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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Al-Manahij: Jurnal Kajian Hukum Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Ijtima'iyya: Journal of Muslim Society Research Jurnal Ilmiah Al-Syir'ah ADHKI: Journal of Islamic Family Law International Journal of Social Science and Religion (IJSSR) Tafkir: Interdisciplinary Journal of Islamic Education Munaddhomah: Jurnal Manajemen Pendidikan Islam Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Ilmiah Mahasiswa Raushan Fikr Solidaritas: Jurnal Pengabdian el-Aqwal: Journal of Sharia and Comparative Law Kharisma: Jurnal Administrasi dan Manajemen Pendidikan Interdisciplinary Journal of Social Science and Education (IJSSE)

Zain, Muhammad Fuad

Unknown Affiliation

Author-ID : 1332345

Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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REKONTRUKSI BATAS USIA PERKAWINAN PASCA PUTUSAN MK NO. 22/PUU-XV/2017 SEBAGAI PENGUAT BANGSA DI ERA INDUSTRI 4.0 Zain, Muhammad Fuad; Ansori, Ansori
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 1 No. 1 (2019): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

The construction of the Islamic Jurisprudence School contained in the Compilation of Islamic Law, and the Marriage Law collides with the era, especially at the age of marriage. Post the Constitution Court Verdict Number 22/ PUU-XV/ 2017 requires the state to immediately revise where the ideal age limit for male and female marriages becomes 18 years or 19 years. On the other hand, there are still many marital dispensations caused by legitimate extramarital pregnancy. This is homework for the state. The term bā'ah or isṭiṭa’ah in fiqh must be by the era, especially in the era of Industry 4.0, where the country that cannot adapt will be increasingly left behind. The concept of seriousness in the theory of Uṣūl al-Fiqh must be developed by seeing living law in Indonesian society in the framework of family law reform in Indonesia to build humanity as a whole for the creation of a great nation as the ideals of the nation’s founding father without having to harm the essence of Syariah itself.

Mining-Trading Cryptocurrency dalam Hukum Islam Zain, Muhammad Fuad
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

This paper discusses the mining-trading of cryptocurrency in Islamic law as a digital asset that has recently been traded in cyberspace. The value of cryptocurrency is soaring and fluctuation and it is influenced by the demand of buying and selling. Indodax.com is the official digital asset site in Indonesia that trades more than 13 digital currencies. As we know, digital currencies are not electronic money, even though the characteristic is similar. Starting from this, I analyze whether cryptocurrency is worthy of being value as money that has a certain value. Until now, the Indonesian government through Bank Indonesia has published regulation Number 16/8/PBI/ 2014, which explicitly prohibits using bitcoin and altcoin on financial transactions. Otherwise, MUI (Indonesian Ulema Council) has not issued a fatwa yet related to cryptocurrency. From here, I focuse on this study to the law of cryptocurrency in Islamic law. Bitcoin has advantages and disadvantages. Among its advantages are the user can use exchange or transaction without third service (bank), and it can be traded in merchandise shops. But, the disadvantages of bitcoin are mach more, such as fluctuating value every times, it is not listed as a commodity, it is not watched by Financial Services Authority (OJK), it presents the element of gharar (uncertainty) and maysir (gambling or bet), which makes it possible to be used for money laundering and drugs. On the other hand, until now, the Indonesian people have not considered that bitcoin as a treasure like gold or silver

GOD AND HUMAN SOVEREIGNTY IN ISLAMIC POLITICAL TRADITION Ridwan, Ridwan; Zain, Muhammad Fuad
Ijtim?'iyya: Journal of Muslim Society Research Vol 5 No 1 (2020)
Publisher : Postgraduate Program, State Institute on Islamic Studies Purwokerto

The debate on the concept of political sovereignty leads to the question of whether sovereignty comes from God or humans. It is related to the foundation of state management and has implications for the political system. Islamic political tradition has not an authoritative text that explains sovereignty. This thesis was conducted based on the evidence of Islamic political history which did not present a concept of universal and standard sovereignty. Muslim thinkers proposed some alternative ideas of sovereignty such as nomocratic, theo-democracy and democracy. The author sees that the sovereignty concept in Islam is discussed as ijtiha?diyyah (intellectual interpretation and judgment) which lead to multiple interpretations in some contemporary Muslim countries show that the sovereignty concept in Islam is dynamic and can be negotiated according to the political needs of the society.

