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Maqasid: Jurnal Studi Hukum Islam
Published by Universitas Muhammadiyah Surabaya
ISSN : 2252 528     EISSN : 26155622     DOI : 10.30651
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences
Maqasid: Jurnal Studi Hukum Islam, adalah jurnal yang mempublikasikan hasil-hasil kajian dan penelitian orisinal dengan edisi terbaru dalam Studi Hukum Islam. Ruang Lingkup Jurnal Maqasid adalah (1) Hukum Islam (Islamic Law), (2) Hukum Keluarga Islam (Islamic Family Law), (3) Hukum Perkawinan Islam (Munakahat), (4) Hukum Kewarisan Islam (Mawaris), (5) Hukum Ekonomi Islam (Muamalah), (6) Ilmu Astronomi Islam (Falak), (7) Kajian Studi Hukum Islam.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 342 Documents
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Analisis Perlindungan Hak Asasi Manusia bagi Pekerja Migran Tidak Berdokumen Tantangan, Kerangka Hukum dan Implikasi Kebijakan Rahmawati; Immadudin, Muhammad Asad; Bulqis; Jufrin
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.24781

Abstract

Protection of the basic rights of migrant workers who do not have official documents is a major challenge that urgently needs to be addressed immediately. This article explores the issue of protecting undocumented migrant workers from an often overlooked human rights perspective. Through a normative-empirical research approach, which includes an in-depth legal literature review, this study critically examines the regulations governing migrant workers using a human rights lens. This research identifies a clear link between the lack of protection for undocumented migrant workers and the negative impacts they face, including exploitation, discrimination and abuse. From a human rights perspective, protection of migrant workers should be based on the principles of equality before the law, the right to be protected from discrimination, and recognition of the basic rights of every individual, regardless of their legal status. However, the current legal reality, especially in Indonesia, still prioritizes protection only for migrant workers who have valid documents. This exclusionary approach creates huge disparities, where undocumented migrant workers are denied their basic rights, even though they contribute to the global economy. This article emphasizes the importance of providing basic rights and equal protection to all migrant workers, without discrimination based on their legal status. Although specific regulations regarding the placement of migrant workers can be set to manage the process, requirements and responsibilities of the parties involved, this must not ignore fundamental human rights. Therefore, this article encourages the need for a thorough evaluation of existing laws and regulations, with a focus on legal substance, understanding of stakeholders, as well as fair and consistent implementation regarding protection for migrant workers, without exception. Keywords: human rights, undocumented migrant workers, and legal protection.
Perdebatan Zakat Dalam Ekonomi Islam: Menilai Zakat Profesi Dari Perspektif Ulama Kontemporer Musanna, Khadijatul; Makraja, Fahmi; Yanti, Fitri
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abstract: Professional zakat or income zakat is zakat that must be paid because it has reached the nisab of assets and is perfect haul based on income obtained from a particular business or work, whether carried out personally or by institutions, organizations and groups. This study aims to determine the literature of muamalah scholars related to professional zakat. This study uses qualitative research methods by examining data based on literature from books and books about professional zakat. The results of the research in this study can be conveyed by the author that in the Fiqh Muamalah literature each ulema has his own perception regarding the implementation of professional zakat. It can be clearly seen that there is an error in the provisions of assets subject to professional zakat, such as the opinion of Yusuf Al-Qardhawi requiring professional zakat every monthly salary as a farmer who pays zakat every harvest, provided that it has reached the nisab. Meanwhile, according to the opinion of Shaykh Bin Baz and Shaykh Muhammad bin Saleh Al Utsaimin, it is not obligatory for a professional zakat to be paid for someone who, after receiving his salary, is used to fulfill his daily needs so that there is no salary left in the following month, but zakat may be imposed if each time If the salaryman sets aside part of his income as savings, then it is obligatory for him to issue zakat with the provisions of perfect haul and property. In the opinion of the writer, professional zakat tends to be as conveyed by Yusuf Al-Qardhawi. According to the author of Shaykh Muhammad's opinion, if the consideration is to meet daily needs, humans will never have enough with all types of needs, so they always feel inadequate and in the end don’t pay zakat. Keywords: Fiqh Muamalah, Professional Zakat, Islamic Law.
Pemenuhan Hak Nafkah Anak Pasca Perceraian: (Analisis Putusan Pengadilan Tinggi Agama Samarinda Nomor 18/Pdt.G/2016/PTA.Smd) Rahmawati, Lufi
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.21321

