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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.
All You Can Eat dalam Tinjauan Maslahah al-Mursalah : Implikasi Hukum Islam terhadap Praktik Bisnis Modern ubaidillah, ubaidillah; Nurohman, Dede; Muhtadi Anshor, Ahmad
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.215

Abstract

The "All You Can Eat" (AYCE) business practice has become a popular business model among the public, especially in the culinary sector. However, this phenomenon raises a number of questions related to halalness and sustainability from an Islamic legal perspective. This research aims to analyze AYCE buying and selling practices through a review Maslahah al-Mursalah (benefits that are not directly explained in the text) as an approach in Islamic law. The method used is qualitative analysis with a normative approach that examines fiqh principles and maslahah theory to assess whether AYCE practices bring benefits to individuals and society. This research found that although AYCE can provide economic benefits for entrepreneurs and satisfaction for consumers, there are potential losses in the aspects of waste (israf), nutritional imbalances, and impacts on health that must be avoided. In perspective Maslahah al-Mursalah AYCE practices can be justified if the principles of welfare and sustainability are maintained, but there needs to be strict regulation to ensure that no party is harmed and that excessive consumption can be avoided. This research concludes that the application of principles Maslahah al-Mursalah In business, AYCE can potentially provide benefits as long as it is in accordance with the values ​​of justice and balance in Islam.
Istri Pemberi Nafkah Utama dalam UU No. 1 Tahun 1974 Perkawinan Perspektif Maqāshid al-shari’ah Jasser Auda Pangestu, Pujo; Asmawi; Ahmad Muhtadi Anshor
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)
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.v24i1.15419

Abstract

Background: In contemporary society, professional women are present in every field, from educators to heads of state. Consequently, the phenomenon of the wife becoming the main breadwinner within the family context is increasingly common. However, existing regulations, a prevailing patriarchal culture, and non-comprehensive religious interpretations often act as barriers. It is therefore crucial to re-examine the wife's role as the primary provider within the current legal framework. Purpose: This study aims to analyze the position of the wife as the main breadwinner within the legal framework of Law No. 1 of 1974 on Marriage, and to connect it with the objectives of Jasser Auda Maqashid al-Shari’ah, which emphasize justice, welfare, and the sustainability of the family in an increasingly dynamic society. Methods: The research method employed is a literature review using a qualitative and normative approach. Data are collected from legal sources (Law No. 1/1974), scientific literature, and Jasser Auda’s Maqashid al-Shari’ah perspective. The data are then analyzed to identify the relevance and applicability of these principles within the context of dynamic gender roles. Results: The findings indicate that the wife's role as the main breadwinner can be legally recognized and has positive implications for family welfare. The discussion highlights the importance of revising the understanding of gender norms within marriage law. Implication: It is recommended that there is a need for policy support aligned with Maqashid al-Shari’ah to revise gender norm understandings, thereby creating a more just and balanced environment for all family members, and ensuring the law does not discriminate against women Originality: This study offers a new jurisprudential perspective that critically integrates Jasser Auda’s Maqashid al-Shari’ah framework to reinterpret the wife's role as the main breadwinner within Marriage Law No. 1 of 1974 which currently poses potential barriers
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.
Strategi Lembaga Amil Zakat Infak Shadaqah Muhammadiyah Kabupaten Tulungagung Dalam Meningkatkan Kepercayaan Muzakki Eva Fahmadia Jilan Maulida; Ahmad Muhtadi Anshor
ZAWA: Management of Zakat and Waqf Journal Vol. 2 No. 1 (2022): June
Publisher : Institute of Research and Community Service Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/zawa.v2i1.6368

