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Muh Arief Budiman; Muhammad Sauqi; Nor Anina; Nor Hikmah Sari

Jurnal Ekonomi dan Keuangan Islam 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The implementation of corporate zakat in Indonesia remains relatively low despite its significant potential to support national economic development. This study aims to analyze the strategic role of corporate zakat as an instrument for reducing tax burdens and its contribution to economic equality. This research employs a literature review approach by examining relevant academic sources. The findings indicate that corporate zakat of 2.5% is obligatory for business entities that meet the nisab and haul requirements. Based on Law No. 23 of 2011 and Law No. 36 of 2008, zakat distributed through authorized institutions such as BAZNAS or LAZ can be deducted from taxable income. Corporate zakat not only fulfills religious obligations but also plays a vital role in wealth redistribution through social assistance and productive capital for mustahik. Therefore, optimizing corporate zakat can serve as a strategic instrument to promote sustainable economic justice in Indonesia. Effective policies and outreach from the government are also needed so that companies are more encouraged to pay zakat in a timely and transparent manner.

Teguh Eka Prasetya; Zahra Shoibatun; Iman Nur Hidayat; Rashda Diana

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia is a country rich in cultural diversity, one of which is Javanese culture which is full of philosophical values ​​and symbolic meanings in every practice, including in the traditional wedding procession. One of the important rituals in Javanese traditional weddings is the Panggih Manten ritual, which represents the meeting between the bride and groom with various symbols of life, hope and blessings. Along with the development of the times and the flow of modernization, people's understanding of the philosophical meaning of the ritual has shifted. Some people still carry out this tradition as a hereditary custom without understanding the values ​​contained in it, even giving rise to debates regarding its suitability with Islamic teachings. This study aims to analyze the practice of the Panggih Manten ritual in Javanese traditional wedding traditions and review its suitability with the 'Urf argument in Islamic law. The research method used is qualitative with a juridical-normative approach, while the research location was carried out in Pengkol village, Mantingan District. The results of the study show that the Panggih Manten ritual is basically acceptable in Islamic law as long as it does not conflict with the principles of sharia. Based on analysis from the perspective of al-'urf, several aspects of the Panggih Manten ritual, such as muter asem (the act of making offerings), and the belief in disasters, contain elements that are inconsistent with Islamic law and could potentially lead to idolatry, thus being categorized as al-'urf al-fāsid. Therefore, the Panggih Manten tradition can be preserved through reinterpretation of its meaning and the elimination of elements that contradict Islamic teachings, thus aligning it with Islamic principles.

Anju Amelia; Nofiardi; Selvi; Nandita

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2026 CV. ALIM'SPUBLISHING

The tradition of marriage gift money (uang hantaran) in the Malay community of Melibur Village, Talang Muandau District, Bengkalis Regency, Riau Province, remains a customary practice preserved as a symbol of respect for the bride’s family and a sign of the groom’s seriousness. However, over time, its meaning has shifted toward materialism, as the amount is often determined by social status, educational background, and family prestige, potentially causing economic burdens, psychological pressure, delays, and even the cancellation of marriages. This study aims to describe the practice of uang hantaran and formulate an Islamic legal reconstruction of the tradition in accordance with the principle of simplicity. This research is a field research employing a qualitative approach. Data were collected through interviews, observations, and documentation, and were analyzed descriptively and analytically using the maslahahmursalah approach in Islamic law. The findings indicate that the practice of uang hantaran in Melibur Village is still maintained as part of local custom; however, its implementation has shifted from a symbolic function to a materialistic one, resulting in economic pressure on the groom’s family, psychological burdens on prospective spouses, and delays in marriage. From the perspective of maslahahmursalah, uang hantaran may be categorized as maslahahhajiyyah when determined flexibly and without imposing hardship, but it becomes mafsadah when the amount is excessive and causes harm. Therefore, the reconstruction of Islamic law regarding this tradition emphasizes that uang hantaran is not a legal requirement for marriage but rather a complementary customary practice whose determination should be based on deliberation, mutual consent, economic capability, and the principle of simplicity (taysir), so that it does not hinder the objectives of marriage in Islam.

