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Nurmayani Nurmayani; Siti Zahara; Cinta Febby Dewita; Indri Wahyuni; Putri Khairi Izwani +1 more

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

Divorce is a complex social phenomenon with significant impacts on families, especially children. In Islamic law, divorce is permitted as a last resort when household life cannot be maintained, although it is considered the most hated lawful act by Allah. This study analyzes divorce from the perspective of Islamic family law, focusing on the causal factors, legal impacts, and preventive measures. The main factors of divorce include disharmony in relationships, economic problems, the presence of a third party, and domestic violence. The legal impacts include child custody, division of property, and maintenance obligations, which are often not fulfilled by the ex-husband, causing inequality in legal protection for women and children. Recommended preventive measures include premarital education, family counseling based on Islamic values, and strengthening mediation institutions such as BP4. This study uses qualitative methods with literature analysis to provide a comprehensive understanding of divorce in Islamic law and its implications in Indonesia.

Muhammad Afifuddin; Mahdum Zahid

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Maqashid Syariah, or the objectives of Islamic law, is an important concept in understanding Islamic law that focuses on achieving good and preventing harm. In the period of the Companions and Tabi'in, this maqashid became the basis for legal decision-making and religious practices. This study aims to analyze how the Companions and Tabi'in implemented maqashid sharia in the social, political, and economic contexts of their time. Meanwhile, the research method used in this journal is library research. The findings show that the Companions and Tabi'in did not only focus on legal texts, but also considered the social impact of legal decisions, thus creating justice and social welfare.  

Nur`aini Jihan Wijayanti

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage dispensation is a granting of marriage permit by the court to prospective husband and wife who are not yet 19 years old to get married. The granting of this permit has a significant impact on the rampant child marriage. Moreover, the author found a decision granting marriage dispensation on the grounds of having lived together for five months as stated in the Decision of the Larantuka PA/83/PDT.P/PA. LRT. From this background, the author is interested in finding out whether the granting of marriage dispensation on the grounds is in accordance with Islamic Law, the Marriage Law and the Child Protection Law or not. This study was conducted using a qualitative juridical method by examining library materials. The results of the study indicate that the granting of marriage dispensation on the grounds has not met the provisions of Islamic Law, the Marriage Law and the Child Protection Law. This is because there is still a lack of sufficient evidence to accept the application for marriage dispensation in the form of a health certificate and a mental age test to determine the health, both physically and mentally, of the child. Thus, the decision does not reflect the best interests of the child in the form of the right to health insurance for children.

Alwan Azis Mustafa; Adhi Prapaskah Hartadi; Cupian Cupian

JUREKSI (Journal of Islamic Economics and Finance) 2025 STIKes Ibnu Sina Ajibarang

Coffee shops have grown rapidly as part of a modern lifestyle, particularly in Tasikmalaya City, which is known as a city of Islamic boarding schools with a majority Muslim population and high religiosity. However, there are still many coffee shops in the city that have not been registered for halal certification, leading to confusion among Muslim consumers regarding what is permissible to consume according to sharia law. This issue highlights the need for clear information on halal products to help Muslim consumers make informed choices when visiting coffee shops. Therefore, the purpose of this study is to examine the effect of halal brand awareness, viral marketing, and service quality on the brand image of coffee shops in Tasikmalaya City. The study uses a quantitative approach with a survey method. Data were collected through questionnaires, which were distributed both online and directly to Muslim generation Z coffee shop consumers in Tasikmalaya City, with a total of 131 respondents. The sampling method used was purposive sampling. Data analysis was conducted using the Structural Equation Modeling (SEM) technique with the help of SmartPLS 4 software. The results of the study indicate that halal brand awareness, viral marketing, and service quality have a positive and significant effect on the brand image of coffee shops in Tasikmalaya City. These findings suggest that improving halal brand awareness, leveraging viral marketing strategies, and providing excellent service quality are essential for enhancing the brand image and attracting more Muslim consumers to coffee shops in the city.

