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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 Representation of Fiqh Values in the Translation of Moral and Ethical Terminology in the Book Fiqh an-Nisā’ Imama Nur Layliyah; Nurul Aini Octavia
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 translation of fiqh books presents challenges in transferring normative terms that convey legal and ethical values into the target language. The main issue addressed in this study is how fiqh values are represented in the translation of moral and ethical criteria terms found in the Arabic text Fiqh an-Nisā’. This study aims to examine the translation patterns employed and how the translator balances the accuracy of legal meanings with readers’ comprehensibility. The research applies a qualitative descriptive method using two data sources: the Arabic text Fiqh an-Nisā’ and its Indonesian translation, Fiqih Wanita Empat Madzhab. The data consist of terms belonging to the category of moral and ethical criteria, which were collected through observation and note-taking techniques, and then analyzed based on the equivalence of form, meaning, and function. The findings reveal three patterns in representing fiqh values: partial negotiation, full resistance, and partial resistance. Full resistance preserves fiqh terms in their original form, partial negotiation adjusts form and meaning to make them more communicative, while partial resistance retains some normative values with certain shifts. These findings indicate that the translator seeks to balance terminological accuracy with ease of understanding in the translation of fiqh texts.
Religious Court Judges’ Ratio Decidendi on Excessive Murabahah Penalties: A Rawlsian Analysis Aji Saifulloh Aji; Muhammad Fakhril Umam
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.v5i1.16878

Abstract

This study analyzes the judges’ ratio decidendi in Decision Number 156/Pdt.G/2024/PA.Smn concerning the imposition of late-payment penalties exceeding the principal amount in a murabahah financing contract and examines its conformity with John Rawls’ theory of justice. This normative legal research employs case and conceptual approaches. The primary legal material is Decision Number 156/Pdt.G/2024/PA.Smn, while secondary materials consist of DSN-MUI Fatwas and relevant scholarly literature. Data were analyzed qualitatively through legal interpretation of the judges’ reasoning and the principles of justice underlying the decision. The findings show that the judges’ ratio decidendi was based on the principle of pacta sunt servanda, emphasizing contractual legal certainty and the binding force of agreements. Consequently, the court ordered the payment of the remaining financing obligation of Rp209,700,000 and a late-payment penalty of Rp226,800,000. However, from the perspective of John Rawls’ theory of justice, the decision does not fully reflect substantive justice because it inadequately considers the defendants’ economic hardship caused by the Covid-19 pandemic. The decision therefore reflects legal-formal justice and highlights the need to balance legal certainty, proportionality, and protection of vulnerable parties in resolving Islamic economic disputes.
The Role of Fiqh Principles in Resolving Contemporary Family Issues Samsul Arifin
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 role of fiqh principles in addressing contemporary family issues arising from globalization, technological development, and changing social dynamics that increasingly challenge the realization of a sakinah, mawaddah, wa rahmah family. Using a qualitative approach with a literature study design, the research analyzes primary sources, including Ihya’ Ulumiddin and Al-Faraidul Bahiyyah, supported by books, journal articles, and other scholarly works on Islamic family law. Data were collected through library research and analyzed descriptively to identify the application of relevant fiqh principles to contemporary family disputes. The findings reveal three principal fiqh maxims that provide a methodological framework for judicial decision-making. First, la darara wa la dirara justifies divorce in cases of domestic violence to eliminate harm. Second, al-mashaqqah tajlib al-taysir enables judges to prioritize children's welfare by allowing flexibility in child custody decisions when strict legal rules create hardship. Third, dar’u al-mafasid muqaddam ‘ala jalb al-masalih guides judges in balancing competing interests in marriage dispensation cases by prioritizing the prevention of greater harm over the attainment of potential benefits. These principles demonstrate that fiqh maxims remain relevant as adaptive legal instruments for resolving contemporary family issues while preserving the objectives of Islamic law.
The Principle of Non-Discrimination in Islamic Criminal Law: An Analysis of Qur’anic Verses on Theft Muhammad Baihaqqi Assalimi; Agustiar; Ahmad Zikri
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 principle of non-discrimination in Islamic criminal law, specifically through a comprehensive analysis of the wording of Qur’anic verses related to the criminal act of theft (sariqah). The main issue of this study stems from the discourse regarding the simultaneous mention of male and female perpetrators, which is intended to represent equality; however, the grammatical structure of the verse prioritizes the mention of the male subject. Therefore, the central research question is whether this textual structure implies gender bias or, conversely, inherently affirms equality before the law. This study employs a qualitative method based on a literature review. Data analysis was conducted by integrating approaches from the sciences of tafsir, uṣūl al-fiqh, and maqāṣid al-syarī‘ah, and was further supported by an examination of empirical data. The results of the study indicate that the verse explicitly underscores the universality of binding criminal liability without distinguishing by gender, in line with the principle of equality before the law. As for the phrasing that prioritizes men, it must be understood contextually based on the empirical reality of perpetrator dominance, biological-psychological predispositions, and socio-economic responsibilities. Thus, the construction of this verse is not discriminatory but rather reflects substantive justice in Islamic law. Theoretically, this finding implies the importance of integrating a linguistic approach (naṣṣ) with sociological realities to refute gender-biased narratives. This study recommends a holistic contextual approach for legal scholars and practitioners in interpreting Sharia texts to avoid misconceptions of gender injustice.
Beyond Legalism in Maqasid Al-Shariah: Integrating Theology, Philosophy, and Law for Contemporary Global Governance Sidiq Siadio; Dahyul Daipon; Novelantika
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 responds to the lack of an integrated epistemological framework in Maqasid al-Shariah scholarship, where theological, philosophical, and legal dimensions are frequently treated as discrete and self-contained domains. Prevailing approaches tend to prioritize legal formalism or adopt fragmented disciplinary perspectives, thereby constraining the capacity of maqasid to address contemporary global concerns such as human rights, social justice, and ethical governance in a systematic manner. The article seeks to reconstruct Maqasid al-Shariah through an interdisciplinary epistemological framework that coherently integrates theology, philosophy, and law. Methodologically, the study employs qualitative conceptual analysis grounded in a maqasid-oriented epistemology, complemented by a critical–comparative examination of selected classical scholars (al-Ghazali, al-Shatibi, and Ibn Rushd) alongside representative contemporary maqasid discourses. The analysis is guided by clearly articulated conceptual criteria, including modes of theological legitimation, the role of philosophical rationality in ethical justification, and the degree to which maqasid is confined to juridical instrumentalization. The findings indicate that the persistent separation of these disciplines generates three analytically identifiable structural limitations: theological rigidity, philosophical marginalization, and legal reductionism. These categories are derived inductively from recurring patterns of reasoning and argumentation observed across the examined texts, rather than from a priori normative assumptions. Collectively, these limitations inhibit maqasid from operating as a dynamic, context-responsive, and globally relevant normative framework.This study contributes to maqasid scholarship by proposing a reconstructed model in which theology furnishes normative legitimacy, philosophy secures rational universality, and law operationalizes ethical principles within institutional and regulatory contexts. By clarifying both the epistemological foundations and the analytical basis of maqasid, the proposed model advances Maqasid al-Shariah as a comprehensive paradigm capable of engaging complex global ethical challenges beyond the confines of traditional legalism.
Tijārah in Colonial and Contemporary Qur’anic Translations: Meaning Transformation and Implications for Islamic Economic Law Understanding Muhamad Saiful Mukminin; Muhammad Habibie Alfath
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

