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MUHAMAD DANI SOMANTRI
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Mutawasith: Jurnal Hukum Islam
Published by IAI Latifah Mubarokiyah Tasikmalaya
ISSN : 27222764     EISSN : 27234681     DOI : -
Core Subject : Religion,
Religion
Mutawasith is the academic journal of Islamic law that was first published in 2018 by the Program of Sharia Economics Law (Muamalah) of the Institute of Islamic Religion Mubarokiyah Tasikmalaya. The Mutawasith Journal is published periodically twice in one year in June and December. The focus of the study from the Mutawasith Journal emphasizes the research or conceptual results relating to the study of Islamic law, sharia economic law, family law, and the social institution of contemporary Islamic Law (actual) by writing methods referring to the standards of scientific writing. The Mutawasith Journal publicly receives contributions from academics and non-academics related to the topic of journal Studies. All published articles do not necessarily present a journal view, or other institution that has a relationship with the publication of a journal.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 9 Documents
 1 
Search results for , issue "Vol. 8 No. 2 (2025)" : 9 Documents clear
Diskresi Hakim terhadap Kekosongan Hukum Perkara Wasiat Wajibah Ditinjau dari Yurisdiksi Voluntair: Studi Empiris di Pengadilan Agama Kabupaten Kediri Annisa Vika Ayu Nurwulan
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1291

Abstract

The study focuses on analyzing the legal reasoning and judicial discretion in accepting and adjudicating compulsory will cases filed voluntarily, particularly in the absence of formal procedural regulations. This is an empirical research using a qualitative approach. Data were obtained through case analysis of Decision No. 007/Pdt.P/2022/PA.Kab.Kdr, interviews with judges, and supporting documentation. Data collection techniques included observation, in-depth interviews, and document study, which were then analyzed using descriptive qualitative analysis. The findings show that judges accepted the petition based on evidence of legal adoption proven through documents and witness testimony. The judges referred to Article 49 letter (b) of Law No. 3 of 2006, and Articles 171 (h) and 209 of the Compilation of Islamic Law (KHI) as legal bases. Judicial discretion was exercised to address procedural legal gaps by relying on voluntary jurisdiction principles and the concept of maslahah (public benefit). The study concludes that, in the absence of specific formal regulations, judicial discretion plays a crucial role in ensuring legal certainty, justice, and protection of rights in compulsory will cases.
Umar Ibn al-khattab and Islamic Legal Innovation: a Study on Reality-Based Flexibility Husnawadi
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1318

Abstract

The phenomenon of rigid and textual application of Islamic law in various contemporary judicial institutions highlights the need for a more adaptive and contextual legal approach. This study aims to describe the innovations and flexibility in the implementation of Islamic law during the caliphate of Umar ibn al-Khattab, a visionary leader known for his legal policies grounded in social realities. This research is crucial as a reference for actualizing Islamic law to remain relevant and responsive to the dynamics of modern society. This study employs a descriptive qualitative method, utilizing literature review techniques involving relevant sources such as classical and contemporary textbooks, encyclopedias, academic journals, and other secondary references. The collected data are critically analyzed and interpreted thematically. The findings reveal that Umar ibn al-Khattab innovatively interpreted and applied Islamic legal texts contextually, considering public welfare (maslahah), social conditions, and the nature of offenders. This indicates that Islamic law during Umar's era was characterized by its flexibility and responsiveness, serving as an ideal model for implementing Islamic legal principles in changing times.
Analisis Komparatif Konsep Jihad Defensif dan Ofensif dalam Islam dengan Prinsip Hukum Humaniter Internasional: Studi Kasus Perlawanan Hamas Widianti, Anyta; Hasan, Hamzah; Wahid Haddade, Abdul
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1391

