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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.
Reformulating The Concept of Maslahah: From A Textual Confinement Towards A Logic Determination Iffatin Nur; Muhammad Ngizzul Muttaqin
Justicia Islamica Vol 17 No 1 (2020)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v17i1.1807

Abstract

Up to this contemporary era, the concept of maslahah developed by several leading Muslim scholars seems to be rather theocentric in a way that it is transfixed on the maslahah considerations contained in the texts (naás). This means that the concept of maslahah has so far been shadowed in the textual confinement so that the resulting maslahah becomes an old-fashioned, stagnant, and less-able concept for responding to the times’ challenges. This study aims to open up discourses and opportunities for the development and reformulation of maslahah in the current contemporary era. This qualitative study is library research. The data used were obtained from book literature, journals, and other writings related to maslahah and were analyzed using a content analysis method. The discussion was done by describing the historical data of previous thoughts on maslahah from textual confinement to logic determination, which was then formulated with the reality of today's modern era life. The results of this study indicate that: 1) from its historical aspect, the reformulation of maslahah is one which has so far only been assessed in the perspective of Shari' (the Law Maker). Hence, it is necessary to reformulate it in the perspective of mujtahid by referring to maslahah associated with the issues’ reality context, 2) there is a need to incorporate the concept of ethics and humanity into the structure of maslahah, and 3) there present a necessity to formulate a collective-based ijtihad in probing of maslahah to create a scientific maslahah-based ijtihad methodology.
Family Expectation and Poverty Alleviation Program: Approaches to Family Development Laws, Sustainable Development Goals, and Maqashid Sharia Lilis Hidayati Yuli Astutik; Iffatin Nur; Mashuri Mashuri
Justicia Islamica Vol 19 No 1 (2022)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v19i1.3227

Abstract

This research intends to evaluate the Family Expectation Program to alleviate poverty through the lens of Population and Family Development Laws, Sustainable Development Goals, and Maqashid al-Sharia. Poverty becomes a problem in human life and affects individual and social lives. This condition has made the United Nations initiate the Sustainable Development Goals (SDGs) program, which among others, aims to alleviate poverty worldwide. As a member country of the United Nations, Indonesia welcomes this initiative by preparing several national poverty alleviation programs, including Program Keluarga Harapan (PKH)/ Conditional Cash Transfer Program. This study used a qualitative research approach with a case study and multi-site design to evaluate this program. Through the study locus in Tulungagung and Trenggalek Regencies, East Java, the results of this study indicate that the PKH program in the two locations is following the objectives of Islamic law, including the protection of religion (hifz al- din), the protection of human soul and body (hifz al-nafs), the protection of wealth (hifz al-mal), the protection of mind (intelligence) (hifz al-'aql), the protection of lineage (hifz al-nasl), and the protection of honor (hifz al-'ird¸). The results of this research hopefully contribute to setting up poverty alleviation-based -government policies through family development programs to pursue Sustainable Development Goals (SDGs) based on the values of Maqashid al-Sharia.
Reconstructing Islamic Legal Epistemology: The Performative Logic of Ijtihād Irshādī in the Lajnah Bahtsul Masā’il of Pesantren Lirboyo Muhammad Ibtihajuddin; Iffatin Nur; Ahmad Muhtadi Anshor; Asmawi Mahfudz; Rifa'atul Mahmudah
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.10927

Abstract

This article examines the epistemological and performative construction of Ijtihād irshādi at the Lajnah Bahtsul Masail (LBM) of Pesantren Lirboyo as a paradigm that repositions fatwa not merely as juridical determination, but as ethical discourse shaped through communicative, pedagogical, and socially embedded reasoning. Responding to contemporary socio-religious issues such as domestic violence, interfaith marriage, and digital era household needs, this research argues that Ijtihād irshādi emphasises moral orientation, dialogical clarification, and contextual sensitivity while remaining grounded in maqasid al-shariah and the pesantren tradition. Using a qualitative phenomenological case study combined with Foucauldian archaeological discourse analysis, this study examines LBM documents, in-depth interviews with kiai and senior students, and participant observation in bahtsul masail sessions to map the epistemic formation of irshādi fatwas. The findings demonstrate that Irshadi reasoning works through nonimperative ethical guidance, performative enunciation of authority, and flexible interpretive mechanisms that integrate classical texts with lived realities. The study contributes conceptually by clarifying the epistemic structure of irshādi fatwas, methodologically through the synthesis of phenomenology and archaeological analysis, and practically by showing how pesantren-based jurisprudence can guide Muslims through evolving ethical challenges.
Wisdom in the Digital Era: Bridging Human Rights, Indonesian Cyber Law, and Progressive Fiqh Nur, Iffatin; Hadisiswati, Indri; Fajarwati, Hiba; Fithriy, Haniefa Nuruddienil; Muhammad Diyaulhaq Rais
The Journal of Society and Media Vol. 10 No. 1 (2026): Social Transformation in the Digital Media Ecosystem
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsm.v10n1.p315-340

Abstract

Digital technologies have reconfigured the landscape of public discourse, religious expression, and civic participation, generating both democratic opportunities and profound ethical challenges. While existing legal frameworks seek to regulate harmful online behavior, law alone proves insufficient to cultivate responsible digital conduct. This article argues that wisdom (ḥikmah) constitutes a critical, yet under- explored, ethical capacity for navigating the digital public sphere. Employing a normative–philosophical legal methodology, this study integrates three normative traditions: international human rights law, Indonesia’s Electronic Information and Transactions Law (EIT Law/UU ITE), and Progressive Fiqh grounded in maqāṣid al-sharī’ah, maṣlaḥah, and istiḥsān. Through conceptual and comparative analysis, the article demonstrates how wisdom functions as a mediating moral rationality that harmonizes freedom of expression with human dignity and social responsibility. The findings propose a model of “digital wisdom” that shifts governance from reactive legal control toward anticipatory ethical responsibility. This framework contributes to contemporary debates on digital governance, Islamic legal theory, and human rights by offering a culturally grounded yet universally resonant model of ethical digital citizenship. Future studies are encouraged to empirically examine how wisdom-based ethical frameworks can be institutionalized through digital literacy education, judicial practice, and religious discourse in diverse socio-legal contexts