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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
 6   7   8   9   10 
The Determination of Ṭalāq Timing: A Comparative Study Between the Compilation of Islamic Law and the Shafi’i School Scholars Alfi, Alfi; Choeri, Imron; Rosyad, Amrina
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.v5i1.4680

Abstract

This study examines the differences in the determination of the timing of ṭalāq between the Compilation of Islamic Law (KHI)—as a codified representation of Islamic law in Indonesia and the views of classical scholars, particularly those of the Shafi’i school. The focus of the study lies in how each legal system defines the moment when ṭalāq is considered valid and legally effective, as well as its legal implications on the rights of husbands and wives and the integrity of the family institution. This research adopts a juridical-normative approach and applies a descriptive-analytical method, drawing from literature reviews of classical fiqh texts, statutory regulations, and relevant scholarly journals. The findings indicate that, according to the Shafi’i school, ṭalāq is considered to take effect immediately upon the husband’s pronouncement of a valid ṭalāq, whether expressed explicitly (ṣarīḥ), which requires no accompanying intention, or implicitly (kināyah), which must be accompanied by intent. In this context, the legal effect of ṭalāq does not depend on court proceedings or administrative registration; rather, it hinges on the husband’s verbal expression and intention as the substantive conditions for validity. Conversely, under the KHI, ṭalāq is only deemed valid if it is formally declared by the husband before a panel of judges during a Religious Court session. Any ṭalāq pronounced outside this official mechanism, such as privately or informally, has no legal standing, even if stated verbally by the husband. This divergence reflects a shift in legal paradigms: from a substantive-textual approach in classical jurisprudence to a formal-procedural approach in contemporary, institutionalized Islamic law. The KHI emphasizes women’s protection and legal certainty within the household, while the Shafi’i school focuses more on the authority of the husband and the spiritual-legal meaning of ṭalāq. Therefore, this study highlights the importance of harmonizing classical fiqh values with the demands of modern legal frameworks, ensuring that Islamic law remains contextual, just, and responsive to the evolving dynamics of contemporary society.
The Concept of al-Ghāyah and Its Impact on the Jurisprudential Thought of the Companion Jābir ibn ‘Abd Allāh: An Applied Uṣūlī Study Abdullah, Manal Obaid Hamad
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.v5i1.4687

Abstract

This study explores the concept of ghayah (purpose or limit) as one of the foundational principles in Islamic legal theory (usul al-fiqh), which has been a point of contention among scholars due to its significant role in legal reasoning and the formulation of juristic rulings. Numerous jurisprudential issues have stemmed from this concept across various areas such as worship, transactions, personal status, and criminal law. Given its importance, this research aims to examine the meaning of ghayah, its classifications, and the scholarly debate regarding its evidentiary authority. The study also derives the legal principles of the Companion from his juristic branches, highlighting the practical applications of the concept of ghayah as reflected in the legal practice of the Companion Jabir ibn Abdullah.
Legal Perspectives on al-Waṣiyyah and al-Mīrāth: A Comparative Analysis of Imami and Hanafi Jurisprudence Huseen, Walaa Ali
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.v5i1.4688

Abstract

The term “will” (al-Waṣiyyah) is an ancient term, but in some periods it was associated with injustice and unfairness. The head of the household had the right to dispose of the will without restrictions, which could allow him to make a will to a stranger and deprive his children of their inheritance rights (al-Mīrāth). In pre-Islamic times, Arabs made wills to strangers out of pride and boasting, leaving relatives in poverty and need. With the advent of Islam, the concept of the will was redefined to be based on truth and justice. Before the inheritance law was enacted, wealthy individuals were required to make a will to their parents and relatives. Consequently, in early Islam, a will became obligatory for all of a person's property for the benefit of their parents and relatives. The rulings on wills differ from one school of thought to another, depending on the issues involved, such as conflicting wills, impediments to inheritance, and the ruling on the time of establishing a will.
The Impact of Divorce on Children from a Sociology of Law Perspective: A Case Study in Tondong Tallasa District Sikra; Basri, Rusdaya
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.v5i2.3490

