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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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Children Born Out of Adultery and Guardianship: The Bahtsul Masail Perspective on Old Marriage Cases Shadri, Zukhrufil; Azwar, Zainal
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
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.v4i2.3691

Abstract

Marriage is a sacred institution in Islam whose validity is determined by fulfilling the conditions and pillars that the Sharia has set. One of the main pillars is the presence of a marriage guardian. In Islamic law, children resulting from adultery do not have a nasab relationship with their biological father, so the father does not have guardianship rights. However, cases of marriages where the biological father is the guardian often pose a legal dilemma, especially if the marriage has been going on for a long time. This study aims to analyze the legal status of biological paternity guardianship in the context of children resulting from adultery based on a cross-sect approach, focusing on the view of the Maliki School that provides flexible space for certain situations. This research uses a normative approach with a content analysis method on fiqh literature, Bahtsul Masail fatwa, and other sources of Islamic law. The results of the study show that according to the Shafi'i School, the guardianship of the biological father is not valid, so the marriage must be repeated with a legal guardian, namely the guardian of the judge. On the other hand, the Maliki school allows the guardianship of the biological father if it is openly recognized, with consideration for maintaining family benefits and social stability. This approach is relevant in certain situations and is supported by the principles of Maqashid Sharia, which include safeguarding religion (hifz al-din), heredity (hifz al-nasl), and avoiding social and economic damage (mafsadah). This study concludes that the adaptive application of ijtihad is needed to provide legal solutions that are relevant to the conditions of contemporary society, without ignoring the principles of Islamic law.
The Involvement of State Officials in the 2024 Election Campaign Reviewed from the Siyasah Dusturiyah Perspective Marina, Marina; Suganda, Delfi; Reza, T. Surya
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
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.v4i2.3694

Abstract

Elections are a democratic activity where every citizen has the right to directly elect leaders, people's representatives, and government officials for future leadership in a country. Apart from that, elections also become a stage for political contestation and become a democratic party in a democratic country. However, during the election, there were still many violations of the rules committed by several people. One of the rules that is often violated in organizing elections is during the campaign. This violation took the form of involvement of state officials in carrying out the campaign. In the 2024 Election, precisely during the campaign process, there are state officials who take part in the campaign, the state official who participates in the campaign is the Minister of Trade of the Republic of Indonesia. Basically, state officials are allowed to campaign but must fulfill several provisions, one of which is taking leave outside the state's responsibility and not being able to use state facilities other than accompanying the state official. However, the Minister of Trade of the Republic of Indonesia carried out a campaign outside the leave period that he had proposed. So his involvement in the campaign violated election administration. However, it is a shame that he did not receive strict sanctions from Bawaslu, as stipulated in the law, but the Minister of Trade of the Republic of Indonesia only received a strong warning from Bawaslu. This has also been prohibited in Siyasah dusturiyah, this is the same as not carrying out the mandate and abusing the authority that has been given.
Controversy of Stunning in Animal Slaughter: An Analysis of Fiqh and Fatwa in Contemporary Indonesia Rawanita, Mesi; Mariati, Mariati
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 1 (Juni 2024)
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.v4i1.3703

Abstract

The practice of stunning animals before slaughter has sparked significant debate within Islamic jurisprudence, particularly regarding its compatibility with halal requirements. This article examines the controversy surrounding stunning animal slaughter from the perspective of fiqh (Islamic legal thought) and contemporary fatwa issued by Indonesian ulama (Islamic scholars). Drawing upon primary sources, including fatwas and scholarly discourse, this research highlights the diverse opinions among Islamic scholars on the permissibility and ethicality of stunning. It explores key issues such as the interpretation of Quranic verses and hadiths related to animal welfare, the definition of a valid slaughter in Islamic law, and the socio-economic impacts of stunning on Indonesia’s meat industry. By analyzing the legal and ethical dimensions of stunning, the article contributes to the broader discussion of halal standards in the modern context and provides insights into how the Indonesian ulama navigates the balance between tradition and contemporary practices. The findings underscore the ongoing need for clarity and consensus on the issue, as divergent rulings affect both religious observance and the livestock market.
Gender Equality in Article 1 of the Universal Declaration of Human Rights: An Islamic Law Perspective Jalaludin, Diding; Arifin, Tajul; Fauzia, Ine
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
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.v4i2.3870

