Title : Tabayyanu : Journal of Islamic Law Abbreviation : tabayyanu ISSN : 3046-8426 (online) Editor in Chief : Dr. Heri Firmansyah, M.A. Publisher : Yayasan Dar Arrisyah Indonesia Email : journaltabayyun@gmail.com Frequency : Maret & September Citedness in : Google Scholar | Garuda | Moraref | Neliti | Copernicus Tabayyanu : Journal of Islamic Law is an open-access. The subject covers textual and fieldwork studies with various perspectives of Islamic law. Tabayyanu, published twice a year, always places Islamic Law and Muslim in the central focus of academic inquiry and invites any comprehensive observation of Islam as a law and a system of society and Muslims as those who practice the religion with their many facets. The journal's scope is related to all issues related to islamic law aboth normative and empirical, or classic or contemporary studies.
Reconstructing the Role of Al-‘Adah Muhakkamah in Islamic Criminal Law: An Integrative Framework of Naṣṣ, Living Law, and Maqāṣid al-Sharī‘ah
The increasing complexity of contemporary society has generated new forms of criminal conduct that cannot always be addressed adequately through the classical formulation of Islamic criminal law. This condition requires a methodological framework capable of preserving the normative authority of the Qur'an and Sunnah while accommodating dynamic social realities. Although the legal maxim al-'adah muhakkamah (custom is recognized as a legal consideration) has long been acknowledged as one of the fundamental principles of Islamic legal maxims (qawā'id fiqhiyyah), limited scholarly attention has been devoted to reconstructing its function as an integrative instrument connecting nash, living law, and maqāṣid al-syarī'ah in contemporary Islamic criminal law. This study aims to reconstruct the function of al-'adah muhakkamah as a methodological framework for harmonizing normative Islamic legal authority with evolving social realities. This research employs normative legal research using conceptual, statutory, and philosophical approaches through qualitative library research based on classical juristic works, uṣūl al-fiqh, qawā'id fiqhiyyah, legislation, and recent scholarly publications. The findings demonstrate that al-'adah muhakkamah should no longer be viewed merely as a supplementary legal maxim but as an epistemological bridge integrating scriptural authority, the objectives of Islamic law (maqāṣid al-syarī'ah), and living law. Such reconstruction enables Islamic criminal law, particularly within the sphere of jarīmah ta'zīr, to respond adaptively to contemporary crimes while maintaining immutable Islamic legal principles (tsawābit). This study proposes an integrative model positioning al-'adah muhakkamah as the methodological nexus between universal Islamic legal norms and contemporary social realities, thereby strengthening the adaptability and sustainability of Islamic criminal law in modern society.
Copyright (c) 2026 Tabayyanu : Journal Of Islamic Law https://creativecommons.org/licenses/by-sa/4.0
Rekonstruksi Hubungan Nasab dan Hak Keperdataan Anak Luar Nikah dalam Hukum Keluarga Islam Indonesia: Perspektif Maqāṣid al-Syarī‘ah
The legal status of children born out of wedlock remains one of the most debated issues in contemporary Islamic family law, as it involves the intersection of lineage (nasab), child protection, and the development of national legal systems. The debate has intensified in Indonesia following the Constitutional Court Decision Number 46/PUU-VIII/2010, which recognized certain civil legal relationships between children born out of wedlock and their biological fathers. This development raises an important question regarding how the classical doctrine of lineage in Islamic jurisprudence can be reconciled with the growing demand for child rights protection within a modern legal framework. This study aims to analyze the status of children born out of wedlock from the perspectives of the major schools of Islamic jurisprudence, examine its regulation within Indonesian Islamic family law, and formulate a reconstructive model of the relationship between lineage and civil rights through the framework of maqāṣid al-sharī‘ah. This research employs a normative legal method using statutory, conceptual, and comparative approaches. Data were collected through library research involving classical Islamic legal sources, legislation, court decisions, and relevant academic literature. The findings indicate that the majority of Islamic legal schools reject the attribution of lineage between children born as a result of zina and their biological fathers, since lineage is legally established only through a valid marriage. In contrast, Indonesian Islamic family law has gradually recognized certain civil legal obligations arising from biological relationships. This study finds that the tension between classical Islamic jurisprudence and national law primarily stems from the absence of a clear conceptual distinction between lineage and civil legal relationships. Consequently, this article proposes a reconstructive model that separates lineage from civil responsibilities. Under this model, the protection of lineage (hifẓ al-nasl) is preserved, while the protection of children's rights is achieved through the recognition of biological fathers' civil obligations based on the principles of hifẓ al-nafs and hifẓ al-māl. This model offers a theoretical contribution to the development of a more adaptive and equitable Islamic family law in Indonesia.
lineag (nasab); children born out of wedlock; civil rights; maqāṣid al-sharī‘ah; Islamic family law.
