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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Published by Institut Agama Islam Negeri Padangsidimpuan
ISSN : 24426644     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v8i2
Core Subject : Religion, Humanities, Science, Education, Social,
Religion Humanities Library & Information Science Social Sciences Other
Jurnal Al-Maqasid ini merupakan jurnal ilmu kesyariahan dan keperdataan. Jurnal Al-Maqasid: Jurnal Ilmu Kesyariahan dan Keperdataan diterbitkan dua kali setahun yang memuat 10 artikel dalam setiap edisi., Al-Maqasid Journal: Journal of Sciences and Civilization Journal is a journal that aims to become a leading peer-reviewed platform and authoritative source of information. We publish original research articles, review articles, and case studies that focus on the study of literature and civilization. Articles sent have never been published elsewhere in any language nor are they being reviewed for publication anywhere. The following statement describes the ethical behavior of all parties involved in the act of publishing articles in this journal, including writers, editors, reviewers, and publishers (Faculty of Sharia and Padangsidimpuan IAIN Law Sciences). Jurnal Al-Maqasid : Jurnal Jurnal Ilmu Kesyariahan dan Keperdataan adalah jurnal yang bertujuan untuk menjadi platform peer-review terkemuka dan sumber informasi yang otoritatif. Kami menerbitkan artikel penelitian asli, artikel ulasan, dan studi kasus yang berfokus pada kajian kesyariahan dan keperdataan. Artikel yang dikirim belum pernah dipublikasikan di tempat lain dalam bahasa apa pun juga tidak sedang ditinjau untuk publikasi di mana saja. Pernyataan berikut ini menjelaskan perilaku etis dari semua pihak yang terlibat dalam tindakan menerbitkan artikel dalam jurnal ini, termasuk penulis, editor, pengulas, dan penerbit (Fakultas Syariah dan Ilmu Hukum IAIN Padangsidimpuan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 181 Documents
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Tradition of Malem Songo Marriage in Kedungharjo: Representation of Natural Law Values in the Perspective of Thomas Aquinas Shodiqin, Mohammad; Maulidiyah, Azzahra Syarafina; Rifqi, Muhammad Jazil
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.14951

Abstract

Malem Songo marriage  is a unique tradition that lives in the Tuban community, especially in Kedungharjo. The term Malem Songo refers to the 29th night of Ramadan which is believed to be a night full of blessings. This belief encourages tens to hundreds of couples in the region to hold a marriage contract simultaneously that night. This tradition has been passed down from generation to generation and has become an integral part of the cultural identity of the local community. This research is empirical with a qualitative approach and uses a philosophical framework as an analysis knife. Primary data was obtained through in-depth interviews with the perpetrators, officials of the Widang District KUA, and Kedungharjo community leaders. This article examines the Malem Songo marriage tradition  through the perspective  of natural law as  proposed by Thomas Aquinas. According to Aquinas, the law of nature is a manifestation of the lex aeterna (eternal law of God) which is imprinted in the universal order and guides man to his ultimate existential goal, which is true happiness (beatitudo) in union with the Creator. The findings of the study show that these traditions not only contain deep spiritual values, but also serve as a cultural mechanism to overcome customary constraints, such as weton mismatches. From the perspective  of natural law, this tradition reflects the embodiment of lex aeterna and lex naturalis, where human rationality is linked to divine wisdom. Therefore, Malem Songo marriage is  not solely seen as a socio-cultural practice, but rather as a concrete representation of universal moral principles such as rationality, justice, and the attainment of true happiness rooted in the theological dimension and eternal moral law.
Pre-Wedding Photo Tradition Before the Ceremony: Analysis of Community Perceptions of the MUI Fatwa in North Sumatra Nuryani, Siti; Akbar, Ali
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15432