Gusti Bayu Mandastana

International Journal of Islamic Educational Research 2026 Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

Islamic education in this era of disruption faces a double challenge: the demand for complex professional competencies and the moral degradation of students. Law No. 14 of 2005 has established four pillars of teacher competency, but this framework is often interpreted administratively and has not touched on the deeper ethical-spiritual foundations. This study aims to revitalize the concept of teacher competency by synthesizing the values of adab mu'allim from the book At-Tibyan by Imam An-Nawawi into modern teacher competency standards. This study uses a qualitative method with a Systematic Literature Review (SLR) approach. Data were collected through documentation of classical texts and indexed journal articles (2015-2025), then analyzed using the interactive model of Miles, Huberman, and Saldaña. The results show a strong overlap between the values of At-Tibyan and the Teacher and Lecturer Law. Personal Competence is strengthened by sincerity and muraqabah; Social Competence is deepened by rifq (gentleness); and Professional Competence is perfected by the concepts of itqan (validation of the chain of transmission of knowledge) and hirshu (fighting spirit). This integration offers a “Complete Teacher” paradigm who is not only technically professional but also has spiritual authority in shaping students' character in the digital age.

Aisyah Shofiyah Karimah; Ahmad Hanif; Addys Aldizar

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study aims to analyze the implementation of problematic murabahah financing settlement at KSPPS BMT Huwaiza Depok and assess its compliance with the DSN-MUI Fatwa Number 47 and 48 of 2005. The approach used is descriptive qualitative with the type of normative-empirical Islamic law research. Data were obtained through interviews, observations, and documentation, which were then analyzed descriptively comparatively between field practices and the provisions of the fatwa. The results of the study indicate that the settlement of problematic financing is carried out in stages, starting with a persuasive approach, issuing warning letters, to restructuring through rescheduling and collateral sales. The rescheduling practice is carried out without increasing the amount of debt, only adjusting the payment period, while collateral sales are carried out based on market prices with the principle of justice. In conclusion, the implementation of problematic murabahah financing settlement at KSPPS BMT Huwaiza is in accordance with sharia principles and the DSN-MUI Fatwa, although the sharia arbitration mechanism has not been implemented.

Illian hikma

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Marriage in Islamic law constitutes a sacred covenant (mīthāqan ghalīẓan) that carries theological, social, and juridical dimensions. Within this framework, the guardian (walī nikāḥ) plays a pivotal role whose legal status has long been contested across Islamic jurisprudential schools. This study examines the authority of the marriage guardian from three analytical layers: its doctrinal construction across the four major madhabs, its codification in Indonesian positive law, and its practical implementation in religious court jurisprudence. Employing a normative legal research method, this study draws on conceptual, statutory, and case approaches, with primary legal materials comprising Qur’anic verses, prophetic traditions, Law No. 1 of 1974, the Compilation of Islamic Law (KHI), and Ministerial Regulation (PMA) No. 30 of 2024. The findings reveal fundamental differences among the madhabs: the Shāfi‘ī, Mālikī, and Ḥanbalī schools treat the guardian as an essential pillar (rukun) of the marriage contract, whereas the Ḥanafī school views guardianship as a complementary element based on the concept of legal capacity (ahliyyah). Indonesian positive law, through Article 19 of the KHI, adopts the Shāfi‘ī position by designating the guardian as an obligatory rukun. The study further finds that the mechanisms of walī ‘aḍal (recalcitrant guardian) and wakalah al-walī (delegation of guardianship) serve as legal instruments that reconcile formal-procedural requirements with practical social needs, thereby affirming that guardianship norms function both as a religious requirement and as a state-administered mechanism for protecting women’s rights in marriage.

Putri Ruqiatul Hilal

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Marriage is a very strong contract (mistaqan ghalidan) to obey Allah's commands and carrying it out is an act of worship. The goal is to realize a household life that is sakinah, mawaddah, and rahmah. In the realization of a household with the bonds of marriage there are components that cover it, both in terms of regulations and legal concepts. Basically, a marriage agreement is a form of protection or protection if in the future there are things that are not desired by both parties such as death, divorce or bankruptcy, the legal basis regarding the marriage agreement itself has been regulated in the Compilation of Islamic Law and the Marriage Law Number 1 of 1974 and the Constitutional Court Decision No. 69 / PUU-XII / 2015, After the birth of the Constitutional Court Decision Number 69 / PUU / XII / 2015, the marriage agreement has changed both in terms of the time of creation and the institution that has the authority to ratify the marriage agreement.

