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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Qonun Jurnal Hukum Islam dan Perundang-Undangan
Shofiyun Nahidloh
Universitas Trunodjoyo Madura
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Normalization of Necessity Legal Maxims in DSN-MUI Fatwas: An Empirical Analysis of Indonesian Sharia Economic Fiqh Methodology Ahmad Musadad; Shofiyun Nahidloh; Baihaqi Baihaqi; Misno Misno; A Mufti Khazin; Tri Pujiati
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol 10 No 1 (2026)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v10i1.12822

Abstract

The rapid development of the Islamic finance industry requires adaptive legal reasoning capable of responding to the increasing complexity of modern economic transactions. In Indonesia, fatwas issued by the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) play a crucial role in establishing the normative framework of Islamic economic practices. This study aims to examine the use of necessity-based legal maxims (qawāʿid al-ḍarūra) in DSN-MUI fatwas and to analyze their methodological implications for the development of contemporary Islamic economic jurisprudence. Employing a qualitative approach with documentary analysis and content analysis methods, this research analyzes 165 DSN-MUI fatwas issued during the early phase of Islamic economic development in Indonesia. The findings reveal that 89 fatwas, representing approximately 53.9% of the total sample, explicitly employ legal maxims related to necessity, harm removal, or urgent need as the basis of legal reasoning. The most frequently applied maxims include al-ḍarar yuzāl, al-ḍarar yudfaʿ bi-qadr al-imkān, and al-ḥājah tanzil manzilat al-ḍarūra. These maxims are predominantly applied within sectors characterized by high transactional complexity, particularly Islamic banking, Islamic capital markets, and modern financial industries. The findings indicate that necessity-based maxims no longer function solely as exceptional mechanisms in classical Islamic jurisprudence but have evolved into methodological tools for adapting Islamic law to the dynamics of modern economic systems. This study contributes to the theoretical discourse on Islamic legal methodology by highlighting the strategic role of qawāʿid fiqhiyyah in the evolution of contemporary fiqh al-muʿāmalāt
A MAQASID AL-SYARĪ’AH BASED EVALUATION OF LOCAL GOVERNMENT INTERVENTIONS IN HALAL CERTIFICATION IMPLEMENTATION: EVIDENCE FROM SUMENEP Khoirun Nasik; Farid Ardyansyah; Ahmad Musadad; Shofiyun Nahidloh; Tri Pujiati; Umi Indasyah Zahro
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14590

Abstract

The expiration of the phased implementation of mandatory halal certification on 17 October 2024 marked a transition from a facilitative to an enforcement-oriented policy phase, creating significant implementation pressures for local governments and micro and small enterprises facing legal, market, and administrative risks. While previous studies have examined halal certification from normative legal and governance perspectives, limited research integrates empirical public policy analysis with a maqasid al-syarī’ah framework to evaluate local government interventions during this post-transition period. Using a qualitative policy analysis approach, this study identifies six local intervention strategies: structured multi-stakeholder coordination; optimization of the self-declare assistance scheme; targeted digital literacy and social media outreach; affirmative programs for remote villages; development of a regional Halal Hub ecosystem; and preventive regulatory socialization for the 2026 mandatory phase. Empirically, 4,053 halal certificates were issued by January 2026, 3,933 through the self-declare scheme, with over 90% of assisted MSMEs completing registration on time. These results indicate that proactive facilitation and adaptive local governance significantly reduced non-compliance risks during the transition. From a maqasid al-syarī’ah perspective, the interventions operationalize multidimensional protection: religion (hifz al-dīn), life (hifz al-nafs), wealth (hifz al-māl), intellect (hifz al-’aql), and lineage (hifz al-nasl). Conceptually, this study proposes a maqasid-based evaluation model linking Islamic normative principles with measurable governance indicators. Theoretically and practically, it positions maqasid as an applied analytical framework and provides evidence-based guidance for adaptive and sustainability-oriented halal governance.
Co-Authors A Mufti Khazin Ahmad Musadad Baihaqi Baihaqi Farid Ardyansyah Khoirun Nasik Misno Misno Tri Pujiati Zahro, Umi Indasyah