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Kholil Syu'aib
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Jambi
INDONESIA
Articles 49 Documents
Challenges and Solutions of Mal Zakat Management: A Case Study of Public Awareness and Trust in UPZ in Rimbo Bujang District Sifa, Nikmatus; H. Husin Bafadhal; Herri Novealdi; Mahmudi; Angga Bayu Pratama
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 2 (2024): December 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i2.1553

Abstract

Zakat has a strategic role in reducing social inequality and improving the welfare of Muslims, but its implementation still faces challenges, especially in the management of mal zakat through official institutions such as the Zakat Collection Unit (UPZ). In Rimbo Bujang Sub-district, the low level of public awareness and trust towards UPZ are the main obstacles in optimizing the management of mal zakat. The lack of zakat mal literacy and lack of innovative education create a gap between zakat obligation and its implementation in the community. This research uses a qualitative approach with descriptive method, relying on in-depth interviews, observation, and document analysis to understand this phenomenon in depth. The results show that the low awareness of zakat mal is caused by the lack of understanding of the zakat mechanism through UPZ and ignorance of its benefits, while the level of public trust in zakat institutions is still low due to the lack of transparency and accountability. Nevertheless, education through religious activities such as tausiyah and leaflet distribution has the potential to improve zakat literacy. This study emphasizes the importance of collaboration between UPZ, religious leaders, and the government in strengthening zakat education regulations and innovations, as well as the use of digital technology to expand the scope of zakat literacy. The findings provide theoretical contributions in zakat literature and offer practical solutions for more effective, inclusive, and transparent zakat management.
The Effectiveness of Istinsyaq and Istinsar as an Islamic-Based Approach in the Prevention and Treatment of Sinusitis: Integration of Spiritual Values and Modern Medical Perspectives Desi Widya Fitri; Ikhwan; Huda, Yasrul
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 2 (2024): December 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i2.1593

Abstract

The mouth and nose are organs that are vulnerable to exposure to bacteria, viruses and germs, which can trigger various diseases including sinusitis. In Islam, the practices of istinsyaq and istinsar, which are part of ablution, have significant potential in cleansing the nasal cavity and preventing infections. Previous studies have shown the benefits of istinsyaq on respiratory health, but not many have linked it in depth to the prevention and treatment of sinusitis. This research uses the literature study method by analyzing data from various scientific sources such as Mendeley, Google Scholar, and Science Direct to explore the effectiveness of istinsyaq and istinsar in a medical and Islamic context. The results showed that the practices of istinsyaq and istinsar, when performed routinely five times a day in ablution, are similar in effectiveness to modern nasal irrigation methods, clearing mucus, dirt and microorganisms that can cause infection. The findings also indicate a reduced risk of respiratory tract infections and improvement in sinusitis symptoms. This study makes an important contribution by showing that Islamic teachings not only serve as a spiritual act of worship but also offer relevant practical solutions in public health. This study recommends further research to explore the application of istinsyaq as part of public health protocols in the prevention of respiratory diseases.
The Transformation of Hadhanah in the Digital Era: Islamic Parenting Strategies with Technology ani, sulhani; Paujan Azim; M Azik; Nu Sopyah; Badriyah
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 2 (2024): December 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i2.1687