Abstract

This article aims to analyze and compare the two forms of jihad in Islam with the principles of IHL, in order to assess their compatibility and potential disharmony. The concept of jihad in Islam is often misunderstood, especially when associated with armed conflict. In classical Islamic jurisprudence discourse, jihad is divided into two main forms: defensive jihad (difaa'i) and offensive jihad (tulubi). Meanwhile, international humanitarian law (IHL) regulates the legality and limitations in armed conflict, particularly regarding the protection of civilians and non-combatants. The primary data sources in this study are divided into primary data in Islamic studies such as verses of the Qur'an and the Hadith of the Prophet Muhammad regarding jihad and war, and primary data in International Humanitarian Law, namely the 1949 Geneva Conventions and their Additional Protocols. Meanwhile, secondary data was obtained from literature on Islamic studies and International Humanitarian Law, journals, and research related to Jihad and War. Using a normative-comparative approach to primary and secondary legal sources, it was found that defensive jihad is more compatible in principle with IHL, while offensive jihad has the potential to conflict with modern International Humanitarian Law in practice.
Reaktualisasi Hukum Adat Minangkabau dalam Praktik Sewa Hak Pakai Tanah: Sebuah Analisis Sosiologi Hukum Islam Marizal Putra, Roni; Hanani, Silfia
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1463

Abstract

The Minangkabau customary law, as one of the oldest customary legal systems in Indonesia, has a unique land management mechanism, particularly through the concept of ulayat land which is collectively managed by clans or tribes. The practice of leasing land use rights is one form of utilizing this ulayat land. However, the understanding of the community and government officials regarding ulayat land is not uniform, leading to conflicts related to its status and management. This study aims to analyze the re-actualization and contextualization of Minangkabau customary law in the practice of leasing land use rights through an Islamic legal sociology approach. The research method used is qualitative with literature study and document analysis, including Minangkabau customary texts, fiqh books, legislation, and scholarly journals. The research results show that the practice of leasing land use rights in Minangkabau is still influenced by local traditions, although modernization and globalization have changed land ownership patterns from communal to individual.
Analisis Normatif Filosofis terhadap Fatwa Majelis Ulama Indonesia (MUI) tentang Hukum Pengendalian Perubahan Iklim Global Nasution, Ahmad Yani
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1502

Abstract

Global climate change threatens human health, socio-economic stability, and environmental sustainability. This study aims to normatively-philosophically analyze the legal construction and scriptural argumentation in the Indonesian Council of Ulama (MUI) Fatwa No. 86 of 2023 on the Law of Global Climate Change Control, as well as to assess its coherence with the principles of maqāṣid al-sharī‘ah and contemporary Islamic environmental ethics. The approach employed is content analysis of the official text of the fatwa as the primary source, supported by books and academic journals on climate change as secondary sources. This research fills a gap in the literature, which has so far tended to highlight the practical fiqhiyyah aspects of MUI environmental fatwas, by offering a philosophical reading of the maqāṣid-based rationality and the istislāḥī–sadd al-dharī‘ah framework used in the formulation of the fatwa. The findings show that MUI Fatwa No. 86 of 2023 affirms the prohibition of environmental destruction and the obligation of climate mitigation and adaptation as part of the protection of life, property, and the preservation of the earth, thereby theoretically enriching the discourse on fiqh al-bi’ah and practically strengthening the normative basis for climate change control movements and policies in Indonesia.
Pernikahan dalam Keadaan Ihram: Analisis Fikih Munakahat Mazhab Hanafi Imam Faishol
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1436

Abstract

This research is motivated by the contradiction of hadiths regarding the law of marriage contracts during ihram, which results in a sharp difference of opinion between the majority of scholars (who forbid it) and the Hanafi School (which permits it). The study aims to fundamentally analyze the internal arguments of the Hanafi School regarding this permissibility, focusing on linguistic aspects (wording), qiyas methods, and sanad criticism. This research uses a normative-textual qualitative method through a literature review of primary Hanafi fiqh books such as al-Hidayah and al-Mabsuth. The findings reveal that the permissibility in the Hanafi School is based on a conceptual distinction between the contract (aqd) and sexual intercourse (jima'), where the prohibition in the texts is interpreted as applying only to physical relations, not to the contractual transaction. This conclusion is supported by three main pillars: linguistic interpretation of the term “nikah”, the application of qiyas equating a marriage contract with other civil contracts, and critical assessment of the hierarchy of evidence. 
Komparasi Pemikiran Syaikh Nawawi Al-Bantani dalam Kitab Qut Al-Habib Al-Gharib dengan Hukum Positif Mengenai Praktik Poligami Fahmi Aunillah; Dzulkifli Hadi Imawan
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1491

