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Mohammad Noviani Ardi
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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 126 Documents
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Development of Progressive Islamic Law in Indonesia Regarding ‘Apostasy’ as Grounds for Divorce: Insights from Maqasid Sharia Huda, Miftakhul; Shofia, Niska; Solehudin, Ending; Rozikin, Opik; Ahyani, Hisam
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 1 (2022): Vol. 6, No. 1, October 2022
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i1.36754

Abstract

The development of Islamic law in Indonesia, particularly concerning apostasy as a cause of divorce, is significant in the evolution of Islamic law. The complexity of Indonesia's social and legal system poses challenges in integrating Islamic values with societal diversity. This research aims to understand the development of Islamic law in Indonesia regarding apostasy issues through the analysis of maqasid sharia. Using a descriptive-analytical approach, data from various sources are examined to understand the development of Islamic law in Indonesia, focusing on the implications of maqasid sharia regarding apostasy as a reason for divorce. Findings indicate that progressive Islamic law development in Indonesia emphasizes a balance between religion and individual justice, protecting individual rights in divorce and seeking fair solutions through legal reforms considering the principles of maqasid sharia.
Family Resilience in Coastal Java Communities in the Context of Climate Change: Perspectives from Walsh and Islamic Law Zaenurrosyid, A; Azhar, Alias; Hasanah, Uswatun; Sholihah, Hidayatus
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.35062

Abstract

This study aims to explore various patterns of family resilience influenced by diverse interpretations of fiqh within Javanese coastal Muslim communities. The significance of this study is underscored by the impact of climate change along the north coast of Java, particularly due to the cross-national toll road project, which causes tidal flooding in Bonang, Demak, affecting family resilience in the coastal areas of Java. This qualitative research employs a socio-anthropological approach alongside Islamic law. Data were collected from religious leaders (kyai), village officials, and Muslim families across four coastal villages in Bonang, Demak, Central Java. The data collection techniques included semi-structured interviews and direct observation, supplemented by relevant documents and references. The research identifies three primary findings: Firstly, various forms of resilience among coastal Muslim families in North Java are uniquely shaped by the impacts of climate change. Secondly, the effects of climate change have fostered a new understanding that emphasizes integration and equality in the rights and responsibilities of husbands and wives. Thirdly, the family resilience models of coastal communities in the islands of Java are based on interpretations of family fiqh influenced by economic capacity, education, and social networks. This study contributes to the development of a dynamic understanding of fiqh that impacts the resilience of coastal community families in adapting to the challenges posed by climate change. Further recommendations include strengthening the economic capacity of coastal families through the provision of progressive education to enhance the religious and social resilience networks of coastal Muslim families.
How Aware is Generation Z of Waqf? A Quantitative Study on Maqashid among Indonesian Muslim Students Rachmawati, Andini; Rofiqo, Azidni; Mudi Awalia, Fadhila Tianti; Aqidah, Nurul
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.38478

Abstract

This study aims to measure the influence of waqf literacy, relative advantage, religiosity, and attitude on waqf intention among Generation Z, specifically Muslim university students in Indonesia. The respondents were 505 Gen-Z students, specifically Muslim students born between 1996 and 2012 in Indonesia who have ever donated to waqf, with primary data collected through questionnaires and analyzed using the Structural Equation Modelling-Partial Least Squares (SEM-PLS) technique. In addition, the data were also analyzed using maqashid sharia theory to see the impact of waqf benefits on individuals and society in general. The results show that waqf literacy, perceived benefits of waqf activities, and religiosity level positively contribute to individuals' attitudes towards waqf, influencing Generation Z's intention to participate in waqf activities. As a form of charity derived from the Prophet Muhammad's sunnah, waqf is essential in achieving the maqashid, particularly in protecting wealth (hifz al-mal) and improving social welfare. Therefore, increasing waqf literacy through programs such as the Indonesian Waqf Awareness Movement (GISWAF), as well as improving convenience, accessibility, and regulatory clarity in waqf practices, are proposed to strengthen positive attitudes towards waqf and encourage greater participation of Generation Z in waqf activities.
Addressing Inheritance and Divorce Disputes in Deathbed Situations: A Maslahah-Based Study of South Africa’s Muslim Minority Abduroaf, Muneer; Ceres, Mogamat Soliegh
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.36782