Abstract

Pemberian hak nafkah kepada anak pasca perceraian menurut Kompilasi Hukum Islam (KHI) merupakan hak dan kewajiban orang tua, terutama ayah yang harus dipenuhi ketika anak belum mencapai usia 21 tahun, atau dikatakan belum dewasa dan belum mampu untuk mencukupi kebutuhan dirinya. Dalam penelitian ini, terdapat problem tentang nafkah yang seharusnya diberikan ayah terhadap anaknya. Di mana sebelumnya Penggugat mengajukan gugatan nafkah kepada Pengadilan Agama Samarinda yang kemudian Penggugat mengajukan permohonan banding kepada Pengadilan Tinggi Agama Samarinda karena dalam putusan gugatan sebelumnya, Hakim dianggap belum memberikan keputusan yang adil terhadap besaran nafkah yang diajukan oleh Penggugat/Pembanding.  Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisis hasil putusan Pengadilan Tinggi Agama Samarinda Nomor 18/Pdt.G/2016/PTA.Smd terhadap keputusan yang dibebankan kepada Tergugat/Terbanding. Metode yang digunakan dalam penelitian ini adalah menggunakan metode kualitatif dengan menggunakan studi putusan dan pendekatan normatif yuridis. Teori yang digunakan untuk analisis data/putusan menggunakan teori maslahah mursalah, dengan tujuan untuk kemaslahatan dan kepentingan hidup manusia dengan cara mencari manfaat atau maslahah dan menarik kemudharatan. Hasil dari penelitian ini adalah berdasarkan analisis keputusan Pengadilan Tinggi Agama Samarinda, peneliti menganggap bahwa putusan tersebut telah adil dan benar berdasarkan fungsi kemaslahatan karena mengingat banyaknya biaya yang dibutuhkan oleh anak dalam hal pendidikan, dan kebutuhan lainnya.   Kata kunci: Hak Nafkah anak, Hak Nafkah Anak Pasca Perceraian, Putusan Pengadilan Tinggi Agama Samarinda
Contextualization of Zhihar Based on Tafsir Literature In the Communication Relationship between Husband and Wife Eka Putri, Nerisma
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.21692

Abstract

Abstract: In marriage, Allah swt legalizes the relationship between husband and wife, with the husband having to keep good words in order to avoid words that hurt his wife. Especially if the husband utters zhihar to his wife. In the Jahiliyyah era, zhihar was considered a divorce, then Islam canceled it with the rule that the husband was prohibited from mixing with his wife before paying expiation. The origin of the terminology of zhihar was due to the issue of a woman named Khaulah bint Tsa´labah who had been zhihar by her husband Aus ibn Shamit, Aus said to his wife: "You are to me like my mother's back" with the intention that he should no longer have sex with his wife. For this reason, researchers are interested in examining the contextualization of zhihar in husband and wife communication relations based on the perspective of tafsir literature in the current era. This research uses library research with a qualitative approach, to examine the phenomenon of zhihar on the communication relationship between husband and wife based on contemporary tafsir literature. So that the results found that zhihar in terms of context, there are differences between Jahiliyah and contemporary times, that in the Jahiliyah era, zhihar was used as a form of insult to wives who could not serve them until they finally fell divorce, while in the contemporary era zhihar is interpreted as a form of respect in beauty. Husbands communicate using figures of speech without explicit intent, giving birth to different meanings. However, even if the communication is conveyed in jest, it is still legally imposed as ẓhihar.   Keywords: Contextualization of Zhihar, Contemporary Tafsir Literature, Communication Relations.
Criptocurrency Menurut Kaidah Sadd Adz-Dzari’ah: MAQASHID SYARIAH bin Lahuri, Setiawan; Mumtaz, Azzam Fatahillah
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.21798

