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Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 25805142     DOI : https://doi.org/10.24952/almaqasid.v9i2
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The Al-Maqasid Journal is a journal of sharia and civil science, Jurnal Al-Maqasid: Journal of Sharia and Civil Sciences is a journal dedicated to publishing quality articles and research results in the field of sharia and civil science. This journal publishes various articles that are up-to-date conceptual, research results and actual issues relevant in the field of sharia and civil science using a systematic writing method, by presenting reviews of previous studies, and closed with a brief but complete summary. With our commitment to the advancement of science, al-maqasid journal follows an open access policy that allows for published articles to be available online for free without subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 154 Documents
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SENGKETA DALAM KONTRAK PENDANAAN DIGITAL: ANALISIS HUKUM KEPERDATAAN DAN ALTERNATIF PENYELESAIANNYA Miftachul Ulum, Kefi; Ariyanti, Sari; Suganda, Rangga; Rahmawati, Dewi; Khotimah, Husnul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.11601

Abstract

Securities crowdfunding is a service that funds MSMEs and start-up companies using standard agreements. The agreement used contains clauses containing moral hazard from the service provider company in the form of forcing service users not to involve the provider in the event of a dispute, whereas if the legal relationship is explained, the provider acts as an intermediary for service users with a central role, so that without the provider, such digital funding will not occur. This information technology-based funding activity is covered by Financial Services Authority Regulation No. 57 of 2020 concerning Securities Offerings through Information Technology-Based Crowdfunding Services and Financial Services Authority Regulation Number 16 of 2021 Amendment to Financial Services Authority Regulation Number 57 of 2020 concerning Securities Offerings Through Services Information Technology-Based Crowdfunding. The use of the standard agreement refers to Article 64(1) of POJK 57 2020 with the principles of balance, justice, and fairness. The agreement clause also contains unclear dispute resolution related to sharia funding, and service users will also experience the potential risk of disputes between organizers, issuers, and investors, as well as risks related to investment. Normative legal research is used as a research method that is classified in library research using a statute approach as an approach to contractual analysis and dispute resolution hierarchies by breaking down various laws and technical regulations from the Financial Services Authority. Analysis with this approach was found in the study of Article 1338 of the Civil Code requiring contracts to be made in accordance with the law, but the agreement clauses used did not apply the principles of justice, norms, and morality. Apart from that, a hierarchy was found in digital-based and offline-based dispute resolution with clustering the level of each problem or dispute. This level of clustering is a codification of the breakdown results carried out by the compiler of interrelated regulations, which are classified as internal dispute resolution and external dispute resolution.
FATWA DAR AL-IFTA NOMOR 3598/2006 TENTANG WAKAF SAHAM: TINJAUAN ARGUMENTASI HUKUM DAN IMPLIKASINYA Arzam, Arzam; Fauzi, Muhammad; Akana Helmi, Lika; Mahdi, Al-
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.12192

Abstract

Whether we realize it or not, there is a role and results of the inspiration of fatwas of scholars (personally or collectively) in addition to laws and regulations in various Islamic countries on innovation and development of waqf objects. Dar al-Ifta Egypt is one of them, has issued many fatwas on innovation of waqf objects, including on stock waqf and distribution of benefits, which is contained in fatwa no. 3598 of 2006 on Waqf al-Ashumi wa Tasbil 'Awa'idiha. This study aims to determine the legal status and arguments in the fatwa of Dar al-Ifta. This study is a qualitative study, with research data sourced from primary data in the form of the fatwa, using content analysis as a data analysis tool. This study shows that Dar al-Ifta has determined in its fatwa that stock waqf and distribution of benefits are permissible. Dar al-Ifta's argument for allowing it is using the concept of analogy (equation) regarding the permissibility of cash waqf. Dar al-Ifta strengthens its fatwa argument by referring to several arguments, where the arguments are the opinions of the scholars of the School of Thought about the permissibility of cash waqf (dinar and dirham). By knowing the legal status and arguments of the Dar al-Ifta fatwa, shares are determined as something that has the same function and benefits as money so that it can be used as an object of waqf (such as in the category of movable objects). This fatwa has implications for efforts to reform Islamic law in the field of waqf, and also has practical implications for society and for the increasingly advanced development of Islamic economics and finance. Furthermore, it is an open area for further research, related to the impact on the spread and response of society after the fatwa is issued or determined. It is also interesting to study the practice of stock waqf in various Islamic countries that are currently taking place, by linking it to existing fatwas and connecting it from various perspectives.
KONTROVERSI PERKAWINAN SESAMA JENIS DI HALMAHERA SELATAN: TINJAUAN HUKUM ISLAM DAN DAMPAKNYA TERHADAP MASYARAKAT D. Sumaila, Bayu; Rauf Wajo, Abd.; Willy Dama, Riski
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.11455