Abstract

South Africa features a blend of legislative regulations, customary laws, and evolving legal principles. This dynamic becomes especially complex for the small Muslim community, which must also adhere to Islamic Law, particularly in matters of inheritance distribution. Currently, South African legal references regarding inheritance under Islamic law are limited. This article seeks to analyze a specific inheritance case in which a husband, on his deathbed, has two wives, a son, and a daughter. The first wife was divorced while he was on his deathbed, and during this period, he married another woman before ultimately passing away. In his will, the husband stipulated that the estate should be distributed according to Islamic law, thus entitling his legitimate wife to inheritance. This study employs descriptive qualitative research using scenario-thinking methods to explore potential future outcomes for which no legal precedent exists. In analyzing this case, the concept of public interest (maslahah) emerges as a relevant theory aligned with the principle of justice. Various scholarly opinions from Islamic legal schools were also utilized in the analysis. The article recommends that the South African Muslim Judicial Council prioritize maslahah, proposing that both wives share 3/24 of the estate, the son receive 14/24, and the daughter receive 7/24. Although this decision has not yet been formally recognized in Islamic law, it can be viewed as an act of independent reasoning (ijtihad) based on the principle of justice through the approach of public interest without specific textual evidence (maslahah mursalah). Additionally, rationalized public interest (maslahah ma’qul al-ma’na) was applied to allocate inheritance to the first wife, acknowledging her extended time with the deceased husband.
A Study on Hadith Authenticity Concerning the Abrogation of Bequests for Iddah Maintenance by Heirs and Its Relevance to Islamic Family Law in Indonesia Aniroh, Reni Nur; Zinira, Maurisa
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.36880

Abstract

Although Islamic jurists (fiqh scholars) have reached a consensus on the elimination of the provision for iddah maintenance (post-divorce or mourning period support) through inheritance shares upon a husband’s death, the hadith cited as the basis for this elimination remains a subject of debate. This consensus carries sociological, legal, and theological implications that may disadvantage wives, particularly in the aftermath of their husbands' deaths. The purpose of this study is to reassess the authenticity of the hadith concerning the elimination of iddah maintenance via inheritance distribution. This paper employs Abou El Fadl's hermeneutic negotiation approach to scrutinize the authenticity of the hadith regarding the elimination of iddah maintenance and to contextualize it within the Indonesian framework. The findings indicate that the hadith serving as the foundation for this issue is an attributed to a companion rather than the Prophet (mauquf hadith), whose chain of narration (sanad) is contested. Certain narrators are considered unreliable, and there are discrepancies within its text (matn), with multiple versions existing. Consequently, this paper refrains from relying on the doctrine of abrogation (naskh) and supports the view that iddah maintenance following a husband’s death is an option that need not conflict with the wife’s inheritance share. Both iddah maintenance and the wife’s inheritance share can thus be implemented concurrently. The paper posits that, in the Indonesian context, iddah maintenance upon the husband’s death should be regarded as a form of joint property that can be allocated without reducing the wife’s inheritance share. The implementation of both joint property distribution and inheritance safeguards the rights of the wife and her children following the husband's death.
Pre-Trial Analysis of Wilayatul Hisbah Authority in Qanun Criminal Jurisdiction: A Study in Banda Aceh Syar'iyyah Court Delta, Ria
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 6, No 2 (2023): Vol. 6, No. 2, April 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v6i2.28885

Abstract

Pretrial is a request submitted by a suspect, in the event that the actions carried out by law enforcement officials are contrary to the law, both in the investigation and prosecution process or in other words the coercive efforts carried out by investigators are contradictory. with the jinayat procedural law and the Criminal Procedure Code, because it is related to human rights. Pretrial is the authority of the district court to examine and decide whether or not an arrest and/or detention is legal, stop the investigation or stop the prosecution. This research aims to determine the authority of wilayatul hisbah in handling criminal acts by qanun in relation to the criminal justice system in Indonesia (Integrated Criminal Justice System). research through literature studies, but interviews with several informants who are considered to understand cases that occur during the implementation/enforcement of qanuns to the community are still needed. Often there is overlap in the resolution of handling qanun cases between the police and wilayatul hisbah in the same case, resulting in unclear handling of the case. Qanun is part of the Indonesian legal system which only applies in Aceh. The Aceh government can implement and implement Islamic law in social life because it is supported by a dynamic society, however in resolving criminal cases the Qanun experiences many obstacles and is not resolved properly so systemic improvements are needed, because it can enforce effective law. implemented if the 5 (five) Legal Pillars are running well, namely: Legal instruments or law enforcement officers, community members, legal regulations, cultural factors or legal culture, facilities and infrastructure that can support the good implementation of Qanun.
The Urgency of Maslahah in the Formulation of Fatwa and Legislation in Indonesia: An Analytical Study Musfiroh, Mayadina Rohmi; Saqr, Fatma Mohamed Mansour; Syahriar, Alfa
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.37242

Abstract

The concept of public interest (maslahah), as developed by traditional Islamic jurists, is regarded by as gender-neutral. It is essential to incorporate a gender perspective that ensures equitable consideration of maslahah for both men and women in the formulation of fatwas and legislative products. Without this perspective, legal decisions may be biased and unjust. This research aims to analyze the concept of maslahah as articulated by Imam Al-Ghazali, Ash-Syatibi, and the Indonesian Women Ulema Congress (KUPI), and to identify the most pertinent interpretation of maslahah for the formulation of fatwas and legislation in Indonesia. The study employs a qualitative data collection model through literature review and descriptive-comparative data analysis. The primary findings indicate that the concept of maslahah has evolved over time, transitioning from its foundational idea focused on public welfare considerations during the 5th century Hijri to a practical concept that has often overlooked women's experiences as active subjects. In the contemporary context, KUPI expands upon the parameters of benefit established by earlier scholars by incorporating affirmative benefits for women. However, the integration of women's experiences in the formulation of maslahah tends to be contextual rather than universal, influenced by varying situations, conditions, cultures, and diverse contexts. This article contributes to ongoing discussions regarding law-making in Indonesia by highlighting the importance of incorporating aspects of affirmative maslahah for women and vulnerable groups, as well as the necessity to revise existing regulations to enhance affirmative maslahah for women and their families.
Fundraising and Zakat Distribution in Poverty Alleviation in Maruthamunai, Sri Lanka: A Maqashid Sharia Perspective Saujan, Iqbal; Rifas, Abi Huraira; Juhi, MS Fathima
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.40193