Reconstructing Child Protection for Victims of Crime: Integrating Family Law, Institutional Practice, and Maqāṣid al-Sharīʿah (A Study of UPTD PPA Aceh)
Child protection for victims of criminal acts remains a pressing global concern, particularly in jurisdictions where legal frameworks coexist with complex socio-cultural structures. While existing scholarship has largely focused on normative legal analysis or institutional responses, insufficient attention has been given to the interplay between family dysfunction and institutional intervention in shaping the effectiveness of child protection systems. This article addresses this gap by examining the implementation of child protection mechanisms at the Regional Technical Implementation Unit for Women and Children Protection (UPTD PPA Aceh) through an integrative analytical framework combining family law, victim-centered justice, and maqāṣid al-sharīʿah. Employing a socio-legal approach with qualitative methods, this study integrates doctrinal legal analysis with empirical data derived from in-depth interviews, field observations, and case documentation. The findings demonstrate that UPTD PPA Aceh has developed an integrated protection model encompassing legal assistance, psychological recovery, and social reintegration. However, the effectiveness of this model is significantly constrained by structural limitations, weak family support systems, and persistent socio-cultural stigma. This article contributes to the literature by advancing a conceptual framework that situates child protection at the intersection of family responsibility and institutional governance. It further argues that sustainable protection mechanisms require a systemic integration of legal norms, institutional capacity, and family-based resilience, which is normatively consistent with the objectives of maqāṣid al-sharīʿah, particularly the preservation of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl).
Child Protection, Victim Justice, Family Law, Maqāṣid al-Sharīʿah, Socio-Legal Studies
Copyright (c) 2025 Tabayyanu : Journal Of Islamic Law https://creativecommons.org/licenses/by-sa/4.0
Mut‘ah Marriage among Migrant Workers: A Socio-Legal and Maqāṣid al-Sharī‘ah Analysis
The phenomenon of mut‘ah marriage among migrant workers reflects a contemporary problem in Islamic family law that can no longer be understood merely as a classical juristic debate. Labor mobility, prolonged family separation, and socio-economic vulnerability have encouraged the practice of mut‘ah marriage as a form of rationalization for the biological and emotional needs of migrant workers. This study aims to analyze the practice of mut‘ah marriage through a socio-legal and maqāṣid al-sharī‘ah approach in order to examine the relationship between legal norms, social realities, and the protection of family institutions. The study employs an empirical legal method with a socio-legal approach by integrating Islamic law, Indonesian positive law, and empirical studies related to migrant workers and mut‘ah marriage. The findings reveal that mut‘ah marriage not only raises issues of legal validity but also creates structural vulnerabilities for women and children due to the absence of adequate legal protection. From the perspective of maqāṣid al-sharī‘ah, the practice contradicts the principles of ḥifẓ al-nasl and ḥifẓ al-‘irḍ because it reduces marriage to a temporary and transactional relationship. This study further finds that mut‘ah marriage develops within a gray area between religious law, state law, and the social needs of migrant workers. The article argues that mut‘ah marriage should be positioned as a socio-legal and family resilience issue rather than merely a juristic disagreement.
mut‘ah marriage, migrant workers, socio-legal, maqāṣid al-sharī‘ah, Islamic family law.
Wali Nikah Sebagai Rukun Perkawinan dalam Hukum Islam: Analisis Normatif-Komparatif Mazhab Fikih dan Rekonstruksinya dalam Hukum Keluarga Islam Indonesia
Marriage in Islamic law is a legal contract that carries theological, social, and juridical consequences, the validity of which depends on the fulfillment of its essential pillars (arkān al-nikāḥ). Among these pillars, marriage guardianship (wali nikah) remains one of the most fundamental and contested issues in Islamic jurisprudence. This article examines the legal status of wali nikah as a pillar of marriage through a normative–comparative analysis of major Sunni legal schools and explores its reconstruction within Indonesian Islamic family law. Employing doctrinal legal research with a conceptual and comparative madhhab approach, this study analyzes classical fiqh texts alongside contemporary legal instruments, particularly the Indonesian Compilation of Islamic Law. The findings demonstrate that the majority of jurists (jumhūr) regard guardianship as a constitutive element determining the validity of marriage, primarily to ensure legal certainty and the protection of women’s interests. In contrast, the Hanafi school grants greater legal autonomy to adult women under specific conditions. The article argues that Indonesia’s adoption of the jumhūr position represents not merely a transplantation of classical doctrine but a normative reconstruction aimed at safeguarding legal order, women’s rights, and social stability within a modern Muslim legal framework.
