USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 3 (2026): July

KAIDAH FIQH AL-UMURU BI MAQASIDIHA  DALAM PENYELESAIAN SENGKETA HARTA BERSAMA DALAM PERKAWINAN MENURUT HUKUM ISLAM DI INDONESIA

Dwi Dasa Suryantoro (IAI Nurul Huda Situbondo)
A. Mansur (Universitas Islam Negeri K.H Ahmad Siddiq Jember)



Article Info

Publish Date
02 Jul 2026

Abstract

This study aims to analyze the application of the Al-Umuru Bi Maqasidiha rule as a normative basis in the arrangement of joint property of a couple according to Islamic family law in Indonesia. This rule emphasizes that the application of the law must always pay attention to the purpose of sharia, namely justice, benefit, and protection of individual rights, so that it is not only formalistic but also substantive. The research uses a normative approach by analyzing classical and contemporary fiqh literature, the provisions of the Compilation of Islamic Law (KHI), and related laws and regulations. The analysis focused on the position and function of fiqh rules in assessing the appropriateness of property distribution, including formal and non-formal contributions, as well as the protection of the rights of women and vulnerable parties. The results of the study show that the rules of Al-Umuru Bi Maqasidiha function as a normative guideline that bridges classical law with the socio-economic dynamics of the modern family. This rule ensures that the arrangement of joint property is in harmony with maqasid al-shari'ah, provides direction for a fair, proportionate, and contextual interpretation of law, and reinforces the relevance of contemporary Islamic family law. This research confirms that the normative application of fiqh rules can be an important instrument in realizing substantive justice and benefits for all parties in the framework of Islamic family law in Indonesia.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...