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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 8 Documents
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Search results for , issue "vol. 12 no. 2 (2026): el faqih" : 8 Documents clear
Perlindungan Korban Kekerasan Seksual yang Mengalami Kehamilan: Reinterpretasi Hukum Aborsi Berbasis Keadilan dan Maqāṣid al-Syarī‘ah Septia Fitri Muji Rahmadani; Noer Afifah Putri Berlianah; Vrisko Putra Vachruddin
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3247

Abstract

The issue of abortion for victims of severe sexual violence is complex, involving legal, psychological, religious, and humanitarian dimensions. This study aims to conduct an in-depth analysis of existing Indonesian regulations regarding abortion for victims of severe sexual violence and to evaluate the psychological impact experienced by these victims. Employing a literature review methodology, the study analyzes relevant scientific articles, journals, and regulations. The findings indicate that victims of severe sexual violence who become pregnant suffer from severe trauma, high levels of anxiety, depression, and even suicidal ideation. Unplanned pregnancies further exacerbate the victim's mental health, making legal recourse and psychological support crucial. Under positive law, abortion is generally prohibited; however, exceptions exist for emergency situations—such as pregnancy resulting from rape—as stipulated in Health Law Number 36 of 2009, Government Regulation Number 61 of 2014, and the Criminal Code (KUHP) via Law Number 1 of 2023. From an Islamic legal perspective, the majority of ‘Ulama prohibit abortion after 120 days of gestation but permit it prior to 40 days in emergency situations involving victims of severe sexual violence, in accordance with the 2005 Fatwa issued by the Indonesian Ulema Council (MUI). This study highlights the importance of victim-friendly legal policies that adopt fair, responsive approaches focused on the recovery process. Thus, both state law and religious norms seek to strike a balance between protecting the fetus and restoring the victim's dignity, aiming to establish justice grounded in humanitarian values.
Krisis Ekologis dan Kegagalan Kebijakan: Analisis Banjir dan Longsor di Sumatra Nurul lutfiah Sultan; Kurniati; Fatmawati
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3249

Abstract

The ecological crisis manifested in the increasing occurrence of floods and landslides in Sumatra is not solely associated with hydrometeorological factors, but is also closely related to deforestation, land-use change, and weak environmental governance. This study aims to analyze the ecological crisis and the implementation of environmental policies in relation to floods and landslides in Sumatra through the perspective of ḥifẓ al-bi’ah as an integral component of maqāṣid al-syarī‘ah, while also formulating a policy direction oriented toward sustainability and ecological justice. This study employs a qualitative approach using a normative-juridical method based on library research, incorporating philosophical, conceptual, and statutory approaches to primary, secondary, and tertiary legal sources. The findings indicate that ecological degradation caused by deforestation, land-use change, and weak environmental oversight has increased vulnerability to floods and landslides. The main problem in environmental policy lies not in the absence of regulations, but in weak implementation, law enforcement, supervision, and the dominance of exploitative economic interests. This study contributes to the existing literature by positioning ḥifẓ al-bi’ah as an evaluative framework for environmental policy rather than merely as an ethical principle, through the integration of dar’ al-mafāsid (prevention of harm) and jalb al-maṣāliḥ (promotion of public welfare). This framework highlights the need to shift environmental policy from a reactive and exploitative orientation toward a preventive, ecologically just, and intergenerationally sustainable approach.
Idah dan Ihdad bagi Perempuan Pekerja: Reinterpretasi Hukum Islam dan Kebijakan Kepegawaian dalam Perspektif Kemaslahatan Rika Noviani
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3283

Abstract

This study examines how the Islamic waiting period ('iddah) and mourning practice (ihdad) intersect with civil-service leave entitlements in Indonesia, focusing on the tension between religious mourning obligations, women’s right to work, and personnel policy for employees who lose a spouse. Two female civil servants at UIN Salatiga who had completed 'iddah after their husbands’ deaths were purposively selected from five potential informants; the other three declined, a limitation this study acknowledges given the sensitivity of grief-related research. Data were collected through semi-structured interviews, analyzed thematically, and triangulated against Civil Service Agency Regulation No. 24/2017 (as amended by Regulation No. 7/2021) and recent fiqh literature. Both informants negotiated rather than fully resolved the tension: neither violated 'iddah’s core legal prohibitions, but leave ceilings far shorter than the 130-day waiting period meant ihdad’s stricter behavioral norms could not be fully observed. This negotiation is better explained through maqāṣid al-sharī‘ah, distinguishing ḍarūrah (necessity) from ḥājah (pressing need), than through a claim of full compliance or a binary framing of religious duty versus paid work. The study argues for a contextual reinterpretation of 'iddah and ihdad for working women and recommends that civil-service institutions formalize dedicated bereavement leave, flexible work arrangements, and psychological support for staff experiencing loss
Rekonstruksi Status Hukum Pencatatan Perkawinan Nurnanda
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3307

