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Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam
Published by Universitas Islam Sultan Agung
ISSN : 25976168     EISSN : 25976176     DOI : https://doi.org/10.30659/jua.v%i%
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam (JUA) is focused to the examination of contemporary issues in Religious Studies through both qualitative and quantitative research methodologies across various domains, including social, religious, economic, cultural, political, and legal contexts. The journal employs an Islamic legal framework that encompasses Islamic Jurisprudence (Fiqh), Islamic Law Methodology (Ushul Fiqh), the Objectives of Islamic Law (Maqashid Sharia), and Islamic Legal Philosophy, drawing upon the theories of both classical and contemporary Islamic scholars. The scope of research articles published in the JUA encompasses the following areas: Social and Cultural Studies: Examination of marriage traditions, divorce, customary laws, policies, and related issues. Religious Studies: Exploration of Islamic astronomy, the halal industry, government policies, zakat, waqf and associated topics. Economic Studies: Analysis of the Islamic economy, Islamic banking law and pertinent issues. Political Studies: Investigation of Islamic political systems and other related matters. Legal Studies: Review of marriage law, inheritance law, Islamic economic law, family law, civil law, comparative law and additional legal concerns.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
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Search results for , issue "Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025" : 8 Documents clear
Negotiating Islamic Marriage Values in the Digital Age: An Analysis of Generation Z Muslims through the Lens of Maqashid al-Usrah Fadhilah, Nur; Masruchah, Siti; Sa'adah, Mazro'atus; Hidayati, Nuril; Ashfiya, Hamadah
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.48228

Abstract

Digital platforms have increasingly reshaped the ethical and relational landscape of Muslim youth, raising concerns about how online environments influence their understanding of Islamic values, particularly in relation to marriage. In response to this issue, the present study investigates how Muslim Generation Z interprets and negotiates Islamic marital ideals within the digital sphere, focusing on TikTok as a contested arena for ethical and religious discourse. Guided by Jamaluddin Athiyah's framework of maqashid al-usrah, the research explores how Muslim Generation Z constructs and represents marriage values—including affection and mercy, financial maintenance, protection from harm, and justice within the household—and how algorithmic mediation influences these interpretations. Employing a qualitative design that combines netnography, discourse analysis, and in-depth interviews with 15 informants, this study integrates digital observations and documentary evidence. The findings reveal that TikTok serves both as a platform for ethical affirmation and as a site of normative distortion: while affection and mercy are expressed through acts of care, financial anxieties and distorted portrayals of patience risk normalising injustice. The novelty of this study lies in the application of maqashid al-usrah to digital ethnography, offering new insights into the intersection of Islamic ethics and algorithmic culture. Scientifically, it contributes to the field of Islamic family law studies by demonstrating the adaptability of maqashid-based frameworks to digital contexts. The study recommends promoting digital literacy rooted in Islamic ethics to strengthen family resilience and safeguard moral integrity in the digital age.
The Tradition of Maantaan Sala in Nagari Guguak Malalo: An Analysis of ‘Urf as a Method of Derivation in Islamic Law Ulfa, Rusda; Azwar, Zainal
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.46536

Abstract

The Maantaan Sala tradition in Nagari Guguak Malalo, West Sumatra, represents a customary engagement ceremony in which the bride’s family presents special dishes to the groom’s family. This study seeks to examine the Maantaan Sala tradition through the lens of ‘urf (custom) as a source of Islamic law, with the aim of assessing its conformity with the principles of sharia and the values of public benefit (mashlahah). This research adopts a qualitative field approach, utilising primary data collected through semi-structured interviews with traditional leaders (Ninik Mamak) and the Head of the Customary Council (KAN). Secondary data includes customary documents (Adaik Salingka Nagari Guguak Malalo), books, and academic journals. The data were analysed descriptively through three stages: interview transcription, data coding, and interpretation based on ‘urf theory in Islamic law. The findings indicate that Maantaan Sala functions as a formal public declaration of engagement that embodies social and religious values, including the upholding of honour, the strengthening of kinship ties, the demonstration of filial respect, and the prevention of “a proposal over another proposal,” which is prohibited in Islam. Philosophically, the offering of traditional dishes such as talam samba, which contains rendang, bubua kuniang (yellow sticky rice), and sirih pinang (betel quid), symbolizes honour, prudence, and respect for parental values—principles that align with Islamic moral teachings. According to ‘urf theory, this tradition qualifies as ‘urf shahih (valid custom) due to its widespread acceptance, continuous practice, social benefits, and lack of contradiction with sharia texts. Academically, this study contributes to the enrichment of socio-cultural fiqh scholarship and opens avenues for further research on the living values of Islamic law within local customary traditions.
The Role of Traditional Kyai in Mitigating Early Marriage in Indonesia: An Analysis of a Social Phenomenon within the Maslahah Framework Masiroh, Siti; Harisudin, M. Noor; Ridlo, Mokhamad Ali
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.42330