Abstract

The concept of hadhanah, rooted in Islamic parenting principles, encompasses physical, moral, and spiritual care for children. In the digital era, parents face unique challenges, particularly in semi-urban settings like Mendalo Indah, where rapid technological adoption influences traditional childcare practices. Despite the growing discourse on digital parenting, limited studies explore how Islamic values integrate with technology in such contexts. This qualitative research employs a phenomenological approach, combining participatory observation and in-depth interviews with parents, educators, and religious leaders in Mendalo Indah. The findings reveal that while 70% of parents utilize Islamic apps, only 25% actively supervise children's internet use, highlighting a significant gap between the idealization of Islamic parenting and its practical application in the digital age. Furthermore, parents struggle with balancing work and parenting responsibilities, often relying on unsupervised technology that risks moral degradation. The study emphasizes the importance of Islamic digital literacy, including strategies for content filtering, productive screen time, and dialogic engagement, as well as community-based initiatives involving ulama and local leaders. These findings underscore the need for a holistic parenting paradigm that integrates spiritual values with modern technology, positioning parents as navigators of both religious and digital ecosystems. This research provides actionable insights for creating adaptive, value-based Islamic parenting strategies that respond to contemporary challenges while preserving traditional principles.
Socio-Cultural Impact and Relevance of Islamic Law in the Matchmaking Tradition in Koto Petai Village, Tanah Cogok Subdistrict, Kerinci Regency nadia, ghina; Sibawaihi, Muhammad Sibawaihi; Yuliatin, Yuliatin; Mustiah, Mustiah RH; Yogi, Muhammad Yogi Sandra
NALAR FIQH: Jurnal Hukum Islam Vol. 15 No. 2 (2024): December 2024
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v15i2.1693

Abstract

The tradition of arranged marriage is a social phenomenon that has become part of the culture of many communities, including Koto Petai Village, Tanah Cogok Sub-district, Kerinci Regency, which combines local culture with the principles of Islamic law. In the context of Islamic law, arranged marriages are permissible as long as they fulfill the principle of maslahah and do not violate individual rights, but this practice often conflicts with the freedom to choose a life partner. Previous studies have highlighted the negative impacts of arranged marriage, but few have provided an in-depth analysis of the application of wali mujbir and maqashid al-syariah in the local context. This research uses a qualitative method with a case study approach through in-depth interviews, observation, and analysis of Islamic legal documents. The results showed that arranged marriage can have a positive impact in the form of creating a harmonious family and strengthening relationships between families, but it can also have negative impacts such as psychological pressure, loss of the right to choose a partner, and divorce if done without considering the wishes of the child. This study also found that the principles of maslahah and wali mujbir remain relevant in the practice of matchmaking, but must be implemented with due regard to consent and justice for both parties. The findings provide theoretical contributions in the development of Islamic family law studies as well as practical guidance for managing matchmaking traditions by respecting individual rights, thus creating harmony between traditions and Islamic values.
Harmonization of Criminal Sanctions against Notaries: A Comparative Analysis between Indonesian Positive Law and the Concept of Jarimah Takzir in Islamic Law Amin, Yanuardi; Ruslan, Ruslan; Ramlah, Ramlah; Wakhidah, Rida Luthfiana Wakhidah; Mohammed Milad, Ashraf Jomah
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 01 (2025): Juni 2025
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i01.1758

Abstract

The notarial profession in Indonesia occupies a strategic position as a public official authorized to create authentic deeds with complete evidentiary force; however, the phenomenon of notarial involvement in criminal acts has experienced a significant increase that threatens professional integrity and public trust in the notarial institution. At least 137 notaries have been implicated in criminal cases, with the majority involving document forgery, fraud, and embezzlement, while the regulation of criminal sanctions in Law Number 2 of 2014 concerning Notarial Positions remains limitative and creates legal uncertainty. This research aims to comprehensively analyze the legal implications of imposing sanctions on notaries who commit criminal acts by integrating perspectives from positive law and Islamic law, identifying juridical and non-juridical factors causing notaries to receive criminal sanctions, analyzing the harmonization of supervision systems and sanction imposition mechanisms, and examining the concept of jarimah takzir as an educative and rehabilitative alternative to punishment. The research employs a normative juridical method with statutory and conceptual approaches, analyzing primary legal materials consisting of legislation and court decisions, secondary legal materials comprising scholarly literature, and tertiary legal materials, through library research techniques and qualitative data analysis using descriptive-analytical methods and deductive reasoning. The research findings indicate that juridical factors in the form of normative vacuums in criminal sanctions and non-juridical factors in the form of moral integrity degradation constitute the primary determinants; the supervision system necessitates coherent harmonization among administrative, civil, ethical code, and criminal sanctions by applying the principle of ultimum remedium, while the Islamic law perspective through the concept of jarimah takzir offers a philosophical alternative emphasizing educative and rehabilitative dimensions by classifying deed forgery as a manifestation of falsehood and breach of trust that contradicts Islamic principles of justice. This research contributes theoretically to strengthening the theory of criminal liability for official positions and practically recommends legislative reformulation to fill legal vacuums and strengthen a supervision system that is rigorous yet just in order to maintain the integrity of the notarial profession and the legitimacy of public trust in the notarial institution within the framework of Indonesia's national legal system  
Development of Women's Fiqh Learning in State Islamic Senior High Schools: Integration of Islamic Gender Education Theory, Inquiry-Based Learning, and Strengthening of Islamic Character Luhuringbudi, Teguh; Liza, Fitri; Abdiguno, Panggih; Kurniawan, Edi; Utami, Dewi Nita; Alsayd, Abdulnasir Dhaw
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 01 (2025): Juni 2025
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i01.1883

