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All Journal Hukum Islam FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan Maqasid: Jurnal Studi Hukum Islam Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Jurnal Ilmiah Al-Syir'ah Humani (Hukum dan Masyarakat Madani) Al-Masharif: Jurnal Ilmu Ekonomi dan Keislaman Ijtihad El-Usrah: Jurnal Hukum Keluarga Jurnal Hukum Ekonomi Syariah Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurnal AL-AHKAM AL-FALAH : Journal of Islamic Economics An-natiq: Jurnal Kajian Islam Interdisipliner Kawanua International Journal of Multicultural Studies Familia: Jurnal Hukum Keluarga Al Hurriyah : Jurnal Hukum Islam Al-Istinbath: Jurnal Hukum Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH) Innovative: Journal Of Social Science Research Priviet Social Sciences Journal Jurnal Ilmiah Research and Development Student Mawaddah: Jurnal Hukum Keluarga Islam Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah Jurnal Elsyakhshi Ahlika: Jurnal Hukum Keluarga dan Hukum Islam Samara: Journal of Islamic Law and Family Studies Saqifah: Jurnal Hukum Ekonomi Syariah Orasi: Jurnal Dakwah dan Komunikasi
Hamda Sulfinadia
Universitas Islam Negeri Imam Bonjol Padang
Religion Arts Humanities Astronomy Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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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.
The Effectiveness of Fiqh Rules on Law Number 16 of 2019 Hertasmaldi, Hertasmaldi; Sulfinadia, Hamda; Mardianto, Mardianto; Abdul Razak, Dudung; Efendi, Faisal
Samara: Journal of Islamic Law and Family Studies Vol. 3 No. 1 (2025): June
Publisher : Samara: Journal of Islamic Law and Family Studies

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Abstract

Legal certainty must be present in a law or regulation. Without legal certainty, the rights of legal subjects will be violated and neglected. Similarly, without legal certainty, legal subjects will feel anxious and insecure because they feel that the law does not protect them. Law Number 16 of 2019 concerning Amendments to Law Law No. 1 of 1974 is considered to lack legal certainty and clarity, as the determination of the marriage age limit in that law is based solely on Law No. 35 of 2014 on Amendments to Law No. 23 of 2002 on Child Protection. This type of research is library research. Library research is a series of activities related to the methods of collecting library data, reading and recording, and processing research materials. Law No. 16 of 2019 still allows Indonesian society to engage in child marriage under the legal age. This law must be considered from various legal perspectives and have clear legal consequences, so a comprehensive revision of this law is necessary. Even if possible, Law No. 1 of 1974 should be reviewed and adjusted to the legal issues that exist now and in the future. By applying the concept of public interest and rejecting harm in a law or regulation, the objectives of that law or regulation will be achieved and become effective.
Hudud by the Taliban in Afghanistan and the relevance of Muhammad Syahrur's thought Savitri, Desthia Irsa; Sobhan, Sobhan; Sulfinadia, Hamda
Priviet Social Sciences Journal Vol. 6 No. 2 (2026): February 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i2.1557

Abstract

This study is motivated by the continuing debate over the hudud in the modern era and its practical implications. It examines how the Taliban have applied hudud punishments in Afghanistan and assesses the relevance of Muhammad Syahrur’s contemporary legal thought on hudud punishments. Using a qualitative library-research approach, data were collected from books, scholarly literature, and relevant reports and then analyzed using content analysis and inductive reasoning. The findings indicate that during the Taliban's rule, the implementation of hudud tends to be harsher, more rigid, and more repressive, often raising concerns regarding due process and human rights. Both the Taliban's approach and Syahrur's discussion derive from the Qur'an and Hadith; however, Syahrur's theory of limits (nazariyyat al-hudud) frames divine law as having minimum and maximum boundaries, allowing space for contextual ijtihad that weighs public benefit (maslahah) in line with changing social realities while remaining within God's limits (sunnatullah).
Tinjauan Maysir terhadap Permainan Capit Boneka Lucy Lara MithaRusady; Hamda Sulfinadia; Aslan Deri Ichsandi
Saqifah: Jurnal Hukum Ekonomi Syariah Vol 8, No 2 (2023): Saqifah: Jurnal Hukum Ekonomi Syariah
Publisher : Saqifah: Jurnal Hukum Ekonomi Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/sqf.v8i2.414

