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Nor Harika; Ilham Perdana A; Khairunnisa Khairunnisa

This research examines the implementation of the Islamic legal maxim "Al-'Ādatu Muḥakkamah" (custom can be established as law) in the context of Indonesian traditional marriages. Using a normative-empirical approach, the article analyzes the foundations of this maxim from the Qur'an and Hadith, as well as its application to the traditional marriage practices of the Dayak Ngaju and Banjar communities. The findings indicate that the Palaku tradition among the Dayak Ngaju community and the Jujuran tradition among the Banjar community demonstrate compatibility with Islamic legal principles through the application of the Al-'Ādatu Muḥakkamah maxim, although certain aspects require adjustment. This article also elaborates on efforts to harmonize Islamic law and customary law within Indonesia's national legal system. The research concludes that the Al-'Ādatu Muḥakkamah maxim provides a theoretical foundation that enables the accommodation of local cultural values within the framework of Islamic law, thus creating a legal system relevant to the socio-cultural context of Indonesian society.

Mawaddah Mawaddah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of sanctions against wealthy customers who delay payments in the perspective of DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000. The study was conducted at PT. BPRS Alwashliyah Gunung Krakatau Medan with a normative and empirical legal approach. The results of the study indicate that the application of sanctions against customers who delay payments is an effort by banks to maintain the smoothness of the financing system. The application of the DSN-MUI fatwa provides a legal basis for Islamic banks in imposing sanctions on wealthy customers who neglect to fulfill their obligations. This fatwa also strengthens the position of banks in the Indonesian civil law system.

Ali Murtadho Emzaed; Ilham Perdana Akbar; Muhammad Afriza Rifandy; Ahmad Arif Setiawan; Syaifullah Syaifullah

Zakat is one of the pillars of Islam that must be fulfilled by every Muslim who meets specific conditions. Linguistically, zakat means “clean,” “pure,” “fertile,” and “blessed,” while in Islamic terminology, zakat refers to a specific portion of wealth that must be given to those who are entitled to receive it according to Islamic law. Zakat serves both social and spiritual purposes, namely purifying wealth and the soul, as well as reducing social inequality within society. There are various types of zakat, such as zakat al-fitr and zakat on wealth (zakat al-mal). Through the proper implementation of zakat, it is hoped that economic justice, social solidarity, and the overall welfare of the Muslim community can be achieved.

Laudza Hulwatun Azizah; Khairunisa Khairunisa; Vichi Novalia; Maulina Maulina; Ali Murtadho Emzaed

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Background Cash waqf is an innovation in waqf asset management that provides flexibility and greater economic potential in the context of Islamic law. In Islamic law, cash waqf is defined as the handing over of cash for social and religious purposes, which is then managed to produce benefits for society. In Indonesia, regulations regarding cash waqf have been regulated in statutory regulations, including Law no. 41 of 2004 concerning Waqf, which provides a legal framework for more effective management of waqf. However, challenges in implementing cash waqf still exist, including outreach to the community, lack of understanding of this concept, and management mechanisms that are not yet optimal.

Tiara Jelita Andalusianti Roozan; Diah Ajeng Pangestu; Adinda Berliana Rizkita Anjani; Vanesa Alexandra Caniago; Hasrinda Rizqi Pramassari +3 more

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

This study examines the concept of hibah (gift) in Islamic law and its implementation in the Compilation of Islamic Law (KHI) in Indonesia. Through juridical-normative analysis, the research investigates how Islamic law principles regarding hibah have been transformed into national legislation through KHI and evaluates their implementation in religious court practices. The findings reveal that KHI has successfully harmonized Islamic jurisprudence with national legal requirements, particularly through articles 210-214, which regulate hibah procedures including limitations on gift amounts, beneficiary rights, and documentation requirements. However, challenges persist due to KHI's relatively weak position in the legal hierarchy as a Presidential Instruction rather than formal legislation, creating potential conflicts with other regulations. The study recommends strengthening KHI's legal status, updating its provisions to address contemporary issues, standardizing hibah procedures, and providing judges with appropriate discretionary space to ensure both legal certainty and substantive justice in hibah disputes.

