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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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The Dynamics of Kafa’ah Nasab and the Identity of Sharifah Women: An Examination of Sayyid Utsman's Perspectives within the Context of Gender Equality Nouvaldi, Ahmad Azzam; Widigdo, Mohammad Syifa Amin
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.44150

Abstract

This research examines the concept of equality of status (kafâ'ah nasab) in marriage, particularly within the family community of habaib descendants (sayyid and sharifah). The study is approached through the lens of Sayyid Utsman bin Yahya's thoughts and is contextualised within the framework of gender equality studies. Within the habaib tradition, marriages between a sharifah and a non-sayyid man are frequently rejected on the grounds of perceived deficiencies in lineage, and such unions are often deemed to contravene social and religious norms. Sayyid Uthman, a prominent scholar of the Dutch East Indies colonial period, underscored the invalidity of such marriages in several of his works, which subsequently became significant references in the social structure of the habaib community. However, from a gender equality standpoint, this practice raises issues of discrimination against women and reinforces a patriarchal system rooted in lineage. This research employs a qualitative approach, utilising literature review methods and interviews with Rabithah Alawiyah. The findings indicate that, in practice, kafâ'ah nasab has evolved into a mechanism of social control that restricts women's autonomy in selecting a life partner and perpetuates inequality in gender relations. Consequently, a reinterpretation of this concept is necessary to align it with Islamic sociology and the principles of justice inherent in Islam.
An Examination of the Moderate Ijtihad Method from the Perspective of Abdullah bin Bayyah and Its Application in the Formulation of Islamic Law Yaqin, Ainol
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.44684

Abstract

Fiqh is a product of ijtihad, developed through a dialectical process between textual sources and real-world contexts. Fiqh possesses various characteristics, some of which are rigid and complex, while others are more flexible and adaptable. Rigid fiqh arises from an ijtihad that is fixated on textual understanding without exploring its objectives (maqashid), whereas excessively flexible fiqh is formulated from an ijtihad that prioritises maqashid while disregarding the texts (al-naṣ). Both patterns of ijtihad represent extremes that are not justified within the framework of Islam. Consequently, it is essential to examine and apply a flexible and dynamic fiqh derived from moderate ijtihad. This article aims to analyse and identify applicable concepts related to the theory of moderate ijtihad as articulated by Abdullah bin Bayyah, subsequently implementing these concepts in response to contemporary issues. This research constitutes a literature review that investigates the thoughts of contemporary scholars and analyses them employing a descriptive-analytical approach to derive meaningful insights. This study plays a crucial role in examining and applying the concept of moderate ijtihad to address contemporary matters in Islamic jurisprudence, which continue to evolve alongside the progress and transformation of human civilisation. Furthermore, moderate ijtihad has the potential to produce Islamic legal rulings that are not only flexible and adaptive but also firmly grounded in the higher objectives of sharia (maqashid sharia). The research findings indicate that Abdullah bin Bayyah's method of moderate ijtihad involves linking al-nuṣūṣ with maqashid sharia, observing and distinguishing between al-thawābit and al-mutaghayyirāt, considering the context of changing times in formulating Islamic law, acknowledging customs, ‘urf, or local traditions, contemplating the consequences, and considering conditions, as well as personal and community psychology. The application of moderate ijtihad results in the formulation of legal rulings, such as the prohibition of gelatin derived from pigskin and bones—except in cases of necessity—and the obligation of marriage registration.
E-Contract Withdrawal Rights in E-Commerce: A Comparative Analysis of the Egyptian Consumer Protection Law and Islamic Jurisprudential Perspectives Azam, Muhammad; Al-Farjani, Saleh Hashem; Mashdurohatun, Anis; Elsonbaty, Atta; Salman, Mohammed Abdullah
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.44766