Abstract

Early marriage remains a significant issue that necessitates an optimal and sustainable prevention programme. Researchers are particularly interested in exploring the social role of Kiai, who are directly involved in these prevention initiatives. Kiai possess a keen awareness of their positions as religious leaders within the community and actively engage, participate, and contribute substantially to early marriage prevention programmes. This study focuses on three primary areas: the prevalence of early marriage and its associated prevention programme in Lamongan Regency, the prevention of early marriage based on maslahah, and the social role of Kiai in mitigating early marriage. The research methodology employed in this article is qualitative, incorporating field research. Data collection methods include observation, interviews, and document analysis, utilising a phenomenological approach. The findings of the study yield several important insights. Firstly, the prevention of early marriage in Lamongan Regency involves five governmental agencies: DPPKB, DPPPA, Religious Courts, Guidance for Religious Affairs, and KUA. However, strategic actors who engage directly with the community are only partially involved. Secondly, based on the analysis of maslahah, the prevention of early marriage is seen to encompass benefits that align with the objectives of Islamic law, including the preservation of religion, life, lineage, reason, and wealth. Thirdly, the social roles of Kiai are represented across seven components: social position, social function, expectations, social interaction, familial and community roles, social participation, and social contribution.
The Significance of Maslahah as a Legal Consideration in Family Inheritance Mujab, Sayful; Rahma, Nabila Luthvita
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.37226

Abstract

Inheritance law in Indonesia fundamentally constitutes a form of private law predicated on the agreements among heirs who maintain familial ties (by blood). The uniqueness of this study lies in the concept of inheritance being grounded in kinship, wherein relatives (neighbours) voluntarily allocate portions of their property to compensate for the estate of the deceased heir to the legal heirs. This study aims to investigate: 1) the implementation of inheritance based on kinship that occurs in the village of Margoyoso, Jepara, Central Java, and 2) an examination of Islamic law and Maslahah Mursalah concerning the implementation of inheritance. This research adopts a field study approach, employing interviews with blood heirs, religious leaders, and relevant relatives, as well as various villagers serving as informants. The findings indicate that: 1) the implementation of inheritance arises from the close kinship among the testator, heirs, and relatives, which leads to relatives willingly transferring their assets to the heirs. This process is further facilitated by negotiations among family members until a consensus is reached. 2) In accordance with Islamic inheritance law, the practice of inheritance based on kinship is not in contravention of Islamic inheritance law (faraidh), as all heirs receive their rights in alignment with established provisions. Furthermore, from the perspective of maslahah mursalah, the implementation of inheritance adheres to Islamic law as it aims to fulfil Sharia objectives, specifically the preservation of property, the maintenance of social relations, and the promotion of public peace.
The Role of Women's Equality in Government Programs: An Analysis from the Perspective of Qira'ah Mubadalah Najib, Afifun; Sugianto, Sugianto
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.48460

Abstract

Women are frequently marginalised as a gender that receives less recognition in social life, particularly in patriarchal societies. In comparison to men, women experience unequal treatment across various domains, both in societal contexts and within governmental structures. This phenomenon underscores the injustice inherent in the relationship between women and men. However, this does not imply that women's opportunities to assume leadership roles are entirely obstructed. This paper employs the Qira'ah Mubadalah perspective, which emphasises the values of equality and justice for women, thereby promoting equitable relationships between women and men. It integrates sociological aspects to analyse women's equality in the implementation of the Family Hope Program within society. This study adopts a qualitative approach, utilising an empirical-sociological method. Primary data were gathered through field interviews, while secondary data were sourced from the implementation guidelines of the Family Hope Program, academic journals, and relevant legislation. The findings of the study indicate that women play a crucial role in the governmental initiative, the Family Hope Program. The role of women's leadership aligns with the principle of mutual Qira'ah Mubadalah, which accommodates and reinforces the relationship of equality and justice between men and women in the public sphere. Furthermore, it highlights the equality and justice of women's gender roles in supporting the division of household responsibilities alongside men, as well as the values of mutuality between spouses in families benefiting from the Family Hope Program. Additionally, this study enhances the understanding of community members and policymakers regarding the significance of mutuality between husbands and wives, advocating for an equitable and fair distribution of household tasks, and promoting family law literacy. The development of this paper may further investigate the role of women's equality in other strategic governmental programmes.
Non-Muslim Divorce Practices in Indonesia: An Examination of Court Procedures and Religious Norms in the Light of Islamic Law Abdoeh, Nor Mohammad; Riyanta, Riyanta; Wahyuni, Sri
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.47045

