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M. Roem Syibly
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al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Published by Universitas Islam Indonesia
ISSN : 26561654     EISSN : 2656193X     DOI : 10.20885/mawarid
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences
al-Mawarid: Jurnal Syariah & Hukum is a peer-reviewed journal published two times a year (February and August) by the Department of Ahwal Syakhshiyah, Faculty of Islamic Studies, Universitas Islam Indonesia, Yogyakarta, Indonesia. Formerly, first published in 1993, al-Mawarid was initially published as Al-Mawarid: Jurnal Hukum Islam, an Indonesian bi-annual journal on Islamic Law. Since 2019, to enlarge its scope, this journal transforms its name to al-Mawarid: Jurnal Syariah dan Hukum. al-Mawarid warmly welcomes graduate students, academicians, and practitioners to analytically discuss and deeply explore new issues in relation to the improvement of shariah and law challenges and beyond.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 107 Documents
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DEVELOPING HALAL TOURISM BASED ON TRADITIONAL CULINARY HERITAGE: AN ISLAMIC LAW AND SWOT ANALYSIS OF CERTIFICATION COMPLIANCE IN TANGERANG, INDONESIA Abdul Rachman; Muhammad Azizan Fitriana; Hidayat; Risyda Nurul Qolbi; Bilaly Sangare
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art5

Abstract

Purpose – This study aims to analyze the gap between the economic potential of traditional cuisine in the halal tourism ecosystem and the level of compliance of business actors with certification requirements, as stipulated in the Halal Product Guarantee Law. This study also examines the factors influencing the halal tourism ecosystem and halal guarantees among business actors in Laksa Tangerang. Methods – This study used a qualitative descriptive method with a normative juridical approach. The analysis was conducted by linking the culinary practices of Laksa Tangerang with SWOT analysis and halal product assurance regulations in Indonesia. Data were obtained through observations in the culinary tourism area in Laksa Tangerang, interviews with Laksa vendors, visitors, and the local community, and relevant literature. Findings – This study shows that the stagnation of halal culinary growth in Laksa Tangerang is caused by multidimensional structural constraints, including limited innovation, weak segmentation and promotion, and governance issues. The SWOT analysis identified several strategic strengths that position Laksa Tangerang as a potential hub for halal tourism development. From an Islamic law perspective, its integration into the halal tourism ecosystem requires formal halal certification as a Halal Product Guarantee, so that halal assurance is institutionalized in a credible manner. Therefore, strengthening halal literacy, expanding certification, and improving governance are prerequisites for transforming Laksa Tangerang into a competitive and sustainable halal culinary tourism destination. Research contribution/limitations – This study contributes to providing space for the actualization of sharia values in local economic practices and offers a contextual and applicable SWOT analysis framework. Originality/value – This research offers a new perspective on integrating traditional culinary heritage into the Islamic legal framework in a contextual manner, thereby offering a model for sustainable Halal tourism development.
HYBRID AUTHORITY AT THE INTERSECTION OF CONSTITUTION AND SHARIA: JURISDICTIONAL DILEMMAS AND THE ENFORCEMENT OF ISLAMIC FAMILY LAW IN NIGERIA Abubakar Muhammad Jibril; Thomas Sheku Marah; Nura Sani Yusuf; Jelly Akter; Hoda Gueddi; Sulaiman Dalha Ahmad
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art3

Abstract

Purpose – This study examines why the constitutional recognition of Sharia family courts in Nigeria has failed to resolve ongoing tensions over power, legitimacy, and jurisdiction, revealing a structural dilemma in which constitutional supremacy and Sharia authority coexist without meaningful integration. Methods – This study uses a normative legal method based on doctrinal analyses. Primary data include constitutional provisions and legal instruments governing Sharia courts, while secondary data consist of established scholarly studies on Islamic legal theory, constitutional law, and legal pluralism. Data were analyzed using interpretive and analytical techniques to assess jurisdictional structures, sources of authority, and adjudication patterns. Findings – These findings show that Islamic family law in Nigeria operates through a dual structure of constitutional legality and religious legitimacy, resulting in the persistent fragmentation of authority that produces doctrinal inconsistency, judicial minimalism, and institutional caution. Rather than offering a principled framework for coexistence, constitutional supremacy functions primarily as a mechanism of subjugation, placing Sharia family law in a state of formal validity but with normative uncertainty. Thus, the stability of Islamic family law does not arise from the resolution of conflicts of authority but rather from the ability of the judicial system to manage normative tensions through case-specific accommodations within a stable but conceptually fragile space of legal pluralism. Research contribution/limitations – This study is limited to normative legal analysis and does not include empirical court data or litigants’ perspectives. Therefore, the conclusions cannot be generalized beyond doctrinal interpretations. Originality/value – This study offers a conceptual reframing of Islamic family law as a semi-autonomous normative subsystem within the constitutional order, contributing to the debate on legal pluralism and religious courts.
MAṢLAḤAH, TRANSPARENCY, AND ASSET PROTECTION: A STUDY OF INVESTOR PROTECTION IN THE ISLAMIC CAPITAL MARKET WITHIN CONTEMPORARY SHARIA FINANCIAL FATWAS Muhammad Fahmi Ardian; Akhmad Muhaini; Achmad Nursobah; M. Fijar Ishlahul Ummah
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art9

