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Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam
Published by Sekolah Tinggi Agama Islam Al-Hikmah 2 Brebes
ISSN : 26558882     EISSN : 2723195X     DOI : https://doi.org/10.56593
Core Subject : Religion, Humanities, Health, Education,
Religion Humanities Education Nursing Public Health
Jurnal Khuluqiyya diterbitkan oleh Sekolah Tinggi Agama Islam Al-Hikmah 2 sebagai media untuk menyalurkan pemahaman tentang hukum dan studi Islam berupa hasil penelitian lapangan atau laboratorium maupun studi pustaka. Khuluqiyya secara etimologi berarti hukum-hukum yang berkenaan dengan akhlak. Petunjuk untuk mengembangkan potensi kebaikan yang ada dalam diri manusia agar menjadi makhluk terhormat yang sesungguhnya (mulia). Redaksi menerima naskah yang belum pernah diterbitkan dalam media lain dari dosen, peneliti, mahasiswa maupun praktisi dengan ketentuan penulisan, Naskah yang masuk akan dievaluasi dan disunting untuk keseragaman format, istilah dan tata cara lainnya. Khuluqiyya: Journal of Islamic Law emphasizes the study of Islamic family law and Islamic law in Islamic countries in general and specifically by emphasizing the theory of Islamic family law and Islamic law and its practice in the Islamic world that developed in attendance through publications of articles. Scope This journal specializes in studying the theory and practice of Islamic family law and Islamic law in Islamic countries, Islamic studies, Islamic socio-political, Islamic philosophy, Islamic perspectives which are intended to reveal original research and current issues. This journal warmly welcomes contributions from scholars from related fields who discuss the following general topics; Islamic Family Law Islamic Economic Law Islamic Criminal Law Islamic Constitutional Law Zakat and Waqf Law Thought of Contemporary Islamic Law Islamic Education Islamic Socio-Politics Islamic Though Islamic Philosophy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 102 Documents
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Judicial Construction of Tadlis in Marriage Annulment Litigation: Comparative Ushul Fiqh Examination of Decision No. 2309/Pdt.G/2025/PA.Krs Syafariah Karomah; Vita Firdausiyah; Ramdan Wagianto
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.210

Abstract

This study examines how judges assess the validity of tadlis claims in marriage annulment cases and evaluates whether their judicial reasoning aligns with comparative ushul fiqh principles. The issue has become increasingly significant in contemporary Islamic family law due to the growing number of cases involving identity fraud, concealment of material facts, and misrepresentation that potentially affect the validity of marriage contracts. Employing a normative-analytical legal research approach, this study integrates judicial reasoning analysis with comparative ushul fiqh perspectives through the bayani (textual), ta’lili (causal), and maqasidi (objectives-oriented) methods. The primary sources consist of judicial decisions, statutory regulations, and classical as well as contemporary fiqh literature relevant to the doctrine of tadlis and marriage annulment. The findings indicate that judges do not rely solely on formal evidentiary standards but also consider substantive facts, contextual legal interpretation, and principles of material justice in determining the validity of tadlis claims. From a comparative ushul fiqh perspective, judicial reasoning demonstrates a balanced integration of textual evidence, legal causation (‘illat), and the objectives of Islamic law (maqasid al-shari‘ah), particularly in protecting honesty, legal certainty, and family welfare. This study contributes to Islamic family law scholarship by illustrating how judicial discretion functions as a bridge between positive law and Islamic legal principles in achieving both legal certainty and substantive justice in marriage annulment disputes.
Local Wisdom in Economic Practice: A Critical Study of Massanra Galung Tradition of the Buginese in Fiqh Muamalah Mahfudz; Muhammad Ahsanul Amal; Hasniati; Mutmainnah Mustari
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.212