Abstract

This study aims to determine the relevance of Article 1 of The Universal Declaration of Human Rights which guarantees freedom, dignity and equal rights between human individuals from the perspective of Islamic Law which came with the vision of rahmatan lil 'alamin through the Prophet Muhammad Shallahu 'Alaihi Wasallam. The method used in this research uses a descriptive analysis method with a normative juridical approach and uses qualitative data types in the form of secondary data consisting of primary, secondary, and tertiary legal materials with data collection techniques through literature studies and content analysis techniques. This research concludes that there is a significant relevance where Islamic Law greatly strengthens and provides hujjah to the clause of gender equality position between individuals that has been formulated in Article 1 of The Universal Declaration of Human Rights. So the existence of several differences in concepts between men and women in the perspective of Islamic Law is not a discrimination against certain genders, the existence of these differences has placed each gender in a noble position based on its characteristics as conceptualized by Islamic law.
The Maqashid Sharia Perspective on Women's Involvement in Supporting Family Livelihoods in Jantho City Sabil, Jabbar; Fazira, Nisa
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
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.v4i2.4116

Abstract

Employing women outside the home to meet the needs of the family can provide benefits, but it can also cause mafsadat to the family and the woman herself, both in the context of maintaining religion (hifz al-din) and maintaining the soul (hifz al-nafs). The benefits are private so they tend to be subjective, while the mafsadat that is possible to arise is public so that it can be objectified intersubjectively. This requires the ability to weigh the potential of mafsadat based on the conditions and situations experienced. This is the reason why research with problem formulation is important; The criteria for maslahat-mafsadat in women's involvement in fulfilling family support. The researcher combines descriptive social research methods with prescriptive legal research methods through a method called al-ijtihad al-maqashidi. It was found that there were various benefits including those at the primary level, and there were efforts from respondents to minimize the effects of mafsadat. It was also found that the social system at Jantho Market is still within the boundaries of manners and there is no quiet place that has the potential for khalwat to occur. In addition, female traders do not do activities at night to avoid a time when crime is vulnerable. This research concluded that the activities of women traders in Jantho Market have been in line with the rules of maqashidiyyah. However, mutual awareness and cooperation are needed to anticipate the potential of mafsadat.
Konsep Moderasi Beragama Perspektif Tokoh Dayah di Aceh MZ, Husamuddin; Efendi, Sumardi; Zuliansyah, Zuliansyah
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 1 (Juni 2024)
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.v4i1.4202

Abstract

Moderasi beragama hingga hari ini menjadi topik yang masih hangat untuk dikaji dan diteliti baik secara nasional maupun daerah. Penelitian ini berusaha untuk menjelaskan bagaimana konsep moderasi beragama dalam perspektif tokoh dayah, yang kemudian dititik fokuskan untuk mengetahui pemberian makna dari tawassuth, tawāzun dan tasāmuḥ oleh tokoh dayah di Aceh. Jenis penelitian ini adalah penelitian lapangan (field research) dengan pendekatan kualitatif, dan metode yang digunakan dalam pengumpulan data adalah dengan mempergunakan beberapa teknik, meliputi: wawancara mendalam (indepth interview), observasi tidak berstruktur yaitu observasi yang dilakukan tanpa pedoman observasi. Hasil penelitian menunjukkan bahwa, pertama; moderasi beragama perspektif ulama dayah menyatakan bahwa moderasi merupakan bagian dari ajaran Islam yang dibawa oleh Rasulullah saw, keadilan menjadi isu penting yang perlu dijaga dalam kehidupan sosial. Kedua; tawassuth memahami ajaran agama secara kaffah tidak parsial, tawazun adalah memahami dan mempraktikkan agama dengan ilmu agar kehidupan seimbang, dan tasamuh menjalankan ajaran agama masing-masing tanpa menghina agama lain.
Juridical Review of KPU Regulation Number 10 of 2023 on Women's Representation in Parliament Sari, Indah Permata; Melayu, Hasnul Arifin; Usman, Bustamam
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
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.v4i2.4223

