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All Journal JURNAL MAHKAMAH FIKRI : Jurnal Kajian Agama, Sosial dan Budaya AT-Tahdzib: Jurnal Studi Islam dan Muamalah Bulletin of Counseling and Psychotherapy Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Al-Muhasib: Journal of Islamic Accounting and Finance J-MABES At-Tahdzib: Jurnal Studi Islam dan Muamalah Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Jurnal Kajian Hukum dan Sosial
Bustanul Arifin
Sekolah Tinggi Agama Islam At Tahdzib Jombang
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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The Dynamics of Conservatism in Halal Certification, Sharia Regional Regulations, and Moral Regulation: A Study of Islamic Legal Policy in Indonesia Arifin, Bustanul; Moh. Ulumuddin; Ansori, Ahmad Insya
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 13 No 1 (2025): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v13i1.525

Abstract

Background. Holistic and interconnected studies on halal certification, sharia regulations, and moral regulations as real manifestations of the conservative movement in Indonesian Islamic legal policy are still limited. Aim. This article examines the dynamics of conservatism in Islamic legal policy in Indonesia, focusing on halal certification, sharia-based local regulations (sharia regional regulations), and moral regulation. The central issue addressed is how conservative movements influence the formulation and implementation of Islamic legal policies at both national and local levels. Method. This study employs a library research method with a descriptive qualitative approach, analyzing academic literature, legal documents, and relevant empirical data. Result. The findings reveal that halal certification, sharia regulations, and moral policies serve not only as instruments of religious and consumer protection, but also as tools for social control, economic selection, and consolidation of majority identity politics. However, these policies present challenges such as unequal access, potential discrimination against minorities, and the narrowing of civil liberties. The study underscores the importance of developing fair, inclusive, and dialogical Islamic legal policies to promote social cohesion and justice within a multicultural society.
Waqf as an Instrument of Social Ethics: A Study of Islamic Legal Philosophy on Altruism and Ownership Syifauddin, Moh. Nazih; Arifin, Bustanul; Piryanti, Meri
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 13 No 1 (2025): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v13i1.531

Abstract

Background: In the tradition of Islamic law, waqf functions not only as an economic or social worship instrument but also as an embodiment of transcendent ethical values, emphasizing ownership as a trust and altruism as a social principle. However, the development of waqf studies in Indonesia remains largely dominated by technical, administrative, and productive-economic approaches, with limited attention to the underlying value structures and moral logic. Aim: This study aims to examine waqf as an instrument of social ethics within the framework of Islamic legal philosophy, focusing on three core concepts: ownership, altruism (īthār), and maqāṣid al-sharīʿah. Methods: This research employs a qualitative normative-philosophical approach using hermeneutics and textual analysis. Primary data are drawn from classical works such as those of al-Shāfiʿī, al-Ghazālī, Ibn ʿĀshūr, and Mutahhari, while secondary data are obtained from academic journals indexed in Scopus and SINTA. The analysis applies ontological, axiological, and epistemological readings of ownership concepts and waqf practices. Results: The findings reveal that waqf, in its philosophical sense, represents the relinquishment of private ownership as an act of spiritual devotion that bridges faith and social responsibility. Altruism in Islam is not merely a moral behavior but a structured ethic integrated within the Islamic legal system. Therefore, the understanding of waqf should be constructed not only through formal legal aspects but also as a reflection of the ethical logic of Islamic law, oriented toward public welfare and social justice.
Nilai-nilai Keadilan dalam Ekonomi Syari'ah Bustanul Arifin; Ilyas Nurul Azam
J-Mabes: Jurnal Manajemen, Akuntansi, Bisnis dan Studi Ekonomi Syariah Vol 2 No 1 (2024): J-MABES
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Ngoro Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/j-mabes.v2i1.396

Abstract

Sharia Economy, which is based on Islamic principles, places justice as one of its core values. Through the prohibition of usury, the obligation of zakat, profit-sharing systems, and transparency in transactions, the sharia economy aims to create a fair distribution of wealth and equal treatment for all parties. Profit-sharing systems like mudharabah and musyarakah, as well as productive waqf programs, are concrete examples of how the principle of justice is applied to enhance community welfare and reduce economic disparity. Transparency and accountability in the sharia economy ensure that all transactions are conducted with integrity, increasing trust and stability in the financial system. These values of justice not only support the achievement of economic goals but also form the foundation for a fairer and more prosperous society. The sharia economy offers a sustainable and ethical alternative to the global economic system, emphasizing a balance between economic gain and social responsibility.
Relevansi Pemikiran Yūsuf al-Qaradāwī terhadap Perilaku Konsumsi Arifin, Bustanul; Ulumuddіn, Moh.
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 12 No 1 (2024): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/at-tahdzib.v12i1.350