Abstract

Social beings created with two different genders, humans have a clear legal basis in running the institution of marriage, as stipulated in Law Number 1 of 1974 which has been updated to Law Number 16 of 2019. This study uses a normative juridical approach through the analysis of written legal materials. The results show that same-sex marriage that occurs in South Halmahera is not only contrary to the social values of the Indonesian people, but also violates the principles of marriage in the applicable positive law and religion. As a result, the marriage is legally considered null and void. In addition, the negligence of the parties who facilitate this marriage without fulfilling the legitimate administrative requirements shows a lack of thoroughness in applying the terms of marriage. As stated in Article 1 of the Marriage Law Number 1 of 1974, marriage is an innate bond between a man and a woman as husband and wife, with the aim of forming a happy and eternal family based on the One Godhead. Thus, this same-sex marriage is clearly contrary to the provisions of the law (Islam and the state), and its implementation results in losses for one of the parties and damages the legal order of marriage in Indonesia.
APLIKASI E-WALLET: SOLUSI DIGITAL UNTUK PERLINDUNGAN HARTA BERDASARKAN MAQASID SYARIAH Musanna, Khadijatul; Fitri, Aulia; Nabilah, Deva
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.13615

Abstract

E-wallet is an electronic media used to store electronic money through certain applications. Various services provided by the company make e-wallet more practical, fast, and efficient in transactions. The use of e-wallet can be evaluated in the context of hifz mal (preservation of assets) in maqashid sharia to ensure its compliance with sharia principles. Hifz Mal is an important part of Maqshid Sharia which aims for the benefit of the community in a legal case. Maqashid Sharia as the maintenance of goodness achieves benefits and prevents evil. All matters in Islam are global and specific, all can be solved based on public interest, this is in line with the concept of Maqashid Sharia. The research methodology used in this study is qualitative with content analysis techniques to obtain data. This study examines comprehensive articles and books related to e-wallet, as well as the views of scholars on the concept of hifz mal. The results of the study indicate that the use of e-wallet as an electronic transaction medium to purchase products or services is in accordance with the concept of hifz mal. The use of money stored in e-wallets as a means of exchange in digital transactions is widely accepted by the public and does not involve elements of usury, gharar, gambling, or exploitation. In addition, e-wallets offer high security features and dual benefits that can make people's lives easier, in accordance with the principle of maintaining assets in maqashid sharia.
HARMONISASI FIKIH KELUARGA DAN HUKUM POSITIF: STUDI PERBANDINGAN PEMBATASAN USIA PERKAWINAN DI INDONESIA DAN MALAYSIA Puji Azizah, Faras; Alim Usman, A’zhami; Afifah Syabilah, Nur
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.11735

Abstract

This article discusses the Analysis of a Comparative Study of the Law on the Restriction of the Marriage Age in Indonesia and Malaysia. This study aims to compare the laws restricting the age of marriage in the two countries. This study uses a literature study method by collecting sources from books, journal articles, and relevant themes. The results of this study show that there is a difference between the laws restricting the age of marriage in Indonesia and Malaysia. In Indonesia, the minimum age limit is 19 years old for boys and girls, while in Malaysia, the minimum age limit for girls is 16 years old and 18 years old for boys. In addition, the study also highlighted that the marriage age restriction in Indonesia reflects gender equality, while in Malaysia a lower age is set to anticipate the risk of pregnancy out of wedlock, elopement, and similar problems. Not only that, by setting a minimum age limit, the law seeks to protect the welfare of children and ensure that marriage occurs at a mature and responsible age so that children born can grow up in a healthy and stable environment.
SISTEM PERADILAN ISLAM DI BAWAH WILAYAT AL-FAQIH: KAJIAN KOMPARATIF ANTARA IRAN DAN INDONESIA Ulfa, Rusda; Asasriwarni, Asasriwarni; Zulfan, Zulfan
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.14110

