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M. Ikhwan
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INDONESIA
MAQASIDI
Published by Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh
ISSN : 2798981X     EISSN : 27989801     DOI : https://doi.org/10.47498/maqasidi
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
MAQASIDI: Jurnal Syariah dan Hukum memuat tentang kajian syariah dan hukum dari hasil penelitian kepustakaan maupun lapangan yang dihasilakan oleh akademisi, praktisi, dan masyarakat umum.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 98 Documents
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The Obligation of Husband to Provide Financial Support in IslamicFamily Law Perspective toward a Financially Independent Wife Fauzi, Ahmad; Choeri, Imron; Hudi, Hudi
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.5838

Abstract

The increasing participation of wives in income-generating activities has become a significant feature of contemporary family life, reshaping economic relations within households and raising important normative questions regarding financial responsibility. Within the framework of Islamic family law, the obligation of financial maintenance (nafkah) remains a fundamental and binding duty of the husband toward his wife and children, as firmly established in the Qur’an, the Sunnah, and the Compilation of Islamic Law (KHI). However, modern socio-economic realities increasingly reflect shared economic roles between spouses, particularly in families where wives earn independent income. This study examines the legal construction of the husband’s obligation of nafkah and analyzes its relevance in the context of working wives with independent earnings. Employing a library-based research method, the study adopts a normative-theological and descriptive-analytical approach. The analysis draws upon classical Islamic jurisprudential sources, contemporary scholarly literature, and relevant legal regulations, which are examined through the principles of justice, reciprocity, and family responsibility in Islamic law. The findings indicate that the husband’s obligation to provide nafkah remains legally binding regardless of the wife’s economic status. The wife’s income is recognized as her exclusive personal right and does not invalidate the husband’s responsibility, although it may be voluntarily allocated to support household needs. Consequently, Islamic family law accommodates economic transformation while preserving its normative foundations, encouraging balanced and harmonious partnerships within modern Muslim families.
Normative Disharmony Regarding the Duration of Marital Conflict in Divorce Law and Its Impact on the Protection of Women Zahrul Fatahillah; Muhajir, Muhammad; Hasanah, Uswatun
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.5878

Abstract

This study aims to analyze the normative disharmony regarding the time limit of disputes and quarrels as grounds for divorce within the Indonesian legal system, specifically between Government Regulation Number 9 of 1975, the Compilation of Islamic Law (KHI), and Supreme Court Circular Letter (SEMA) Number 1 of 2022. The inconsistency among these three regulations gives rise to practical issues in judicial proceedings, particularly in ensuring effective legal protection for women. Both the Government Regulation and the KHI do not stipulate a minimum duration of conflict as a requirement for divorce, whereas the SEMA explicitly requires that the dispute must have lasted for at least six months. This provision potentially obstructs women’s access to justice, especially in cases involving unhealthy or violent domestic circumstances. Employing a normative legal research method through statutory and conceptual approaches, this study finds that the time limit regulation in the SEMA is not aligned with the provisions set forth in the Government Regulation and the KHI. The norms within the SEMA are deemed insufficiently responsive to the legal needs of women, thereby necessitating regulatory harmonization to establish a just, adaptive legal system that guarantees equal protection in divorce cases. SEMA Number 1 of 2022 sets a six-month dispute requirement for divorce. This norm restricts judicial discretion and impedes legal protection for women, particularly victims of domestic violence. From a juridical perspective, the SEMA also exceeds its authority by regulating substantive matters without formal legislative processes. Consequently, substantive justice and human rights are at risk of being neglected. An urgent evaluation of this provision is necessary to ensure fair and responsive protection.
Notary’s Liability in Drafting Successive Powers of Attorney: Case Study of Supreme Court Decision No.130/Pdt.G/2023/PN.Skt Khusna, Maulidiana Khoiru; Firdaus, Sunny Ummul; Santoso , Bambang
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.5955

