥanafī school of cleaning uncleanness other than using water, the dry cleaning method is in accordance with the school of thought. Ḥanafī because it has been proven to eliminate the smell, color and taste, it is in accordance with the wishes of the Shari'a. Both opinions use the same istinbat method in making arguments, namely, the Qur'an, hadith and kias, but both differ in interpreting the existing arguments.
Jumhur, Abū Ḥanīfah, Dry Cleaning, Taharah
Copyright (c) 2025 Asri Asri, Syandri Syandri, Nur Azizah Arham https://creativecommons.org/licenses/by-nc-sa/4.0
Implementasi Program Brus dalam Pencegahan Pernikahan Dini: Analisis Maqāṣid Al-Syarī’ah dan Hukum Positif
This study analyzes the implementation and effectiveness of the Harmonious School-Age Youth Guidance Program (BRUSH) in preventing early marriage at the Religious Affairs Office (KUA) of Bodeh District, Pemalang Regency, through the perspectives of Maqashid Syariah and Indonesian positive law. The research aims to assess how BRUSH functions as an educational and preventive tool in fostering legal, moral, and spiritual awareness among adolescents. Employing a qualitative case study approach, data were collected through interviews, observations, and document analysis. The findings indicate that BRUSH is implemented through collaboration among KUA officers, schools, and religious counselors, using interactive methods such as group education, thematic guidance, discussions, and pre-marital simulations focusing on participants’ psychological, legal, and religious readiness. The program effectively reduces early marriage interest and enhances youth literacy on marriage values and reproductive health. Normatively, BRUSH reflects the five objectives of Maqashid Syariah (ḥifẓ ad-dīn, an-nafs, al-‘aql, an-nasl, al-māl) and aligns with Law No. 16 of 2019 on Marriage and Law No. 35 of 2014 on Child Protection. This study contributes to integrating Islamic and national legal frameworks in youth protection policies and strengthens pre-marital education based on Maqashid Syariah at the local level.
BRUS, Early Marriage, Maqāṣid al-Syarī‘ah, Positive Law.
Copyright (c) 2026 Miftahul Munir, Wasman https://creativecommons.org/licenses/by-nc-sa/4.0
Dimensi Positif Rumah Tangga pada Pernikahan dini dalam Prinsip Sakinah
This study aims to analyze the positive dimensions of early marriage households within the principle of sakinah through a case study in Jaya Bhakti Village. Early marriage is generally associated with emotional and economic vulnerability; however, in certain social contexts it may demonstrate positive family resilience. This research employs an empirical field approach through interviews with young couples, religious leaders, and village officials. The findings reveal that young couples are able to build household resilience through clear role distribution, open communication, and strong family and social support. The principle of sakinah functions as a spiritual foundation that guides couples in patience, mutual understanding, and adaptation. Additionally, the decision to delay childbirth due to economic considerations reflects rational family planning and psychological maturity. The study concludes that early marriage can lead to a harmonious household when supported by responsibility, religious guidance, and a constructive social environment.
Early Marriage, Sakinah Family, Family Resilience, Islamic Family Law, Marriage Dispensation
Copyright (c) 2026 Alya Azmi Novalia, Seno Aris Sasmito https://creativecommons.org/licenses/by-nc-sa/4.0
Analisis Fatwa Syekh al-‘Uṡaimīn Tentang Keabsahan Haji Orang yang Meninggalkan Salat
This study aims to analyze the fatwa of Shaykh al-ʿUthaymīn regarding the validity of the Hajj for an individual who abandons prayer. The research employs a descriptive qualitative method with a normative juridical approach through library research. The findings reveal three key points: first, according to Shaykh al-ʿUthaymīn, deliberately abandoning prayer may invalidate the validity of the Hajj, as it is regarded as an act of disbelief; second, this fatwa is grounded in the Qur’anic evidences, the Hadith, and the views of the Salaf scholars, who position prayer as the pillar of the religion and implicitly consider it a prerequisite for the validity of other acts of worship, including the Hajj; third, the fatwa holds significant relevance in the contemporary era, particularly in fostering awareness among Muslims of the urgency of maintaining prayer prior to performing the Hajj. The implications of this study highlight the importance of a comprehensive understanding of the interrelationship between the performance of prayer and the validity of the Hajj, as emphasized in Shaykh al-ʿUthaymīn’s fatwa. The study further demonstrates that the pillars of Islam cannot be practiced partially; rather, they must be observed holistically and consistently. These findings may also serve as a reference in religious guidance and in the development of daʿwah curricula, with the aim of strengthening the Muslim community’s understanding of prayer as the pillar of religion that supports the performance of other acts of worship, including the Hajj.