Abstract

This study examines the practice of massanra galung among the Bugis community in Alakaya Village, Southeast Sulawesi, and analyzes its compliance with the principles of fiqh muamalah and maqasid al-shariah. The research integrates legal analysis with socio-cultural perspectives, employing a maqasid al-shariah framework to evaluate the alignment of customary practices with the objectives of Islamic law, namely the protection of hifz al-din, hifz al-nafs, hifz al-aql, hifz al-nasl, and hifz al-mal. Primary data were collected through in-depth interviews with religious leaders, customary authorities, pledgees, and village government officials, complemented by secondary data from relevant literature and documents. Data were analyzed using qualitative descriptive methods, including data reduction, presentation, and conclusion drawing. The findings indicate that massanra galung functions as a trust-based financing mechanism grounded in social solidarity; however, flexibility in repayment terms and the pledgee’s control over rice field yields create asymmetries in bargaining power and risks of economic injustice. Analysis from the perspective of fiqh muamalah and maqasid al-shariah shows that the practice is conditional: it is considered valid and consistent with Shariah objectives if the rights and obligations of all parties are clearly defined, the benefits of the rice field remain with the owner, and the distribution of yields is equitable. The study emphasizes the need to reformulate the practice through written agreements, clear repayment deadlines, fair distribution of yields, and supervision by customary and religious leaders to ensure that the local tradition is preserved while remaining aligned with the principles of Islamic economic justice.
Legal Authority and Judicial Legitimacy: The Role of the Compilation of Islamic Law in Shaping Binding Religious Court Decisions Moh. Rivai; Asmuni; Hariyanto
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.213

Abstract

This study examines the role of the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) as a normative foundation in shaping the legal authority and judicial legitimacy of Religious Court decisions in Indonesia. Although the KHI was formally established through a Presidential Instruction rather than a statutory regulation, it has become one of the primary legal references in adjudicating Islamic family law disputes within Religious Courts. This condition raises important questions regarding the extent to which the KHI possesses binding legal force and contributes to the legitimacy of judicial decisions. Using a normative juridical approach, this research analyzes statutory regulations, judicial doctrines, and court practices related to the implementation of the KHI in Religious Courts. The study finds that the KHI functions not merely as a complementary guideline but as a substantive legal instrument that strengthens consistency, legal certainty, and judicial reasoning in Islamic family law adjudication. Furthermore, the KHI plays a significant role in bridging classical Islamic jurisprudence with the modern Indonesian legal system, thereby reinforcing the authority of Religious Courts in resolving disputes. The study concludes that the KHI has developed into a quasi-codified Islamic legal framework that substantially influences the binding character and legitimacy of Religious Court decisions in Indonesia.
Digital Cash Waqf and Legal Transformation in Indonesia: Harmonizing Islamic Philanthropy with Positive Law Qorri Maftukhah; Latazalina Aisyah Nahdoh
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.214

Abstract

The rapid development of financial technology has transformed the management and distribution of Islamic philanthropic instruments, including cash waqf in Indonesia. Digital cash waqf has emerged as an innovative mechanism that enhances accessibility, transparency, and public participation in waqf practices through online platforms and financial technology systems. This study examines the legal transformation of digital cash waqf in Indonesia by analyzing the relationship between Islamic law principles and the national positive legal framework governing waqf management. Using a normative juridical approach combined with conceptual and statutory analysis, this research explores the harmonization between Sharī‘ah principles, Law Number 41 of 2004 concerning Waqf, and contemporary financial regulations related to digital transactions and fintech governance. The findings demonstrate that digital cash waqf possesses significant potential to strengthen Islamic social finance, promote financial inclusion, and support sustainable socio-economic development. Nevertheless, challenges remain regarding legal certainty, institutional supervision, digital literacy, cybersecurity, and Sharī‘ah compliance in digital waqf operations. The study argues that strengthening regulatory integration and adaptive legal governance is essential to optimize digital cash waqf in Indonesia. Furthermore, collaboration between state institutions, Islamic authorities, and financial technology providers is necessary to ensure accountable, transparent, and sustainable digital waqf management within the national legal system.
The implementation of TT Vaccine as a Marriage Administrative Requirement in KUA Palengaan District: a Maslahah Mursalah Perspective Shohibul Hidayat; Urwatul Wusqo
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.216

