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SYARIAH
Published by Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo
ISSN : 30253373     EISSN : 30250161     DOI : 10.61570
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other
Syariah Jurnal Kajian Fiqh is a double-blind peer-reviewed journal that presents high-quality, theoretically insightful articles in various fields related to fiqh research. Syariah Jurnal Kajian Fiqh is published by the Research and Scientific Writing Division, Mahad Aly Lirboyo, Kediri, Indonesia. Articles in this journal are published every six months two editions per year in June and December. This journal emphasizes aspects related to fiqh, including Fiqh Legal Products, Fiqhiyyah Fatwa Analysis, and Fiqh Contextualization. Internet users are permitted to read, download, copy, distribute, print, search, link to the full text of the articles, or use them for other lawful purposes without first requesting permission from the publisher or author. .
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Articles 26 Documents
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Applying Imam Al-Mawardi’s Views on the Hisbah system in Islam Habibullah, Muhammad Dhiya'ul Haq; Alwi, Muhammad Chafidz
Syariah: Journal of Fiqh Studies Vol 2 No 1 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i1.46

Abstract

This study aims to identify Imam Al-Mawardi’s views on the Hisbah system in Islam and practice (andi the ‎practice) of the system. Imam Al-Mawardi was one of the first scholars to speak in his work about the ‎importance of Hisbah thought in Islam. As for the method used to achieve the objectives of this research, it ‎is the method of analysis based on the content, which is based on the method of qualitative research, and ‎the analysis is based on his ideas about the Hisbah, from his books, Al-Ahkam Al-Sultaniyyah, Al-Rutbah fi ‎Thalab Al-Hisbah, Adab Al-Dunya wa Ad-Din, and other things. Based on the results of this research, it ‎ is clear that Hisbah, according to Imam Al-Mawardi, is divided into two parts: the ‎authority to call for good (enjoin what is right) and prevent evil (forbid what is evil). These two sections are ‎divided into three important elements, which are related to the pure and pure rights of God, pure and ‎purely human rights, and the rights of those who are dual. Al-Mawardi believes that the ‎Hisbah has the authority to determine discretionary punishments for violators of Islamic law and violators ‎of the public interest, but it is limited and does not have the authority to determine Hadd punishments. The ‎course of this study attempts to provide a basic framework for hisbah from the point of view of Imam Al-‎Mawardi, which can be referred to in the application of hisbah today in government.
Analisis Fatwa Dr. Syauqi Ibrahim ‘Allam Tentang Peribadatan Non Muslim Prespektif Hukum Islam Maftuha, Abda' Balya; Fuad, A. Jauhar; Anwar, Saiful
Syariah: Journal of Fiqh Studies Vol 2 No 1 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i1.47

Abstract

Islam is a universal religion that explains various rules related to procedures for worship and interaction between humans. However, the number of cases of religious intolerance remains high. In Indonesia, as a Muslim-majority country alone, between 2019-2023 there were 65 cases of religious intolerance.  Based on this reality, the author tries to analyze the fatwa of the Grand Mufti of Egypt, Dr. Syauqi Ibrahim 'Allam who discussed the status of non-Muslim worship. These fatwas were collected in one of his works, Fiqhu al-Wathon wa al-Muwathonah. Thus, this research seeks to analyze the methods and results of istinbath carried out by Dr. Syauqi Ibrahim 'Allam in answering this problem. To achieve this goal, the method used in this research is a qualitative research method that has a content analysis style by taking sources from various studies. The results of this research explain that non-Muslim worship is a place in which security must be guaranteed. This is a form of tolerance and fulfillment of the rights of fellow citizens. In his fatwa, he took sources from various literature of fiqh scholars, so that in each fatwa he was considered in accordance with the concept of thought of one of the four imams of the school of thought. However, he also does not mind when there are differences in fatwas, because differences in social conditions also make it possible for differences in fatwas to emerge.
Implementasi Ḥudūd di Indonesia Menurut Abdullāh bin Bayyah Wafa, Muhammad Shidqi; Hanani, Muhamad Saiq
Syariah: Journal of Fiqh Studies Vol 2 No 1 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i1.48

