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Deviyana Khoirotul Iswiyah

The shift in the structure of modern society's economy from an agrarian base to a service- and expertise-based one has given rise to new forms of income, namely salaries, wages, and professional honorariums, which are not explicitly regulated in classical zakat fiqh. This phenomenon has generated the discourse on professional zakat (zakat profesi) as one of the central issues in contemporary fiqh muamalah. This article aims to analyze the legal basis, the methods for determining nisab and haul, and the map of scholarly disagreement (ikhtilaf) regarding professional zakat, while also examining its relevance to the objective of social justice in Islam. This study employs a qualitative method with a normative-juridical approach through library research, examining the Qur'an, hadith, legal maxims (qawa'id fiqhiyyah), fatwas of religious institutions, and journal articles published within the last five years. The findings show that the majority of contemporary scholars, including Yusuf al-Qardhawi, obligate professional zakat based on the general implication of zakat verses and the method of analogical reasoning (qiyas), likening it to the zakat on gold and silver in terms of nisab (equivalent to 85 grams of gold, at a rate of 2.5%) or to agricultural zakat in terms of the timing of payment. However, some scholars, particularly those adhering to the principle of tauqifiyyah in worship, reject the obligation of professional zakat as a distinct category because it lacks explicit textual basis. This disagreement reflects the methodological tension between textual and contextual approaches in legal reasoning (istinbath al-ahkam), while also demonstrating the flexibility of Islamic fiqh in responding to socio-economic dynamics without abandoning the fundamental principles of sharia. Keywords: Professional Zakat, Contemporary Fiqh, Qiyas, Nisab And Haul, Scholarly Disagreement.

Naufal Akbar; Aniq Saeful Rosyad; Adit Munandar; Linda Amelia; Hikmatullah Hikmatullah

Within the framework of Islamic family law (fiqh munakahat), the issue of nusyuz plays a significant role, as it is closely related to maintaining harmony and stability in the marital relationship. Generally, nusyuz is often defined as a form of a wife’s disobedience toward her husband. However, Islamic jurisprudence acknowledges that nusyuz can also be committed by a husband if he fails to fulfill the rights, responsibilities, and obligations he owes to his wife, in accordance with the principles of Sharia. This study aims to provide a comprehensive analysis of the concept of nusyuz in the context of family life, from the perspective of fiqh munakahat. The discussion covers the meaning and characteristics of nusyuz, its legal basis in Islamic sources, the factors contributing to its emergence, its various manifestations in married life, its implications for family relationships, and existing methods for addressing this issue. This study employs a literature review method supported by a descriptive qualitative approach, drawing on relevant literature from classical and contemporary Islamic legal sources. The results indicate that resolving issues of nusyuz should be approached through a gradual and constructive process, including counseling, dialogue, mediation, consultation, and reconciliation. These steps aim to restore mutual understanding and strengthen family unity. Therefore, raising awareness of each spouse’s rights and obligations is crucial to preventing nusyuz and creating a household filled with peace, love, mutual respect, and intimacy.

Farhan Abbas; Riyadhul Jinan; Raia Humaini; Aditia Lahakam; Hikmatullah Hikmatullah

The impact of sighar marriage on the younger generation from the perspective of Islamic law, social, and psychological. The main problem raised is the practice of marriage without dowry which places women as objects of exchange, thus ignoring their rights and causing the invalidity of the contract according to a number of scholars. The purpose of this study is to analyze the social, legal, and religious consequences of sighar marriage and its implications on the formation of children's identity and family resilience. The research method uses a literature study with a normative-comparative approach, referring to classical fiqh literature, hadith, and contemporary academic studies that compare the views of the Shafi'i, Maliki, Hanbali, and Hanafi schools. The results of the study show that nikah syighar has an impact on the neglect of women's rights, the normalization of objectification, household instability, the crisis of children's identity, and the weakening of family institutions. In addition, this practice is contrary to maqasid al-shari'ah, thus undermining the sacred value of marriage as worship and a means of moral development. These findings underscore the need for Islamic family law regulation and education to protect the younger generation from the practice of illegal and harmful marriage.

