Qisth: Jurnal Studi dan Penelitian Hukum Islam
Qisth: Jurnal Studi dan Penelitian Hukum Islam is a peer-reviewed academic journal that focuses on the exploration of contemporary issues in Islamic legal studies. The journal adopts both qualitative and quantitative research methodologies and covers a wide range of topics within social, religious, economic, cultural, political, and legal contexts. Qisth operates within the framework of Islamic law, encompassing Islamic Jurisprudence (Fiqh), Islamic Legal Methodology (Ushul Fiqh), the Objectives of Islamic Law (Maqashid Sharia), and Islamic Legal Philosophy. It engages with both classical and contemporary Islamic scholarship to critically address current developments and challenges. The scope of the journal includes, but is not limited to, the following areas: Social and Cultural Studies: Investigations into marriage practices, divorce, customary law, social policies, and related sociocultural phenomena from an Islamic legal perspective. Religious Studies: Research on Islamic astronomy, halal industries, government religious policies, zakat, waqf, and other religious legal issues. Economic Studies: Analyses of Islamic economics, Islamic banking law, and contemporary economic challenges related to Sharia. Political Studies: Studies on Islamic political systems, governance, and the intersection of politics and Islamic law. Legal Studies: Discussions on marriage law, inheritance law, Islamic economic law, family law, civil law, comparative law, and other fields relevant to Islamic legal discourse. Qisth invites scholars, researchers, and practitioners in the field of Islamic law to contribute high-quality, original research articles that offer fresh insights and critical analysis, aiming to advance the development of Islamic legal studies in both theory and practice.
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<![CDATA[Fiqh al-Tasamuh dalam Hukum Perdata Islam: Mewujudkan Moderasi dalam Relasi Sosial dan Keluarga di Era Kontemporer ]]>
<![CDATA[Mohsi Mohsi]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 2 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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DOI: 10.36420/2b8qg417
<![CDATA[The contemporary era is marked by rapid social change, digitalized relationships, and increasingly complex interactions within both society and families. In this context, Fiqh al-Tasamuh (Islamic jurisprudence of tolerance) offers a relevant normative framework for fostering inclusive, just, and harmonious social and familial life. Core values such as tawassuth (moderation), i’tidal (balance), tawazun (proportionality), and tasamuh (tolerance) have proven effective in addressing modern challenges—ranging from social media use within households and strengthening interfaith relationships to reforming family law based on the objectives of Islamic law (maqāṣid al-sharī‘ah). Recent studies indicate that this moderate approach not only reduces domestic conflicts but also promotes social coexistence amid diverse identities. Despite resistance from conservative groups and digital polarization, fiqh al-tasamuh presents a contextual and progressive ethical-legal response. By enhancing moderate religious literacy, fostering collaboration between religious figures and the state, and integrating tasamuh values in family education, societies can cultivate a more peaceful and equitable civilization. Thus, fiqh al-tasamuh is not merely a theoretical discourse but a practical tool for navigating the moral and legal complexities of the modern world.]]>
<![CDATA[Problematika Hukum atas Kelembagaan dan Operasional Bank syariah ]]>
<![CDATA[Nurul Iman]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 2 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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DOI: 10.36420/8aws9v72
<![CDATA[Islamic banking emerges as an alternative financial system based on Islamic Sharia principles, such as the prohibition of usury (riba), uncertainty (gharar), and gambling (maysir), while upholding justice and partnership. However, in practice, the institutional framework and operational implementation of Islamic banks face various legal issues, both normatively and practically. This study aims to explore the legal problems surrounding the institutional structure and operational practices of Islamic banks in Indonesia. Using a qualitative library research method and a normative legal approach, the study finds several challenges, including regulatory dualism, disharmony between DSN-MUI fatwas and regulations by the Financial Services Authority (OJK) or Bank Indonesia (BI), and inconsistencies in the application of Sharia contracts in banking operations. These problems may undermine the credibility of Islamic banks and create public skepticism regarding their Sharia compliance. Therefore, legal harmonization and institutional governance reform are essential to ensure that Islamic banks operate in full accordance with Sharia values.]]>
<![CDATA[Kebijakan Kharaj Pada Masa Umar Bin Khattab Serta Kaitannya Dengan Pajak Bumi Dan Bangunan Di Indonesia ]]>
<![CDATA[Agustin Mila Arlina]]>;
<![CDATA[Windy Dwi Zhelsa Fithri]]>;
<![CDATA[Dita Nur Amaliatul Chusniah]]>
<![CDATA[ Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 2 (2025) ]]>
Publisher : <![CDATA[Institut Agama Islam Miftahul Ulum Pamekasan ]]>
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DOI: 10.36420/3zmh8026
<![CDATA[This study aims to comprehensively examine fiscal policy during the reign of Caliph Umar ibn Khattab, with particular attention to the implementation of land tax (kharaj) as an instrument of Islamic state revenue, and to examine its relevance to the Indonesian taxation system, particularly the Land and Building Tax (PBB). This study uses a qualitative method with a literature review approach, utilizing books, journals, and various relevant literature on kharaj and national taxation. The results indicate a conceptual alignment between kharaj and PBB, particularly in the mechanism for registering taxable objects, setting rates based on land conditions, and the function of tax as a source of state revenue. In Indonesia, PBB is regulated by Law Number 12 of 1994 with a self-assessment system and tax calculations based on the Taxable Object Sales Value (NJOP). This study concludes that Umar ibn Khattab's kharaj policy is not only historically relevant but also provides a philosophical and normative foundation for modern understandings of tax justice, wealth distribution, and state fiscal management.]]>
