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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Ulfa, Rusda
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Religion Humanities Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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SISTEM PERADILAN ISLAM DI BAWAH WILAYAT AL-FAQIH: KAJIAN KOMPARATIF ANTARA IRAN DAN INDONESIA Ulfa, Rusda; Asasriwarni, Asasriwarni; Zulfan, Zulfan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.14110

Abstract

This study examines the influence of the Wilayat al-Faqih principle on the Islamic judiciary system in the Islamic Republic of Iran and compares it to the religious court system in Indonesia. The focus is on how Shia Imamiyyah doctrine shapes Iran's legal and judicial structures, including the Supreme Court and Revolutionary Courts, highlighting the strong interplay between religion and politics. Conversely, Indonesia separates religious authority from the state, with its religious courts under the Supreme Court and free from political ideologies. A qualitative descriptive method, based on primary and secondary sources, was employed. The findings reveal that Wilayat al-Faqih grants extensive power to the Supreme Leader over Iran's judiciary, unlike Indonesia's pluralistic legal system. In family law, Iran adopts Shia-based practices, such as mut’ah marriage and lower marriageable ages, while Indonesia has reformed family law to establish higher minimum marriage ages. In conclusion, religious ideology profoundly influences Iran's legal policies, whereas Indonesia offers a more inclusive and pluralistic legal framework.
SISTEM PERADILAN ISLAM DI BAWAH WILAYAT AL-FAQIH: KAJIAN KOMPARATIF ANTARA IRAN DAN INDONESIA Ulfa, Rusda; Asasriwarni, Asasriwarni; Zulfan, Zulfan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.14110

Abstract

This study examines the influence of the Wilayat al-Faqih principle on the Islamic judiciary system in the Islamic Republic of Iran and compares it to the religious court system in Indonesia. The focus is on how Shia Imamiyyah doctrine shapes Iran's legal and judicial structures, including the Supreme Court and Revolutionary Courts, highlighting the strong interplay between religion and politics. Conversely, Indonesia separates religious authority from the state, with its religious courts under the Supreme Court and free from political ideologies. A qualitative descriptive method, based on primary and secondary sources, was employed. The findings reveal that Wilayat al-Faqih grants extensive power to the Supreme Leader over Iran's judiciary, unlike Indonesia's pluralistic legal system. In family law, Iran adopts Shia-based practices, such as mut’ah marriage and lower marriageable ages, while Indonesia has reformed family law to establish higher minimum marriage ages. In conclusion, religious ideology profoundly influences Iran's legal policies, whereas Indonesia offers a more inclusive and pluralistic legal framework.
The Tradition of Maantaan Sala in Nagari Guguak Malalo: An Analysis of ‘Urf as a Method of Derivation in Islamic Law Ulfa, Rusda; Azwar, Zainal
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.46536

Abstract

The Maantaan Sala tradition in Nagari Guguak Malalo, West Sumatra, represents a customary engagement ceremony in which the bride’s family presents special dishes to the groom’s family. This study seeks to examine the Maantaan Sala tradition through the lens of ‘urf (custom) as a source of Islamic law, with the aim of assessing its conformity with the principles of sharia and the values of public benefit (mashlahah). This research adopts a qualitative field approach, utilising primary data collected through semi-structured interviews with traditional leaders (Ninik Mamak) and the Head of the Customary Council (KAN). Secondary data includes customary documents (Adaik Salingka Nagari Guguak Malalo), books, and academic journals. The data were analysed descriptively through three stages: interview transcription, data coding, and interpretation based on ‘urf theory in Islamic law. The findings indicate that Maantaan Sala functions as a formal public declaration of engagement that embodies social and religious values, including the upholding of honour, the strengthening of kinship ties, the demonstration of filial respect, and the prevention of “a proposal over another proposal,” which is prohibited in Islam. Philosophically, the offering of traditional dishes such as talam samba, which contains rendang, bubua kuniang (yellow sticky rice), and sirih pinang (betel quid), symbolizes honour, prudence, and respect for parental values—principles that align with Islamic moral teachings. According to ‘urf theory, this tradition qualifies as ‘urf shahih (valid custom) due to its widespread acceptance, continuous practice, social benefits, and lack of contradiction with sharia texts. Academically, this study contributes to the enrichment of socio-cultural fiqh scholarship and opens avenues for further research on the living values of Islamic law within local customary traditions.
Co-Authors . Zulfan Asasriwarni Asasriwarni Azwar, Zainal