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The Phenomenon of Distribution and Impact of Zakat: How is it Practiced in Muslim Societies Maulana, Gempa; Sulfinadia, Hamda; Efrinaldi, Efrinaldi; Ringgit, Awang
Samara: Journal of Islamic Law and Family Studies Vol. 1 No. 1 (2023): December
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Zakat, as an act of worship and a form of obligation for Muslims, has a crucial role in creating social justice and reducing economic inequality in Muslim communities. This research aims to provide a deeper understanding of how the zakat distribution process takes place. This type of research is empirical juridical research, namely by studying directly in the field to see directly how zakat is distributed, and the implications for the beneficiaries. The research results show that First The majority of people tend to view zakat only as an obligation that must be fulfilled by individuals, without understanding the potential positive impact it can have on the economic recovery of their fellow citizens; second, The practice of distributing zakat is carried out through an event called "mando'a," where zakat is distributed equally to all guests who attend the event; third, This research also found that the legal basis that requires every Muslim to pay zakat is contained in the Quran Surah At-Taubah verse 60, the words of Rasulullah SAW, and Law no. 32 of 2011 Article 25 concerning Zakat. However, even though there is a strong legal basis, the zakat funds received by Mustahik are insufficient to meet their needs. These funds are limited to daily needs, so they cannot have a significant long-term impact on their economic recovery. Thus, this research provides a clear picture of zakat practice, identifies differences between community perceptions and Islamic law, and shows potential improvements in zakat distribution to provide greater social and economic impact for mustahik.
Pengesahan Pernikahan Fasid Dalam Rangka Perceraian: Studi Analisis atas Putusan Pengadilan Agama Padang No. 379/Pdt.G/2023/PA.Pdg Afrizal, Afrizal; Salma, Salma; Efrinaldi, Efrinaldi; Elfia, Elfia
Al-Maslahah : Jurnal Ilmu Syariah Vol 21, No 2 (2025)
Publisher : Fakultas Syariah (Syari'ah Faculty )

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/al-maslahah.v21i2.3105

Abstract

This research aims to analyze the Decision of the Padang Religious Court Number 379/Pdt.G/2023/PA.Pdg which rejected a wife's (plaintiff) divorce suit because the plaintiff was deemed unable to prove the existence of a legal marriage between the plaintiff and the defendant which was carried out under the hand (sirri ). The focus of this research is to find out the basis for the court's considerations in making a decision and to find out whether the decision fulfills a sense of justice for the plaintiff. Researchers use qualitative analysis methods using a normative juridical approach. The results of the research show that the court's most basic consideration in deciding this case was that the marriage of the plaintiff and defendant did not meet the harmony and requirements of marriage in Islam. Even though the marriage was carried out by a marriage guardian, the plaintiff's marriage guardian was not a legal guardian, so the court was of the opinion that the request for legalization of the marriage between the plaintiff and the defendant was not proven, so the plaintiff's divorce claim was rejected because there is no divorce without marriage. After conducting research, decision number 379/Pdt.G/2023/PA.Pdg was deemed not to provide justice and a solution to the chaos in the plaintiff and defendant's household, at least felt by the plaintiff as a wife. The plaintiff was unable to get out of a marriage which he considered to be a broken marriage because the marriage conditions were not met, while the plaintiff and the defendant had actually been together like husband and wife for 15 years without being questioned by anyone else and had also been blessed with two children.
Legal Dynamics of Financial Responsibility and Marital Property in Indonesian Marriages Rahmi Rahmi; Jayusman Jayusman; Nur Azizah; Efrinaldi Efrinaldi; Rahmawati Rahmawati
USRATY : Journal of Islamic Family Law Vol. 3 No. 1 (2025): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v3i1.8948