Comparative Analysis of Islamic Family Law and Normative Law: Examining the Causes of Divorce in Purwokerto, Indonesia Nafisah, Durotun; Nasrudin, Nasrudin; Meidina, Ahmad Rezy; Zain, Muhammad Fuad
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i2.16825

The elevated divorce rate in Purwokerto has become a focal point for the local government due to its adverse repercussions. This research has identified five primary factors contributing to divorce, encompassing education, economic status, religion, access to healthcare, and environmental factors. This study employs empirical legal methods analyzed in accordance with Islamic family law theory. In-depth interviews were conducted with informants, as well as literature studies and data collection techniques. The results showed two critical findings. First, Islamic family law makes it clear that although divorce is legal, God views it negatively. Divorce is considered a final option when mediation becomes unfeasible. For a divorce to be valid, it must meet various criteria, such as guidelines for property division and child custody. Additionally, the Qur'an and Hadith discuss the five legitimate reasons for divorce. Secondly, the issue of divorce is regulated by normative positive law. However, no legal regulations are specifically available at the local government level to support efforts to reduce divorce rates based on the five leading causes. In particular, the five causes of divorce are also discussed based on relevant normative regulations and support from previous studies. The two sources of family law and Islamic law have different views regarding the legal requirements of divorce and its scope. However, in terms of similarities, both sources of family law and Islamic law support efforts to protect children and empower women victims of divorce. With national legal regulations, the government is responsible for providing effective rules to resolve the causes of high divorce rates legally.

Political-Legal Strategies in Regulating Interfaith Marriage: An Analysis of Supreme Court Circular Letter in Indonesia Solikhudin, Muhammad; Meidina, Ahmad Rezy; Zayyadi, Ahmad; Faidati, Ashima; Shufyansyah, Ikhdan Gimas; Zain, Muhammad Fuad; Faizah, Nur
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3237

This article examines the political and legal dimensions underlying the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023, which addresses the issue of interfaith marriages in Indonesia. Through a qualitative approach employing doctrinal and socio-legal analysis, this study explores this policy's legislative intent, judicial implications, and broader societal impacts. The findings reveal that SEMA No. 2 of 2023 represents a strategic political-legal maneuver by the Indonesian judiciary to navigate the tension between religious norms, constitutional rights, and societal pluralism. While the circular aims to harmonize Islamic family law with Indonesia’s pluralistic legal framework, it has also sparked debates regarding its alignment with fundamental human rights principles and practical implications for legal certainty. This study contributes to the discourse on interfaith marriage regulation by offering a critical perspective on how judicial policies reflect and shape the broader political-legal landscape. The article concludes that SEMA No. 2 of 2023 is pivotal in balancing legal pluralism and social harmony and protecting religious and individual rights in Indonesia's dynamic legal system.

Marital Property in Marriages of Different Nationalities in Indonesia According to National Law and Islamic Law Maula, Bani Syarif; Zain, Muhammad Fuad; Nada, Syifaun
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 1 (2024)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v3i1.10508

Indonesian legislation stipulates that individuals from foreign countries residing in Indonesia and foreign legal entities with representatives in the country are expressly barred from possessing land. This provision poses challenges for individuals in marriages involving different nationalities, particularly when one spouse is an Indonesian citizen, as it complicates the process of acquiring ownership rights and building usage rights for a property. This research explores the legal regulations pertaining to marital property in marriages involving individuals of distinct nationalities, navigating the intersection between national law and Islamic law. Employing qualitative research methods with a normative approach, the study relies on legal materials as primary data sources. The findings of this study indicate that, in accordance with national law, assets acquired during the course of marriage are deemed joint property. Nonetheless, it is noteworthy that this provision does not extend to marital assets in the form of land and buildings for foreign spouses. Conversely, Islamic law does not explicitly delve into this matter. Nevertheless, it delineates that the resolution of joint property in marriages encompassing individuals of diverse nationalities is governed by national laws pertaining to citizenship rights. In the case of foreign citizens, the relevant statute is the Agrarian Law, which specifically governs ownership rights concerning land and buildings.

Islam Syariat: Reproduksi Salafiyah Ideologis di Indonesia Zain, Muhammad Fuad; Basit, Abdul
Jurnal Syariah dan Hukum Komparatif Volume 3 Issue 2 (2024)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v3i2.12589

Haedar Nashir's book on Islam Syariat: Reproduksi Salafiyah Ideologis di Indonesia is a fairly thick research comprising 604 pages. This book analyzes the Islamic movement that fights to implement Islamic Sharia in the context of state institutions carried out by MMI, HTI, and KPPSI. In this book, researchers combine literature and field research with emic data. The ideological thread of the Sharia Islamic Movement (Formalist) is a documentation of the "creed of Islamic solutions" integrated with Islamism/ Kaffah Islam. The culmination of formalization was the appearance of the seven magic sentences of the Jakarta Charter at the 2000 MPR-RI Meeting. At the same time, the largest mass organizations in Indonesia, represented by Muhammadiyah and Nahdlatul Ulama, were outside the movement, even refusing or not supporting the fight for the Jakarta Charter. In an academic context, the revitalization of fundamentalist, literal, and scriptural Islam contains harmful elements in the context of statehood and the plurality of the nation. Furthermore, the ideological conflict of Islam in Indonesia must be understood that Indonesia is not Islam in the face of the West or Arabization but must present Moderate Islam, which offers an alternative path, so that it does not give rise to a new flow of conversion to Islam to other religions which are seen as providing more comfort in religion, rather than being in Islam which is formalist and has an ideological face.