Rayyan Fakhri; Ilyas Ismail; Zainal Abidin

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Article 210 of the Compilation of Islamic Law (KHI) limits gifts to a maximum of one-third of the donor’s assets as a form of protection for the rights of heirs and to uphold social justice. However, in practice, land gift deeds drawn up by PPATs/PPATSs are still found to exceed this limit, thereby giving rise to controversy and legal disputes in the form of lawsuits seeking the annulment of such deeds in court. This phenomenon indicates a disconnect between legal principles and practical implementation, leading to legal uncertainty. This study aims to analyze the legal status of land gift deeds that exceed the maximum limit, legal protection for bona fide donees, and the responsibility of PPATs in their drafting. The research method employed is a normative legal approach using legislative, conceptual, and case-based analyses, along with primary, secondary, and tertiary legal sources analyzed qualitatively. The results indicate that a land grant deed exceeding the maximum limit retains limited legal validity, specifically only for the portions compliant with the provisions of the KHI. Legal protection for the grantee can be guaranteed if there is consent from all heirs. Furthermore, the PPAT bears civil, criminal, administrative, and ethical responsibilities regarding the deed drafted. Therefore, strengthening regulations, enhancing public legal literacy, and ensuring the PPAT’s due diligence are necessary to guarantee legal certainty and reduce disputes.

Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.

Seftiani Futri; Talitha Darda Yusna; Ina Nurvina Sopiana; Lina Marlina

Jurnal Ekonomi dan Keuangan Islam 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Digital technology has, in many ways, altered the manner in which businesses function. This transformation touches on aspects like how products are developed, delivered, and sold. It opens up a range of possibilities for business owners to broaden their markets, boost profits, and make better use of online tools. At the same time, however, the digital age introduces certain difficulties. These include increased competition as well as risks related to practices that may conflict with sharia law—for example, charging interest, engaging in transactions with unclear risks, or producing counterfeit goods. The focus of this study is to examine the opportunities and challenges that businesses encounter in today’s digital world, viewed through an Islamic lens. The approach taken involves a review of existing literature, drawing from various sources dealing with digital commerce and Islamic economic principles. The results suggest that digital business ventures hold considerable promise, provided they are conducted with honesty, fairness, and transparency, while avoiding activities disallowed by sharia. This way, entrepreneurs can not only generate income but also develop their enterprises in a way that aligns with ethical and religious values.

Cicik Septiani Sugiarti

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

This study aims to analyze the influence of digital marketing through Instagram on purchasing decisions at UMKM Jamu Bu Bekti in Karawang Regency. The research uses a quantitative approach, with data collected through questionnaires distributed to consumers who have seen or purchased the products. The data analysis technique applied is regression analysis to examine the relationship between marketing content and promotional variables on consumer purchasing decisions.The results show that marketing content shared on Instagram does not have a significant effect on purchasing decisions. However, the content is considered quite attractive, informative, and helpful in providing product information to consumers. On the other hand, promotion has a positive and significant impact on increasing consumer interest and encouraging purchasing decisions. This indicates that consumers are more responsive to promotional strategies such as discounts, bonuses, or special offers rather than relying solely on content quality.These findings suggest that promotional strategies play a crucial role in digital marketing, especially for small and medium enterprises (SMEs). Therefore, business owners are advised to focus more on creating attractive, creative, and targeted promotional activities on social media to boost sales. This study is expected to contribute to the development of more effective, efficient, and sustainable digital marketing strategies for SMEs in the future.

Harianto Sitepu; Risnita Risnita; Hermanto Harun; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Drug misuse continues to be a complicated social and legal issue that has an impact on societal stability, public health, and personal wellbeing. Many criminal justice systems have moved away from punitive tactics in favor of rehabilitation-focused ones in recent years, especially for drug users who are frequently viewed as sufferers of addiction rather than serious criminals. The National Narcotics Agency (BNN) in Indonesia is implementing rehabilitation programs and restorative justice processes as a result of this change. This study investigates the efficacy of restorative justice in drug rehabilitation at Jambi Province's National Narcotics Agency and evaluates its applicability from the standpoint of Islamic law, specifically the framework of maqāṣid al-sharīʿah. The study uses a case study design and a qualitative methodology. Participant observation, document analysis, and in-depth interviews with BNN officials, rehabilitation counselors, medical staff, and ex-drug users were used to gather data. The results show that an integrated evaluation system that assesses drug users' physical, psychological, and social states in order to determine their eligibility for recovery is used to institutionally apply restorative justice principles. Combining medical care, psychological counseling, and social reintegration programs, the rehabilitation programs greatly aid in participants' recuperation, enhance psychological stability, and fortify familial ties. Additionally, by promoting individual responsibility, family support, and community involvement, restorative justice-based rehabilitation lowers the risk of recidivism. From the standpoint of Islamic legal philosophy, these actions are consistent with the goals of maqāṣid al-sharīʿah, specifically the defense of human dignity, life (ḥifḍ al-nafs), and intellect (ḥifḍ al-ʿaql). According to the study's findings, restorative justice-based rehabilitation is a compassionate and successful method of treating drug dependency while encouraging social reintegration and long-term recovery.

