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Konsep Kepemilikan Aset dalam Fiqih Muamalah Kontemporer Analisis terhadap Teori Al-Māl Dan Al Manfa'ah Elva Mahmudi

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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v9i1.2863

Abstract

The rapid advancement of digital technology has transformed the concept of property by introducing various forms of digital assets, including cryptocurrencies, non-fungible tokens (NFTs), digital tokens, and other virtual assets. These developments have generated new legal questions concerning the legitimacy of ownership from the perspective of Islamic law, particularly within the framework of fiqh al-mu'amalah. This study aims to analyze the concept of digital asset ownership through the theories of al-māl (property) and al-manfa'ah (benefit), while examining their relevance to contemporary Islamic jurisprudence. The research employs a normative juridical method using a conceptual and comparative approach based on library research. Primary data are derived from classical and contemporary fiqh literature, fatwas of Islamic legal institutions, and relevant statutory regulations, while secondary data consist of academic books and recent scientific journal articles. The collected data are analyzed descriptively and analytically by employing the approaches of qiyās, ijtihād, and maqāṣid al-syarī'ah. The findings demonstrate that digital assets may be recognized as al-māl provided they fulfill essential legal elements, namely possessing measurable economic value, being acknowledged by society (al-'urf), allowing lawful ownership and transferability, and generating legitimate benefits in accordance with Islamic principles. The study further reveals that the legal status of digital assets cannot be generalized, as it depends upon their characteristics, functions, and methods of utilization. Although contemporary Muslim scholars hold differing opinions regarding certain categories of digital assets, the classical framework of fiqh al-mu'amalah remains sufficiently flexible to accommodate technological developments through contextual legal interpretation grounded in the objectives of Islamic law. Consequently, the theories of al-māl and al-manfa'ah continue to provide a relevant analytical framework for determining the legality of digital asset ownership within the contemporary digital economy
Women’s Reproduction in Marriage: A Study of the Childfree Movement Phenomenon from the Perspective of Maqāsid al-Sharīʿah Elva Mahmudi; Vito Dasrianto
Lentera: Indonesian Journal of Multidisciplinary Islamic Studies Vol 8 No 1 (2026): Lentera: Indonesian Journal of Multidisciplinary Islamic Studies
Publisher : Program Pascasarjana IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/lentera.v8i1.16366

Abstract

The childfree movement has emerged as a contemporary issue that sparks debate in modern society, including within the framework of Islamic law. A married couple’s decision not to have children is influenced by various factors, including economic considerations, career, mental health, individual freedom, and concerns about social and environmental conditions. This study aims to examine women’s reproductive rights in marriage and to analyze the childfree movement directly through the maqāṣid al-sharī‘ah approach, connecting contemporary childfree choices with the objectives of marriage (maqāṣid al-nikāḥ), the principle of benefit (maṣlaḥah), and the changing social context. The method employed is normative legal research (qualitative) conducted through library research, treating the Qur’an, hadith, classical and contemporary fiqh, and works on maqāṣid al-sharī‘ah as authoritative legal sources rather than as mere data. The results show that, although the continuation of progeny constitutes one of the principal objectives of marriage, the preservation of progeny (ḥifẓ al-nasl) operates at the level of maqāṣid and does not automatically impose upon every couple a legal obligation to procreate. Women’s reproductive rights are best understood in relation to the reciprocal rights and obligations of the spouses, mutual consent, and maṣlaḥah. Temporary reproductive regulation, such as ‘azl and the spacing or postponement of pregnancy, is permissible when it rests on valid grounds such as protecting the mother’s health and does not contradict the principles of sharī‘ah, whereas a permanent refusal of progeny generates divergent scholarly views. The study advances the discussion by proposing that a permanent childfree decision is not subject to a single fixed ruling: it may be judged permissible, restricted, or requiring further juristic consideration depending on the couple’s motives, circumstances, and consequences, assessed through the interaction of ḥifẓ al-nasl, maṣlaḥah, lā ḍarar wa lā ḍirār, spousal consent, and family responsibility. Accordingly, the childfree movement should be understood proportionally through a contextual fiqh assessment rather than through absolute acceptance or rejection.