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M. Hidayat Ediz
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INDONESIA
Jurnal Elsyakhshi
Published by Sekolah Tinggi Agama Islam Solok Nan Indah
ISSN : -     EISSN : 30326818     DOI : https://doi.org/10.69637/jelsy.v2i1.51
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice
Jurnal Elsyakhsi is an international peer-reviewed journal published by Institute of Research and Community Service STAI Solok Nan Indah, Indonesia in collaboration with the International Islamic Studies Development and Research Center (IISDRC). Details on our focus and scope can be viewed here. Elsyakhshi: Journal Islamic Law is published three times a year June and December and accepts current research articles that have the potential to make a significant contribution to the exploration and development of psychology and behavioral sciences. Articles submitted to this journal must display a well-thought-out study design, appropriate data analysis, and interpretation.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 29 Documents
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Marital Inequality and the Construction of a Sakinah, Mawaddah wa Rahmah Family: A Psychological and Quranic Perspective Syamsiah Nur; Rama Dhini Permasari Johar; Belqis Nayla Shabihah
Jurnal Elsyakhshi Vol. 3 No. 2 (2025): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i2.408

Abstract

This study examines how marriages marked by social and economic inequality can achieve the Islamic ideal of a sakinah, mawaddah wa rahmah family. It aims to identify key sources of conflict in unequal marriages and to formulate Quranic-based solutions for fostering marital harmony. Employing a qualitative approach, the study integrates psychological analysis with tafsir tahlili, utilizing bil ma’tsur and bil ma’qul methods through Tafsir al-Mishbah, Fi Zhilalil Quran, and Tafsir al-Maraghi. The findings reveal that disparities in financial conditions, occupational status, and social prestige constitute the primary sources of marital tension and emotional alienation. Nevertheless, harmony can be cultivated through mutual respect, balanced marital roles, and compassionate interaction grounded in Quranic principles, particularly those articulated in QS Ar-Rum [30]:21, QS Al-Hujurat [49]:10, 13, and QS At-Taubah [9]:71. This study contributes an integrative framework that combines psychological insights and Quranic interpretation to address marital inequality and strengthen Islamic family resilience.
Online Gambling as a Contemporary Form of Maysir: A Maqasid al-Shari'ah Analysis in Islamic Law Gea Aurlina; Farah Dzuliska; Ahmad Anugrah Hasibuan; Yoga Al-Farizi; Ahmad Suryadi; Zahwa Anandira
Jurnal Elsyakhshi Vol. 3 No. 2 (2025): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i2.605

Abstract

The rapid development of digital technology has led to the emergence of online gambling as a contemporary form of maysir, which is increasingly accessible to various segments of society, including Muslim communities. While gambling is explicitly prohibited in Islam, the transformation of maysir in digital platforms raises new juridical and ethical questions in contemporary fiqh. This study aims to analyze online gambling through the framework of maqasid al-shariah, with particular emphasis on the protection of property (hifz al-mal) and intellect (hifz al-aql). Employing a qualitative normative approach, this research is based on a critical review of classical and contemporary fiqh literature, fatwas issued by religious authorities, state regulations, and studies on the social impacts of online gambling. The findings demonstrate that online gambling poses significant threats to the fundamental objectives of Islamic law, not only by undermining individual financial security but also by contributing to intellectual and social harm. The study argues that the maqasid al-shariah approach offers a contextual and adaptive framework for addressing digital-era gambling practices and formulating more responsive Islamic legal reasoning in contemporary society.
Mobilizing Cash Waqf through Sharia Crowdfunding Platforms: A Multi-Country Comparative Study Muhammad Rasyid; Saniah Lubis; Muhammad Radhefa Mumtaza; Nur Indah Permata Sari; Syalwa Azahra
Jurnal Elsyakhshi Vol. 3 No. 2 (2025): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i2.556

Abstract

The digital transformation of the Islamic finance sector has introduced new mechanisms for mobilizing Islamic social funds, particularly cash waqf, which has traditionally faced challenges related to accessibility and distribution efficiency. Sharia crowdfunding platforms, as part of Sharia-compliant financial technology (fintech), enable broader participation and democratization of modern Islamic philanthropic practices. This study aims to examine the effectiveness of Sharia crowdfunding platforms in mobilizing cash waqf through a multi-country comparative qualitative study. Using content analysis of regulatory frameworks, platform governance documents, and publicly available institutional reports, the study identifies key factors influencing platform performance across different socio-economic and regulatory contexts. The findings reveal significant cross-country variations, with Malaysia and the United Arab Emirates demonstrating higher levels of effectiveness, while Indonesia shows strong performance in terms of mass donor participation. Regulatory frameworks, technological infrastructure, and socio-religious characteristics emerge as interrelated pillars shaping the success of cash waqf mobilization through crowdfunding platforms. The study contributes theoretically to the development of Islamic social finance literature and provides practical implications for policymakers, platform developers, and Islamic philanthropic institutions in strengthening an inclusive and sustainable Sharia fintech ecosystem.
Childfree Choices among Muslim Millennials: A Thematic Analysis of Social Factors and Islamic Legal Perspectives Nurul A'la; Ghaitsha Nur Adilla; Muhammad Fadlan; Syifa Salsabila Saneva
Jurnal Elsyakhshi Vol. 3 No. 2 (2025): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i2.586