Abstract

The legal status of marriage registration in Indonesia remains contested: some view it as a mere administrative requirement, others as a substantive element determining validity. This article asserts that a marriage remains religiously valid once its pillars and conditions are fulfilled, yet registration constitutes an instrumental legal obligation (wājib li ghairihi) serving as the condition for obtaining legal force, authentic evidentiary status, and state protection of maintenance and inheritance rights. Employing normative legal research with conceptual, statutory, comparative, and thematic-holistic approaches, this article treats QS. al-Baqarah (2): 282 on debt documentation as the root case (aṣl), whose textually stated rationale ('illat manṣūṣah) justice, evidentiary strength, and prevention of doubt is extended to marriage registration through a fortiori analogy (qiyas aulawi), reinforced by seven hadith texts and two reports (athar) of Umar bin al-Khaṭṭāb on marriage announcement and witnessing, and confirmed through two legal maxims: mā lā yatimm al-wājib illā bihi fahuwa wājib and ḥukm al-ḥākim yarfa' al-khilāf. The study formulates a graduated legal-status classification religiously valid, legally registered, legally binding, evidentially provable, and state-protected resolving the apparent contradiction between registration as merely "administrative" and simultaneously "substantive" in the administrative-law literature. Diverging from contemporary studies employing maṣlaḥah mursalah, this article offers a textually anchored uṣūl al-fiqh reasoning chain, completing the thematic-holistic framework pioneered by earlier research while affirming that Law No. 1 of 1974 and the Compilation of Islamic Law establish a binding legal order rather than merely resolving juristic disagreement.
Peran Bhabinkamtibmas dalam Resolusi Sengketa Waris Berbasis Keadilan Restoratif dan Maqāṣid al-Syarī‘ah A.Hendra; Asyikin, Nur Hazmi; Muchsin, Agus; Islamul Haq
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3310

Abstract

This study aims to analyze the forms of responsibility, challenges, and preventive and non-litigation conflict resolution efforts undertaken by Bhabinkamtibmas in handling potential legal violations in inheritance disputes within the jurisdiction of the Pinrang Resort Police, based on the principles of justice and harmony in Islamic Family Law. This research employs a qualitative descriptive method with a case study approach in Kelurahan Macinnae, Kecamatan Patampanua Paleteang. Data were collected through participatory observation, in-depth interviews with 11 informants (consisting of 1 Bhabinkamtibmas officer, 2 police officers, 3 community/religious leaders, 2 village government officials, and 3 disputing parties), and documentation of 5 inheritance dispute cases from the 2023–2025 period. The results indicate that Bhabinkamtibmas's responsibility includes three main forms: community development (Binmas), early detection, and problem-solving mediation. The main challenges include low public awareness of Islamic inheritance law (faraidh), strong emotional factors in family conflicts, and public resistance to involving the police. Preventive efforts include legal education and socialization, while non-litigation conflict resolution efforts focus on mediation and facilitating peaceful agreements. The novelty of this study lies in the coordination model between community policing (Bhabinkamtibmas), religious authorities (religious leaders and KUA), and inheritance dispute resolution mechanisms (mediation and referral to the Religious Court), which positions Bhabinkamtibmas as an initial facilitator and connector, not as the determiner of inheritance rights. These findings confirm that Bhabinkamtibmas serves not only as a law enforcer but also as a social facilitator and family mediator that involves religious values in the deliberation process.
Kinship Endogamy and the Purpose of Marriage: A Maqāṣid-Based Reinterpretation of Kafā'ah al-Nasab in Abū Bakr al-Dimyāṭī's Iʿānat al-Ṭālibīn Ahmad Fikri Naufal
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3334

