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Astri Yulisti Datau; Mutia Cherawaty Thalib; Julisa Aprilia Kaluku

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the wife's right to support after polygamy from the perspective of legal protection. Marriage is a sacred thing that gives rise to rights and obligations for husband and wife, one of which is the husband's obligation to provide support for his wife. However, in practice, there are still cases where the legal wife does not receive support from her husband after the husband commits polygamy. This shows that there are problems in fulfilling the wife's right to support after polygamy. This research aims to analyze the legal protection of legal wives' rights to support after polygamy. The research method used is an empirical method with a statutory and case approach, and uses observation and interview data collection techniques. The research results show that legal protection for legal wives' rights to support after polygamy is inadequate, both in the Marriage Law and the Compilation of Islamic Law.

Anida Atulloh Hanifa; Siti Ngainnur Rohmah; Taufiqurachman Taufiqurachman

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Waste management is a significant issue in Indonesia, including in Indramayu Regency, with the volume of waste increasing annually, necessitating proper handling to mitigate its negative impact on health. This study focuses on waste management at Ma'had Al-Zaytun from the perspectives of Regional Regulation No. 12 of 2016 of Indramayu Regency and Islamic law. A qualitative research method was employed, utilizing observation, interviews, and document analysis, with qualitative data analysis techniques. The findings indicate that waste management at Ma'had Al-Zaytun aligns with Article 15 of the Regional Regulation by implementing waste reduction through limiting plastic use and recycling, and waste handling through sorting, collecting, transporting, and processing food waste. However, the use of open dumping and incineration methods requires further evaluation to enhance effectiveness and minimize negative impacts. From the perspective of Islamic law, waste management at Ma'had Al-Zaytun complies with the principles of Fiqh Al-Biah, which emphasize environmental preservation, pollution prevention, reducing excessive consumption through recycling, and reforestation through tree planting—reflecting a commitment to creating an eco-friendly Islamic educational environment.

Muhammad Ammar Raihan Prasetyo; M. Cikal Rayhan Putra Nada; M. Haris Abdillah

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This paper discusses how Islamic law (Syariah) demonstrates flexibility in various aspects of modern life, including economics, technology, and social customs. Five specific examples of flexibility are explored to show how Syariah adapts to modern challenges. The study examines Islamic finance, medical technology, and cultural adjustments to illustrate that Syariah provides practical solutions while maintaining core principles.

Gusti Meidyna Nafiazka; Fathia Rizki Maulana; Mutia Audini

VitaMedica : Jurnal Rumpun Kesehatan Umum 2024 STIKES Columbia Asia Medan

Pregnancy caused by forced sexual intercourse is a very difficult issue for women, especially for Muslim women. Due to a lack of knowledge about the permissibility of abortion in the context of sexual violence with a focus on the implications of Islamic law, Muslim women as victims, their families, and medical professionals face difficulties in making informed decisions on this issue. The purpose of this article is to analyze the Islamic legal perspective on abortion in these circumstances and examine the legal protections available to victims of sexual violence. In addition, the article examines the characteristics of mothers and infants as living beings, with particular emphasis on the distinction between the right to life of the fetus and the right to health and well-being of the mother. The article provides suggestions for the harmonization of victim protection laws and policies using a multidisciplinary approach. It also provides recommendations for the harmonization of laws, victim protection policies, and the provision of comprehensive health services, to ensure a balance between justice and the protection of human rights.

Aliya Azizah; Puteri Nabila Rahman

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Euthanasia, also known as “Assisted Suicide”, is the deliberate act of ending a person's life to relieve their suffering that cannot be relieved by treatment. This has sparked debate in various fields, including in the field of Islamic law or syariah. In the perspective of syariah law, life is considered a gift from Allah that must be fully protected. Protection of life is the main goal of Syariah (maqasid al-shariah). Therefore, Islam strictly prohibits any attempt to end life intentionally, including euthanasia. According to syariah law, only Allah has full rights over a person's life and death. Euthanasia is considered a violation of the basic principles of syariah which prohibit killing, whether of oneself or another person. Although reasons such as suffering and pain are often used to justify euthanasia, in the view of syariah, suffering is considered a test that must be faced with patience and devotion to Allah. This article aims to examine in depth the view of syariah law towards lethal injection.