Azka Habibah; Tajul Arifin

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the sanctions against premeditated murder within the framework of Indonesia's positive law and Islamic law. The study focuses on analyzing Article 340 of the Indonesian Criminal Code and Hadith Sahih al-Bukhari No. 6878 as primary sources. The method employed is descriptive-analytical with a normative juridical approach, using literature review and qualitative analysis. The findings reveal that both legal systems regard premeditated murder as a serious violation of the right to life. The imposed sanctions aim not only to punish but also to protect social stability and uphold human dignity. The maqāṣid al-sharī‘ah approach, particularly the principle of protecting life, serves as a fundamental basis for these sanctions. This study recommends the integration of substantive justice values and the protection of the right to life in the future development of the national criminal law system.

M.Iqbal M.Iqbal

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

Drivers who frequently experience fictitious orders face significant psychological impacts. Stress and frustration are common reactions when they have to face situations where they have used time and resources to respond to orders that are not taken or canceled without clear reasons. The research methodology used in this study is a qualitative approach with a case study method. The qualitative approach was chosen because it aims to understand in depth the legal impact of combining sales and purchase agreements and debts on fictitious online motorcycle taxi order transactions, especially from the perspective of online motorcycle taxi drivers. The case study method was chosen because it allows researchers to investigate in depth one particular case, namely online gofood drivers in Desa Tengah, Pancur Batu, who experienced financial losses due to fictitious orders. Based on the findings of this study, it can be concluded that fictitious orders in online motorcycle taxi services, as analyzed in the context of combining sales and purchase agreements and debts according to Islamic jurisprudence, have significant impacts both in terms of law and psychology. Legally, this practice violates the principle of a valid contract according to the fiqh of Al Masyqhul la Yusyghal, because it involves elements of fraud that are detrimental to drivers. Psychologically, drivers experience stress, frustration, and anxiety that have the potential to disrupt their overall well-being.

Dina Ramadhani; Khadijah Khairatun Nisa; Frea Puspita Damayanti; Lina Marlina

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This paper focuses on the legal thought of Imam Malik bin Anas through a social historical approach. This study represents a relatively new area in Islamic legal scholarship, and therefore, it has garnered limited attention from academics. Imam Malik is one of the four imams of the Sunni schools of thought, known as ahlu hadits. Throughout his life, he never left the city of Madinah except for the pilgrimage to Mecca. His residence in Madinah, the place where the Prophet lived, greatly supported his ability to address various legal issues, most of which could be resolved through hadith. The environment of Madinah, characterized by relatively simple social problems, also influenced Imam Malik's approach. Although he is recognized as ahlu hadits, he was nonetheless affected by the use of reason in ijtihad due to the social conditions of his time. This is evidenced by his application of principles such as the practices of the people of Madinah (Amal ahli Madinah), the fatwas of the companions (sahabat), qiyas (analogical reasoning), al-maslahah mursalah (public interest), az-zari'ah (preventive measures), and al-'urf (custom) in deriving Islamic law. Like other schools of thought, Imam Malik regarded the Qur'an and hadith as primary sources in legal decision-making.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Naila Luthfiyana; Faren Darnuansyah; Septina Sari Handayani

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the human rights protected by several national and international legal instruments is freedom of opinion. In a democratic country like Indonesia, it is protected under Article 28e Paragraph (2) and (3) of the 1945 Constitution and Article 19 of the Universal Declaration of Human Rights. However, in Islam, freedom of opinion is not absolute, meaning that it has a basis based on Sharia principles to uphold the common good. This study uses a qualitative literary analysis method in conjunction with a descriptive-analytical approach with relevant aspects of Islamic law and national regulations. According to the results of the study, Islam encourages behavior that is consistent with the law and does not conflict with Sharia principles, such as not requiring slander, hoaxes, or division. As stated in positive legal regulations, the state also has an obligation to maintain harmony between individual rights and public welfare. Therefore, it is necessary to align Sharia law and the right to freedom of opinion to create a democratic society that still respects religious norms.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Tya Nur Ramadani; Widya Nur Hidayah; Elok Salmah Nasicha

