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NALAR FIQH: Jurnal Hukum Islam
Published by Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi
ISSN : -     EISSN : -     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 87 Documents
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Integrating Restorative Justice and the Principle of Islah in the Reform of Indonesia’s Criminal Justice System Nur Khasanah; Stevani Ameliya Putri; Venita Wulandari; Asrizal Saiin; Mashair Idris
NALAR FIQH: Jurnal Hukum Islam Vol. 17 No. 1 (2026): Juni 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v17i1.2178

Abstract

The Indonesian criminal justice system continues to be predominantly shaped by a retributive paradigm that is centered on formal punishment and incarceration. This has resulted in various structural problems, including prison overcrowding, the ineffectiveness of penal sanctions, victim marginalization, and the weak orientation toward social recovery and communal harmony. These conditions indicate the urgent need for a more humane, restorative, and substantive paradigm of criminal justice reform. The present study aims to analyse the integration of restorative justice and the principle of islah in Islamic law as an alternative framework for reforming Indonesia's criminal justice system. The research employs normative legal research based on library research using conceptual, philosophical, statutory, and comparative approaches. The data were collected through a comprehensive review of extant literature on criminal law regulations, restorative justice doctrines, contemporary Islamic legal scholarship, fiqh jinayah, and maqasid al-syariah theories. These were analysed through a combination of interpretative and content analysis methods. The findings demonstrate that restorative justice and the principle of islah share substantial philosophical convergences in their orientation towards peacebuilding, reconciliation, restoration of social relations, community participation, and substantive justice. The principle of islah functions not merely as a conflict resolution mechanism within Islamic legal tradition, but also serves to strengthen the moral, social, and humanistic dimensions of restorative justice within Indonesia's religious and plural society. The present study proposes an integrative formulation between modern criminal law and contemporary Islamic legal values, positing these as a model for a more restorative, humane, and socially just criminal justice reform.
Reconstructing Sustainable Development Through Zakat: A Maqasid Al Shariah Framework for SDGs Integration: Ahmad Fuatul Hasan; Tanzilla Nur Yufikha; Nafisah Amalia Azzahra; Kayode Muhammed Ibrahim; Khusnul Khatimah
NALAR FIQH: Jurnal Hukum Islam Vol. 17 No. 1 (2026): Juni 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v17i1.2291

Abstract

This article examines the integration of zakat and the Sustainable Development Goals (SDGs) through the framework of maqasid al-shariah within the broader discourse of Islamic sustainable development. Existing studies predominantly conceptualize zakat as a technical instrument for poverty alleviation and wealth redistribution, while limited attention has been devoted to its epistemological and philosophical integration with contemporary sustainable development paradigms. This study aims to analyze the substantive relevance of zakat to the SDGs, explore maqasid al-shariah as a normative foundation for sustainable welfare, and formulate an integrative model of maqasid-based sustainable development. Employing normative juridical research with a qualitative library approach, this study critically examines contemporary literature on Islamic social finance, sustainable development, and maqasid studies. The findings reveal that zakat demonstrates substantial relevance to several SDGs, particularly those related to poverty reduction, social justice, economic inclusion, and sustainable welfare. Moreover, maqasid al-shariah offers a comprehensive ethical and philosophical framework capable of reconstructing sustainable development beyond material growth toward a justice-oriented and human-centered paradigm of welfare. Based on these findings, the study proposes a "Maqasid-Based Sustainable Zakat Development Model" that integrates zakat governance, productive empowerment, Islamic social finance, and SDGs-oriented development strategies. The article contributes to the discourse on Islamic economic law and sustainable development by providing an integrative framework that bridges Islamic normative principles with contemporary global development agendas.
Hybrid Legality in Imported Thrifting: Navigating the Intersection of Fiqh Muamalah and State Regulatory Authority in Contemporary Indonesia Adam Malik; Rara Mila Hafidzoh; Reva Aulia; Muhammad Sayuti Hasan
NALAR FIQH: Jurnal Hukum Islam Vol. 17 No. 1 (2026): Juni 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v17i1.2175