Abstract

Abstract: The rapid development of the times requires people to follow every change, especially in financial transactions. From bartering to digital cash, things are always changing as technology evolves. The problems that exist in digital money present cryptocurrency as a solution to be used as a transaction tool. The presence of crypto is an answer as well as a new problem in the financial world, so not all countries recognize it as currency. Differences in recognition from various countries must be based on problems in it. In the case of muamalah, Islam has set the conditions that must be met. This article will discuss cryptocurrencies from the perspective of sadd Adz-Dzari'ah which is expected to provide deeper insight into cryptocurrencies from an Islamic point of view. The method used in this writing is descriptive using library research. The results of this study indicate that currently circulating cryptocurrencies still have various problems. Therefore, from the perspective of sadd Adz-Dzari'ah cryptocurrency cannot be used as a transaction tool. Keywords: Cryptocurrency, Sadd Adz-Dzari’ah
Resistance Of Children's Households Against Parental Interference Faqiyyuddin, Septiyan; Rahmadhani, Nining
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.22240

Abstract

Family resilience from intervention by parents or in-laws. After marriage there are rights and obligations, and new recognition by other parties, but in reality forming a small family without all forms of parental interference cannot be done as a whole by some people. There is parental intervention in the child's household because it is based on a feeling of affection. In this research, it is a response effort to achieve family resilience to the problems of parental or in-law intervention in the home life of children or in-laws. This research is included in the type of library research using descriptive-analytic methods in obtaining and examining all the data obtained . The results of this research explain that parental intervention in children's households according to Islamic law is permitted on condition that if there is a breakdown in the child's household, in this case the parents act as hakam (peacemaker). Influencing factors are: living at home, lack of income for children or in-laws, and incompatibility between parents or in-laws and children or in-laws.
Analisis Maqasid Syariah Terhadap Implementasi Penyaluran Dan Penghimpunan Dana Ziswaf Pada Lembaga Amil Zakat Baitulmal Tazkia: Sharia Maqasid Yunita, Putri
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.22439

Abstract

The purpose of the “Sharia Maqasid Analysis of Implementation of Channelling and Collecting of Ziswaf Funds on the Baitulmal Zakat Amil Institution of Tazkia” is to examine the extent to which the implementation of the Zakat, Infaq, Sedekah, and Wakaf (ZISWAF) fund allocation and collection of Zakat Fund has met the purpose of Shariah. The purpose of Shariah in the context of zakat is to realize the well-being of society, both materially and spiritually. This can be done through the allocation of zakat funds to eight asnaf. The channeling and disposal of ZISWAF funds must be transparent, accountable, and can also be done in a way that is easy and affordable to the public. The results of this paper are expected to provide useful information for the Amil Zakat Baitulmal Tazkia Institute in improving the quality of implementation of ZISWAF distribution and fund-raising. This paper is expected to contribute to the development of science and practice of zakat management in Indonesia. The research applies a qualitative approach as well as combines the analysis of formal literature to meet the criteria as a library research. Data sources in this research come from relevant books, journal articles, relevant academic materials, and other supporting documents. This research will explain and test secondary data based on the practices of Maqasid al-Syariah in Zakat, infak, sedekah, and wakaf. Economic Empowerment of the people of LAZ BMT channels ZISWAF funds for the people's economic empowerment programmes, such as the enterprise capital aid program, the business support program, and the entrepreneurship training program. These programmes are aimed at improving the income and well-being of the population. Improving the quality of education LAZ BMT channels ZISWAF funds for education quality improvement programmes, such as scholarship programs, education cost assistance programs, and educational facilities and facilities development programmes. These programmes aim to improve the quality of human resources. The Sharia Maqasid analysis of the implementation of ZISWAF funding and fund-raising by the Tazkia Baitulmal Institution covers principles such as justice, balance, benefits, and sustainability, which are essential in managing ZISwaF funds. Effective implementation can contribute to the empowerment of communities and social well-being. The journal also highlights the importance of coordinating the allocation of funds with Sharia Maqasid and provides examples of such implementation.
Perbandingan Konsep Syibhul ‘Iddah dalam KHI dan Surat Edaran Dirjen Bimas Islam Perspektif Maqāṣid Syarī’ah Pramana, Deky; Pancasilawati, Abnan; Andar Yuni, Lilik
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.22504