Abstract

This study examines the implementation of Tetanus Toxoid (TT) immunization as an administrative prerequisite for marriage registration at the Office of Religious Affairs (KUA) of Palengaan District through the perspective of maslahah mursalah. It also explores how the policy is understood and implemented by the local community. This research employs a descriptive qualitative field study with sociological and normative approaches. Primary data were collected through interviews with the Head of KUA Palengaan, KUA staff, healthcare workers at the Palengaan Community Health Center, and prospective brides and grooms. Secondary data were obtained from official documents, relevant regulations, fiqh literature, journals, and previous studies. The findings reveal that TT immunization is frequently perceived merely as an administrative requirement, while its broader health benefits remain insufficiently understood. Limited public health literacy and inadequate dissemination of information contribute to this perception. From the perspective of maslahah mursalah, the TT immunization policy embodies significant public benefits, particularly in protecting life (hifz al-nafs) and reducing health risks for mothers and newborns. However, a gap persists between the normative objectives of the policy and its practical implementation. This study contributes to the discourse on integrating public health policies with Islamic legal principles and highlights the need for enhanced education, public awareness, and intersectoral coordination to improve policy effectiveness.
Political Polarization and Islamic Identity among Indonesian Muslims: A Socio-Political Analysis of Digital Religious Communities M. Rizal Qosim
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.217

Abstract

This study examines the relationship between political polarization and the construction of Islamic identity among Indonesian Muslims within the context of digital religious communities. The rapid development of digital communication technologies and social media platforms has significantly transformed patterns of religious interaction, political participation, and identity formation in contemporary Muslim societies. Digital religious communities have emerged as influential spaces where religious interpretations, political narratives, and ideological preferences are continuously negotiated and disseminated. This research aims to analyze how political polarization shapes the formation and expression of Islamic identity in online communities and how digital environments contribute to reinforcing or transforming socio-political attitudes among Indonesian Muslims. Using a socio-political approach, this study explores the interaction between religious discourse, political affiliation, and digital engagement within virtual communities. The analysis suggests that digital religious spaces function not only as platforms for religious expression but also as arenas of political contestation that may intensify ideological divisions and strengthen group-based identities. At the same time, these platforms provide opportunities for dialogue, participation, and the emergence of new forms of religious and political engagement. The study contributes to contemporary discussions on Islam, politics, and digital society by highlighting the evolving relationship between religious identity and political dynamics in Indonesia's increasingly interconnected digital landscape.
Assessing the Neutrality of Civil Servants When Running for Village Head Wani Islam Suhada Yundra; Desip Triananda
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.221

Abstract

This study argues that civil servants are not neutral when they run for office and participate in village head elections. This is because neutrality has no place when civil servants are involved in the selection of village heads, even if the nomination and screening processes are separate from political party nomination mechanisms. This study aims to explain the lack of neutrality among civil servants when they run for village head. Article 43, paragraphs (1) and (2), of Government Regulation No. 43 of 2014 on the Implementing Regulations of Law No. 6 of 2014 on Villages states that civil servants may run for the office of village head with the written permission of the personnel management official. If a civil servant is elected and appointed as village head, he or she is temporarily relieved of his or her duties for the duration of the term as village head without losing his or her rights as a civil servant. On the other hand, civil servants are required by law to remain neutral in all matters. This study employs a normative legal research method using both a statutory approach and a conceptual approach.The findings of this study reveal two things: first, there is a conflict between regulations that allow civil servants to run for village head and regulations regarding civil servant neutrality; and second, it was found that, conceptually, the candidacy of civil servants for village head cannot be separated from practical political dynamics.
The Marriage Customs of the Ogan Tribe as a Representation of a Living Islamic Civilisation: An Integrative Analysis of Local Culture and Islamic Sharia Maswari Maswari; Fitriah Fitriah; Maulani Maulani; Rumila Sari; Mohammad Syawaludin
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.222