Khalishah Hanif Ervindra; Dzakira Latifa Az-Zahra; Rifdah Buya Harmaidah

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The role of ventilators as life-support devices in critical care has prompted ethical and religious discussions within Islamic perspectives, particularly regarding end-of-life decisions. Islam mandates the preservation of life as a sacred duty under the principle of hifz an-nafs (protection of life), balanced with the prohibition of excessive measures (israf) and avoidance of unnecessary suffering (la darar wa la dirar). This study explores Islamic perspectives on the use of ventilators by integrating modern medical ethics with Islamic jurisprudence, aiming to provide nuanced guidance for healthcare providers and Muslim families. Employing a qualitative document analysis, this research examines fatwas from various Islamic institutions and relevant ethical theories in Islamic law. Findings indicate significant variability among Islamic rulings, where some permit the withdrawal of ventilators under specific medical prognoses, while others advocate continued use as long as signs of life persist. The study underscores the need for comprehensive, practical Islamic medical guidelines to support healthcare providers and patients' families in making informed, ethical decisions in critical care situations.

M. Rifky Syahmanda; Muhammad Wijdan Wiradibrata; Ghifari Muttaqien Dermawan Pramono

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Gestational surrogacy is a form of surrogacy in which a woman carries and gives birth to a child without any genetic relationship to the baby. In this process, the egg from the biological mother and the sperm from the biological father are combined through in vitro fertilization (IVF), and the resulting embryo is implanted into the surrogate mother's womb. After giving birth, the surrogate mother hands the baby over to the couple or individual who arranged the surrogacy, in exchange for financial compensation for her service. Although gestational surrogacy offers several benefits, this practice raises numerous questions from an Islamic perspective, such as its legality, the lineage of the child born, and the social and ethical impact it has on the Muslim community. This paper focuses on analyzing Islamic views on gestational surrogacy and the accompanying implications of Sharia law. The article employs a qualitative method with discussions covering the definition of surrogacy from an Islamic perspective, Sharia legal analysis of surrogacy practices, as well as the social and ethical impact that arises in the Muslim community.

Zulfa Sukarno; Fahma Nabila; Cleo Rafhael Putri Rahmanata

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study examines the legality of pig valve transplantation in humans from an Islamic perspective, with the aim of understanding the differences of opinion that exist among scholars and medical professionals. This literature review identified two main views: first, arguments in favor of the use of pig valves in emergency situations, which adhere to the principle that patient safety should be the top priority. Proponents of this view argue that in critical conditions, such as heart failure, the use of pig valves can be justified to save lives, given the limited halal alternatives available. Second, there is a view that rejects the use of pig valves, arguing that the laws of halal and haram in Islam cannot be ignored, even in a medical context. Opponents argue that more sharia-compliant solutions should be sought, such as the use of valves made from synthetic materials or halal animals. This study shows that the legal issue of pig valve transplantation is multidimensional, encompassing medical, ethical, and religious aspects. Therefore, a constructive dialogue is needed between scholars, medical practitioners, and the community to find a solution that is acceptable to all parties, while respecting Islamic principles in medical decision-making.

Abdul Latif Khan

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This article discusses the concept of mujtahid or fakih in Islamic jurisprudence, the requirements that must be met by a mujtahid, and the development of ijtihad from time to time. In addition, this article also explains several famous mujtahid figures in Islamic history and their roles in the formation of sharia laws.

Rozzak Nawwir Qolby; Sitti Shaquila Dzakirah; Alya Putri Babelinda

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to explore Islamic legal views on euthanasia, particularly in the context of terminally ill patients. Using a literature study approach, this study analyzes Quranic verses, hadiths, and the views of scholars on euthanasia, which is generally rejected in Islamic law. As an alternative, palliative care is identified as a more appropriate ethical solution, focusing on alleviating pain and improving the patient's quality of life. This study also underlines the importance of dialogue between health professionals and scholars to develop care protocols that comply with sharia principles. These findings suggest the need for better education and training for health professionals on medical ethics in the context of Islamic law. In doing so, it is hoped that health practices can better respect religious values ​​and meet patient needs more effectively.