Abstract

Reform and updating of Islamic family law are crucial aspects in realizing the benevolent teachings of Islam across different times and places, especially in addressing the issue of post-revocable divorce ('iddah) to ensure women's rights. One area undergoing reform in Indonesian family law is the implementation of the concept of syibhul 'iddah. This concept, adopted from the thoughts of Wahbah az-Zuḥaīlī, mandates a similar 'iddah for husbands, prohibiting them from marrying during their wives' 'iddah, both to women who are considered mahrams to the newly divorced wife and to other women for men who have just divorced one of their four wives. However, in Indonesia, there are two concepts of syibhul 'iddah enforced, namely under Article 41 and 42 of the Compilation of Islamic Law (KHI) and Circular Letter No. P-005/DJ.III/HK.007/10/2021. Although both concepts originate from the thoughts of Wahbah az-Zuḥaīlī, differences exist in their implementation within the Office of Religious Affairs (KUA) settings. Therefore, this research aims to compare the two concepts. This study employs a qualitative approach by comparing the concepts of syibhul 'iddah in KHI and the Circular Letter, viewed from the perspective of Maqāṣid al-Sharī'ah by Ibnu 'Asyūr. The research findings indicate a significant difference between the two concepts lies in the restriction on marriage for men during their wives' 'iddah. The prohibition in the Circular Letter is absolute, while in KHI, it is conditional. In the analysis of Maqāṣid al-Sharī'ah by Ibnu 'Asyūr, both concepts of syibhul 'iddah in KHI and the Circular Letter meet the criteria of maqāṣid al-khāṣah. However, concerning the criteria of maqāṣid al-'āmah, the Circular Letter concept does not meet the requirements of al-tsubūt and al-ẓuhūr. Keywords: Syibhul 'Iddah, KHI, Circular Letter, Maqāṣid al-Sharī'ah
Reinterpretasi Makna Kekerasan Terhadap Perempuan : (Studi Kajian Tematik tentang Terminologi Kekerasan dalam al-Qur’an) Samsudin; Andaryuni , Lilik
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.22581

Abstract

In principle, Islam commands through the Qur'an and the Hadith of the Prophet that the relationship between husband and wife must be good and loving. But in reality it is not always in line with the initial desire. Tensions and conflicts that arise in the household often last a long time, even domestic conflicts often end in violence. The method used in this study is the maudu'i (thematic) interpretation method. The maudu'i (thematic) interpretation method is the method of interpretation most widely used by contemporary Muslim scholars today with the aim of studying the contents of the Qur'an, because it is not complicated, complex, straight to the point, so this method is considered the most suitable for find solutions to contemporary problems. In the asbab al-nuzul surah an-Nisa verse 19, it can be seen that the Koran uses the term karaha in the context of the prohibition of violence against women which was carried out during the jahiliyah era, when at that time women were treated arbitrarily and far from humanity, that is, they were treated like inheritance and committing adultery with it. The main points of study in surah an-Nisa verse 19 are, the first emphasizes the prohibition of things that harm and harm women. Second, manners in marriage, especially to married couples. This connection gives us an understanding that in the Al-Quran provides solutions for all life, especially in the family. Keywords: Violence, Women, Thematic.
The Dynamics of Islamic Inheritance in Indonesia Between Sharia and Social Realities Ritonga, Raja; Ritonga, Mahyudin
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i1.22583

Abstract

This research examines the dynamics of Islamic inheritance in Indonesia, focusing on the interaction between sharia principles and the diverse social realities in various Muslim communities. Indonesia, as the country with the largest Muslim population in the world, offers a unique context in which Islamic inheritance law must adapt to various cultures, customs, and national legal systems. This study aims to identify how sharia provisions on inheritance are applied and adjusted in the inheritance practices prevalent in society. The method used in this research is a form of library research. Library research is conducted by collecting data through the analysis of relevant literature related to the study's theme. This research employs a qualitative approach with a descriptive-analytical method. The results of the study show that although sharia principles provide a clear legal framework, their implementation often needs to be adjusted to local social norms to achieve justice and welfare. Additionally, it emphasizes the importance of flexibility and contextualization in the application of Islamic law, as well as its potential contribution to social harmony and justice in a multicultural society.

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