Josua Abimayu; Kamal Hasuna

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy plan to integrate parking fees into the Vehicle Registration Certificate (STNK), scheduled for nationwide implementation in 2027, has generated debate regarding contractual validity and fiscal justice. From the perspective of Islamic Economic Law, the transformation from a conventional pay-per-use retribution system to an annual prepaid system raises issues related to mutual consent (an-taradin) and the certainty of service benefits. This study aims to analyze the 2027 subscription parking policy using the framework of Maslahah Mursalah and the principle of distributive economic justice to assess its legitimacy as an instrument of public welfare. This research uses a normative legal method with conceptual and statutory approaches. Literature data are analyzed qualitatively through deductive reasoning to derive legal conclusions from general principles of Islamic economics in relation to contemporary fiscal policy. The findings indicate that the policy contains elements of Maslahah Mursalah, particularly in improving bureaucratic efficiency and preventing state revenue leakage (sadd adz-dzari'ah). However, from the perspective of distributive justice, the policy may contain elements of dzulm (injustice) if it is not supported by fair tariff segmentation. Without guaranteed service availability for all payers, mandatory annual parking fees risk being categorized as akl al-amwal bi al-bathil (unlawful appropriation of wealth). Therefore, a zoning-based tariff system is recommended to ensure fairness between obligations and benefits.

Ismed Batubara; Rini Novita; Dhani DS Hasibuan; Hengky Syahyunan; Indra Fajar

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the influence of local wisdom as a living law on personal data protection behavior, as well as assess the role of Islamic law ethics and digital literacy in the context of intimate digital crime in Indonesia. The background of this research is based on the increasing cases of misuse of personal data in the digital space that have not been fully responded to effectively through formal legal approaches. The method used a quantitative approach with a correlational explanatory design. Data were obtained through the distribution of a questionnaire based on the Likert scale to 150 respondents who were selected purposively, then analyzed using descriptive statistics, Pearson correlation, and simple linear regression. The results showed that local wisdom of alwasliyahan had a positive and significant influence on personal data protection behavior (β = 0.42; p < 0.05). Islamic legal ethics serve as a mediating variable that strengthens the relationship, while digital literacy provides a positive influence at a moderate level. These findings show that the internalization religious and cultural values plays an important role in shaping individual awareness and behavior in protecting personal data in the digital era. The conclusion of this study emphasizes that local wisdom can function effectively as a living law in supporting the protection of personal data. This research makes theoretical contribution the development of the study of Islamic law and the sociology of law, as well as practical implications for policy formulation that integrates formal regulations, cultural values, and digital literacy.

Dian Anggraini Sihombing; Muhammad Hizbullah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

Dasep Nurdin; Ahmad Syukri; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

For criminal justice systems, the growing number of young people involved in drug-related crimes is a serious problem, especially when it comes to striking a balance between law enforcement and child protection and rehabilitation. By contrasting viewpoints from Islamic law and Indonesian positive law, this study investigates the use of restorative justice in the processing of adolescent drug cases in Tanjung Jabung Barat Regency, Jambi. The study used a qualitative socio-legal methodology that integrates normative legal analysis with empirical field data gathered via observations, interviews, and document analysis involving law enforcement personnel, rehabilitation facilities, families, and community people. The results show that diversionary measures required by Law No. 11 of 2012 regulating the Juvenile Criminal Justice System are the main means by which restorative justice is applied in juvenile drug cases. In order to guarantee that children are not subjected to punitive detention but rather have options for recovery and social reintegration, these systems prioritize mediation, rehabilitation, and community involvement. From the standpoint of Islamic law, restorative justice is consistent with fundamental tenets like tawbah (repentance), islah (reconciliation), and the protection of human welfare, all of which place an emphasis on moral reform and the preservation of children's dignity. These ideas support the adoption of restorative measures in the resolution of adolescent drug offenses in Tanjung Jabung Barat, a sociocultural setting where Malay-Islamic beliefs have a significant impact on community life. The report does, however, also point out a number of difficulties, such as the lack of rehabilitation facilities, the societal stigma associated with juvenile offenders, and the inconsistent use of diversion by law enforcement. The study comes to the conclusion that a framework for handling juvenile drug cases that prioritizes the rehabilitation and future well-being of children is both culturally sensitive and legally sound when restorative justice ideas are integrated with Islamic legal values and Indonesian statutory law.