Bunga Lexsa Angelia

The rapid development of digital service platforms, particularly online motorcycle taxi services, has transformed modern economic transaction patterns, where the relationship between drivers and consumers is categorized as an ijarah (service lease) contract. However, in practice, various forms of breach of contract (wanprestasi) frequently occur and potentially harm one of the parties. This study aims to analyze the concept of the ijarah contract, identify the forms of wanprestasi, and review them based on Sharia Economic Law principles. This qualitative normative research employs a literature-based approach, utilizing secondary data from classical fiqh books, DSN-MUI fatwas, the Indonesian Civil Code, and reputable academic journals, which are analyzed descriptively-analytically. The findings reveal that breaches occur in three typologies: unilateral cancellation by consumers (ta'addi), negligence and fictitious account manipulation by drivers (taqshir and tadlis), and disproportionate cancel fee policies by platforms, indicating structural dzulm. From a sharia perspective, the settlement of wanprestasi requires compensation (ta'widh) calculated based on actual loss without riba elements, while classifying technical obstacles as force majeure under a fault-based liability approach. This study implies the need to reconstruct the digital ecosystem so that it is not only formally valid but also enforces substantive justice based on maslahah (public interest), al-‘adl (justice), mas,uliyyah (responsibility), and tawazun (proportional balance)

Husnul Furqon; Sukiati Sukiati; Iwan Nasution

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This study analyzes the minimum age of marriage in Islamic jurisprudence and compares it with the positive law regulations in Indonesia and Malaysia. Using a normative legal method with comparative and conceptual approaches, the study draws on primary sources, including the Qur'an, hadith, Law Number 16 of 2019 on Marriage in Indonesia, and the Islamic Family Law (Federal Territories) Act 1984 in Malaysia. The analysis focuses on how Islamic legal principles concerning marriage eligibility are interpreted and incorporated into contemporary legal frameworks in both countries. The findings reveal that Islamic jurisprudence (fiqh) associates marital readiness with the concept of baligh (puberty) without prescribing a specific numerical age, whereas state law establishes fixed minimum age requirements to safeguard the rights and welfare of women and children. Indonesia sets the minimum marriage age at 19 years for both males and females, while Malaysia prescribes 18 years for males and 16 years for females, with judicial dispensation available in both jurisdictions under certain circumstances. These legal arrangements demonstrate each country's effort to harmonize classical Islamic jurisprudence with contemporary social protection objectives through institutional ijtihad, reflecting a balance between religious principles, legal certainty, and public welfare in regulating marriage.

Ahmad Rosikhul Fahmi; Karina Isnaini; Hilda Najmatul Laili; Syahda Nabila; Sheila Nafilah Sa'adah +5 more

FUNDAMENTUM : Jurnal Pengabdian Multidisiplin 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Islamic religious education at the Madrasah Diniyah level often relies on passive, one-directional teaching methods that reduce madrasah student engagement and long-term retention. This community service study aimed to improve the quality of Fiqh instruction at Madrasah Diniyah Al-Ishlah Kalirejo, Pasuruan, by implementing kinesthetic games, Small Group Discussion (SGD), and visual teaching aids within the framework of Kitab Mabadi’ Fiqhiyyah. A qualitative descriptive approach was employed through four participatory observation sessions, with visual documentation serving as primary data. The program was implemented in four thematic meetings covering funeral prayer procedures, tayammum, hajj simulation (tawaf), and najis classification. Findings indicate that kinesthetic games effectively reduced affective barriers and increased student focus, while the SGD model with a 1:8 mentor-to-student ratio enabled precise procedural correction for motor-based worship practices. The use of concrete teaching aids successfully transformed abstract Fiqh concepts into tangible, memorable knowledge. This study concludes that the integration of active learning methods, small-group mentoring, and visual media within traditional Islamic education settings can significantly enhance student engagement and comprehension. These findings offer a replicable pedagogical model for Madrasah Diniyah educators seeking to modernize instruction while preserving classical curriculum integrity.

Muhammad Adhitya Firdaus; Nuril Khasyi’in

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The steady increase in divorce cases in Indonesia suggests that many couples begin married life without adequate emotional, financial, or intellectual readiness. In response, the government encourages premarital education as a preventive initiative designed to equip future spouses with the skills needed to manage potential domestic difficulties. Viewed through the lens of maqāṣid al-sharī‘ah, this initiative supports the essential goals of Islamic law, namely the promotion of well-being at the personal, family, community, and national levels. This study argues that premarital education reflects the core principles of Islamic legal ethics and functions as a normative expression of the sharī‘ah. Using a normative-theoretical legal framework combined with a maqāṣid al-sharī‘ah analysis, the research engages Qur’anic and Hadith texts, classical and modern fiqh discussions, uṣūl al-fiqh, Indonesian regulatory provisions on premarital counseling, and scholarly works on Islamic Family Law. The results show that major triggers of marital breakdown emotional instability, financial pressure, recurring disputes, and limited understanding of marital responsibilities can be reduced through structured premarital education. These programs strengthen spiritual awareness, emotional resilience, communication skills, conflict-resolution abilities, and economic management. Consequently, premarital education becomes a strategic mechanism for nurturing harmonious households and reinforcing the framework of Islamic Family Law in Indonesia, positioning it as a sharī‘ah oriented tool vital for contemporary social welfare.  