Abstract

Background. According to al-Qaradāwī, Islam stipulates that spending wealth must not: exceed necessary limits, and; being too frugal, not because you can't afford it, but because you're being naughty. Islam teaches consumers to be simple. Aims. This study examines al-Qaradāwī's thoughts on consumption behavior. Methods. This library research uses a theological-philosophical approach to measure al-Qaradāwī's legal istimbath method. Data was collected using documentation techniques. Content analysis was carried out qualitatively using the descriptive-analytic method. Results. Regulation of consumption behavior according to al-Qaradāwī is not being stingy or bakhil, not being wasteful and being modest. Implementing al-Qaradāwī's thoughts about not being stingy or stingy means giving donations, both obligatory and sunnah, both for oneself and for the family, for society and for fi sabilillah (in the way of Allah). Not being stingy or stingy means that humans should be fair in using wealth. Not being wasteful means not spending wealth on something that has no benefit and on something that is forbidden, including spending wealth excessively, that is, exceeding the limit in terms of things that are halal. Simplicity must be instilled in every human's daily life, namely an attitude that is in the middle between an attitude of servility, a wasteful attitude, and an excessive attitude, including an attitude of luxury. Spending wealth for needs and pleasures in Islam is not prohibited, but needs and pleasures must be in accordance with abilities and according to what is needed.
Kehujjahan Maslahah Mursalah Dalam Perspektif Imam Al-Ghazali Dan Najm Al-Din Al-Tufi Arifin, Bustanul
Al-Mawaddah: Jurnal Studi Islam dan Hukum Keluarga (Ahwal Al-Syakhsiyyah) Vol 1 No 1 (2024): Al-Mawaddah
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/al-mawaddah.v1i1.426

Abstract

This study examines the authority of maslahah mursalah according to Imam Al-Ghazali and Najm al-Din al-Tufi, two scholars with differing views on applying the concept of public interest in Islamic law. Al-Ghazali is known for his conservative approach, while Al-Tufi is more flexible and progressive. The research uses the library research method. Data were collected from primary sources, namely the works of Al-Ghazali and Al-Tufi, as well as relevant secondary literature. Descriptive-qualitative and comparative analysis techniques were used to evaluate and compare the views of both scholars. The study found that Al-Ghazali requires maslahah to align with maqasid al-shariah and not contradict nash. Al-Tufi, on the other hand, emphasizes flexibility in prioritizing maslahah, especially when dealing with nash dzanni. Both scholars contribute significantly to the understanding and application of the concept of maslahah in contemporary Islamic law.
Fiqh Humanism in Interfaith Relations: Sufistic Expressions of Shalawat Wahidiya in Indonesia Bustanul Arifin; Diyan Putri Ayu; Ahmad Insya Ansori; Muhammad Misbahuddin; Safa Alrumayh
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.10264

Abstract

This study examines how fiqh humanism can be operationalised as a lived legal–ethical framework through the Sufistic practices of Shalawat Wahidiya in Indonesia. The research addresses the question of how Islamic legal objectives (maqāsid al-sharīa) are translated into concrete interfaith engagement and social ethics in a plural religious context. Positioning itself within maqāsid-oriented jurisprudence and contemporary Sufism studies, the article argues that Islamic law does not need to be limited to normative abstraction or legal formalism, but it can function as an ethical system verified through social practice. Methodologically, the study employs a convergent mixed-methods design, integrating a survey of 382 respondents with participant observation, in-depth interviews in Jombang, East Java and document analysis. Quantitative data map patterns of inclusivity, interfaith attitudes, and community sustainability, while qualitative findings explain how these patterns are ethically internalised and institutionally organised. The findings demonstrate that Wahidiya operates as a living maqāsid system, where collective dhikr, ritual openness, and consultative governance foster emotional security, interfaith comfort, and social cohesion without weakening Islamic commitment. The study contributes theoretically by advancing fiqh humanism as an empirically verifiable framework and provides a model that can be used to analyse Islamic legal and spiritual practices in diverse societies.
Psychological Dimensions of the Family in the Uleman Ago Nikahken Anak Tradition of the Lampung Pepadun: Perspectives of Marcel Mauss's Reciprocity and 'Urf Annikmah Farida; Bustanul Arifin; Sri Sudono Saliro; Saipudin Saipudin; Etika Rini; Khairul Aripin
Bulletin of Counseling and Psychotherapy Vol. 7 No. 3 (2025): Bulletin of Counseling and Psychotherapy
Publisher : Kuras Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51214/002025071787000

