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All Journal Substantia: Jurnal Ilmu-Ilmu Ushuluddin Islam Futura LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Jaqfi : Jurnal Aqidah dan Filsafat Islam Jurnal Ilmiah Peuradeun PETITA: Jurnal Kajian Ilmu Hukum dan Syariah (PJKIHdS) Pena Justisia: Media Komunikasi dan Kajian Hukum El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial MAQASIDI Al-Manahij : Jurnal Kajian Hukum Islam Mimbar Hukum El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Al-Iqtishadiah: Jurnal Hukum Ekonomi Syariah Jurnal Hukum Keluarga dan Peradilan Islam
Jabbar Sabil
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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MAHAR PRACTICE IN PIDIE COMMUNITY MARRIAGE, ANALYSIS OF MAQĀṢID AL-SYARῑ‘AH Azmi Abubakar; Tarmizi M. Jakfar; Jabbar Sabil
AHKAMUL USRAH: Jurnal S2 Hukum Keluarga dan Peradilan Islam Vol. 1 No. 1 (2021): MARET 2021 - AGUSTUS 2021
Publisher : Prodi Magister Hukum Keluarga Pascasarjana UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ahkamulusrah.v1i1.1418

Abstract

POLIGAMI DALAM PERSPEKTIF MAQASID AL-KHALQ Anita Yulia; Jabbar Sabil
AHKAMUL USRAH: Jurnal S2 Hukum Keluarga dan Peradilan Islam Vol. 3 No. 2 (2023): MARET 2023 - AGUSTUS 2023
Publisher : Prodi Magister Hukum Keluarga Pascasarjana UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ahkamulusrah.v3i2.5005

Abstract

In Islam, the ultimate goal of humanity is to achieve obedience and submission to Allah, in accordance with Islamic teachings. Al-Ghazali stated that the maqāṣid al-khalq encompasses objectives such as attaining happiness, fulfilling material needs, achieving personal success, obtaining inner peace, and so forth. However, in the context of Islam, the goals of humanity are not limited to these subjective aspects. Discussing the goals of humanity (Maqāṣid al-khalq) in polygamy must consider whether the intentions behind polygamy align with Shariah. Polygamy cannot be universally deemed harmful (mafsadah) because in some cases, individuals engage in polygamy with specific intentions. However, are these intentions in accordance with the requirements of maqāṣid al-syar‘iyyah? Therefore, it is necessary to analyze the principle of prioritizing the prevention of harm over the realization of benefits through the validation of the objectives of creation. The purpose of this research is to analyze the essence of polygamy from the perspective of maqāṣid al-khalq and to examine the alignment between the objectives of Shariah and the objectives of creation in the context of polygamy law. This type of research is normative and also known as library research. The results of this study are: firstly, based on the validity of Maqāṣid al-khalq, it proves that there are numerous beneficial effects generated. This is in line with the four stages of tarjih which do not contradict the provisions of al-maqāṣid al-syar‘iyyah. Secondly, the discourse of Allah SWT is a definitive law that cannot be repealed. Therefore, when Allah establishes the permissibility of polygamy (al-maqāṣid al-syar‘iyyah), and humans engage in polygamy (maqāṣid al-khalq) in accordance with Shariah through legislative law, then the human objective (maqāṣid al-khalq) is not regarded as following one's desires.
The Maqashid Sharia Perspective on Women's Involvement in Supporting Family Livelihoods in Jantho City Sabil, Jabbar; Fazira, Nisa
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v4i2.4116

Abstract

Employing women outside the home to meet the needs of the family can provide benefits, but it can also cause mafsadat to the family and the woman herself, both in the context of maintaining religion (hifz al-din) and maintaining the soul (hifz al-nafs). The benefits are private so they tend to be subjective, while the mafsadat that is possible to arise is public so that it can be objectified intersubjectively. This requires the ability to weigh the potential of mafsadat based on the conditions and situations experienced. This is the reason why research with problem formulation is important; The criteria for maslahat-mafsadat in women's involvement in fulfilling family support. The researcher combines descriptive social research methods with prescriptive legal research methods through a method called al-ijtihad al-maqashidi. It was found that there were various benefits including those at the primary level, and there were efforts from respondents to minimize the effects of mafsadat. It was also found that the social system at Jantho Market is still within the boundaries of manners and there is no quiet place that has the potential for khalwat to occur. In addition, female traders do not do activities at night to avoid a time when crime is vulnerable. This research concluded that the activities of women traders in Jantho Market have been in line with the rules of maqashidiyyah. However, mutual awareness and cooperation are needed to anticipate the potential of mafsadat.
Fiqh Reform in the Sultanate of Aceh Darussalam: Is it Modernism or Moderatism? A Study of the Hareuta Sihareukat Custom Sabil, Jabbar; Faisal, Faisal; Zukhdi, Muhammad
Jurnal Ilmiah Peuradeun Vol. 13 No. 1 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i1.1397

