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All Journal JURIS (Jurnal Ilmiah Syariah) Jurnal Kajian Hukum dan Sosial
Mualimin Mochammad Sahid
Faculty of Syariah and Law, Universiti Sains Islam Malaysia
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutionalizing Sharia: Identity and Independence of Islamic Politics Among Students Khamami Zada; Mundzeir Suparta; Bambang Ruswadi; Harapandi Dahri; Mualimin Mochammad Sahid
JURIS (Jurnal Ilmiah Syariah) Vol 21, No 2 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v21i2.6954

Abstract

The emergence of Islamic political aspirations in Indonesia always occurs along with the development of national politics. It is delivered not only by Islamic elites from Islamic parties and Islamic movements but also by university students. This study explores the Islamic political aspirations of Islamic High School (STAI) students with a focus on the basic issues of the state, Islamic law, political system (democracy/Islamic caliphate), and the way to deliver the aspirations. This is quantitative research in which the data were collected through a representative survey in each province involving 222 university students in the fifth semester in the provincial capital, as the samples were allocated disproportionately to each selected university. This quantitative study was strengthened by qualitative data that were extracted by interviewing the directors of STAI in Padang, Semarang, Jambi, Kupang, Banjarbaru, and Samarinda. The findings of this study showed that Islamic political aspiration among university students was about the aspiration to implement Islamic law as state law in the Islamic caliphate system. The university students did not want democracy as a political system that implements Islamic law. These Islamic political aspirations are not delivered through violence but are expressed constitutionally. This Islamic political aspiration is built by integralistic/conservative religious identity and political independence/autonomy of university students.
Nahdlatul Ulama's Ijtihad Method in Fatwa: Analysis of the Content of Legal Decisions and their Validity in Indonesia Ismail Jalili; Fadillah Ulfa; Mualimin Mochammad Sahid
Justicia Islamica Vol 20 No 2 (2023)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v20i2.5971

Abstract

This research aimed to investigate the method of inference in Nahdatul Ulama Scholars to issue fatwas regarding some issues in Indonesia. This research applied the qualitative method to collect data for looking into the topic and using a content analysis approach to analyze the legal decision of Nahdatul Ulama scholars and its validity as a product of fatwa. The results show that the inference done by Nahdatul Ulama scholars did not correspond to the belief done by the Muslim scholars in the past era due to their shortcomings in fulfilling the requirement of Mujtahid Muthlaq. This research also reveals that their method can be categorized as ijtihad jama’i, and the validity of the fatwas was significant enough for the Indonesian Muslim society to perform their daily ibadah or muamalah activities. This research contributes to the existing body of literature by providing insights into the specific inference method employed in Indonesia. It focuses on the influence of fatwas issued by scholars affiliated with Nahdatul Ulama, highlighting their significant following among ordinary individuals associated with this organization.
Reforming Qardh Practices in Islamic Banking: A Critical Analysis Based on Jasser Auda’s Maqāṣid al-Sharīah Systems Approach in Indonesia Mohammad Ghozali; Khusniati Rofiah; Khurun'in Zahro'; Mualimin Mochammad Sahid
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.v22i2.11165

Abstract

This study examines the extent to which qardh contracts in Indonesian Islamic banking align with the higher objectives of shariah (maqasid) as conceptualised in Jasser Auda’s systems-based framework. The research addresses a gap in the existing literature, where qardh is often analysed in terms of legal-formal compliance without a critical assessment of its multidimensional ethical and social functions. The research adopts a qualitative-normative approach, utilising library research to analyse primary sources from classical fiqh, Qur’anic verses, hadiths, fatwas, and relevant regulatory texts, as well as secondary scholarly literature on qardh and Maqasid al-Shari'ah. Jasser Auda’s multidimensional maqasid framework serves as the primary analytical tool. The study reveals a significant disparity between the ideal concept of qardh as a benevolent, non-profit financial instrument and its current implementation in Indonesia, which frequently includes administrative charges, restrictive eligibility criteria, and limited outreach. Through Auda’s systems approach, the research demonstrates that properly designed qardh contracts can fulfil five maqasid dimensions: protection of wealth (equitable resource access), protection of life (emergency aid), protection of intellect (educational funding), protection of lineage (family economic support), and protection of religion (ethical lending). This study offers a conceptual reform model for aligning qardh practices with maqasid-oriented policies and product designs. It advances Islamic finance scholarship by shifting the discourse from procedural compliance toward holistic socio-economic transformation, positioning Islamic banking as a genuine instrument for justice and inclusion in Indonesia.
Co-Authors Bambang Ruswadi Fadillah Ulfa H. M. Suparta Harapandi Dahri Ismail Jalili Khamami Zada Khurun'in Zahro' Khusniati Rofiah Mohammad Ghozali