Abstract

The rapid expansion of transnational second-hand clothing markets, commonly known as imported thrifting, has generated significant legal controversy in Indonesia, where the government formally prohibited the importation of used clothing through Ministerial Regulation of Trade Number 40 of 2022. This regulatory prohibition creates a complex normative tension, as imported thrifting transactions appear, on their face, to satisfy the contractual pillars and conditions of validity under Islamic commercial jurisprudence (fiqh muamalah), yet are simultaneously subject to state prohibition on grounds of public health protection, domestic industry preservation, and macroeconomic stability. Existing scholarship has addressed these dimensions in isolation, leaving a significant theoretical gap in understanding how Islamic commercial law and state regulatory authority interact within the same economic phenomenon. This study addresses that gap through a normative legal research design employing comparative-normative analysis across three sequential analytical stages: internal assessment of transactional validity under fiqh muamalah, examination of the policy rationale of Indonesian positive law, and dialectical synthesis through the maqasid al-shariah framework. The findings establish that imported thrifting operates simultaneously within two non-contradictory normative registers, private validity under Islamic contract law and public prohibition under state regulation, a condition this study terms "hybrid legality." The analysis further demonstrates that the state's regulatory prohibition carries robust Islamic normative legitimacy through the objectives of hifz al-nafs and hifz al-mal at the collective level, and through the jurisprudential principle of tasarruf al-imam 'ala al-ra'iyyah manut bi al-maslahah. The concept of hybrid legality is proposed as an original analytical model for understanding transnational economic phenomena in contemporary Muslim societies, offering a framework that transcends the binary halal-haram dichotomy and situates Islamic legal reasoning within broader debates on legal pluralism, state authority, and public welfare governance.
Beyond Textual Prohibition : Maslahah Social Control and the Customary Ban on Intracommunity Marriage in West Sumatra Tiara Anisa; Dedi Sumanto; Tasnim Rahman Fitra; Zainab Yusuf
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 2 (2025): Desember 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v16i2.2319

Abstract

The interaction between Islamic law and customary law remains a significant issue in contemporary Islamic family law, particularly in communities where local traditions continue to regulate marital practices beyond the explicit provisions of Islamic jurisprudence. One such tradition is the prohibition of same-village marriage in Korong Toboh Mandahiling, Nagari Balah Aia, West Sumatra. While Islamic law does not prohibit marriage between individuals from the same village, the custom has been maintained across generations as a binding social norm. Existing studies have primarily focused on normative tensions between Islamic law and adat, with limited attention given to the sociological rationality and maqasid al-shariah dimensions underlying such prohibitions. This study aims to examine the sociological foundations of the same-village marriage prohibition and evaluate its relevance through the perspectives of legal pluralism, 'urf, and maqasid al-shariah. Employing a qualitative socio-legal approach, data were collected through interviews with customary leaders, religious figures, community elders, and local residents, supported by observation and document analysis. The findings reveal that the prohibition functions as a mechanism for preventing communal conflict, expanding inter-village kinship networks, and preserving social harmony. From the perspective of Islamic law, the custom may be classified as 'urf sahih because it does not contradict Shariah principles and serves recognized social benefits. Furthermore, the prohibition contributes to the realization of several maqasid dimensions, namely the protection of lineage (hifz al-nasl), social dignity (hifz al-'ird), and public welfare (maslahah 'ammah). This study argues that the prohibition represents a contextual manifestation of living Islamic law in which customary norms and Islamic legal principles operate as complementary rather than competing systems. The article contributes to contemporary debates on legal pluralism and the contextual realization of Islamic legal objectives within Muslim societies.
From the Halal-Haram Dichotomy to a Typology of Contextual Law: An Analysis of Fiqh Muamalah and Maqashid al-Shari'ah Regarding PayLater Services in Indonesia Aim Aminulhaq; Siti Zubaidah; Syaikhoni
NALAR FIQH: Jurnal Hukum Islam Vol. 17 No. 1 (2026): Juni 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v17i1.2465

Abstract

The rapid growth of PayLater (Buy Now Pay Later/BNPL) services in Indonesia, particularly among Generation Z, has raised complex legal issues regarding their compliance with Sharia principles. This study aims to analyze the legal status of PayLater through an integrated approach combining fiqh muamalah and maqashid al-shariah, rather than simply categorizing it dichotomously as halal or haram. The study employs a normative legal method with a descriptive-analytical-comparative design, utilizing a document review of the terms and conditions of the four largest PayLater platforms (SPayLater, GoPay Later, Akulaku, and Kredivo), DSN-MUI Fatwa No. 117/DSN-MUI/II/2018, and POJK No. 32 of 2025, triangulated with secondary empirical data from OJK, Kredivo-KIC, and IdScore. The research results identified three dominant contractual models, bai' muajjal, murabahah, and hybrid qardh, with the hybrid qardh model proving to be the most problematic because it structurally replicates riba al-jahiliyyah. An analysis of maqashid al-shariah reveals that the use of PayLater has the potential to threaten hifz al-mal and hifz al-'aql, particularly given Generation Z's relatively low level of financial literacy and the platform's design, which encourages impulsive consumer behavior. Based on these findings, this study proposes a typological framework of three normative categories, conditional mubah, makruh, and haram, as a more proportionate evaluation tool. It also recommends strengthening DSN-MUI fatwas, ensuring cost transparency by the OJK, improving Islamic financial literacy, and developing competitive Sharia-compliant BNPL products to create a digital financing ecosystem aligned with the fundamental objectives of maqashid al-shariah.
The Development of Professional Zakat in the Digital Age; A Critical Analysis of the Determination of Professional Zakat for Content Creators in Indonesia Hilmi Ridho; Afif Sabil; Khoirul Anwar; Nur Solikin; Hjh. Mas Nooraini binti Hj. Mohiddin
NALAR FIQH: Jurnal Hukum Islam Vol. 17 No. 1 (2026): Juni 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/nf.v17i1.2504

