Ijtihad

The Method of Determining Maqoshid al-Syariah According to al-Imam al-Shatibi and al-Imam al-Thahir Ibn Ashur : A Comparative Study

Zaid Al Amin — Sun, 01 Jun 2025 00:00:00 +0800

Purpose â€“ This study aims to conduct a comparative analysis of the concept of MaqÄá¹£id al-SharÄ«Ê¿ah as formulated by two prominent Islamic legal theorists: ImÄm al-ShÄá¹ibÄ« and ImÄm á¹¬Ähir Ibn Ê¿Ä€shÅ«r. It explores their classifications, methodologies, and underlying philosophical orientations to better understand how their perspectives contribute to the development of contemporary Islamic legal thought.

Design/method/approach â€“ This study employs a qualitative method using a library research approach. Data were collected from both primary and secondary sources, including the written works of ImÄm al-ShÄá¹ibÄ« and ImÄm á¹¬Ähir Ibn Ê¿Ä€shÅ«r, as well as relevant academic studies. The approach adopted is comparative in nature, aiming to identify the similarities and differences in the formulation of maqÄá¹£id al-sharÄ«Ê¿ah according to both scholars. The data are analyzed through a descriptive-analytical method, focusing on the content of each scholar's thought and the methodological logic they employ in understanding maqÄá¹£id al-sharÄ«Ê¿ah.

Findings â€“ Both scholars agree that the primary objective of the SharÄ«Ê¿ah is the realization of maá¹£laá¸¥ah and the prevention of mafsadah. They share a common tripartite classification of maqÄá¹£id into á¸arÅ«riyyah, á¸¥Äjiyyah, and taá¸¥sÄ«niyyah. However, key differences emerge in their methodologies and hermeneutical approaches: al-ShÄá¹ibÄ« emphasizes linguistic analysis and strict textual interpretation, while Ibn Ê¿Ä€shÅ«r integrates sociological reasoning and customary practices (Ê¿urf) to adapt maqÄá¹£id to modern realities. Ibn Ê¿Ä€shÅ«r also offers a more expansive view of secondary maqÄá¹£id and advocates for legal flexibility in line with evolving human needs.

Research implications â€“ This comparative framework enriches the discourse on Islamic legal reform by highlighting methodological diversity in deriving legal objectives. The insights from both scholars offer constructive pathways for contextualizing Islamic law in contemporary settings while safeguarding its foundational purposes.

Originality/value â€“ This study offers a balanced and detailed comparative analysis that deepens the understanding of classical and modern articulations of maqÄá¹£id al-sharÄ«Ê¿ah. Its originality lies in juxtaposing two pivotal yet distinct maqÄá¹£id frameworks, thereby providing a nuanced platform for further inquiry into adaptive legal reasoning within the SharÄ«Ê¿ah. Future research could explore how these conceptual differences inform current fatwÄ issuance, Islamic legal codification, and the integration of maqÄá¹£id in public policy formulation across the Muslim world.

Comparison of The Authority of Notaries And Land Deed Officials (PPAT) In Indonesia And Malaysia Regarding Property Transactions

Fajar Agustan — Sun, 01 Jun 2025 00:00:00 +0800

This study presents a comparison of the authority of notaries in property transactions between Indonesia and Malaysia. The aim of this research is to compare the notarial legal systems of both countries and to identify the differences in the duties and authority of notaries related to property transactions, as well as the factors influencing them. The research method used is comparative legal analysis by collecting data from legal literature and relevant documents. The findings indicate that Indonesia’s notarial legal system is based on civil law, whereas Malaysia follows common law with the influence of Islamic law. These differences affect the role of notaries in property transactions. The comparison of the duties and authorities of Notaries/Land Deed Officials (PPAT) reveals variations in the property transaction processes between the two countries, such as in the preparation and legalization of property documents. Factors such as legal regulations, culture, and customary practices also have a significant impact on the role of notaries in property transactions in both countries. This study provides in-depth insights into the differences between the notarial legal systems of Indonesia and Malaysia and their implications for property transactions. The practical implications of this research can be used to improve legal policies and notarial practices in property transactions in both countries. This study also offers a better understanding of the differences in notarial legal systems and practices between Indonesia and Malaysia and provides valuable insights for policymakers to enhance the effectiveness and efficiency of property transactions in both nations.