Abstract

This research examines the right of withdrawal in e-contracts within the realm of e-commerce, specifically under the Egyptian Consumer Protection Law No. 181 of 2018, through the lens of Islamic jurisprudence. The study focuses on the practical application of the right of withdrawal in e-commerce, particularly concerning the consumer's ability to cancel a contract post-purchase without the opportunity for physical inspection of the goods. The objective is to elucidate the conceptual framework, statutory basis, and practical implications of the right of withdrawal within both the Islamic and Egyptian legal systems, as well as to evaluate its effectiveness in safeguarding consumer rights. The research adopts a qualitative methodology with a comparative analytical approach, encompassing an examination of the principles of Islamic jurisprudence, the relevant provisions of Egyptian legislation, a thorough analysis of statutory texts, and the perspectives of legal scholars. The findings indicate that both Islamic jurisprudence and Egyptian legislation acknowledge the consumer's right to withdraw under specific conditions. Nonetheless, practical limitations persist, particularly in the digital marketplace, where product characteristics and the logistics of returning goods pose challenges to the enforcement of consumer rights. This study contributes by presenting a comprehensive comparison between traditional Islamic options (khiyār al-ru'yah, khiyār al-'ayb, khiyār al-Shart) and contemporary legislative mechanisms, thereby highlighting their mutual aim of protecting the weaker party in transactions. It is anticipated that the Egyptian government will amend Article 40 of the Consumer Protection Law to ensure a fair allocation of costs associated with the return of goods between consumers and sellers. Furthermore, the significance of consumers' understanding of their rights and responsibilities regarding the recall of goods within the electronic contract framework must be emphasised.
Transformation of Dowry from Traditional Practices to Maqashid Sharia: A Causal Analysis of Women's Dignity and Family Harmony Fajar, Mokhammad Samson; Zaelani, Abdul Qodir
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.41634

Abstract

Marriage is a sacred institution in Islam that encompasses moral, social, and spiritual implications. The dowry, as an essential element of the marriage contract, has been prescribed to uphold the dignity of women and reinforce the foundation of the family. However, in social reality, the practice of dowry is often reduced to a mere symbol of formality or a burdensome customary obligation. This phenomenon illustrates the disconnect between the implementation of dowry and the objectives of Islamic law. This research employs a qualitative approach utilising normative-theological and sociological methods. Primary data were sourced from classical fiqh texts and al-Syāṭibi's seminal work (al-Muwāfaqāt), while secondary data were obtained from academic journals and customary marriage documents. This article adopts the framework of maqashid sharia and the principles of customary law (al-'ādah muḥakkamah), integrating perspectives from Islamic legal philosophy and cultural sociology theory to analyse the meaning of dowry both causally and contextually. The findings of the study indicate that the transformation of the concept of dowry from a customary symbol to a maqashid necessitates a reinterpretation of local values through a dialogue between tradition and the objectives of sharia. The dowry, restructured within the framework of maqashid sharia, contributes to the preservation of women's dignity, the strengthening of relational justice, and the enhancement of household harmony. This research presents the development of a maqashid causality analysis framework grounded in an Islamic social philosophy approach. Furthermore, it offers insights for both the community and policymakers to facilitate maqashid-based customary deliberation and enhance family law literacy. An extension of this research could involve an exploration of women's perceptions regarding the symbolic and strategic value of dowry within diverse Muslim customary communities.
Personal Data Hacking: A Critical Analysis of Islamic Criminal Law and Islamic Jurisprudence Munifah, Munifah; Mulyo, Mufrod Teguh
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.44585

Abstract

This research will examine the rise of social media hacking behaviour from the perspective of Islamic Criminal Law and Islamic Law. The issues discussed in this study include how Islam addresses the laws related to individuals who commit crimes against the right to privacy and personal data, as well as the urgency of personal data protection in social media within the context of Islamic law and the Muslim response to the digital era. This research employs a descriptive-qualitative methodology with in-depth data analysis, incorporating juridical and Islamic criminal law approaches. Primary data is derived from cases and behavioural data pertaining to personal data. Secondary data encompasses primary, secondary, and tertiary legal materials. Primary legal materials include binding legal sources such as legislation, legislative records, and court decisions. The findings of this study indicate that Islam underscores the importance of maintaining the dignity and privacy of individuals through the principles of honour protection (Ḥifẓ al-’Irḍi). Every Muslim is obligated to uphold the security of personal data and to advocate for the implementation of laws that protect individual rights from cyber threats. In order to enhance the security of personal data, it is recommended that Islamic principles be integrated into current laws, ensuring they are based on both positive law and maqashid sharia. Furthermore, improving digital literacy in accordance with Islamic teachings serves as a strategic initiative to raise public awareness of the significance of protecting privacy in the digital age. This study concludes that violations of personal data in the digital realm, such as identity theft and unauthorised information dissemination, can be classified under punishment (taʿzīr) within Islamic criminal law due to the absence of explicit provisions in ḥudūd and qiṣāṣ. It highlights the urgency of protecting personal data in social media and advocates for the application of Islamic legal principles, such as ḥifẓ al-‘irḍ as a foundation for safeguarding individual privacy in the digital era.
Distribution of Zakat through the Rumah Gemilang Indonesia Programme via the Networking Scheme Usman, Nurodin; Janah, Nasitotul; Iman, Muis Sad
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.37050

