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Isbat Nikah dalam Legalitas Hukum Islam dan Perdata di Indonesia Perspektif Maslahah Mursalah Aziz, Abdul; Maksum, Ghufron; Nugraha, Iqbal Subhan
Tasyri' : Journal of Islamic Law Vol. 3 No. 2 (2024): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v3i2.141

Marriage validation is a crucial legal mechanism in Indonesia, especially for marriages that are not officially registered. This study explores marriage validation from the perspective of Maslahah mursalah, a principle in Islamic law emphasizing public interest and welfare. Maslahah mursalah serves to bridge legal gaps when the texts of Sharia law do not explicitly address specific situations, such as marriages that are religiously valid but unregistered. Within the framework of Indonesian civil law, marriage validation, which involves submitting a petition to the religious court, enables the formal recognition of marriages to ensure the protection of family rights, such as inheritance and alimony. The application of maslahah mursalah in marriage validation contributes to social justice by providing decisions that consider practical community needs and contemporary conditions. This research demonstrates how this principle can be integrated into positive law to address new challenges in family law enforcement, ensuring that legal decisions align with principles of justice and public welfare. Thus, marriage validation from the perspective of maslahah mursalah acts as a bridge between Sharia law and the realities of civil law in Indonesia.

Analisis Hukum Islam Terhadap Praktik Bisnis Multi Level Marketing: Perspektif Fatwa DSN MUI dan NU Jauhari, Muhammad Sofwan; Nugraha, Iqbal Subhan
Tasyri' : Journal of Islamic Law Vol. 4 No. 1 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i1.222

This study examines the perspectives of the Indonesian Ulema Council (MUI) and Nahdlatul Ulama (NU) regarding Multi-Level Marketing (MLM) practices, focusing on the alignment with Islamic principles. MLM has gained popularity as a business model, but its compatibility with Islamic law has been debated, particularly concerning practices such as recruitment-based commissions and the potential for exploitation. This research uses a qualitative approach, analyzing fatwas and official statements from MUI and NU, as well as examining Islamic legal frameworks to assess the permissibility of MLM. The study finds that while MUI permits MLM under certain conditions, NU takes a stricter stance, condemning MLM that resembles pyramid schemes. The research highlights key elements that must be observed for MLM to comply with syariah, including transparency, fairness, and product legitimacy. The findings suggest that both organizations stress the importance of ethical practices in MLM, with the need for better regulation and public education to avoid exploitative systems.

Fulfilling Ustaz Families’ Needs at the Al-Ashriyyah Nurul Imam Pesantren, Bogor, Indonesia: Between Hegemony and Independency Aziz, Abdul; Nugraha, Iqbal Subhan; Hakim, Lukman
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 1 (2024): June
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2024.14.1.74-110

Economic support from pesantren contributes to the ustaz families' stability, although it may create a dependency on their autonomy. This article discusses the financial support provided by pesantren and its dual impact on strength and independence within the ustaz families at the Al-Ashriyyah Nurul Iman Pesantren. Using empirical research with sociological methods, data are collected through in-depth interviews, observations, and documentation to gain insights into how this support affects their daily lives, economic stability, and sense of independence. Additionally, this article utilizes family resilience and hegemony theory. This article reveals that the facilities and allowance provided by the pesantren have a significant impact on the welfare of the ustaz families. Even though they appreciate what pesantren provided, some of them feel that there is a restriction on personal and family freedom, particularly in achieving economic self-sufficiency beyond the pesantren environment. This highlights a critical tension between financial security and autonomy that seems to be hegemonies.

Post-Divorce Maintenance in Contemporary Islamic Family Law: An Empirical Study of Judges' Considerations at the East Jakarta Religious Court Aziz, Abdul; Nugraha, Iqbal Subhan; Hakim, Lukman
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2024): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v7i1.6429

Purpose – This research aims to analyze the application of post-divorce maintenance in contemporary Islamic family law, focusing on an empirical study of judges' considerations at the East Jakarta Religious Court. This research will explore how judges consider the obligations of nafkah madhiyah, mut'ah, and iddah in divorce verdicts, as well as the legal and social implications for women involved in the process. Methods – This research uses a field research method with a case study approach with a focus on contemporary problems in family law. Data was collected through in-depth interviews with judges, clerks handling divorce cases, substitute clerks handling divorce cases, and analysis of relevant legal documents. Findings – The findings of this study indicate that the obligation to provide maintenance in the East Jakarta Religious Court serves as a protection of women's rights and as part of efforts to achieve social and gender justice in the contemporary era. The results of this study indicate that the application of financial provisions in Islamic law is essential to protect women's rights and reduce the potential economic hardship experienced after divorce. Research implications – Achieving equality and justice in gender relations requires reforms in legal policies and practices to be more responsive to women's needs, particularly in the context of divorce. This research makes a significant contribution to understanding the interaction between law, gender and social justice in society in an increasingly complex contemporary era. This research only focuses on cases in a particular region, so the results cannot be generalized to other contexts.

