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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 85 Documents
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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.

Page 9 of 9 | Total Record : 85

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