Publication Search

95,605 articles from 887 journals · 2,123 citations tracked

Showing 1-4 of 4

Analytics

Muhammad Zirzis Zein; Fauzi Ardian

ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 LP3M INSTITUT KH YAZID KARIMULLAH

This study aims to analyze the phenomenon of childfree within Muslim families in Pekanbaru City from the perspective of maqasid al-shari‘ah. This research employs a qualitative method with a case study approach, utilizing interviews, observations, and documentation involving five informants selected through purposive sampling. The findings reveal that the decision to remain childfree is influenced by mental readiness, economic conditions, and social considerations, and is made through mutual agreement between spouses in a conscious manner. From the perspective of maqasid al-shari‘ah, having offspring is an important objective of marriage; however, childfree falls within the domain of ijtihadiyah and can be understood through the concept of maslahah mursalah. As long as it is based on public benefit, such as the protection of life and wealth, this decision can be considered permissible (mubah). Therefore, the childfree phenomenon is not entirely contradictory to the objectives of Islamic law, provided it is grounded in rational considerations and public benefit.

Maotsiqon Azzam Ghiyatsulhaq; Putri Andini; Hafiz Gilman Abdul Aziz; Humaeroh Humaeroh

Jurnal Begawan Hukum (JBH) 2026 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Many marriages occur when a person is not old enough. Therefore, under Islamic law and Indonesian law the restriction of marriage age is a ijtihad stipulation. In this study we will discuss the boundaries of marriage age in a perspective on Islamic law and law in Indonesia. This type of study is literature research. From this study, the restriction on the marriage age of men and women is equivalent to 19 years old. To define marriage age, methodologs are based on mashlahah methods, thus not contradicting Nash and there is no specific Nash to be referenced for qiyas. The concept of mashlahah muris used to address the question of inclarity of marriage age. Maslahah murexplains that taking on a certain locality may be held asa metaphor for bataa marriage, although there is no detailed explanation in the Nash qur 'an. The so called conformity that is intended is an age limit for marriage established in Islamic law.

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.

Uus Kusmayadi; Mumu Fahmudin; Abdul Kodir Alhamdani; Yudi Wahyudin; Halmi Abdul Halim

Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The practice of adoption (tabanni) is a social reality that is culturally embedded in Indonesian Muslim society, but often experiences normative clashes with classical Islamic inheritance law which requires blood relations (nasab) as the basis for inheritance. This gap has the potential to trigger distributive injustice for adopted children who do not have inheritance rights despite having emotional closeness and economic dependence. This study aims to analyze the legal status of adopted children and the application of Article 209 of the Compilation of Islamic Law (KHI) concerning Mandatory Wills as a legal solution. This study is a normative legal research with library research methods that use a statutory approach and a conceptual approach. The analysis was conducted descriptively qualitatively using analytical tools of Maqashid Syariah theory, Maslahah Mursalah, and the theory of Mandatory Wills. The results of the study indicate that Article 209 of the KHI reconstructs the status of adopted children not as Heirs, but as Recipients of Wills, in order to maintain the purity of lineage according to sharia principles. This article transforms the paradigm of wills from voluntary (tabarru’) to mandatory (ijbari) through an ex-officio state mechanism. Philosophically, this application is validated by the principle of Maslahah Mursalah to fill the legal vacuum for the protection of children (hifz al-nafs) and Maqashid Syariah in realizing justice in the distribution of assets (hifz al-mal) without violating the principle of descent (hifz al-nasl). The limitation of a mandatory will of a maximum of one-third (1/3) functions as an instrument of distributive justice (al-’adalah) and a safety valve to protect the rights of lineage heirs (dzawil furud) from being oppressed. It is concluded that Article 209 of the KHI is a form of social engineering and ijtihad typical of Nusantara Islam that applies a middle path (wasatiyah) in family law.