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

In the current digital era, technological advances have brought considerable changes, which can be seen in the way individuals gather information, interact, and play an active role in social life. The concept of citizenship is no longer limited to the physical world, but has expanded to the digital. In the digital sphere, everyone has rights and obligations, including maintaining communication ethics, protecting personal privacy and others, and taking part in more positive activities. As in the Islamic view, in the digital world, people must always participate and be based on sharia principles, such as honesty, responsibility, and respect for the rights of others. This study aims to examine the role of digital citizenship in the perspective of Islamic law, which uses a qualitative approach and normative analysis. The results of this study also show that there are several aspects that are influential in the digital era such as the importance of protecting personal data as part of the main objective of sharia, maintaining communication ethics by prioritizing the principles of politeness and honesty, and preventing the spread of hoax information. Islam also strongly emphasizes the importance of hate speech and bullying among virtual communities. In addition, freedom of expression in the digital sphere must be accompanied by moral responsibility to anticipate conflicts.With this understanding, Muslims are expected to contribute to creating a digital space that is safer, healthier, harmonious, and in accordance with sharia teachings

Ghina Aulia Rizky; Muhammad Afriza Rifandy; Muhammad Ferdy Hasan; Lisnawati Lisnawati

Qawāʿid fiqhiyyah are a set of legal maxims or principles used in the science of fiqh to understand and interpret Islamic law. The term “qawāʿid” means rules or principles, while “fiqh” refers to a deep understanding of Islamic law. Thus, qawāʿid fiqhiyyah function as general guidelines in deriving legal conclusions from sharia texts. This study specifically examines the application of qawāʿid fiqhiyyah in the context of siyāsah fiqhiyyah, or Islamic political jurisprudence. Siyāsah fiqhiyyah refers to the principles of Islamic law applied in political and governmental affairs. In this context, “siyasah” refers to the management of public and state matters based on Islamic legal values. The main objective of applying these principles is to ensure that governmental policies and actions align with sharia and aim at achieving the welfare (maṣlaḥah) of the people. This research aims to explore how legal maxims play a role in shaping a normative framework for public policy within an Islamic governance context. Using a qualitative approach and literature review, the analysis shows that the integration of qawāʿid fiqhiyyah and siyāsah fiqhiyyah is essential in establishing a just government that adheres to Islamic principles and promotes public welfare. The findings are expected to contribute to the body of knowledge in Islamic legal studies, particularly in offering contextual solutions for the challenges of modern governance.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Fatimah Azhari; Aqila Najma Nurfaizah; Kenanta Khansa Ulinnuha

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The dual citizenship policy in Indonesia is a complex issue within national law and has various implications, including from the perspective of Islamic law. Islamic law does not explicitly regulate the concept of citizenship in the modern sense but has principles that can be used to analyze this policy, such as al-wala’ (loyalty), mu’ahadah (agreements), and maqasid al-shariah (the objectives of Islamic law). This study employs a normative juridical method with a conceptual and comparative legal approach to understand how Islamic law can contribute to assessing Indonesia's dual citizenship policy. The findings indicate that although Islamic law does not explicitly prohibit dual citizenship, certain principles must be considered, such as loyalty to the state and justice in legal relations. Therefore, the implementation of the dual citizenship policy in Indonesia should take into account aspects of Islamic law to align with the national legal identity based on Pancasila and the values of justice.

