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p-Index From 2021 - 2026
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All Journal Ghaly: Journal of Islamic Economic Law USRATY : Journal of Islamic Family Law
Bani Syarif Maula
Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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A COMPARATIVE ANALYSIS OF YUSUF AL-QARDAWI'S AND RAFIQ YUNUS AL-MISRI'S LEGAL THOUGHT ON MURĀBAḤAH LI AL-ĀMIR BI AL-SHIRĀ’ AND ITS RELEVANCE TO SHARIA ECONOMIC PRACTICE IN INDONESIA Muhammad Zain Firmansyah; Bani Syarif Maula
Ghaly: Journal of Islamic Economic Law Vol. 4 No. 2 (2026): Ghaly: Journal of Islamic Economic Law
Publisher : Islamic Economic Law Study Program, Faculty of Sharia Sultan Aji Muhammad Idris Samarinda Islamic State University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/w8m6ms78

Abstract

Murābaḥah li al-Āmir bi al-Shirā’ has become the dominant financing instrument in contemporary Islamic banking, particularly in Indonesia, where it serves as a practical alternative to interest-based lending. Despite its widespread adoption, debates continue regarding its legal validity, ethical orientation, and conformity with the objectives of Islamic law. This study comparatively examines the legal reasoning of Yusuf al-Qardawi and Rafiq Yunus al-Misri concerning Murābaḥah li al-Āmir bi al-Shirā’ and analyzes its implications for Indonesian Islamic banking practices. Employing a normative-juridical approach, the research analyzes the doctrinal foundations of both scholars’ views alongside relevant DSN-MUI fatwas, national banking regulations, and institutional practices. The novelty of this study lies in its integration of classical-contemporary comparative fiqh analysis with the practical implementation of murabahah in Indonesia, thereby bridging a gap between theoretical legal discourse and regulatory application. The findings demonstrate that al-Qardawi adopts a maqāṣid-oriented and pragmatic approach that prioritizes public benefit and financial accessibility, whereas al-Misri advocates stricter adherence to classical contractual requirements to prevent legal stratagems resembling interest-based transactions. The study argues that understanding the tension and complementarity between these approaches advances existing scholarship by providing a more comprehensive framework for evaluating murabahah contracts, balancing legal validity, ethical integrity, and the broader objectives of Islamic economic law.
Assessing Criminal Protection of Marital Integrity in Indonesia: A Socio-Legal Analysis of Court Decisions Vivi Ariyanti; Bani Syarif Maula; Wardah Nuroniyah; Najhan Parluhutan Harahap
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11400

Abstract

This study aims to assess how Indonesian courts interpret and enforce criminal provisions concerning marriage-related offences and their role in protecting marital integrity and the rights of lawful spouses. Using a qualitative socio-legal approach, the study examines seven Indonesian district court decisions issued between 2021 and 2025. Data were collected through systematic document analysis and analyzed using qualitative content analysis and comparative case analysis, focusing on marital status, evidentiary basis, judicial reasoning, criminal liability, and sentencing. The results indicate that bigamy and unlawful remarriage constitute the dominant offences in the cases examined, while adultery involving married persons appears less frequently. A valid prior marriage consistently serves as the central basis for establishing criminal liability, with marriage certificates, registration records, and related administrative documents functioning as the principal evidence of marital status. Judicial reasoning demonstrates that criminal liability is shaped not only by the existence of a prior marriage but also by considerations of intent, deception, evidentiary circumstances, and the consequences of the offence for marital and family relationships. Variations in sentencing further reflect differences in the circumstances and impacts of individual cases. The study concludes that criminal law provides an important institutional mechanism for protecting marital integrity, legal certainty, and the rights of lawful spouses, but criminal sanctions alone cannot ensure comprehensive family protection. This study contributes a socio-legal perspective by demonstrating how judicial enforcement of marriage-related offences supports the legal protection of marriage and highlighting the need for an integrated framework combining criminal law, family law, marriage registration, and preventive mechanisms.
Co-Authors Muhammad Zain Firmansyah Najhan Parluhutan Harahap Vivi Ariyanti Wardah Nuroniyah