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Muhammad Yusqi
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INDONESIA
MAQASHID : Jurnal Hukum Islam
Published by Universitas Al-Qolam
ISSN : 26139758     EISSN : 26854619     DOI : 10.35897
Core Subject : Religion, Education, Social,
Religion Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal MAQASHID merupakan jurnal ilmiah yang diterbitkan oleh program studi Ahwal al-Syakhsiyah Institut Agama Islam Al-Qolam, terbit dua kali dalam satu tahun. Sebagai sarana pengembangan intelektual dosen dan civitas akademik pegiat hukum Islam. Redaksi menerima artikel ilmiah maupun hasil laporan penelitian yang relevan dengan tema dalam jurnal ini, yaitu hukum Islam. Naskah yang dikirim adalah naskah yang sesuai dengan pedoman penulisan artikel jurnal MAQASHID
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol. 8 No. 2 (2025): Nov 2025" : 8 Documents clear
SANCTIONS FOR PLAGIARIZERS OF SCIENTIFIC PAPERS FROM THE PERSPECTIVES OF POSITIVE LAW AND ISLAMIC LAW Amirullah, Muhammad; Maulana, M Luthfillah
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.2117

Abstract

This study aims to explain and analyze the sanctions for plagiarism in writing scientific papers from the perspective of Islamic law and positive law. The main focus of this study is to understand how Islamic law and positive law view plagiarism and the sanctions that should be applied to the perpetrators. It is hoped that this study can provide better insight into the appropriate sanctions for plagiarism perpetrators, as well as encourage awareness of the importance of academic integrity among students. Thus, this study not only aims to provide solutions to the problem of plagiarism, but also to improve the quality of education and appreciate scientific work in Indonesia. This study uses normative legal research and library research by conducting a review of laws and regulations, books, and fiqh books related to the title of this thesis. The results of this study indicate that in Positive Law, Plagiarism perpetrators can be subject to administrative, academic, or criminal sanctions, depending on the level of error and the impact caused. In Islamic Law, Plagiarism is considered an act of violating copyright and is a form of injustice. Punishment in Islam is ta'zir, which can be in the form of a warning, fine, or other punishment determined by the authorities to provide a deterrent effect to the perpetrator.
ANALISIS KERJE NAIK PERSPEKTIF MAQĀṢID SYARĪʽAH DAN PERLINDUNGAN ANAK : Di Kecamatan Tripe Jaya Kabupaten Gayo Lues Nida Ul Fadhila
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.2146

Abstract

Abstract: This research stems from the issue of the “kerje naik” (elopement) marriage practice within the Gayo community, which often deviates from customs and involves underage children. Although often seen as a solution to avoid shame, this practice is actually driven by complex social and economic factors. Therefore, this study aims to describe the customary dispute resolution mechanisms related to the “kerje naik” case involving children in Tripe Jaya District, while also analyzing it from the perspective of Maqāṣid syarī‘ah  and the Child Protection Law. Using a descriptive qualitative method, data was collected through observation, in-depth interviews, and analysis of legal documents. The research findings indicate that, despite serving as a customary solution, this practice is not fully aligned with the principles of maqāṣid syarī‘ah  and substantially violates children's rights, especially girls', such as the right to education and legal protection. This finding confirms that existing customary dispute resolution mechanisms need to be reformed, integrated with the national legal system, and involve relevant institutions to ensure comprehensive child protection.
EFEKTIVITAS RESTORATIVE JUSTICE PERSPEKTIF JINAYAH: Studi Penerapan Perpol Nomor 8 Tahun 2021 Tentang Di Polresta Surakarta Khayaatin, Rahma; Widodo , Aris
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.2169

Abstract

Abstract:  Restorative justice is an alternative approach to resolving criminal acts without punishment that has been implemented in Indonesia since 2021 at the police level. The purpose of this interview is to obtain more in-depth information about how restorative justice is implemented, including experiences, opinions, and obstacles encountered, as well as to obtain data and information related to the practice of restorative justice at the Surakarta Police Headquarters. The research method used in this study is qualitative research, with a normative and empirical approach. This study uses secondary data as its main source. This study uses interview techniques to collect data.  The data analysis technique used in this study is the qualitative approach according to Miles and Huberman, which consists of three main stages, namely data simplification (reduction), data presentation, and conclusion drawing. Based on the results of the study, the implementation of Police Regulation Number 8 of 2021 concerning Restorative Justice at the Surakarta Police Headquarters is considered ineffective. To ensure equitable and fair implementation for all levels of society, Police Regulation No. 8 of 2021 should be repealed and replaced with a Law on Restorative Justice that adopts the principle of diyat in Islam. However, the formulation of a Law on Restorative Justice that adopts the principle of diyat in Islam in Indonesia needs to be done carefully, inclusively, and contextually so that the values of justice, benefit, and forgiveness can be accepted by the entire community and not considered as a practice of the majority religion.
URGENSI PEMBAHARUAN HUKUM KELUARGA ISLAM : Analisis Dalam Batas Usia Menikah, Poligami Dan Hak Ibu-Anak Pasca Perceraian Kausar, Ira; Syarifuddin, Syarifuddin; Murtadho , Ali
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.1954

