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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi
Romdhoni, Arif
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Maslahah dalam Konsep Perwalian Pernikahan Anak Luar Nikah Berdasarkan Kompilasi Hukum Islam Ahmad Muhammad Mustain Nasoha; Romdhoni, Arif; Sadam Agustin Dwi Ardiyan; Ashfiya Nur Atqiya
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 10 No. 1 (2024): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v10i1.1131

Abstract

This research examines Maslahah in the concept of Islamic law. In the context of guardianship of children out of wedlock in a marriage bond according to the compilation of Islamic law, the substance of this maslahah is very relevant. However, sometimes situations where a child is born outside of marriage can occur. The research method used is Normative/Doctrinal/Literature Research The findings of this study indicate that the concept of guardianship of children out of wedlock in the perspective of the Islamic compilation has been listed in Law No. 1 of 1974 concerning marriage, Article 19 of the Compilation of Islamic Law, Article 53 paragraph 3 of the Compilation of Islamic Law, and Article 75 letter (b) of the Compilation of Islamic Law. That maslahah plays an important role in determining the view of Islamic law on this issue. In this context, it is found that a proper understanding of maslahah, which includes the protection of individual rights and the welfare of society, is essential in dealing with the guardianship of out-of-wedlock children. In this scientific work, several important aspects related to the concept of guardianship of extra-marital children have been discussed. Firstly, there are differences of opinion among scholars regarding the halal or haram guardianship of out-of-wedlock children, Secondly, the importance of paying attention to the values and principles of Islamic law underlying the concept of guardianship of out-of-wedlock children. Third, the a need for a clear and effective regulatory framework to regulate the practice of guardianship of out-of-wedlock children.
Subleasing of Leased Land in Islamic Law: An Empirical Study of Ijarah Practices in Perum Kencana Asri Romdhoni, Arif
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.12007

Abstract

This study aims to analyze the practice of renting back leased land to third parties in Perum Kencana Asri, Pucangan, Kartasura, Sukoharjo, from the perspective of the ijarah agreement in Islamic law. The research is motivated by the recurring phenomenon of tenants subletting leased property without explicit permission from the owner, which raises legal and ethical issues in both Islamic jurisprudence and Indonesian regulations. Using a qualitative field research approach, data were collected through in-depth interviews with homeowners, primary tenants, and third-party stall renters, supported by lease documents as secondary material. The findings show that the subletting practice fulfills the pillars and requirements of an ijarah contract, such as competent contracting parties, clear benefits, mutual consent, and agreed rental compensation, although initial permission from the owner was given only after the practice had already taken place. The research also reveals that while Indonesian law generally prohibits subleasing without the owner’s approval, Islamic jurisprudence supported by the majority of scholars and DSN-MUI Fatwa No. 112/2017 permits it as long as the owner consents and no contractual harm arises. This study contributes to the discipline by providing an empirical analysis that bridges normative muamalah principles with real community rental practices.
Co-Authors Ahmad Muhammad Mustain Nasoha Ashfiya Nur Atqiya Sadam Agustin Dwi Ardiyan