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All Journal Tasyri' Al-Hukama: The Indonesian Journal of Islamic Family Law International Journal of Religious and Interdisciplinary Studies Legitima : Jurnal Hukum Keluarga Islam
Nugraha, Iqbal Subhan
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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

Abstract

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.
Co-Authors Abdul Aziz Jauhari, Muhammad Sofwan Lukman Hakim Maksum, Ghufron Mutakin, Ali Saujan, Iqbal Waheeda, Waheeda