Kontestasi Hukum Islam dan Negara dalam Perda Bernuansa Syariah di Kota Tasikmalaya Aziz, Abdul; Mutakin, Ali; Nugraha, Iqbal Subhan
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.375

The implementation of the Regional Regulation with sharia nuances in the city of Tasikmalaya often causes polemics related to the relationship between religious norms and the principle of the state of law that upholds diversity. This study aims to analyze the form, motive, and impact of the Sharia Nuanced Regional Regulation in Tasikmalaya City in the framework of the contestation between Islamic law and the state. The method used is qualitative with a socio-legal approach, through field studies and document analysis, as well as interviews with key legislative actors and religious organizations. The results of the study show that the Regional Regulation reflects more transactional political strategies between local elites and religious groups, rather than purely the normative aspirations of the community. Its application tends to be symbolic and does not have a significant impact on improving the quality of life of the community at large. The implications of these findings underscore the importance of evaluating local legislation to be in line with the principles of non-discrimination, substantive democracy, and the protection of the civil rights of all citizens without exception.

The Application of the Qiyas Method in Islamic Legal Reasoning: A Review of Fatwas by the Indonesian Ulama Council (MUI) Nugraha, Iqbal Subhan; Waheeda, Waheeda; Mutakin, Ali; Aziz, Abdul; Saujan, Iqbal
International Journal of Religious and Interdisciplinary Studies Vol 2 No 1 (2025): March
Publisher : RaSAIL Media Group, Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64529/w5h57z04

Fatwas have an important role in bridging the gap between the ideals of Islamic law and the ever-evolving social reality. This study examines the application of the qiyas method in fatwas issued by the Indonesian Ulema Council (MUI), focusing on its legal reasoning and relevance in contemporary contexts. Through a qualitative approach with content analysis techniques, this study examines several MUI fatwas that use the basis of qiyas, such as provisions on the prohibition of alcohol, the implementation of Friday prayers on ships, and the obligation of zakat on income. The results of the study show that qiyas is an important instrument for MUI in responding to modern problems by referring to analogies from classical Islamic texts. By adapting legal principles from the past to the present situation, MUI shows the flexibility of Islamic law in responding to the challenges of the times. This study confirms that qiyas not only functions as a classical method in fiqh proposals, but also remains relevant in formulating contextual and applicable fatwas. These findings show the dynamics of contemporary ijtihad and the importance of the role of scholarly institutions in maintaining the continuity between sharia and the needs of modern society.

An Examination of Shura Principles in the National Legislation System Lubis, Rahmad; Nugraha, Iqbal Subhan; Mutakin, Ali; Nuranisah, Nuranisah; Sulaiman, Heri
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study examines the application of the shura principle, a concept of deliberation, as one of the key foundations in Islamic governance, within the context of Indonesia's national legislative system. Using a qualitative-descriptive approach, this study aims to analyze the extent to which shura values can be integrated into the process of forming democratic and just laws and regulations. Data were collected through literature studies of Islamic legal sources, legislative documents, and relevant previous research results. The study's results demonstrate that the principle of shura aligns significantly with the principles underlying the formation of national laws and regulations, including those of openness, public participation, and social justice. In addition, the integration of shura principles can strengthen moral and ethical legitimacy in the legislation process, so that it is expected to produce legal products that are more aspirational and in accordance with plural Indonesian values. These findings suggest the need to strengthen the deliberative mechanism at various stages of legislation, including formulation, discussion, and evaluation of laws and regulations, to achieve a more inclusive and interest-oriented legislative system.

Problematika Perpecahan Organisasi Advokat: Problematika Perpecahan Organisasi Advokat Helvis, Helvis; Nugraha, Iqbal Subhan
Dame Journal of Law Vol 1 No 1 (2025): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v1i1.18

The advocate profession has a central role in the legal system as a guardian of justice and a protector of human rights. However, the integrity of this profession faces serious challenges due to the division of advocate organizations in Indonesia. This phenomenon is triggered by various factors, such as differences in internal and external interests, power dynamics, and disagreements regarding ethical standards and professionalism. Organizational fragmentation not only weakens the position of advocates as a collective entity, but also negatively impacts the effectiveness of the justice system and public trust. This article aims to examine the root causes of these divisions and offer strategic solutions to strengthen the unity and professionalism of advocacy organizations. With an analytical and reflective approach, this research is expected to contribute to the reconstruction of advocate institutions that are more inclusive and equitable in Indonesia.