Abstract

Women's representation in Indonesian politics is part of the journey of democracy and the protection of minority interests. The KPU, as the institution responsible for organizing elections, some time ago the KPU issued a new regulation on women's representation contained in PKPU No. 10 of 2023 concerning Women's Representation, which regulates the mechanism for rounding fractional numbers so that it can reduce women's representation if the calculation results are less than 50%. This is contrary to the Election Law, which requires at least 30% female representation. This KPU regulation creates uncertainty and the potential for a reduction in the number of women, which can be detrimental to women's rights. This study analyzes the position of PKPU No. 10 of 2023 concerning Law No. 7 of 2017 and the perspective of siyasah dusturiyah; Regulations made by the authorized institutions emphasize that lower regulations must be subject to higher regulations and must prioritize the interests of the people. This article is based on articles and regulations governing women's representation. This research is qualitative research with a normative juridical approach, to facilitate data search as literature research through laws, journals, legal dictionaries, and others. As a result of this study, it can be concluded that PKPU No. 10 of 2023 is contrary to Law No. 7 of 2017 and should be revoked to ensure that women's rights are fulfilled under the principles of justice and equality in politics.
Consumer Legal Protection Against Developer Defaults in Binding Agreements for the Sale and Purchase of Flats Rabiatun Ramadani, Faizzah; Suraji, Suraji; Kharisma, Dona Budi
MAQASIDI: Jurnal Syariah dan Hukum Vol. 4, No. 2 (Desember 2024)
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.v4i2.4231

Abstract

This study discusses consumer legal protection against developer defaults in the binding agreement for the sale and purchase of flats (PPJB). The increase in housing development, especially through the pre-project selling system, often harms consumers due to uncertainty and default from developers. The research method used is a literature study, with a legal approach and a case approach. Analysis was carried out on Decision Number 91/PDT/2018/PT. Jakarta to assess the legal protection provided to consumers. The results of the study show that regulations, including Law Number 11 of 2011 concerning Flats, provide a strong legal basis for consumers to demand their rights. Consistent law enforcement in default cases creates a precedent that strengthens the position of consumers, increases public trust in the legal system, and creates a conducive environment for flats buying and selling transactions.
Opportunities in the Imposition of Legal Accountability Against Individuals Destroying the Environment Across Borders: Challenges and Barriers Thohari, Ahmad Ahsin; Fauzan, Muhammad; Zaifa, Gilang Abi
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 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.v5i1.3551

Abstract

Within the horizon of international law, individuals can only be held accountable if they commit violations of international criminal law as set out in the Rome Statutes. However, environmental destruction does not fall within the jurisdiction of the International Criminal Court to prosecute. On the other hand, environmental destruction is often attributed to the state as a subject of law, even though individuals who are the main perpetrators of environmental destruction cannot be held accountable internationally. This shows weaknesses in the international legal system in arresting and punishing individuals responsible for environmental damage across borders. The research method used is normative research with a legislative approach, in this study using several international provisions. The result of this study is that recognition of environmental destruction is very important, especially when the state is held accountable by other aggrieved countries. This accountability request can be brought to International Court of Justice with certain limitations. Through Article 5 of the Rome Statute, this recognition allows international courts to prosecute perpetrators of environmental destruction, so that law enforcement of environmental destruction can be carried out to the maximum. It is hoped that there will be an active role in Indonesia and the international community in responding to environmental destruction and making it as a 'Crime' special. Thus, international environmental law enforcement becomes more optimal and provides justice for all affected parties, both directly and indirectly.
Legal Analysis on Defamation from the Perspective of Islamic Law and Article 12 of the Universal Declaration of Human Rights Sidiq, Gifar; Arifin, Tajul; Fauziah, Ine
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 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.v5i1.4032

Abstract

This research is based on the fact that defamation is an important issue that affects the honor of individuals in various legal systems. This issue has far-reaching implications, both personally and socially, requiring a comprehensive approach to protecting individual rights. This research aims to analyze defamation from two legal perspectives, namely Islamic Law and Article 12 of the Universal Declaration of Human Rights (UDHR). This study uses a normative juridical approach with a descriptive analysis method. Data were collected through a literature review of relevant primary and secondary sources. Furthermore, the data was analyzed using qualitative data analysis techniques to explore the essence of legal protection in both perspectives. The results of the study show that both Islamic Law and Article 12 of the UDHR emphasize the importance of protecting the honor of individuals. However, Islamic law highlights more social and spiritual dimensions, such as the concept of maintaining honor as part of religious obligations. Meanwhile, the UDHR focuses on the protection of individual legal rights in the context of human rights. These findings indicate the need to integrate both approaches in the Indonesian legal system to provide more comprehensive and balanced protection against defamation cases. The implication of this research is to encourage legal policies that not only protect the rights of individuals but also pay attention to the typical moral and social aspects of Indonesian society.

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