Abstract

Pre-wedding photos have become part of popular culture carried out by brides-to-be, including in Pangkalan Village. However, there is a gap between the level of knowledge and public practice regarding Islamic law regarding these activities. In response to this phenomenon, the Indonesian Ulema Council (MUI) of North Sumatra Province issued Fatwa Number 03/KF/MUI-SU/IV/2011 which expressly prohibits pre-wedding photos before the marriage contract. This study aims to examine the perception of the people of Pangkalan Village towards the existence and implementation of the fatwa. This study uses an empirical method with a field research approach. Data collection was carried out through in-depth interviews with four couples who had taken pre-wedding photos, four religious leaders, and three mosque teenagers, and supported by observation and documentation. The results of the study showed that even though 75.61% of the public knew the MUI fatwa related to the ban, the practice of pre-wedding photos before the marriage contract was still prevalent, even with poses that were not in line with sharia values. Religious leaders fully support the fatwa and emphasize the importance of avoiding the practice of khalwat, ikhtilat, and physical touch that are prohibited in Islam. Meanwhile, mosque youth understand the rationale behind the fatwa, but face challenges in the form of social pressure and a desire to follow popular culture trends. Public perception of this fatwa is influenced by psychological factors, family environment, and local culture that develop in the community.
Exploitation of Women in Virtual Spaces: A New Challenge to Islamic Law in the Post-Truth Era Rafki, Muhammad; Dasopang, Nur Sania
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.14369

Abstract

The exploitation of women in social media has become a worrying phenomenon in the digital era, where women are often used as objects to attract public attention, increase popularity, or maximize commercial profits. This phenomenon includes various forms of objectification, stereotyping, and the spread of content that degrades women's dignity. This research aims to examine this phenomenon from a critical perspective of Islamic law, by focusing on the protection of human honor (hifz al-'ird) as one of the main elements in maqashid al-shari'ah. The research method used is a normative approach with descriptive-qualitative analysis of relevant Islamic legal principles, including the prohibition of actions that degrade individual dignity, the need to maintain women's honor, and moral responsibility in the media. The study also analyzes factors that encourage women's exploitation on social media, such as content commercialization, patriarchal culture, and the lack of effective regulation on digital platforms. The results of the study show that the exploitation of women in social media is contrary to the values of justice and respect for human dignity in Islam. Furthermore, Islamic law mandates the need for strict supervision and regulation to prevent exploitative acts, and emphasizes the importance of media ethics education for the community. This study makes an important contribution in formulating a strategy based on Islamic law to overcome the exploitation of women on social media, as well as encouraging the creation of a fairer and more dignified digital ecosystem.
Legal Certainty in the Mediation of Islamic Economic Cases: A Critical Analysis of Procedural Law and Its Reconstruction Efforts in Religious Courts Khairani Harahap, Sarah; Rahmat Hidayat, Wildan; Arif Khoirudin, Akhmad
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15392

Abstract

Legal certainty of mediation results in sharia economic cases in the Religious Courts is an important issue in the context of modern dispute resolution that prioritizes substantive justice and the efficiency of the legal process. Although mediation is intended as an alternative means of win-win solution, there is still debate about the extent to which the peace certificate resulting from mediation is able to provide a guarantee of legal certainty equivalent to a judge's decision. This research aims to analyze mediation procedures in sharia economic disputes and assess the legal certainty of peace deeds as a guarantee of legal certainty for the parties. This research uses normative juridical research that focuses on written legal norms, namely laws and regulations, court decisions, legal theories, and doctrines of jurists. The results showed that mediation procedures have been systematically regulated in PERMA Number 1 of 2016 which is substantially in accordance with the culture of Indonesian society which prioritizes deliberation in problem solving. The mediation agreement outlined in the peace deed has permanent legal force and can be executed like a judge's decision. Moreover, the peace deed resulting from mediation even more guarantees legal certainty, because it cannot be appealed in accordance with Article 130 HIR. Legal certainty born from the results of mediation not only reflects the clarity of the legal position of the parties, but also guarantees the protection of disputed rights in a fair and peaceful manner. This is in line with Jasser Auda's contemporary maqashid theory which emphasizes the importance of purposefulness and interrelated hierarchy. The deed of peace resulting from mediation authorized by the judge has permanent legal force and provides legal certainty, expediency, and justice as the theory of Gustav Radbruch. Thus, mediation has the potential to be an ideal settlement mechanism in sharia economic cases if supported by an effective and responsive legal system.
Masks in the Form of Memorization of the Qur'an: An Analysis of the Fatwa of Al-Lajnah Ad-Dāʽimah Li Al-Buhūṡ Al-ʿIlmiyyah wa Al-Iftā' Perspective of Norm Enhancement Theory Muntaha, Ridwan; Ahda Sabila, Ahmad
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15341

