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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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Deconstruction of the Misconception of Kafā'ah: Reinterpretation Based on Comparative Analysis of Madhhab Qoimah, Nisaul
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16794

Abstract

The concept of kafa'ah in Islamic marriage is often misunderstood as a form of rigid social classification or even considered a requirement for a valid marriage. In fact, kafa'ah in classical fiqh literature is intended to create harmony in the household through the compatibility of spouses in religious, moral, and social aspects. However, there are significant differences in the understanding of kafa'ah among the imams of the madhhabs ranging from the criteria set, the level of urgency, to its implications for the validity of marriage. These differences in interpretation have caused confusion among contemporary Muslim communities and require in-depth comparative studies to correct the misconceptions that have developed. The research is centered on Islamic marriage practices and legal thought and seeks to clarify how kafa’ah can be applied more inclusively and justly in the context of modern society. The findings suggest that kafa’ah should not be reduced to rigid standards but seen as a flexible principle rooted in justice and mutual respect, capable of adapting to contemporary realities to ensure sustainable and harmonious marriages.
Domestic Violence as a Cancellation of Inheritance Rights: An Analysis of Article 173 of the Compilation of Islamic Law Perspective of the Shafi'i School Sholihah, Wilda Masna; Ashari, Winning Son
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17081

Abstract

Domestic violence (DV) is one of the most prevalent forms of human rights violations in Indonesia. In Chapter 173 of the Compilation of Islamic Law (KHI), it is stipulated that a person is barred from becoming an heir if they are proven, based on a final and binding court decision, to have committed murder, attempted murder, severe abuse, or slander against the deceased. Although the term “domestic violence” is not explicitly mentioned, several forms of domestic violence may meet the elements specified in the article. This study examines the status of domestic violence as a nullifier of inheritance rights from the perspective of Article 173 of the Compilation of Islamic Law (KHI) and the Shafi'i school of thought. The objective of this study is to analyze and identify the concept of domestic violence as a nullifier of inheritance rights based on Article 173 of the KHI and the Shafi’i school of thought’s perspective on domestic violence as a nullifier of inheritance rights. This study employs a qualitative approach with a literature review methodology. Research results indicate that acts of domestic violence (KDRT) that constitute murder, attempted murder, serious assault, or defamation against heirs, with a final and binding court decision, can prevent the perpetrator from obtaining inheritance rights, provided that the criminal acts meet the specified qualifications and the criminal penalties are in accordance with the provisions. However, this determination remains subject to the judge's decision and must not be made arbitrarily. In the Shafi'i school of thought, the obstacles to inheritance rights that are explicitly recognized are murder in any form, differences in religion, slavery, differences in status of unbelief, apostasy, and ad-daur al-hukmi, so that domestic violence only becomes an obstacle to inheritance if the act reaches the level of murder of the heir.
From Blessing to Coercion: Parental Authority in Choosing a Child Life Partner in Simpang Padang Perspective on Islamic Family Law Simbolon, Muhammad Iran; Harahap, Risalan Basri; Afriani, Nining
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.15208

Abstract

One of the conditions for the legality of marriage according to the law in Indonesia is the consent of the two prospective brides. Forced marriage is a form of deviation from this principle and can be categorized as a form of violence against children, one of which is through the practice of forced matchmaking. This study aims to analyze the understanding of parental authority in the selection of children's life partners in the community of Simpang Padang Village, Bathin Solapan District, and to examine its conformity with the provisions of Islamic law and positive law. This type of research is an empirical legal research with a qualitative approach conducted on natural conditions through in-depth interviews with parents, children, community leaders, and village officials, and supported by documentation studies of relevant laws and regulations. The results of the study show that based on Article 6 of Law Number 1 of 1974 concerning Marriage, parents do not have the authority to force their children to determine their life partner, but only play a role in providing advice and consent for the benefit of the child. However, empirically, most parents in Simpang Padang Village do not fully understand the legal basis and purpose of the authority, because they view parental consent in child marriage as more of a customary and traditional obligation than a legal mechanism to protect immature children physically and psychologically. From the perspective of Islamic law, the practice of forced marriage is contrary to the principles of willingness (ridha), justice, and protection of the welfare of children, so it is necessary to increase legal understanding and public awareness so that the implementation of marriage is in line with sharia values and the provisions of laws and regulations.
Gharar Problems in the Majek Tradition: Juridical Analysis of Farm Workers' Wages from the Perspective of Sharia Economic Law Diningsih, Alfia; Jafar, Khumedi; Faizal, Liky; Rohmah Wati, Siti
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.16244

Abstract

The employment remuneration practices observed in the majek tradition in Semaka District, Tanggamus Regency reveal significant differences between customary law, the formal regulatory framework, and Sharia principles. The main issues identified in this examination include manifestations of legal ambiguity (gharar) and a lack of protection for workers' rights, stemming from unilateral decisions regarding remuneration and post-harvest wage determination. Data was obtained through comprehensive interviews with landowners and agricultural workers, then analysed through the lens of the principles of Fikih Muamalah and Maqashid Sharia. The findings indicate that the majek tradition fails to meet the legal criteria associated with ijarah contracts due to the prevalence of gharar fahish (excessive uncertainty) regarding wage amounts. Juridically and philosophically, this practice contradicts the principles of justice ('is) and property protection (hifz al-mal) as articulated in Shariah Maqashid. This study advocates the formalisation of direct employment contracts in written form to ensure legal certainty and the protection of agricultural workers, who are positioned as vulnerable parties (mustadh'afin).

Page 16 of 16 | Total Record : 154

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