Abstract

This research examines a crucial problem in women's fiqh education at Madrasah Aliyah: the dominance of normative-textual approaches that provide minimal space for critical dialogue on contemporary social dynamics and female identity. The study aims to design an integrated learning model for women's fiqh through a combination of Islamic Gender Education Theory, Inquiry-Based Learning, and Islamic Character Strengthening Philosophy. Data collection methods included online surveys via Google Forms, analysis of Grade XI fiqh textbooks, and examination of the classical text Ris?lah al-Ma???. Data analysis employed three theoretical frameworks: Sharia contextualism according to Zainah Anwar, inquiry cycle theory by Margus Pedaste, and personality transformation philosophy by Syed Muhammad Naquib al-Attas.Research findings reveal that although the majority of students perceive menstrual regulations as fair, their understanding remains static without critical reflection on cultural and gender contexts. The integration of these three approaches proved effective in creating a more participatory, inclusive, and meaningful learning experience. The study concludes that a paradigm shift is necessary—from information transfer to transformative educational processes. Research limitations include a narrow geographical scope and a predominantly female respondent base. The novelty of this research lies in its multi-dimensional integration approach, which has not been widely explored in academic literature. Recommendations for future research include direct implementation testing across diverse regions and the development of specific Islamic character assessment instruments tailored to women's fiqh education contexts. This model is expected to serve as an alternative learning approach that is more responsive to the needs and social realities of contemporary Muslim women, bridging traditional Islamic scholarship with modern pedagogical methodologies while maintaining religious authenticity and promoting gender-sensitive understanding
Between Flexibility and Firmness: Imam al-Hishni's Fiqh Methodology in Responding to Contemporary Islamic Economic Dilemmas Faiz, Yaqeen; Padli, Muhamad; Rahman, Pathur; Riki, Ahmad; Romli Samae, Syarif bin Muhammad
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 01 (2025): Juni 2025
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i01.1969

Abstract

The digital economic transformation has propelled Islamic financial transactions to reach USD 3.95 trillion in 2023; however, an epistemological discontinuity persists between contemporary muamalah practices and classical Islamic intellectual heritage. This research analyzes the jurisprudential choices (ikhtiyarat fiqhiyyah) of Imam Taqiyuddin al-Hishni (752-829 AH) concerning commercial transactions involving discerning minors (mumayyiz) and the sale of musical instruments, while exploring his istinbath methodology and its relevance to contemporary Islamic economic issues, particularly within the contexts of e-commerce and Indonesia's halal creative industry valued at USD 7.2 billion.Employing a qualitative approach with descriptive-analytical library research, this study utilizes primary sources including al-Hishni's Kifayah al-Akhyar and classical biographical works, supplemented by secondary sources encompassing exegetical literature and comparative fiqh. Data analysis applies directed content analysis techniques grounded in the theoretical framework of usul fiqh and maqasid al-shariah.Research findings demonstrate that al-Hishni implemented contextual flexibility regarding transactions by discerning minors, permitting such transactions when guardian consent and equivalent value exist, based on the principles of 'ammah bihi al-balwa and istishlah. Conversely, he adopted a stringent position prohibiting the trade of musical instruments by applying sadd al-dzari'ah, arguing that their primary function induces heedlessness from the remembrance of Allah despite their economic value.Al-Hishni's methodology, which distinguishes when to exercise flexibility in technical-procedural matters for public interest and when to maintain firmness in protecting spiritual values, offers significant theoretical contributions to the development of the theory of ahliyyah al-ada' al-naqishah (incomplete legal capacity to act) in Islamic economic law. Furthermore, it provides practical contributions as a reference framework for formulating DSN-MUI fatwas regarding youth participation in Islamic fintech platforms and developing comprehensive halal entertainment certification standards for Indonesia's creative industry ecosystem.    
Childfree in the Lens of Islamic Jurisprudence: Women’s Reproductive Rights between Classical and Contemporary Fiqh Eka Putri, Nerisma; Hariyadi, Riski; Najah, Ibnu; Arisandi, Rikki; Muhammad Babayya, Abubakar
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 01 (2025): Juni 2025
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i01.2081

