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Al Ushuliy
Published by Universitas Islam Negeri Mahmud Yunus Batusangkar
ISSN : 30251060     EISSN : 30251001     DOI : http://dx.doi.org/10.31958/alushuliy
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum with ISSN 3025-1001 (Online) and 3025-1060 (Print) is aimed at spreading the research results conducted by academicians, researchers, and practitioners in the field of sharia. JISRAH encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited:Islamic Law, Islamic Family Law, Constitutional Law (Siyasah), Islamic Economic Law. The journal is published periodically twice a year, i.e., every June (first edition) and December (second edition). FOCUS Al Ushuliy provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in Sharia. SCOPE Al Ushuliy encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: 1. Usul Fiqh; Qawaid Fiqhiyyah; Philosophy of Islamic Law, Politics of Islamic Law. 2. Worship 3. Muamalah / Islamic Business Law 4. Marriage 5. Inheritance 6. Islamic Crime 7. Islamic State 8. Judiciary 9. Laws and Legislation
Arjuna Subject : Ilmu Sosial - Hukum
Articles 77 Documents
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The Effectiveness of Da’i as Zakat Executors in Strengthening Zakat Collection: Evidence from BAZNAS Dharmasraya Regency Aswen, Latif; Karni, Awis; Zainal; Nofrianti, Mami; Yustiloviani
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 4 No. 2 (2025): Vol 4 No 2
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

This study examines the transformation of the role of da’i within BAZNAS of Dharmasraya Regency, where their function has expanded beyond the delivery of religious messages to encompass strategic responsibilities in the collection and management of zakat. The research seeks to analyze how this functional transformation occurs and to assess its effectiveness in increasing the potential collection of zakat, infak, and sadaqah (ZIS). Employing a qualitative methodology with a transformative approach, this study adopts the Community-Based Research (CBR) model, which emphasizes active collaboration among researchers, da’i, and local communities in identifying challenges and formulating context-sensitive solutions. Data were generated through participatory engagement, enabling an in-depth understanding of the social and institutional dynamics surrounding zakat management. The findings indicate that the repositioning of da’i as zakat executors has significantly enhanced collective community awareness of the religious and social importance of zakat, while also strengthening zakat management systems grounded in local culture and community potential. Furthermore, the integration of cultural approaches and managerial capacity-building initiatives has proven effective in reinforcing the role of da’i as agents of social change, particularly in promoting community empowerment and sustainable zakat governance.
Reconceptualizing Mandatory Bequests for Children of Unregistered Marriages: Islamic Family Law Responses to Supreme Court Circular Letter No. 3 of 2023 Riskanda, Yilda; Zulkifli; Putri, Dewi; Raus, Afrian; Effendi, Amri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 4 No. 2 (2025): Vol 4 No 2
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i2.16369

Abstract

This study examines the application of the mandatory will (wasiat wajibah) as regulated in Supreme Court Circular Letter (SEMA) No. 3 of 2023, particularly in relation to children born from valid but legally unregistered marriages. The research aims to analyze the legal construction and implications of SEMA No. 3 of 2023 concerning inheritance rights through mandatory wills within the framework of Islamic inheritance law in Indonesia. This research adopts a library-based methodology using a normative juridical approach, focusing on statutory analysis of SEMA No. 3 of 2023 as the primary legal source. Secondary data are derived from books, scholarly articles, and relevant scientific works. Data analysis is conducted through deductive reasoning, while data validity is ensured through source triangulation.The findings indicate that wasiat wajibah under SEMA No. 3 of 2023 serves as an alternative legal instrument to provide inheritance shares to children who are not formally recognized as heirs under classical Islamic inheritance law. This provision extends the earlier application of mandatory wills, previously limited to adopted children under Article 209 of the Compilation of Islamic Law. Although the inheritance portion through wasiat wajibah is limited to one-third of the estate, this policy reflects the principle of maṣlaḥah and the best interests of the child by ensuring minimum economic protection and legal certainty for children born from unregistered marriages.
Bawaslu’s Oversight of Digital Campaign Dynamics on Social Media in the 2024 Tanah Datar Regional Head Election Nurjannah, Zakiati; Caniago, Sulastri; Husni, Alfi; Emrizal
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 4 No. 2 (2025): Vol 4 No 2
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i2.16376