Abstract

This study examines how the marriage customs of the Ogan ethnic group represent a form of living Islamic civilization through the integration of local culture and Islamic law. The main question addressed is how traditional practices are able to internalize and reflect Islamic values within a socio-cultural framework. Positioned within the discourse of Islamic cultural studies, this research employs a qualitative literature review method by analyzing classical and contemporary sources related to adat (customary law), Islamic jurisprudence, and local wisdom. The study utilizes an integrative theoretical approach that combines the concept of living Islam with socio-anthropological perspectives on culture. The findings reveal that Ogan marriage customs are not merely cultural rituals but constitute a dynamic process of Islamization in which values such as morality, social responsibility, and religious compliance are embedded in each ceremonial stage. Furthermore, the interaction between adat and sharia demonstrates a harmonious relationship, where local traditions function as a medium for transmitting Islamic teachings. The study concludes that Ogan customary marriage practices serve as a concrete manifestation of living Islamic civilization that sustains religious values within a localized cultural context.
Analysis of Onslag's Verdict Against Perpetrators of Gender Identity Forgery Afwan Luthfi Nathoras Pohan; Imam Yazid
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.226

Abstract

Changing gender identity in population documents raises legal problems when associated with the alleged crime of forgery of letters as stipulated in Article 263 of the Criminal Code. This problem can be seen in the South Jakarta District Court Decision Number 583/Pid.B/2010/PN. Jkt.Sel jo. Decision of the Supreme Court of the Republic of Indonesia Number 704 K/Pid/2011 which confronts the interests of state administrative certainty with the principle of criminal responsibility. This study aims to analyze the construction of criminal liability for gender identity change and examine its conformity with Islamic criminal law principles. This research uses normative legal research methods with a legislative approach, a case approach, a conceptual approach, and a comparative approach. Legal materials are analyzed in a qualitative juridical manner through the study of court decisions, laws and regulations, criminal law doctrine, and jinyayah fiqh literature. The results of the study show that the difference in considerations between the District Court and the Supreme Court lies in the assessment of the elements of error (mens rea) and unlawful nature. The Supreme Court considered that identity changes carried out through legal procedures and supported by medical reasons did not meet the element of forgery because there was no intention to deceive or the purpose of obtaining unlawful profits. From the perspective of Islamic criminal law, this condition is in accordance with the concepts  of tadlīs, 'udzur, and the principles  of maqashid al-shari'ah which place intention and benefit as the basis for accountability. This study recommends the need for clearer regulation of gender identity change in order to create legal certainty and prevent criminalization of legitimate administrative actions.
Criminal Law Policy Against Law Enforcement Officers Who Commit Violence Resulting in Death from the Perspective of the New Criminal Code and Islamic Criminal Law Annisa Putri Sinaga; Syaddan Dintara Lubis
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 8 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v8i1.230

Abstract

Indonesia, as a country based on the supremacy of law, places criminal law as an important instrument in maintaining order and protecting the right to life of the people. However, in law enforcement practices, excessive violence by officers resulting in death is still found, thus raising issues regarding legal accountability. This study was conducted to analyze the criminal law policy towards law enforcement officers who commit violence resulting in death based on the provisions of the Criminal Code (New Criminal Code) and review it from the perspective of Islamic criminal law. In contrast to previous studies which generally only examine criminal accountability from a positive legal perspective, this study combines the analysis of the Criminal Code with the study of Islamic criminal law. This study uses a normative juridical method through a statutory law approach and a conceptual approach with a literature study on related laws and regulations, legal literature, and sources of Islamic law. The results of the study indicate that law enforcement officers who commit violence resulting in death can be held accountable under Article 466 paragraph (3) of the New Criminal Code, with abuse of authority as a circumstance that can aggravate the crime as regulated in Articles 58 and 59 of the Criminal Code, and it is still possible to be subject to administrative and disciplinary sanctions. From an Islamic criminal law perspective, such acts are punishable by diyat (a type of punishment). Thus, both positive and Islamic criminal law emphasize the legal consequences for officers who commit violence that results in death.

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