Abstract

This study explores the legal dynamics between financial responsibility and marital property in the context of marriages in Indonesia, with a specific focus on reconciling the normative gap between Islamic law and the Indonesia’s national legal system. While Islamic law places full financial responsibility (nafaqah) on the husband, Indonesian civil law applies a gender-neutral approach by recognizing joint marital property acquired during marriage, regardless of who earned it. This normative legal research employs a qualitative approach using statutory, conceptual, and comparative analyses of both Islamic legal texts (Qur’an, Hadith, and classical fiqh) and national legal instruments such as the Marriage Law No. 1 of 1974 and the Compilation of Islamic Law (KHI). The findings reveal a fundamental inconsistency: Islamic jurisprudence emphasizes the husband's economic duty, whereas civil law presumes equal ownership, potentially leading to legal ambiguity in divorce and inheritance cases. The study concludes that this dualism requires a contextual reinterpretation of the joint property regime that respects Islamic ethical values while adapting to modern socio-economic realities, including the increasing financial contributions of women. It is recommended that legal reforms recognize differentiated spousal roles without undermining gender justice. Proposing an integrative legal framework, this research bridges the gap between normative Islamic obligations and the state’s egalitarian legal principles. Such framework offers a more just, ethical, and socially relevant model for regulating financial responsibility and property rights in Muslim marriages within Indonesia’s plural legal system.
DA'I WALAKEDU: THE DILEMMA OF DA’WAH WAGES AT HAMZAH YUNUS MUHAMMADIYAH ISLAMIC BOARDING SCHOOL KUOK – A STUDY ON THE CONCEPT OF AL-UJRAH 'ALA AL-THA'AH Desteny Layla; Hamda Sulfinadia; Efrinaldi Efrinaldi
ORASI: Jurnal Dakwah dan Komunikasi Vol. 15 No. 2 (2024): Desember 2024
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/orasi.v15i2.16128

Abstract

This research focuses on the dilemma faced by da'i in determining da'wah rates, which has led to the emergence of the term da'i walakedu in Indonesia. The study aims to analyze how Islam views the concept of al-ujrah ala al-tha'ah in relation to preachers who accept wages, either voluntarily or by setting specific rates. This research employs a field research methodology, using primary data collected through questionnaires. The sample for this study consists of seven teachers who also serve as preachers at the Mahmud Yunus Muhammadiyah Kuok Islamic Boarding School in Kampar.The findings reveal differing opinions among scholars regarding wages for preaching. According to the concept of al-ujrah ala al-tha'ah, the wages accepted by preachers are not considered payment for the knowledge imparted but are viewed as a form of assistance in obedience, which is regarded as an act of worship. Therefore, taking wages for preaching is permissible, provided that excessively high rates are not set. This dilemma is evident among the preachers at the Hamzah Yunus Muhammadiyah Kuok Islamic Boarding School. The wages they receive for preaching do not always carry a negative connotation, as these earnings are not used as a means of accumulating wealth. Instead, the wages are utilized for personal and family needs and are often allocated to help those in need. As a result, the preachers at the Islamic boarding school cannot be classified as da'i walakedu (commercial preachers).
Revealing the Transformation of Moroccan Islamic Family Law Adib Syauqi; Rahmat Hidayat; Efrinaldi Efrinaldi
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 13 No. 1 (2025): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v13i1.2905

Abstract

Mudawwanah al-Usra Morocco as a result of the transformation of family law that has relevance in today's times. for that, this research will reveal how the process of transforming family law in Morocco to produce a family law rule that is relevant to the times. This research uses a library research method and data collection techniques by reading literature that can be used as a source according to this research. The results showed that the bookkeeping of the 1957 Moroccan family law adopted the classical fiqh book so changes were made again afterwards. the Moroccan law book, namely Mudawwana al-usra, is the final form of many changes that have been made before. This one is the result of radical changes by the committee in charge. Historically, the old mudawwana book still fully refers to the fiqh books which are old culture. Thus, some rights were not fulfilled. This change has completed the shortcomings of the previous books.
Sistem Kontrak Perdagangan Pada Bursa Berjangka Jakarta (Commidity Exchange) Dalam Perspektif Hukum Islam Shandra Puspita Dewi; Hamda Sulfinadia; Efrinaldi Efrinaldi
Jurnal Hukum Ekonomi Syariah Vol. 7 No. 1 (2024): April
Publisher : Prodi Hukum Ekonomi Syariah Fakultas Agama Islam, Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/jhes.v7i1.20407

