cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
ardiansyah
Contact Email
ardi.ansyah@stainmajene.ac.id
Phone
+6281253281796
Journal Mail Official
jurnalqisthosia@stainmajene.ac.id
Editorial Address
jalan BLK Kelurahan Totoli Kecamatan Banggae kabupaten Majene Provinsi Sulawesi Barat
Location
Kab. majene,
Sulawesi barat
INDONESIA
Qisthosia
Published by Sekolah Tinggi Agama Islam Negeri Majene
ISSN : -     EISSN : 28081676     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
This Qisthosia: Jurnal Syariah dan Hukum intents to publish issues on law studies and practices in Indonesia covering several topics related to Islamic law, Islamic Law of Criminal, Islamic Law of Family, Islamic Economic Law, Social Community, Constitutional law, International Law, Environmental Law, Criminal Law, Private Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "vol. 7 no. 1 (2026)" : 8 Documents clear
Reinterpretasi Konsep Maṣlaḥah Dalam Mazhab Mālikī dan Relevansinya Terhadap Problematika Hukum Islam Kontemporer: A Reinterpretation of the Concept of Maṣlaḥah in the Mālikī School and Its Relevance to Contemporary Issues in Islamic Law Suandi Suandi; Jumarni Dalle; Nurchaliq Majid; Inda Sari Palinrungi; Rasdiana; Kasmanita
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2066

Abstract

This article examines the reinterpretation of maṣlaḥah in the Mālikī School of Law and its relevance to contemporary Islamic legal issues in a global context. It departs from the tension between textual-normative reasoning and the increasing need to contextualize Islamic law. The study argues that maṣlaḥah is not merely a utilitarian instrument, but a methodological principle rooted in the Mālikī uṣūl al-fiqh tradition and oriented toward the realization of maqāṣid al-sharīʿah. Historically, maṣlaḥah developed through three phases. The first was a practical phase grounded in the social reality of Madinah and the tradition of ʿamal ahl al-Madīnah. The second was a systematic phase in which maṣlaḥah was integrated with the maqāṣid framework, especially in medieval legal thought. The third was a contemporary phase marked by the demand for contextual reinterpretation. Using library research and a conceptual-historical approach, this article analyzes the thought of Mālikī scholars, especially Mālik ibn Anas and al-Shāṭibī, and its development in contemporary scholarship. This study finds that many previous works discuss maṣlaḥah in a normative, abstract, and cross-madhhab manner, which obscures the distinctive epistemological character of the Mālikī tradition. The findings show that reinterpretating Mālikī maṣlaḥah through maqāṣid al-sharīʿah provides a controlled evaluative framework for addressing global issues, such as human rights, social justice, bioethics, public governance, and digital technology ethics. This article contributes a systematic and applicable framework for moderate, contextual, and substantively just Islamic legal ijtihad, while preserving legal continuity, methodological accountability, and the normative authority of Islamic law in modern societies.
Pluralisme Hukum dalam Penentuan Ramadan: Otoritas Kitab Matla’ul Badrayn sebagai Living Law di Masyarakat Indonesia.: Legal Pluralism in Determining the Start of Ramadan: The Authority of the Book Matla'ul Badrayn as "Living Law" in Indonesian Society. Muhammad Khalil Mubarraq; Ismail Ismail; Laiyina Ukhti
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2121

