Dede Al Mustaqim Mustaqim
Universitas Islam Negeri Siber Syekh Nurjati Cirebon, Indonesia

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Implementation of Hadanah by Single Parents as A Result of Divorce in Indonesia Perspective of Maqashid Syariah and Qira'ah Mubadalah Dede Al Mustaqim Mustaqim; Afif Muamar; Muhammad Feby Ridho Pangestu; Nazula Alfirahmah
Journal of Islamic Mubadalah Vol. 2 No. 1 June (2025)
Publisher : Brajamusti Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70992/njf6bt59

Abstract

The rising divorce rate in Indonesia has had a significant impact on family dynamics, particularly in the implementation of child custody (hadanah) by single mothers. This study aims to explore and analyze the implementation of hadanah by single mothers after divorce using the theoretical approaches of Maqashid Syariah and Qira’ah Mubadalah (as formulated by Faqihuddin Abul Kodir). Employing a qualitative method through a literature review approach, this research is designed to uncover a deep, normative, and contextual understanding of hadanah practices in Indonesia. The study is based on data sourced from journal articles, books, and relevant statistical reports (including BPS data on divorce). The findings indicate that the implementation of child custody often faces systemic issues, such as the lack of equitable financial responsibility from fathers, ultimately placing a disproportionate burden on mothers. These conditions do not fully meet the five dimensions of Maqashid Syariah (hifz ad-din, hifz an-nafs, hifz al-‘aql, hifz an-nasl, hifz al-mal), nor do they reflect the ethical principles of Qira’ah Mubadalah such as taradhin, tashawur, and mu’asyarah bil ma’ruf. Therefore, this research contributes to the discourse on gender-just custody practices within Islamic legal thought and Indonesian family law.
The Dynamics of Sharia Business Law in Responding to Innovations in Digital-Based Islamic Financial Products Dede Al Mustaqim Mustaqim; Suci Nurlathifah Putri Heryanto
Journal of Islamic Digital Economic and Finance Vol. 1 No. 01 (2025): Journal of Islamic Digital Economic and Finance (JIDEF) 
Publisher : Nuban Jagadhita Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2711/jidef.v1i01.211

Abstract

Introduction: Poverty has significant impacts on social, economic, political, and health sectors. To reduce the poverty rate, financial inclusion and ethical financial innovation play a crucial role. In the context of Islamic finance, the emergence of digital-based products such as green sukuk, Islamic fintech, crowdfunding, QRIS, and e-money reflects a rapid integration between Sharia principles and modern technology. However, this evolution also brings new challenges in regulation, supervision, and adherence to the maqashid shariah framework. Objective: This research aims to analyze the dynamics of Sharia business law in responding to the development of innovative Islamic financial products in the digital era. Method: This research uses a qualitative method with a library research approach, examining authoritative sources such as DSN-MUI fatwas, regulations by OJK and Bank Indonesia, and relevant academic journals. Result: The findings show that innovative Islamic financial products significantly contribute to financial inclusion and the transformation of the Islamic economic system. Their development and oversight involve formal mechanisms by Islamic Financial Institutions (LKS), the Sharia Supervisory Board (DPS), DSN-MUI, and financial authorities. DSN-MUI plays a central role in issuing fatwas, while regulatory sandboxes function as testing grounds for new digital products. Implication: This suggests that combining robust planning, Sharia-compliant implementation, and layered evaluation processes can ensure the sustainability of Islamic finance innovation. The integration of ESG (Environmental, Social, and Governance) principles further enhances its contribution to a sustainable economic system. A collaborative approach involving regulators, scholars, industry players, and academics is key to maintaining relevance, integrity, and public benefit in Islamic digital finance.