Abstract

The choice to live childfree has emerged as a growing lifestyle phenomenon among Muslim millennials, raising important social and religious debates within contemporary Muslim family life. This study aims to examine the social factors influencing childfree decisions and to analyze this phenomenon from the perspective of Islamic law, particularly through the framework of maqasid al-shari‘ah. Employing a qualitative case study approach, data were collected through in-depth interviews with Muslim couples who consciously chose to remain childfree and were analyzed thematically using NVivo 12 software. The findings reveal five primary factors shaping childfree choices: economic considerations, mental health and psychological readiness, personal life experiences, social pressure, and ecological awareness. From an Islamic legal perspective, the decision not to have children is generally viewed as inconsistent with the fundamental objectives of marriage, especially the preservation of lineage (hifz al-nasl). Nevertheless, Islamic law allows space for ijtih?d when such decisions are based on legitimate and contextually justifiable considerations and do not constitute a rejection of Islamic principles. This study contributes to the growing body of literature on Muslim family dynamics and offers a conceptual foundation for further research on changing family practices in the modern Muslim context.
Mandatory Bequest for Non-Muslim Heirs in Indonesian Islamic Inheritance Law Akmal Yandi; M. Hidayat Ediz; Jurna Petri Rozi; Ruqayyah Mustafa Mahmud Abdullah Hasan
Jurnal Elsyakhshi Vol. 3 No. 2 (2025): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v3i2.705

Abstract

Article 171 of the Compilation of Islamic Law (Kompilasi Hukum Islam / KHI) stipulates that heirs must be Muslim and related through blood or marriage. Nevertheless, Decision No. 04/Pdt.P/2013/PA Bandung granted inheritance rights to non-Muslim heirs through the mechanism of wasiat wajibah (mandatory bequest). This decision has generated scholarly debate because the majority of Islamic jurists consider religious difference a legal impediment to inheritance, as reflected in prophetic traditions. This study aims to analyze the judges’ legal reasoning (ratio decidendi) and examine its compatibility with the principles of Islamic inheritance law and Indonesian positive law. Employing a qualitative method with a normative juridical approach, this study analyzes statutory regulations, fiqh literature, and judicial decisions. The findings reveal that the judges adopted an interpretive approach by referring to minority juristic opinions and the concept of wasiat wajibah to accommodate substantive justice within Indonesia’s pluralistic society. However, the decision also raises legal concerns regarding the jurisdictional authority of the Religious Court and its consistency with the fundamental principles of Islamic inheritance law concerning religious difference as a barrier to inheritance.
Sharia Compliance in Online Sales Transactions Using the Pre-order System on Shopee Mawarni Lubis; Annisa Safitri; Luthfi Hariri; Aqilla Annaufal; Salim Marzuki
Jurnal Elsyakhshi Vol. 4 No. 1 (2026): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v4i1.710

Abstract

The increasing use of the pre-order (PO) system on e-commerce platforms requires an assessment of its compliance with Sharia principles. However, pre-order practices may still give rise to ambiguity in product information and uncertainty regarding the delivery of goods, potentially involving elements of gharar, tadlis, and dharar. This study aims to analyze the characteristics of pre-order transactions on the Shopee platform and evaluate their compliance with Sharia principles from the perspectives of fiqh muamalah and maqasid al-shariah. The study employs a qualitative method with an exploratory approach through content analysis. Secondary data obtained from books, scholarly journals, academic literature, and relevant legislation were analyzed using a descriptive qualitative approach to examine the validity and Sharia compliance of pre-order transactions on the Shopee platform. The findings indicate that pre-order transactions on the Shopee platform represent a form of e-commerce in which goods are ordered and paid for in advance before they are physically available. Although this practice generally fulfills several indicators of Sharia compliance, it still has the potential to involve elements of gharar, tadlis, and dharar due to ambiguous information and uncertainty regarding the delivery of goods. From the perspective of maqasid al-shariah, pre-order transactions can be regarded as consistent with the objectives of Sharia, particularly in safeguarding wealth (hifz al-mal) and promoting the public interest (maslahah), provided that they are conducted transparently, honestly, and with clear certainty regarding the rights and obligations of all parties involved
The Childfree Phenomenon Through Al Syatibi's Maqasid al Shariah Perspective Ramzy Zarkasyi; Indah Sari Indah Sari; Khairani Azzahro Khairani Azzahro; Ahmad Fernanda Ahmad Fernanda; Iflahul Hamdi Iflahul Hamdi
Jurnal Elsyakhshi Vol. 4 No. 1 (2026): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v4i1.624