Jeshika Basaria Tambunan; Zakki Adlhiyati

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to analyze the evidentiary strength of descente in disputes over the division of joint property based on a study of decision number 4757/Pdt.G/2022/PA.Tgrs, as well as examining the judge's considerations in granting a lawsuit based on a study of decision number 4757/Pdt.G/2022/PA.Tgrs. This research uses a normative approach with a case study method. The results of the research show that the strength of descente is independent (vrij bewijsleer), but not binding (dwingend bewijsleer). This means that the results of the descente do not absolutely determine the judge's decision, the judge's decision is still based on a free assessment of all evidence relevant to the case. The judge's considerations in this case stipulate that joint property must be divided fairly, namely that each party is entitled to half of the joint property, as regulated in Article 37 of Law Number 1 of 1974 and Article 97 of the Compilation of Islamic Law. The judge's considerations also show that the principles of justice and legal certainty are a priority, with reference to legal provisions governing the fair distribution of joint property. The decision taken accommodates the interests of both parties, and confirms that the absence of one party in the trial does not prevent decision-making based on the available evidence.

Achmad Rizal Maulana; Abdur Rahim; Munawir Sajali

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Indonesia has a land area of 1,919,440 km², comprising 17,508 islands, with a total territory of 5,193,250 km², including maritime and exclusive economic zones. This maritime potential supports the country's abundant natural resources. This study aims to examine the role of Ma’had Al-Zaytun in revitalizing Indonesia's maritime culture based on Law Number 32 of 2014 and Islamic Law. The research employs a normative juridical approach, using primary data sources such as Law Number 32 of 2014, the book Fiqh al-Bi’ah (Environmental Jurisprudence), and other related literature. The findings indicate that Ma’had Al-Zaytun plays a significant role in the vision of Indonesia's maritime culture. The institution integrates a maritime curriculum, including a program for Maritime Vocational Islamic High Schools, to enhance students' understanding of maritime heritage. Ma’had also established the Samudra Biru Port as a learning facility and a means to manage post-harvest marine products, supporting ecological practices based on Fiqh al-Bi’ah. This approach aligns with Islamic law, which promotes environmental preservation for communal welfare. The development of fishing vessels and marine product management reflects the institution's commitment to sustainable maritime resource stewardship. Thus, Ma’had Al-Zaytun serves as a model for integrating education and resource management in line with Islamic legal principles.

Vinda Nurul Hidayatul Aiman; Achmad Mukhsin

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

The diversity of schools of jurisprudence in Islam, such as Hanafi, Maliki, Syafii, Hanbali, and Shia, reflects various legal approaches that develop according to their respective social, cultural and historical contexts. The four Sunni schools of thought have different methodologies, but are still based on the Koran and Hadith. The Hanafi school of thought is known to be flexible in its legal interpretation, while the Maliki school prioritizes the practices of the people of Medina. Syafii stands out for his systematic use of hadith, while Hanbali is more strict in following authentic hadith. The Shia school of thought with its distinctive characteristics also enriches the understanding of Islamic jurisprudence. This diversity shows that Islamic law is dynamic and contextual, allowing adaptation to changes in time and place. Therefore, Muslims need to prioritize tolerance and respect differences. The diversity of sects is not a cause of division, but rather a means of deepening religious understanding and practice. Dialogue between schools of thought is the key to strengthening unity, increasing mutual understanding, and creating harmony in social life.