Abstract

The background to writing this scientific work is a game that has a new innovation now, namely the doll claw game. This game requires special skills and is quite difficult to win, so there are parties who feel disadvantaged and parties who benefit. The research questions in this case are: first, what is the practice of playing doll claws? secondly, what is the maysir concept of the puppet claw game? Third, what is the opinion of the ulama regarding the puppet claw game? To answer this question, the author conducted a library research from related books, journals, articles and websites. Then, in selecting supporting data, the author uses interview techniques and documentation in the form of pictures or photos related to the research object. The analysis that the author uses is a qualitative approach analysis technique. Based on the results of the research that has been carried out, the author can conclude, namely: first, the practice of playing doll claws begins with cards or coins that have been purchased by players on the game platform, then operated depending on the skill or skill of the player. Second, the puppet claw game seen from the concept of maysir or gambling fulfills an element of gambling. The elements in question are that there are parties who gain (win) and parties who suffer losses (lose), there are bets in the form of prizes and inserts in the game, players become addicted (continue) to play and the game is a matter of chance (testing their luck). Third, the opinion of scholars or experts regarding the law of playing doll claws is that it is haram, as well as many opinions that share the same view and research in previous journals. This creates several disadvantages which can actually bring losses.
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).
Hudud by the Taliban in Afghanistan and the relevance of Muhammad Syahrur's thought Desthia Irsa Savitri; Sobhan Sobhan; Hamda Sulfinadia
Priviet Social Sciences Journal Vol. 6 No. 2 (2026): February 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i2.1557

Abstract

This study is motivated by the continuing debate over the hudud in the modern era and its practical implications. It examines how the Taliban have applied hudud punishments in Afghanistan and assesses the relevance of Muhammad Syahrur’s contemporary legal thought on hudud punishments. Using a qualitative library-research approach, data were collected from books, scholarly literature, and relevant reports and then analyzed using content analysis and inductive reasoning. The findings indicate that during the Taliban's rule, the implementation of hudud tends to be harsher, more rigid, and more repressive, often raising concerns regarding due process and human rights. Both the Taliban's approach and Syahrur's discussion derive from the Qur'an and Hadith; however, Syahrur's theory of limits (nazariyyat al-hudud) frames divine law as having minimum and maximum boundaries, allowing space for contextual ijtihad that weighs public benefit (maslahah) in line with changing social realities while remaining within God's limits (sunnatullah).
Musyawarah Badunsanak: Conflict Resolution Efforts in Bungus Teluk Kabung Padang City Fathul Gani Gani; Hamda Sulfinadia; Betria Maiyulanda; Asma Salaemae; Nuru Hayatee
Ahlika: Jurnal Hukum Keluarga dan Hukum Islam Vol. 2 No. 2 (2025): Ahlika: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Yayasan Abdurrauf Cendekia Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70742/ahlika.v2i2.343

Abstract

This study examines the impact of divorce in a Minangkabau family in Bungus Teluk Kabung, West Sumatra, which adheres to a matrilineal kinship system. The main issues raised include two questions: first, how does divorce affect family structure and social relations in Minangkabau society, and second, what is the role of customary law and Islamic law, especially maqashid sharia, in resolving divorce cases and protecting the rights of women and children? This research uses a descriptive qualitative method with a field approach, through in-depth interviews with affected individuals, traditional leaders, and officials of the Religious Court and KUA. The results show that divorce not only affects the couple, but also disrupts social stability and weakens the extended family structure. In the matrilineal system, children are still cared for by the mother, but women often bear the economic and social burden after divorce. Musyawarah badunsanak as a customary mechanism is still predominantly used, but has no formal legal force in guaranteeing the rights of women and children. On the other hand, the Religious Courts play an important role in upholding justice through the maqashid sharia approach, such as the protection of offspring (hifz an-nasl) and property (hifz al-mal). This study concludes that synergy between customary approaches and Islamic law is needed so that divorce can be resolved fairly and equitably in the local socio-cultural context. [Penelitian ini mengkaji dampak perceraian dalam keluarga Minangkabau di Bungus Teluk Kabung, Sumatera Barat, yang menganut sistem kekerabatan matrilineal. Permasalahan utama yang diangkat meliputi dua pertanyaan pertama Bagaimana perceraian memengaruhi struktur keluarga dan relasi sosial dalam masyarakat Minangkabau?, dan kedua Bagaimana peran hukum adat dan hukum Islam, khususnya maqashid syariah, dalam menyelesaikan perkara perceraian serta melindungi hak perempuan dan anak? Penelitian ini menggunakan metode kualitatif deskriptif dengan pendekatan lapangan, melalui wawancara mendalam dengan individu terdampak, tokoh adat, serta aparat Pengadilan Agama dan KUA. Hasil penelitian menunjukkan bahwa perceraian tidak hanya berdampak pada pasangan, tetapi turut mengganggu stabilitas sosial dan memperlemah struktur keluarga besar. Dalam sistem matrilineal, anak tetap diasuh oleh pihak ibu, namun perempuan sering memikul beban ekonomi dan sosial pascaperceraian. Musyawarah badunsanak sebagai mekanisme adat masih dominan digunakan, namun tidak memiliki kekuatan hukum formal dalam menjamin hak-hak perempuan dan anak. Di sisi lain, Pengadilan Agama memainkan peran penting dalam penegakan keadilan melalui pendekatan maqashid syariah, seperti perlindungan terhadap keturunan (hifz an-nasl) dan harta (hifz al-mal). Penelitian ini menyimpulkan bahwa sinergi antara pendekatan adat dan hukum Islam sangat diperlukan agar perceraian dapat diselesaikan secara adil dan berkeadilan dalam konteks sosial-budaya lokal.]
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.
The Dialectics of Islamic Law: Classical Ijtihad in Addressing Modern Legal Challenges Rasty Azizah Putri; Hamda Sulfinadia; Sobhan Sobhan; Bakhtiar Bakhtiar
Alhurriyah Vol 11 No 1 (2026): June 2026
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v11i1.10494

