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Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam
ISSN : 26558882     EISSN : 2723195X     DOI : https://doi.org/10.56593
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
Analisis Efektifitas Qanun Nomor 11 Tahun 2018 Tentang Perbankan Di Aceh Tudini, Maiyuna; Musanna, Khadijatul; Fitri, Aulia
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 1 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i1.169

Abstract

This study was conducted to examine the extent to which Qanun No. 11 of 2018 on Sharia Financial Institutions in Aceh has been implemented. Under this qanun, all financial institutions operating in Aceh are required to fully implement a sharia-based financial system. This study was conducted using a qualitative method with a literature review approach. This was done by reading and comparing various existing written sources, such as government reports, other people's research results, local media reports, and scientific papers. From the results obtained, this qanun has indeed succeeded in changing the form of financial institutions from the conventional system to the sharia system, and this happened in a relatively short period of time. However, in practice, there are still obstacles to its implementation. Many residents still do not fully understand Islamic banking. There are even small business owners who have never received proper guidance or direction on Islamic financing. On the other hand, not all Islamic financial institutions are ready to adapt their products and services to the needs of the community in their respective areas. This study concludes that while this regulation represents a significant step toward developing an Islamic economy in Aceh, its success ultimately depends on collaboration among all parties. The government, financial institutions, and the community must support one another. To improve the implementation of this regulation in the future, ongoing evaluations, regular public awareness campaigns, and improvements to supporting infrastructure and regulations are necessary. In this way, the benefits of this regulation can truly be felt by all residents of Aceh
Analisis Diskursus Kebijakan Vasektomi sebagai Prasyarat Bantuan Sosial: Studi Komparatif Perspektif Pragmatisme Politik dan Normatif Religius Pratama, Wahyu Aji; M. Saeful Amri
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.170

Abstract

The vasectomy controversy as a prerequisite for social assistance triggered by the statement of West Java Governor Dedi Mulyadi has caused a debate between pragmatic and religious perspectives in Indonesia. This study aims to analyze the construction of the pro-con arguments for vasectomy through the debate between Adi Armando and K.H.Kholil Nafis at the "Democracy Record" event on May 6, 2025. The research method uses library research with a descriptive qualitative approach and critical discourse analysis of the Norman Fairclough model which analyzes textual dimensions, discursive practices, and social practices. Data was obtained from transcripts of television shows, online news articles, policy documents, and MUI fatwas. The results of the study show that Adi Armando builds utilitarian arguments based on economic efficiency and "rational choice", while Kholil Nafis uses theological arguments that emphasize the concepts of fitrah and maqashid sharia. This debate reflects the tension between practical benefits and sharia normative provisions in regulating reproductive aspects, as well as implications for the structure of marital rights and obligations in Islamic family law which requires alternative solutions based on economic empowerment and temporary contraceptive methods.
HAK DAN KADAR NAFKAH ISTERI DALAM PERSPEKTIF KHI DAN IMAM AN-NAWAWI DALAM KITAB AL-MAJMU’ SYARAH AL-MUHADZDZAB Siti Fatimatul Muffidah; Ash-Shabah, Musyaffa Amin; Suprihatin; Supriyanto, Agus
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.176

Abstract

The increase in divorce rates in Indonesia is primarily triggered by economic problems and the inability of husbands to fulfill their wives' rights and provide for them in domestic life. This study compares the rights of wives and the level of provision in the Compilation of Islamic Law (KHI) and the book al-Majmu' Syarah al-Muhadzdzab by Imam An-Nawawi. This study is a normative comparative study. The results show that both the Compilation of Islamic Law (KHI) and Al-Majmu' Syarah al-Muhadzdzab share the basic principle that the husband's obligation to provide financial support depends on his economic ability and applies after the wife shows tamkin. Both sources of law emphasize that a wife who is in a state of nusyuz loses her right to financial support. The main difference lies in the normative and contextual aspects; Al-Majmu' provides quantitative details of maintenance based on the husband's financial condition, such as two mud for a well-off husband, one mud for a husband in difficulty, and one and a half mud for a husband in between. Meanwhile, KHI is more flexible, accommodating adjustments to Indonesia's socio-economic conditions by providing space for practices that are in line with the dynamics of a more diverse society. Overall, this study contributes to the integration of classical fiqh and positive Islamic law in Indonesia, while offering a theoretical and practical foundation for the development of a fair, contextual, and public-interest-oriented family law
Conflict and Family Law Issues in Shia Groups Hidayah, Okti Nur
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.179

