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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 176 Documents
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Analisis Viktimologi terhadap Perlindungan Hukum Korban Penyalahgunaan Data Pribadi dalam Pinjaman Online Jesa Salsa Billa; Lola Yustrisia
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This research examines the misuse of personal data in online loan services with a case study in East Jambi. This case shows the huge losses experienced by victims, both material in the form of the obligation to pay debts that do not belong to them, as well as immaterial in the form of psychological pressure and threats from collectors. The main problem lies in the weak identity verification system of pinjol organizers and the low public awareness in maintaining personal data security. Legal protection has actually been regulated in the Personal Data Protection Law, ITE Law, and mechanisms from the Financial Services Authority (OJK) through the iDebKu service. However, obstacles still arise due to social stigma and the fear of victims reporting. This research emphasizes the importance of legal protection that includes preventive, repressive, and alternative approaches. In addition, OJK's role through iDebKu is very significant in preventing data misuse, although strengthening regulations, improving KYC compliance, and public education are still needed. The results of the study emphasize that victims must file a complaint for every criminal offense so that justice, certainty, and security of personal data can be guaranteed.
Tradisi Dafek Kakawalmuir dalam Perspektif Hukum Keluarga Islam: Studi Kasus Suku Kur di Maluku Nur Lili Tatroman; M. Amir Mahmud; A. Rudi Maswanto
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

The practice of providing financial aid to siblings, known as Dafek Kakawalmuir, among the Kur ethnic group in Maluku, Indonesia, embodies strong family solidarity and serves as a key social obligation. Employing a qualitative approach, this study examines the tradition through the lens of Islamic family law, focusing on ethical dimensions, financial burdens, and its alignment with Islamic values amid cultural shifts. Data were gathered via semi-structured interviews with five informants from the Maluku community in Banyuwangi. Key findings reveal that the tradition is driven by long-term benefits for descendants, acts of piety, and spiritual rewards, though respondents exhibit limited understanding of its links to Islamic concepts like ‘urf (local custom) and maqāṣid syarī‘ah (objectives of Sharia). The practice transcends gender boundaries, often delaying personal milestones such as marriage. While fostering unity, it risks tensions like economic strain on married supporters. In conclusion, Dafek Kakawalmuir qualifies as a valid ‘urf under Islamic law if it promotes family cohesion without injustice, but Sharia boundaries require education to balance individual rights and collective duties. Policy implications include family dialogue forums and theoretical advancements in integrating local norms with Islamic jurisprudence in Indonesia.
Perlindungan Hukum Tanah Ulayat Terhadap Perjanjian Hak Pakai Atas Tanah di Batipuh Kabupaten Tanah Datar Indri, Anggelina; Irianto, Kartika Dewi
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

This study aims to examine the forms of legal protection for tanah ulayat (customary communal land) utilized through hak pakai (right of use) agreements in the Batipuh area, Tanah Datar Regency, West Sumatra. In the context of Minangkabau customary law, tanah ulayat is a collective asset owned by a kaum (clan) or suku (tribe) and cannot be sold. However, in practice, many hak pakai agreements are conducted orally without formal documentation, which poses the risk of legal disputes and weakens the position of indigenous communities. This research employs an empirical juridical method, using sociological and customary law approaches, supported by field data obtained through interviews with the Kerapatan Adat Nagari (KAN), Wali Nagari (village head), and local government officials. The findings reveal that although oral agreements are recognized under customary law as a valid form of consensus, they lack evidentiary strength before the state legal system. The absence of written documentation weakens the legal standing of indigenous communities in cases of breach of contract or violations by land users. The KAN and Wali Nagari function as moral guardians and mediators in disputes but have no formal authority to enforce state law. To strengthen legal protection for tanah ulayat, it is essential to integrate customary law and state law through the legalization of customary agreements in written form, without undermining the principles of consensus and deliberation (musyawarah dan mufakat). Local regulatory reforms and the capacity building of customary institutions are key to ensuring the protection of indigenous peoples’ rights over tanah ulayat now and in the future.
Pengangkatan Anak Tanpa Penetapan Pengadilan: Tinjauan Hukum Positif dan Hukum Islam (Studi Kasus Desa Balun, Banjarnegara) Aulia Putri Febyani; Seno Aris Sasmito
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri

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Abstract

parenthood. However, adoption without court approval remains prevalent in society, including in Balun Village, Wanayasa Subdistrict, Banjarnegara Regency. This study examines the practice of non-judicial child adoption in the village and analyzes its implications from positive law and Islamic law perspectives, particularly regarding children's rights. Using a qualitative field research approach with data collection through observation, interviews, and documentation, this study identifies three out of six cases of adoption (2020–2025) conducted without court approval. The findings reveal that adoptions in Balun Village are primarily motivated by familial bonds, verbal agreements, and the desire for offspring or improving child welfare. This practice contradicts Government Regulation No. 54 of 2007, leading to legal uncertainty. From a positive law perspective, it violates legal certainty and child protection principles, as the legal status of adopted children remains unclear. Meanwhile, Islamic law, as outlined in MUI Fatwa No. 9 of 1984, permits adoption provided the child’s lineage is preserved, and their identity is maintained. Empirical evidence shows that the community treats adopted children as biological offspring, even registering the adoptive father’s name in official documents—a practice that risks legal and religious complications. The implications include identity ambiguity, inheritance disputes, and potential loss of children’s rights. This study underscores the urgency of legal compliance and public awareness to ensure adoptions align with positive law and Islamic legal principles.
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.
Analisis Ijtihad Syekh Yusuf Al-Qaradhawi Tentang Haramnya Talak Mu’allaq Perspektif Saddu Al-Dzari’ah Bumulo, Zulkifli; Azwar, Zainal
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.v11i1.1777

Abstract

Sheikh Yusuf al-Qaradhawi is a contemporary scholar who is famous for his broad scientific insight, jurisprudence, and many works. He is among several scholars who are often asked for fatwas, one of his fatwas is regarding the prohibition of mu’allaq divorce (divorce that is dependent on certain conditions). This study analyzes the views of Sheikh Yusuf al-Qaradhawi regarding the law of mu’allaq divorce (conditional divorce) from the perspective of saddu al-Dzari'ah. With a normative qualitative approach based on literature study, it is found that he forbids and considers mu’allaq divorce invalid because it is not in accordance with Sharia. Al-Qaradhawi emphasizes that divorce must be done firmly and clearly, not in the form of conditions or oaths, because it can cause legal uncertainty and harm to the wife. This ijtihad analysis is based on the principle of saddu al-dzari'ah (closing the path to damage). With the perspective of saddu al-Dzari'ah, it can be concluded that mu’allaq divorce and swearing by divorce is forbidden and invalid, as a preventive measure against potential damage that will occur.

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