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All Journal Al-fiqh : Journal of Islamic Studies Tabayyun : Journal of Islamic Studies Tabayyanu : Journal of Islamic Law
Zulkifli Nas
Universitas Islam Negeri Sumatera Utara, Indonesia
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Politik Hukum Islam Pada Bidang Agraria : Analisis Hukum Agraria Masa Khilafah Untuk Pembangunan Hukum Agraria Nasional Zulkifli Nas; Zidan Tri Luca Aditama
Tabayyun : Journal Of Islamic Studies Vol. 3 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/dgzr7591

Abstract

This study examines Islamic agrarian legal politics and its relevance to the development of Indonesia’s national agrarian law. Using a doctrinal legal research method with a fiqh siyasah approach, the study analyzes agrarian governance in Imam al-Mawardi’s Al-Ahkam al-Sultaniyyah wa al-Wilayat al-Diniyyah, supported by classical fiqh literature and contemporary agrarian law scholarship. The study finds that Islamic agrarian legal politics is founded upon the principle of divine sovereignty, under which Allah is recognized as the ultimate owner of all agrarian resources, while the state and citizens act as trustees responsible for their management and utilization. The findings further show that Islamic law recognizes individual ownership rights while granting regulatory authority to the state to ensure equitable distribution, sustainable resource management, and public welfare. Agrarian governance is directed toward the realization of maqāṣid al-sharī‘ah, including the protection of religion, life, intellect, lineage, property, dignity, and the environment. The study also identifies policy instruments such as iqṭā‘ tamlīk, iqṭā‘ istighlāl, al-ḥimā, and al-irfāq as mechanisms through which the state may promote distributive justice and ecological sustainability. This research contributes to Islamic agrarian legal theory by formulating Islamic agrarian legal politics as a framework that balances individual rights, state authority, and environmental protection for the development of agrarian law reform in Indonesia.
Pelaksanaan Hak dan Kewajiban dalam Praktik Nikah Gantung: Studi Kasus di Desa Pekan Tanjung Beringin, Kabupaten Serdang Bedagai (Tinjauan Kompilasi Hukum Islam) Uswatun Hasanah; Zulkifli Nas
Al-fiqh Vol. 4 No. 2 (2026): Al-fiqh : Journal of Islamic Studies
Publisher : CV Global Research Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59996/al-fiqh.v4i2.1150

Abstract

This study examines the fulfillment of marital obligations and rights in the practice of nikah gantung in Pekan Tanjung Beringin Village, Serdang Bedagai Regency, as viewed through the lens of the Compilation of Islamic Law. Issues arise because, in the practice of nikah gantung, the fulfillment of marital rights and obligations is postponed indefinitely. This situation has sparked debate within Islamic law regarding the compatibility of the nikah gantung practice with the purposes of marriage, particularly concerning the fulfillment of financial support, protection, and cohabitation following the marriage contract. This study aims to examine the concept of nikah gantung according to Islam and the Compilation of Islamic Law (KHI), the factors underlying the practice, and an analysis of the fulfillment of the rights and obligations of husbands and wives. The research method used was qualitative research with an empirical-juridical approach through interviews and documentation. The results show that the practice of suspended marriage is legally valid under Islam if the pillars and conditions of marriage are fulfilled; however, in practice, the husband’s obligations toward his wife are often not fully met particularly regarding financial support and housing thereby potentially creating inconsistencies with the provisions of the Compilation of Islamic Law.
Regulating Palm Oil Zakat In Indonesia: Islamic Legal Politics, Normative Fragmentation, and the Quest for Legal Certainty Zulkifli Nas; Anju Syahrin Marpaung
Tabayyanu : Journal Of Islamic Law Vol. 2 No. 02 (2025)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/nsqrvm05

Abstract

Palm oil is one of Indonesia’s most strategic commodities, contributing significantly to national income and sustaining millions of rural livelihoods. Despite its substantial economic value, palm oil has not been systematically regulated as a zakatable asset, resulting in low compliance and limited contribution to national zakat collection. This article examines the regulation of palm oil zakat in Indonesia through the lens of Islamic legal politics by analyzing three normative domains: classical Islamic jurisprudence (fiqh), national zakat legislation, and regional fatwas issued by Islamic legal authorities. Employing normative legal research with statutory, conceptual, comparative fiqh, and Islamic legal politics approaches, this study reveals that palm oil zakat occupies an ambiguous legal position due to the absence of explicit regulation and the coexistence of competing juristic interpretations. While classical fiqh provides divergent doctrinal foundations, Indonesian zakat law adopts a generalized approach, and regional fatwas intensify legal pluralism by issuing conflicting rulings. This normative fragmentation undermines legal certainty, weakens zakat compliance among palm oil producers, and limits zakat’s redistributive potential. The article argues that palm oil zakat should be understood not merely as a doctrinal fiqh issue but as a product of Islamic legal politics requiring normative harmonization. It contributes to the literature by conceptualizing palm oil zakat as a case of regulated Islamic philanthropy shaped by legal and political authority and proposes policy-oriented recommendations for regulatory unification through coordinated roles of the state, zakat institutions, and Islamic scholars
Co-Authors Anju Syahrin Marpaung Uswatun Hasanah Zidan Tri Luca Aditama