Abstract

This study examines the influence of the Wilayat al-Faqih principle on the Islamic judiciary system in the Islamic Republic of Iran and compares it to the religious court system in Indonesia. The focus is on how Shia Imamiyyah doctrine shapes Iran's legal and judicial structures, including the Supreme Court and Revolutionary Courts, highlighting the strong interplay between religion and politics. Conversely, Indonesia separates religious authority from the state, with its religious courts under the Supreme Court and free from political ideologies. A qualitative descriptive method, based on primary and secondary sources, was employed. The findings reveal that Wilayat al-Faqih grants extensive power to the Supreme Leader over Iran's judiciary, unlike Indonesia's pluralistic legal system. In family law, Iran adopts Shia-based practices, such as mut’ah marriage and lower marriageable ages, while Indonesia has reformed family law to establish higher minimum marriage ages. In conclusion, religious ideology profoundly influences Iran's legal policies, whereas Indonesia offers a more inclusive and pluralistic legal framework.
KEDUDUKAN AKAD QARDH DALAM REGULASI PERBANKAN SYARIAH: IMPLIKASINYA TERHADAP INOVASI PRODUK Izazi Nurjaman, Muhamad
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.11592

Abstract

The understanding that an increase in the loan amount based on a qardh contract constitutes usury is inherent in some communities. In the Islamic banking operational system, this is strictly avoided. However, in various product developments, sharia banks still use the qardh contract. This gives rise to the view from some people that the operational system of Islamic banks is the same as conventional banks, especially since the funds used in product development are customer funds which should be managed for other things that can generate profits. The aim of this research is to analyze the position of qardh contracts in product development in sharia banking. This article uses a normative juridical approach with data analysis techniques which consist of several stages such as reducing data, presenting data and also providing conclusions. The results of this research reveal that the position of the qardh contract in product development using customer funds as in the DSN/MUI fatwa Number 79 of 2011 concerning qardh using customer funds is only limited to a complementary contract to the mu 'awadhat contract with the aim of seeking profit. So that the profits of sharia banks come from the mu 'awadhat contract, not from the qardh contract carried out.
POLEMIK KEABSAHAN POLIGAMI: PERBANDINGAN HUKUM KELUARGA ISLAM INDONESIA DAN MALAYSIA Husain Hasibuan, Badai; Asrona Warni Daulay, Dinda
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.13697

Abstract

This study aims to compare the two legal systems that govern marriage in Indonesia and Malaysia. Indonesia uses Law Number 1 of 1974 concerning Marriage, while Malaysia implements the Federal Territory Islamic Family Law Act 1984. This study uses a qualitative method with a descriptive-analytical approach. A normative approach is applied in this study, focusing on the analysis of laws and regulations as a research object and primary data source. This study examines the polemic of determining the validity of polygamy based on differences in regulations between the two countries. The results of the study show that Indonesia and Malaysia have similarities in the principle of marriage, namely the principle of monogamy. Polygamy is allowed if the husband meets the conditions set out in the regulations of each country and obtains permission from the Religious Court (Indonesia) or Sharia Court (Malaysia). In addition, both countries place the permission of the first wife as the main prerequisite for filing a polygamy application. In Indonesia, the husband must apply for polygamy to the Religious Court which is then examined by a judge before being granted. In contrast, in Malaysia, a polygamy application in the Sharia Court begins with a request from the husband, which is then followed by the consent of the first wife. These findings strengthen the understanding of the similarities and differences in the application of Islamic family law in Indonesia and Malaysia, especially in the context of polygamy.
DAMPAK ERA DIGITAL TERHADAP PERLINDUNGAN KONSUMEN DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH Riski, Darlin
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 10, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v10i2.11456

Abstract

The era of the digital economy has brought about a major transformation in the way transactions are conducted, which provides convenience but also poses various risks such as fraud and privacy violations. This study aims to investigate the impact of digitalization on consumer protection in the context of sharia economic law, which emphasizes fairness and transparency. Using the literature review method, this study examines relevant literature to draw reflective and in-depth conclusions. The results of the study show that digitalization brings convenience in transactions but also significant risks that many contradict sharia principles. Consumers are often not adequately protected in digital transactions, which can lead to fraud and privacy violations, violating the principles of transparency and fairness. The findings emphasized the need to improve regulation and supervision of digital transactions as well as increase consumer awareness to ensure fair and transparent transactions, in line with sharia principles.  The research underscores the importance of consumer education and stronger regulation to ensure consumer protection in the digital age. Furthermore, business actors must integrate sharia principles in their practices to support fair and transparent trade.
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.

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