M. Bahrul Ulum

Moral : Jurnal kajian Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The Independent Curriculum is a program from the Ministry of Education and Culture of the Republic of Indonesia that focuses on developing student competencies through a student-centered approach. This curriculum aims to shift learning from memorization and exam patterns to strengthening critical thinking skills, problem solving, effective communication, and cooperation. In Islamic education, fiqh learning has an important role because it discusses Islamic laws related to everyday life, such as worship, muamalah, and manners. This study used a qualitative descriptive method and was implemented at MTs NU Slorok for 9th grade students. The results of the study showed that the implementation of the Independent Curriculum in fiqh learning was carried out by integrating national character values, such as honesty, tolerance, and cooperation. These values are emphasized in the learning process and exemplified through everyday behavior. In addition, this curriculum also encourages student creativity and innovation by providing space to develop ideas in applying Islamic law in real life.

Naila Azzahra; Azkia Zahra Safa; Luthfina Noor Afrila

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research examines the practice of plastic surgery from the perspective of Islamic law, which is increasingly relevant in the modern era with increasing aesthetic demands. Plastic surgery is divided into two types: reconstructive, which is permitted for medical purposes, and aesthetic, which is generally prohibited if not supported by clear medical reasons. This study is based on the principles of maslahah and madlorot, as well as the ijtihad of the ulama, which shows that medical procedures are permissible if they bring benefits and avoid harm. This research also highlights the challenges Muslims face due to unrealistic beauty standards, especially on social media, which often conflict with religious values. The research results show the importance of religious education that emphasizes self-acceptance and building a community that supports diversity in appearance. Suggestions for ethical medical practice in plastic surgery are also proposed, so that the procedure is in line with Islamic principles. In this way, it is hoped that Muslims can navigate modern demands without sacrificing religious values.

Muslim Marpaung; Irma Suryani Lubis

International Journal of Economics, Management and Accounting 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study examines the transformation of waqf in the digital era through the waqf crowdfunding model and cash waqf savings products from the perspective of Maqashid Syariah. Waqf, which is traditionally manifested in the form of immovable assets, has now developed into movable assets such as cash waqf, supported by Law No. 41 of 2004. Digital innovations, such as waqf crowdfunding, allow wider community participation with small amounts for productive social projects, while cash waqf savings products in Islamic banking manage funds productively with the proceeds channeled to education, health, and public infrastructure. Despite having great potential in socio-economic development and in line with the Hifdzu Maal principle in Maqashid Syariah, the implementation of digital waqf still faces challenges such as unclear regulations, lack of public awareness, risk of mismanagement, and limited investment. This study uses a qualitative descriptive approach, case studies, and normative-sociological with in-depth interviews, documentation, and literature studies as data collection techniques. The research subjects were selected through purposive sampling. Data analysis using the Miles and Huberman interactive model, as well as triangulation of sources and methods for data validity. The results of the study are expected to provide theoretical contributions and practical recommendations for the management of digital waqf that is professional, transparent, and beneficial to the community.  

