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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 117 Documents
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BEYOND ILLNESS AND TRAVEL: REFORMULATING THE PRINCIPLE OF REMOVING HARDSHIP IN ISLAMIC FASTING THROUGH MAQĀṢID AL-QURʾĀN Cholil, Abyan Afrizal; Musadad, Ahmad; Khazin, A. Mufti; Baihaqi, Baihaqi; Choir, Ahmad Muqoffi Nazral
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 2 (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.iss2.art3

Abstract

Purpose – This study examines the principle of dafʿ al-ḥaraj (removal of hardship) in Q.S. al-Baqarah (2):185 as a basis for determining rukhṣah (legal concessions) in Islamic law. It asks whether illness (marīḍ) and travel (musāfir) constitute exclusive grounds for obtaining rukhṣah, or whether the verse allows consideration of other forms of hardship. Drawing on Aḥmad al-Raysūnī’s perspective on Maqāṣid al-Qurʾān, this study reconstructs the concept of rukhṣah by recognizing actual hardship (ḥaraj) as a relevant consideration while remaining within the Qur’anic normative framework. Methods – This qualitative library research employs a maqāṣidī-hermeneutical approach. Primary sources include the works of Aḥmad al-Raysūnī, al-Shāṭibī, al-Ṭabarī, Ibn Kathīr, and Ibn ʿĀshūr, supplemented by relevant scholarly literature. The analysis combines textual, comparative, and teleological readings of classical interpretations and maqāṣid thought. Findings – The study demonstrates that Q.S. al-Baqarah (2):185 explicitly associates rukhṣah with illness and travel, while the principle of dafʿ al-ḥaraj provides a basis for understanding the rationale for legal concessions in a more contextual manner. Accordingly, this study proposes a reformulation of dafʿ al-ḥaraj through the concept of verifiable hardship (taḥaqquq al-ḥaraj) as a consideration in determining rukhṣah. This approach does not seek to expand the category of rukhṣah without limits but to ensure that the application of Islamic law remains responsive to actual circumstances without departing from Qur’anic normative boundaries. Aḥmad al-Raysūnī’s Maqāṣid al-Qurʾān perspective further strengthens this framework by linking the objective of removing hardship with the dynamics of social life. Research contribution/limitations – This study contributes to the development of Qur’an-based legal reasoning by integrating classical exegesis and Maqāṣid al-Qurʾān in reconstructing the concept of concessions for fasting. The study is limited to Q.S. al-Baqarah (2):185; therefore, the application of dafʿ al-ḥaraj to other areas of Islamic law remains beyond its scope. Originality/value – This study proposes an integrative legal-hermeneutical model that brings Qur’anic interpretation into dialogue with Islamic legal reasoning by positioning dafʿ al-ḥaraj as a teleological foundation for understanding rukhṣah.
STRUCTURAL GAPS IN NAZHIR REMUNERATION: COMPARING THE LEGAL FRAMEWORKS AND WAQF GOVERNANCE IN INDONESIA AND BRUNEI DARUSSALAM Sulistiani, Siska Lis; Nurrachmi, Intan; Fawzi, Ramdan; Haqqi, Abdurahman Raden Aji
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 2 (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.iss2.art4

