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All Journal Al-Wasathiyah: Journal of Islamic Studies Jurnal El-Thawalib
Febriyani Febriyani
Universitas Muhammadiyah Jakarta
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Hukum Relokasi Bangunan Masjid ke Atas Tanah Kuburan: Analisis Fikih Islam, Fatwa Kontemporer dan Relevansinya dengan Hukum Positif Indonesia Febriyani Febriyani; Husna Karimah; Marhadi Muhayar
Al-Wasathiyah: Journal of Islamic Studies Vol. 5 No. 1 (2026): Al-Wasathiyah: Journal of Islamic Studies
Publisher : Ikatan Da'i Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56672/

Abstract

This study examines the legal status of mosque relocation onto former cemetery land through a comparative analysis of the views of the four Sunni schools of Islamic jurisprudence, contemporary religious fatwas, and Indonesian positive law. The study is motivated by the growing need to relocate or construct mosques on land previously used as burial grounds, which raises legal issues concerning respect for the deceased, the status of waqf property, and the prohibition of turning graves into places of worship. This research employs a normative legal method using comparative fiqh (muqāranah al-madhāhib), fatwa analysis, and a statutory approach. The findings indicate that the majority of scholars from the four madhhabs prohibit or regard as reprehensible the construction of mosques over graves due to the potential for grave veneration and the violation of the sanctity of places of worship. The Hanafi, Maliki, and Shafi‘i schools emphasize preventing excessive reverence toward graves, while the Hanbali school permits the use of former cemetery land after the remains have been relocated in accordance with Islamic law. The Indonesian Council of Ulama (MUI) allows relocation through the mechanism of waqf substitution (istibdal) for the sake of public benefit, whereas Dar al-Ifta’ of Egypt and the Saudi Permanent Committee (Lajnah Dā’imah) adopt different approaches regarding the presence of graves within mosque premises. This study concludes that mosque relocation to former cemetery land may be permissible provided that the graves are relocated according to Islamic legal requirements, the legal status of the land is properly resolved, and greater public benefit can be achieved.
Digital Sport Culture and Body Exposure: A Sharia Perspective on Self-Presentation in Social Media Febriyani Febriyani; Syahid Makdum Ibrohim; Hasanuddin Hasanuddin; Siti Nuri Nurhaidah; Ahmad Irfan; Anto Apriyanto
Jurnal El-Thawalib Vol 7, No 2 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i2.19612

Abstract

The rapid development of the digital era has transformed the meaning of sports from a health-oriented activity into a form of self-representation within virtual spaces. This shift is reflected in the increasing prevalence of fitness-related content on social media, which not only showcases physical activities but also promotes body exposure as a visual strategy to attract attention and gain social recognition. From an Islamic perspective, such practices potentially conflict with the concept of ‘awrah and the ethical values governing bodily modesty in public spaces. This study aims to analyze the phenomenon of body exposure in digital sports through the framework of maqashid al-sharia and to formulate ethical guidelines for social media engagement in accordance with Islamic principles. The research employs a qualitative approach using library research, with primary sources derived from the Qur’an, hadith, and classical as well as contemporary Islamic jurisprudential works, particularly those of al-Nawawi, al-Qardhawi and Wahbah al-Zuhaili, complemented by secondary data from academic journals and media reports. Data analysis is conducted using a descriptive-analytical method with normative and maqashid-based approaches. The findings indicate that the transformation of digital sports has led to the commodification of the body and triggered psychological impacts such as body dissatisfaction. Within the maqashid al-sharia framework, body exposure may violate the fundamental objectives of preserving religion (hifzh al-din), life (hifzh al-nafs), and honor (hifzh al-‘irdh). Therefore, a reconstruction of sharia-based digital sports ethics is necessary, emphasizing modest dress, visual restraint, and moral awareness in social media practices to maintain a balance between digital modernity and Islamic values.
Co-Authors Ahmad Irfan Anto Apriyanto Hasanuddin Hasanuddin Husna Karimah Marhadi Muhayar Siti Nuri Nurhaidah Syahid Makdum Ibrohim