Rifka Siti Khuzaimah; Muhammad Husni Abdulah Pakarti; Diana Farid; Husain Husain; Ulummudin Ulummudin +1 more

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

During the time of Rasulullah SAW, Muslims did not need certain rules in understanding sharia law. After the spread of Futuhat Islamiyah, Arab Muslims interacted a lot with other nations who had different languages. On the other hand, the need for ijtihad is very urgent, because there are many new problems that have never occurred before and require clarity in fiqh law. So two large madrasahs emerged that reflected their ijtihad method - the Ahlir-ra'yi Madrasah used more qiyas (analogies) to generate heated debates, thus making the ulama feel the need to create written regulations that were recorded as common law in uniting these two madrasas. The hadith about being more careful in giving fatwas and qiyas gave rise to heated debate, making the ulama feel the need to make written rules which were recorded as joint laws in uniting the two madrasas. Imam Syafi'i was the first person to write a book about ushul fiqh-Imam Syafii was a great mufti of the Muslim community who was also the founder of the Syafi'i school, developing his school in Baghdad. Ushul fiqh is the postulates of fiqh which are global in nature - The object of the discussion is to study the postulates which are still of a general nature seen from their general legal provisions and the ultimate aim of studying them is to protect the Islamic religion from deviations and misuse of the postulates of the Shari'a, so that misleading carelessness does not occur.

Nur Azka Wahida; Berliana Setyaningrum; Ahmad Lutfi Abdillah

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The development of modern sharia law requires a multidisciplinary approach to education. This article examines how Islamic education can utilize various disciplines, such as technology, economics, and social sciences, to support a contextual understanding of sharia law. This study also highlights the challenges and opportunities in developing an Islamic education model that is able to face the changing times.

Azahra Khairun Nisa; Diva Nabila Millati; Elza Novemiyawati

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article discusses the importance of integration between Islamic education and sharia law in building the character of the young generation who have noble morals and have strong legal awareness. With a theoretical and practical approach, this study explores how the Islamic education curriculum can be aligned with the values ​​of sharia law through holistic learning methods. This study also presents a case study of the successful implementation of this integration in several educational institutions in Indonesia.

Atikah Rakhmawati; Dinda Nasya Atin; Tegar Catur Kurniawan

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Islamic education plays an important role in providing a deeper understanding of sharia family law to the community. This article reviews the concept of sharia family law, including marriage, divorce, and inheritance, and how Islamic education can be an instrument to improve the community's understanding of these issues. This study also identifies challenges in the implementation of sharia family law materials in Islamic educational institutions.

Afifah Novi Pujianingrum; Sri Katiwi; Amalia Khoirunisa

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The digital era brings new challenges for ulama in teaching Islamic education and sharia law to the community. This article discusses the strategic role of ulama in utilizing digital technology to effectively spread Islamic values ​​and sharia law. This study also includes an analysis of the positive and negative impacts of the digital era on the implementation of sharia law.

Jaya Mahendra; Bima Saputra Pradana

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article discusses the implementation of sharia law in the Islamic economic system in Indonesia, focusing on the challenges and opportunities faced. This research uses the method of literature study and interviews with Islamic economic practitioners. The results show that although the regulation of Islamic economics is growing, there are still challenges in terms of public understanding, limited competent human resources, and competition with conventional economic systems. Therefore, a more effective strategy is needed in improving Islamic economic literacy, strengthening regulations, and developing Islamic financial institutions in order to contribute more to the national economy.

Zaki Pradipta Ananda; Adit Pramana

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research discusses the role of fatwa of Indonesian Ulema Council (MUI) in the development of Islamic financial products in Indonesia. By using document analysis method and interviews with Islamic scholars and practitioners, this study found that MUI's fatwa has a strategic role in providing sharia legitimacy to various Islamic financial products. However, the main challenge faced is the lack of public understanding of the principles of Islamic finance.

Jhon Alwi Situngkir

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Compilation of Islamic Law consists of three books, namely book I on marriage, book II on inheritance, book III on endowments explained in Article 83. The Compilation of Islamic Law requires wives to organize household affairs is discrimination against gender, domestication of women causes unproductivity and marginalization of women from their essence as human beings. Fulfillment of political, economic, citizenship, education rights, and roles in the household must be fulfilled. And the division of husband and wife roles in the public and domestic environments is carried out through deliberation which leads to gender role justice. Gender justice in the household can be realized as long as men (husbands) can treat their wives and children fairly.