St. Najma

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Abstract This study aims to analyze the level of digital literacy among students of the Islamic Religious Education (PAI) study program at State Islamic Higher Education Institutions (PTKIN) and its implications for the quality of their understanding of fiqh al-ibadah. Employing a descriptive qualitative approach with data collection techniques comprising comprehensive literature study and analysis of student digital behavior trends, this research identifies two poles interacting dynamically: on one hand, the expansion of access to religious content through digital platforms has opened unprecedented opportunities for democratizing Islamic jurisprudence knowledge; on the other, the tendency toward instant content consumption potentially reduces depth of understanding of ijtihad methodology and classical fiqh epistemology. Findings indicate that PAI students generally possess adequate technical digital skills, yet remain weak in the critical literacy dimension namely the ability to evaluate the validity, authority, and religious context of digital sources. This phenomenon produces a literacy paradox: students who appear "digitally literate" operationally are paradoxically vulnerable to fragmented and superficial fiqh understanding. This study recommends integrating critical digital literacy education into the PAI curriculum at PTKIN  not as an elective add-on, but as a core competency embedded inseparably within the broader process of fiqh learning. Only through this approach can PAI students leverage digital platforms optimally as tools that strengthen, rather than replace, the structured and methodological tradition of Islamic scholarship

Samarotul Silmi; Safira Laila Wulandari; Bagus Jordan; Ikhwan Maulana; Saipuddin Yuliar

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

This study aims to comprehensively examine the concept of intention and the recitation of Surah Al-Fatihah in prayer from the perspective of the four imams of the schools of jurisprudence: Hanafi, Maliki, Shafi’i, and Hanbali. The background of this study is based on the existence of differing opinions among scholars, which often cause confusion among the public regarding the correct practice of prayer. The method used is qualitative research in the form of a literature review (library research), through data collection from classical fiqh texts, scientific journals, and other relevant literature. The data analysis technique employs a descriptive-comparative approach to identify the similarities and differences in the views of each school of thought. The results of the study indicate that all schools of thought agree that intention is an act of the heart that constitutes a valid condition for prayer, yet they differ regarding the timing of its performance and its verbalization. Regarding the recitation of Surah Al-Fatihah, the Shafi’i school mandates it as a pillar in every rak’ah, whereas the Hanafi school does not consider it a pillar. The Maliki and Hanbali schools adopt a moderate stance by granting leniency under certain conditions. These differences reflect the richness of Islamic jurisprudence, which is dynamic and flexible. This study is expected to provide a more comprehensive understanding and foster an attitude of tolerance in addressing differences in worship practices.

Agus Jatnika; Mumu Fahmudin; Abdul Kodir Alhamdani

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Maintenance neglect is a fundamental marital violation and a primary factor in high divorce rates. Currently, normative clashes exist between the classical fiqh approach in the Compilation of Islamic Law, such as the nusyuz concept, and the absolute penal regime in the Elimination of Domestic Violence Act. Furthermore, wives forced to file for divorce lawsuits often face post-divorce financial injustice. This normative research aims to analyze the integration of fiqh and Indonesian positive law to provide comprehensive legal protection for wives. Utilizing statutory and conceptual approaches based on Maqashid al-Shari'ah, the findings highlight the urgency for a gender-neutral reconstruction of nusyuz that includes the husband's nusyuz. Criminal proceedings for economic neglect under the Domestic Violence Act must also be synergized with a restorative justice approach. In the courts, protection can be optimized through the application of judges’ ex officio rights based on Supreme Court Regulation No. 3 of 2017 to secure post-divorce maintenance. The implication of this research demands national regulatory harmonization and the reformulation of court executory instruments to ensure the fulfillment of victims’ rights.

