Al-Hiwalah : Journal Syariah Economic Law
Vol. 4 No. 2 (2025): Al-Hiwalah : Journal Syariah Economic Law

The Concept of the Poor in Islamic Fiqh and Its Relevance to Legal Aid

Aabdul Hamid (Universitas Serambi Mekkah)
Muhibbuththabary Muhibbuththabary (Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia)
Jabbar Sabil (Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia)



Article Info

Publish Date
30 Dec 2025

Abstract

The definition of the poor in Islamic jurisprudence encompasses various aspects in identifying individuals eligible to receive legal aid and social assistance such as social assistance (Bansos), Zakat, and the Family Hope Program (PKH), and also includes economic criteria and basic needs that must be met. This demonstrates the alignment between the principles of fiqh and contemporary social policies. This study is a prescriptive normative legal analysis; in analyzing legal materials, the researcher employs a legislative and comparative approach by drawing on references from the literature. Subsequently, the researcher analyzes these legal materials qualitatively, specifically through comparative data analysis methods, comparison is used to contrast fiqh and legislation regarding the fiqh-based definition of the poor and needy in relation to recipients of legal aid. The research findings indicate that: (1) Those currently classified as the poor and needy are individuals or families without access to steady employment; (2) The right to legal aid is actually just one aspect of access to justice.  Access to justice means “being treated fairly under the law; if one is not treated fairly, one will not receive the rights to which one is entitled.” The consequence of the principle of equality before the law is that everyone has the right to be treated equally before the law, including the poor who face legal problems. (3) The principle of equality before the law is not interpreted merely as equality in the eyes of the law, but rather as equality of access to the legal system and justice.

Copyrights © 2025






Journal Info

Abbrev

AlHiwalah

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Ekonomi Syariah (Online/ elektronik) yaitu jurnal ilmiah peer review yang fokus menyebarluaskan hasil penellitian di bidang Fikih, Hukum Ekonomi Islam, Fiqh Muamalah, dan Ekonomi Syariah. Jurnal ini diterbitkan oleh Jurusan Hukum Ekonomi Syariah Fakultas Syariah Institut Agama Islam ...