Copyright (c) 2025 Tabayyanu : Journal Of Islamic Law
Social Construction of Gender Equality in the Family of Working Couples in Tanjungbalai Indonesia: An Analysis of Marriage Law and a Compilation of Islamic Law
Gender inequality in working families remains a structural problem in Indonesia. In Tanjungbalai, despite Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) affirming the equality of husband and wife, patriarchal practices continue to impose multiple domestic responsibilities on women. This study employed a qualitative approach under the paradigm of social definition, using Peter L. Berger’s theory of social construction. Data were gathered through semi-structured interviews with three working families in Tanjungbalai, supplemented by legal document analysis. The findings reveal that the social construction of gender roles is shaped through externalization, objectivation, and internalization institutionalized within community norms. Women continue to shoulder domestic work despite contributing to family income. Meanwhile, the articles within the Marriage Law and KHI are often interpreted in patriarchal terms, thereby reinforcing inequality. The study underscores the need for a gender-responsive reinterpretation of family law and the mainstreaming of gender justice values in household practices. The novelty of this research lies in its integration of Berger’s social construction theory with the legal analysis of Indonesian marriage and Islamic family law, applied to the empirical case of Tanjungbalai—an approach rarely explored in previous scholarship.
Implementasi Kaidah "Al-Yaqīnu Lā Yuzālu bi al-Syak" dalam Perspektif Fikih Keluarga
This article examined the application of the Islamic legal maxim al-yaqīnu lā yuzālu bi al-syak (“certainty is not overruled by doubt”) within the framework of family law. It analyzed how this principle has been interpreted and applied in resolving legal issues such as divorce (ṭalāq), maintenance (nafaqah), and legal certainty in marital relationships. Employing a qualitative, descriptive-analytical method, the study drew upon both classical Islamic jurisprudential sources—such as those authored by al-Qarāfī, al-Suyūṭī, and al-Nawawī—and contemporary legal scholarship. The analysis was grounded in the methodology of qawāʿid fiqhiyyah (Islamic legal maxims), supported by textual sources (the Qur’an and Hadith), consensus (ijmāʿ), and rational arguments. The findings demonstrated that the maxim plays a pivotal role in maintaining legal stability by ensuring that established certainties are not invalidated by subsequent doubts. Moreover, the study identified several exceptions to the maxim's applicability, particularly in ambiguous or multi-interpretable cases, revealing the principle's flexibility and relevance in modern legal contexts.
Praktik Ghibah Dalam Grup WhatsApp Keluarga Dalam Perspektif Hukum Islam
The proliferation of digital communication platforms, particularly family WhatsApp groups, has facilitated interpersonal connectivity while simultaneously introducing ethical dilemmas such as ghibah (backbiting). This study investigates the manifestation of ghibah within family WhatsApp groups from the perspective of Islamic law. Employing a qualitative descriptive methodology through literature review and content analysis, the research draws upon primary Islamic legal sources—including the Qur’an, Hadith, scholarly interpretations, and fatwas issued by institutions like the Indonesian Ulema Council (MUI). The findings reveal that despite the private and informal nature of family WhatsApp groups, ghibah remains categorically prohibited and is considered a major sin in Islam. It typically manifests through behaviors such as criticizing absent members, disseminating private information without consent, or making demeaning remarks masked as humor. These actions not only compromise individual dignity but also jeopardize familial harmony and trust. The study emphasizes that digital media do not exempt individuals from adhering to Islamic ethical standards. The enduring nature of digital communication exacerbates the repercussions of ghibah, thus underscoring the necessity of digital literacy grounded in Islamic ethics. This research contributes to the development of ethical guidelines for digital conduct within familial contexts and calls for the reinforcement of Islamic values in private online interactions.