Perbandingan Efektivitas Larangan Zina Antara Kitab Undang-Undang Hukum Pidana (KUHP) Dan Fikih Jinayah Di Indonesia

Fazari Zul Hasmi Kanggas, Febrian Arif Wicaksana, Rosyid, Haerul Akmal — Sun, 01 Jun 2025 00:00:00 +0800

Adultery is a highly reprehensible act and is not in accordance with the values upheld by Indonesian society. The Adultery is considered a highly disgusting behavior that goes against Indonesia society’s traditional values. The regulation of adultery in the Indonesian Penal Code (KUHP) continues to spark various debates regarding its implementation. Under the KUHP, adultery is categorized as a complaint-based offense and carries relatively light penalties. In contrast, from the perspective of Islamic Criminal Jurisprudence, perpetrators of adultery are subject to harsher punishments based on Islamic law principles, such as stoning or flogging, aiming to preserve societal morals and create a stronger deterrent effect. Consequently, the effectiveness of the KUHP in deterring acts of adultery is often called into question. This study aims to examine the differences in elements and criminal provisions regarding adultery between the KUHP and Fiqh Jinayah, and to analyze the effectiveness of each in deterring offenders. The research employs a library research method with a comparative normative juridical approach. The findings indicate that the sanctions prescribed in Fiqh Jinayah tend to be more effective in providing a deterrent effect compared to those outlined in the KUHP. Therefore, the study recommends that Indonesian regulations incorporate stricter preventive principles to reduce the incidence of adultery.

Tinjauan Fiqh Siyasah Terhadap Implementasi Qanun Kota Banda Aceh Nomor 2 Tahun 2021 Tentang Kota Layak Anak

Raji Chairana, Hasnul Arifin Melayu, Husni A. Jalil — Sun, 01 Jun 2025 00:00:00 +0800

This research examines the implementation of child rights protection policies in Banda Aceh City, focusing on the development of child-friendly cities (KLA) in accordance with Qanun No. 2 of 2021. The main problem identified is the non-fulfillment of one of the objectives of the qanun. This research aims to explain the implementation of the qanun, identify opportunities and challenges faced by the Banda Aceh City Government, and review the effectiveness of the policy from the perspective of Fiqh Siyasah. The method in this research is qualitative with a descriptive approach involving interviews, observation and documentation from informants. The results show that although the government has made various efforts, including the development of child-friendly gampong and the improvement of child-friendly facilities, the implementation of the policy still faces various challenges. The main challenges include differences in community perceptions, changes in social values, lack of commitment at the gampong level, and internal and external government barriers. From the perspective of fiqh siyasah, the importance of strengthening the role of leaders, cross-sector collaboration and fair enforcement of rules are the keys to success in ensuring children's rights are fulfilled thoroughly and sustainably.

Hak Asuh Anak Pasca Perceraian: Studi Komparasi di 4 Negara (Indonesia, Malaysia, Tunisai dan Maroko)

Nabil Palasenda, Achmad Roihan Jauhari — Sun, 01 Jun 2025 00:00:00 +0800

This study compares post-divorce child custody arrangements in four Muslim countries (Indonesia, Malaysia, Tunisia, and Morocco) to gain a comprehensive understanding of the comparative rules related to post-divorce child care. This study focuses on the party responsible for child support, the party entitled to care for the child, and the age limit for post-divorce custody. This study uses a qualitative method with a normative and comparative legal approach. Data sources include laws and regulations, family law documents, and relevant academic literature in each country. The analysis involves identifying legal norms, interpreting texts, and comparing legal substances based on post-divorce custody indicators. The study finds that all four countries share the principle of making the father primarily responsible for child support. However, there are variations in granting custody rights, the role of the mother, and the time limit for custody. Indonesia sets the age of adulthood at 21 years as the limit for custody, while Malaysia sets a younger age but with the possibility of extension by the court. Tunisia and Morocco follow Maliki jurisprudence, with the limit of puberty or marriage, but still leave room for judges to assess the best interests of the child.

Lex Silent in Lido: Tinjauan Yuridis atas Respons Hukum dalam Proyek Donald Trump di Jawa Barat

Rofi Sabda Muhammadi Ar-Razy, Rifa Hafizha Wagiar, Rio Nugraha — Sun, 01 Jun 2025 00:00:00 +0800