Abstract

Purpose – This study aims to analyze the legal basis, forms, and mechanisms of waqf administrator remuneration in Indonesia and Brunei Darussalam and to evaluate their differences from the perspective of maqāṣid al-sharī‘ah to identify potential structural remuneration gaps. Scholarly attention to the relationship between remuneration frameworks and Waqf institutional sustainability remains limited. Methods – This study employed a comparative legal method based on library research. Primary sources include legislation and official institutional documents from Indonesia and Brunei Darussalam, while secondary and tertiary sources comprise relevant scholarly literature. The comparative analysis focuses on the allocation of waqf management responsibilities, the legal basis for remuneration or financial support, and their relationship to the protection and productive development of waqf assets, evaluated through the principles of maqāṣid al-sharī‘ah. Findings – Indonesia and Brunei Darussalam regulated the waqf administration through distinct legal and institutional frameworks. In Indonesia, Nazhir may receive remuneration from the net proceeds of waqf management and development capped at 10 percent under Article 12 of Law No. 41 of 2004, thereby linking compensation to asset-management performance. In Brunei Darussalam, waqf administration falls under the authority of the Majlis Ugama Islam Brunei (MUIB) within a centralized institutional framework, without an equivalent statutory formula for individual remuneration. This difference reveals a structural gap in the legal basis, compensation mechanisms, and allocation of institutional responsibility. From a maqāṣid al-sharī‘ah perspective, both models seek to protect waqf assets (ḥifẓ al-māl) and sustain their public benefits, but require the integration of professional incentives, performance accountability, institutional oversight, and asset protection to ensure sustainable waqf management. Contribution and Limitations – This study contributes to waqf governance scholarship by offering a comparative framework for understanding the relationship between remuneration regulation, professionalization of waqf administrators, and protection of waqf assets. Its limitation lies in its focus on legal and institutional dimensions, based primarily on library sources and official documents. Originality/value – This study conceptualizes the remuneration gap as a structural disparity in the legal basis, compensation mechanisms, institutional responsibilities, and the relationship between remuneration and waqf management performance.
INTERNALIZATION OF ISLAMIC FAMILY LAW THROUGH MARRIAGE GUIDANCE: A SOCIO-LEGAL STUDY ON THE MANAGEMENT OF DOMESTIC CONFLICT Rohmah, Auliyaur; Ludfi, Ludfi; Imamuddin, Imamuddin; Budiman, Mamdukh
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 2 (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.iss2.art2

Abstract

Purpose – Marriage Guidance (Bimwin) is a preventive instrument developed by the Ministry of Religious Affairs of the Republic of Indonesia to strengthen marital preparedness and family resilience. However, how Islamic Family Law values are internalized into couples’ legal awareness, culture, and practices remains relatively underexplored. This study aims to analyze the process of internalizing Islamic Family Law through Bimwin and to explain its contribution to strengthening couples’ capacity to prevent the escalation and management of household conflicts. Methods – This study employs a socio-legal approach with a qualitative case study design at the Tlanakan Religious Affairs Office (KUA) in Pamekasan Regency. The informants comprised 35 participants: 12 married couples (24 individuals) who had attended Bimwin and 11 institutional informants. Data were collected through in-depth interviews, observations, and document analysis, and analyzed using Braun and Clarke’s Reflexive Thematic Analysis. Friedman’s theory was used to examine the legal system, Berger and Luckmann’s theory to explain the internalization process, and Islamic Family Law principles as the study’s normative framework. Findings – The internalization process is dynamic and non-linear, shaped by interactions among the legal and institutional context (legal substance, legal structure, and Islamic Family Law principles), the externalization–objectivation–internalization mechanism, and transformations in legal knowledge, legal awareness, legal culture, and legal behavior. Values such as mu‘āsyarah bi al-ma‘rūf, syūrā, ḥuqūq wa wājibāt al-zawjayn, and mubādalah are translated as dialogical communication, deliberation, joint decision-making, proportional fulfillment of rights and obligations, and role negotiation. These practices constitute emerging legal practices that strengthen couples’ capacity to prevent escalation and manage household conflicts, while marital experiences create a feedback loop that may reinforce, modify, or weaken the internalization of these values in the couple. Research contribution/limitations – This study contributes to the socio-legal perspective by explaining the mechanisms through which Islamic Family Law values are internalized in family life. Limitations related to the single-case design, relatively homogeneous social context, self-reported data, and cross-sectional approach highlight the need for longitudinal and comparative studies to examine the sustainability of internalization and changes in couples’ behaviors. Originality/value – This study develops an Islamic Family Law Internalization Model through Marriage Guidance based on the Context–Mechanism–Outcome–Feedback framework, demonstrating that internalization is a dynamic process shaped by the interaction of legal context, social mechanisms, and marital experiences.
PROTECTION OF WORKERS’ FINANCIAL RIGHTS FOLLOWING CORPORATE BANKRUPTCY: A MAQĀṢID AL-SHARĪ‘AH ANALYSIS OF THE FATWA ON EMPLOYMENT TERMINATION INSURANCE Wahyuni, Wahyuni; Rachmawati, Dwi; Bahari, Raha; Husna, Maula Faizatul
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 2 (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.iss2.art10

