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All Journal Jurnal El-Thawalib Baitul Hikmah: Jurnal Ilmiah Keislaman Jurnal El-Thawalib
Johari Johari
UIN Sultan Syarif Kasim Riau
Religion Education Law, Crime, Criminology & Criminal Justice

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Integration of Maqāṣid al-Syarī'ah and Social Justice: Reconfiguring the Legal Status of Children Born Out of Wedlock in Islamic Law and the Indonesian Legal System Muhammad Hafis; Juliani Syafitri; Rafi'aturrahmah Rafi'aturrahmah; Johari Johari
Baitul Hikmah: Jurnal Ilmiah Keislaman Vol. 3 No. 2 (2025): Baitul Hikmah: Jurnal Ilmiah Keislaman
Publisher : Pascasarjana IAI Diniyyah Pekanbaru

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46781/baitul_hikmah.v3i2.1935

Abstract

This article explores the redefinition of the status of children born out of wedlock by integrating maqasid al-syariah and social justice. This study departs from the dominant classical Islamic legal construct, which severs the relationship between a child and his biological father. This restrictive approach, although intended to prevent adultery (sadd al-dhari'ah), actually causes injustice by neglecting the protection of innocent children. The research uses a normative-theological and sociological approach to analyze the dialectic between classical Islamic law and Indonesian positive law. Supreme Court Decision No. 46/PUU-VII/2010 is an important milestone that recognizes the relationship between children and their biological fathers based on scientific evidence. The ethical justification lies in the framework of maqāṣid al-sharī'ah, particularly the protection of life (ḥifẓ al-nafs), honor (ḥifẓ al-'ird), and lineage (ḥifẓ al-nasl) in a more substantive manner. Criticism and deconstruction from the perspective of justice and maqāṣid offer a new legal-ethical framework centered on the interests of the child. Ḥifẓ al-nasl is not only about preserving lineage, but also guaranteeing the basic rights of children. Meanwhile, ḥifẓ al-'ird becomes a synthesis to protect the honor of children from discrimination. The integration of maqasid al-syariah and social justice paves the way for a more inclusive, humanistic, and relevant study of Indonesian Islamic family law in the face of contemporary challenges.
Muslim Influencers and the Rise of Halal Skincare: A Maslahah Mursalah Perspective on Sharia Entrepreneurship Johari Johari; Herdifa Pratama; Siti Yulia Makkininnawa; Elmi Jannah
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.21107

Abstract

The growing presence of Muslim influencers in the halal skincare industry reflects changes in how halal products are promoted and consumed in the digital era. This study examines Muslim influencers as emerging agents of Sharia entrepreneurship and analyzes their commercial practices through the perspective of maslahah mursalah. Using a qualitative descriptive method with a normative-conceptual approach, the study draws on documented cases and empirical findings as primary data, complemented by scholarly literature, Islamic legal sources, and regulatory documents. Data were collected through documentation and literature review and analyzed descriptively and thematically. The findings show that Sharia entrepreneurship in the halal skincare industry requires more than halal products; it also involves truthful information, transparent promotion, consumer protection, fair profit, and social benefit. From the perspective of maslahah mursalah, these dimensions are interconnected in determining the ethical quality of Sharia entrepreneurship. The study concludes that Muslim influencer entrepreneurship should be assessed not only by the products marketed but also by how commercial activities are conducted and their consequences for consumers and society
Muslim Influencers and the Rise of Halal Skincare: A Maslahah Mursalah Perspective on Sharia Entrepreneurship Johari Johari; Herdifa Pratama; Siti Yulia Makkininnawa; Elmi Jannah
Jurnal El-Thawalib Vol 7, No 4 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i4.21107

Abstract

The growing presence of Muslim influencers in the halal skincare industry reflects changes in how halal products are promoted and consumed in the digital era. This study examines Muslim influencers as emerging agents of Sharia entrepreneurship and analyzes their commercial practices through the perspective of maslahah mursalah. Using a qualitative descriptive method with a normative-conceptual approach, the study draws on documented cases and empirical findings as primary data, complemented by scholarly literature, Islamic legal sources, and regulatory documents. Data were collected through documentation and literature review and analyzed descriptively and thematically. The findings show that Sharia entrepreneurship in the halal skincare industry requires more than halal products; it also involves truthful information, transparent promotion, consumer protection, fair profit, and social benefit. From the perspective of maslahah mursalah, these dimensions are interconnected in determining the ethical quality of Sharia entrepreneurship. The study concludes that Muslim influencer entrepreneurship should be assessed not only by the products marketed but also by how commercial activities are conducted and their consequences for consumers and society
Co-Authors Elmi Jannah Herdifa Pratama Juliani Syafitri Muhammad Hafis Rafi'aturrahmah Rafi'aturrahmah Siti Yulia Makkininnawa