Abstract

This study examines the impact of divorce on children from a sociology of law perspective in Tondong Tallasa District. The objectives of this research are to identify the effects of divorce on children and to analyze the factors contributing to divorce in Tondong Tallasa District. The research employs a descriptive qualitative method, which is a problem-solving procedure that investigates phenomena by describing and portraying the conditions of the research subjects or objects as they currently exist, based on observable facts. Data were collected through observation, interviews, and documentation. The collected data were analyzed by reviewing and synthesizing the findings to produce concise thematic summaries. The results of the study indicate that the causes of divorce in Tondong Tallasa District vary, including: (1) domestic violence, (2) infidelity, (3) economic factors, and (4) parental interference. Furthermore, the impact of divorce on children is generally similar, namely that children tend to become less open with others and experience feelings of shame in relation to their peers.
Misyar Marriage: A Comparative Legal Analysis of Yusuf al-Qaradawi and ‘Abd al-‘Aziz ibn ‘Abd Allah ibn Baz’s Thought Awal, Muhammad Yaumil; Rahman, Sarman
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.v5i2.3495

Abstract

This study examines the opinions of several contemporary scholars regarding the practice of misyar marriage, which represents a relatively new issue within the discourse of Islamic law. Fundamentally, marriage is a sacred bond established between a husband and wife through the fulfillment of mutual rights and obligations as a marital partnership. This research employs a library-based research method, collecting data in the form of scholarly opinions on the practice of misyar marriage. The data sources are derived from various books and academic journals related to the Misyar marriage. The findings of this study suggest that the issue of misyar marriage presents a contemporary legal challenge among modern scholars, as it is not explicitly addressed in the works of classical jurists. This condition has prompted scholars of the mutaʾakhkhirīn period to conduct extensive analyses to address issues related to the practice of misyar marriage. Following an examination of these scholarly analyses, the author finds a fundamental divergence of opinion regarding the legal validity of misyar marriage. Among these views, Yusuf al-Qaradawi permits misyar marriage unconditionally, whereas ʿAbd al-ʿAziz ibn ʿAbd Allah ibn Baz permits it subject to certain conditions.
Law Enforcement Efforts in Addressing Online Prostitution in Banda Aceh City: A Study of the Role of Satpol PP and Wilayatul Hisbah Lajuna, Muhammad Barokah; Roslaili, Yuni; Kamaruzzaman, Yusnaidi
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.v5i2.5255

Abstract

This study examines law enforcement efforts against online prostitution in Banda Aceh City, carried out by the Civil Service Police Unit (Satpol PP) and the Wilayatul Hisbah (WH). This phenomenon poses a serious challenge in Aceh, a region governed by Islamic Sharia law. Employing a descriptive qualitative approach and empirical juridical method, data were collected through interviews and literature review. The findings indicate that enforcement efforts are implemented through preventive (religious education and legal socialization), repressive (field raids and monitoring), and curative (rehabilitation and moral guidance) approaches. Despite the existence of legal frameworks such as the Qanun Jinayat, enforcement faces several obstacles, including limited human resources, lack of technological support, and the absence of specific regulations addressing online prostitution. Furthermore, low public legal awareness and the evolving tactics used by perpetrators through technology create additional enforcement difficulties. Therefore, strategic steps such as regulatory reform, capacity building for law enforcement officers, institutional cooperation, and increased community participation are crucial to enhancing the effectiveness and sustainability of Sharia law enforcement in tackling online prostitution in the digital era.
Legal Dynamics of Environmental Governance  within  the  Framework of  Sustainable Development in Indonesia Iskandar, Ivan; Pratiwi, Anna Desy; Budiman, Tji Natalia; Saedi, Hedi Ceril; Santoso, Edy
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.v5i2.5626

