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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 179 Documents
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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.
Reconstructing the Jihad in Contemporary Islamic Law: An Analysis of the Sheikh Ahmad al-Tayyeb’s Thought Ainudzaky, Muhammad; Musdalifa, Musdalifa; Nisa, Khoirun; Fiqar, Mujahid Sam Dzul
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 6 (2025): December
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.v6i6.523

Abstract

Today's jihad discourse is polarized in meaning, between ethical-spiritual understanding and militaristic reductionism that is often associated with violent extremism. This study aims to examine how Sheikh Ahmad al-Tayyeb reconstructed the meaning of jihad normatively and contextually, and assess its implications for the development of contemporary fiqh. This research is a literature study with a normative-conceptual approach and analysis of maqāṣid al-sharī'ah. Primary data are obtained from al-Tayyeb's works, fatwas, and official statements as well as documents, while secondary data are derived from classical fiqh literature and contemporary studies of jihad. The analysis is carried out in a descriptive-analytical and critical manner to identify the conceptual construction of jihad and its relevance in the modern context. The results of the study show that al-Tayyeb interprets jihad as a comprehensive effort to uphold justice, maintain human dignity, and protect the public interest. The qitāl dimension is recognized in a defensive framework and is limited by state authority as well as universal humanitarian principles. In practice, jihad is realized through education, moderate da'wah, interreligious diplomacy, and global humanitarian solidarity. This reconstruction contributed to a more contextual, moderate, and harmonized fiqh jihad renewal without abandoning the normative foundations of the Islamic tradition.
The Implementation of School-Age Adolescent Guidance at the Nguling, Pasuruan, from the Perspective of Maqāṣid Al-Sharī'ah Ellyanti, Nabila; Musafa'ah, Suqiyah
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 6 (2025): December
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.v6i6.652

Abstract

The problem of marriage dispensation that still occurs in Nguling District, Pasuruan Regency. The marriage dispensation is submitted by the couple at an early age for various reasons. Therefore, KUA at Nguling District held a school-age Adolescent Guidance (BRUS). This study aims to analyze the implementation of the School-Age Adolescent Guidance (BRUS) as an effort to emphasize the number of marriage dispensations using the perspective of maqāṣid al-sharī'ah. The method used is qualitative research with a case study approach. The data was collected through in-depth interviews with the head and religious extension workers of the KUA of Nguling District. The data was also collected through documentation. The collected data was analyzed deductively with the theory of maqāṣid al-sharī'ah. The results of the study show that the implementation of the School-Age Adolescent Guidance (BRUS) in Nguling District has been running in accordance with the provisions of the Kepdirjen Number 1012 of 2022, with the mechanism being that the implementer is the KUA of Nguling District, carried out in one working day, followed by 30 participants with a face-to-face method, and materials delivered by facilitators who have been trained. From the perspective of maqāṣid al-sharī'ah, this program has fulfilled the aspects of preserving religion, soul, intellect, heredity, and also property.
Bodies, Religious Norms, and Public Policy: A Critical Reading of the Indonesian Ulema Council Vasectomy Fatwa Mufid, Moh.
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 6 (2025): December
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.v6i6.642

Abstract

While extensive normative studies have examined Sharia law regarding vasectomy, research employing a social science approach remains scarce. This article addresses this gap by examining vasectomy through an interdisciplinary perspective, analyzing it simultaneously as a medical practice, a legal product of the Indonesian Ulema Council (MUI), and a discourse intersecting with state policy. It investigates how the fatwa on vasectomy can be understood through the lenses of body discipline and public policy driven by common interests. Utilizing Michael Foucault's theory of body discipline and M. Asrorun Niam's framework on fatwa authority in public policy, this study reveals that the MUI's fatwa functions as a mechanism of body control designed to keep Indonesian Muslims biologically productive. Although the fatwa accommodates specific exceptions, the institutionalization of vasectomy within public policy faces institutional resistance from religious authorities. Furthermore, the MUI's stance within the BKKBN family planning framework operates as a bayān iṣlāḥī (reformative clarification)—supporting the program's substance while correcting its ethical alignment with Islamic law. Ultimately, this article argues that the synergy of common interests between religious and state authorities dictates the efficacy of the MUI's fatwa as a vital tool of social control and social engineering within Indonesian Muslim communities.
The Division of Roles between Husbands and Wives in Fishing Families in Gisik Cemandi from the Mubādalah Perspective Anwar, Achmad Reza Hamdani; Ilmi, Moh Hudal Hafid
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 6 (2025): December
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.v6i6.684

Abstract

This study discusses the division of the role of husband and wife in fishing families in Gisik Cemandi Village, Sidoarjo from the perspective of mubādalah. Fishing families have economic characteristics that depend on marine products and weather conditions so that family income is uncertain. This condition encourages a more flexible division of roles between husband and wife in meeting household needs. This study aims to analyze the form of division of roles between husband and wife of fisher families and examine the practice through the perspective of mubādalah. This study uses an empirical legal method with a descriptive qualitative approach. Primary data was obtained through observations, in-depth interviews, and documentation of five married couples from fishing families in Gisik Cemandi village, Sidoarjo. The data were analyzed using the Miles and Huberman model through the stages of data reduction, data presentation, and conclusion drawn, then studied using the concept of mubādalah. The results of the study show that the division of roles in fishermen's families takes place in a flexible and participatory manner. The husband continues to play the main role as a breadwinner through seagoing activities, while the wife helps meet the family's economic needs through shelling, processing seafood, and selling catches. In addition, some husbands also help with domestic work when they have free time. The mubādalah perspective shows that the relationship reflects the principles of reciprocity, cooperation, and partnership in the household. Flexible division of roles is an important strategy for strengthening economic resilience and harmony among fisher families amid uncertain economic conditions.
The Legality of Sea Fence Construction in Tangerang from the Perspectives of Positive Law and Maqāṣid al-Sharī‘ah Mubarok, M. Iqbal; Ahyani, M. Khoirrofiq; Saputra, Rafi Dyan; Nadhifah, Nurul Asiya
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 6 (2025): December
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.v6i6.686

Abstract

The construction of a 30.16-kilometer sea fence on the coast of Tangerang Regency has caused legal and social debate because it is suspected that it does not meet the requirements of licensing, spatial planning, and has an impact on the activities of the fishing community. This study aims to analyze the legality of the construction of the Tangerang sea fence based on Indonesia's positive law and the perspective of maqāṣid al-sharī’ah. This research is a normative legal research with legislative, conceptual, and case approaches. Data was obtained through literature studies of laws and regulations, Islamic legal literature, scientific journals, and documents related to coastal area management. The analysis was carried out in a descriptive-analytical manner to assess the suitability of the construction of the sea fence with the principles of legality, environmental protection, and community benefit. The results of the study show that the construction of sea fences in Tangerang has the potential to be contrary to positive law, particularly regarding coastal spatial planning, approval of the use of marine space, and the protection of the rights of fishing communities. From the perspective of maqāṣid al-sharī’ah, the development of coastal areas should be oriented towards the protection of the soul (ḥifẓ al-nafs), the protection of property (ḥifẓ al-māl), and public benefit through environmental maintenance. Development that causes ecological damage, restricts fishermen's access, and lacks community participation is contrary to the principle of lā ḍarar wa lā ḍirār and the principle of dar'u al-mafāsid muqaddam 'alā jalb al-maṣāliḥ.

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