Abstract

In countries with a Muslim-majority population, legal systems often distinguish between Muslims and non-Muslims, particularly in matters of marriage and divorce. This differentiation creates a structural gap for non-Muslims seeking justice in divorce proceedings, as their rights are frequently not accommodated on an equal basis. The primary objective of this article is to examine the application of Haqq al-Insani al-Asasi within non-Muslim divorce cases in Indonesia, focusing on the implementation of the core Islamic values of justice (al-'adl), equality (al-musawah), and human dignity (karamah insaniyyah). This research employs a qualitative prescriptive design with a normative-juridical approach, drawing upon both literature review and judicial decisions as primary data sources. The study analyses 18 District Court rulings from various regions, including Semarang, Salatiga, Cirebon, Kediri, Magelang, Singkawang, Bekasi, and Manado, to assess how Indonesia’s pluralistic legal system accommodates minority rights within its judicial structure. The framework of Islamic Legal Thought concerning justice, equality, and human dignity serves as the methodological tool for analysing the findings, with data primarily derived from official court documents. The results reveal that the application of Haqq al-Insani al-Asasi in non-Muslim divorce cases remains procedural and formalistic, falling short of achieving substantive justice. Court decisions tend to emphasise factual and administrative aspects while neglecting the moral and theological dimensions inherent in the institution of marriage. This leads to a moral legal dissonance, whereby non-Muslim litigants obtain legal certainty but remain spiritually bound according to their faith traditions. The study identifies three primary challenges: the gap between positive law and religious morality, the structural inequality of Indonesia’s dual-court system, and the limited ethical and spiritual sensitivity in judicial reasoning. These findings underscore the need for a more inclusive, human-centred, and substantively just legal reform that bridges state law and moral theology within Indonesia’s pluralistic judicial context.
Legal Literacy and Cultural Awareness in the Inheritance System: An Islamic Law Study of Indigenous Muslim Communities in West Nusa Tenggara Hasanah, Siti; Hayati, Mardiyah
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.47091

Abstract

The variation in inheritance practices among indigenous Muslim communities in West Nusa Tenggara (NTB) Indonesia reflects a dynamic interaction between Islamic legal norms and local traditions. Although the Islamic inheritance law system (faraid) is widely recognised, its implementation is often adapted to customary values and family deliberation to preserve social harmony. This raises the question of how legal literacy and cultural awareness influence the choice of inheritance systems. This study analyses the dynamics of legal literacy and cultural awareness in the inheritance practices of the Sasak, Samawa, and Mbojo peoples. A qualitative approach with an exploratory case study design was employed to examine the interaction between Islamic legal principles and customary values. Data were obtained through in-depth interviews with customary leaders, religious figures, heirs, and village officials, supported by customary law documents, inheritance records, and academic literature. The data were analysed inductively using reduction, categorisation, and thematic interpretation based on the theories of legal pluralism, the objective of Islamic law (maqhasid al-syari'ah), and valid custom ('urf sahih). The findings reveal that varying levels of legal literacy shape contextual interpretations of Islamic inheritance law. The integration of maqhasid al-syari'ah and 'urf sahih preserves protection of wealth (hifz al-mal) and preservation of lineage(hifz al-nasl), demonstrating that Islamic law adapts to local socio-cultural contexts. The novelty of this research lies in mapping the interrelation between legal literacy, cultural awareness, and inheritance practices as a form of community-based on collective legal reasioning (ijtihad jama'i). Scientifically, this study strengthens Islamic legal pluralism, enriches the anthropological approach to Muslim family law, and recommends enhancing community-based legal literacy and contextual inheritance mediation.
The Practice of Hilah in Contemporary Islamic Transactions and Finance: Between Legal Engineering and Sharia Objectives Sunaryo, Agus; Zain, Muhammad Fuad; Rajafi, Ahmad; Zein, Anwar
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 9, No 1 (2025): Vol. 9, No. 1, October 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v9i1.47682

Abstract

Hilah is one of the essential concepts in the corpus of Islamic law, referring to a legal strategy employed to circumvent specific prohibitions without explicitly violating the textual provisions (nash). In the contemporary context, particularly within Islamic commercial law and modern Islamic finance, the concept of hilah has been extensively applied in financial products such as murabahah, tawarruq, and ijarah muntahiyah bi al-tamlik. This article aims to critically examine the implementation of hilah in modern Islamic economic practices and assess its alignment with maqashid sharia. The research adopts a normative juridical approach, employing content analysis of classical fiqh literature, contemporary fatwas issued by authoritative bodies such as the National Sharia Council-Indonesian Ulema Council and the Accounting and Auditing Organizations for Islamic Financial Institutions (AAOIFI), along with case studies from Islamic financial institutions. The findings reveal that although hilah may serve as a flexible legal instrument that offers certain benefits (maslahah) under specific circumstances, its manipulative use, particularly when driven solely by economic gain, can undermine the integrity and spirit of Islamic law. In practice, excessive reliance on hilah risks disguising forms of usury and compromising core principles of Islamic finance, such as justice, transparency, and protection for vulnerable parties. Therefore, strengthening regulatory and ethical frameworks in the development of Islamic financial products is imperative. Emphasis must be placed on a maqashid-oriented approach in assessing the validity of contracts, considering both formal legal compliance and substantive ethical and economic impact. This article recommends formulating fatwa guidelines grounded in maqashid and enhancing sharia literacy among practitioners in Islamic finance.

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