Ḥiwālah and Islamic Factoring Revisited : A Maqāṣid al-Sharīʿah–Based Legal Analysis of Debt Transfer in Indonesian Islamic Banking
Debt transfer mechanisms play an increasingly significant role in contemporary Islamic finance, particularly in addressing liquidity constraints and managing credit risk. In Indonesia, two principal instruments are employed for this purpose: ḥiwālah, a classical Islamic contract of debt transfer, and Islamic factoring, commonly structured through wakālah bil ujrah. Although these mechanisms are often treated as functionally interchangeable in practice and regulation, their doctrinal foundations, legal implications, and ethical orientations differ substantially. This article revisits ḥiwālah and Islamic factoring through a maqāṣid al-sharīʿah–based legal analysis, examining whether current regulatory and institutional practices genuinely reflect the objectives of Islamic law. Using a normative–comparative methodology, the study analyzes classical fiqh literature, Indonesian Sharīʿah fatwas, banking regulations, and relevant civil law provisions on receivables transfer. The article argues that the regulatory convergence of ḥiwālah and Islamic factoring has produced conceptual ambiguity and potential moral hazard, particularly in risk allocation and remuneration structures. It concludes by proposing a reconceptualization of Islamic factoring as a distinct Sharīʿah-compliant commercial instrument, rather than a mere extension of ḥiwālah, in order to strengthen legal coherence, Sharīʿah governance, and alignment with maqāṣid al-sharīʿah.
Regulating Palm Oil Zakat In Indonesia: Islamic Legal Politics, Normative Fragmentation, and the Quest for Legal Certainty
Palm oil is one of Indonesia’s most strategic commodities, contributing significantly to national income and sustaining millions of rural livelihoods. Despite its substantial economic value, palm oil has not been systematically regulated as a zakatable asset, resulting in low compliance and limited contribution to national zakat collection. This article examines the regulation of palm oil zakat in Indonesia through the lens of Islamic legal politics by analyzing three normative domains: classical Islamic jurisprudence (fiqh), national zakat legislation, and regional fatwas issued by Islamic legal authorities. Employing normative legal research with statutory, conceptual, comparative fiqh, and Islamic legal politics approaches, this study reveals that palm oil zakat occupies an ambiguous legal position due to the absence of explicit regulation and the coexistence of competing juristic interpretations. While classical fiqh provides divergent doctrinal foundations, Indonesian zakat law adopts a generalized approach, and regional fatwas intensify legal pluralism by issuing conflicting rulings. This normative fragmentation undermines legal certainty, weakens zakat compliance among palm oil producers, and limits zakat’s redistributive potential. The article argues that palm oil zakat should be understood not merely as a doctrinal fiqh issue but as a product of Islamic legal politics requiring normative harmonization. It contributes to the literature by conceptualizing palm oil zakat as a case of regulated Islamic philanthropy shaped by legal and political authority and proposes policy-oriented recommendations for regulatory unification through coordinated roles of the state, zakat institutions, and Islamic scholars
Palm Oil, Zakat, Regulation, Political Dynamics, Islamic Law
The Use of Al-Maslahah Al-Mursalah in The Ijtihad of Imam Ash-Shafi’i
The position of Imam al-Shafi'i regarding al-maslahah al-mursalah remains one of the most debated issues in Islamic legal theory. While the dominant view maintains that he rejected al-maslahah al-mursalah as an independent legal source, other scholars argue that he implicitly applied it through his legal reasoning. Existing studies primarily focus on determining whether Imam al-Shafi'i accepted or rejected al-maslahah al-mursalah, but they have not sufficiently explained the epistemological relationship between qiyas and al-maslahah al-mursalah within his legal methodology. This study aims to reconstruct that relationship by examining Imam al-Shafi'i's theory of qiyas and its application in selected fiqh cases. Employing normative legal research with conceptual, historical, and usul al-fiqh approaches, this study analyzes classical legal sources and relevant contemporary scholarship through qualitative and interpretative methods. The findings demonstrate that Imam al-Shafi'i rejected al-maslahah al-mursalah only as an autonomous legal proof (dalil mustaqill), while substantively integrating considerations of public welfare into the methodological structure of qiyas through the identification of 'illah and al-ma'na. Accordingly, maslahah functions not as an independent source of law but as the internal normative logic guiding analogical reasoning toward the realization of justice and the objectives of the Sharia (maqasid al-shari'ah). The novelty of this study lies in reconstructing Imam al-Shafi'i's legal methodology into an integrated epistemological model linking revelation, 'illah, al-ma'na, qiyas, and maslahah. This reconstruction contributes to contemporary usul al-fiqh scholarship by providing a more coherent framework for understanding Shafi'i legal reasoning and its relevance to addressing modern legal issues while maintaining fidelity to revealed sources.
Imam al-Shafi'i; al-maslahah al-mursalah; qiyas; usul al-fiqh; maqasid al-shari'ah.