Hamam Hamam

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this research is to find out Al-Shatibi's fatwa perspective. This research uses a type of library research. The research carried out is descriptive in nature where the researcher collects words instead of a series of numbers for this research, which in essence these words can provide an overview or present existing problems and solutions. The data analysis used is content analysis. A fatwa is a response to a question asked by a fatwa seeker (mustafti>). Whether questions are asked by individuals, institutions or collectives. In general, fatwas are issued in response to questions about current shari'ah problems. The legal basis (the arguments for the enactment of a fatwa are as stated in the Qur'an). The position of a fatwa in the Islamic legal system is very important considering that social problems are increasing day by day and becoming more complex. Moreover, a fatwa is an explanation of sharia law for certain problems which are not all people can understand it. The ways to give fatwa according to al-Shatibi are divided into three: a). With the words (bi al-Qaul)., b). By deeds (bi al-Fi'il), c). and determination (bi al-Iqrar). As for determining a fatwa with words, this is the model of determining that is considered the most widely used. by a mufti>. Meanwhile, determining a fatwa by deeds occupies the position of the model of determining a fatwa by words because this second model is an explanation (al-Mus}}rih} of the first model of determining a fatwa. The concept of al-Sha>tabi>'s fatwa is a theory that was born in his time with a portrait of life that is of course different from today. Therefore, there are three things which – according to researchers – still leave "records" that need to be studied more deeply, namely al-d}aru>riyya>t al-khams, al-istiqra>' al-ma'nawi>, changes fatwa and its understanding of heresy

Miranda Alfisah Suwardi; Liza Amilea Rahman; Sagati Fourrizqiyah

Jurnal Mahasiswa Ilmu Kesehatan 2024 STIKes Ibnu Sina Ajibarang

This article discusses the family planning program in Indonesia from an Islamic perspective. Indonesia, as a country with the largest Muslim population, faces challenges in managing population growth. Family planning, which began in 1968, aims to improve family welfare by regulating the number and spacing of children. Although there is controversy among the public regarding the acceptance of this program, many scholars consider it a positive step if done with good intentions. The research method used is journal review and descriptive, focusing on the views of scholars and related literature. This article explains the definition of family planning, its objectives, the types of contraceptives used, as well as the views of Islamic law regarding its implementation. Some scholars state that the use of temporary contraception is permissible, as long as it does not absolutely deny the gift of offspring. In contrast, permanent methods such as vasectomy and tubectomy are prohibited unless there are medical reasons. In conclusion, Islam provides room for the practice of family planning under certain conditions, promoting family welfare and reproductive health without violating the principles of sharia.

Yanto Hasyim

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of nikah sirri (unregistered marriage) in Indonesia presents critical challenges in family law, particularly concerning the legal status of children born from such unions. This study examines judicial determinations of child origin by the Religious Courts as a legal mechanism to grant civil legitimacy to children from nikah sirri. Using a normative qualitative approach and analyzing two court decisions (No. 0648/Pdt.P/2018/PA.Lmj and No. 1731/Pdt.P/2022/PA.Jr), the research explores how judges consider the principles of justice, legal certainty, and legal utility through the lens of Gustav Radbruch’s legal philosophy. Findings reveal that judicial reasoning in these cases transcends procedural formalism, reflecting an ethical commitment to the holistic protection of children’s rights. The study applies the Maqasid al-Shari’ah framework to evaluate how such rulings align with the five fundamental objectives of Islamic law (protection of life, lineage, property, intellect, and religion). The legal recognition of a child’s nasab and entitlements is shown to fulfill both statutory requirements and Islamic ethical standards of justice. Thus, this research underscores the need to strengthen the synergy between state law and Islamic moral values, positioning the court not merely as a formal legal apparatus, but as a transformative institution in achieving substantive justice in society.

Muhammad Mulyadi; Raisya Aurora A; Rihan Dwi Putri; Kurniati Kurniati

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to delve into the method of ta’arudhal-adillah in understanding legal evidence for resolving legal issues within the context of Islamic law. A qualitative approach is employed using library research, facilitating an in-depth analysis of relevant Islamic legal literature. The primary findings indicate that the principles of al-jam'u wa al-taufiq, which combine various evidences to reach holistic conclusions, and the concept of nasakh, which addresses the abrogation or alteration of laws based on newer evidences, are pivotal in understanding the interaction and hierarchy of legal evidences. This study provides profound insights into how legal evidences influence each other and are applied in contemporary Islamic legal practice, highlighting their relevance in meeting the legal needs of modern societies.