Dika Ramadhani Fauzan; Reza Ananta Putra

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research examines how Islamic education plays a role in raising awareness of sharia law among Muslim communities. Using a qualitative approach, this study explores the methods of teaching Islamic law in Islamic boarding schools, madrasas, and Islamic universities. The results show that Islamic education based on the understanding of the Qur'an and Hadith can increase awareness of sharia law and compliance with Islamic rules in daily life.

Hasna Amiroh Malda; Muhammad Husni Abdulah Pakarti; Diana Farid; Ais Surasa; Ulummudin Ulummudin

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Islamic law has a close relationship with the evolving social dynamics within Muslim societies. Social, cultural, and political changes demand flexibility in the application of Islamic law to remain relevant. This study employs a historical approach and descriptive analysis, focusing on two major phases in Islamic history: the Khulafaur Rasyidin phase and the Mulkan Jabariyyah phase. Data were collected through literature reviews of various primary and secondary sources. The findings indicate that Islamic law can adapt to social changes through the mechanisms of ijtihad and tajdid. However, its application must consider social, cultural, and historical contexts to avoid misinterpretation. Islamic law is not a static entity but a dynamic and responsive system that evolves with societal changes. With the right contextual approach, Islamic law can remain relevant in modern Muslim societies.  

Muhammad Fidlilal Ihsan Rakhmat; Muhamad Farudin; Suryo Damar Priluckito Hanjayanto; Ainul Fazhilla; Aulia Darusman +1 more

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Traditional marriage in Pulau Buaya Village is not just the union of two individuals, but also a bond between two large families that involves social, cultural, and economic aspects. The traditional marriage customs in this village have significant stages that reflect the values of collectivism and respect for ancestors. However, the majority of the community also adheres to Islam, which has its own legal rules regarding marriage. The interaction between customary law and Islamic law in marriage practices often results in adaptations or acculturation that do not always proceed smoothly. Some traditional customs sometimes conflict with the principles of Islamic law, creating challenges in balancing the preservation of traditions with adherence to religious teachings. This study uses a juridical-empirical method with a qualitative approach. Primary data is obtained through interviews and direct observation of traditional leaders, religious leaders, and couples who have undergone traditional marriages. Secondary data is gathered from literature studies on customary law and Islamic law. The findings show that the customary marriage law in Pulau Buaya Village has been adjusted to Islamic principles, but practices still exist that contradict Islamic law. The implications of this study are the need for an integrative approach in formulating marriage policies that respect cultural diversity while remaining in accordance with Islamic and national legal principles.

Sufiana Fahmi; Mukhtar Lutfi; Amiruddin K

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

Akad is an essential element in Islamic economic transactions as it serves as the foundation of the agreement between the involved parties. The underlying principles of Sharia in managing contracts include justice, honesty, equality, and trust, with the aim of creating fair transactions in accordance with Islamic law. This article aims to examine the principles of Sharia in managing contracts and their implementation in various forms of Islamic economic transactions, such as Islamic banking, microfinance, and Shariah compliant capital markets. The qualitative approach is used with normative analysis of classical and contemporary Islamic literature, as well as a review of modern practices. The study's findings indicate that proper Shariah-compliant contract management not only ensures the legality of transactions but also enhances trust and blessings in economic activities. By understanding these principles, it is hoped that the community and economic players can implement contracts more wisely and responsibly.

Muhammad Al-Fayyad Rafiqi; Abu Hanifah

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Maintenance is one of the important aspects of married life that is regulated in Islamic law. In this context, an understanding of the maintenance of poor husbands becomes very crucial, especially in the perspective of Imam Abu Hanifah. This study aims to examine Imam Abu Hanifah's view on the obligation of maintenance for husbands who are poor and its implications for the social and economic life of the family. This research methodology uses a qualitative approach with literature analysis from various sources, including fiqh books and scientific journals. The results show that even though the husband is poor, he still has the responsibility to provide maintenance according to his ability.