Rekonstruksi Kehujjahan Syar'u Man Qablana dalam Ushul Fikih Kontemporer: Analisis Perbedaan Pandangan Ulama dan Relevansinya terhadap Ijtihad Modern
This study reconstructs the concept of the authoritativeness (ḥujjiyyah) of Shar'u Man Qablana within contemporary Usul al-Fiqh by re-examining classical scholarly debates and evaluating its relevance to modern ijtihad. Previous studies have predominantly focused on describing the divergent opinions of classical jurists regarding the legal status of pre-Islamic divine laws, while offering limited discussion on their epistemological reconstruction and practical significance for contemporary legal reasoning. Employing normative legal research, this study adopts conceptual, historical, comparative, and philosophical approaches. Primary sources consist of the Qur'an, Sunnah, and classical works of Usul al-Fiqh, complemented by recent scholarly literature on maqāṣid al-sharī'ah and contemporary Islamic legal theory. Data are analyzed through qualitative-prescriptive methods using grammatical, systematic, historical, comparative, and teleological (maqāṣid-based) interpretation. The findings demonstrate that the classical controversy over Shar'u Man Qablana reflects differing epistemological paradigms concerning the continuity of revelation and legal authority rather than a mere disagreement over the validity of earlier religious laws. This study argues that the classical legal-validity paradigm should be reconstructed into a legal-functionality paradigm by positioning Shar'u Man Qablana as an epistemological framework for identifying the continuity of universal legal objectives across prophetic revelations. As its principal contribution, this study proposes the Continuity of Maqāṣid-Based Reconstruction Model, which integrates the continuity of revelation, values, maqāṣid, and ijtihad into a coherent framework for contemporary Islamic legal reasoning. The model broadens the methodological role of Shar'u Man Qablana from a disputed subsidiary source of law to a dynamic interpretive framework capable of addressing emerging issues in Islamic law while preserving fidelity to the objectives of the Sharī'ah. This reconstruction enriches contemporary Usul al-Fiqh and provides a more adaptive methodology for modern ijtihad.
Copyright (c) 2024 Tabayyanu : Journal Of Islamic Law https://creativecommons.org/licenses/by-sa/4.0
Tinjauan Fiqih Muamalah Terhadap Akad Jual Beli Layanan Go-Food Pada Aplikasi Go-Jek
Currently, buying and selling transactions in Islam are growing rapidly, this is due to the development of the times and technology that has developed so much from time to time until now. From this development comes some of our study material, namely about transactions that are developing, one of which is some services in online applications, among others, Go-food in the Go-jek application. In this problem, of course, it raises challenges for Muslims to examine these developing transactions, whether they are in accordance with Sharia or otherwise. And in the above problems, the researcher raises the title that has been described above to become material for study in order to find out several types of contracts contained in the service application in the online application. In this study, researchers used a qualitative approach in the form of normative juridical, the method used was concept analysis. Research is carried out by looking for reference sources that are relevant to the study of the title to be researched above, reverence materials to be researched, such as from the latest journals, books, magazines, and other reference materials. So it can be concluded that the results of this study, it is found that in the lease agreement occurs between the service provider company, namely go-jek with service providers or ojek drivers. From the problem of this agreement whether it is in accordance with Islamic law or has not fulfilled Islamic law, and this is where the researcher is to study further about some of the contracts that have occurred in this problem. And this research can also help readers about the kinds of transaction contracts that have developed over time, and hopefully it can add insight to the readers about the discussion above.
Copyright (c) 2024 Tabayyanu : Journal Of Islamic Law
Pernikahan Usia Dini Dalam Perspektif Hukum Islam Dan Hukum Positif Indonesia: Rekonstruksi Batas Usia Perkawinan Berbasis Maqāṣid Al-Syarī'ah Dan Perlindungan Hak Anak
Child marriage remains one of the most persistent legal and social challenges in Indonesia despite the enactment of Law Number 16 of 2019, which equalizes the minimum marriage age for both men and women at nineteen years. The increasing number of marriage dispensations indicates that legal reform alone has not effectively prevented child marriage. Previous studies have predominantly discussed early marriage from either normative Islamic jurisprudence or statutory perspectives, while limited attention has been devoted to integrating Islamic legal objectives (maqāṣid al-sharī'ah) with child protection principles in evaluating the effectiveness of marriage age regulation. This study aims to analyze the compatibility between Islamic law and Indonesian marriage law regarding the minimum marriage age and to formulate a reconstruction of legal policy based on maqāṣid al-sharī'ah. This research employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials consist of Law Number 16 of 2019, the Compilation of Islamic Law, Constitutional Court Decision Number 22/PUU-XV/2017, and relevant judicial decisions. Secondary legal materials include classical Islamic legal literature, contemporary scholarly works, and international journal articles. The findings demonstrate that Islamic law does not prescribe a numerical minimum marriage age but emphasizes maturity (rushd), capability (istiṭā‘ah), and public welfare (maṣlaḥah). Therefore, Indonesia's minimum marriage age policy is consistent with the objectives of Islamic law in protecting religion, life, intellect, lineage, and property. Nevertheless, the broad application of marriage dispensations weakens the effectiveness of legal protection for children. This study proposes strengthening substantive judicial standards for marriage dispensation, integrating reproductive health education, and harmonizing religious values with child protection policies as a comprehensive strategy to prevent child marriage.