Penelitian ini bertujuan untuk menganalisis respons hukum terhadap pelanggaran lingkungan dalam proyek Kawasan Ekonomi Khusus (KEK) Lido yang melibatkan Donald Trump di Jawa Barat. Metode yang digunakan adalah yuridis-normatif dengan pendekatan kualitatif, mengumpulkan data dari dokumen hukum, laporan AMDAL, dan sumber-sumber terkait. Temuan utama menunjukkan bahwa respons hukum yang ada sangat lemah, dengan tindakan administratif dari Kementerian Lingkungan Hidup dan Kehutanan (KLHK) tidak diikuti oleh penegakan hukum yang tegas, menciptakan fenomena "lex silent" di mana hukum tidak memberikan efek jera bagi pelanggar. Selain itu, analisis mengidentifikasi celah dalam penegakan hukum, termasuk lemahnya sanksi dan minimnya pengawasan publik. Kesimpulan dari penelitian ini menekankan perlunya reformasi dalam sistem hukum lingkungan Indonesia, termasuk memperkuat kontrol publik, menerapkan sanksi pidana bagi pelanggaran serius, serta memperketat regulasi AMDAL dan pengawasan. Dengan langkah-langkah ini, diharapkan perlindungan terhadap lingkungan dapat ditingkatkan dan keberlanjutan ekosistem terjaga.

Analisis Pernikahan Dihadapan Jenazah Menurut Pandangan ‘Urf

Saipul Nasution, Ayun Qurroti, Imam Kamaluddin, M. Akhlis Azamuddin Tifani — Sun, 01 Jun 2025 00:00:00 +0800

Marriage in the presence of a deceased person is a customary practice performed when a relative of the bride or groom passes away shortly before the scheduled wedding. This practice is seen as a final tribute to the deceased and is believed to bring blessings to the couple. The local community believes that if the marriage is not held before the burial, the family may face misfortune in the future. This study aims to analyze this practice in Tanggulangin Village, Klirong District, Kebumen Regency, through the lens of ‘Urf (custom) in Islamic law. A normative-juridical approach with qualitative methods was used, with data collected through interviews with community leaders and religious scholars, as well as literature reviews. The findings show that social pressure and inherited beliefs strongly influence the continuation of this tradition. The practice can be categorized into two types: ‘Urf Shahih (valid custom) if it meets the requirements of marriage without violating Islamic principles, and ‘Urf Fasid (invalid custom) if it involves seeking blessings (tabarruk) at graves, which is prohibited in Islam.

Monitoring Dan Evaluasi Dinas Perhubungan Kota Banda Aceh Terhadap Sistem Perparkiran Dalam Perspektif Siyasah Idariyah

Nazira Kayla Maharani, Hasanuddin Yusuf Adan, T. Surya Reza — Sun, 01 Jun 2025 00:00:00 +0800

An orderly parking system is an essential part of supporting urban transportation and public services. The Department of Transportation of Banda Aceh City is responsible for overseeing and evaluating the parking system in accordance with Mayor Regulation No. 22 of 2024 and Qanun of Banda Aceh City No. 1 of 2024. This study aims to identify obstacles and evaluate the efforts of the Department of Transportation in monitoring and evaluating the parking system, using the perspective of siyasah idariyah, which emphasizes justice (al-‘adl), accountability (al-mas’uliyyah), and responsibility (al-amanah). The research was conducted qualitatively through field observations and interviews with officials from the Banda Aceh Department of Transportation, both legal and illegal parking attendants, as well as members of the public who use parking services. The analysis refers to applicable legal regulations and Islamic values derived from the Qur’an and Hadith. The results indicate several ongoing issues, such as the prevalence of illegal parking, unofficial charges exceeding the set tariffs, and weak supervision and evaluation. The clear disparity between legal and illegal parking attendants also poses a major challenge, affecting public order and trust. These conditions reflect that the principles of siyasah idariyah have not yet been fully implemented in the city’s parking management system. Concrete actions are needed from the local government to strengthen supervision, enforce proper parking regulations, and empower the community to create a parking system that is just, accountable, and contributes to public welfare.

Jual Beli Paket Lebaran Berdasarkan Hukum Islam Dan Undang-Undang Nomor 8 tahun 1999

Nuri, Nurul Fajria — Sun, 01 Jun 2025 00:00:00 +0800

The implementation of buying and selling Eid packages is an activity that is often carried out by the community, especially people who live in rural areas to prepare basic needs during Eid. One of the villagers who practices buying and selling Eid packages is the community of Karang Anyar Village, Deli Serdang Regency. This study aims to determine the implementation of buying and selling Eid packages in Karang Anyar Village and how it is reviewed based on Islamic Law and Law No. 8 of 1999. The research method used is qualitative method. The data collection technique used is through interviews and documentation. The result of this study is that the implementation of buying and selling Eid packages in Karang Anyar Village, Deli Serdang Regency is not in accordance with Islamic Law and Law No. 8 of 1999. This is caused by several things including the unclarity of the goods traded, the injustice committed by sellers against consumers with one another, and the discrepancy between the goods ordered and the goods obtained.