Integration of Correspondence and Coherence Theories: A Philosophical Approach to the Concept of Truth in Islam Zain, Muhammad Fuad; Meidina, Ahmad Rezy; Roqib, Moh.
Interdisciplinary Journal of Social Science and Education (IJSSE) Vol. 3 No. 1 (2025)
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijsse.v3i1.57

Truth is a fundamental concept in philosophy and theology that has deep relevance in the Islamic tradition. This article examines the relevance of correspondence and coherence theories to the understanding of truth in Islam. Correspondence theory defines truth as the correspondence between propositions and external reality. In Islam, this approach is seen in revelation that is in harmony with natural reality as affirmed in many verses of the Qur'an. On the other hand, coherence theory emphasizes logical consistency in belief systems. Islam integrates revelation, reason, and sharia law to build a harmonious and rational belief. Truth in Islam is not only ontological, referring to the absolute reality of God, but also epistemological, encompassing the way humans understand and apply truth. The correspondence approach affirms the relationship of revelation to nature, while coherence ensures logical harmony within the belief system. The combination of the two creates a comprehensive framework, integrating spirituality, intellect and morality. The article concludes that the dialog between philosophical concepts and Islam enriches the understanding of the nature of truth, making it theologically and practically relevant in everyday life.

Reforming the Islamic Calendar and Religious Authority: Dynamics of Hijri Calendar Calculation in Indonesia within Persatuan Islam's Thought Marwadi; Labib, Mughni; Zain, Muhammad Fuad
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i1.10574

Differences in determining the start of Hijri calendar months, particularly Ramadan, Shawwal, and Zulhijah, remain a recurring issue in Indonesia due to the persistent divide between users of hisab (astronomical calculations) and rukyat (moon sightings), each adhering to different criteria without a shared standard. This study offers a novel examination of Persatuan Islam (Persis), a prominent Islamic organization historically aligned with hisab, which has now shifted its stance by integrating rukyat into its calculations. Using a qualitative library research approach, the study draws on documentation and interviews, analyzed through the lenses of the philosophy of science and sociology of knowledge, to understand this paradigm shift. The findings show that Persis has transitioned to a hisab cum rukyat method, a hybrid approach combining calculations with empirical observation. This methodological innovation marks a significant development in Indonesia's Hijri calendar discourse. The research highlights this evolving paradigm as a promising alternative for bridging the long-standing divide and fostering the potential unification of the Hijri calendar in Indonesia.

Between Text and Practice: The Reception of Ja'far bin Abi Thalib's Hadith in the Nyusur Tanah Tradition Ismatulloh, A.M.; Ismail, Ismail; Zain, Muhammad Fuad
Tafkir: Interdisciplinary Journal of Islamic Education Vol. 6 No. 3 (2025): Integrative Islamic Education
Publisher : Pascasarjana Universitas KH. Abdul Chalim

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/tijie.v6i3.1865

This study examines the nyusur tanah tradition in Dayeuhluhur Village, Cilacap, as a concrete manifestation of living hadith, where Islamic teachings are continuously reinterpreted through local cultural practices. Although post-death rituals are widely practiced among Muslim communities, there has been limited scholarly focus on how specific hadiths, such as the narration concerning Jaʿfar bin Abi Thalib, are integrated into communal traditions. This research employs a qualitative, phenomenological method grounded in postpositivist philosophy, involving fieldwork through in-depth interviews and participant observation with religious leaders (kiai) and residents. The study reveals a unique practice in which neighbors, not the bereaved family, prepare food for mourners, an inversion of dominant funeral customs. This practice is rooted in the Prophet's instruction to support grieving families, reflecting how hadith operates as a dynamic moral guide rather than solely a textual source. The Kiai are vital as cultural brokers, aligning tradition with Islamic values. This study contributes to the discourse on living hadith by demonstrating its role in sustaining cultural identity while maintaining religious authenticity within a plural cultural landscape.

Co-Authors A.A. Ketut Agung Cahyawan W A.M. Ismatulloh, A.M. Abdul Basit Agus Sunaryo Ahmad Rajafi Ahmad Zayyadi, Ahmad Albar, Mawi Husni Bani Syarif Maula Durotun Nafisah Faidati, Ashima Gusti, Iman Yanuar Kinasih HENDRI PURBO WASESO, HENDRI PURBO Husnayain, Faizul Ismail Ismail Labib, Mughni Marwadi Meidina, Ahmad Rezy Moh. Roqib Muhammad Masruri, Muhammad Muhammad Solikhudin, Muhammad Nada, Syifaun Nasrudin Nazar, Raihan Khairi NUR FAIZAH Ridwan, Ridwan Saifurrohman, Harun Shufyansyah, Ikhdan Gimas Siswadi Siswadi Supriyanto Supriyanto Umar, Mohamad Toha Wiratama, M. Yudha Ditta Zein, Anwar Zulhijayanto, Wahyu

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