Child Marriage; Islamic Law; Marriage Law; Maqāṣid al-Sharī'ah; Child Protection.
Legal Capacity of Individuals with Bipolar Disorder in Islamic Marriage Law: Integrating Ahliyyah al-Adā’ and Maqāṣid al-Syarī‘ah
Marriage in Islamic law is founded upon the principles of legal capacity (ahliyyah), mutual consent, and the realization of maqāṣid al-sharī‘ah through the protection of religion, life, intellect, lineage, and property. Nevertheless, the increasing prevalence of bipolar disorder has generated complex legal and ethical questions regarding the legal capacity of affected individuals to enter into marriage and to perform the reciprocal rights and obligations arising from the marital contract. Existing scholarship has predominantly examined bipolar disorder from isolated perspectives, including marriage validity, child custody, or disability rights, without providing an integrated legal framework that reconciles classical Islamic jurisprudence, contemporary mental health knowledge, and Islamic family law. This study aims to reconstruct the concept of legal capacity for individuals with bipolar disorder in Islamic marriage law by integrating the doctrine of ahliyyah al-adā’ with the objectives of maqāṣid al-sharī‘ah. Employing normative juridical research, the study combines statutory, conceptual, comparative, and Islamic jurisprudential approaches. Primary legal materials consist of the Qur'an, Sunnah, classical fiqh literature, Indonesian marriage legislation, the Compilation of Islamic Law, and selected judicial decisions, while secondary materials include recent peer-reviewed international journals on Islamic family law, disability studies, and psychiatric research. The study demonstrates that bipolar disorder should not constitute an automatic legal impediment to marriage. Rather, legal capacity must be determined through an individualized assessment of cognitive competence, decisional autonomy, psychological stability at the time of the marriage contract, and the ability to fulfil marital obligations. The article proposes a reconstructed framework in which ahliyyah al-adā’ is interpreted dynamically through the lens of maqāṣid al-sharī‘ah, emphasizing transparency regarding mental health conditions, protection of both spouses, and proportional legal safeguards instead of categorical exclusion. This reconstruction contributes to contemporary Islamic family law by harmonizing classical jurisprudential doctrines with modern psychiatric knowledge and human rights principles while strengthening substantive justice in Muslim family law.
Konsep Keadilan Pada Pernikahan Poligami : Analisa Politik Hukum Islam di Indonesia
Polygamous marriage is a form of marriage that has existed in human civilization for centuries. A husband has more than one wife so the potential for being unfair to his wives and children is very possible. Therefore, there is a need for a concept of justice in polygamous marriages and a policy is needed to formulate and implement it in society. The problem in this research is what is the concept of justice in polygamous marriages according to Islamic philosophers and legal experts ? What is the politics of Islamic law in Indonesia so that justice is realized in polygamous marriages ? The aim of this research is to formulate the concept of justice in polygamous marriages and explain the legal politics to realize justice in polygamous marriages in Indonesia. Philosophers and Islamic legal experts agree that the concept of justice in polygamous marriages is moral justice (al-qistu al-fardi) and social justice (al-adlu al-jama'i). There are two Islamic legal policies to realize justice in polygamous marriages, namely first formulating the rules for polygamous marriages written in Law No.1/1974, PP No.9/1975 and KHI, and secondly state and government intervention to grant permits for polygamy, determining the reasons may engage in polygamy, determine the conditions for polygamy and ratify the contents of the marriage agreement.
