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All Journal Al-MIKRAJ: Jurnal studi Islam dan Humaniora Al Hurriyah : Jurnal Hukum Islam
Alfan Jawahir Muhammad
Universitas Muhammadiyah Jakarta
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implementation of Qawāʿid Fiqhiyyah in Islamic Securities Crowdfunding Alfan Jawahir Muhammad; Zainal Arif; fina Nurafni
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 01: Al-Mikraj, Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i01.10289

Abstract

Islamic Securities Crowdfunding (ISC) is an innovation in Islamic finance that offers an alternative funding mechanism in accordance with Sharia principles. As financial technology continues to develop, ISC enables the public to participate in investment activities in a more inclusive and transparent manner. However, its implementation must consistently adhere to the principles of qawāʿid fiqhiyyah (Islamic legal maxims) to avoid elements of riba (usury), gharar (uncertainty), and maysir (gambling). This study examines the application of qawāʿid fiqhiyyah in Islamic Securities Crowdfunding by referring to DSN-MUI Fatwa No. 140/DSN-MUI/VIII/2021. It analyzes several Islamic legal maxims, including the permissibility of commercial transactions unless explicitly prohibited, the principle of preventing harm, and the relationship between legal rulings and their effective causes (ʿillah). Using a literature review method and a descriptive-analytical approach, this research explores how ISC can be implemented in accordance with Indonesia's Islamic financial regulations. The findings indicate that ISC has significant potential to enhance Islamic financial inclusion while upholding the principles of transparency, justice, and public welfare (maṣlaḥah). The application of qawāʿid fiqhiyyah in ISC ensures that every transaction complies with Islamic law, making it a sustainable investment solution that aligns with the objectives of Islamic law (maqāṣid al-sharīʿah).
The Practice of Equal Inheritance Distribution in Karangbanyu Village, Ngawi Setiawan Bin Lahuri; Fina Nurafni; Alfan Jawahir Muhammad
Alhurriyah Vol 10 No 2 (2025): December 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i02.9984

Abstract

This study explores the practice of inheritance distribution between men and women, where the majority of the community applies an equal 1:1 division rather than the 2:1 ratio prescribed in Islamic inheritance law. While the Qur’an establishes the 2:1 distribution as just and beneficial (maṣlaḥah), reflecting the distinct rights and responsibilities of men and women, the community interprets justice as equal shares. Factors influencing this practice include customary traditions, parental instructions, the desire to avoid family disputes, the longer caregiving role often carried out by daughters, and the perception that all children deserve equal rights. This research uses a qualitative juridical-sociological approach, drawing data from interviews, documentation, and supporting literature. The findings indicate that the 1:1 practice is viewed locally as fair and beneficial because it prevents conflict, maintains family harmony, and ensures individual ownership of assets. However, from the perspective of Islamic law, true maṣlaḥah lies in the 2:1 provision, which balances men’s financial duties with women’s honored but non-financial roles. The study highlights the tension between local customs and Islamic legal principles, suggesting the need for broader awareness and dialogue to align community practices with the objectives of the Sharī‘ah
Co-Authors Fina Nurafni Setiawan Bin Lahuri Zainal Arif