Andi Rachmat Indra; Ruslan Abdul Gani; Rahmi Hidayati; Abdul Halim

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

From the perspective of criminal liability theory, criminal policy, and Islamic law, sexual gratification is a form of corruption. According to positive criminal law, a person can only be held liable when three essential elements are fulfilled: an unlawful act, culpability (dolus or culpa), and the capacity for responsibility. However, in the context of public office, sexual gratification constitutes an unlawful act because it involves the acceptance of non-fina. Since the acceptance of sexual services within a power relationship usually indicates awareness of reciprocal policy gains, purpose (dolus) is frequently dominating. From the perspective of criminal policy, the restriction of sexual gratification reflects the growth of corruption as a white collar crime—a term coined by Edwin H. Sutherland—where abuse of power encompasses intangible rewards in addition to monetary transfers. According to Islamic law, sexual enjoyment constitutes two violations: it may be considered risywah (bribery) because of its transactional motive, and it may also be considered jarimah zina if it takes place outside of a legally recognized marriage. Such behaviors compromise the protection of property, ancestry, and religion through the framework of maqāṣid al-sharī‘ah developed by Abu Ishaq al-Shatibi in Al-Muwafaqat. The study comes to the conclusion that in order to guarantee accountability, protect public integrity, and promote social welfare, it is imperative to develop legal interpretation and evidential procedures.

Livia Naomi Rigawara

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

Kiki Heriyanto; Abdul Halim

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesia, illegal gold mining (PETI) is still a persistent environmental crime, especially in resource-rich areas like Bungo Regency, Jambi Province. The efficacy of local law enforcement is still in doubt, despite the fact that Article 158 of the modified Mining Law (Law No. 3 of 2020) offers a solid legal foundation for criminal penalties. The purpose of this study is to evaluate the efficacy of criminal law enforcement in Bungo Regency against PETI from the standpoint of Islamic law based on maqāṣid al-sharī‘ah. This study uses a juridical-empirical approach, combining pertinent court rulings, field data from law enforcement, and normative legal analysis. The results show that although legal measures like arrests and convictions have been carried out, they have not had a major deterrent effect. The overall effect of enforcement operations is weakened by structural issues, such as the economic dependence of local populations, the scarcity of alternative livelihoods, and the difficulties of prosecuting informal financiers. According to maqāṣid al-sharī‘ah, illicit mining is incompatible with the defense of basic principles, especially the preservation of life (ḥifḍ al-nafs), property (ḥifṢ al-māl), and environmental sustainability. The study comes to the conclusion that effective law enforcement necessitates an integrated strategy that combines preventive and rehabilitative tactics, such as economic empowerment, legal awareness campaigns, and regular supervision, with repressive measures. A more equitable, long-lasting, and socially conscious form of environmental criminal law enforcement is provided by combining positive law with the ethical framework of maqāṣid al-sharī‘ah.

Rifki Rifaat; Ziyadul Haq; Syamsul Ariyadi

Jurnal Budi Pekerti Agama Islam 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Pigs hold significant economic, social, and religious value in the Wamena community, becoming an integral part of their customary law. However, the Muslim minority in Wamena faces unique challenges, as they struggle to balance local traditions with Islamic law. This study aims to explore the interpretation of Ahkām verses among minority Muslims in Wamena and analyze the Islamic laws regarding the sale and purchase of pigs in this context. The research is qualitative, combining observations and literature studies. It examines the issues surrounding pig transactions in Wamena and reviews relevant Ahkām verses along with scholarly opinions. The study identifies four patterns in the religious understanding of Wamena Muslims: traditional religion, formal religion, rational religion, and a precursor method that combines traditional practices with reasoning and revelation. Tafsir Ahkām offers solutions for minority Muslims by considering the systematic approach to Ahkām verses, hadith, and the school of jurisprudence. Despite the prohibition of pigs in the Qur’an and hadith, Wamena Muslims’ engagement in pig transactions can be analyzed using fiqh aqalliyyāt principles, such as ijtihād tarjīhi and ijtihād ibdā’i, with an emphasis on gradual implementation and accommodating Islamic and customary laws for minority Muslims in Wamena.