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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora
Muhammad Waliyuddin Yusuf
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Refleksi terhadap Tujuan Hukum dengan Delik Aduan dalam Pasal 284 KUHP tentang Perzinahan Perspektif Maqashid Syari’ah Moh. Aprizal Ardianto; Syamsuri Syamsuri; Muhammad Waliyuddin Yusuf
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8182

Abstract

The formation of law aims to maintain order and social protection while preserving a sense of justice, including within the sphere of societal morality. Article 284 of the Indonesian Criminal Code, which regulates the criminal act of adultery, is intended as a legal instrument to safeguard social order; however, the complaint-based (delik aduan) mechanism inherent in this provision often generates new social conflicts and is considered less compatible with efforts to uphold morality in society. This article seeks to reflect on the compatibility of the regulation of adultery in Article 284 of the Criminal Code with the principles of maqasid syari’ah. The study employs a normative juridical method, taking the Indonesian Criminal Code as the primary legal source, supported by secondary legal sources in the form of literature reviews, doctrines, legal theories, and expert opinions. The findings indicate that Article 284 constitutes an absolute complaint-based offense which, in practice, has the potential to hinder the attainment of legal objectives, reduce the effectiveness of law enforcement, and open space for social impunity, thereby not fully reflecting the protection of the values of maqasid syari’ah. These results point to a tension between the construction of the complaint-based offense in Article 284 of the Criminal Code and the moral protection objectives that constitute the primary orientation of maqasid syari’ah, thus requiring a critical reading of the role of this article as an instrument for guaranteeing social order and justice.
Studi Perbandingan Pandangan Yusuf al-Qaradawi dan Ibn Bāz tentang Penggunaan Tanah Wakaf Masjid untuk Lembaga Pendidikan Muhammad Waliyuddin Yusuf; Ahmad Fajruddin Fatwa
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8663

Abstract

The utilization of mosque waqf land for the benefit of educational institutions is a contemporary fiqh issue that has given rise to differing views among scholars, amid the growing need of the Muslim community for educational facilities and the obligation to maintain the primary function of mosque waqf in accordance with the original intention of the donor. This study aims to analyze and compare the views of Yusuf al-Qaradawi and ʿAbd al-ʿAzīz ibn ʿAbd Allāh Ibn Bāz regarding the use of mosque waqf land for educational institutions, with particular emphasis on differences in their methods of legal istinbāṭ and the legal implications. This is a normative legal study employing library research and a qualitative-descriptive approach, using primary sources in the form of the works and fatwas of both scholars as well as relevant secondary sources. The findings indicate that Yusuf al-Qaradawi tends to permit the utilization of mosque waqf land for education as long as it does not eliminate the mosque’s primary function and remains in line with the objectives of waqf, grounded in the approach of maqāṣid al-sharīʿah and the principle of public interest (maṣlaḥah). In contrast, Ibn Bāz adopts a stricter and more textual position, stressing the obligation to preserve the allocation of waqf in accordance with the conditions set by the wāqif and rejecting any change in the function of waqf without clear evidentiary grounds. These divergent views reflect the dynamics of ijtihād in contemporary waqf fiqh and demonstrate that the issue of utilizing mosque waqf for education constitutes an ijtihādiyyah domain that remains open to scholarly disagreement, while still prioritizing prudence and the welfare of the Muslim community.
Co-Authors Ahmad Fajruddin Fatwa Moh. Aprizal Ardianto Syamsuri Syamsuri