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Al-Mahkamah: Islamic Law Journal
Published by Penerbit Hellow Pustaka
ISSN : -     EISSN : 30310857     DOI : https://doi.org/10.61166/mahkamah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The aim of this journal publication is to disseminate the conceptual thoughts or ideas and research results that have been achieved in the area of Islamic Law particularly focuses on the main problems in the development of the sciences of Islamic Law areas as follows: 1. Islamic Law 2. Fiqh and Fatwa 3. Ushul Fiqh 4. Islamic Family Law 5. Islamic Criminal Law 6. Islamic economic law 7. Human Rights in Islam 9. Islamic Civil Law 10. Zakat, Wakaf, and Shodaqoh 11. Islamic Constitutional Law 12. Islamic Astronomical Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2025)" : 5 Documents clear
A Study of the Principle of "Ad-darūrah tubīḥ al-maḥẓūrāt" in Islamic Criminal Law: The Case of Euthanasia Islamic Worldview Analysis Habiburrahman Mustofa
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i2.47

Abstract

Euthanasia is a global issue that continues to be debated, especially from a legal and ethical perspective. In Islamic law, the principle of protection of life (hifz al-nafs) is the main basis for rejecting the practice of euthanasia. However, there is a fiqh principle Ad-darūrah tubīḥ al-maḥẓūrāt which permits prohibited actions in emergency situations, thus giving rise to debate whether this principle can be applied to euthanasia. This study aims to examine the application of this principle in the context of euthanasia based on Islamic law and compare it with positive legal regulations in various countries. The research method used is a qualitative study with a normative approach, involving literature analysis from classical books, fatwas of scholars, Islamic legal journals, and positive legal regulations. The results show that Islamic law generally rejects euthanasia because it is considered contrary to the principles of maqasid sharia. Although there are fatwas that permit certain medical procedures in emergency situations, euthanasia remains categorized as an act that is not permitted by Islamic criminal law. In contrast, several Western countries have legalized euthanasia with strict regulations, unlike Muslim countries, which generally prohibit the practice. The conclusion of this study confirms that the application of emergency rules in euthanasia must consider the principles of maqasid sharia as well as broader ethical and legal aspects. Therefore, further study and coordination between Islamic scholars, medical professionals, and policymakers are needed to formulate regulations that align with Islamic principles and developments in modern medicine.
Quru’ in the Waiting Period (Iddah): A Comparative Analysis of the Hanafi and Shafi'i Schools of Thought Faishol, Imam
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i2.60

Abstract

The meaning of the term quru’ in Surah al-Baqarah verse 228 has long been a subject of classical debate among Islamic jurists, particularly in determining the duration of the iddah for women who have been divorced. The Hanafi and Hanbali schools interpret quruʾ as the menstruation period, whereas the Shafi’i and Maliki schools interpret it as the period of purity. These differing interpretations lead to variations in calculating the end of the iddah, which in turn have legal implications for the woman’s post-divorce status, the validity of reconciliation (ruju’), and legal certainty within the family law system. This article aims to comparatively analyze the views of the two major schools, Hanafi and Shafi’i, using a normative-textual approach while also considering the objectives of Islamic law (maqasid al-shari’ah). The analysis reveals that both schools present strong arguments based on linguistic evidence, hadith, and considerations of public interest (maṣlaḥah), reflecting the richness and dynamism of Islamic legal thought Keywords: Quruʾ, Iddah, Hanafi School, Shafi’i School, Islamic Family Law
Islamic Ethics of War: A Comprehensive Examination of Just War Principles in Islamic Jurisprudence Muhammed Amirshazin. K
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i2.62

Abstract

This article comprehensively examines the Islamic ethics of war, a sophisticated framework deeply rooted in the Quran and Sunnah, often misunderstood as advocating unbridled violence. It delves into the foundational principles that prioritize humanitarian considerations, proportionality, and moral restraint in armed conflict. We explore how classical Islamic jurisprudence, through the works of scholars like Al-Sarakhsi and Ibn Rushd, meticulously codified rules for just cause, legitimate authority, and non-combatant protection, often predating modern international humanitarian law. The article demystifies the multifaceted concept of jihad, clarifying its defensive nature and broader spiritual dimensions. It also analyzes the contemporary relevance and application of these ethics in modern warfare, including challenges posed by cyber warfare and drone technology. Finally, it challenges pervasive misconceptions, emphasizing how authentic Islamic scholarship consistently promotes peace, justice, and strict ethical conduct, offering crucial insights for global conflict resolution.
The Legality or Otherwise of Abortion Under Islamic Law Ardo , Hamidu; Adamu, Abubakar Ibrahim
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i2.63

Abstract

The legality of abortion under Islamic law is a complex and debated topic. Islamic law has varying interpretations regarding abortion. Abortion is generally permitted in Islam if the mother’s life is at risk or in cases of severe fetal abnormalities. However the specific gestational limit for permissibility varies among Islamic schools of thought, the concept of ensoulment, or when fetus is believes to receive a soul, is crucial in determining abortions permissibility. Some interpretations consider ensoulment to occur at conception, while others believe it happens later. Around 120 days after conception. Different schools of thought such as Hanafi, Maliki, Shafii and Hanbali have varying opinions on abortion some are more restrictive,  while others allow abortion under specific circumstances. Analytical research methodology was used in this paper. Data are drawn from books, articles, scholarly journals etc.
Points of Intersection Between Positive Law and Islamic Law in the Enforcement of Human Rights in Indonesia Firmansyah, Firmansyah; Raya Hidayat; Ahmad Sofian
Al-Mahkamah: Islamic Law Journal Vol. 3 No. 2 (2025)
Publisher : Penerbit Hellow Pustaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61166/mahkamah.v3i2.67

Abstract

This study analyzes the intersection between positive law and Islamic law in upholding human rights in Indonesia, focusing on the differences and similarities between the two legal systems in regulating basic human rights, such as the right to life, the right to liberty, and the right to justice. This study employed library research, utilizing library data such as books, scientific journals, manuscripts, and other documents. The results show that positive law and Islamic law differ in several aspects, such as the definition and scope of basic human rights, but also share similarities in several aspects, such as the recognition and protection of basic human rights. This research contributes to the development of law and human rights in Indonesia and provides recommendations for improving human rights enforcement in Indonesia through harmonization of positive law and Islamic law.

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