Abstract

This article discusses the dynamics of Sunni-Shia relations in Indonesia by highlighting anti-Shia campaigns, the experiences of discrimination against the Shia community, and sensitive issues such as interfaith marriage and mut'ah marriage. Using historical, social, and theological approaches, this study shows that the marginalization of Shia Muslims is not only influenced by doctrinal differences, but also by transnational ideologies, state policies, and pressure from conservative groups. Cases such as the 2012 Sampang tragedy and conflicts involving the Rausyan Fikr Foundation in Yogyakarta are concrete examples of escalating intolerance. The findings of the article show that resistance to discrimination has emerged from moderate Muslim figures, but these efforts have not been able to neutralize the dominance of anti-Shia discourse in the public sphere. In addition, studies on interfaith marriage and the debate on mut'ah marriage illustrate how differences in Sunni-Shia jurisprudence affect family and social life. This article concludes that the Shia issue in Indonesia is a multidimensional problem that requires inclusive dialogue, legal protection for minorities, and a moderate approach to maintain intra-Islamic harmony in Indonesia.
Determination of Bancassurance Ujrah at PT Bank Syariah Indonesia KCP Purwokerto Sudirman Muhammad, Fikra Adib; Maulana, Ade; Fahmi, Fikri Afthon
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.191

Abstract

Bancassurance is a form of cooperation between banks and insurance companies in marketing insurance products through banking networks. From a sharia economic law perspective, bancassurance practices must be based on the principles of clarity of contract and transparency of information as stipulated in the Indonesian Ulema Council's National Sharia Board Fatwa Number 139/DSN-MUI/VIII/2021 concerning the Marketing of Insurance Products Based on Sharia Principles, which allows the use of ijārah contracts, wakālah bi al-ujrah, and ju‘ālah contracts according to the context of the cooperation. However, in practice at PT Bank Syariah Indonesia KCP Purwokerto Sudirman, there were issues related to the determination of ujrah sourced from the customer's initial contribution, which was not clearly stated in the insurance cover note. This condition raises questions about customer rights and the validity of the contract from a sharia perspective, particularly regarding the potential element of gharar. This research is field research with a normative juridical approach and descriptive-analytical methods. Data collection was carried out through observation, interviews, and documentation. The results showed that bancassurance practices were carried out through cooperation with PT Asuransi Jiwa Syariah Al Amin using a reference business model. This legal relationship places the bank as the party that receives ujrah based on a ju'ālah contract for the successful achievement of financing targets accompanied by insurance. Because ujrah is an agreement between the bank and the insurance company, customers have no legal standing in the contract. Therefore, the ambiguity of ujrah in the cover note cannot be categorized as gharar that invalidates the contract as long as the rights and obligations of customers are explained transparently in accordance with sharia principles
Requirements for Presidential and Vice Presidential Candidates Based on Law Number 7 of 2017 Concerning Elections from a Fiqh Siyasah Perspective Umah, Vina Khoerul
Khuluqiyya: Jurnal Kajian Hukum dan Studi Islam Vol. 7 No. 2 (2025)
Publisher : Sekolah Tinggi Agama Islam Al-Hikmah 2

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56593/khuluqiyya.v7i2.194

Abstract

This study examines the requirements for presidential and vice-presidential candidates as stipulated in Law No. 7 of 2017 on General Elections using the perspective of Fikih Siyasah. This study is motivated by the dynamics of election law in Indonesia, particularly regarding the formulation of national leadership qualifications that are not only administrative in nature but also rich in moral and ethical dimensions of leadership. This research is a normative legal study with a conceptual and legislative approach, using a literature review method of primary, secondary, and tertiary legal sources. The results of the study show that the provisions on the requirements for presidential and vice-presidential candidates in Article 169 of Law No. 7 of 2017 basically reflect the basic principles of Fikih Siyasah, especially those related to integrity, capability (kifāyah), physical and mental health, and commitment to the values of justice and public interest. However, there are several leadership criteria in Fikih Siyasah such as certain aspects of religiosity and more substantive moral-spiritual qualities that are not explicitly regulated in positive law. Therefore, this study emphasizes that national election law and Fikih Siyasah have a complementary relationship, in which Islamic values can serve as an ethical foundation for the improvement of democratic leadership regulations in Indonesia.
ANALISIS PENERAPAN AKAD IMBT PADA PRODUK PEMBIAYAAN DI BANK ACEH SYARIAH DALAM PERSPEKTIF FATWA DSN MUI NO.27/DSN-MUI/III/2002 Cut Zainab Safira; Khadijatul Musanna
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.v8i1.195