Abstract

Futures trading is conducted on the futures exchange, where this exchange trades futures contracts for various commodities. Investing in futures trading is like presenting two sides of a coin, namely the risk of loss and the potential for profit. The research problem in this study is how the mechanism of the trading contract system on the Jakarta Futures Exchange and how the trading contract system on the Jakarta Futures Exchange is viewed from the perspective of Islamic law and the fatwa of MUI number 80 of 2011. This study is a literature review (library research). The results of this study show that an investor in futures trading does not need to deposit an amount equal to the value of the contract being traded but only a small percentage of the contract value. Every investor can sell their contract before it expires. At the opening of the contract, investors are required to deposit a margin. If, during the contract period, the selling or buying position incurs losses exceeding the set margin limit, the investor will receive a margin call from the AB to provide additional margin funds until it meets the requirements of the initial margin amount. According to Islamic law and fatwa MUI Number 80 of 2011, transactions involving physically and cash-settled goods (spot market) in the perspective of Islamic law can be tolerated. Meanwhile, in futures exchanges, the trading system tends to lean towards prohibited transactions such as the presence of gharar, maysir, or agreements executed when transactions do not fulfill the pillars and conditions of agreements in islamic law.
Women’s autonomy in marriage: A comparison of the marriage guardians of widows in the Sunni and Shia schools of thought in Muslim countries Rasty Azizah Putri; Tiswarni Tiswarni; Efrinaldi Efrinaldi
Asy-Syari’ah : Jurnal Hukum Islam Vol. 12 No. 2 (2026): Asy-Syari'ah: Jurnal Hukum Islam, June 2026
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v12i2.2604

Abstract

This study aims to analyze the position of guardians in marriages for widows from the perspective of the Sunni schools of thought (Shafi'i, Maliki, Hanbali, and Hanafi) and compare it with the Shia Ja'fari school. The debate over the position of guardians in marriage contracts is a classic issue in the jurisprudence of munakahat (jurisprudence) and remains a significant topic of discussion in Islamic family law. The differences in views among these schools reflect the varying interpretations of scholars regarding women's authority to contract marriage, particularly for adult women such as widows.This study uses a normative legal method with a comparative approach through analysis of classical Islamic jurisprudential literature, family law regulations in several Muslim countries, and related academic studies. The results show that the majority of Sunni schools of thought, particularly the Shafi'i, Maliki, and Hanbali schools, require a guardian as a pillar or requirement for the validity of marriage, while the Hanafi and Shia Ja'fari schools provide greater leeway for adult women, including widows, to contract marriage independently.These differing views are also reflected in family law practices across Muslim countries. Indonesia and Malaysia, influenced by the Shafi'i school of thought, still require a guardian for marriage, while Iran, based on the Ja'fari Shia school, grants widows greater authority to marry independently. Meanwhile, Iraq and Jordan, influenced by the Hanafi school, demonstrate a more moderate approach, allowing some degree of autonomy for women within marriage.
Legalization of Nikah Sirri: A Solution to Obtain Marital Status Recognition Among Diverse Cultural Groups in Indonesia Aldy Darmawan; Hamda Sulfinadia; Efrinaldi Efrinaldi; Elfia Elfia; Nurul Izzati
Kawanua International Journal of Multicultural Studies Vol 4 No 2 (2023)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v4i2.728

Abstract

This article examines the background behind couples from various ethnic groups in Indonesia opting for unregistered marriages and their efforts to obtain legal recognition of their marital status from the state. The research aims to understand the motivations of couples from different cultural backgrounds when deciding to marry in secrecy and how they then seek to legalize their unions through court decisions on marital status confirmation. The method used in this study is field research with a descriptive qualitative approach. Primary data was obtained through in-depth interviews with 14 interethnic couples such as Minang, Batak and Javanese in Padang City who filed petitions for marital status confirmation to the local Class 1A Religious Court. The findings reveal that preferences over unregistered marriages are influenced by the social, cultural and religious backgrounds of each ethnic group. This condition necessitates contextual adjustments in providing legal solutions to the issue of unregistered marriages so that they can be accepted by all parties from the existing cultural diversity. In conclusion, marital status confirmation in Religious Courts can be an effective legal solution for interethnic couples with unregistered marriages in Indonesia to obtain formal recognition of their marital status. However, a profound understanding of the prevailing socio-cultural values in each community is needed so that decisions on marital status confirmation do not contradict and can be well accepted by all parties.