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Heri Firmansyah
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INDONESIA
Albayan : Journal of Islam and Muslim Societies
Published by Yayasan Dar Arrisyah Indonesia
ISSN : -     EISSN : 30646219     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in Asia and Middle East.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 62 Documents
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Urgensi Kajian Tarikh al-Tasyri’ dalam Formulasi Hukum Islam Kontemporer Salwa Husni Aprilia Pasaribu; Nur Azizah Shazrina; Rizky Ananda Marpaung; Ali Yanda Safaruddin Tanjung; Arman Alfiansyah Hasibuan
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
Publisher : Albayan Journal of Islam and Muslim Societies

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Abstract

The study of Tarikh al-Tasyri‘ is a discipline that traces the formation of Islamic law from the prophetic era to the modern age, providing an essential historical framework for formulating contemporary Islamic legal rulings that remain adaptive while rooted in the tradition of the Shari‘ah. This research employs a qualitative, library-based approach to explore the development of Islamic legislation through key phases, beginning with the revelation of the Qur’an, the practices of the Companions, the formation of legal schools, and the transformation of law in the modern nation-state era. The findings indicate that Islamic law possesses dynamic, historical, and contextual characteristics, making an understanding of its historical trajectory crucial for interpreting the law accurately within the context of rapid social change. The integration of Tarikh al-Tasyri‘, maqasid al-shari‘ah, and contemporary ijtihad methodologies forms the epistemological foundation for constructing modern Islamic law that is not only normative but also relevant and responsive to present-day challenges. The novelty of this study lies in utilizing the history of legislation not merely as a descriptive record but as an active epistemological source for formulating contemporary approaches to Islamic legal thought.
KHULU' DALAM PERSPEKTIF FIKIH KLASIK DAN IMPLEMENTASINYA DALAM HUKUM POSITIF INDONESIA Siti khodijah; Firmansyah , Heri
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
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Khulūʿ, as a divorce mechanism initiated by the wife through the payment of iwāḍ (compensation) to the husband, is a legal institution deeply rooted in classical Islamic jurisprudence, yet it has undergone significant transformation when adopted into modern legal systems, including that of Indonesia. This study reassesses the concept of khulūʿ across the four Sunni schools of law and compares these doctrinal formulations with its judicial implementation within the Indonesian legal system, particularly through the Kompilasi Hukum Islam (KHI) and the practices of the Religious Courts. Employing a qualitative, library-based research approach combined with doctrinal and comparative legal analysis, this research finds that although the fundamental elements of khulūʿ—such as the requirement of iwāḍ, the absence of the husband’s right to revoke the divorce, the prescribed ʿiddah, and the centrality of mutual consent—are maintained, the Indonesian legal system has formally institutionalized khulūʿ by mandating judicial proceedings, requiring specific grounds for divorce, authorizing judicial intervention in determining iwāḍ when no agreement is reached, and introducing administrative procedures absent from classical fiqh discourse. The study concludes that the Indonesian model of khulūʿ reflects a process of Islamic legal adaptation shaped by the demands of modernity, the administrative needs of the state, and the imperative of protecting women, thereby producing a dialectical relationship between fiqh orthodoxy and contemporary family law regulation.
Perempuan dan Pendidikan: Studi Historis-Kritis Dari Zaman Klasik Hingga Modern Dalam Konteks Pendidikan Islam Listi Hani Siregar; Siti Juraida Hasibuan; Abdusima Nasution
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
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This article critically examines the position and role of women in education through a historical and Islamic perspective. The discussion traces the development of women’s education from ancient civilizations, the pre-Islamic era, the classical Islamic period, to the modern and contemporary context. Using a qualitative library research method with a historical-critical approach, this study analyzes normative Islamic texts, historical records, and contemporary scholarly works to explore the gap between Islamic ideals and social practices regarding women’s education. The findings demonstrate that women’s education has strong theological legitimacy in Islam and has played a significant role in the transmission of knowledge and the development of civilization. Furthermore, the emergence of women-only educational institutions reflects adaptive strategies to expand access while responding to socio-cultural contexts. This study argues that strengthening women’s education is not merely a matter of gender equality, but a strategic foundation for building an ethical, knowledgeable, and sustainable society.
