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M. Ikhwan
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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 114 Documents
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Digital Supervision of Children as a Form of Modern Hadhanah in Islamic Law Akhyar Akhyar
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6516

Abstract

The development of digital technology has changed the parenting patterns in Muslim families. Children not only interact in the physical environment, but also in the digital space that presents various opportunities and risks, such as exposure to negative content, cyberbullying, digital exploitation, and gadget addiction. This condition requires a reinterpretation  of the concept of hadhanah in Islamic law to remain relevant to the challenges of the digital era. This study aims to analyze digital supervision of children as a form of modern hadhanah in Islamic law and examine its relevance in the perspective  of maqāṣid al-syarī'ah.  This research uses a normative legal research method with a qualitative approach through library research. Data were obtained from the Qur'an, hadith, jurisprudence, books, scientific journals, and literature related to Islamic family law, child protection, and digital parenting. Data analysis was carried out in a descriptive-analytical manner using a conceptual approach and the perspective  of maqāṣid al-syarī'ah. Research shows that digital supervision is a form of developing hadhanah functions  that include regulating the use of gadgets, assisting online activities, digital literacy education, and protecting children from various risks in cyberspace. Digital surveillance is also in line with the purpose  of maqāṣid al-syarī'ah in safeguarding religion, soul, intellect, descendants, and children's property. Digital surveillance has a strong legitimacy in Islamic law as an instrument of child protection and can be constructed as a form  of modern hadhanah that is adaptive to technological developments and contemporary parenting needs.
The Authority of the Banda Aceh City National Narcotics Agency in Combating Narcotics Crimes Among Students from the Perspective of Maqāṣid Al-Sharī‘ah Alfiyani Alfiyani; Safira Mustaqilla; Yuhasnibar Yuhasnibar; Novi Heryanti; Misran Misran
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6372

Abstract

This study examines the authority of the National Narcotics Agency of Banda Aceh City in combating narcotics crimes among students from the perspective of maqasid sharia. Narcotics abuse among students is a serious problem that continues to increase, especially among students aged 17–18 years, and has a negative impact on physical health, psychological conditions, and social life. The research method used is juridical-empirical by combining normative studies of laws and regulations and field data obtained through interviews at the National Narcotics Agency of Banda Aceh City. The results show that BNN has strategic authority in preventing and eradicating narcotics through promotive, preventive, curative, rehabilitative, and repressive efforts. From the perspective of maqasid sharia, narcotics abuse is contrary to the goals of protecting the mind (hifzh al-‘aql), protecting the soul (hifzh al-nafs), and protecting offspring (hifzh al-nasl). The rehabilitation approach implemented by the National Narcotics Agency (BNN) for students who abuse drugs demonstrates an effort to safeguard the welfare and future of the younger generation. Therefore, the Banda Aceh BNN's efforts to combat drug crimes among students are not only in accordance with positive law but also align with the primary objectives of Islamic law from the perspective of the maqasid sharia.
Producing Pornographic Content from the Perspective of Islamic Criminal Law: A Study of the Decision of the Banda Aceh District Court Number 6/Pid.B/2026/PN.Bna Fara Shuhada; Edi Yuhermansyah; T. Surya Reza
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6433

Abstract

This study aims to analyze the considerations of the panel of judges in Decision Number 6/Pid.B/2026/PN.Bna and examine the perspective of Islamic criminal law on the act of producing pornographic content. This study uses a normative juridical research method with a statutory approach and a case approach. The data used are in the form of primary, secondary, and tertiary legal materials which are analyzed qualitatively. The results of the study indicate that the regulation of the crime of pornography in Indonesian positive law is regulated in Law Number 44 of 2008 concerning Pornography and Law Number 1 of 2023 concerning the Criminal Code. In Decision Number 6/Pid.B/2026/PN.Bna, the panel of judges imposed a sentence based on Article 407 paragraph (1) of the Criminal Code in conjunction with Law Number 1 of 2026 with the consideration that the defendant's actions have fulfilled the elements of violating morality and were carried out intentionally. However, normatively the provisions in the Pornography Law should be used as Lex specialis. From an Islamic criminal law perspective, this act is prohibited because it violates the principles of maintaining honor and privacy as stipulated in the Qur'an, Surah Al-Isra', verse 32, Surah Al-Hujurat, verse 12, and the Hadith of Arba'in Nawawi, number 35. It falls under the category of ta'zir crimes. Therefore, both legal systems view this act as a violation of morality worthy of punishment.
The Role of BPOM Regulations in the Supervision of HN Beauty Skincare Products: A Maqāṣid Sharīʻah Perspective Susanti Wulandari Putri; Ismail Yahya
MAQASIDI: Jurnal Syariah dan Hukum Vol. 6, No. 1 (Juni 2026)
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.v6i1.6543

Abstract

The widespread circulation of illegal cosmetic products in Indonesia, including HN (Hetty Nugrahati) Beauty Skincare which lacks official registration, poses serious threats to consumer safety and creates structural imbalance between business actors and the public. The regulatory framework encompassing Law No. 8 of 1999, Law No. 17 of 2023, Presidential Regulation No. 80 of 2017, and BPOM Regulation No. 23 of 2019 collectively establishes a comprehensive normative ecosystem for consumer protection in the cosmetics sector. This study employs a normative legal research method utilizing statute and conceptual approaches, drawing upon primary, secondary, and tertiary legal materials gathered through library research and analyzed through descriptive-prescriptive qualitative techniques. Findings reveal that BPOM’s pre-market and post-market supervisory mechanisms still face significant implementation gaps, evidenced by the discovery of 235 illegal cosmetic items valued at over IDR 8.91 billion in late 2024. The maqāṣhidh syarī’ah perspective reinforces the legitimacy of such supervision through two principal tenets, namely ḥifẓ al-nafs (preservation of life) and ḥifẓ al-māl (preservation of wealth), affirming that consumer protection constitutes not merely a juridical obligation but also a moral imperative within Islamic jurisprudence. It is concluded that Indonesia’s normative foundation for cosmetic consumer protection is already robust from both legal systems, yet demands substantial reinforcement at the implementation level.

Page 12 of 12 | Total Record : 114

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