Abstract

The primary factor posing a challenge to the implementation of environmental policies in Indonesia is weak law enforcement. Well-formulated environmental regulations are rendered ineffective when enforcement is weak and inconsistent. Numerous pollution cases end without meaningful legal consequences, either due to inadequate supervision or conflicts of interest between regulators and business actors. This study employs a normative–juridical approach with a normative legal research specification. Data analysis is conducted using a qualitative juridical method focusing on environmental law and sustainable development. The findings indicate that the implementation of environmental law in Indonesia has not been effective in supporting sustainable development. The main weaknesses lie in institutional limitations, inadequate supervision, and low levels of public participation. In addition, regulatory ambiguity and weak political commitment further hinder effective law enforcement. Therefore, strengthening institutional capacity, harmonizing regulatory frameworks, and integrating environmental considerations into development policies are essential to enable environmental law to function optimally.  
Conceptual Developments in Environmental Law: An Interdisciplinary Approach Santoso, Joyo; Selara, Gabriella; Hermanto, Dilly; Tharsyah, Zouvry Imam
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.v5i2.5668

Abstract

This study examines conceptual developments in environmental law through an interdisciplinary approach to address Indonesia’s increasingly complex ecological and social challenges. It highlights the limitations of traditional normative and legalistic legal frameworks and emphasizes the significance of legal pluralism, ecological justice, and the integration of local knowledge systems. The primary objective of this research is to formulate a holistic conceptual framework that combines ecological sustainability, legal adaptability, and interdisciplinary insights to strengthen environmental governance. This study employs normative legal research supported by secondary data analysis, including statutory regulations, academic literature, and international legal documents. An interpretative and descriptive analytical method is used to synthesize perspectives from legal doctrine, environmental science, philosophy, and sociology in order to develop an innovative and responsive legal paradigm capable of addressing contemporary environmental complexities. The findings reveal that environmental law in Indonesia remains largely dominated by a fragmented and normative approach, which limits the effectiveness of environmental protection. Integrating interdisciplinary perspectives and recognizing local and customary legal systems can promote more inclusive, participatory, and sustainable environmental governance.
The Binding Authority of the Laws of Previous Religious Communities (shar’ man qablanā) and the Derivation of Their Rulings Mohammaed, Sabreen Ali; Makky, Rand Sa’ad
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.v5i2.5756

Abstract

This study explores the jurisprudential rule "The Sharia of those before us is also binding upon us" (Sharʿ man qablanā), analyzing its authenticity, applications, and implications within Islamic jurisprudence. The research begins by establishing the scholarly positions on the rule's acceptance, highlighting the divergence between those who view previous religious laws as binding upon Muslims unless explicitly abrogated and those who reject such application. The study employs a descriptive-analytical approach, drawing on Quranic verses, Prophetic traditions, and scholarly interpretations to assess the rule’s legal standing. It examines historical examples of previous legislations mentioned in Islamic sources and evaluates their applicability in Islamic law. The paper emphasizes the need for careful scrutiny in determining whether such rulings align with the principles of Islamic Sharia and are supported by clear textual evidence. The conclusion stresses that while some pre-Islamic rulings may be upheld when consistent with Islamic objectives, their application must not contradict established Islamic principles. This nuanced approach ensures the integrity and adaptability of Islamic jurisprudence.
Sound Horeg from the Perspective of Maṣlaḥah Mursalah: An Analysis ofthe East Java Indonesian Ulema Council (MUI) Fatwa No. 1 of 2025 Rahman, Nico; Ulum, Bahrul
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.v5i2.5832

Abstract

The phenomenon of using sound horeg—a high-volume loudspeaker system with a dominant bass—has become a trend in various regions of Indonesia, particularly in entertainment events and public gatherings. While it provides entertainment value and cultural appeal, its usage often triggers noise pollution, public disturbances, and social conflicts. In response to this phenomenon, the Indonesian Ulema Council (MUI) of East Java issued Fatwa No. 1 of 2025, which provides ethical and religious guidelines regarding the use of sound horeg. This study employs a qualitative descriptive-analytical approach with a library research method, focusing on the content analysis of the fatwa through the perspective of maslahah mursalah. The aim is to examine the content of MUI East Java Fatwa No. 1 of 2025, analyze the maslahah mursalah considerations underlying its issuance, and assess its social and religious implications within society. The findings indicate that the fatwa explicitly declares the use of sound horeg as haram, since it generates more harm than benefit. Nevertheless, the fatwa provides certain exceptions, namely when the use of sound equipment is conducted in a reasonable manner, without excess, and without causing harm to the surrounding community.

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