Penalaran Hukum (Istinbāṭ) Walimatul ‘Ursy dalam Fikih Syafi’iyah dan Relevansinya terhadap Kompilasi Hukum Islam di Indonesia Marpaung, Mukhlis Tri Mulya; Heri Firmansyah
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
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Abstract

Walīmat al-ʿurs constitutes an important socio-religious practice in Islamic marriage, particularly within Muslim societies that adhere to the Shāfiʿī school of law. This article examines the legal reasoning (istinbāṭ) employed by Shāfiʿī jurists in determining the legal status of walīmat al-ʿurs and analyzes its relevance to Indonesia’s Compilation of Islamic Law (Kompilasi Hukum Islam/KHI). Employing a normative legal research method with conceptual and comparative approaches, this study analyzes classical Shāfiʿī legal texts alongside statutory Islamic family law in Indonesia. The findings demonstrate that Shāfiʿī jurists derive the ruling of walīmat al-ʿurs through an integrative mode of legal reasoning that combines textual commands of the Prophet, contextual indicators (qarāʾin), and functional considerations of marriage publicity (iʿlān al-nikāḥ), resulting in its classification as sunnah muʾakkadah. Meanwhile, the absence of explicit regulation on walīmat al-ʿurs in the KHI reflects a legislative choice to prioritize administrative and juridical aspects of marriage over ritual-social practices. This study argues that walīmat al-ʿurs remains epistemologically, normatively, and functionally relevant to the KHI as a form of living Islamic law that complements codified legal norms. The article contributes to Islamic legal scholarship by highlighting the continued relevance of classical Shāfiʿī legal reasoning in understanding and evaluating contemporary Islamic family law in Indonesia.
Penyelesaian Sengketa Hasil Pemilihan Kepala Daerah dan Prinsip Keadilan Konstitusional: Analisis Putusan Mahkamah Konstitusi Nomor 152/PHPU.BUP-XXIII/2025 dalam Perspektif Demokrasi dan Nilai Islam Koko Nugroho; Halimatul Maryani
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
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This article examines the settlement of regional head election disputes in Indonesia through an analysis of Constitutional Court Decision No. 152/PHPU.BUP-XXIII/2025 concerning the 2024 Regent Election of Deli Serdang. The study aims to assess how the Constitutional Court resolves electoral disputes within the framework of constitutional justice and to evaluate the decision from the perspective of electoral justice and Islamic values relevant to Muslim societies. Employing a qualitative normative–empirical legal research approach, this article analyzes constitutional provisions, statutory regulations, and the Court’s legal reasoning (ratio decidendi), supported by limited empirical data related to the electoral context.  The findings indicate that the Constitutional Court consistently prioritizes procedural justice by strictly applying the vote-difference threshold as stipulated in Law No. 10 of 2016, thereby emphasizing legal certainty and political stability. However, this procedural orientation potentially constrains substantive justice, particularly when claims relate to the quality of the electoral process and voter participation affected by external conditions. From the perspective of Islamic legal and ethical principles—such as ʿadl (justice), amānah (trust), and maslaḥah (public interest)—the decision reflects institutional responsibility and formal legality, yet leaves room for a more socially responsive approach to electoral justice. This article contributes to existing scholarship by integrating constitutional law analysis with Islamic normative values, offering an interdisciplinary perspective on electoral dispute resolution in Muslim societies. It argues that incorporating ethical and social considerations alongside procedural requirements may strengthen public trust and enhance the substantive quality of democratic governance at the local level.