Abstract

Zakat is the leading financial instrument among Muslims. Therefore, muzakki's trust in the Amil Zakat Institution must be encouraged to increase groups. Furthermore, this study aims to determine the LAZISMU strategy in Tulungagung Regency to increase muzakki confidence and determine the supporting and obstacles factors in increasing muzakki trust. This study used field research with a qualitative approach descriptively to get the information concerning an existing condition. As a zakat management institution, LAZISMU Tulungagung Regency uses various strategies to increase the trust of muzakki, including Distribution of trustworthy zakat infaq and shadaqah funds, transparency of fund management, improving service quality, and maintaining relationships with muzakki. This strategy aims to increase muzakki trust carried out by LAZISMU Tulungagung Regency. In addition, in 2021, around 90% of the Tulungagung Regency Muhammadiyah Association members will receive ZIS funds through LAZISMU Tulungagung Regency.
Revitalizing Financial Freedom to Achieve a Sustainable Economy Based on Maqashid al-Shariah in Hifz al-Mal Ubaidillah Mansur; Dede Nurohman; Ahmad Muhtadi Anshor
Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah Vol. 9 No. 2 (2024)
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/jm.v9i2.18582

Abstract

Global economic instability and poor financial planning have created significant challenges in achieving financial freedom, particularly in Indonesia, where low financial literacy, limited access to financial services, and inadequate savings exacerbate the issue. Integrating maqāṣid al-sharī‘ah, especially ḥifẓ al-māl, offers an ethical and sustainable framework for addressing these challenges and achieving inclusive financial freedom. This qualitative study employs a case study approach, utilizing data from academic journals, reports from international organizations, interviews with Islamic economics experts, and supporting statistics. The findings reveal that Sharia principles in investment and wealth management enhance financial inclusion, stability, and public trust. The principle of ḥifẓ al-māl safeguards assets and promotes responsible financial practices aligned with ethical and social objectives. By incorporating maqāṣid al-sharī‘ah in financial planning, individuals and societies benefit from improved well-being and sustainable economic development. This study highlights the synergy between financial freedom and sustainability, emphasizing education, justice, and resource efficiency as core strategies. Policymakers and individuals are encouraged to adopt sharia-compliant financial practices for long-term prosperity. While offering valuable insights, the study acknowledges its limitations and calls for further research on the role of digital financial technology in enhancing financial inclusion under maqāṣid principles.Keywords: Financial Freedom, Maqāṣid al-Sharī‘ah, Ḥifẓ al-Māl, Sustainable Economy, Financial Inclusion
Pernikahan sebagai Instrumen Kekuasaan dan Status Sosial: Studi Historis tentang Praktik Perkawinan di Kalangan Ménak Sunda Pujo Pangestu; Asmawi Asmawi; Ahmad Muhtadi Anshor
FASTABIQ: JURNAL STUDI ISLAM Vol. 6 No. 2 (2025): FASTABIQ: JURNAL STUDI ISLAM
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47281/fas.v6i2.248

Abstract

This study aims to analyze marriage practices among the Sundanese aristocracy (ménak) during the pre-independence period of Indonesia, focusing on their relationship to social status, power, and wealth. The research explores socio-economic motivations underlying marriage practices that often transcended love or religious devotion, functioning instead as instruments for consolidating authority and sustaining elite lineage. The study employs a library research method with content and descriptive analysis approaches. Data were collected from historical literature, customary law sources, and anthropological studies, and were validated through corroboration analysis by comparing data across multiple references. The findings reveal that marriages among the Sundanese nobles served as strategic tools for preserving noble bloodlines, strengthening political alliances, and maintaining family power and economic stability. Practices such as early arranged marriages, polygamy, and politically motivated unions were integral to this socio-cultural system. Culturally, marriage symbolized honor and the legitimization of social hierarchy within traditional Sundanese society. The study recommends further research on the evolution of marriage values and practices among contemporary Sundanese communities within the framework of modernity and gender.
Internalization of Hanifiyyah Values in Character Education for Students of Madrasah Ibtidaiyah Pujo Pangestu; Asmawi Asmawi; Ahmad Muhtadi Anshor; Syauqy Arinal Haqq
At-Ta'lim : Media Informasi Pendidikan Islam Vol 24, No 2 (2025): DECEMBER
Publisher : Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/attalim.v24i2.9659