Differences and changes in meaning in the translation of Qur’anic terms have the potential to influence the understanding of religious concepts, particularly in the field of Islamic economic law. Using a qualitative approach, this study explores the transformation of the meaning of tijārah in Qur’anic translations across two versions, namely the colonial and contemporary translations, and analyzes the factors causing this transformation as well as its implications for the understanding and construction of Islamic economic law. The data of this study consist of the word tijārah in the Qur’an along with its two translation versions, namely the colonial translation by Mahmud Yunus and the contemporary translation by the Ministry of Religious Affairs of the Republic of Indonesia. The data collection technique employs observation and note-taking methods, while data analysis is conducted through data reduction, data display, and conclusion drawing. The findings reveal three patterns of transformation, namely stability, de-explicitation, and lexical shift. These transformations are influenced by translation ideology, language development, socio-historical context, and the epistemology of Islamic law. This study concludes that translation is ideological in nature and has implications for the understanding of contracts (ʿaqd), the concept of profit, legal flexibility, and the space for contemporary ijtihād in Islamic economic law.
Product Naming as a Business Communication Practice: Legal and Islamic Business Ethics Perspectives on Products Inconsistent with Shari’ah Principles Dodon Alfiander; Elimartati; Sulastri Caniago; Yustiloviani
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 naming (labelling) of food and beverage products is not merely a matter of marketing strategy but also encompasses legal, ethical, and moral dimensions within the Muslim community. The growing trend of using distinctive and unconventional product names that reference alcoholic beverages, prohibited animals, symbols of disbelief (kufr), or erotic elements raises important concerns regarding honesty, manipulation, and business actors' compliance with the principles of Islamic law (Shari’ah). This study employs a library research method using a normative approach to examine the regulations governing the Halal Product Assurance System, the Decree of the Halal Product Assurance Organizing Agency (BPJPH) on the Halal Product Assurance System, technical standards for halal food, and the fatwas of the Indonesian Ulama Council (MUI) concerning product names, forms, and packaging, complemented by the literature on Islamic business ethics. The findings demonstrate that product names inconsistent with Shari’ah principles have the potential to violate both statutory regulations and religious fatwas while simultaneously disregarding the principles of justice, honesty, and transparency that underpin Islamic business ethics. Furthermore, such practices contribute to the social normalization of symbols that contradict the values of halal and halalan thayyiban, thereby diminishing society's moral sensitivity to the distinction between what is lawful (halal) and unlawful (haram). The novelty of this study lies in positioning product naming as a form of commercial communication that directly influences public perception, social habituation, and the preservation of maqashid al-Shari’ah within the contemporary public sphere, rather than viewing it merely as an administrative issue in the halal certification process.

Page 8 of 8 | Total Record : 77

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