Analisis Hukum Islam terhadap Legalitas Transaksi Cryptocurrency di Indonesia: Pendekatan Ushul Fikih dan Regulasi Keuangan Digital
The rapid expansion of digital financial technology has transformed contemporary financial systems and accelerated the emergence of cryptocurrency as a new form of digital asset. Its growing adoption has generated complex legal debates concerning its legitimacy under both Indonesian positive law and Islamic law. Existing studies predominantly examine cryptocurrency through the normative concepts of gharar, maysir, and riba, while relatively few integrate the methodology of uṣūl al-fiqh, maqāṣid al-sharī‘ah, and Indonesia's evolving digital financial regulatory framework. This study aims to analyze the legality of cryptocurrency transactions from the perspective of Islamic law by integrating uṣūl al-fiqh, maqāṣid al-sharī‘ah, and Indonesia's digital financial regulations. This research employs normative legal research using statutory, conceptual, and uṣūl al-fiqh approaches. Primary legal materials consist of the Qur'an, Hadith, statutory regulations, and relevant religious fatwas, while secondary materials include scholarly books and peer-reviewed journal articles. Data were analyzed qualitatively through descriptive and analytical methods. The findings demonstrate that cryptocurrency is not recognized as a lawful means of payment under Indonesian law but is legally acknowledged as a regulated digital asset within the national digital asset trading framework. From the perspective of Islamic law, cryptocurrency may be classified as māl (property) rather than thaman (money), and its legal status cannot be determined categorically. Instead, its legality depends upon the purpose of the transaction, compliance with applicable regulations, the absence of prohibited elements such as excessive gharar, maysir, and riba, and its consistency with the objectives of maqāṣid al-sharī‘ah, particularly the protection of property (ḥifẓ al-māl) and public welfare (maṣlaḥah). This study contributes to the literature by proposing an integrative legal framework that combines uṣūl al-fiqh, maqāṣid al-sharī‘ah, and digital financial regulation to formulate contextual parameters for assessing the legality of cryptocurrency transactions in Indonesia's contemporary digital economy.
Financial Technology Berdasarkan Prinsip Syariah dan Model Penggunaan Akad Dalam Fintech Syariah : Kajian Terhadap Fatwa DSN MUI
The rapid development of Financial Technology (fintech) has significantly transformed the global financial system, including the Islamic financial sector. In Indonesia, the emergence of sharia-based fintech reflects the increasing demand for digital financial services that comply with Islamic legal principles. However, the implementation of fintech within the framework of Islamic law raises important juridical issues, particularly regarding the validity and application of contracts (akad) used in digital financial transactions. This study aims to analyze the concept of sharia fintech based on Islamic principles and examine the models of contracts applied in sharia fintech according to the fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). This research employs a normative juridical method using a statutory and conceptual approach by analyzing relevant DSN-MUI fatwas, Islamic legal doctrines, and related regulations concerning technology-based financial services. The findings reveal that sharia fintech must operate in accordance with fundamental Islamic principles by avoiding elements of riba (usury), gharar (uncertainty), and maisir (gambling). Furthermore, the study identifies several permissible contracts used in sharia fintech, including al-ba’i, ijarah, mudharabah, musyarakah, wakalah bi al-ujrah, and qardh. These contracts function as the primary legal instruments for ensuring sharia compliance in digital financial transactions. This study contributes to the development of Islamic economic law by providing a juridical analysis of sharia contract implementation in contemporary fintech practices and reinforcing the role of DSN-MUI fatwas as normative legal foundations for digital Islamic finance in Indonesia.
Financial, Technology, Fatwa, DSN MUI, Akad, Sharia
Gugat Cerai Karena Suami Tidak Memberi Nafkah Menurut Undang-Undang Perkawinan dan Hukum Islam
This study examines divorce lawsuits filed by wives due to the husband’s failure to provide maintenance (nafkah) from the perspective of Indonesian Marriage Law and Islamic family law. Marriage in both national and Islamic legal systems aims to establish a harmonious family characterized by tranquility (sakinah), affection (mawaddah), and compassion (raḥmah). However, neglect of maintenance obligations has become one of the dominant causes of divorce cases in Indonesian Religious Courts. This research employs a normative juridical method using statutory and conceptual approaches. The analysis focuses on Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and Islamic legal doctrines regarding maintenance obligations and divorce. The study finds that providing maintenance is not only a moral and religious responsibility but also a legal obligation of the husband. Failure to fulfill this obligation continuously may serve as a legitimate legal basis for a wife to file for divorce before the Religious Court. The research further demonstrates that neglecting maintenance constitutes a violation of the wife’s civil rights and contradicts the fundamental objectives of marriage under both Indonesian law and Islamic legal principles. The novelty of this study lies in its integrative analysis combining national marriage law, Islamic family law, and the concept of civil liability (wanprestasi) within marital relations. This study contributes to strengthening legal protection for wives and emphasizes the importance of enforcing maintenance obligations to preserve justice and harmony in family life.