Justice in Inheritance Distribution: Comparative Study of Islamic and Customary Law on Equal Distribution Nugraha, Iqbal Subhan
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 2 No. 4 (2024): This volume covers topics such as women's rights, inheritance law, crime preven
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v2i4.719

This study discusses the acceptance of the practice of equal distribution of inheritance in Indonesia, with the aim of analyzing how the principle of justice is applied in a changing social context. In this study, a normative juridical approach is used to examine relevant legal texts and literature, including the Qur'an, hadith, and the views of scholars on inheritance. The results of the study show that although urban and educated communities show support for the fair distribution of inheritance, the traditional interpretation of sharia that is still held by some scholars often hinders the application of the principle of gender justice in the distribution of inheritance. This study also found that there is a shift in values in society that is increasingly open to gender equality, but is still hindered by sharia normative provisions. The conclusions of this study emphasize the need for a more flexible approach in the interpretation of inheritance law by scholars and community leaders, as well as the push for more inclusive and adaptive regulatory reforms to the needs of modern society. Thus, this research makes a significant contribution to the development of Islamic legal theory and social justice, as well as encourages a broader dialogue on inheritance law reform in Indonesia. This finding is expected to be a reference for further studies and policy-making that are more responsive to the issue of gender equality in inheritance practices.

Obligation of Madiyah Maintenance After Divorce: Perspectives of Islamic Law and Positive Law Nugraha, Iqbal Subhan; Aziz, Abdul
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 2 No. 4 (2024): This volume covers topics such as women's rights, inheritance law, crime preven
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v2i4.729

Abstract This study focuses on the obligation of post-divorce alimony from the perspective of Islamic law and positive law, considering the importance of this issue in the context of social justice and the protection of women's rights. The background of this study is based on the many cases where ex-wives have difficulty demanding alimony after divorce, which is often triggered by a lack of legal understanding and social stigma. The purpose of this study is to analyze the obligation of madiyah maintenance and the challenges faced in its implementation, with the hope of providing recommendations for the improvement of the legal and social system that supports women's rights. The method used in this study is a qualitative approach, with a juridical-normative approach. The findings show that there is a gap between Islamic law and positive law in enforcing the obligation of madiyah alimony, as well as the existence of social stigma that hinders ex-wives from fighting for their rights. The conclusion of this study recommends the need for collaboration between the government, legal institutions, and the community to increase awareness about livelihood rights, strengthen the mediation system, and expand access to legal aid. With these steps, it is hoped that the obligation of alimony can be carried out more effectively, provide adequate protection for ex-wives and their children, and create a fairer and more equal society. Keywords: Madiyah Maintenance, Divorce, Islamic Law, Positive Law Abstrak Penelitian ini berfokus pada kewajiban nafkah madiyah pasca perceraian dari perspektif hukum Islam dan hukum positif, mengingat pentingnya isu ini dalam konteks keadilan sosial dan perlindungan hak-hak perempuan. Latar belakang penelitian ini didasarkan pada banyaknya kasus di mana mantan istri kesulitan menuntut nafkah setelah perceraian, yang sering kali dipicu oleh kurangnya pemahaman hukum dan stigma sosial. Tujuan penelitian ini adalah untuk menganalisis kewajiban nafkah madiyah serta tantangan yang dihadapi dalam implementasinya, dengan harapan dapat memberikan rekomendasi untuk perbaikan sistem hukum dan sosial yang mendukung hak-hak perempuan. Metode yang digunakan dalam penelitian ini adalah pendekatan kualitatif, dengan pendekatan yuridis-normatif. Hasil temuan menunjukkan bahwa terdapat kesenjangan antara hukum Islam dan hukum positif dalam menegakkan kewajiban nafkah madiyah, serta adanya stigma sosial yang menghambat mantan istri untuk memperjuangkan hak-haknya. Kesimpulan dari penelitian ini merekomendasikan perlunya kolaborasi antara pemerintah, lembaga hukum, dan masyarakat untuk meningkatkan kesadaran tentang hak-hak nafkah, memperkuat sistem mediasi, dan memperluas akses terhadap bantuan hukum. Dengan langkah-langkah ini, diharapkan kewajiban nafkah madiyah dapat terlaksana secara lebih efektif, memberikan perlindungan yang memadai bagi mantan istri dan anak-anak mereka, serta menciptakan masyarakat yang lebih adil dan setara. Kata Kunci: Nafkah Madiyah, Perceraian, Hukum Islam, Hukum Positif

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