Abstract

Determining the beginning of Ramadan in Indonesia is frequently marked by tension between the state regulatory authority and traditional religious texts. This article analyzes the Kitab Matla' al-Badrayn wa Majma' al-Bahrayn by Sheikh Muhammad bin Ismail al-Fathani, which has transformed from classical literature into a living law within the Muslim community of the Archipelago (Nusantara). Employing a socio-legal approach, this study examines how theological compliance with the text, specifically page 60, which prescribes methods for determining Ramadan through istikmal, rukyah hilal, isbat hilal, and customary signs, challenges the hegemony of the national calendar unification based on MABIMS astronomical criteria. The findings indicate that the community's continued adherence to the local matla' territorial limit of 24 farsakh is a unique phenomenon. Although information technology enables the instant distribution of rukyah hilal news beyond physical boundaries, a segment of society continues to reject long-distance rukyah results that transcend textual stipulations. This underscores that for traditional society, legal certainty in worship is determined more by steadfast conviction in the turats heritage than by the administrative rationality of Wilayatul Hukmi proposed by the state. This article concludes that the reality of legal pluralism cannot be negated solely through a technocratic approach. The existence of Matla' al-Badrayn as a moral compass demands that the state acknowledge differences in month-determination methods as logical consequences of diversity within Islamic legal epistemology. These differences must be managed through constructive dialogue rather than coercive unification.
Rekonstruksi Makna Larangan Memakan Harta Secara Batil dalam Al-Qur’ān melalui Hermeneutika Double Movement Fazlur Rahman: Reconstructing the Meaning of the Prohibition Against Unjustly Acquiring Wealth in the Qur'an through Fazlur Rahman's "Double Movement" Hermeneutics sulkifli sulkifli; Adliansyah; Baharuddin Akmal; Nasra Yunita
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2154

Abstract

This article examines the prohibition of consuming wealth unlawfully (akl al-amwal bi al-batil) in the Qurʼan through Fazlur Rahman’s double movement hermeneutical approach. The study is based on the observation that interpretations of Qurʼanic verses concerning unlawful acquisition of wealth are often confined to normative and textual understandings, making them less capable of addressing the complexities of contemporary economic issues. This research employs a library-based qualitative method and adopts a contemporary Qurʼanic interpretation perspective by analyzing both the historical context of revelation and its relevance to present-day social realities. The discussion focuses on Q.S. al-Nisā’ (4):29 and Q.S. al-Baqarah (2):188 as the primary textual foundations for the prohibition of acquiring wealth through illegitimate means. The findings reveal that the prohibition of consuming wealth unlawfully is not merely a legal-formal injunction but also embodies universal moral principles, including justice in the acquisition and management of wealth, mutual consent in transactions, transparency, and the protection of human dignity and welfare. Through the first movement of Rahman's hermeneutics, the study finds that these verses were revealed as a response to exploitative and unjust economic practices prevalent in pre-Islamic Arabian society. The second movement demonstrates that the moral ideals embedded in these verses remain relevant for evaluating contemporary economic practices, such as digital fraud, corruption, market manipulation, online gambling, and other forms of economic exploitation. Therefore, the double movement approach highlights the dynamic and contextual nature of Qurʼanic teachings, demonstrating their continued relevance in addressing modern socio-economic and transactional challenges.
Analisis Maqāṣid Syarī‘ah terhadap Pertimbangan Hakim dalam Putusan Nafkah Anak Pasca Perceraian di Pengadilan Agama: An Analysis of the Maqāṣid al-Sharī‘ah in Relation to Judges' Considerations in Post-Divorce Child Support Rulings in Religious Courts Nur Afifa Maharani; Kurniati; Zulhas’ari Mustafa
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2284

Abstract

This study examines how maqāṣid syarī‘ah are applied in judicial reasoning on child maintenance after divorce and how they support the protection of children's rights. Using the framework of al-kulliyyāt al-khams, namely the preservation of religion, life, intellect, lineage, and property, the study assesses whether religious court decisions place children's welfare at the center of legal consideration. The research uses a normative legal method, drawing on statutory and case law. It compares three decisions: Decision Number 2487/Pdt.G/2024/PA.Mks, Decision Number 1800/Pdt.G/2024/PA.Pas, and Decision Number 147/Pdt.G/2025/PA.Gtlo. The analysis uses content and comparative analysis to examine the five main objectives of Islamic law. The findings show a shift from formal legal reasoning toward substantive justice in child maintenance cases. The dominant maqāṣid dimensions are ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-nasl. These include protecting children's basic needs, education, psychological well-being, and continued parental responsibility after divorce. Each decision shows a different pattern. Decision No. 2487/Pdt.G/2024/PA.Mks emphasizes psychological protection and the quality of caregiving. Decision No. 1800/Pdt.G/2024/PA.Pas prioritizes education and living needs based on the father's stable income. Decision No. 147/Pdt.G/2025/PA.Gtlo balances children's needs with the father's financial capacity and regional living costs. However, maintenance awards still rely mainly on the father's financial ability rather than on objectively measured child needs. The study recommends measurable child maintenance guidelines based on age, education, healthcare, living costs, and verified parental income.
Analyzing the prohibition of prostitution through the lens of Maqasid al-Shari'ah focuses on upholding Al-Daruriyyat Al-Khamsah: Analisis terhadap larangan prostitusi melalui kacamata Maqasid al-Syari’ah berfokus pada pemenuhan Al-Daruriyyat Al-Khamsah Adrianto; Haslinda
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2151