Fatwa, Shaykh al-‘Uṡaimīn, Hajj, Salat, Validity of worship
Copyright (c) 2025 M. Kasim, Muhammad Rezky Fauzy, Muhammad Nur Sayyid https://creativecommons.org/licenses/by-nc-sa/4.0
Sistem Pertambangan Koridor dalam Perspektif Hukum Islam (Studi Kasus di Kampung Mayang Mangurai Kecamatan Teluk Bayur Kabupaten Berau)
This study examines corridor mining practices, namely informal and illegal coal mining carried out by landowners and unofficial miners in Kampung Mayang Mangurai, Teluk Bayur Subdistrict, Berau Regency, from the perspective of Islamic law. This study aims to describe and analyse the operational mechanisms and socio-economic factors that drive these practices, as well as to assess their compatibility with Islamic law principles, in order to formulate a Sharia-based ethical and juridical framework as an alternative solution to informal mining practices in the community. This study is a field study of a qualitative nature. Primary data was collected through direct observation, in-depth interviews, and field documentation, combining normative and sociological approaches. Data analysis was conducted in three stages, namely data reduction, data presentation, and conclusion drawing. The results showed that corridor mining takes place through informal cooperation between landowners and heavy equipment miners as a strategy for economic survival. Although it provides short-term benefits, this practice is illegal under positive law and is carried out in the IUP area of other companies. From an Islamic law perspective, this practice is not justified because coal is al-milkiyyah al-'ammah (public property) that must be managed by the state for the common good. This study emphasises the need to strengthen state governance and educate the community about sharia and environmental ethics.
Copyright (c) 2025 Musriwan Musriwan, Andi Dahmayanti Muchtar, Santi Sarni, Risdayani, Nurul Kharisma Idrus https://creativecommons.org/licenses/by-nc-sa/4.0
Mediasi Keagamaan MUI dalam Fatwa Nomor 24 Tahun 2017 dan Analisis Maqāṣid Al-Syarī‘Ah di Era Digital
The development of digital technology has created a new sphere for social interaction and Islamic da‘wah while simultaneously opening opportunities for conflicts arising from the spread of hoaxes, slander, and hate speech based on religion. In this context, the Indonesian Ulema Council (Majelis Ulama Indonesia, MUI) plays an important role as a religious institution that not only issues legal fatwas but also performs a function of social mediation. This study aims to analyze MUI’s mechanism of religious mediation through Fatwa No. 24 of 2017 on the Law and Guidelines for Social Interaction via Social Media, by examining the extent to which maqāṣid al-sharī‘ah (the higher objectives of Islamic law) are reflected in its substance and objectives. This research employs a qualitative-descriptive approach combined with a normative-sociological perspective and is categorized as library research. The primary data are derived from the official text of the MUI fatwa, while secondary data include the Qur’an, hadith, classical uṣūl al-fikih works, and relevant academic literature. The analysis uses content analysis guided by the framework of maqāṣid al-sharī‘ah. The findings reveal that MUI Fatwa No. 24/2017 embodies the values of protecting religion (ḥifẓ al-dīn), intellect (ḥifẓ al-‘aql), and honor (ḥifẓ al-nasl), and functions as a form of normative mediation in maintaining ethical digital communication. The contribution of this study lies in strengthening the discourse of fikih al-islāḥ (the jurisprudence of reconciliation) within contemporary Islamic law, by offering a maqāṣid-based perspective in understanding fatwas as social instruments for fostering peace in the digital era.
MUI Fatwa, Religious Mediation, Social Media, Maqāṣid al-Sharī‘ah, Social Peace.