Abstract

ENGLISH: Internalization of Hanifiyyah Values in Character Education for Students of Madrasah IbtidaiyahObjective: This study aims to explore the internalization of Hanifiyyah values rooted in pure monotheism, sincerity, simplicity, and the moral integrity of Prophet Ibrahim AS in character education at MIS Al-Huda Haur Wangi, Cianjur. Method: The research design employs a qualitative case study, involving research informants comprising the head of the madrasah, teachers, parents, and 100 students. Data collection was conducted through in-depth interviews, participatory observation, and documentary studies. Results: Hanifiyyah values are systematically integrated through routine practices (such as Sunnah prayers), teacher role modeling, and school policies. The majority of students showed significant improvement in honesty, worship discipline, and social awareness. Conclusion: A holistic and practice-oriented Hanifiyyah-based character education approach can be employed to cultivate students' noble character, particularly in Islamic schools. Contribution: This research presents a Hanifiyyah-based character education model as a philosophical-pedagogical framework that bridges the gap between abstract theological doctrine and pedagogical practice in instilling Islamic character education.INDONESIAN: Internalisasi Nilai-nilai Hanifiyyah dalam Pendidikan Karakter Siswa Madrasah Ibtidaiyah.Tujuan:  Penelitian ini bertujuan untuk mengeksplorasi internalisasi nilai Hanifiyyah yang berakar pada tauhid murni, keikhlasan, kesederhanaan, dan integritas moral Nabi Ibrahim AS dalam pendidikan karakter di MIS Al-Huda Haur Wangi, Cianjur. Metode: Desain penelitian menggunakan studi kasus-kualitatif, I informan penelitian terdiri dari kepala madrasah, guru, dan orang tua, serta melibatkan 100 siswa. Pengumpulan data dilakukan melalui wawancara mendalam, observasi partisipatif, dan studi dokumentasi. Hasil: Nilai Hanifiyyah diintegrasikan secara sistematis melalui pembiasaan rutin (shalat Sunnah), keteladanan guru, dan kebijakan sekolah. Mayoritas siswa menunjukkan peningkatan signifikan dalam kejujuran, kedisiplinan ibadah, dan kepedulian sosial. Kesimpulan: Pendekatan pendidikan karakter berbasis Hanifiyyah yang holistik dan berorientasi praktik dapat digunakan dalam membentuk akhlak mulia siswa khususnya pada di sekolah berbasis islam. Kontribusi: Kontribusi penelitian ini menawarkan model pendidikan karakter berbasis Hanifiyyah sebagai kerangka filosofis-pedagogis antara doktrin teologis yang abstrak dan praktik pedagogis, dalam menanamkan pendidikan karakter islam.
The Phenomenon of Pranking the Millennial Generation: Between Sad Dzariah and Fath Dzariah Ahmad Muhtadi Anshor
Tribakti: Jurnal Pemikiran Keislaman Vol. 33 No. 1 (2022): Tribakti: Jurnal Pemikiran Keislaman
Publisher : Universitas Islam Tribakti (UIT) Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/tribakti.v33i1.1943

Abstract

This study aims to formulate a model of contemporary Islamic law approach based on sad dzariah and fath dzariah towards the millennial generation's phenomenon and culture of pranking. There are various new phenomena and cultures in the current millennial era which are identical with moral damage and socio-cultural harm to Indonesian society, as is the culture of pranking by the millennial generation. This is because the current millennial generation's pranking phenomenon has various impacts on people's lives. This condition then raises several questions: First, how is the impact of the phenomenon and culture of pranking by the millennial generation on the socio-cultural formation of Indonesian society? Second, how are the sad dzariah and fath dzariah approach model responding to the impact of the millennial generation's phenomenon and culture of pranking on the socio-cultural formation of Indonesian society? The research method used to answer these questions is to use the library method with databases on books, articles, and various data from the media and research related to the cultural impact of pranking in Indonesia. The data that has been collected is then compiled descriptively and analyzed using the content analysis method to conclude. This study found that: First, although it has a positive impact, it turns out that the negative impact is more dominant in the phenomenon and culture of pranking in Indonesia. Second, sad dzariah and fath dzariah have the urgency to avoid pranks and the culture of pranking as a means to avoid crime.
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.