Abstract

Prostitution destroys the institution of valid marriage and obscures the clarity of lineage due to promiscuity/free sex. This practice is highly vulnerable to triggering sexual violence, human exploitation, and the spread of infectious diseases. Prostitution localization is often closely related to the circulation of liquor and illicit drugs. All forms of commercial sexual transactions constitute a form of disobedience to God's law that degrades the spiritual morals of the perpetrators. And prostitution transactions constitute a waste and the acquisition of illicit wealth. The primary goal of prohibiting prostitution through the Maqasid al-Shari'ah approach is to realize public welfare (maslahah) and prevent harm/corruption (mafsadah). By focusing on universal protection (Al-Daruriyyat Al-Khamsah - the five essential needs), this prohibition is designed to safeguard the core foundations of human life from moral and social destruction. research of an Approach of the Higher Objectives/Purposes of Islamic Law of prostitution by Using a normative legal approach with an Approach of the Higher Objectives/Purposes of Islamic Law research, research results show that First The approach of the Higher Objectives/Purposes of Islamic Law (Maqāṣid al-Sharīʿah) to prostitution is that it is strictly forbidden (haram) because it violates the fundamental, essential human needs (al-darūriyyāt al-khamsah) that Sharia aims to protect. Second, the approach of the Higher Objectives/Purposes of Islamic Law (Maqāṣid al-Sharīʿah) regarding prostitution results in a strict prohibition, framing it as a major violation of the foundational goals of Islamic jurisprudence, primarily the protection of religion, honor, lineage, and life.
Islamic Family Law Reform in Indonesia (Typology, Revitalization, and Constitutional Challenges) Moh. Mujibur Rohman; Nuri Wahda Salsabila Usmany; Bunyamin; Syamsul Bahri; Andi Nur Fikriana Aulia Raden
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2158

Abstract

The reform of Islamic family law in Indonesia has been widely discussed; however, existing studies predominantly examine fragmented legal issues, historical developments, or specific statutory changes, leaving limited attention to the integrated relationship between reform typology, legal revitalization, and constitutional challenges. This study addresses this gap by analyzing how these three dimensions interact within Indonesia's plural legal system. Employing a normative juridical approach, the research examines constitutional provisions, legislation, judicial decisions, and relevant legal doctrines through statutory, conceptual, historical, and case analyses. The study aims to formulate a comprehensive framework for understanding the trajectory of Islamic family law reform and to assess its constitutional compatibility in promoting legal certainty, justice, and public welfare. The novelty of this research lies in the development of an integrative analytical model that connects the typology of legal reform with revitalization strategies and constitutional principles. The findings demonstrate that Islamic family law reform in Indonesia has evolved through adaptive, progressive, and accommodative patterns, reflecting dynamic interactions between Islamic legal values, national legal policies, and constitutional norms. Nevertheless, constitutional tensions remain regarding equality, human rights, and judicial interpretation. This research contributes to the discourse on Islamic legal reform by offering a constitutional perspective that supports the development of a more coherent, inclusive, and responsive family law system in Indonesia.
Kontekstualisasi Nilai-Nilai Adat "Sianauang paqmai" dan "Sibaliparriq" dalam Perkawinan Masyarakat Mandar Perspektif Hukum Keluarga Islam: Contextualization of the Traditional Values of “Sianauang paqmai” and “Sibaliparriq” in Marriage Among the Mandar People: A Perspective from Islamic Family Law Kuddus; Rusdaya Basri; Fikri
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2371