Abstract

Purpose – This study aims to analyse the construction of workers’ protection following the termination of employment (PHK) due to corporate bankruptcy from the perspective of Fatwa DSN-MUI No. 149 of 2022 and maqāṣid al-sharīah, with the bankruptcy of PT Sri Rejeki Isman Tbk (PT Sritex) as a case study. Method – This was a qualitative study. Primary data consist of Fatwa DSN-MUI No. 149 of 2022 and relevant legal materials concerning employment and bankruptcy, while secondary data include scholarly literature on workers’ protection, Islamic insurance (takaful), bankruptcy, and maqāṣid al-sharī‘ah. The data were analysed through normative and contextual interpretations to examine the relationship between normative protection and the actual realisation of workers’ rights. Findings – The study finds that Fatwa DSN-MUI No. 149 of 2022 provides a sharia-based framework for financial risk mitigation arising from the termination of employment due to corporate bankruptcy but does not constitute a direct legal basis for the payment of workers’ severance rights or replace bankruptcy and employment law mechanisms. The PT Sritex case reveals a gap between the normative recognition of workers’ rights and their effective realisation, particularly because payments depend on the settlement of the bankruptcy estate and availability of corporate assets. From the perspective of maqāṣid al-sharī‘ah, workers’ protection is closely related to ḥifẓ al-māl, ḥifẓ al-nafs, and ḥifẓ al-nasl. Thus, substantive protection requires not only legal recognition but also effective, timely, and fair mechanisms for realising workers’ rights. Research Contribution/Limitations – This study contributes an integrative framework connecting sharia norms, employment and bankruptcy law, and maqāṣid al-sharī‘ah in evaluating workers’ protection. Its limitation lies in its focus on the PT Sritex case, which limits the generalisability of the findings. Originality/Value – The originality of this study lies in positioning Fatwa DSN-MUI No. 149 of 2022 not as a substitute for bankruptcy mechanisms but as a normative-ethical framework for evaluating the substantive protection and welfare of workers affected by corporate bankruptcy.
LEGAL FRAMEWORK AND CHALLENGES IN IMPLEMENTING HALAL TOURISM: A SOCIOLOGICAL ANALYSIS OF LOMBOK ISLAND, INDONESIA Rahmatullah, Rahmatullah; Muslim, Aziz; Mujib, Abdul
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 2 (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.iss2.art5

Abstract

Purpose - This study aims to examine the implementation of halal tourism regulations in Lombok, West Nusa Tenggara, focusing on the factors that support and constrain their effectiveness and on strategies for strengthening the sustainability of the halal tourism ecosystem. Methods- This study employs a qualitative socio-legal approach using Soerjono Soekanto’s theory of legal effectiveness. Data were collected through interviews, observations, and document analysis involving tourism stakeholders, government officials, industry actors, and relevant institutions, and were analyzed thematically. Findings- The findings indicate that Lombok’s halal tourism ecosystem has developed through the availability of Muslim-friendly destinations, halal-certified restaurants, accommodation, halal tour packages, and trained human resources. However, its effectiveness and sustainability remain constrained by weak supervision, limited infrastructure, cleanliness and accessibility issues, incomplete implementing regulations, and low public legal knowledge and awareness. NTB Regional Regulation No. 2 of 2016 and Law No. 33 of 2014 provide an important regulatory foundation, while law enforcement institutions and MUI NTB play a positive role in implementation. These findings underscore that sustainable halal tourism requires clear regulations, effective supervision and law enforcement, adequate infrastructure, and active community participation. Contribution and Limitations – This study contributes to socio-legal scholarship by demonstrating how legal, institutional, infrastructural, social, and cultural factors interact to shape the effectiveness of halal tourism regulations. Its limitation lies in its qualitative focus on Lombok, which limits the generalizability of the findings to other areas. Originality/Value - This study offers an integrated legal-effectiveness perspective showing that the sustainability of halal tourism depends not only on regulatory availability but also on continuous supervision, effective enforcement, adequate infrastructure, institutional capacity, and community participation.
JUDICIAL REASONING AND DISPARITY IN ISLAMIC FAMILY LAW: A MAQĀṢID-BASED ANALYSIS OF POST-DIVORCE MAINTENANCE AND CHILD CUSTODY Musliadi, Musliadi; Kurniati, Kurniati; Mustafa, Zulhasari; Haque, Muhammad Faizul
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 2 (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.iss2.art9

