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El-Faqih : Jurnal Pemikiran dan Hukum Islam
Published by Institut Agama Islam Faqih Asy'ari Kediri
ISSN : 24433950     EISSN : 2503314X     DOI : https://doi.org/10.29062/faqih
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process. The journal is published twice a year in April and October. It is now a fully online journal, and it only accepts manuscript submissions written in Indonesia, English, and Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 16 Documents
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Search results for , issue "Vol. 11 No. 1 (2025): EL FAQIH" : 16 Documents clear
Pengaruh Pandemi Covid-19 Terhadap Angka Perceraian di Pengadilan Agama Kota Makassar Jumliadi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1818

Abstract

This study investigates the impact of the COVID-19 pandemic on the divorce rate at the Makassar City Religious Court. Employing a quantitative correlational approach, the research involved 107 divorce cases occurring during the pandemic, selected using a purposive sampling technique. Data were collected via questionnaires and analyzed using SPSS. Descriptive analysis results indicate that both the impact of the COVID-19 pandemic (mean 3.88; 63%) and the divorce rate (mean 3.79; 69%) are categorized as high. Inferential analysis, with a significance value of 0.000<0.05, confirms a significant influence of the COVID-19 pandemic on the divorce rate at the Makassar City Religious Court, supported by both theoretical and empirical findings.
Reformasi Hukum Keluarga Islam di Brunei Darussalam: Studi atas Kodifikasi dan Adaptasi Mazhab Syafi'i dalam Konteks Modern Septia Nabila; Siska Yani; Nazirah Sukma; Nurul Afifah; Jamilah; Al Aziz; Aulil Amri
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This article examines the reform of Islamic family law in Brunei Darussalam, emphasizing its statutory codification within a modern state framework while retaining Syafi’i orthodoxy. Using a qualitative library research method, it analyzes regulatory transformations in marriage registration, minimum marriage age, judicially-controlled polygamy, divorce procedures, and obligatory bequest (wasiat wajibah). The findings show that Brunei adopts a strong state-centric legal model—requiring formal registration and court approval for polygamy—making it more centralized than Indonesia but less secular than Malaysia, which permits broader judicial discretion. This model reflects a hybrid approach that preserves Syafi’i legal heritage while institutionalizing bureaucratic control to ensure legal certainty and social order.
Mahar Seperangkat Alat Shalat: Tradisi atau Simbol Komitmen Ketuhanan dan Tanggung Jawab Makin; Farkhani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

The tradition of giving a prayer set (seperangkat alat shalat) as a dowry has become a deeply embedded practice within Indonesian Muslim marriage culture. This study critically examines whether the prayer set functions merely as a cultural ritual or as a genuine symbol of divine commitment and spiritual responsibility. Employing a qualitative approach through in-depth interviews, participant observation, and document analysis conducted at the Office of Religious Affairs (KUA) in Musuk District, Boyolali, this study investigates the perceptions and religious practices of both givers and receivers of such dowries. The findings reveal a significant gap between the symbolic meaning of the dowry and its practical implementation in daily worship. While many perceive the dowry as a sacred token of faith, few translate this symbolism into consistent religious observance. This disconnect is influenced by socio-cultural environments, educational backgrounds, and the level of religious understanding among individuals. The study concludes that strengthening religious education and community engagement is crucial to transforming this tradition from a superficial ritual into a means of deepening spiritual consciousness within marital life. Consequently, the symbolic dowry of a prayer set should be viewed not only as a cultural inheritance but also as a catalyst for sustaining religious devotion and moral integrity in Muslim families.
Evaluasi Praktik Pinjaman Online melalui Pendekatan Maqasid al-Syari’ah dalam Perspektif Hukum Islam Sara Mutammima Rohmati; Fathudin; Fitrotul Khasanah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