Abstract

The notary occupies a vital role within Indonesia’s civil law system, holding public authority to produce authentic deeds that carry legally binding effects. This responsibility is essential for ensuring legal certainty and fairness in civil transactions. Nonetheless, the practice of issuing successive powers of attorney where the delegated authority is transferred to a third party without the principal’s explicit approval presents significant legal and ethical challenges. This study employs a normative juridical method to examine the scope of notary liability , drawing on statutory provisions, doctrinal analysis, and relevant court decisions. The results indicate that such successive delegation is incompatible with Article 1814 of the Indonesian Civil Code, which enshrines the personal and nontransferable nature of mandates. Moreover, a notary who fails to confirm the legitimacy and consent of the involved parties may face civil, administrative, and ethical sanctions. Applying the prudential principle is therefore imperative to uphold professional integrity and maintain public confidence. Enhancing verification procedures and promoting continuous ethical awareness among notaries are crucial strategies for safeguarding the credibility of authentic deeds and reinforcing legal certainty in Indonesia’s dynamic legal environment.
An Analysis of Employment Relations in the Saree Chips Home Industry: Based on the Concept of Ijarah 'Ala Al-‘Amal Delfira, Safna; Yusuf, Muhammad; Sholihin, Riadhus
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.5979

Abstract

This study examines the practice of employment relations in the Saree chip home industry, Aceh Besar, which shows a mismatch with the principles of ijarah ala al-‘amal contracts in Islamic economic law. The main issue identified is the unilateral termination of employment without any deliberation mechanism or opportunity for workers to defend themselves. Such termination occurs while the employment contract is still valid, resulting in injustice and contradicting the principle of worker protection in Islam. Another problem that arises is the absence of employer responsibility in the event of workplace accidents. Risky working conditions, combined with the use of equipment and machinery, increase the likelihood of accidents. However, workers receive no guarantees or responsibility from employers for incidents they experience. This phenomenon highlights the gap between the theory of ijarah ala al-‘amal contracts, which emphasize justice, the balance of rights and obligations, and worker protection, and the reality of practices in the field. This study uses a qualitative descriptive-analytical approach with observation and interview methods. The findings show that employment relations in practice remain informal, without clear written agreements, thereby creating opportunities for injustice. Normatively, ijarah ala al-‘amal contracts require contractual clarity, protection of workers’ rights, and employer responsibility for occupational risks. Therefore, there is a need to reconstruct the employment system in the Saree chip home industry to align more closely with sharia principles, particularly in terms of legal certainty, justice, and worker safety protection.
An Analysis of the Distribution of Carla Cosmetic Products in Accordance with Law No. 33 of 2014 on Halal Product Assurance Sy, Syifa Qarira; Hanapi, Agustin; Wahyuni, Yenny Sri
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.5980

Abstract

The growth of the cosmetics industry in Indonesia has led to an increasing demand for innovative and safe products, particularly among Muslim consumers. According to Law No. 33 of 2014 on Halal Product Assurance (UU JPH), all products that are imported, distributed, and traded in Indonesia are required to obtain halal certification. However, this study identifies that several cosmetic products are still available on the market without such certification, including brands such as Carla. This research employs a qualitative empirical–juridical method through interviews and observations involving business actors, shop owners, and consumers. The findings reveal that Carla products are distributed through a consignment system in offline stores and marketed via e-commerce platforms such as Shopee and TikTok Shop. The absence of halal certification is primarily attributed to financial constraints, limited knowledge among business actors regarding certification procedures, and insufficient socialization by the government and relevant institutions. In addition, public awareness regarding the halal status of cosmetic products remains low, while shop owners tend to prioritize product availability and price over halal legality. From a legal perspective, this condition contradicts Article 4 of the Halal Product Assurance Law, which mandates halal certification for all traded products, and reflects weak supervision by the Halal Product Assurance Agency (BPJPH). These findings indicate that the effective implementation of the UU JPH cannot rely solely on regulation but must be accompanied by consumer education, facilitation for business actors, and stronger government oversight.
Analysis of Islamic Law and Positive Law in Preventing Unregistered (Siri) Marriages at the Giri Menang Religious Court of West Lombok Muliadi, Ahmad
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.6289