Abstract

Among the challenges encountered by zakat institutions in Indonesia are traditional management practices and limited collaboration with other institutions. This study employs qualitative research methodologies to analyse the distribution of zakat with the aim of enhancing human resource quality through a networking framework involving fellow zakat institutions. The development model is manifested in the form of a flagship programme, Rumah Gemilang Indonesia (RGI) Magelang Campus, which results from collaboration between Lembaga Amil Zakat Dana Kemanusiaan Dhuafa (LAZ DKD) Magelang City and Lembaga Amil Zakat Nasional (LAZNAS) Al-Azhar Peduli Ummat Jakarta. Data collection techniques were conducted through observation, interviews, and documentation. Data analysis involved a series of activities, including data reduction, data presentation, and deriving conclusions. The findings of the study indicate that network development is essential for zakat institutions to enhance their performance in fundraising and distribution programmes. The collaboration between LAZ DKD and LAZNAS Al-Azhar, exemplified by the Rumah Gemilang Indonesia (RGI) Magelang Campus, has demonstrated significant benefits that bolster the development of zakat management for both institutions. For LAZNAS Al-Azhar, the RGI Magelang Campus represents a key programme for zakat fund distribution, while for LAZ DKD, it serves as a leading initiative to foster closer ties with the community. The partnership between the two institutions continues to evolve, giving rise to additional pioneering programmes that are mutually beneficial and have empowering effects on the mustahiq. From an Islamic legal perspective, the distribution of zakat for the empowerment of the impoverished youth is permissible, as they are classified among the groups entitled to receive zakat. Through this training programme, it is anticipated that participants will emerge as individuals capable of paying zakat in the future.
Euthanasia in South Africa: A Critical Analysis of Contemporary Legislative Issues in Relation to Religious Values Densom, Razaana; Der Walt, Glynis Van
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.42182

Abstract

Despite death being one of the certain eventualities of life, religious, medical, and philosophical factors appear to shape one's perception of death. Medical advancements have introduced the possibility of exercising control over an individual's death, prompting questions regarding the existence of a legal right to choose how and when to die, particularly in cases of suffering where euthanasia is administered by another party. Euthanasia and Physician Assisted Suicide (EPAS) represent one of the most contentious ethical debates globally. This debate is not novel; indeed, most countries outrightly reject the legalisation of EPAS, while others opt to enact legislation to legalise and regulate the practice of euthanasia under specific conditions. Legislators in South Africa have been hesitant to legislate on this contentious matter, leaving the judiciary in an uncertain position to make ad hoc judgments without any guidance from Parliament. Religion, moral principles, and constitutional rights are central to this debate. Clarity on this issue could foster a scientific contribution to South African law by enabling focused research into both the practical and ethical implications of legalised euthanasia, facilitating the development of safeguards and regulatory frameworks, and promoting research into the psychological impact on patients and healthcare providers.
Analysis of the Digital Readiness Map for Organisational Zakat Management in Optimising Fundraising Efforts: Best Practices from Indonesia Yurista, Dina Yustisi; Mahanani, Setyo; Arifandi, Firman; Riyani, Anggita Yayang; Achmad, Noor
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 8, No 2 (2025): Vol. 8, No. 2, April 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v8i2.42325

Abstract

In the era of rapid technological advancement, zakat management organisations (OPZ) encounter both opportunities and challenges in optimising digital transformation to enhance the efficiency, transparency, and reach of zakat fund collection. This study aims to assess the digital readiness level of OPZ in Central Java, Indonesia, through the development and application of the Digital Zakat Readiness Index (IKDZ), a quantitative instrument that evaluates four key dimensions: digital infrastructure, utilisation of digital tools, digital ecosystem and culture, and human resource capabilities. Employing a mixed-methods approach that combines quantitative calculations with qualitative assessment, data were collected from ten OPZs using structured questionnaires. The findings reveal an average IKDZ score of 0.619, categorising OPZs within the “technology development readiness” classification; however, disparities persist, particularly regarding the quality and availability of human resources. The study also incorporates an Islamic legal (fiqh) perspective, confirming that digitalisation is permissible (mubah) as a means to support the benefits and objectives of zakat in alignment with maqashid sharia. This research provides a strategic contribution for zakat institutions to enhance their digital capabilities, align technology use with sharia principles, and foster inclusive digital ecosystems for effective zakat management. Further research is recommended to broaden the regional scope and investigate the relationship between levels of digitalisation and zakat fundraising performance.
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.

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