Abstract

The reform of Islamic family law is an urgent matter that requires the government's full attention. The reality of the times and the diversity of issues make it difficult to apply the old rules. Issues such as the minimum age for marriage, polygamy, and the rights of mothers and children after divorce require in-depth analysis through a qualitative approach using descriptive-analytical methods that provide a comprehensive overview, as well as literature studies, in order to find solutions that are in line with the times. A comprehensive discussion is needed so that Indonesian society has strong, up-to-date regulations that address future challenges related to resolving issues such as the minimum age for marriage, polygamy, and the rights of mothers and children after divorce.
PERCERAIAN AKIBAT HUTANG PIUTANG ISTRI TANPA SEPENGETAHUAN SUAMI PERSPEKTIF IMAM SYAFI’I : Studi di Desa Karangnongko Poncokusumo Malang Ulum, Bahrul; Yusqi, Muhammad
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.1414

Abstract

This study examines how debts incurred by a wife without her husband's knowledge affect marital harmo ny and how such actions may serve as valid grounds for divorce. Divorce is a complex social phenomenon influenced by various factors, and financial secrecy is one of the key triggers of marital conflict. When a wife secretly takes on debt, it can create distrust, emotional strain, and significant financial pressure that disrupt the stability of the household. Using field research methods—including interviews, observations, and document analysis—this study interprets the findings through established theories to understand the psychological and emotional consequences of such actions and their impact on divorce decisions. The results show that, according to Imam al-Shafi‘i, a wife who incurs debt without informing her husband undermines family well-being and violates the principles of trust and shared responsibility in marriage, highlighting the importance of financial transparency and open communication in maintaining marital harmony
INDONESIAN CRIMINAL LAW INTEGRATING MAQĀṢID AL-SYARĪ‘AH : with Ibn ‘Āsyūr's Theological Approach to Qiṣāṣ and Theft muhammad dakhlan gazali
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.2176

Abstract

Keywords: maqāṣidal-syarī‘ah, Ibn ‘Āsyūr, 2023 Criminal Code, Indonesian criminal law, qiṣāṣ, theft.
NEGOTIATING BETWEEN SHARIA AND MEDICAL PRACTICE: An maqashid Analysis of Khashyat al-Imlāq as a Motive for Misoprostol Use in Indonesian Muslim Households hendry hendri mania; Nofiardi Nofiardi
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.2286

Abstract

The use of misoprostol (miso) as an abortion drug has sparked ethical, medical, and legal debates. On the one hand, this drug has important medical functions, such as treating miscarriages, postpartum hemorrhages, and life-threatening emergencies in mothers. However, on the other hand, miso is often misused for illegal abortions. This article aims to examine the position of miso in the perspective of contemporary Islamic law through the maqāṣid al-syarī‘ah approach. The research was conducted using a qualitative method based on a literature study, with primary sources from the Qur'an, hadith, classical fiqh books, and contemporary fatwas from Majma' al-Fiqh al-Islami and the Indonesian Ulema Council (MUI). The results of the study show that the use of miso is permissible if there are sharia and medical reasons of emergency, such as saving the life of the mother or a fetus that is already dead, provided that the pregnancy is less than 120 days old. Conversely, the use of miso for illegal abortion without an emergency reason is considered haram, as it contradicts the principles of ḥifẓ al-nafs and ḥifẓ al-nasl. In conclusion, contemporary Islamic law affirms that the use of misoprostol must be subject to maqāṣid al-syarī‘ah, with strict medical supervision and regulation, in order to protect life and preserve offspring.
BETWEEN SHARIA PROHIBITIONS AND LEGAL VACUUM: Islamic Law and State Perspectives As Guidelines In Interfaith Marriages Nisrina Ismarani; Dhini Nurhasanah Kusuma Putri; Nadhirah Syaharani; Yunisa Akhiryani; Zahra Nurjanah; Indah Sari
MAQASHID Vol. 8 No. 2 (2025): Nov 2025
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v8i2.2308

Abstract

The prevalence of interfaith marriages in Indonesia has become a serious issue and has attracted significant public attention. Islamic law clearly prohibits interfaith marriages, but this differs from state law, causing a conflict of views among the public. This study aims to determine the reasons why Islamic law prohibits interfaith marriage, to understand why the state does not legalize interfaith marriage, which creates a legal vacuum, and to analyze how the two perspectives, namely Islamic law and state law, address the issue of interfaith marriage. The research method used is qualitative research with a literature study approach, using data obtained from Google Scholar from 2020 to 2024 and other sources such as the Qur'an, applicable laws and regulations, scientific journals, and news articles discussing interfaith marriage. The results of the study show that state law leaves the validity of marriage to the religious laws of each party through Article 2 paragraph (1) of the Marriage Law. Meanwhile, Islamic law strictly prohibits interfaith marriage as stipulated in Article 40 letter (c) and Article 44 of the Compilation of Islamic Law (KHI). Thus, there is a common ground between Islamic law and state law, namely that both place religious norms as the basis for determining the validity of marriage, so that interfaith marriage cannot be legalized in practice.

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