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All Journal Al-Kharaj: Journal of Islamic Economic and Business Al-Manhaj: Journal of Indonesian Islamic Family Law Syaksia : Jurnal Hukum Perdata Islam Muadalah : Jurnal Hukum DIKTUM: JURNAL SYARIAH DAN HUKUM
Mustafid
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Religion Humanities Chemistry Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Praktik Perkawinan Sapowik (Study Kasus di Desa Tanjung) Dalam Tinjauan Hukum Islam Mustafid; Satri Muliadi; Ahmad Iffan
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 4 No. 1 (2022)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v4i1.5286

Abstract

This paper wants to describe the implementation of the Sapowik marriage in the village of Tanjung and also how Islamic law views on this Sapowik marriage. The method used in this research is a qualitative approach, the type of field research. After analyzing this research, it concludes that the ban on Sapowik marriages is still in effect today, of course, there will be customary sanctions for those who violate it. Then from the point of view of Islamic law, these customs are contradictory. Then when viewed from the theory of 'Urf, the prohibition of Sapowik's marriage is included in 'Urf Fasid, theoretically, Ushul Fiqh Sad Al-Dzariah, the prohibition of Sapowik's marriage is unacceptable because many mafsadah will appear.
Kajian Progresif Transforming Gender Equality Initiatives: Evaluating Strategic Solutions and Institutional Challenges in International Legal Resolution and Islamic Law, Gay, Biseksual, Transgender Dalam Konsep Hukum Gender Internasional dan Hukum Islam Iffan, Ahmad; Mustafid; Arizal, Hendriko; Chandra SYd, Helmi; Faiz Algifari, Muhammad; Pradana, Syafa'at Anugrah
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 1 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i1.8480

Abstract

This study examines the intersection of gender, human rights, and international law, with a focus on the influence of gender perspectives on international legal frameworks and human rights practices. Utilizing a qualitative, literature-based methodology, the research analyzes existing legal documents, scholarly articles, and international treaties to evaluate how gender considerations impact human rights enforcement and legal interpretations. The findings reveal that incorporating gender perspectives into international law can enhance the effectiveness of human rights protections and address gender-specific injustices more comprehensively. The originality of this research lies in its critical examination of how gender dimensions are integrated into legal practices and the impact of these integrations on global human rights standards. The study's implications emphasize the need for ongoing reforms in international law to better address gender inequalities and promote more equitable human rights protections. These two conceptions can be a solution to various gender problems in national law.
THE ROLE OF MEDIATION IN MUSLIM FAMILY DISPUTE RESOLUTION: QURANIC PERSPECTIVE AND CONTEMPORARY LEGAL PRACTICE Mustafid; Safrizal, Safrizal; Ismail, Hidayatullah
Syakhsia Jurnal Hukum Perdata Islam Vol 26 No 1 (2025): Januari-Juni
Publisher : Islamic Civil Law Departement of Shari'a Faculty at Islamic State University of Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/syaksia.v26i1.12281

Abstract

Mediation is one of the dispute resolution methods recommended in Islam and implemented in the contemporary legal system, including in the resolution of Muslim family disputes. This study aims to analyze the role of mediation in resolving Muslim family conflicts based on the perspective of the Qur'an and the legal practices applicable in religious courts. This research is a literature study with a qualitative approach through juridical-normative and sociological methods. Primary data include the Qur'an, Hadith, and regulations related to mediation, such as Law No. 7 of 1989. Secondary data are in the form of books, journals, and scientific articles. Data collection is carried out through text review and analyzed descriptively analytically.This study shows that mediation (Ishlah) in Islam is considered the best solution to resolve disputes, as emphasized in the Qur'an. However, its effectiveness is still hampered by low success, lack of awareness, and limited regulations and facilities. Although it has a strong foundation in Islam and positive law, its implementation needs to be strengthened to reduce the divorce rate. The synergy between legal institutions, mediators, and the community is required to increase awareness and improve the mediation system to be more effective in resolving Muslim family disputes reasonably and harmoniously.
Controversies and Transformations in Digital Zakat Fundraising: Trends, Urgencies, and Solutions Within the Framework of Maqasid As-Syariah Imam Agung Prakoso; Mustafid
Al-Kharaj: Journal of Islamic Economic and Business Vol. 7 No. 3 (2025): : All articles in this issue include authors from 3 countries of origin (Indone
Publisher : LP2M IAIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/kharaj.v7i3.7584

Abstract

The digital transformation of zakat fundraising represents a pivotal shift in Islamic philanthropy, aiming to enhance efficiency, transparency, and accessibility. However, the integration of digital systems with the normative framework of Maqasid al-Shariah remains underexplored. This study investigates the controversies, transformations, and challenges in digital zakat fundraising through a qualitative phenomenological approach, involving 25 informants across four zakat institutions in Kalimantan, Indonesia. The findings reveal that while digital platforms such as e-wallets, mobile apps, and QRIS have improved financial traceability and user convenience, the alignment with Maqasid al-Shariah principles is partial. The study identifies three core dimensions: (1) Hifz al-Mal (wealth protection), evident in enhanced accountability and reduced financial leakage; (2) Hifz al-Din wa al-Ijtima’i (religious and social preservation), supported by digital religious education and productive zakat programs; and (3) al-‘Adalah (social justice), which remains challenged by digital access disparities and uneven zakat distribution. Despite improvements, the current digital zakat ecosystem tends to favor urban beneficiaries, leaving rural communities underserved. The study advocates for a Maqasid-based digital governance framework to ensure ethical, inclusive, and sustainable zakat distribution. These insights contribute to the theoretical advancement of Islamic financial technology and offer strategic implications for policymakers, zakat institutions, and sharia-compliant innovation designers.
JUSTICE IN HUMAN RIGHTS COURTS: INTEGRATING THE CONCEPT OF ISLAMIC JUDICIARY AND THE PRINCIPLES OF INTERNATIONAL LAW Ahmad Iffan; Mustafid
Muadalah : Jurnal Hukum Vol. 5 No. 2 (2025): Muadalah : Jurnal Hukum
Publisher : Prodi Hukum Keluarga (Akhwal Syahsiyyah) IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/muadalah.v5i2.2293

Abstract

This study aims to analyze the concept of justice in Human Rights Courts through the integration of Islamic judicial principles and international legal norms. The research employs a normative-comparative juridical approach by examining primary and secondary legal sources, including international human rights instruments, Islamic legal provisions, and jurisprudential practices of national and international human rights courts. The analysis applies a qualitative and hermeneutic legal method to identify the points of convergence between the two systems in achieving substantive justice. The findings reveal that both Islamic and international legal systems share an ethical foundation centered on human dignity and moral accountability for human rights violations. The integration of these legal traditions strengthens the moral legitimacy and effectiveness of human rights adjudication, particularly in Muslim-majority countries. This research highlights the importance of cross-system legal dialogue in developing a universal paradigm of justice that transcends formal legality and embodies deeper humanistic and spiritual values
Co-Authors ARIZAL, HENDRIKO Faiz Algifari, Muhammad Helmi Chandra SY Hidayatullah Ismail, Hidayatullah Iffan, Ahmad Imam Agung Prakoso Pradana, Syafa’at Anugrah Safrizal Safrizal Satri Muliadi