Abstract

This thesis examines the supervision carried out by the Election Supervisory Agency (Bawaslu) over digital campaign activities on social media during the 2024 Regional Head Election (Pilkada) in Tanah Datar. The study focuses on three main issues: the forms and characteristics of digital campaigns that emerged on social media platforms, the supervisory mechanisms employed by Bawaslu in responding to these dynamics, and the challenges faced by Bawaslu in exercising its oversight function amid the rapid development and openness of digital information. This research adopts a qualitative field research approach. Data were collected through in-depth interviews with relevant stakeholders, documentation analysis, and observation of local social media accounts that were active during the campaign period. The collected data were analyzed descriptively and qualitatively using several analytical frameworks, including surveillance theory, campaign theory, institutional theory of Bawaslu, and the perspective of fiqh siyasah tanfidziah. The findings indicate that digital campaigns in the 2024 Tanah Datar Pilkada were not limited to informational, persuasive, and mobilizational content, but also evolved into spaces of political criticism, satire, humor, and complex public interaction. This development confirms that social media has become a strategic arena for shaping public opinion, while simultaneously presenting significant challenges for electoral supervision. Bawaslu’s supervisory efforts—implemented through direct, indirect, and preventive mechanisms—reflect an institutional attempt to adapt to digital realities. However, their effectiveness remains constrained by technical limitations, the absence of detailed regulatory frameworks governing digital campaigns, and relatively low levels of public participation. This condition illustrates a gap between positive legal norms governing elections and the actual practices of digital campaigning in the field. From the perspective of fiqh siyasah tanfidziah, electoral supervision constitutes a mandate that must be carried out fairly and oriented toward the public interest (maslahah). Accordingly, this study emphasizes the importance of strengthening digital campaign regulations, enhancing supervisory technological capacity, and encouraging broader public involvement to ensure that digital campaign oversight is more effective, just, and aligned with both legal principles and sharia values.
Understanding Indonesia's Baby Bust: Demographic Implications of Marriage Law Reform and Islamic Legal Perspectives Yulizain Putra; Misi Anggraini; Elfia; Zulfan
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v5i1.16816

Abstract

Indonesia has recently experienced declining marriage and fertility rates, raising concerns about an emerging baby bust phenomenon and its long-term demographic implications. This study examines the relationship between Marriage Law No. 16 of 2019, which raised the minimum marriage age to 19 years, and the decline in marriage rates from the perspective of Islamic jurisprudence. Using a qualitative juridical-empirical approach, the study analyzes classical fiqh texts, including Al-Umm, Al-Hidayah, Al-Mudawwanah, and Al-Mughni, alongside marriage statistics published by Statistics Indonesia (BPS) from 2015 to 2023. The findings indicate a significant decline in marriage registrations after the enactment of the law, particularly among young adults, potentially contributing to delayed family formation and lower fertility rates. Classical Islamic jurists generally regard marriage as a means of protecting lineage (hifz al-nasl) while recognizing public welfare (maslahah) as a basis for legal regulation. The study argues that the law supports child protection objectives but may generate unintended demographic consequences when not accompanied by adequate social and economic support. It recommends strengthening premarital education, expanding support programs for young families, and enhancing policy coordination between government institutions and religious authorities.
Implementation of Sharia Peer To Peer (P2P) Lending reviewed from the Principles of Tabadul Al Manafi and An Taradin Riki Maulana; Neng Cahya Komala
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