The phenomenon of online lending (pinjol) has rapidly expanded as a quick financing solution but often involves high-interest rates, late penalties, and unethical collection practices. This study aims to evaluate online lending using the Maqasid al-Shariah approach within the framework of Islamic law, focusing on the protection of religion (hifzh al-din), life (hifzh al-nafs), intellect (hifzh al-‘aql), lineage (hifzh al-nasl), and property (hifzh al-mal). Employing a normative-qualitative method through the analysis of DSN-MUI fatwas, OJK regulations, and empirical data from social cases of borrowers in Indonesia, the study reveals that conventional online lending practices generate widespread mafsadah (harm). Documented cases include mental distress leading to suicide, family breakdowns due to debt pressure, and property loss from excessive interest and penalties. These findings indicate that online lending contradicts all key objectives of Maqasid al-Shariah, producing more harm than benefit. Therefore, the study recommends developing Sharia-compliant lending models that emphasize transparency, fairness, and mutual assistance to promote social justice and economic well-being.
Tanggung Jawab Perawat Terhadap Malpraktik Aka Romli, Ridho'i
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

Nurses, as an integral part of the healthcare workforce, have an important responsibility in providing safe, high-quality, and ethical nursing care. However, in practice, it is not uncommon for nurses to commit negligence or errors that lead to malpractice, causing harm to patients and resulting in legal liability. The background of this study is the increasing number of cases of nurse negligence in healthcare services and the ongoing ambiguity regarding the scope of nurses' responsibilities in medical practice, particularly when performing duties delegated by nurses. This study aims to analyze the form of nurses' responsibility for malpractice incidents in healthcare services and to identify barriers and solutions in the implementation of such responsibilities. The method used in this study is normative legal analysis, along with a court decision study (Decision No. 75/Pid.Sus/2019/PN.Mbo) examining the criminal liability of nurses for medical actions resulting in patient death. Data was obtained through literature review and interviews with healthcare workers and legal officials at Waru Pamekasan General Hospital. The results of the study indicate that nurses' liability in cases of malpractice can include administrative, ethical, and even criminal liability, depending on the type of error committed and the legal consequences incurred. The obstacles faced include nurses' low level of legal understanding, unclear boundaries of authority, excessive workloads, and a lack of legal protection. Proposed solutions include strengthening professional regulations, enhancing legal and ethical training, and implementing transparent reporting and oversight systems. This study underscores the importance of legal protection for nurses while ensuring patient safety in healthcare services.
Perspektif Islam Tentang Keikutsertaan Perempuan Dalam Politik Dinasti Muhaimin, Muhammad
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1434

Abstract

Nowadays, there has been an escalation of transformation that rejects barbaric acts against women or gender bias, even in several countries women have been found holding crucial positions such as leading the government, politicians, officials and so on. The normative method is used in this study, namely based on Islamic law in the form of the hadith of the Prophet Muhammad SAW as primary data, while library materials from books and journals act as secondary data. The research method is used to answer the question of how Islam views women's participation in dynasty politics. The results of this study indicate that the presence of dynasties in the past that involved women can be a basis for their permissibility in the present, as long as the leadership meets the provisions of applicable Islamic law. The main concept of Islamic understanding of the realization of dynasty politics is related to the leadership aspect, namely that it must be in accordance with qualifications and pay attention to sharia and social justice.
Analisis Dalalah Lafdziyyah Dalam Surat An-Nur Ayat 2: Implikasi Hukum Islam Terhadap Fenomena Kohabitasi Ahmad Warid Wajdil Haq; Diah Nuraini
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1568