Abstract

Unregistered or siri marriages remain a widespread phenomenon across various regions in Indonesia, including West Lombok Regency. This practice is generally driven by cultural and economic factors, as well as the lack of legal awareness among the community. Although such marriages may be considered valid under Islamic law, they lack legal force under positive law due to the absence of official registration. This creates numerous legal issues, particularly concerning the rights of wives and children, and the legal protection of the involved parties. This study aims to analyze how siri marriages occur in West Lombok Regency and to examine the roles of Islamic law and positive law in preventing them, with a specific focus on the role of the Giri Menang Religious Court. The research employs a qualitative method with a descriptive approach, utilizing observation, interviews, and documentation as data collection techniques. The research subjects include judges, court officials, and community members who have experienced or are knowledgeable about siri marriages. The findings reveal that siri marriages are often carried out due to economic reasons and procedural simplicity, alongside the prevailing perception that religious solemnization alone is sufficient without the need for civil registration. The Giri Menang Religious Court plays a crucial role in providing legal education to the public and in handling isbat nikah (marriage validation) cases as a means of legalizing siri marriages. However, challenges persist, particularly in shifting societal paradigms and strengthening the integration between religious norms and state law. Therefore, an integrative approach between Islamic law and positive law is essential in preventing siri marriages, along with reinforcing the institutional roles of religious courts and marriage registration agencies to ensure legal certainty and justice for all citizens.  
Procedural Justice and the Burden of Marital Dissolution in Contested Divorce Cases: Insights from Islamic Legal Philosophy Gunawan, Gunawan; Budiwati, Anisah
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.6290

Abstract

This research seeks to find a legal breakthrough in providing ease for ex-wives to obtain their rights due to divorce initiated by the husband in cases where the wife is the initiator. Understanding normatively the provisions that regulate the imposition of rights due to divorce on the ex-husband always poses difficulties for the ex-wife - not to say it is an impossible endeavor. However, from the perspective of Islamic legal philosophy, these regulations can lead to legal breakthroughs that provide ease for the ex-wife to obtain her rights. This research aims to explore legal breakthroughs that can be applied in judicial decisions to facilitate the former wife's access to her rights. With a normative and philosophical analysis approach, this research successfully discovered a legal breakthrough in the form of procedural justice that can be applied by judges in their rulings. The breakthrough consists of an addition to the dictum of the verdict that explicitly grants legitimacy to the authorized official who issues the divorce certificate, in this case, the court clerk, to withhold the ex-husband's divorce certificate until the ex-husband, who has been sentenced to fulfill the rights resulting from the divorce for the ex-wife, has actually fulfilled his obligations.
Investment in Non-Fungible Token (NFT) Digital Assets from Hadith Perspective: An Analysis of Gharar and Maisir Elements Muhammad, Alfan Jawahir; Arif, Zainal; Nurafni, Fina
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/10.47498/maqasidi.v5i2.6335

Abstract

 The advancement of blockchain technology has introduced new digital economic instruments, notably Non-Fungible Tokens (NFTs), which function not only as representations of digital asset ownership but also as investment vehicles with highly volatile values. This development has sparked debates within Islamic law, particularly regarding the presence of gharar (excessive uncertainty) and maisir (speculative gambling) in NFT investment practices. This study examines the legal status of NFT investment from the perspective of ḥadīth-based muʿāmalah and analyzes the extent to which gharar and maisir are inherent in its transactional mechanisms. Employing a qualitative library research approach, this study uses descriptive-analytical methods to examine Prophetic ḥadīths prohibiting gharar and maisir, and contextualizes them within the technical characteristics and transaction structures of NFTs. Data sources include classical ḥadīth collections, ḥadīth commentaries, fiqh al-muʿāmalah literature, and relevant contemporary scholarly works. The findings indicate that NFTs, as digital assets, possess definable objects, ownership clarity, and verifiable delivery through blockchain technology, and therefore do not inherently constitute gharar. However, the use of cryptocurrency, extreme price volatility, and short-term speculative behavior may introduce elements of gharar and maisir if not accompanied by clear valuation, utility, and investment objectives. Consequently, the permissibility of NFT investment cannot be generalized but must be assessed contextually to uphold justice and the protection of wealth (ḥifẓ al-māl).

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