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All Journal Ahkam: Jurnal Ilmu Syariah Al-Manahij: Jurnal Kajian Hukum Islam IBDA` : Jurnal Kajian Islam dan Budaya IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Al-Ahkam Al-Jami'ah: Journal of Islamic Studies Al-Ahwal: Jurnal Hukum Keluarga Islam El-Mashlahah Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam Journal of Islamic Law Al-Mazaahib: Jurnal Perbandingan Hukum Al-Manahij : Jurnal Kajian Hukum Islam IBDA': Jurnal Kajian Islam dan Budaya Jurnal Legisia Supremasi Hukum: Jurnal Kajian Ilmu Hukum Al-Istinbath: Jurnal Hukum Islam Journal of Progressive Law and Legal Studies Jurnal Hukum Islam Jurnal Legislasi Indonesia
Ali Sodiqin
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Maqasid Sharia Perspective in Changes the Marriage Age Limits for Women According to Law Number 16 of 2019 Rizki, Darlin; Oktalita, Frina; Sodiqin, Ali
AL-ISTINBATH : Jurnal Hukum Islam Vol 7 No 2 November (2022)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (754.958 KB) | DOI: 10.29240/jhi.v7i2.4016

Abstract

This study analyzes the changes to Law no. 16 of 2019 on Law No. 1 of 1974 concerning the age limit of marriage. There are various responses in society, socio-cultural clashes and even religion cannot be avoided, where this situation is increasingly difficult to achieve the goal of marriage. This raises the question, why is it necessary to rearrange the age limits for marriage, and what background causes it? This study uses the maqasid sharia approach with the System theory of Jasser Auda. This type of research is descriptive qualitative using the maqasid sharia approach. The object of study is Law no. 19 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage. This study uses secondary data from two sources. First, the primary source is taken from the text of the Law and the Decision of the Constitutional Court. Second, secondary sources such as books, journals, reports, magazines, newspapers, and so on. Then the data are interpreted and analyzed descriptively. The results of this study showed that the determination of changes to the law regarding the age limit for marriage can be classified into the interests of al-dharurriyah (primary), which are important and must be fulfilled to achieve the goals of sharia, namely safety. The analysis of maqasid sharia with six subsystem features explains that protected interests are closely related, which are related to one another, representing age differences in marriage, which is a form of discrimination. The scope of the provisions on the age limit for marriage is classified as maqasid ‘ammah, because it covers all the interests of women in Indonesia. Also, as maqasid khassah, legal protection from the fulfillment of basic rights and constitutional rights as citizens. The level of dharuriyah does not always have the implication of obligatory syar'i (causing sin) but only until obligatory hukm (must), because the legal provisions are explored by mujtahids and are based on the absence of qat'y texts on this issue.
Positifikasi Hukum Islam di Indonesia: Prospek dan Problematikanya Sodiqin, Ali
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 1 No. 2 (2012): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/sh.v1i2.1922

Abstract

Implementation of Islamic law in Indonesia has any problems, internal aspectand external one. In reality, the relationship between Islam and the state have caused afriction of interests between of moslem in one side and the state in another. As areligion, Islam put all its norms into effect for its adherents,meanwhile the state isimpossible to conduct rule of law from one religion. In other hand, institutionalizationof Islamic law faced two problems, firstly,related to the position of Islamic law in thenational law, and secondly, related to internal aspect of Islamic law. These problems areimplicate to the developmental prospect of Islamic law in Indonesia. The suggestedfactors of Islamic law are majority in adherents, widely the object,and supporting ofIslamic organizations. The handicaps of implementing of Islamic law are uncompletelyin its institutionalization, and dichotomy of Islamic thought, and influence ofunstability political law in Indonesia.
Halal but Forbidden? A Systems Approach to Tompangan Transactions in Sumenep, Madura Suaidi; Sodiqin, Ali
El-Mashlahah Vol 15 No 2 (2025)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.9049

Abstract

The tompangan tradition in Sumenep, Madura, is a long-standing form of communal cooperation involving exchanging money and goods. However, on November 12, 2023, during a bahsul masā’il session, the Sumenep branch of Nahdlatul Ulama (PCNU), led by KH. Hafidzi Syarbini declared that the practice is “permissible but prohibited.” This ruling reflects growing public concerns over its negative effects, as tompangan has increasingly shifted from social solidarity toward profit-oriented practices that burden families economically. The study examined the transformation through the lens of maqāṣid al-syarī‘ah using Jasser Auda’s systemic approach. Employing a socio-legal, qualitative-exploratory method, data were collected through interviews and literature review. The findings reveal a shift in value from social to profit-driven orientations; many transactions have become individualistic, self-serving, and textually exclusive, neglecting broader ethical and social considerations. As the result, this shift fails to realize both the al-hadaf (immediate goals) and al-gayah (ultimate purposes) of Islamic law, diverging from Auda’s systemic interpretation of the maqāṣid. The study contributes by framing tompangan, not merely as a socio-cultural phenomenon but also as a legal-ethical case that illustrates the tension between ʿurf and the higher objectives of Islamic law. The findings enrich contemporary Islamic legal discourse by offering the systemic maqāṣid framework as a critical analytical tool for evaluating socio-religious practices.
Co-Authors ABDUL MUJIB Abdul Mujib Abdur Rozaki, Abdur Alfi Syahrin, Alfi Aniroh, Reni Nur Dewi Murniati Hakimi, Abdul Rahim Haniyah, Haniyah Kamsi Kamsi Kamsi Kamsi, Kamsi Khoiruddin Nasution Moch. Nur Ichwan Muhammad Fauzinudin Faiz Mujtahid Mujtahid Musanna, Khadijatul Muzakki, Muh Afif Muzalifah Muzalifah Muzalifah Muzalifah Muzalifah, Muzalifah Nopriansyah, Waldi Nur Komala Oktalita, Frina Qudussalam, Abdul Qurotu Aini, Qurotu Radiamoda, Anwar M Ridho, Hilmi Suaidi Suaidi Suaidi, Suaidi Umroh, Roehana Rofaidatun Yulianis, M Sifa Fauzi