Abstract

The issue of polygamy often becomes a complicated problem in family life. It is not merely for the public, even Muslim scholars and intellectuals often face challenges in discussing this topic. In practice, polygamy is a very complex and difficult thing to do. This is a descriptive analytical research, purposely to provide an in-depth description and explanation of the subject and object of research through a library research approach. The results of this study showed that the comparison of the concept of polygamy in the perspective of positive law, Islamic law, and the Book of Qut al-Habib al-Gharib has shown a number of important differences. In positive law, a husband who wants to practice polygamy is required to obtain the consent of his wife or existing wives. This consent must be given either verbally or in writing. On the other hand, in Islamic law, there is no requirement for the wife's consent to practice polygamy. In the book Qut al-Habib al-Gharib by Sheikh Nawawi al-Bantani, it is stated that a man is not allowed to marry a female slave unless he has fulfilled certain conditions set by the sharia.
Peran Bank Syariah dalam Mendorong Kewirausahaan di Masyarakat: Tinjauan Literatur terhadap Pembiayaan Syariah dan Edukasi Kewirausahaan UMKM Qanaah, Qanaah; Muh. Zidni Syukran; Muliani, Muliani
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1515

Abstract

Entrepreneurship drives economic growth and job creation in Indonesia, particularly through Micro, Small, and Medium Enterprises (MSMEs). This literature review analyzes Islamic banks' contribution to entrepreneurship development through Sharia-based financing and entrepreneurship education programs. Using systematic literature review methodology, this study examines published articles, books, and research reports to integrate multiple perspectives on Islamic banks' economic and social impact. Findings reveal Islamic banks play a strategic role supporting MSMEs through Sharia financing products (mudharabah and musyarakah), offering more equitable and sustainable alternatives than conventional systems. Beyond capital access, Islamic banks provide training and mentoring in financial management, marketing, and product development, enabling entrepreneurs to manage businesses effectively. Islamic banks create sustainable, inclusive entrepreneurship ecosystems through Sharia-based financing and comprehensive education, reducing economic inequality, creating employment, and improving societal welfare aligned with Islamic financial values of justice and collaboration.
Analisis Hukum Islam terhadap Investasi Berbasis Syariah di Era Digital Siti Sopiani; Hermawati; Muliani
Mutawasith: Jurnal Hukum Islam Vol. 8 No. 2 (2025)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v8i2.1518

Abstract

This study aims to analyze the Islamic legal aspects of Sharia-compliant investments in the digital era, highlighting the challenges and opportunities in applying Sharia principles amidst rapidly evolving technologies. Digital transformation has fundamentally changed the investment landscape, creating an urgent need for regulatory adaptation that can accommodate technological innovation without compromising adherence to Sharia principles. The research employs a qualitative approach with a focus on comprehensive document analysis, reviewing academic literature, legal regulations and policies, Islamic scholar fatwas, and current research reports. The findings indicate that while technologies such as blockchain, smart contracts, and digital investment platforms offer tremendous potential to enhance transparency, efficiency, and accessibility in Sharia-compliant investments, significant challenges remain that require serious attention. These challenges include adaptive regulatory adjustments, strengthening consumer protection systems, international legal harmonization, and improving digital and Sharia literacy among investors. This study contributes to the development of more adaptive and inclusive regulatory frameworks for Sharia-compliant investments and underscores the urgency of comprehensive education and international collaboration in addressing the complexities of digital Sharia-compliant investment issues in the future.

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