Abstract

This study examines the contextualization of the traditional values of Sianauang paqmai and Sibaliparriq in Mandar marriage customs from the perspective of Islamic family law. It addresses three questions: the meaning and role of these values, their implementation in contemporary Mandar marriages, and their compatibility with Islamic family law. This qualitative field research employed a juridical-empirical approach, drawing on primary and secondary data. Data were collected through interviews, observations, and documentation, then analyzed descriptively through data reduction, data presentation, and conclusion drawing. The study applied the theories of urf, living law, implementation, and gender. The findings show that Sianauang paqmai and Sibaliparriq remain significant in Mandar family life. Sianauang paqmai emphasizes affection, mutual respect, emotional understanding, and constructive communication between spouses. Sibaliparriq stresses cooperation, shared responsibility, mutual support, and a balanced division of domestic and family roles. Together, these values strengthen household harmony, resilience, and continuity. In contemporary practice, both values continue to be reflected in mutual care, respect, cooperation, and the sharing of responsibilities between husband and wife. Their relevance remains strong today. From the perspective of Islamic family law, their implementation is consistent with Sharia principles because it promotes love, justice, cooperation, and collective responsibility within marriage. The novelty of this study lies in positioning Sianauang paqmai and Sibaliparriq as forms of living law. They are not merely preserved as Mandar cultural heritage, but are also contextualized as customary values that support and reinforce the principles of Islamic family law in contemporary marital life.
Kalibrasi Arah Kiblat Tempat Makam Pahlawan Bhakti Kerinci Perspektif Ilmu Falak: Calibration of the Qibla Direction at the Bhakti Kerinci Heroes’ Cemetery An Astronomical Perspective Darlius Darlius; Muhamad Syamil Fathi Bin Che Muhamad Kamil; Muhammad Shakir Aizat Bin Azam
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2450

Abstract

Determining the direction of the qibla is a crucial aspect of Muslim worship, including at the Bhakti Kerinci Heroes’ Cemetery, a site of historical and religious significance. This study aims to calibrate the direction of the qibla at this heroes’ cemetery using an astronomical perspective, specifically by integrating observational astronomical measurements and mathematical calculations. This study employs a qualitative method, collecting data through observation, which is then analyzed using descriptive techniques. The method for testing the accuracy of the qibla direction across 10 sample graves uses a compass and a right-angled protractor, along with trigonometric calculations. The accuracy test results showed variations in qibla direction ranging from -14° to +2°, with an average absolute deviation of 4.0° and a maximum deviation of 14° at Harudin’s grave. Of all the samples, only Nurdin’s grave remained within the maximum tolerance limit of 1°, while the other nine graves required correction because they exceeded the astronomically established tolerance limit. However, deviations exceeding the tolerance limit indicate the need to realign the qibla direction at the Bhakti Kerinci Heroes’ Cemetery to align with the actual qibla azimuth, which is 295° 18’14.81”. This research contributes to the preservation of Islamic cultural heritage in Indonesia and the development of modern astronomical methodologies for historical sites.

Page 1 of 1 | Total Record : 8

 1 

Filter by Year

2026 2026


Reset
Filter By Issues
All Issue Vol. 7 No. 1 (2026) Vol. 6 No. 2 (2025) Vol. 6 No. 1 (2025) Vol. 5 No. 2 (2024) Vol. 5 No. 1 (2024) Vol. 4 No. 2 (2023) Vol. 4 No. 1 (2023) Vol. 3 No. 2 (2022) Vol. 3 No. 1 (2022) Vol. 2 No. 2 (2021) Vol. 2 No. 1 (2021) Vol. 1 No. 2 (2020) Vol. 1 No. 1 (2020) More Issue