Ahmad Muhammad Mustain Nasoha; Ahfiya Nur Atqiya; Fina Fitria Nugroho; Davynna Nooraini Immawati; Coreana Akashi Nur Utami

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Communication has an important role in building awareness of Islamic law among Muslim citizens. Through effective communication, Islamic legal norms and rules can be understood, internalized and applied in everyday life. This article discusses the role of communication in increasing awareness of Islamic law by analyzing various communication approaches, such as da'wah, education, and social media. By using literature review methods from various scientific sources, it was found that modern communication media, such as social media, are increasingly playing a role in conveying the message of Islamic law to the younger generation. In addition, persuasive and educational da'wah has proven to be an effective means of increasing understanding and compliance with sharia law. However, challenges such as disinformation on social media remain obstacles that need to be overcome with digital literacy based on Islamic values.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur; Ananda Aulia; Rosyidatul Husna; Gayatri Kartika

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This article discusses citizenship status in Islamic law, focusing on case studies of Muslim minorities in non-Islamic countries, while considering the dynamics of national law and human rights. The research highlights that in Islamic law, citizenship is often associated with membership in the ummah, although modern Muslim states have adopted contemporary citizenship systems. Developments in Indonesian citizenship policies in the last five years, particularly concerning migration and the rights of foreign nationals married to Indonesian citizens, are also analyzed. However, the implementation of these policies faces challenges due to inconsistencies between national law and Islamic principles related to religious identity. The perspective of Islamic law emphasizes the safeguarding essential rights and human worth, in addition to fairness in the treatment of all individuals. The integration of muslim communities residing in western nations poses challenges in distinguishing the majority from extremist minorities. Additionally, equality, the liberty to make individual choices, and partnership are seen as key elements in shaping the societal lives of muslims across western regions. Therefore, a comprehensive understanding of the interaction between national laws and Islamic principles is needed to guarantee the safeguarding of the rights of muslim minorities worldwide.

Noor Izzati Amelia; Vichi Novalia; M. Riyas Rasyid; Lisnawati Lisnawati

Qawaid al-Fiqhiyyah are fundamental principles in Islamic law that serve as guidelines for establishing legal rulings, including in the context of marriage registration. Although, in Islam, the validity of a marriage is determined by the fulfillment of its pillars and conditions, marriage registration becomes crucial in state law to ensure legal certainty and provide protection for married couples and their children. The application of fiqh principles such as "Harm must be eliminated" and "Preventing harm takes precedence over obtaining benefits" indicates that marriage registration is necessary to prevent various legal and social issues. Furthermore, this registration aligns with the principle of maslahah (public benefit) in Islamic law, which aims to safeguard the rights of spouses and their offspring. Therefore, although marriage registration is not a requirement for a valid marriage in Islam, from a legal and public welfare perspective, it plays a highly significant role.

Mozza Naiara Fawwaz; Fauziah Nur Firdausha; Ayu Dwi Lestari; Lina Marlina

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Al Ghazali and a series of ideas related to Islamic economics discuss usury in terms of achieving an integrated community economy, as well as an analysis of the Kredivo application in that context. Al Ghazali argues that usury is contrary to the function of money as a medium of exchange and a measure of value, therefore causing suffering and accumulating wealth in only a few people. He classifies two types of usury: usury an nasi'ah and usury al-faḍl, both of which are prohibited in transactions between similar goods. Lending money with interest in the context of the Kredivo application certainly violates Islamic law as the first reason, and is also related to the point that usury is contrary to the economic principles stated by Al Ghazali. Al Ghazali shows the sharia attitude that opposes arbitrary control and management of assets by emphasizing awareness of justice. Therefore, through the analyses above, it becomes clear why Kredivo is easily labeled as haram because it has the potential to harm many people, many people who are certainly not supported by welfare.

