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All Journal Jurnal Ilmu Hukum Tambun Bungai Al Hurriyah : Jurnal Hukum Islam
Anas Maulana
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Sexuality and Gender Neutral for Men in the Perspective of Maqashid Al-Shari'ah Rafik Patrajaya; Aris Sunandar Suradilaga; Anas Maulana
Alhurriyah Vol 10 No 1 (2025): June 2025
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/al-hurriyah.v10i1.9450

Abstract

This paper explores the development of contemporary gender discourse that seeks to deconstruct traditional masculine expression in men. While framed as a movement toward inclusivity and freedom of identity, this phenomenon carries potential risks of eroding Islamic religious values and destabilizing social balance (tawazun) as protected by Sharia through its primary sources: the Qur’an, Hadith, and Fiqh. Such disruption has broader implications for weakening the family institution, which functions as a fundamental social pillar in Islam. The shift in gender expression is viewed as a direct challenge to the principle of dharuriyat in Islamic jurisprudence, particularly with respect to hifz al-nasl (protection of lineage), hifz al-nafs (protection of life), and hifz al-din (protection of religion). Furthermore, it raises concerns of moral decadence in contemporary society. The research employs a qualitative descriptive method with a literature-based approach, drawing upon classical and modern Islamic legal scholarship, contemporary studies on non-binary gender identities, sociological reports, and other relevant academic sources. Data are analyzed through the conceptual framework of Maqasid al-Sharia, which provides both normative and contextual insights. The findings reveal a paradigm bias that blurs the distinction between biological sex and socially constructed gender. In Islamic thought, sex is an innate and divinely ordained attribute, while gender roles are understood as differentiated yet complementary expressions of masculinity and femininity. From the perspective of Maqasid al-Sharia, maintaining the integrity of gender expression in accordance with human fitrah is classified as a dharuriyat necessity, essential for sustaining moral order, protecting the family, and ensuring long-term social stability.
Designing a Fatwa on Carbon Trading in Indonesia Based on Maqashid al-Shari'ah Uswatun Hasanah; Surya Sukti; Anas Maulana
Jurnal Ilmu Hukum Tambun Bungai Vol 10 No 2 (2025): December 2025
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v10i2.547

Abstract

Carbon trading as an instrument for climate change mitigation has been regulated through national policies and international frameworks (the 1997 Kyoto Protocol, the 2015 Paris Agreement, and Presidential Decree No. 98 of 2021), but to date there are no official Islamic jurisprudence guidelines guiding Islamic economic actors in carbon transactions. The absence of a fatwa from the National Sharia Council (DSN-MUI) has created legal uncertainty, with concerns about usury, gharar, and speculation, leading to the underutilization of the potential of Islamic green financing. This article aims to formulate a framework for carbon trading fatwas that aligns with the objectives of the maqashid al-shari'ah (environmental preservation), 'adl (justice), and the prohibition of gharar/usury. The method used is a juridical-normative approach with a literature review of conventional regulations, mu'amalah fiqh fatwas, and classical (al-Shatibi) and contemporary (Yusuf al-Qardhawi, Ali Yafie) thought. The results of this research are a draft fatwa framework governing the contract scheme, Measurement-Reporting-Verification mechanisms, and the roles of regulators and business actors in Sharia-compliant carbon trading. This framework is expected to serve as a reference for the National Sharia Council (DSN-MUI) and policymakers to strengthen legal certainty and encourage green investment in the Islamic economy. Implications of the research include recommendations for fatwa implementation, the development of Sharia-compliant carbon market instruments, and directions for future empirical research.
Co-Authors Aris Sunandar Suradilaga Rafik Patrajaya Surya Sukti USWATUN HASANAH