IJARAH, UJRAH, DAN ISTI’JAR DALAM PERSPEKTIF ILMU HADIS DAN HUKUM ISLAM Mulkan Nasution; Fauzan Mas’ar; Muhari Syahlaili Saragih; Muhammad Taufiq Nasution
Albayan Journal of Islam and Muslim Societies Vol. 2 No. 02 (2025)
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The rapid development of Islamic economics in Indonesia has intensified the implementation of contracts based on ijārah, ujrah, and isti’jār in various business and financial activities. This article aims to analyze the concepts of ijārah, ujrah, and isti’jār from the perspective of hadith studies and to examine them within the framework of Islamic law. This research employs a qualitative library-based method. The methodology includes thematic hadith exploration, takhrīj al-hadith, sanad criticism, and matn criticism of narrations related to wage payment and leasing practices. The findings reveal that the hadith on ujrah is transmitted through several chains with varying degrees of authenticity; however, its substance does not contradict the Qur’an or other authentic hadiths. The narrations concerning ijārah and isti’jār demonstrate normative legitimacy for leasing and employment contracts, provided that they uphold justice, contractual clarity, and are free from elements of gharar and injustice. From the perspective of Islamic law, ijārah is analogically related to sale contracts since its object concerns usufruct (manfa‘ah), and its original ruling is permissibility unless there is evidence prohibiting it. This study affirms that the fulfillment of ujrah constitutes an imperative obligation linked to the protection of rights and the realization of maqāṣid al-sharī‘ah, particularly in safeguarding property and promoting social justice.
Nepotisme, ketimpangan sosial, dan penegakan hukum selektif dalam kasus korupsi elite politik: Kajian literatur Awalul Hanafi; M Rifki Siregar
Albayan Journal of Islam and Muslim Societies Vol. 3 No. 01 (2026)
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Nepotism, social inequality, and selective law enforcement in cases of political elite corruption remain significant challenges to the realization of justice and good governance in Indonesia. This study aims to examine the relationship between nepotism, social inequality, and selective law enforcement in the context of political elite corruption through a literature review approach. The study employs qualitative library research by analyzing relevant academic publications published within the last five years, complemented by several foundational theoretical sources. The findings reveal that nepotism contributes to the concentration of power and resources among certain political groups, thereby weakening meritocratic principles and creating unequal access to public opportunities. Such conditions foster social inequality and facilitate corrupt practices among political elites. Furthermore, selective law enforcement exacerbates these problems by providing unequal legal treatment between political elites and ordinary citizens, which undermines public trust in legal institutions and weakens the rule of law. The study argues that nepotism, social inequality, and selective law enforcement are interconnected phenomena that reinforce one another and contribute to the persistence of political corruption. Therefore, strengthening transparency, accountability, merit-based governance, and impartial law enforcement is essential to promoting social justice and improving the effectiveness of anti-corruption efforts in Indonesia. This study contributes to a broader understanding of the structural relationship between political power, corruption, and social inequality within the Indonesian context.
Transformasi Hukum Perceraian dalam Sistem Hukum Islam dan Hukum Positif Indonesia: Analisis Maqāṣid al-Syarī‘ah terhadap Perlindungan Ketahanan Keluarga Nabila Sabriana; Nurhayati Fadillah nurhayatifadillah965@gmail.com; Intan Nur 'Aini; Fachri Irwan Ibrahim Tarigan; Dea Alfiya Nurliza
Albayan Journal of Islam and Muslim Societies Vol. 3 No. 01 (2026)
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Divorce is a legal event that possesses complex religious, social, and juridical dimensions within Indonesian society. From the perspective of Islamic law, divorce is permissible as a last resort when marital life can no longer be maintained. Meanwhile, Indonesian positive law regards divorce as a legal act that must be conducted through judicial proceedings to ensure the protection of the rights of all parties involved. This study aims to analyze the transformation of the concept of divorce in Islamic law into the Indonesian national legal system and to examine its compatibility with the principles of maqāṣid al-sharī‘ah in protecting family resilience. This research employs a normative juridical method using statutory, conceptual, and maqāṣid al-sharī‘ah approaches. The legal materials consist of primary legal sources, including Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, the Compilation of Islamic Law, and other relevant regulations, as well as secondary legal materials such as books, scientific journals, and previous studies. The findings indicate that the Indonesian divorce system represents a transformation of Islamic law that prioritizes the protection of women’s and children’s rights through the judicialization of divorce. The requirement that divorce be conducted through the Religious Court does not contradict Islamic principles but rather reflects the implementation of maqāṣid al-sharī‘ah in protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Therefore, the Indonesian divorce system can be viewed as a form of Islamic legal reform oriented toward family protection and the realization of substantive justice.