Abstract

The debate regarding ḥudūd creates differences in opinions among muslims. Some believe it is necessary to apply ḥudūd as an inseparable part of Shari'a without considering the context. Others argue that this concept needs to be reinterpreted according to current times. There are also moderate views that try to harmonize the two perspectives, including the view of Abdullāh bin Bayyah, who emphasizes harmonization between text and context to achieve a balanced understanding. Therefore, this research aims to analyze Abdullāh bin Bayyah's views on ḥudūd and the relevance of his views to criminal law in Indonesia. To achieve these objectives, the method used in the research is content analysis, which is classified as a qualitative method whose analysis is descriptive. Abdullāh bin Bayyah saw ḥudūd as part of Allah's noble law to prevent evil. ḥudūd punishment is considered superior in handling serious crimes. However, its implementation involves a serious evaluation of legal aspects such as causes, conditions, and māni' (hindrances). Before applying ḥudūd, it is necessary to tahqīq al-manāṭ to understand its consequences. Abdullāh bin Bayyah's view has relevance to criminal law in Indonesia, his view gives legitimacy to the Criminal Code as long as the risk of mafsadah enforcing ḥudūd is greater than not enforcing it. Even though ḥudūd has not been implemented in Indonesia, this view does not eliminate the possibility that the government and legislators continue to be responsible for understanding and analyzing reality according to current developments.
Analisis Terhadap Gaji Buruh dalam UU No. 6 Tahun 2023 Perspektif Maqāṣid Syarīʻah Ibnu ‘Āsyūr Alhaddad, Muhammad Idris; Hakim, Nur
Syariah: Journal of Fiqh Studies Vol 2 No 1 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i1.49

Abstract

UU no. Year 11, 2020, concerning the Working Section, was declared conditionally unconstitutional by the Constitutional Court for two years and must be corrected by the law-drafting body. To hear the Constitutional Court's decision, the government issued Perppu No. 2 of 2022, concerning the Ciptaker. On March 31, 2023, Perppu was ratified under Law No. 6 of 2023. However, according to the president of the Labour Party, Ir. H. Said Iqbal, S.T., and M. E. stated that UU has the right to pay a minimum price. I have nothing to do with the Ramadan Problem. The legal construction of Law No. Year 6, 2023: Concerning Work on Workers ' Salaries in Indonesia. Second, what is the perspective of Ibn ʻĀsyūr's maqaṣid syarīʻah regarding workers' salaries based on Law no. 6 of 2023 concerning work. This research aims to analyze Ibn ʻĀsyūr's maqaṣid syarīʻah thoughts regarding workers' salaries based on Law no. 6 of 2023 concerning work. To achieve these objectives, qualitative descriptive research was conducted through a literature review using a legal hermeneutical analysis. As a result, in terms of legal construction, there are articles regarding the procurement and remuneration of wages that are controversial, namely Article 88C paragraph (2), Article 88D paragraph (2), and Article 88F. When the house was closed, Ibn ʻĀsyūr, regarding workers' salaries based on law, stated that the government was obliged to establish minimum wage regulations to ensure a living wage for workers.
Moderasi Beragama Perspektif Maqashid Al-‎Shariah Arifin; Chodir, Fatkul
Syariah: Journal of Fiqh Studies Vol 2 No 1 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i1.50

Abstract

Religious moderation has gained prominence in response to escalating challenges of aith conflicts. Governments now recognize it as a fundamental pursuit essential for maintaining societal peace. Consequently, this study endeavors to demonstrate how religious moderation aligns with the principles of Maqasid al-Shariah, and remains pertinent to contemporary society. Employing a descriptive-analytical methodology rooted in library research, this study primarily relied on foundational texts supplemented by relevant articles. The focal point lies in the imperative role of religious moderation in fostering harmony among religious communities, and its resonance with Maqasid al-Shariah. The findings affirm that religious moderation, guided by Maqasid al-Shariah, underscores the need to strike a balance between religious freedom and societal responsibility. This serves as a crucial mechanism for thwarting extremism while championing peace, tolerance, and faith cooperation. Additionally, the study reveals that preaching within the framework of religious moderation transcends mere proselytization; it seeks to nurture inclusive attitudes, foster mutual respect, and prioritize communal welfare. In accordance with Maqasid al-Shariah, religious moderation underscores the significance of contextualizing religious teachings in social, cultural, and historical contexts.
Batas Usia Capres-Cawapres Dalam Keputusan MK No. 90/PUU-XXI/2023 Dan Implikasinya Terhadap Dinasti Politik Perspektif Fikih Aykar, Naslul; Muhammad Arfan Ahwadzy
Syariah: Journal of Fiqh Studies Vol 2 No 2 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i2.79