Abstract

In religious conception, marriage is the law chosen by God as a means for humans to have offspring. However, not all married couples have the desire to have children. The unwillingness to have children is often referred to as childfree. Childfree is the desire not to have children in the future. In Indonesia, the term childfree began to attract attention on social media since Analisa Widyaningrum, a clinical psychologist, invited Gita Savitri, so that this opinion eventually reaped pros and cons in various circles. Therefore, researchers are interested in examining how childfree is viewed based on classical and contemporary fiqh studies. This research uses library research with a qualitative approach, namely to examine the phenomenon of childfree based on women's reproductive rights, then examine childfree based on historical facts from classical fiqh through the works of classical Ulama' and childfree based on contemporary fiqh, by adjusting the opinions of Ulama' in accordance with the reality of modern times. It can be found that according to the reproductive rights of childfree women, as stated by Masdar, emphasizing that a wife has the right to want to get pregnant and determine the number of children she wants, such things should be the free choice of the individual concerned. Any party has no right to intervene and even impose their will in any way and for any reason. Because in the future those who bear the risk are of course both parties, especially a wife. Furthermore, based on classical fiqh, Childfree can be equated with the term 'Azl, namely rejecting the existence of a child before it has the potential to exist and this is not punished as haram, but rather punished as makruh based on the Book of Ihya 'Ulum al-Din. Furthermore, childfree based on contemporary fiqh there is also no prohibition either in the Qur'an or hadith, the agreement of husband and wife not to have children is allowed especially on the basis of concerns or because of illness, this is also the same as classical fiqh where the problem of childfree is qiyaskan with the problem of Azl.    
Strengthening Sharia Crowdfunding Law through the Maqasid al-Shari'ah Approach: An Analysis of Financial Services Authority Regulation (POJK) Maryani, Maryani; Irvan, Irvan; Marfinas, Zelki; Habibillah, M. Raihan; Kurnia, Deni; Pratama, M. Ridho
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 01 (2025): Juni 2025
Publisher : Fakultas Syariah Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i01.2088

Abstract

The rapid growth of Indonesia’s sharia digital economy has created new financing models, particularly sharia crowdfunding, as an inclusive alternative for MSMEs. However, the current regulatory framework Financial Services Authority Regulation (POJK) No. 16/POJK.04/2021, remains general and has not fully incorporated sharia compliance principles. This study aims to analyze the strengthening of sharia crowdfunding law through the Maqasid al-Shari‘ah approach, emphasizing maslahah (public welfare), hifz al-m?l (protection of wealth), and ‘adl (justice). Using a normative legal method that combines statute and conceptual approaches, this research evaluates the extent to which POJK No. 16/2021 aligns with Islamic legal objectives. The findings show partial conformity, strong in procedural governance but weak in substantive justice and sharia supervision. The absence of a Sharia Supervisory Board (DPS) and explicit sharia audit requirements limits regulatory effectiveness. The study recommends reconstructing POJK No. 16/2021 through an integrated sharia governance system involving OJK, DSN-MUI, and halal certification bodies. Mandatory sharia audits, digital financial literacy, and value-based supervision are proposed to enhance ethical accountability. Such reform would harmonize technological innovation with the moral imperatives of Maqasid al-Shari‘ah, positioning Indonesia as a global pioneer in Islamic digital finance.