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All Journal Mutiara : Jurnal Ilmiah Multidisiplin Indonesia Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah
Dede Rohayati
Universitas Pamulang
Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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The Legal Maxim al-Darurat Tubih al-Mahzurat in Innovative Zakat Utilization for the Economic Empowerment of the Ummah TB Rifat; Ahmad Hasan Ridwan; Dede Rohayati; Eid Abdul Aziz
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 11 No. 1 (2026)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/0m7nqr60

Abstract

Structural poverty requires zakat institutions to move beyond short-term relief while continuing to protect the legal entitlements of mustahik. This study examines the legal boundaries for applying the maxim al-Ḍarurat Tubiḥ al-Maḥẓurat to innovative forms of productive zakat and formulates a Sharia-compliant implementation framework. It employs normative Islamic legal research using conceptual, comparative, statutory, fatwa, and maqāṣid al-Sharia approaches. Primary and secondary legal materials were collected through documentary analysis and examined through data condensation, data display, and conclusion drawing and verification. The findings demonstrate that the maxim does not provide a general justification for all productive zakat programs because productive zakat is not inherently prohibited. Nonrepayable business capital grants and capacity-building programs may be justified by tamlīk, maṣlaḥah, and maqāṣid al-Sharia. By contrast, delayed distribution, institutional investment, and collectively managed productive assets require stricter tests of necessity, proportionality, governance, and beneficiary protection. Repayable revolving schemes should primarily use infaq, sadaqah, waqf, or other non-zakat funds because zakat transferred through valid tamlīk becomes the property of the mustahik. The study proposes a Sharia legal test based on mustahik eligibility, fulfillment of basic needs, the form of tamlīk, degree of necessity, availability of lawful alternatives, proportionality, Sharia governance, and program evaluation. This framework enables zakat institutions to promote sustainable economic empowerment without diminishing the rights and dignity of mustahik.
Tinjauan Hukum Ekonomi Islam tentang Penyelesaian Perjanjian Pembiayaan Bermasalah pada Lembaga Keuangan Syariah Dede Rohayati
MUTIARA: Jurnal Ilmiah Multidisiplin Indonesia Vol. 4 No. 2 (2026): JIMI - APRIL
Publisher : PT. PENERBIT TIGA MUTIARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61404/mutiara.v4i2.494

Abstract

This study examines the resolution of non-performing financing in Islamic financial institutions, which have experienced significant growth but are confronted with increasing risks of non-performing financing (NPF) that may undermine institutional stability and public trust. The research problem focuses on the suboptimal mechanisms for resolving problematic financing, the existence of a gap between legal norms and their practical implementation, and the lack of integration of philosophical approaches within the framework of Islamic economic law. This study aims to analyze resolution mechanisms from the perspective of Islamic economic law, identify the factors contributing to the normative–practical gap, and formulate a more comprehensive and equitable resolution model. The method employed is normative juridical, utilizing statutory and case approaches, with secondary data analyzed qualitatively through deductive reasoning. The findings indicate that the resolution of non-performing financing is still predominantly characterized by restructuring measures that are administrative in nature and fail to address root causes, while litigation pathways remain relatively ineffective due to procedural and substantive constraints. The disparity between legal norms and practice suggests that legal implementation has not fully reflected the principles of substantive justice. The study concludes by emphasizing the necessity of reconstructing resolution mechanisms through the integration of normative, empirical, and philosophical dimensions. The novelty of this research lies in the development of a maqāṣid al-sharī‘ah-based resolution model that offers a holistic approach oriented toward justice, public welfare, and the balance of interests, thereby providing more effective, contextual, and sustainable solutions within the Islamic financial system in Indonesia.
Co-Authors Eid Abdul Aziz TB Rifat