Abstract

The custom of joint property in marriage exemplifies the Fiqh reform during the Sultanate of Aceh Darussalam. Some authors link this custom to the issue of women’s equality that strengthened in the 1970s. However, it raises questions about the paradigm that underlies this custom: Did the Acehnese ulema adhere to the same paradigm as modern thinkers? The authors hypothesize that the paradigm underlies this custom is moderate because it moderates between women’s property ownership dimension and the dimension of the family’s living needs. The primary data for this study are legal materials in the form of law books, regulations, and constitutions of Aceh Darussalam Sultanate. Therefore, the authors conducted normative legal research with a historical approach. The authors used Gadamer’s dialogical hermeneutics to moderate the subject and object as a dialogue partner. This study found that Acehnese ulema, who served as chairman of the Supreme Court (Qāḍi Mālik al-’Ādil), was moderate in Aqida, Sharia, and Siyasa, so the moderate paradigm influenced the law system in The Sultanate of Aceh Darussalam. It resulted in the fiqh reform, which means compatibility between the opinions of the ulemas and the needs of the people. It concluded that the fiqh reform carried out by the Acehnese ulema was moderation.
The Position of Walimatul ‘Urs in Aneuk Jamee Society from the Perspective of Maqāṣid Sharia: Kedudukan Walimatul ‘Urs Dalam Masyarakat Aneuk Jamee Dari Perspektif Maqāṣid Syariʽah Sabil, Jabbar; Amalia Jihad, Azka; Yulyana Mahendra, Cut Putri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 1 No. 2 (2021): El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v1i2.1621

Abstract

Walimatul'urs is a recommendation in Islam. Walimatul 'urs aims as syi'ar and becomes a sunnah muakadah. In the Aneuk Jamee community, the traditional walimah has several series of customs running for seven days, thus many costs must be incurred during the implementation of this waimah. So that many people who have walimah choose to go into debt when they are going to have walimah. Walimah is considered important and has its own position for the Aneuk Jamee community. With this assumption, it is not uncommon to find that they are willing to borrow for the sake of carrying out walimah. In this study, the main problem in this study is how the practice of walimah 'urs in the aneuk jamee community and how the practice of walimatul 'urs in the aneuk jamee community from the perspective of maqāṣid shariah. The data obtained by the authors were obtained from observations and interviews with the community and related traditional leaders. From the results of the research, many of the Aneuk Jamee community carry out walimah beyond their ability, with the seven-day traditional series that costs a lot so that debt is the best way for the implementation of walimah. Walimatul 'urs in the perspective of maqāṣid shari'ah, if it is difficult then it is not in accordance with maqāid shari'ah because in the context of maintaining the inheritance of marriage it should not be forced so that debt can cause harm to debtors whose purpose is to maintain existence in the community so that it causes redundancy.
The Mother of Islamic Sciences in Al-Ghazali's Perspective Sabil, Jabbar
Jaqfi: Jurnal Aqidah dan Filsafat Islam Vol. 9 No. 1 (2024): Jaqfi: Jurnal Aqidah dan Filsafat Islam
Publisher : Jurusan Aqidah dan Filsafat Islam Universitas Negri Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jaqfi.v9i1.34650