Abstract

This study examines the childfree phenomenon through the lens of Imam Al-Syatibi's maqasid al-shariah, with particular emphasis on the concept of hifz al-nasl (protection of lineage and future generations). A qualitative research design employing an exploratory document analysis was adopted. The study analyzed classical Islamic legal texts, particularly Al-Muwafaqat fi Usul al-Fiqh, together with peer-reviewed journal articles and other relevant scholarly publications. The collected documents were examined using qualitative content analysis guided by the maqasid al-shariah framework, involving data reduction, thematic categorization, and interpretive analysis. The findings reveal three main points. First, the childfree phenomenon reflects contemporary social transformations shaped by economic considerations, mental health concerns, traumatic experiences, and increasing recognition of reproductive autonomy. Second, Al-Syatibi conceptualizes hifz al-nasl as one of the essential objectives of Islamic law (al-kulliyat al-khams), aimed at preserving both the continuity and the quality of future generations. Third, from a maqasid based perspective, the permanent decision to remain childfree without a necessity (darurah) is generally inconsistent with the objective of hifz al-nasl. Nevertheless, in circumstances involving substantial harm, the decision may be assessed through a contextual balancing of maslahah (public interest) and mafsadah (harm). This study highlights the relevance of a maqasid al-shariah oriented approach in formulating adaptive Islamic legal reasoning that responds to contemporary social realities while preserving the fundamental objectives of Islamic law
The Status of Adopted Children and Its Implications in Islamic Family Law Melinda Meicha; Nur Hamimah; Nemi Hulayat Nemi Hulayat; Fadilah Syafitra Fadilah Syafitra; Islahul Balad Islahul Balad
Jurnal Elsyakhshi Vol. 4 No. 1 (2026): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v4i1.708

Abstract

This study examines the legal status of adopted children within the framework of Islamic family law, particularly concerning lineage (nasab), guardianship, and inheritance (fara'id). The study aims to analyze the legal status of adopted children from the perspective of Islamic family law and to explain its implications for family relationships and civil rights. This study employed a qualitative doctrinal legal research design combined with qualitative content analysis. Documentary data were obtained from primary legal sources, including the Quran, Hadith, the Compilation of Islamic Law (Kompilasi Hukum Islam), and relevant Indonesian legislation, as well as secondary legal sources comprising peer-reviewed journal articles, scholarly books, legal commentaries, court decisions, and other academic publications. Data were collected through a systematic document review and analyzed using qualitative content analysis involving thematic coding, legal interpretation, and comparative analysis. The findings indicate that adoption under Islamic family law does not alter the child's biological lineage and therefore does not establish legal consequences equivalent to those of biological children with respect to guardianship and inheritance. The study further finds that the protection of adopted children is realized through the principles of kafalah, hibah, wasiat, and wasiat wajibah, which provide mechanisms for safeguarding their civil rights while preserving biological lineage. In the Indonesian context, the legal framework governing adopted children reflects an effort to harmonize Islamic legal principles with child protection, although challenges remain regarding regulatory inconsistencies, legal implementation, and public legal literacy
Reconstructing the Legal Status of Women's Make-Up in Islamic Family Law: A Maqasid al-Shari'ah Perspective Khoirunnas Khoirunnas; Debi Fitria Sari; Ahmad Suryadi Ahmad Suryadi
Jurnal Elsyakhshi Vol. 4 No. 1 (2026): June
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v4i1.762

Abstract

This study aims to reconstruct the legal understanding of women's make-up within the framework of Islamic Family Law through a maqasid al-shariah perspective in response to the evolving role of cosmetics in the lives of contemporary Muslim women. The research employs a normative legal method using conceptual and maqasid al-shariah approaches. The data consist of primary, secondary, and tertiary legal materials collected through a literature review of the Quran, hadith, classical fiqh literature, statutory regulations, and contemporary scholarly works. The data were analyzed qualitatively using content analysis by comparatively examining the perspectives of classical jurists and contemporary Muslim scholars. The findings reveal that the four major Sunni schools of Islamic jurisprudence share a common recognition of the permissibility of women's adornment while differing in their legal methodologies concerning its purposes, limits, and social implications. Contemporary scholars further reinterpret adornment through a purpose-oriented approach that emphasizes the objectives of Islamic law, family welfare, and human dignity. The analysis also demonstrates that adornment constitutes a reciprocal right and responsibility of both spouses in fostering marital harmony and maintaining mutual respect. Based on these findings, this study reconstructs the legal status of women's make-up through a maqasid al-shariah framework in which legal rulings are determined by intention, context, proportionality, and their contribution to protecting religion, human dignity, family harmony, and public welfare rather than by cosmetic use itself. This study contributes to the development of Islamic Family Law by integrating classical fiqh with contemporary maqasid al-shariah reasoning to formulate a more contextual, teleological, and socially responsive legal framework.

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