Abstract

Purpose – This study aims to analyse judicial disparities in determining post-divorce maintenance and ḥaḍānah (child custody) from the perspective of maqāṣid al-sharī‘ah by comparing Decision of the Yogyakarta Religious Court No. 348/Pdt.G/2021/PA.YK and the Decision of the Jepara Religious Court No. 1492/Pdt.G/2021/PA.Jepr. Method – This study employed a normative legal research method using case, statutory, and conceptual approaches. The two decisions are comparatively analysed to identify differences in the application of legal norms, construction of facts, assessment of evidence, and judicial reasoning in determining post-divorce maintenance and ḥaḍānah, with maqāṣid al-sharī‘ah serving as an evaluative framework for assessing the justice and welfare achieved through the decisions. Findings – The study finds that judicial disparity is reflected not only in differences in the rulings concerning post-divorce maintenance and ḥaḍānah, but also in the construction of facts, interpretation of legal norms, assessment of evidence, and weighting of the interests of the parties. Judges assign different weights to parents’ economic capacity, caregiving circumstances, continuity of the child’s living arrangements, and the child’s material and psychological needs. These differences demonstrate that judicial discretion plays an important role in contextualising legal norms according to concrete circumstances while simultaneously creating potential for inconsistency when not accompanied by clear reasoning parameters. From the perspective of maqāṣid al-sharī‘ah, variations in judicial outcomes may be justified when oriented toward maṣlaḥah and the protection of lineage, life, intellect, and property. Conversely, disparities unsupported by material facts and adequate reasoning may undermine legal certainty and protect women and children’s rights. Contribution/Limitations – This study offers a maqāṣid al-sharī‘ah-based evaluative framework to distinguish legitimate judicial variation from problematic disparities in cases concerning post-divorce maintenance and ḥaḍānah. Its limitation lies in the use of only two judicial decisions as the primary cases, which limits the generalisability of the findings to Religious Court practices across Indonesia. Value/Originality – The originality of this study lies in integrating maqāṣid al-sharī‘ah, judicial reasoning, and the best interests of the child principle to analyse judicial disparity. This approach shifts the focus from differences in judicial outcomes alone to evaluating the quality and legitimacy of judicial reasoning in realising substantive justice.
RECONSTRUCTING SUSTAINABLE HALAL FASHION GOVERNANCE THROUGH MAQĀṢID AL-SHARĪ‘AH IN INDONESIA: INTEGRATING CERTIFICATION, INTERNATIONAL STANDARDS, AND ENVIRONMENTAL ACCOUNTABILITY Syifa, Dian May; Abdillah, Muhammad Torieq; Umairoh, Noor Sifa; Furqan, Ferry Nahdian
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 8 No. 2 (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.iss2.art8

Abstract

Purpose - This study aims to analyze and reconstruct halal industry governance in Indonesia’s halal fashion sector by integrating halal certification, environmental sustainability, international standards, and accountability for production impacts. The study addresses the problem that halal industry governance remains predominantly oriented toward formal compliance, while ṭayyib, environmental sustainability, environmental monitoring, and accountability have not yet been integrated into a coherent governance framework. Methods - This study employs an interdisciplinary approach to analyze halal industry governance, environmental sustainability, and industrial waste management. Data were obtained through document analysis of regulations, national halal policies and standards, OIC/SMIIC standards, and relevant literature. The data were analyzed qualitatively by integrating perspectives on halal governance, environmental sustainability, and maqāṣid al-sharī‘ah. Findings - The findings indicate that the main problem in Indonesia’s halal industry governance lies in regulatory and institutional fragmentation and the predominance of end-product compliance. The existing halal certification system has not adequately integrated environmental sustainability indicators or systematically connected halal supervision with production waste management. The comparison with OIC/SMIIC standards further indicates the need to strengthen interoperability in certification, accreditation, conformity assessment, traceability, and mutual recognition to support international competitiveness. Furthermore, textile waste mismanagement cannot automatically be categorized as an economic environmental crime; such classification requires environmental harm or pollution, a violation of applicable law, an economic motive or cost avoidance, and the fulfillment of corporate criminal liability requirements. Research contribution/limitations - This study offers a conceptual roadmap for reforming halal industry governance by integrating halal compliance, environmental responsibility, sustainability, and legal accountability. The study is limited to document-based analysis and secondary sources, without empirical research or laboratory testing of textile waste. Originality/value - This study conceptually reconstructs halal governance from a formal “Halal” orientation toward an integrated “Halal–Ṭayyib–Sustainability” framework grounded in maqāṣid al-sharī‘ah. The framework integrates halal status, public benefit, environmental sustainability, oversight, and law enforcement to support regulatory harmonization, institutional coordination, post-certification monitoring, and stronger corporate accountability.

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