Abstract

This study examines the conceptual tension between kinship endogamy and the purposes of marriage in Islamic law through a close reading of kafā'ah al-nasab in Abū Bakr al-Dimyāṭī's Iʿānat al-Ṭālibīn, read alongside the wider Shāfiʿī ḥāshiyah tradition on Fatḥ al-Muʿīn (al-Malībārī, al-Bujayrimī, al-Jamal) and al-Nawawī's independent formulations. Marriage in Islamic legal thought serves religious, reproductive, ethical, and familial purposes as well as social ones; this study isolates the social dimension for analysis rather than treating it as marriage's single universal purpose. Using library research with a textual-contextual and intertextual method, the study first separates statements shared across the ḥāshiyah tradition from formulations distinctive to al-Dimyāṭī, then reads the coded material through Jasser Auda's systems approach to maqāṣid al-sharīʿah, with ḥifẓ al-nasl (preservation of lineage) as the primary maqṣad at stake. The analysis shows that al-Dimyāṭī's own text treats nasab-based kafā'ah as a waivable protective right (isqāṭ) rather than an absolute condition, and only gestures toward marriage outside the kinship circle through a caution against ḍaʿf al-shahwah; the broader claim that marriage functions to expand social relations (ittiṣāl al-qabāʾil) is better understood as the author's contemporary reconstruction than as al-Dimyāṭī's explicit doctrine. The study argues that status-based lineage endogamy should be analytically distinguished from marriage between close biological relatives, since only the latter carries documented genetic risk, and proposes reconstructing kafā'ah as a contextual principle balancing dignity, consent, compatibility, and family welfare alongside the other purposes marriage also serves.
Paradigma Ijtihad Mazhab terhadap Zakat Al-khalīṭain: Analisis Ushuliyah atas Perbedaan Penafsiran Hadits Fadhliah Mubakkirah; Haeni Mukti; Achmad Musyahid Idrus; Imran Anwar Kuba; Nasya Tisfa Taudiyah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3346

Abstract

This study examines the differences in the ijtihad of Islamic legal schools (madhhabs) regarding zakat al-khalīṭain, which arise from varying interpretations of hadith ahkām concerning the partnership of zakatable assets. The research focuses on analyzing the methods of istinbāṭ (legal deduction) and the uṣūl al-fiqh approaches employed by different madhhabs, which have led to legal disagreements in determining the rulings of zakat al-khalīṭain. The objectives of this study are to explain the foundations of madhhab-based ijtihad, examine the influence of hadith interpretation on legal differences, and analyze the uṣūl al-fiqh methodologies utilized by classical jurists. This research is a normative legal study conducted through library research, employing uṣūl al-fiqh and comparative madhhab approaches. The findings reveal that the differences in the legal rulings of zakat al-khalīṭain are influenced by varying understandings of hadith terminology, the concept of khalṭah (asset partnership), and the methods of legal reasoning (istidlāl) adopted by each madhhab. The Shāfiʿī and Hanbalī schools tend to recognize the effect of asset partnership on zakat obligations, whereas the Hanafī school adopts a more restrictive approach. Meanwhile, the Mālikī school considers public welfare (maṣlaḥah) and social practices as important factors in legal determination. These differences demonstrate that juridical disagreement (ikhtilāf fiqhī) is a natural consequence of the diversity of ijtihad methodologies used by scholars in interpreting Islamic legal sources.
Implikasi Hukum Kedaluwarsa Ikrar Talak Terhadap Status Perkawinan: Studi Kasus di Pengadilan Agama Panyabungan Andri Irama Daulay Andri; Ibrahim Siregar; Putra Halomoan Hsb
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 12 No. 2 (2026): 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.v12i2.3393

Abstract

This study aims to analyze the loss of the right to pledge talaq due to the non-implementation of the talaq pledge from the perspective of Islamic family law in the Panyabungan Religious Court. This research uses empirical legal methods with juridical-normative and sociological approaches. The research was carried out in January 2025 by interviewing three judges, and five litigants, as well as analyzing talaq divorce case documents. Data was obtained through interviews, document studies, and literature studies, then analyzed qualitatively. The results of the study show that if the husband does not pledge talaq within six months from the date of the decree having permanent legal force, the right to vow talaq becomes lost, while the marriage bond still lasts. Of the 177 cases, the non-fulfillment of the talaq pledge was caused by economic factors 25/%, inability to fulfill post-divorce obligations 30/%, reconciliation or desire to maintain the marriage 45/%,. This condition shows the paradox between procedural certainty and substantive justice. Although the rules provide a clear time limit, the mechanism can create uncertainty for the wife because the sustainability of the divorce process is highly dependent on the husband's actions. The novelty of this research lies in the finding that the mechanism of the elimination of the right to pledge talaq has the potential to create inequality in the position of the wife in the talaq divorce process, so its application needs to consider not only legal certainty, but also justice, utility, and protection of the rights of the parties.

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