The rapid advancement of technology has significantly simplified access to various services, particularly within the financial industry. One notable development is the emergence and rapid growth of sharia-based peer-to-peer (P2P) lending fintech in Indonesia. This sub-sector represents an innovative approach adopted by financial institutions to facilitate financing and investment activities through digital platforms, thereby enhancing efficiency, accessibility, and financial inclusion. Nevertheless, in the context of Islamic economics, the pursuit of benefit (maslahah) remains the fundamental objective of all economic activities and must be consistently upheld. Accordingly, sharia-based P2P lending fintech is required to comply strictly with Islamic legal and ethical principles to ensure that its operations do not deviate from sharia norms. This study seeks to evaluate and examine the mechanisms of sharia-compliant P2P lending fintech by applying the principles of tabādul al-manāfi’ (mutual exchange of benefits) and an-tarāḍin (mutual consent among contracting parties). Using a normative legal research method, this study analyzes relevant statutory regulations, sharia guidelines, and legal doctrines. The analysis is conducted through a conceptual and evaluative approach, aiming to assess the extent to which existing fintech practices align with established sharia principles and contribute to equitable and ethical financial transactions.
Disparity in Judges' Considerations in Divorce Suits Due to Lack of Support (Study of Decisions No. 130/Pdt.G/2026/PA.Wsb and No. 95/Pdt.G/2026/PA.Wsb) Mukhammad Khabibullah Idris
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

This study examines the disparity of judges' legal reasoning in divorce lawsuits due to lack of maintenance, focusing on Decision Number 130/Pdt.G/2026/PA.Wsb and Decision Number 95/Pdt.G/2026/PA.Wsb at the Religious Court of Wonosobo. The problem addressed is the inconsistency in interpreting the element of “failure to provide maintenance,” which leads to different legal constructions despite similar grounds of claim. This research employs a qualitative method with a normative juridical approach using secondary data, including court decisions, statutory regulations, and relevant literature. The analysis uses a comparative descriptive method based on the theory of legal certainty, justice, and expediency. The findings reveal that both decisions consider philosophical, juridical, and sociological aspects; however, they differ in legal reasoning. Decision Number 130 emphasizes the violation of taklik talak and applies khulu' with compensation, while Decision Number 95 focuses on continuous marital conflict and results in talak ba'in sughra. These differences indicate that judges exercise discretionary power in interpreting legal norms based on factual circumstances, particularly regarding the duration and impact of neglect. Consequently, such disparities affect legal certainty and the level of protection afforded to wives. The study concludes that clearer parameters are needed in assessing “failure to provide maintenance” to ensure consistency, fairness, and stronger legal protection within the religious court system.
Maṣlaḥah-Based Legitimacy of Expanding Fī Sabīlillāh in Zakat: Yusuf al-Qaradhawi's Ijtihād in the Digital Age Muhammad Akmalul Rizal; Muhammad Sidqi Abdurrahman; Rahmat Hidayat Rumdainis
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

This article examines the ijtihād of Yusuf al-Qaradhawi in expanding the meaning of fī sabīlillāh as a category of zakat recipients through the framework of maqāṣid al-syarī‘ah, particularly the concept of maṣlaḥah. While previous studies have explored the methodological aspects of al-Qaradhawi’s expansion of jihād from military to intellectual, educational, social, economic, and political domains, its normative legitimacy in relation to the preservation of religion (ḥifẓ al-dīn) in the digital age remains underexplored. Employing qualitative library research with content analysis, this study finds that: (1) al-Qaradhawi’s ijtihād is firmly grounded in maṣlaḥah, particularly the notion of urgent necessity (al-maṣlaḥah al-mulḥiḥah) in responding to intellectual and cultural warfare (al-ghazw al-fikrī wa al-tsaqāfī); (2) the six categories of activities he legitimizes—da‘wah institutions, Islamic research centers, Islamic media, publications, cadre training, and support for persecuted preachers—directly contribute to ḥifẓ al-dīn; and (3) these activities, originally situated within maṣlaḥah ḥājiyyah, have evolved into ḍarūriyyah in the context of digital disruption. This study contributes to contemporary ijtihād discourse by demonstrating that contextual expansion of textual meanings can be normatively justified when aligned with higher objectives of the Sharī‘ah, particularly under conditions of epistemic contestation in digital environments.a
Application of The Law and The Implications of Imposing Chemical Castration in Judgment No. 895/Pid.Sus/2023/Pn.Bjm From The Perspective of Legal Positivism Wahyu Kurniawan; Ulfia Pamujiningsih
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