Peran Hukum Lingkungan Dalam Mewujudkan Tata Kelola Pertambangan Berkelanjutan Yang Ramah Lingkungan

Sangga, Siraj Fawwaz Fikri Madani, Renaldy Sundara Salim — Sun, 01 Jun 2025 00:00:00 +0800

This study examines the harmonization of environmental law and mining law, as well as the role of administrative law enforcement in achieving sustainable and environmentally friendly mining governance in Indonesia. Employing a normative juridical approach with statutory and conceptual methods, the study analyzes Law No. 32 of 2009 on Environmental Protection and Management and Law No. 4 of 2009 on Mineral and Coal Mining (as amended by Law No. 3 of 2020). Findings reveal that environmental approval as a prerequisite for obtaining a Mining Business License (IUP) integrates legal norms to balance economic and ecological interests. Administrative law enforcement through sanctions such as warnings, temporary suspensions, and license revocations effectively prevents environmental violations, despite challenges like inadequate central-regional coordination and limited human resources. The study recommends strengthening cross-sectoral supervision and leveraging technology to support sustainable mining practices.

Manhaj Istinbath Pengasuh Pondok Modern Tazakka tentang penerapan Cashless Payment di Pesantren

Iman Nur Hidayat, Zayad Abd. Rahman, Achmad Arif — Sun, 01 Jun 2025 00:00:00 +0800

Pondok Pesantren merupakan lembaga pendidikan khas Indonesia yang telah beradaptasi dengan perkembangan teknologi di era modern. Dibuktikan dengan dukungan pesantren saat ini terhadap kehadiran teknologi digital terutama di bidang transaksi keuangan pesantren. Penelitian ini bertujuan untuk mengetahui manhaj istinbat dari pihak Pengasuh Pondok Modern Tazakka Batang dalam memutuskan penggunaan sistem pembayaran Cashless. Diawali dengan latarbelakang masalah, kinerja sistem pembayaran Cashless, serta dampak sistem tersebut. Penelitian ini menggunakan metode kualitatif dengan teknik pengumpulan data observasi, wawancara dan dokumentasi. Subjek penelitian ini adalah pengasuh, staf pengelola Cashless Tazakka. Hasil penelitian ini menunjukkan bahwasanya pihak pesantren dalam memutuskan penggunaan sistem Cashless ini berangkat dari upaya menghapus beberapa fenomena buruk (mafsadah) dan menjemput kemaslahatan. Juga pandangan fiqh para pengasuh PM Tazakka bahwa praktek Cashless Payment telah sesuai dengan syara’ seperti telah dikemukakan otoritas fuqaha melalui ijtihad individu maupun kolektif.

Efektivitas Mediasi dalam Penyelesaian Konflik Perceraian Non-Litigasi dan Litigasi di Pengadilan Agama Bogor Prespektif Hukum Keluarga Islam

Aynul Yaqqin, Ade Dedi Rohayana, Taufiqur Rohman — Sun, 01 Jun 2025 00:00:00 +0800

This study focuses on how mediation is applied in two different stages, namely before the case is registered in court (non-litigation) and after the case goes to court (litigation). From the perspective of Islamic Family Law, the concept of mediation is in line with the principle of ishlah (peace) as taught in the Qur'an and hadith. Islam prioritizes conflict resolution in a peaceful manner before taking divorce as a final solution. Therefore, this study examines the extent to which the principles of Islamic mediation are applied in the legal process at the Bogor Religious Court and compares its effectiveness in reducing conflict escalation and reducing divorce rates. This study uses a qualitative method with a juridical-empirical approach. Data were collected through interviews with judges, mediators, couples undergoing divorce proceedings, and documentation studies of decisions related to divorce cases at the Bogor Religious Court. The analysis was carried out by comparing the success rate of mediation before and after the case went to court, the obstacles faced, and the factors that influenced its success or failure. The results of the study indicate that mediation before going to court tends to be more effective in resolving conflicts peacefully compared to mediation conducted after the case is registered in court. The main factors contributing to the success of pre-litigation mediation are the flexibility in negotiations, the more independent role of the mediator, and the lack of pressure from the formal legal process. In contrast, litigation mediation is often less effective because the couple already has a negative perception of each other and is more likely to insist on continuing the divorce process. In line with the perspective of Islamic Family Law, mediation (non-litigation) is a highly recommended means of resolving household conflicts before divorce occurs. The concept of ishlah in Islam emphasizes the importance of finding common ground and avoiding family breakdown.

