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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 83 Documents
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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.

Page 9 of 9 | Total Record : 83

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