Abstract

Purpose - This study aims to analyze the construction and application of the principles of maṣlaḥah, transparency, and asset protection in contemporary Islamic finance fatwas, with a focus on DSN-MUI Fatwa No. 157/DSN-MUI/A/IU/2024 regarding the protection of investor assets in the Islamic capital market. This study evaluates how the limits of maṣlaḥah according to Sheikh Said Ramadhan al-Bûthî are operationalized within the normative framework of fatwas, as well as their implications for strengthening the principles of transparency and investor protection. Methods - This research is a literature review employing a descriptive-analytical approach. The primary sources consist of the text of DSN-MUI Fatwa No. 157/DSN-MUI/A/IU/2024 and the work of al -Bûthî, namely “Dhawâbith al-Maslahah fi al-Syari‘ah al-Islamiyyah,” which are analyzed based on the five parameters of maṣlaḥah and the principle of ḥifẓ al-māl within the framework of the maqashid al-shari‘ah. Findings - DSN-MUI Fatwa No. This is reflected in regulations that emphasize the segregation and protection of investor assets, the strengthening of transparency principles in fund management, and oversight of potential deviations. This fatwa explicitly closes loopholes in practices leading to usury (riba), uncertainty (gharar), market manipulation, and other forms of injustice toward investors. This fatwa explicitly closes loopholes in practices leading to usury (riba), uncertainty (gharar), market manipulation, and other forms of injustice toward investors. The principle of ḥifẓ al-māl (protection of wealth) serves not only as a normative goal but also functions as an ethical and legal foundation for building an accountable and sustainable asset protection system. These findings indicate a shift from a normative approach toward a more applied approach in the formulation of contemporary Islamic financial fatwas. Contribution/limitations - This study bridges the gap between classical maṣlaḥah theory and modern financial practices. However, it remains normative in nature and has not yet been empirically tested. Originality - This study offers an original perspective on understanding the relevance of classical thought as a moral and legal foundation for strengthening the Islamic capital market system.
HYBRID IJTIHĀD AND THE DILEMMA OF PUBLIC INTEREST: THE DYNAMICS OF APPLYING IJTIHĀD THEORY IN MUI FATWAS ON UNREGISTERED MARRIAGES AND CHILD MARRIAGES Amin, Mukhlisah; Dwi Widyanti Putri
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art8

Abstract

Purpose - This study examines the practical application of theories of ijtihad in the fatwas of the Indonesian Ulema Council (MUI), focusing on the issues of unregistered marriages and child marriage, as well as their impact on the diversity of legal arguments and the consistency of fatwa outcomes. Additionally, this study evaluates the extent to which the maqāṣid al-sharī‘ah approach is operationalized in addressing contemporary social problems. Methods - This study is a literature review employing a normative-doctrinal approach. The primary data included MUI Fatwa No. 10 of 2008 on unregistered marriages and the 2009 Ijtima’ Ulama Decision on child marriage. Analysis was conducted using content analysis and critical interpretation of the fatwa text, supported by classical fiqh literature, contemporary usūl al-fiqh, and the maqāṣid al-sharī’ah framework. Findings - This study found that the MUI applies a hybrid approach that combines taqlīd toward classical fiqh and collective ijtihād based on considerations of the public interest. Although the MUI acknowledges the negative social impacts of unregistered and underage marriages, its fatwas continue to sanction these practices based on the opinions of classical Islamic scholars, resulting in key concepts such as harm, maturity, and the public interest not being defined with sufficient clarity. Consequently, the application of maqāṣid al-sharī’ah in fatwas tends to be normative-formalistic and insufficiently responsive to the complexities of contemporary reality. Contributions/limitations of the study - This study contributes to the discussion of Islamic legal reform by critically evaluating the methodology of MUI fatwas. The study’s limitation is its reliance on secondary data without empirical field research. Originality/value - This study offers an original analysis of the application of ijtihād and maqāṣid al-sharī’ah theories and underscores the urgency of a more dynamic and contextual approach to Islamic law.
WIVES’ RIGHT TO PURSUE A CAREER IN ISLAMIC FEMINISM: AN EPISTEMOLOGICAL ANALYSIS OF GENDER JUSTICE IN CONTEMPORARY RELIGIOUS DISCOURSE Pratama, Andhika; Fatimah, Siti; Mahfud; Qeis Aimar
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art6