Pembaruan Hukum Islam dalam Perspektif Ijtihad Imam al-Syafi'i: Analisis Transformasi Qaul Qadim dan Qaul Jadid terhadap Dinamika Perubahan Sosial
The dynamic development of society has generated various emerging legal issues that require continuous renewal within Islamic legal thought. In this context, Imam al-Shafi'i's ijtihad through the transformation from qaul qadim to qaul jadid represents a significant model of Islamic legal reform, demonstrating that fiqh is not a static body of law but is capable of reformulation in response to social, cultural, political, and intellectual changes while maintaining the authority of the Qur'an and Sunnah as the primary sources of Islamic law. Although studies on qaul qadim and qaul jadid have been widely conducted, most remain descriptive and historical, with limited attention given to their epistemological significance and their relevance to contemporary Islamic legal reform, particularly within the Indonesian legal context. This study aims to analyze the transformation of Imam al-Shafi'i's legal reasoning, identify the factors underlying his revision of legal opinions, and examine its implications for contemporary Islamic legal development. This normative legal research employs conceptual, historical, and usul al-fiqh approaches. Data were collected through library research using Imam al-Shafi'i's primary works, classical Islamic legal literature, and recent national and international scholarly publications, which were analyzed using qualitative descriptive methods. The findings reveal that the transition from qaul qadim to qaul jadid should not be understood as inconsistency but rather as evidence of methodological flexibility in Islamic legal reasoning that accommodates stronger textual evidence, changing social realities, local customs, and public interest (maslahah) within the framework of Islamic legal methodology. This study argues that Islamic legal reform should integrate textual authority, methodological rigor, and contextual awareness. It contributes theoretically by reaffirming that legal renewal is an inherent epistemological process within the Islamic legal tradition and offers practical implications for the development of Indonesian Islamic law in addressing contemporary societal changes while preserving its normative legitimacy.
Sumber Qawaid Fiqhiyyah Dalam Lintas Mazhab dan Pengembangannya Dalam Studi Hukum Islam
Qawā'id fiqhiyyah constitute one of the essential methodological foundations in Islamic legal reasoning, functioning as a bridge between detailed juristic rulings (furū‘) and broader legal principles. Although numerous studies have examined Islamic legal maxims, most of them focus on individual schools of law or the application of universal legal maxims in specific legal fields. Comparative studies that comprehensively examine the primary sources of qawā'id fiqhiyyah across the four Sunni schools of law and analyze their contribution to the development of contemporary Islamic legal studies remain relatively limited. This article aims to analyze the principal sources of qawā'id fiqhiyyah within the Hanafi, Maliki, Shafi'i, and Hanbali schools while examining their methodological characteristics and their relevance to the contemporary development of Islamic law. This study employs normative legal research based on library research using historical, comparative, and doctrinal approaches. Primary data are derived from classical works of qawā'id fiqhiyyah representing each school of law, while secondary data consist of scholarly books and recent academic publications. The findings demonstrate that each school developed legal maxims according to its own epistemological framework and legal methodology, resulting in distinct patterns of legal reasoning despite sharing several universal principles. The comparative analysis further indicates that the diversity of legal maxims across the schools enriches Islamic legal methodology and provides a flexible framework for addressing contemporary legal issues in areas such as Islamic finance, digital technology, bioethics, environmental protection, and public policy. This study contributes to strengthening comparative studies of Islamic legal maxims and highlights their continuing significance as an adaptive methodology for contemporary Islamic legal development.
Rekonstruksi Tujuan Hukum dalam Perspektif Hukum Barat dan maqāṣid al-syarī‘ah : Analisis Filosofis terhadap Keadilan, Kemanfaatan, dan Kemaslahatan
The purpose of law is a fundamental topic of discourse in the philosophy of law and Islamic law because it is directly related to the orientation of norm-setting, the enforcement of justice, and the protection of human interests. This article aims to analyze a comparison of the purposes of law from the perspectives of Western law and Islamic law, emphasizing the relationship between the concepts of justice, legal certainty, utility, and maqāṣid al-syarī‘ah. This study employs a normative legal method with a philosophical and conceptual approach through a literature review of contemporary works on the philosophy of law, ushul fiqh, and maqāṣid al-syarī‘ah. The results of the study indicate that Western law generally prioritizes justice, legal certainty, and utility as the primary orientations of law, although these three objectives often exist in a dynamic and conflicting relationship. Meanwhile, Islamic law views law not only as serving to maintain social order but also as realizing human welfare holistically through the protection of religion, life, intellect, lineage, and property. This study affirms that the maqāṣid al-syarī‘ah possesses a more comprehensive dimension compared to Western legal purpose theories because it is not only oriented toward worldly interests but also integrates moral, social, and spiritual dimensions. This article contributes to the development of contemporary Islamic legal philosophy, particularly in fostering a theoretical dialogue between Western legal traditions and the maqāṣid al-syarī‘ah in the context of modern society.
legal objectives, philosophy of law, maqāṣid al-sharī‘ah, Islamic law, public interest.