Abstract

The practice of handing over the mascot in the form of memorizing the Qur'an in a marriage contract has given rise to an interesting legal discourse in the realm of contemporary fiqh. One of the religious authorities that has responded to this phenomenon is Al-Lajnah Ad-Dāʽimah Li Al-Buhūṡ Al-ʿIlmiyyah wa Al-Iftā', a leading fatwa institution in Saudi Arabia. This study aims to examine in depth the fatwa issued by the institution regarding the validity of memorizing the Qur'an as a form of mascot, by tracing the basics of legal istinbāṭ, the relevance of the sharia postulates used, and the socio-religious context behind this view. The method used in this study is a qualitative approach with normative and descriptive analysis. This study concludes that the mascot in the form of memorization or teaching of the Qur'an is permissible in Islamic law, as affirmed in the fatwa of Al-Lajnah Ad-Dāʽimah number 6029. This fatwa allows the form of non-material mascot in conditions of financial incapacity. However, from the perspective  of ushul fiqh, the fatwa approach is considered too textual (monotext) and does not reflect the integration between partial postulates, general principles of sharia, and basic Islamic values. Thus, non-material monogamy such as the teaching of the Qur'an is not only legally valid, but also reflects the spirituality, simplicity, and principle of agreement in marriage, as long as it is understood within the framework of intact and contextual sharia norms.
Vasectomy Family Planning Policy and the Rights of Social Assistance Recipients: A Critical Study from the Perspective of Ḥifẓ an-Nasl and al-Māl Nabilah, Deva; Ma’rifah, Aula Nurul; Pranata, Eka Octavian; Puspita, Mega; Gunawan, Hendra
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15760

Abstract

Policies that link access to social assistance with vasectomy reflect a form of state intervention that has the potential to violate basic principles of justice and human rights. Instead of strengthening welfare, such a policy raises serious problems in terms of the protection of offspring (ḥifẓ an-nasl) and the protection of property (al-māl) as stipulated in Maqāṣid as-Sharī'ah. This study uses normative legal approaches and qualitative methods to analyze these policies from the perspective of Islamic ethics and social rights frameworks. The results of the study show that imposing permanent contraceptive methods as a prerequisite for social assistance is not only contrary to the principles of maqāṣid, but also creates systemic discrimination against vulnerable groups. In this context, the state should not necessarily sacrifice the basic rights of citizens for the sake of achieving demographic figures. Therefore, this research challenges policy logic that ignores the values of protection and justice, and encourages the formulation of public policies that are more humane, inclusive, and in accordance with the socio-religious ethics of the Indonesian nation.
A Review of Islamic Criminal Law on Non-Penal Policies in Combating Sexual Violence in Banda Aceh City Mayasari, Seva; Azizah, Noor
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15282

Abstract

The crime of sexual violence arises from the intention and opportunity of the perpetrator due to the lack of conditions that provide legal protection for the victim. Therefore, it is important to carry out policies and preventive measures before the crime of sexual violence occurs. This research focuses on non-penal policies, namely policies that are more preventive. This study aims to examine the review of Islamic criminal law in looking at the non-penal policies that have been carried out by the Banda Aceh City Government in overcoming sexual violence. The research method used in this study is empirical legal research with a sociological approach and the main data source is the policy carried out by the Banda Aceh City Government, in terms of tackling sexual violence, then the data obtained from the field will be seen in the perspective of Islamic criminal law. As for the results of this research, many efforts have been made to minimize the occurrence of sexual violence crimes in the city of Banda Aceh. Among them, there is the role of the Pamong Praja Police Unit (Satpol PP) and the Wilayatul Hisbah Police Unit in enforcing qanun, as well as the appointment of Muhtasib Gampong personnel. In addition, the Banda Aceh City Government also issued a Mayor's Circular Letter containing an appeal to wear Muslim/Muslim women's clothing, and the Islamic Sharia Office through the Da'wah Field routinely runs programs in the context of overcoming sexual violence. The various non-penal policies implemented by the Banda Aceh City Government are basically in line with the principles required by Islamic law, and can be categorized as part of the provisions of taʿzīr. However, based on the understanding of the Qur'an and Hadith, Islamic criminal law essentially emphasizes preventive aspects that are rooted in people's personal awareness, such as maintaining views, regulating associations, controlling lust, and other behaviors that can prevent offenses.
Between Nasab and Heirs: Examining the Status of the Surrogate Mother's Child in Contemporary Islamic Law Azzahra Hsb, Sakinah; Azizah, Nur
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.14503