The phenomenon of implementing chemical castration as an additional penalty in the Banjarmasin District Court Decision Number 859/Pid.Sus/2023/PN Bjm has sparked serious debate within the realm of criminal law, particularly when examined through the perspective of legal positivism, which emphasizes the supremacy of written norms over moral and social considerations. Utilizing a normative juridical approach through case and statute analysis, this study examines the consistency of legal application by judges in sentencing perpetrators of sexual violence against children. The results of the analysis indicate that while the application of Article 81 paragraph (3) of Law Number 17 of 2016 was appropriate for the principal penalty, the imposition of chemical castration lacked a valid legal basis as stipulated in Article 81 paragraphs (4) and (5). This discrepancy poses significant issues regarding the principle of legality, legal certainty, and the protection of human rights. Conceptually, these findings affirm that a rigid application of legal positivism has the potential to obscure substantive justice values, which should serve as the essence of every judicial decision.
The Inheritance of Dzawil Arham According to Imam Syafi'i in The View of Maqashid Syari'ah Zul Atril; Zulkifli; Muliyadi Thaib, M. A
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

Divergent views on the inheritance rights of dhawu al-arham (distant kindred) remain a significant issue in Islamic inheritance law, particularly regarding Imam Shafi'i's position, which excludes them from inheritance even in the absence of dhawu al-furudh (fixed-share heirs) and ashabah (residuary heirs). This study analyzes Imam Shafi'i's perspective and evaluates it through the framework of maqasid al-shari'ah. Employing library research with a qualitative analytical approach, the study uses classical Shafi'i legal texts as primary sources and contemporary books and scholarly articles as secondary sources. The findings show that inheritance rights are limited to dhawu al-furudh and ashabah, based on legally recognized causes of inheritance: lineage (nasab), marriage, and al-wala' (patronage). Because no explicit Sharia text assigns a share to dhawu al-arham, they are excluded from inheritance. When no eligible heirs exist, the estate is transferred to the Baitul Mal (public treasury) for public benefit. From the perspective of maqasid al-shari'ah, Imam Shafi'i's view upholds the protection of wealth (hifzh al-mal), legal certainty, and the prevention of harm through adherence to established Sharia principles. contemporary public sphere, rather than viewing it merely as an administrative issue in the halal certification process.
Law Enforcement Barriers to Cross-Border Cybercrime in Indonesia: A Comparative Study with the Philippines Fadhli Muhaimin Ishaq
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

Cross-border cybercrime poses significant challenges to national law enforcement because digital offenses transcend territorial jurisdictions and rely on volatile electronic evidence. In Indonesia, enforcement remains hindered by fragmented jurisdiction, limited digital forensic capacity, weak mutual legal assistance mechanisms, constrained extradition arrangements, and incomplete harmonization of domestic law with international standards. This article examines these challenges through Lawrence Friedman’s Legal System Theory, focusing on the dimensions of legal structure, legal substance, and legal culture. Employing normative legal research with statute and comparative approaches, the study analyzes primary legal materials, including Law No. 1 of 2024 amending the Electronic Information and Transactions Law, Law No. 27 of 2022 on Personal Data Protection, Law No. 1 of 2023 on the Criminal Code, and the 2001 Budapest Convention on Cybercrime, supported by relevant secondary sources. The findings reveal that Indonesia’s enforcement difficulties arise not only from incomplete legal harmonization but also from weak procedural mechanisms for cross-border electronic evidence, limited institutional capacity, inadequate digital forensic resources, and ineffective international cooperation. A comparison with the Philippines, the only ASEAN member state to have ratified the Budapest Convention, shows that ratification facilitates access to international cooperation and capacity-building programs but does not automatically ensure effective enforcement, as significant implementation gaps remain. The study therefore recommends Indonesia’s conditional ratification of the Budapest Convention through reservation mechanisms that safeguard digital sovereignty, particularly regarding Article 32, accompanied by targeted amendments to the Electronic Information and Transactions Law and the Personal Data Protection Law to strengthen domestic enforcement capacity.

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