Tanggung Jawab Hukum Dalam Etika Dokter Kandungan Terhadap Pelayanan Inseminasi Buatan Bayi Tabung

Yeni Vitrianingsih — Sun, 01 Jun 2025 00:00:00 +0800

This study comprehensively analyzes the legal and ethical responsibilities of obstetricians in artificial insemination and In Vitro Fertilization (IVF) services in Indonesia. The rapid development of Assistive Reproductive Technology (TRA) has opened up hope for infertile couples, but at the same time has given rise to significant legal and ethical complexities. The focus of the study is to identify the scope of the doctor's responsibilities, challenges in its implementation, and its implications for the protection of the rights of patients and children resulting from TRA. This research method uses a normative-juridical approach with a literature study of related laws and regulations, court decisions, legal doctrines, and medical ethics literature. Secondary data are analyzed qualitatively to understand the legal and ethical framework governing TRA practices, as well as potential gaps. The results of the study indicate that the legal responsibilities of obstetricians in TRA include aspects of comprehensive informed consent, medical malpractice standards at each stage of the procedure, and guarantees of the legal status and lineage of the child. Ethically, doctors are faced with dilemmas related to the management of leftover embryos, confidentiality of genetic data, and patient selection based on moral considerations. The main challenges lie in regulatory gaps that are not yet fully adaptive to TRA innovations, lack of public and practitioner understanding, and the complexity of evidence in dispute cases. The conclusion of the study emphasizes the urgency of harmonization between medical progress and legal-ethical certainty. It is recommended that there be more specific and comprehensive regulatory improvements, increased socialization for all parties, and strengthening of supervisory mechanisms to ensure that TRA services run according to legal and ethical corridors. This study is expected to contribute to the development of better policies and optimal protection for all parties involved in assistive reproductive technology services.

Tinjauan Fiqih Terhadap Institusi Pendidikan Sebagai Mustahiq Zakat: Studi Komparatf Pendapat Wahbah Az-Zuhaily Dan Yusuf Al-Qardhawi

Sun, 01 Jun 2025 00:00:00 +0800

Zakat is one of the pillars of Islam, obligated by Allah SWT upon Muslims to purify both soul and wealth. Its distribution must follow the eight categories of recipients (mustahiq) as outlined in the Qur’an. However, the challenge of ghazwul fikri has led some scholars to expand the interpretation of fii sabilillah to include educational institutions. In Indonesia, organizations like the ASFA Foundation and BMH have allocated zakat to this sector, sparking debate over its legitimacy. This study aims to analyze the fiqh perspective on educational institutions as zakat recipients based on the views of two contemporary scholars: Wahbah Az-Zuhaily and Yusuf Al-Qardhawi, who hold differing opinions. This is normative legal research using a comparative, literature-based approach. The findings show that Wahbah Az-Zuhaily rejects educational institutions as mustahiq because they do not fit the fii sabilillah category in Surah At-Tawbah and fail to meet the tamlik requirement. In contrast, Yusuf Al-Qaradawi permits it if the institution serves as a form of pure Islamic jihad aimed at upholding Allah’s religion. He also argues that tamlik is not obligatory as it can be delegated to authorized parties. The author concludes that Al-Qardhawi’s view is more relevant today, offering a balanced interpretation. The researcher hopes that this study can serve as a contribution of ideas regarding the distribution of zakat to educational institutions according to two contemporary scholars mentioned, and that it will be beneficial for zakat management organizations and the community.

Peran Koperasi Dalam Pemberdayaan UMKM Dan Ekonomi Kreatif Di Musi Rawas Utara

Aidil Azhari Aidil — Sun, 01 Jun 2025 00:00:00 +0800

The role of MSMEs is very important for the economy of local and national communities. Progress requires support from related institutions such as cooperatives. Through the qualitative descriptive analysis method, it is hoped that it will be able to clarify the role of cooperative institutions in empowering and overcoming business problems. For this reason, the purpose of this research is to find out the role of cooperatives in MSMEs. The results of the research show that the role of MSMEs is very important and cooperative institutions are also very important, both of which are related and dependent on each other, through microcredit programs or capital assistance owned by these institutions, it is hoped that those who are still in categories that do not meet the lending criteria can still get loans according to the capabilities of the business and the various services provided by financial institutions to develop local MSMEs. Apart from capital assistance, there are also partnerships, expanded financing, relationship development and training or assistance regarding business management skills. Through the cooperative service, business actors are able to obtain permits for the legality of their business, thereby increasing trust and adding value for business owners.