Abstract

The Regulation on changing the age limit for presidential and vice presidential candidates by the Constitutional Court (MK) No. 90/PUU-XVIII/2023 has drawn pros and cons, with some people supporting and some rejecting it because it is considered to have the potential to worsen political dynamics, especially regarding the practice of political dynasties. Based on this reality, this study aims to assess whether the Constitutional Court's decision is in line with the Islamic jurisprudence view and to explain the Islamic jurisprudence view regarding the potential for strengthening political dynasties that may arise as a result of this policy. This study uses a literature review approach. The main sources used are the Qur'an, Hadith, the at-turās pole, and the Constitutional Court's Decision No. 90/PUU-XXI/2023. The analysis was carried out qualitatively, with a comparative approach to compare the Islamic jurisprudence perspective on age as a leadership criterion with provisions in positive law. The results of this study show that from a fiqh perspective, the change in the age limit for presidential and vice presidential candidates in the Constitutional Court's decision is in line with Islamic principles in terms of implementing policies that are beneficial. However, even though the Constitutional Court's decision is legally valid, Islamic jurisprudence does not justify the existence of external factors behind the decision, especially those related to conflicts of interest that have the potential to strengthen the practices of political dynasties. The practice of political dynasties is contrary to the Islamic jurisprudence view, which prioritizes governance and is not centered on a handful of groups. Therefore, the government must ensure the existence of regulations that can prevent the dominance of political dynasties and guarantee the election of quality leaders.
Evaluasi Fatwa Hukum Tubektomi Melalui Pendekatan Baru “Manhaj Bermazhab” Rohman, Fathur; Zuhri, Hilmi Husaini
Syariah: Journal of Fiqh Studies Vol 2 No 2 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i2.80

Abstract

Tubectomy, a permanent contraceptive procedure, generates debate within Islamic law concerning its validity. This study aims to evaluate the legality of tubectomy using a mazhab-based approach through the takhrij method, which is a method for deriving legal rulings from the perspective of Islamic schools of thought. The research critiques views permitting tubectomy based on changes in legal rulings due to changes in 'illat and maslahat mursalah, and compares the fatwas of the Indonesian Ulema Council (MUI), Nahdlatul Ulama (NU), and academic perspectives from Fitri A.N., Akhmad Farid M.S., and Herlina Utami. A qualitative descriptive-analytical method is employed to analyze various sources, including classical fiqh texts and contemporary fatwas. The findings indicate that tubectomy is deemed haram and that the success of rekanalisasi does not alter this ruling. The consistency of this prohibition is based on the fact that reproductive organs cannot return to their natural function without medical intervention, thereby violating Islamic contraceptive principles. This conclusion supports the fatwa of NU which asserts the prohibition of tubectomy and rejects views allowing it under the condition of rekanalisasi. The study offers an in-depth understanding of the legal status of tubectomy and invites further discussion on contraceptive methods within modern Islamic jurisprudence.
A WACANA PROGRAM BANSOS UNTUK KORBAN JUDI ONLINE DALAM TINJAUAN MAṢLAḤAḤ AL-MURSALAH PERSPEKTIF WAHBAH AZ-ZUḤAILI Afin, Muhammad; Muhammad, Azmy
Syariah: Journal of Fiqh Studies Vol 2 No 2 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i2.81