Implementasi Prinsip Keadilan dalam Kebijakan Otonomi Khusus Papua Tinjauan Fiqih Siyasah Dusturiyah Afifah Afrah Mumtazah; Sajida Alvi Batubara; Na'ilah Siti Nabila; Azrul Aldy Pratama; Munawar Al Ansor
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2025): Spesial Edition: Islam, Law and Constituanality
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The Special Autonomy Policy for Papua was established as a constitutional instrument to address development disparities, socio-political conflicts, and the marginalization of indigenous Papuans within the national governance system. This study aims to analyze the implementation of the principle of justice in the Special Autonomy Policy for Papua through the perspective of fiqh siyasah dusturiyah. This study employs a qualitative approach using a literature review method. Data were obtained from various academic journals discussing special autonomy, social justice, indigenous peoples’ rights, decentralization, development in Papua, and the concept of justice in Islamic law. The research findings indicate that the implementation of the Papua Special Autonomy Policy has not fully reflected the principles of substantive justice as developed in fiqh siyasah dusturiyah. Development disparities, weak participation of indigenous communities, budget distribution issues, and low oversight effectiveness are the main factors hindering the realization of social justice in Papua. From the perspective of constitutional political jurisprudence, the government bears a moral and constitutional responsibility to ensure the public welfare through policies that are fair, transparent, and oriented toward the people’s well-being. The principle of justice in Islam emphasizes a balance of rights and obligations, protection of vulnerable groups, and equitable development without discrimination. Therefore, the implementation of Papua’s Special Autonomy requires strengthening of governance, budget oversight, empowerment of indigenous communities, and the reconstruction of policies to be more participatory so that the goal of social justice can be optimally achieved.
Konsep Kekuasaan Dalam Fiqh Dusturiyah dan Relevansinya Terhadap Sistem Ketatanegaraan Indonesia: Fiqh Dusturiyah, Siyasah Dusturiyah, Popular Sovereignty, Constitutional Democracy Abisali Nasution; Alfian Fauzi Priambodo; Achmad Farraj Rabbani; Aulia Khairuddin Limbong; Alaydrus Albuchori Ritonga
Albayan Journal of Islam and Muslim Societies Vol. 1 No. 01 (2025): Spesial Edition: Islam, Law and Constituanality
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Abstract

Indonesia as a rule-of-law state requires state administration to be based on legislation, making the study of the concept of power in Fiqh Dusturiyah relevant for understanding the convergence of Islamic values and constitutional democracy. This study aims to explain the concept of power in Siyasah Dusturiyah, assess its relevance to the principle of popular sovereignty in Indonesia, and identify its contribution to the understanding of constitutional democracy. The method used is qualitative with a library research approach and content analysis of primary data (works by Al-Mawardi, Ibn Taymiyyah) and secondary data (1945 Constitution, academic journals). The results show that power in Fiqh Dusturiyah is an trust (amanah) with a three-domain division (legislative, executive, judicial) based on shura, justice, and maṣlaḥah. In conclusion, Fiqh Dusturiyah can enrich Indonesia's constitutional democracy ethically without changing the state's institutional format.

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