Abstract

Al-Ghazali stated that Kalam is the foundation (mabadi) of Islamic sciences. Does it mean the mother of Islamic sciences? It must be clarified because it is the basis for the development of Islamic sciences. Therefore, the researcher formulated questions about the meaning and the nature of philosophy as the mother of Islamic sciences from al-Ghazali's perspectivei. This study uses philosophy as the method, and its character is rational, critical, reflective, and argumentative. Al-Ghazali's books on philosophy and logic are the data sources analyzed through the discourse analysis method. It shows that al-Ghazali criticized philosophy—as a product of thought—by using philosophy—in the sense of process—as the tool. This study found the essence of philosophy is a process that plays a role in criticizing beliefs (naqd al-i'tiqad). Philosophers do physical reflection (tabi'iyyah), mathematical reflection (riyadah), and metaphysical reflection (ilahiyyah) that produce three-level abstraction. At the highest level, the result of Kalam is an abstraction toward a pure metaphysical realm. Philosophy is just an abstraction of natural and social reality, which is not purely metaphysical. Al-Ghazali did not reduce philosophy to Kalam but placed it as the mother of the rational sciences, besides kalam that has its realm, namely pure metaphysical reality. Finally, Kalam led to the discovery of the basic assumptions of sciences, theoretical frameworks, and paradigms that are the foundation of Islamic sciences. This research concludes that the meaning of Kalam as a foundation (mabadi) is the mother of Islamic sciences, because Kalam played a role in forming basic assumptions, paradigms, and theoretical frameworks of Islamic sciences.
Fiqh and Siyasa Model of Integration: A Study of The Constitution of The Sultanate of Aceh Darussalam Sabil, Jabbar
Legitimasi: Jurnal Hukum Pidana dan Politik Hukum Vol. 13 No. 1 (2024)
Publisher : Islamic Criminal Law Department, Faculty of Sharia and Law, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/legitimasi.v13i1.23379

Abstract

Fiqh is an abstract concept not bound to a particular case in space and time, so it becomes universal. Through a legal decision, the judiciary applies Fiqh to one of the cases in particular. It shows that Fiqh implementation requires other legal instruments, such as the judiciary. The implementation aspect of Fiqh is an object study for Siyasa Sharia, so Fiqh and Siyasa had to moderate and integrate into the law system. This paper examines the moderation of Fiqh and Siyasa in the Aceh Darussalam Sultanate and their integration into the legal system. This study is normative legal research that uses a historical approach. The data source for this research is primary legal material in the form of the constitutional text of the Sultanate of Aceh Darussalam, namely Adat Meukuta Alam, and other supporting texts. This study found that the constitution of the Aceh Darussalam Sultanate drew on moderate Fiqh and Siyasa. The results of this study conclude that Fiqh and Siyasa were integrating into a legal system that complements one another
The Essence of Muallaf as a Zakat Recipient According to the Interpretation of Surah At-Tawbah Verse 60 Nainunis, Nainunis; Abubakar, Al Yasa'; Sabil, Jabbar; Iqbal, Muhammad; Saputra, Dian
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6631

Abstract

Muallaf (new converts to Islam) are one of the eight categories (asnaf) entitled to receive zakat, as mentioned in Surah At-Tawbah verse 60. However, the essence and criteria of muallaf are not clearly defined, raising questions about who truly qualifies under this category. This study aims to examine the concept of muallaf from the perspective of maqāṣid al-sharī‘ah by analyzing relevant textual evidence, including hadiths and Qur’anic exegesis. The research employs a library research method to explore and examine data from literary sources in depth. The process includes collecting, reviewing, recording, and processing relevant references. More than mere reading and documentation, library research demands analytical skills to produce systematic and meaningful findings. This study adopts a qualitative normative approach. Specifically, it falls under the category of normative Islamic legal research with a philosophical orientation, as it seeks to uncover and understand the core values and fundamental principles within Islamic legal norms that guide legal reasoning. The findings of this study, based on the interpretation of Surah At-Tawbah verse 60, categorize muallaf into two groups: Muslim muallaf and non-Muslim muallaf. The former includes: individuals newly converted to Islam whose faith is still fragile; respected Muslims who lead their communities; Muslims willing to strive and engage in jihad against non-believers; and Muslims needed to collect zakat from those unwilling to give. The latter group consists of: individuals expected to convert to Islam, and individuals whose harm is feared
Co-Authors Abubakar, Al Yasa' Amalia Jihad, Azka Anita Yulia Arifin Abdullah Azka Amalia Jihad Azmi Abubakar Cut Putri Yulyana Mahendra Dara Lidia Faisal Faisal Fazira, Nisa Fuad Ramly Juliana Juliana Maimun Fuadi Muda Rianto, Arief Muhammad Iqbal Muhammad Yudi Akbar Muhammad Zukhdi Munira, Wirda Nainunis, Nainunis Rizkaul Hasanah Syafrizal Syafrizal Syarifuddin Usman Tarmizi M. Jakfar Wirda Munira Yudi Akbar, Muhammad Yulyana Mahendra, Cut Putri Zulfa Hanum