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Nur Lailatul Musyafa'ah
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Ma'mal: Jurnal Laboratorium Syariah dan Hukum
Published by Universitas Islam Negeri Sunan Ampel
ISSN : 27751333     EISSN : 27746127     DOI : 10.15642/mal
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Mamal Jurnal Laboratorium Syariah dan Hukum covers various issues on interdisciplinary Syariah and Law from Islamic history, thought, law, politics, economics, education, to social and cultural practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 6 No. 5 (2025): October" : 5 Documents clear
Fishermen’s Methods of Determining the Qibla Direction at Sea in the View of the Four Madhhabs Ilmiyah, Ma’rifatul; Jannah, Elly Uzlifatul; Zhillah, Aufa Alfa
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.472

Abstract

Facing the Qibla to the Ka’bah in Makkah is one of the requirements for the validity of prayer for Muslims, including fishermen who are at sea. However, determining the direction of the qibla at sea can be challenging due to limited tools and the absence of a fixed reference point, such as a mihrab. This study aims to explore how fishermen in Paciran, Lamongan, determine the direction of the qibla while at sea, and to analyze this from the perspective of four schools of fiqh. This research is fieldwork conducted in Paciran, Lamongan. The primary data source is fishermen, while the secondary data sources are books, articles, research, and other writings related to the qibla. Data collection was carried out through interviews, observations, and documentation. The collected data is analyzed inductively. This research revealed that fishermen in Paciran use various methods to determine the direction of the qibla, including observing natural signs (sun, moon, and stars), using modern tools such as compasses, and following the guidance of the ship captain. From the perspective of the four schools of fiqh, the prayers performed by fishermen at sea are considered valid because they have made a sincere effort to face the qibla based on the principles of Islamic law, strong beliefs, and reasonable assumptions (dzan) regarding the direction they are facing. The study recommends that fishermen equip their boats with compasses to facilitate more accurate Qibla determination.
Transformation of Customary Law Community Structure in Internal and External Dynamics from the Perspective of Islamic Law Azzahra, Tsania Putri; Ridwansyah, Moh. Haikal; Santoso, Zaidan Ramadhan; Ilmania, Nurika Falah; Ali, Salih Awadh
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.450

Abstract

The structure of customary law societies is a fundamental element in the traditional social system that governs the lives of local communities in Indonesia. This research aims to analyze how the structure undergoes transformation due to internal dynamics as well as external pressures derived from the penetration of state laws, development programs, globalization, and economic investment. This research is normative research using a literature study and document analysis approach. The data collected on indigenous peoples in Indonesia are analyzed deductively with Islamic legal theory. This study found that the structure of indigenous peoples is not static but adaptive, undergoing complex changes. External intervention often weakens indigenous authorities, causes agrarian conflicts, and triggers disharmony between traditional values and the demands of modernity. However, indigenous peoples also show resilience through institutional revitalization, strengthening cultural identity, and efforts to gain legal recognition. From the perspective of Islamic law, customs that do not contradict the sharia are legitimate under the principles of 'urf and the rules of al-'ādah muḥakkamah. The analysis of maqāṣid al-syarī'ah shows that the protection of property, the soul, the intellect, and descendants must serve as the basis for assessing changes in the customary structure. Therefore, harmonization between customary law, Islamic law, and national law is essential to realize an inclusive and equitable legal system.
Assessing the Potential of Najm al-Din al-Tufi’s Maṣlaḥah for Islamic Legal Reform Riza, Achmad Kemal; Bilhaq, Ahmad Razan
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.488

Abstract

This paper discusses the thoughts of Najm al-Din al-Tufi (1277–1316 AD), a Hanbali scholar who was known to be radical in carrying out the concept of maṣlaḥah. This research is a normative and textual approach. Data collection is carried out through literature review, and it was analyzed descriptively.  This article finds that al-Tufi places maṣlaḥah as the main postulate in the determination of the law, even in certain cases it can surpass nas and ijma'. This thought departs from his commentary on the hadis lā ḍarar wa lā ḍirār, which, according to him, affirms the principle of the elimination of harm and the maintenance of benefits. He defines maṣlaḥah broadly, dividing it into two domains: worship and muqaddarāt, which are subject to nas, and mu'āmalāt, which is entirely subject to human welfare. Within this framework, al-Tufi developed the methods of tarjīḥ and bayān to resolve the contradiction in the postulate by prioritizing maṣlaḥah. His thoughts sparked controversy; some scholars accuse him of ignoring the authority of the text, while modern thinkers see it as a progressive bid to renew Islamic law. Although limited only to the realm of mu'āmalāt, the idea of al-Tufi is still relevant in responding to contemporary legal problems that are not explicitly accommodated in nas or ijma'.
Digital Currency Between Emerging Crimes and Countermeasure Strategies Isniba, Abdullah Al-Sharif Ahmed
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.511

Abstract

The development of digital currencies (cryptocurrencies) based on blockchain technology has brought significant changes in the global financial system while giving rise to new forms of transnational crime. On the one hand, digital currencies offer efficiency and innovation in financial transactions, but on the other hand, they pose legal risks in the form of money laundering, terrorism financing, and cybercrime. This research aims to analyze the position of digital currencies as a medium of modern crime and examine its countermeasures from the perspective of positive law and Islamic law. The research method used is descriptive-analytical with a normative approach through the study of laws and regulations, religious fatwas, international documents, and contemporary legal literature. The results show that the characteristics of digital currencies that are decentralized, anonymous, and cross-border make them vulnerable to abuse for illegal activities. From the perspective of Islamic law, digital currencies are still the object of debate, especially related to the elements of gharar, maysir, and the potential of mafsadah, so the assessment is highly dependent on its function, mechanism of use, and legal impact on the public good.
Negotiation Between Parents and Children in Choosing a Marriage Partner: An Islamic Legal Perspective on Kafa'ah and Maslahah Mursalah Sabri, Fahruddin Ali
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.657

Abstract

The choice of a life partner in Muslim society involves not only individual preferences but is also influenced by family roles and considerations. This study aims to analyze the negotiation process between parents and children in determining a life partner in Babadan District, Ponorogo, and to review it from the perspectives of kafa'ah and maslahah mursalah. This study uses ethnographic methods to obtain an overview of women's experience and knowledge in choosing a life partner. Data were obtained through interview techniques and documentation of eight informants, consisting of parents, youth, and community leaders, who were selected purposively. Data analysis was conducted using a descriptive-analytical approach within an interactive analysis model. The results of the study show that the process of choosing a partner involves negotiations between parents and children, influenced by religious values, economic conditions, family background, and social traditions that develop within society. Parents tend to consider reciprocity (kafa'ah), especially in terms of religiosity, economic responsibility, and the prospective spouse's social background. Meanwhile, children's involvement indicates a shift toward more dialogical decision-making in the family. From the perspective of maslahah mursalah, the negotiation process reflects efforts to realize the family's benefits and maintain harmony and stability in domestic life.

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