Abstract

The Minister of Human Development and Cultural Affairs, Muhadjir Effendy, opened the opportunity for victims of online gambling to be included in Social Welfare Integrated Data (DTKS) so that they could receive social assistance. The victims are family members or close relatives who have been financially harmed by online gambling perpetrators. This programme sparked support and opposition from various circles. The emergence of these differing views is influenced by varying perspectives on assessing the maṣlaḥaḥ (public interest) of the program. Indeed, in the context of Islamic law, maṣlaḥaḥ can be used as a basis for legitimizing something, a method known as al-maṣlaḥaḥ al-mursalah. However, according to Wahbah az-Zuḥaili in Uṣūl al-Fiqh al-Islāmi, the measure of maṣlaḥah is not human logic but the legitimacy of syariat regarding a particular form of maṣlaḥah. According to Wahbah az-Zuḥaili, human reasoning will always differ in assessing maṣlaḥah, as seen in the differing opinions of some scholars regarding the maṣlaḥah of social assistance programs. The aim of this study is to analyze the discourse surrounding the social assistance program for victims of online gambling from the perspective of al-maṣlaḥaḥ al-mursalah, according to Wahbah az-Zuḥaili. To achieve this goal, the research method used was qualitative, with a library research approach. The data collection technique involves reviewing various literature, including classical and contemporary scholars' books, scientific articles, and other relevant sources. The results of this study indicate that this program is in line with the standards of the concept of al-maṣlaḥaḥ al-mursalah, as outlined by Wahbah az-Zuḥaili.
a Nusyuz Suami Serta Mekanisme Penyelesaiannya Perspektif Fikih Munakahat Nasrulloh, Muhammad; Ubaid Ermawan, Mohamad Zakky
Syariah: Journal of Fiqh Studies Vol 2 No 2 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i2.83

Abstract

Nusyūz was often associated with women. This stereotype has led to a legal gap, where it is perceived that only women are bound by nusyūz, while men are unfamiliar with the term. In fact, the definition of nusyūz can be applied to both men and women. Therefore, this paper aims to recontextualize the term nusyūz to ensure its implementation in a similar manner. The research method used was qualitative, with a library research approach, focusing on fiqh munākaḥāt (Islamic family law). This study was descriptive in nature. The results of the research conclude that nusyūz has two meanings: (1) the decline in the husband's interest and (2) the neglect of rights. The solution to nusyūz in the context of declining interest is reconciliation (iṣlāh). Meanwhile, nusyūz, in the context of neglecting rights, can include neglect of maintenance (nafkah) and domestic violence. The solution is to report the matter to a judge, which could even lead to divorce. Additionally, nusyūz can occur simultaneously in both the partners. The solution in this case involves two negotiators (ḥakam) representing each spouse to make a decision that is beneficial for both parties.
Implementasi Undang-undang Demokrasi dan Nilai-nilai urgensitas dalam Kancah Politik Islam di bumi Indonesia Fatkhiyatus Su’adah; Ahmad Royhan
Syariah: Journal of Fiqh Studies Vol 2 No 2 (2024): Syariah: Journal of Fiqh Studies
Publisher : Bidang Penelitian Dan Penulisan Karya Ilmiah (bp2ki) Ma'had Aly Lirboyo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61570/syariah.v2i2.87

Abstract

This study examines the implementation and urgency of the Democracy Law in Indonesia. Although democracy is reflected in the 1945 Constitution, Muslim intellectuals often view this concept as foreign. Democratic principles such as majority rule, freedom, and justice face challenges in their application because not all democratic concepts can be reconciled with Islamic law. This research analyzes the interaction between Islamic values, such as benefit and justice, with the democratic principles of the 1945 Constitution and the potential alignment between the two to enhance political stability. The novelty of this study lies in its in-depth comparative analysis between the democratic principles of the 1945 Constitution and the concept of Islamic governance in classical and contemporary fiqh. The method used is a descriptive qualitative approach, analyzing Indonesian legal texts and relevant classical and contemporary fiqh works. The findings indicate the potential for synergy between democratic principles and Islamic values despite challenges in implementation. The application of the Democracy Law in Indonesia requires an approach that is sensitive to religious values, particularly in terms of justice, freedom, and governance based on benefit. Its implications could shift the paradigm of democratic implementation in Indonesia, emphasizing the importance of synergy between state law and religious teachings in creating a just and prosperous government for people.

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