Abstract

Purpose – This article aims to conduct a comparative analysis of the epistemology of gender justice in the thoughts of Husein Muhammad and Faqihuddin Abdul Kodir, particularly in formulating the theological and ethical legitimacy of women's rights to pursue a career after marriage, as well as assessing the contribution of both their thoughts to the renewal of religious understanding in Indonesia. Methods – This study used a comparative approach to the thoughts of Husein Muhammad and Faqihuddin Abdul Kodir and a comparative epistemology. Primary data were obtained from the works of these two figures. Secondary data were obtained from relevant sources. The data were analyzed through a critical reading of the epistemological approach, argumentation patterns, and normative implications of each thought. Findings – The study found that both figures affirm women's right to a career as part of the principles of justice and reciprocity in Islam but through different epistemological paths. Husein Muhammad emphasizes historical-epistemological criticism of patriarchal fiqh constructions, while Faqihuddin Abdul Kodir develops the mubādalah methodology as an applicable relational ethic. These differences do not negate each other, but rather enrich the plural and dynamic discourse of Islamic feminism. Both epistemologies have real transformative power when translated into family law discourse, public policy, and social practices in Indonesia, although their implementation still faces cultural resistance and regulatory structures that are not yet fully gender-responsive. Research contribution/limitations – This research contributes to the provision of a theoretical and argumentative framework that can be used to formulate a discourse of moderate gender justice rooted in the Islamic intellectual tradition.
THE DILEMMA OF PRODUCTIVE WAQF: INSTITUTIONAL STRENGTHENING OR DISTRIBUTION PUBLIC WELFARE? ANALYSIS AT THE SYUHADA GRAND MOSQUE FOUNDATION IN YOGYAKARTA Muhammad Azkia Pasya; Mohammad Jamaludin; Maely Permatasari; Akbar Nur Wahid; Muhammad Taufik Hidayat
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art7

Abstract

Purpose – This study aimed to analyze the implementation of productive waqf at the Syuhada Grand Mosque Foundation (YASMA) in Yogyakarta using the maqāṣid al-sharīʿah perspective with a systems approach. The analysis focuses on evaluating waqf governance, compliance with regulations, the mechanism for distributing benefits, and their impact on community welfare. Methods – This study uses a qualitative approach with a case study on the management of productive waqf at the Syuhada Grand Mosque Foundation in Yogyakarta. Research data were obtained through documentation, observation, and interviews with waqf managers. The collected data were analyzed descriptively and analytically using a system-based maqāṣid al-sharīʿah framework. Findings – The results of the study show that productive waqf at YASMA is managed in the form of cash waqf and land waqf focused on the construction and development of infrastructure, such as the Syuhada Center, Islamic Educational Institutions, and Dormitories. Waqf management contributes to institutional sustainability, but it is still internal in nature and does not provide broad economic benefits to the surrounding community. The practice of waqf management is carried out through the principles of openness and multidimensionality by simultaneously integrating the objectives of Sharia (Islamic law), social, and economic aspects. However, the utilization of waqf still tends to be oriented towards strengthening internal institutions (protective-institutional) and has not yet fully developed into a model of social transformation that expands the distribution of community welfare (maqāṣid 'amah). Research contribution/limitations – This study offers a more comprehensive community-based model of waqf institutional governance, benefit distribution, and its impact on community welfare. The limitations of this study lie in the case studies of local institutions; therefore, the findings cannot be fully generalized. Originality/value – This study provides added value by presenting an empirical analysis of productive waqf management based on mosques and its contribution to social welfare.
BETWEEN SHARIA ARBITRATION AND RELIGIOUS COURTS: JURISDICTIONAL CONFLICT AND JUDICIAL CONSIDERATIONS ON ARBITRATION CLAUSES IN SUPREME COURT DECISIONS Muhammad Fakhril Umam; Dhika Tabrozi; Roisul Umam Arrasyidi; Wijdan Hibatulloh al-Wafa
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 1 (2026): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol8.iss1.art10

Abstract

Purpose - This study aims to analyze the conflict of jurisdiction between the National Sharia Arbitration Board (Basyarnas) and the Religious Courts in the resolution of sharia economic disputes, particularly regarding the effectiveness of arbitration clauses when such institutions are not structurally available in certain regions. The focus of the study is directed at the judges’ legal considerations in Supreme Court Decisions No. 159 K/Ag/2021 and No. 175 K/Ag/2021. Methods - The research employs a normative legal method using a statutory and case study approach, focusing on Supreme Court Decisions No. 159 K/Ag/2021 and No. 175 K/Ag/2021. The analysis utilizes Friedman’s legal system theory and Radbruch’s legal objectives to examine the rationality of the judges’ considerations. Findings - The results of this study found that the structural absence of Basyarnas in a region constitutes the primary ratio decidendi for judges to assume adjudicatory authority. Within Friedman’s framework, there is an interaction between the limitations of the legal structure and a responsive legal culture, which prompts judges to engage in legal discovery through the interpretation of Article 1344 of the Civil Code. Based on Radbruch’s conceptual framework, the judge’s legal balancing, in its implications, incorporates legal objectives within a framework aimed at achieving substantive justice for the aggrieved party; the utility-oriented nature of the decision provides practical benefits for the disputing parties; and certainty ensures that regulations are clearly formulated and not open to multiple interpretations, thereby providing legal certainty for the litigants as subjects of law. Research contribution/limitations - This study is limited to a normative analysis of specific cases; therefore, generalizations are limited. Originality/value - This study demonstrates that under conditions of institutional limitations, judges tend to prioritize substantive justice and the effectiveness of dispute resolution over formal legal certainty

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