Rubby Aziz Zaura Kamal; Iqbal Abdul Azis; Vivi Firda Silvia; Lina Marlina

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Islam, as a perfect religion, teaches the values of honesty, justice, and transparency in various aspects of life, including economics and business. The prohibition of Tadlis (fraud in transactions), Ihtikar (hoarding goods for unfair profit), and Ghulul (corruption or betrayal of public trust) has been emphasized by Prophet Muhammad (PBUH) to protect society from harmful economic practices. This study aims to analyze the 2025 Pertamina corruption case from the perspective of Islamic prohibitions against Tadlis, Ihtikar, and Ghulul. This research employs a qualitative approach using a case study method, relying on secondary data from scholarly journals, news articles, and other relevant literature. The findings reveal that the corruption case reflects Tadlis through the manipulation of fuel quality information, Ihtikar through unfair price control, and Ghulul through the misappropriation of public funds, resulting in state losses amounting to trillions of rupiah and eroding public trust in the government. The study highlights that corruption is not only a violation of state law but also a moral crime that contradicts Islamic principles. The application of Islamic legal values, such as Ta’zir sanctions in the form of fines, asset confiscation, and severe punishments, can serve as preventive and repressive measures against corruption. Thus, this study aims to contribute to strengthening anti-corruption policies based on Islamic ethics while promoting transparency and justice in national economic governance.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Nabila Nurul Heptarina; Zulfa Rahma Putri Junovi; Jamiatun Niswah Nayli Muhammada

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The development of digital technology can change the way Islamic da'wah is conveyed, through social media platforms. Digital da'wah can make it easier to spread Islamic teachings more widely, in depth and easily accessed by various groups. However, behind this convenience, there are big challenges in aspects of Islamic law, especially related to the validity of information, ethics in preaching, and the potential for spreading teachings that are not in accordance with Islamic law. This research aims to examine the challenges of Islamic law in dealing with the digital da'wah phenomenon, especially in the spread of Islamic narratives on social media. The research method used is a literature study with a qualitative approach, which analyzes various literature related to Islamic law, ethics of da'wah, and the phenomenon of digital da'wah. The research results show that digital da'wah has great potential in spreading Islamic teachings, but also faces various challenges, such as a lack of supervision of Islamic content, the emergence of preachers without adequate knowledge, and the commercialization of da'wah which can obscure the essence of conveying Islam. Therefore, regulations and a deeper understanding of the principles of Islamic law are needed in preaching in the digital era so that da'wah.

Noor Izzati Amelia; Nur Najwa; Noor Halimah; Nor Harika

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Waqf is a significant instrument in Islamic teachings that functions not only as a form of worship but also plays a strategic role in enhancing the social and economic welfare of society. However, in practice, waqf often faces various legal challenges, such as the validity of the waqf declaration, the appointment of nazhir (waqf managers), and conflicts between heirs and beneficiaries. This study aims to provide a comprehensive understanding of the strategic position of waqf, analyze the root causes of legal issues that arise in its management, and evaluate the role of the Religious Courts in resolving waqf disputes fairly. The research method used is normative juridical, with a literature review approach focusing on Law Number 41 of 2004 concerning Waqf and various relevant legal sources. The findings reveal that waqf disputes commonly involve issues of legality, asset exchange or sale, and the annulment of waqf declarations. The study also identifies disparities in judicial decisions, influenced by differences in the judges’ educational backgrounds and legal approaches. Therefore, there is a need to strengthen national jurisprudence as a reference in waqf-related cases, provide training for nazhir to enhance professionalism, improve the capacity of judges in Religious Courts, and promote legal education among the public. These efforts are expected to create a more just, consistent, and effective dispute resolution system, thereby supporting the productive and sustainable management of waqf assets.

Defitri Arifah Zulfikar

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Financing in Indonesia, especially banks, is very important, especially for business actors, this is a natural thing considering that banks have a strategic role in national development in order to realize a just and prosperous Indonesian society. Regulations regarding Sharia financing are regulated in Law No. 10 of 1945 and Article 1 number 2 of Law No. 10 of 1998 concerning amendments to Law No. 7 of 1992 concerning Sharia Banking (hereinafter referred to as the banking law) defines a bank as a business entity that collects funds from the community in the form of deposits and distributes them back to the community in the form of credit and/or in the form of claims in order to improve the standard of living of the people, but there is an inconsistency in the regulation in terms of guarantees. This legal provision continues until the implementation of the Sharia Banking Law, because there are no legal regulations governing sharia guarantees, therefore in terms of sharia banking practices, the guarantee procedures used by conventional banking are still applied, namely fiduciary guarantees and mortgage rights.