Abstract

This research examines dalalah lafdziyah, or the study of meaning based on textual wording, in Surah An-Nur (24:2) concerning cohabitation and friends with benefits (FWB) cases. Using a case study method with an analytical-interpretive approach, this study systematically analyzes the content and textual interpretation of the verse to construct a comprehensive understanding of its meaning and implications. Findings reveal that the dalalah lafdziyah in Surah An-Nur (24:2) explicitly prohibits adultery (zina), reinforcing the Quranic stance against sexual relations outside of marriage. This prohibition extends to modern phenomena such as cohabitation and FWB, where individuals engage in intimate relationships without legal or religious marital bonds. The verse instructs unmarried individuals to avoid acts leading to adultery, emphasizing that sexual relations require a lawful framework. This study contributes to contemporary discussions on the intersection of Islamic law and evolving social behaviors, highlighting how Quranic principles remain relevant in addressing modern moral and legal dilemmas. The findings underscore the necessity for enhanced legal and educational interventions to promote awareness of Islamic ethics regarding relationships. Additionally, the research provides a critical reference for Islamic scholars, policymakers, and educators in framing responses to shifting societal norms while maintaining religious integrity. By offering a nuanced textual analysis, this study bridges classical exegesis with contemporary issues, demonstrating the Quran’s enduring role in guiding ethical conduct in an era of changing relationship dynamics.
Rekonstruksi Konsep Wali Mujbir: Analisis Maqasid Syariah dan Konteks Sosial Kontemporer di Indonesia Nailul Muna Fadhli; Akhmad Muhaini; Arifuat Marzuki
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1631

Abstract

The opinions of the Salaf scholars on Islamic law, especially marriage, have been widely criticized by Muslim scholars today because they are considered irrelevant and violate women's rights. One of the study materials that has received attention lately is the concept of wali mujbir. This problem is felt to always roll and develop every time if the law is formulated without knowing the mindset and perspective of Islamic law itself. The purpose of this study is to determine the construction of Wali Mujbir in Islamic law and to find its context in the contemporary era using Maqasid Syariah and the social context in Indonesia. In this study, it was found that the concept of wali mujbir has lost its relevance and context in the contemporary era when viewed through maqasid syariah. Through a literature review by considering the social context, this study reveals the relevance and context of Wali Mujbir in Indonesia in order to achieve the maslahah summarized in al-kulliyat al-khoms. The author tries to combine text sources and opinions of Salaf-contemporary scholars so that there is no liberalization of the law but remains within the framework of revelation. Thus, this study provides an overview of the concept of Wali Mujbir and finds its context and essence in contemporary Islamic law.
Analisis Hukum Islam Terhadap Faktor Pernikahan Dini: Studi Kasus di Desa Bulujaran Kidul Probolinggo Tosen, Muhammad; Nofita Sari, Zeti
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1723

Abstract

This research aims to identify and analyze the factors contributing to divorce in early marriages from the perspective of Islamic law, with a case study focused on Bulujaran Kidul Village. The method used in this research is empirical, involving data collection through in-depth interviews with divorced couples, community leaders, and local authorities. The findings reveal that the main factors contributing to divorce in early marriages include emotional immaturity, economic pressure, and a lack of understanding of rights and obligations in marriage according to Islamic law. Additionally, social and cultural factors also play a significant role in increasing the risk of divorce. This research is expected to provide insights for the community and policymakers in addressing the issue of divorce in early marriages, as well as to encourage better education and understanding of Islamic marriage law.
Analisis Putusan Hakim Terhadap Penolakan Dispensasi Kawin Perspektif Maslahah Mursalah Dwi Yoga Pratama; Waluyo Sudarmaji; Najih Abqori
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 1 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i1.1775

Abstract

This study aims to analyze the judge's decision regarding the rejection of a marriage dispensation in case number 340/Pdt.P/2024/PA.Wsb., using the perspective of maslahah mursalah. The research focuses on the judge's considerations in rejecting the marriage dispensation request and how this decision can be viewed from the perspective of maslahah (public welfare) that is not explicitly regulated in legal texts, but takes into account the general benefit. The method used in this study is a qualitative approach with document analysis, studying court rulings and examining the concept of maslahah mursalah in Islamic jurisprudence related to the protection of individuals and society. The results of the study indicate that the judge in case number 340/Pdt.P/2024/PA.Wsb. rejected the marriage dispensation request because there was no urgent reason to marry a child under 19, even though the child was pregnant. This rejection was based on the Marriage Law and the principle of maslahah mursalah, which prioritizes the protection of individual rights and the welfare of society. The decision aims to protect the child’s rights, avoid long-term harm, and maintain social structure by ensuring that marriage occurs at a mature age, physically, psychologically, and sociali.

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