Abstract

This study examines the application of the Ijarah Muntahiya Bittamlik (IMBT) contract in financing products at Bank Aceh Syariah from the perspective of DSN-MUI Fatwa No. 27/DSN-MUI/III/2002. The IMBT contract represents a hybrid financing scheme combining leasing (ijarah) with ownership transfer at the end of the contract period, making it a strategic instrument in fulfilling customers’ needs for productive assets within Islamic banking. This research aims to analyze the normative framework of the IMBT contract based on the DSN-MUI fatwa and to evaluate its practical implementation at Bank Aceh Syariah in terms of sharia compliance. The study employs a qualitative method with a normative-juridical and empirical approach. Data are collected through literature review of relevant legal sources and analysis of actual financing practices within the institution. The findings reveal that, substantively, the implementation of the IMBT contract at Bank Aceh Syariah aligns with the principles and provisions stipulated in the DSN-MUI fatwa, particularly regarding contract structure, ownership transfer mechanism, and risk allocation. However, the study also identifies several administrative and procedural aspects that require improvement, especially in documentation clarity and contract standardization, to ensure more comprehensive adherence to sharia principles. Strengthening these aspects is essential to enhance legal certainty and reinforce public trust in Islamic financial institutions.
Perceraian Orang Tua dan Pengaruhnya terhadap Persepsi Anak tentang Pernikahan dan Kehidupan Keluarga: Studi Kasus di Desa Pengasinan, Bekasi Siti Fatimah Azzahra; Agus Supriyanto; Musyaffa Amin Ash-Shabah; Suprihatin
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.v8i1.197

Abstract

This study examines how parental divorce shapes children’s views on marriage and family life in Pengasinan Village, Bekasi. Previous studies on parental divorce have generally focused more on the psychological impact and emotional adjustment of children, while attention to how children interpret marriage, long-term commitment, and future family relationships after experiencing parental divorce remains limited. This study employs a qualitative case study approach through in-depth interviews with selected participants from divorced families. Data were analyzed using thematic analysis and interpreted through the perspective of maqāṣid al-syarī‘ah, specifically hifẓ an-nafs and hifẓ an-nasl. The results indicate that parental divorce influences children’s views on marriage by fostering emotional insecurity, fear of conflict, distrust of long-term commitment, and a cautious attitude toward interpersonal relationships. Experiences of family conflict, emotional distance, and changes in family structure contribute to the formation of children’s negative views regarding marital stability and emotional closeness. This study also found that emotional support, social environment, coping strategies, and religious values play a significant role in shaping children’s resilience and readiness to build a family in the future.
Between Waqf and Inheritance: A Jurisprudential Analysis of Judicial Reasoning in Bantul Religious Court Decision No. 552/Pdt.G/2019/PA.Btl Nur Muhamad Said Abdullah
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.v8i1.203

Abstract

This study examines the intersection between waqf and inheritance within the framework of Islamic jurisprudence through an analysis of judicial reasoning in Bantul Religious Court Decision No. 552/Pdt.G/2019/PA.Btl. The dispute emerged from the legal ambiguity surrounding waqf land that remained formally registered under the heirs’ names without an official transfer of title to the nadzir, thereby triggering competing claims between inheritance rights and waqf status. This research aims to analyze how the court constructed its legal reasoning in resolving the tension between these two legal regimes. Employing a qualitative normative method with a juridical approach, the study relies on document analysis of the court decision and relevant legal materials, including statutory regulations and Islamic legal doctrines. The findings reveal that the court’s reasoning reflects a jurisprudential effort to reconcile normative Islamic principles with positive legal frameworks. The decision emphasizes the importance of formal legal administration in waqf management, particularly the obligation to transfer land certification to the nadzir to ensure legal certainty. At the same time, it demonstrates a balanced approach by safeguarding the proportional rights of heirs where procedural irregularities exist. This ruling contributes to the development of jurisprudence in Indonesia by offering a structured resolution model for waqf-related inheritance disputes and reinforcing the integration of Islamic legal principles within the national legal system.
Parental Responsibility in Elementary School Children's Education: Integration of the Tarbiyatul Aulad Concept and Islamic Family Law Yudhi Hadiamsyah; Atiek Nazli Rahmatika
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.v8i1.206

Abstract

This study examines the gap between the normative demands of parental responsibility in children's education according to the concepts of Tarbiyatul Aulad and Islamic Family Law and the reality of its implementation in Islamic elementary schools (SD/MI), as well as exploring responses to the GEMAR program. The novelty of this research lies in three aspects: (1) the integration of Abdullah Nashih Ulwan's seven educational dimensions with Article 80 of the Compilation of Islamic Law (KHI), which has previously been interpreted only in economic terms; (2) the first evaluation of the GEMAR program in Islamic elementary schools (madrasah ibtidaiyah); (3) the development of a normative-empirical integration model that has not existed in previous studies. This research employed a qualitative approach with a single case study design. Data were collected through in-depth interviews (18 parents, 6 teachers, 1 principal, 8 students), participatory observation, and documentation. The findings indicate: (1) the ideal concept encompasses seven aspects and five educational methods, as well as the mandate of Article 80 KHI; (2) implementation remains partial, with psychological and sexual education being neglected and minimal paternal involvement (the fatherless phenomenon at only 26.7%); (3) the GEMAR program shows positive contributions but still faces challenges in the form of symbolic participation. The contributions of this research include expanding the interpretation of Article 80 KHI, critiquing gender constructs in Islamic family law, and providing evidence-based policy recommendations for the GEMAR program. In conclusion, synergy among family, school, and government is essential, emphasizing the revitalization of the father's role and the dissemination of Ulwan's seven aspects. Policy implications are context-specific and require further multi-site testing.

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