A. Adillah Zahiyah Djaka; Adelia Nurinsan; Muhammad Aldi Dahr; Kurniat Kurniat

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Rules in Islam such as Amm and Kash as well as Amr and Nahi are used to understand Islamic law. Where these rules are the basis of Ushul fiqih, which discusses the methodology of determining Islamic law. This study uses a literature research method to understand how these rules are used to understand amm and kash as well as amr and nahi in Ushul fiqih. This data is collected from various written sources such as books, journals, literature and scientific publications. The rule of 'amm and kash' is used to understand the verses of the Qur'an and Hadith. "Amm means general rules and kash means special rules. " Therefore, these rules help determine the laws that apply in general and specifically in Islam. For example, the rule of "amm" can be used to understand verses that are generally applicable to all Muslims, while the rule of khash can be used to understand verses that apply specifically to certain situations. Amr and Nahi are used in understanding Islamic law. Amr means command and nahi means prohibition. These rules are crucial in determining which laws to follow or avoid in Islam. For example, amr can be used to understand the command to pray, and nahi can be used to understand the prohibition of adultery. The results of this study show that the rules of "Amm, Khash, Amr, and Nahi" are very important in enforcing Islamic law. An in-depth study of these rules will help to understand the meaning of sharia statements (Al-Quran and Hadith) more accurately and comprehensively. Misunderstandings in interpreting sharia provisions can be fatal. Therefore, understanding these rules is an important means of avoiding misinterpretation or misleading. This study will also enrich the treasures of Islamic science, especially in the field of Ushul fiqh and Islamic Law. Understanding these rules will help Muslims gain a deeper and more comprehensive understanding of their religious teachings and enable them to practice them more accurately and responsibly. Therefore, this research will help Muslims to face various situations and problems in daily life more wisely.

Ira Nazhifatul Qalbah; Wildan Taufiq; Badruzzaman M Yunus

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2024 CV. ALIM'SPUBLISHING

This study discusses the interpretation of verses of the Qur'an related to the illegal taking of other people's property, especially in the context of the confiscation of corruptor assets, based on the views of Muhammad Quraish Shihab (Tafsir Al-Misbah), Hamka (Tafsir Al-Azhar), Ibn Kathir (Tafsir al-Qur'an al-'Azhim), and Wahbah Zuhaili (Tafsir al-Munir). This study uses a qualitative method with a library research approach to conceptually examine various things that are correlated with corruption from the perspective of the Qur'an. Therefore, this study is a type of qualitative and thematic research through literature review, namely by writing, reducing, and presenting data and analyzing it, as well as the theory of maqashid sharia and jinayah. The results of the study show that the commentators support the confiscation of corruptors' assets as a legitimate action in Islam, by the principles of maqashid al-syariah, especially the protection of property (hifz al-mal). Quraish Shihab emphasizes the importance of asset confiscation to restore justice and protect society. Hamka sees this action as a just punishment that also restores the rights of society. Ibn Kathir emphasizes that corruption must be punished strictly to prevent greater damage. Wahbah Zuhaili emphasizes the authority of the government in upholding justice and preventing injustice, including through the confiscation of illegal assets. This interpretation provides a strong theological basis for the policy of asset confiscation as part of the enforcement of Islamic law, emphasizing that such action is necessary to maintain balance and stability in society.  

Faathir Janwar; Affandi Harlanda Baros; Yulia Febrianti; Kurniati Kurniati

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Ushul Fiqh is the science of law in Islam which studies rules, theories and sources in detail in order to produce Islamic law taken from these sources. Knowledge of the postulates of fiqh as a whole and the procedures for deriving legal conclusions from them as well as the conditions under which the conclusions are drawn. Ushul Fiqh is also a science that discusses the basic rules (principles) in understanding Islamic law from its detailed sources, namely the Al-Quran and Hadith which relate to human actions that are burdened by law (mukallaf), both regarding matters of action. everyday birth. Fiqh with all its laws is a product of Ushul Fiqh. In understanding religious texts, Ushul Fiqh scholars use various rules, including mutlaq, muqayyad, mujmal, and mubayyan. This journal discusses the important role of these four rules in the process of understanding and interpreting religious texts.