Abstract

In Sri Lanka, poverty has been one of the most pressing social issues over the past decade. This research examines zakat fundraising strategies and analyzes zakat distribution patterns in Maruthamunai, Sri Lanka, where Muslims constitute the dominant ethnic group. The current role of zakat in Maruthamunai is crucial in alleviating poverty. Primary data for this study included annual fundraising and distribution reports from the Zakat Fund, covering the years 2019 to 2023. As part of this qualitative research, unstructured interviews were conducted with the president, general secretary, deputy president, assistant secretary, members, and prominent individuals in the region. Data analysis was conducted using coding and is presented descriptively through the maqasid sharia approach. The results of this study indicate that the distribution of zakat funds in Maruthamunai has been less effective due to several factors, including insufficient receipt of zakat funds and inadequately structured internal distribution policies. Policymakers should focus on prioritizing the primary level of welfare needs (mashlahah dharuriyyah). Within this framework, the maqasid sharia perspective emphasizes the development of human resources as a priority over material development. Therefore, despite the relatively high poverty rate, the objectives of preserving religion, safeguarding human life, ensuring generational continuity, protecting intellect, and promoting wealth circulation can still be effectively pursued.
Reinterpreting Iddah for Career Women: Najmuddin Tufi’s Maqashid Sharia Approach Muslim, Nur Aziz; Taeali, Asman; Renaldi, Frisna Septian
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.38887

Abstract

This study aims to reinterpret the concept of iddah (waiting period) for career women using a maqashid sharia approach based on Najmuddin Thufi’s thought. Iddah is an Islamic ruling intended to protect family and societal welfare, yet it presents challenges for modern career women. The traditional rules of iddah, which restrict activities outside the home, can impact women’s social and economic well-being, particularly for those who work. This research employs Najmuddin Thufi’s approach, which emphasizes public interest (maslahah), to explore whether the rules of iddah require adjustment for career women without compromising the fundamental objectives of Islamic law. Using a qualitative methodology with a library research approach, this study gathers data from literature on Islamic law, maqashid sharia and Najmuddin Thufi’s theory. The study finds that reconstructing iddah for career women is feasible by applying maqashid sharia principles, particularly through Thufi’s emphasis on maslahah. In the context of working women, traditional iddah rules—which limit activities outside the home—present challenges, especially concerning economic and social well-being. Based on the principle of maslahah, the iddah rule can be adapted without disregarding the core objectives of sharia, allowing career women to continue working during the waiting period as long as they uphold personal dignity and adhere to Islamic legal regulations. This approach offers a contextual and adaptive interpretation of Islamic law that aligns with modern developments while preserving the objectives of Sharia. The study concludes that iddah for career women can be reconstructed to bridge the gap between religious obligations and contemporary socio-economic needs.
Implementing CSR in Sharia Hotels for Sustainable Social Development: A Maqashid Sharia Perspective Zuhroh, Ainun Amalia; Lahuri, Setiawan bin; Kozhakhmetova, Assel
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 1 (2024): Vol. 8, No 1, October 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i1.38525

Abstract

This study aims to enhance the understanding of the utilization of Corporate Social Responsibility (CSR) programs in the hospitality industry of Surakarta, Central Java, Indonesia, through the lens of maqashid sharia principles. The allocation of CSR funds within the industry frequently lacks specific guidelines grounded in sharia values. To investigate this social framework, the study employs Jamaluddin Athiyyah's maqashid sharia theory, recognized for its capability to bridge classical theoretical frameworks with contemporary issues. This research adopts a qualitative approach, incorporating critical analysis and descriptive methods. Primary data were collected through interviews with representatives from Syariah Solo Hotel, Al-Multazam Hotel, and members of the community. Additionally, secondary data were gathered from the documentation of CSR programs of Islamic hotels and relevant literature, serving as empirical evidence. The findings indicate the significance of understanding Islamic teachings, particularly maqashid sharia, in the allocation of CSR funds within the hospitality sector of Surakarta. Both Islamic hotels in the region contribute to the distribution of CSR funds through religious social activities, community economic development, and educational initiatives. This aligns with the understanding of human values and the responsibilities associated with maqashid al-khalqi and maqashid ash-shari'ah as articulated by Jamaluddin Athiyyah. This study serves as a benchmark for managing maqashid sharia-based CSR funds in the hospitality industry, particularly in Indonesia. Furthermore, it provides recommendations for policymakers to supervise the use of CSR funds across various industrial sectors, ensuring alignment with religious values

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