Copyright (c) 2025 Muh Isra Syarif, Kurniati, Misbahuddin https://creativecommons.org/licenses/by-nc-sa/4.0
Evaluasi Normatif Dispensasi Perkawinan Pasca Undang-Undang Nomor 16 Tahun 2019 dalam Perspektif Maqāṣid Al-Syarī‘Ah: Studi Kasus di Pengadilan Agama Bima
This study examines the rising number of marriage dispensation applications at the Bima Religious Court as an indication of the ineffectiveness of existing legal policies in reducing child marriage rates. The purpose of this research is to identify the factors contributing to the increase in dispensation requests and to analyze the implementation of the policy from an Islamic legal perspective by assessing its conformity with the principles of maqāṣid al-Sharī‘ah, particularly the protection of life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), and lineage (ḥifẓ al-nasl). This research employs a juridical-normative approach with qualitative descriptive analysis based on literature studies, court decisions, and limited interviews with judicial officers. The findings reveal that the surge in dispensation applications is driven by social, cultural, and economic factors as well as low legal awareness within the community. From the perspective of maqāṣid al-Sharī‘ah, the granting of a marriage dispensation is permissible only under urgent circumstances that ensure greater public benefit and prevent potential harm, thus requiring judges to apply strict and proportional considerations. This study recommends strengthening legal awareness, tightening the criteria for granting dispensations, and enhancing collaboration among judicial institutions, local governments, and communities to ensure that Islamic family law policies operate fairly and remain oriented toward child protection.
Marriage Dispensation, Islamic law, Maqāṣid Al-syarī‘ah, Child Marriage
Copyright (c) 2026 Putri Rahyu, St Maryam, Suci Mulyati, Salmiati, Anggar Putra https://creativecommons.org/licenses/by-nc-sa/4.0
Peran Mediasi dalam Penyelesaian Perceraian Pegawai Pemerintah dengan Perjanjian Kerja Akibat Tekanan Ekonomi: Perspektif Hukum Keluarga Islam
The phenomenon of increasing divorce rates among Government Employees with Employment Agreements (PPPK) is an issue that requires serious attention, considering the complexity of the economic, social, and psychological factors that underlie it. Uncertainty of employment status, limited income, and high workloads have implications for tension in household relations and decreased family resilience. This study aims to analyze the role of mediation in resolving PPPK divorce cases due to economic pressure from the perspective of Islamic Family Law. The research method used is a literature review by examining various literature sources, laws and regulations, and the results of relevant previous research. The results show that economic pressure is the dominant factor driving the increasing PPPK divorce rate, while mediation functions not only as a dispute resolution mechanism but also as an instrument of family protection through an ishlah approach that emphasizes the values ​​of justice, welfare, and moral responsibility. This study contributes to enriching the study of Islamic Family Law through a contextual analysis of the dynamics of PPPK divorce, which has its own characteristics compared to non-PPPK couples. In addition, this study emphasizes the importance of strengthening mediation based on Islamic values ​​as a preventive measure against family disintegration due to economic pressure.
Divorce, PPPK, Mediation, Economic Pressure, Islamic Family Law.
Copyright (c) 2025 Ghina Nadiah , Musleh Harry https://creativecommons.org/licenses/by-nc-sa/4.0
Nilai-nilai Hak Asasi Manusia dalam Kasus Peradilan Ṭu‘Mah bin Ubairiq pada Masa Rasulullah
Judicial practices in many Muslim countries today still show inequality and unfair treatment, especially towards minority groups and those who are socially and economically disadvantaged. This disparity highlights the need to revisit Islamic history in order to revive the universal values of justice that form the basis of the Islamic legal and judicial systems. This study aims to analyze the case of Ṭu‘mah Bin Ubairiq during the time of the Prophet Muhammad saw. in order to identify reflections of human rights values. This study uses a qualitative method with a historical-normative approach and Mashood A. Baderin's interdependence theoretical framework, which emphasizes the complementary relationship between Sharia and human rights as two normative systems with the same goal of ensuring justice and human dignity. This article analyzes primary sources of Islamic law and uses the UDHR as a comparative framework. The results of the study show that the resolution of the Ṭu‘mah case strongly reflects the fundamental principles of the UDHR, such as equality before the law (Article 7), the right to a fair trial (Article 10), the presumption of innocence (Article 11), and the protection of property rights (Article 17) and honor (Article 12). It can be concluded that despite originating from different sources of legitimacy, this case demonstrates that universal human rights principles have long been internalized in the Islamic judicial tradition based on divine revelation.
History of Islamic Law, Ṭu‘mah Bin Ubairiq, Human Rights
Copyright (c) 2025 Muhammad Fadel Adhyputra, Muhammad Raihan Akbar https://creativecommons.org/licenses/by-nc-sa/4.0