Abstract

The practice of surrogate motherhood raises legal issues in Islam, particularly regarding the validity of lineage and the inheritance rights of the child born. When the pregnancy process involves a woman who is not the legal wife or uses the ovum and uterus of a third party, the lineage becomes unclear and results in the loss of the child's inheritance rights. This study aims to explore the legal status of children born through surrogacy from the perspective of contemporary Islamic jurisprudence, using a normative approach. The research employed a qualitative approach with a legal-normative and theological framework. The findings indicate that Islamic scholars and modern Islamic legal institutions generally reject the legality of this practice as it contradicts the principle of hifz al-nasl. Children born through surrogacy only have a blood relationship with the biological mother who gave birth to them and do not have inheritance rights from the biological father unless there is a valid marriage. In Indonesia itself, there are no specific regulations governing this matter, so legal reforms are needed to address the challenges posed by modern reproductive technologies.
Transformation of Contemporary Islamic Justice: Integration of Juridical Norms and Socio-Cultural Traditions in Indonesia Anwar Pahutar, Agus; Hifzhi Siregar, Neila; Sa, Saifullah; Asmaret, Desi; Kamal, Tamrin
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.13701

Abstract

The transformation of Islamic justice in Indonesia reflects the dynamics between formal juridical norms and the socio-cultural realities of diverse societies. Religious Courts, as part of the national legal system, do not solely implement Islamic law in a normative form, but must also interact and negotiate with local values, social structures, and broader political and legal configurations. This research critically examines how the integration between Islamic legal norms and socio-cultural traditions occurs in judicial practice, as well as how these interactions affect the effectiveness and legitimacy of Islamic judicial institutions in Indonesia. The juridical-sociological approach is used to explore the relationship between legal norms and the context of society (living law), with an emphasis on aspects of social acceptance and substantive justice. The findings of the study show that although institutionally the Religious Courts have been strengthened, there is still tension between the spirit of codification of sharia law and the flexibility of local culture. In this context, the transformation of Islamic justice is not only a matter of legal reform, but also involves the repositioning of the role of religion, the state, and society in formulating and enforcing contextual justice. Thus, there is a need to strengthen an integrative paradigm in the reform of Islamic law that is able to bridge juridical norms with social reality, in order to strengthen the responsiveness and legitimacy of Islamic justice in the midst of the plurality of laws in Indonesia.
Addition of Non-Official Public Transportation Fares in Palembang City: A Study of Ijārah Contracts and Contemporary Fiqh Kartikasari, Yunia; Wijaya, Sandy
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i1.15382

Abstract

This study examines the practice of adding city transportation fares (angkot) outside the official provisions that occur in the KM 5 Palembang area, this is reviewed from the perspective of the ijārah contract  in the fiqh muʿāmalah and its relevance in the context of contemporary fiqh. This practice often occurs without transparency and explicit agreement between the driver and passengers, raising questions regarding the validity of the lease-hire contract (ijārah) in transportation service transactions. This study uses a juridical-normative and sociological approach with data collection techniques through observation, interviews, and documentation. The results of the study show that the practice of increasing rates outside of official provisions does not fully meet the principles and conditions of the validity of the ijārah contract, especially in the aspects of willingness (tarāḍī) and clarity of rewards (ujrah). From the perspective of contemporary fiqh, the practice also has the potential to contain elements of gharar and harm the service users. Therefore, stricter regulations and education on sharia economic law are needed to create justice and openness in transportation service transactions.

Page 15 of 19 | Total Record : 181

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