Siti Patimah; Nur Aini; Dika Merlianda; Gilang Irhamsyah; Saifuddin Yuliar

Reflection : Islamic Education Journal 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The history of the growth and development of schools of thought is an important part of comparative fiqh studies because it describes the dynamics of Islamic legal thought from the time of the companions to the period of codification of schools of thought. This study is motivated by the importance of understanding the historical process of the birth of schools of fiqh as an effort to place differences of opinion in a proportional and scientific manner. This study aims to analyze the growth and development of schools of thought in Islamic law and the factors that influence them. The method used is library research by examining various classical and contemporary literature relevant to the study theme. The results of the study show that major schools of thought such as Hanafi, Maliki, Shafi'i, and Hanbali developed through a process of ijtihad influenced by social, cultural, political conditions, and differences in the methodology of istinbāṭ law. This development does not indicate division, but rather enriches the treasury of Islamic law and provides flexibility in responding to the issues of the ummah in various contexts. The implication of this study is the importance of historical understanding in comparative fiqh studies in order to build a tolerant attitude towards ikhtilaf and strengthen the relevance of Islamic law in facing the dynamics of modern society.

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.

Sri Banun; Muhammad Azmi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The family is the smallest unit in society, within which rights and obligations exist as in social life in general. In fulfilling individual needs and interests, conflicts often arise, including disputes over inheritance distribution. Inheritance refers to the property left behind by a deceased person, which must be distributed to entitled heirs in accordance with Islamic law or customary law applicable within the community. Problems frequently emerge regarding the position of substitute heirs, particularly nephews, within the Islamic inheritance system. This study entitled “Various Aspects of Family Law in Indonesia: The Problematics of the Position of Nephews as Substitute Heirs in Islamic Law” aims to examine the status of substitute heirs in inheritance distribution and to identify the conditions under which substitute heirs are recognized in Islamic law. The research employs a normative method with a library-based approach, analyzing classical fiqh literature and scholarly opinions. The data consist of primary and secondary sources collected through document study. The findings indicate that a substitute heir is recognized when the primary heir dies after the testator but before the inheritance has been distributed, allowing the substitute heir to receive the share in accordance with Islamic legal provisions.

Sulfani Sulfani; Silvia Purwitasari; Fathiyah Naura Al-ansori; Andriyani Andriyani; Irna Hasanah

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

Obligatory prayer is a fundamental act of worship in Islam; performing it earns reward, while neglecting it results in sin for those who have fulfilled the required conditions, namely being of legal age (baligh), of sound mind, and free from ritual impurity (hadath). The background of this study is important for understanding how the values upheld by classical fiqh scholars and Islamic teachings can be interpreted in a way that connects traditional understanding with the needs of the Muslim community in the modern era. This research aims to identify, analyze, and compare the values of farḍu prayer based on the perspectives of different groups of scholars. The results show that classical scholars emphasize values such as obedience, order, legal aspects, discipline, and devotion (khushu’). In contrast, contemporary scholars place greater emphasis on personal transformation, social ethics, and the importance of prayer in shaping the character of the modern Muslim.The conclusion is that these two perspectives can be integrated to provide a more comprehensive understanding of the values of farḍu prayer that remain relevant for all times. Farḍu prayer holds a central position in Islam as the second pillar of Islam after the declaration of faith (shahada) and consists of five daily prayers: Fajr, Dhuhr, Asr, Maghrib, and Isha.

Husnul Furqon; Muhammad Amar Adly

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

This article examines in depth the concept of protecting human dignity through the regulation of gaze and physical contact among mahram according to the Shafi‘i School of Islamic law. From an Islamic perspective, the preservation of dignity (ḥifẓ al-‘irḍ) occupies a highly fundamental position as part of the objectives of Islamic law, particularly in regulating social relations and family interactions. Although mahram relationships legally allow closer interaction, Islam continues to establish ethical boundaries to safeguard purity and moral values. This study is a normative legal research employing conceptual and normative-fiqh approaches, relying on primary sources such as the Qur’an, the Prophetic traditions (hadith), and classical as well as contemporary Shafi‘i jurisprudential literature. The findings indicate that the Shafi‘i School does not regard mahram relations as a sphere of absolute and unrestricted freedom, but instead provides clear regulations concerning gaze and physical contact. Visual interaction is permitted in a limited manner, restricted to certain parts of the body and subject to the condition that it does not provoke desire or potential moral temptation (fitnah). Meanwhile, physical contact is regulated more strictly and, in principle, is only permitted in situations of legitimate shar‘i necessity, such as medical treatment or emergency circumstances. Therefore, the regulation of gaze and physical contact among mahram in the Shafi‘i School functions as an instrument for protecting human dignity, preserving the sanctity of family relationships, and preventing behavioral deviations from an early stage.