Abstract

The purpose of this study is to examine the appropriate zakat rate for content creators from the perspective of zakat law, evaluate its distributive justice, and formulate strategic measures to enhance zakat compliance among digital content creators. This research employs a normative-doctrinal legal approach based on library research and deductive reasoning. The primary legal materials consist of Konsensus Ulama Fatwa Indonesia: Himpunan Hasil Ijtima' Ulama Komisi Fatwa se-Indonesia VIII Tahun 2024, Potensi Zakat YouTubers, Influencers, and E-Commerce Affiliates di Indonesia 2024, and credible reports from online media concerning the latest income data of content creators across various digital platforms. Secondary legal materials include the opinions of contemporary Muslim scholars and previous studies on professional zakat. The findings reveal that income generated through social media activities constitutes zakatable wealth because it is earned regularly and, in many cases, exceeds the income of agricultural producers. Therefore, the Indonesian Council of Ulama (MUI) fatwa prescribing a professional zakat rate of 2.5% or 2.57% for digital content creators requires further reconsideration, as it raises concerns regarding equity when compared with the zakat obligations imposed on farmers. This study argues that the zakat rate applicable to digital content creators should be aligned with the provisions of agricultural zakat, namely 5% or 10%, depending on the production costs incurred in generating digital content. Furthermore, zakat should be calculated based on gross income rather than net income. To improve zakat compliance, zakat institutions should develop integrated digital payment systems connected to social media platforms, collaborate with prominent influencers to promote zakat awareness, and advocate for tax incentives for content creators who fulfill their zakat obligations. The study contributes to the ongoing development of professional zakat discourse in the digital era by recognizing content creation as a profession subject to zakat. It also underscores the importance of establishing zakat obligations for emerging professions that generate substantial income. Future research should explore the extent to which content creators comply with professional zakat requirements and identify factors influencing their compliance behavior.
Polygamy as a Conditional Legal Concession (Rukhsah): A Maqasid al-Shariah Evaluation of Islamic Family Law in Indonesia Novia Sri Rahayu; Adjie Tara Saputra; Siti Zubaidah
NALAR FIQH: Jurnal Hukum Islam Vol. 16 No. 2 (2025): Desember 2025
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Polygamy remains one of the most debated issues in Islamic law, particularly amid growing demands for gender justice and the transformation of modern family structures. Although studies on polygamy from the perspective of maqasid al-shariah have expanded considerably, most prior research treats the concepts of rukhsah and maslahah in isolation, leaving a gap in integrated evaluative frameworks for assessing the substantive validity of polygamy on a case-by-case basis. This article aims to address that gap by analyzing polygamy through the conceptual relationship between rukhsah (legal dispensation) and maslahah (hierarchical public interest), and evaluating it against the five objectives of maqasid al-shariah, with specific reference to Islamic family law regulation in Indonesia. The study employs a qualitative-normative approach through library research, utilizing comparative analysis (muqaranah) of classical and contemporary usul al-fiqh sources alongside recent socio-legal studies. Three principal findings emerge: first, polygamy holds the status of a conditional rukhsah ibahah - a cause-bound legal dispensation, not a self-standing textual permission; second, the maslahah arguments advanced in support of polygamy operate only at the hajiyyah (secondary) level, while the potential mafsadah it produces - psychological neglect, economic instability, and domestic conflict - threatens interests at the daruriyyah (primary) level, rendering generalized justifications hierarchically untenable; third, Indonesia's regulatory framework is structurally consistent with the maslahah hierarchy, yet persistent implementation gaps - most notably the prevalence of unlicensed polygamy - critically undermine the realization of substantive maslahah. The principal contribution of this article lies in unifying the rukhsah-maslahah framework as a single evaluative lens, shifting the central question from "is polygamy permissible" to "under what conditions and through what institutional verification mechanisms may its rukhsah status legitimately be activated?"

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