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Analyzing Court Decisions on Interfaith Marriage: A Maqasid Sharia Perspective Putri, Allysa Novita; Nur, Iffatin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.35268

Abstract

The aim of this research is to analyze court decisions on interfaith marriages, specifically the decisions numbered 916/Pdt.P/2022/PN. Sby and 71/Pdt.P/2017/PN. Bla. This research uses a qualitative method with a normative juridical approach. The data in this study are digital data. The results of this research show differences in the interpretation of Article 2 paragraph (1) of the Marriage Law. The Surabaya District Court's decision interprets Article 2 paragraph (1) of the Marriage Law as indicating that interfaith marriage is not prohibited. This leads to a legal vacuum that causes judges to use the explanation of Article 35 (a) of the Population Administration Law to permit interfaith marriages and Article 10 paragraph (3) of Government Regulation No. 9 of 1975 to provide a basis for the implementation of interfaith marriages. The Blora District Court's decision interprets Article 2 paragraph (1) to consider the validity of marriage based on the respective religions of the applicants. The analysis results based on the theory of maqasid al-shari'ah proposed by Jamaluddin Athiyah indicate that the decision from the Surabaya District Court does not show preservation, while the decision from the Blora District Court does show preservation. The analysis based on Islamic legal methodology, maqasid al-shari'ah proposed by Jasser Auda, shows that both decisions do not fully meet the standards of the system approach.
Revitalization of Financial Freedom Based on Maqashid Al-Syariah Fi Hifdz Al-Mal Ubaidillah, Ubaidillah; Nur, Iffatin; Khamami, Achmad Rizkon
Proceedings of Annual Conference for Muslim Scholars Vol 8 No 1 (2024): AnCoMS, Oktober 2024
Publisher : Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/ancoms.v8i1.685

Abstract

Current global economic instability and weak personal financial management make the economy increasingly complicated. Implementation maqashid syariah fi hifdz al-mal offers new improvisations to revitalize financial freedom. This research explores integration maqashid syariah fi hifdz al-mal in financial planning and management to improve financial well-being. Aspect hifdz al-mal not only protects assets but also strengthens the financial system and increases financial stability. This research design uses a qualitative case study approach. The findings of this study demonstrate applicability maqashid syariah fi hifdz al-mal in managing assets leads to financial freedom which is more inclusive. In addition, this approach increases public confidence in the financial system and contributes to more efficient and sustainable resource management. This research offers valuable scientific knowledge for individuals and policy makers in designing financial strategies that are more responsive and ethical and support social welfare with a sustainable economy.
IMPLEMENTASI AKAD MUSYARAKAH MUNTAHIYAH BI AL-TAMLIK DALAM PERSPEKTIF MASLAHAH A. Zaky Fuad; Iffatin Nur
Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam Vol. 19 No. 2 (2021): (Oktober 2021)
Publisher : LPPM IAI IBRAHIMY GENTENG BANYUWANGI

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of writing this article is to find out what the musyarakah muntahiyah bi al-tamlik contract is and how to implement it. Broadly speaking, this contract consists of two keywords, namely musyarakah and tamlik (ownership), which means that this contract is a contract that is carried out is a collaboration between two or more people who promise that at the end of the period it will end with ownership of capital or assets by one. one party in full. The implementation of this contract is carried out by making a syirkah contract first then the second contract can use a sale and purchase contract, a grant or other contract that is justified according to sharia, this is done to avoid the occurrence of multiple contracts in one transaction which usually will lead to the occurrence of gharar. This research is a normative study with a conceptual approach, namely the discussion of the musyarakah muntahiyah bi al-tamlik contract. The extraction of legal materials is carried out through literature studies related to the study of maqashid al-sharia and maslahah both classical and contemporary literature. In determining Islamic law, it often uses maqashid al-sharia which consists of five components, namely maintaining religion (hifdz al-din), guarding the soul (hifdz al-nafs), maintaining reason (hifdz al-'aql), maintaining descent (hifdz al -nasl) and safeguarding property (hifdz al-maal), so that in this transaction no party feels burdened because in the practice of the Islamic home ownership cooperation, they can occupy the house first and make repayments at the end of the contract period so that later the house will become the property. syarik as a whole.
Redenomination of the Indonesian Rupiah: A Legal-Policy Analysis from a Maqāṣid Perspective Nur, Iffatin; Puspitasari, Reni Dwi; Hadisiswati, Indri; Nur Ilmas, Divia Nur Alan
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.155

Abstract

This article examines the proposed redenomination of the Indonesian Rupiah through a normative–conceptual legal-policy analysis informed by the Maqāṣid al-Sharīʿah framework. The study evaluates the legal foundations, philosophical justification, and policy implications of redenomination within Indonesia’s current macroeconomic and institutional context. Drawing on primary legal materials such as Law No. 7 of 2011 on Currency, Bank Indonesia regulations, and Ministry of Finance instruments alongside doctrinal writings and legal-philosophical scholarship, the research integrates doctrinal interpretation, legal-policy analysis, and maqāṣid reasoning. The findings indicate that redenomination is normatively grounded in constitutional mandates to ensure currency sovereignty and monetary stability. It enhances transactional efficiency, supports price transparency, and strengthens currency credibility when implemented under stable macroeconomic conditions. From the Maqāṣid framework, redenomination aligns with ḥifẓ al-māl (protection of wealth), al-ʿadālah (justice), and maṣlaḥah (public welfare). This study contributes an interdisciplinary framework bridging legal doctrine, public policy, and Islamic legal philosophy. Limitations arise from reliance on secondary sources, indicating the need for empirical and comparative research.
Best Interest of the Child (Ḥifẓ al-Awlād) Principle in Adjudicating Marriage Dispensation for Under-Age Couples Moch. Nurcholis; Iffatin Nur; Abd. Holik; Ahmad Muhtadi Anshor
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i2.15927

Abstract

Since the enactment of Law Number 16 of 2019, which amended Law Number 1 of 1974 on Marriage, the Religious Court of Malang Regency has experienced a significant surge in marriage dispensation applications compared to the period when the previous Marriage Law was still in effect. This research aims to construct the concept of maqāṣid asy-syarī’ah fī ḥifẓ al-awlād by analyzing judicial reasoning of judges in determining marriage dispensations at Malang Regency Religious Court. It specifically explores how judges’ interpretations of the best interests of the child can be formulated into a new derivative of maqāṣid theory. This research is a normative-empirical juridical research with a case approach. The data were collected through interviews with three male judges and two female judges from the Religious Court of Malang Regency. Informants were selected using purposive sampling, targeting judges with the most extensive experience in handling marriage dispensation cases. As data saturation had been reached, the number of informants was deemed qualitatively representative. Data were also obtained from official documentation of legally binding marriage dispensation rulings (inkracht van gewijsde). All data were analyzed using a descriptive-analytical approach, and conclusions were drawn through the application of an interactive cyclical method. The principle of the best interests of the child in determining marriage dispensations aims at providing protection for the child, both physically and psychologically. It includes the age of the prospective bride and groom, economic adequacy, reliable guidance and assistance from the family, and adequate religious safety and protection of children in the womb.