Abstract

The traditional practice of Uleman in the Lampung Pepadun community is often only seen as an Uleman ritual, even though there is a reciprocity mechanism that has a profound impact on the psychological and economic dimensions of the family. This study aims to analyze the practice of Uleman ago nikahken children as a construction of moral obligations using the perspective of Reciprocity Marcel Mauss and the concept of 'Urf Islamic law. Through the qualitative method of field studies in Central Lampung, it was found that the Uleman is an instrument of social legitimacy with four symbolic levels: nagau, cloth, cigarettes, and cleaning tools. Psychologically, the high intensity of the Uleman creates chronic strain for the family in order to maintain dignity (Pi'il Pesenggiri). The inability to reciprocate giving is perceived as a social failure, thus triggering a coping strategy through collective support. Although financially burdensome, this tradition is categorized as 'Urf Saheeh because its essence strengthens solidarity (Sakai Sambayan) and friendship. This study concludes that the psychological dimension in Ulemans is born from the negotiation between moral responsibility, economic capacity, and efforts to maintain family honor under community supervision. The sustainability of this tradition depends on the balance between the preservation of honorary values and the principle of welfare so as not to become a structural burden on Muslim families.
ISLAMIC LEGAL REASONING IN DISPUTE RESOLUTION AND SHARIA FINANCIAL RISK MANAGEMENT OF DSN-MUI FATWAS Bustanul Arifin; M. Muslih; Rimanto Rimanto; Eti Karini; Syeh Sarip Hadaiyatullah
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14447

Abstract

This study examines the institutional legal reasoning of the Indonesian National Sharia Council (DSN-MUI) in developing the normative framework for dispute resolution and risk management in Sharia finance. Through a qualitative corpus analysis of fatwas on taʿwīḍ (compensation for loss), debt restructuring, and debt transfer, the research argues that these fatwas do not function as isolated case-by-case rulings. Instead, they form a coherent body of evolving institutional reasoning that shifts Islamic financial law from a rigid, contract-validity-focused paradigm toward a dynamic risk governance paradigm. The findings reveal that DSN-MUI consistently distinguishes between involuntary and willful default, designs restorative rather than punitive compensatory mechanisms, and systematically integrates principles of maqāṣid al-sharīʿah and maṣlaḥah with modern financial governance needs. The analysis further contrasts DSN-MUI's contextualized legal reasoning with the standardized approach of AAOIFI, highlighting how DSN-MUI adapts Islamic legal principles to Indonesia's socio-economic and regulatory context. The study concludes that DSN-MUI fatwas collectively construct a distinct model of Fiqh al-Mukhāṭarah wa al-Nizāʿ (Fiqh of Risk and Dispute Resolution), positioning Islamic law as an integral instrument for systemic risk management, contractual sustainability, and equitable dispute resolution within a modern financial ecosystem.
Legal Reasoning for the National Sharia Council – Indonesian Ulema Council Fatwa on Guarantees, Liquidity, and Sharia Compliance of Gold Rahn in Islamic Financial Institutions Muhammad Ma’rur; Bustanul Arifin
At-Tahdzib: Jurnal Studi Islam dan Muamalah Vol 14 No 1 (2026): At-Tahdzib
Publisher : Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61181/kr4z3894

Abstract

Background. The increasing use of gold-based rahn (Islamic pawn) in Islamic Financial Institutions (IFIs) has positioned it as a prominent short-term liquidity instrument. However, its rapid expansion raises concerns regarding substantive Sharia compliance, particularly in relation to the implementation of National Sharia Council – Indonesian Ulema Council (DSN-MUI) fatwas and the proper structuring of contracts. Aim. This study aims to analyze the conformity of gold rahn practices with the principles of fiqh muʿāmalah and DSN-MUI fatwas, as well as to examine their implications for liquidity stability and risk mitigation within IFIs. Methods. The research employs a library research design using a normative-juridical approach combined with legal reasoning analysis. Relevant classical fiqh literature, contemporary Sharia regulations, and DSN-MUI fatwas are examined to assess the legal structure and operational mechanisms of gold rahn practices. Results. The findings indicate that normatively, gold rahn practices fulfill the essential pillars and conditions of the contract. Nevertheless, at the implementation level, potential deviations are identified in the determination of ujrah (service fees) and contractual transparency. Strengthened Sharia compliance plays a strategic role in enhancing risk mitigation mechanisms and maintaining customer trust, thereby contributing to the liquidity stability of IFIs.
Co-Authors Ahmad Insya Ansori Ahmad Insya' Ansori Annikmah Farida Ansori, Ahmad Insya Diyan Putri Ayu Eti karini Etika Rini Fadwa Aly Elsayed Mohamed Himmatun Nisa Ilyas Nurul Azam Khairul Aripin M Muflikhul Khitam M. Muslih Meri Piryanti Moh. Ulumuddin Muhammad Ma’rur Muhammad Misbahuddin Muhammad Nabhani Purwantoro Purwantoro Purwantoro Rimanto Rimanto Safa Alrumayh Saipudin Saipudin Sri Sudono Saliro Syeh Sarip Hadaiyatullah Syifauddin, Moh. Nazih Ulumuddіn, Moh. Yundari, Yundari Zainal Fanani