Abstract

This research examines the relevance of classical Islamic legal methodology in addressing contemporary legal challenges. Although various studies have discussed the historical development of Islamic legal thought and the contributions of the imams of the schools of thought, studies on the dialectical relationship between classical ijtihad and modern legal issues are still limited. This research aims to analyze the ijtihad methods of Abu Hanifah, Malik ibn Anas, al-Syafi'i, and Ahmad ibn Hanbal and their relevance in the contemporary context. This research uses a qualitative method with a historical-comparative approach through literature review. The results show that classical ijtihad methodology remains dynamic and adaptive. Each imam has his own characteristic methods, such as ra'y and istihsan (Abu Hanifah), ‘amal ahl al-Madinah and maslahah (Malik), systematic qiyas  (al-Syafi'i), and a hadith based approach (Ahmad ibn Hanbal), which provide a flexible basis for legal reasoning. This approach remains relevant in responding to contemporary issues such as Islamic finance, digital technology, artificial intelligence (AI) including automated fatwa systems, and bioethics through a reinterpretation of classical principles. This research confirms the dialectical interaction between classical legal thought and contemporary realities and demonstrates that classical Islamic legal methodology can be reconstructed as a flexible analytical framework.
The Resilience of Ungku Kali Practices as Marriage Guardian in Kurai Taji, Padang Pariaman Regency Maslahah Perspective Ali Ibrahim; Hamda Sulfinadia; Ikhwan Ikhwan; Jurna Petri Roszi
Jurnal Ilmiah Al-Syir'ah Vol 21, No 1 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i1.2285

Abstract

This paper focuses on the resilience of Ungku Kali's practice as a marriage guardian or transfer of lineage guardian to Ungku Kali. The Ungku Kali referred to in this study, is someone appointed by both husband-and-wife candidates to carry out the marriage and acts as a marriage guardian. The research questions from this paper are, first, what is the position and practice of Ungku Kali as a marriage guardian in Kurai Taji, Padang Pariaman Regency? Second, why does Ungku Kali’s practice as a marriage guardian persist today? The primary data of this study came from interviews with thirteen informants, consisting of six couples getting married, three Ungku Kali people, and four local people. After collecting the data, they were classified according to the existing themes and analyzed with the resilience theory. The study results found that Ungku Kali's position in Kurai Taji is as a trustee in the religious field or a respected Nagari cleric in society. As for the Ungku Kali practice using the facilities of the Surau Korong Lubuk Ipuh as a place of practice assisted by Apak Labai as the marbot at the Surau Korong Lubuk Ipuh, all the requirements are conveyed by this Apak Labai. Second, the reason for the resilience of the Ungku Kali practice until now is due to the resilience of culture, the resilience of economic factors, the resilience of the need factor, and the resilience of social factors; both Ungku Kali service users and Ungku Kali itself.
Co-Authors A'inil Fadli A'zizil Fadli Abdul Razak, Dudung Abrian Tanjung Ahmad Nadzri, Amirulhakim Bin Aldy Darmawan Ali Ibrahim Amirah, Nabilla Aslan Deri Ichsandi Asma Salaemae Awang Ringgit Bakhtiar, Bakhtiar Betria Maiyulanda Desteny Layla Desthia Irsa Savitri Efendi, Faisal Efrinaldi Efrinaldi Efrinaldi Efrinaldi, Efirnaldi Elfia Elfia Eli Suryani Eli Suryani Elkhairati, Elkhairati Elmina, Sovia Elta Agustina Fathul Gani Gani Febrianti, Lora Fitri, Anisa Hadi, Farid Nurul Hapis Hertasmaldi, Hertasmaldi Ikhwan Ikhwan Ikhwan Ikhwan Jufrizal Jufrizal Jurna Petri Roszi, Jurna Petri Kartini, Aisyah Layla, Desteny Lucy Lara MithaRusady Mahmut, Rami İbrahim Mardianto Mardianto Maulana, Gempa Mega Puspita Nuru Hayatee Nurul Izzati Rama Dhini Permasari Johar Rasty Azizah Putri Riski Rosdialena Santika, Sovia Savitri, Desthia Irsa Shandra Puspita Dewi Sisi Diyarti Sobhan, Sobhan Sobhan, Sobhan Surya Oktarina Syafrudin, Zuhri Tanjung, Abrian Teuku, Teuku Vito Dasrianto Wedi Afri Yanti, Deri Yasrul Huda Yunisa Ramadhani Zidni ‘Ilman Nafi’an Zidni ‘Ilman Nafi’an Zufialina, Era