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Qisth: Jurnal Studi dan Penelitian Hukum Islam
Published by Institut Agama Islam Miftahul Ulum Pamekasan
ISSN : -     EISSN : 30472768     DOI : https://doi.org/10.36420
Core Subject : Religion, Economy, Social,
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 23 Documents
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PENENTUAN MAHAR PERKAWINAN PERSPEKTIF IMAM SYAFI’I Fahrul Fahroni; Fahmi Assulthoni; Mohsi Mohsi
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 1 (2024)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/qpa5me33

Abstract

In marriage there are definitely conditions, one of which is the dowry or dowry as a form of obligatory gift from a husband to his future wife. Of all the opinions of Madhhab Imams, only the opinion of Imam Syafi'i does not provide a minimum limit regarding dowry and also does not make it a marriage pillar, while other Madhhab Imams such as Imam Maliki, Imam Abu Hanifah and Kufa ulama provide a minimum limit for dowry that must be given to the bride and groom. Woman. Imam Maliki also made it harmonious in marriage. For this reason, researchers want to research it by formulating the problem as follows: 1). What is the concept of dowry position according to Imam Syafi'i 2). What is the concept of dowry payment according to Imam Syafi'i? To answer the questions above, the author uses the research method library research, meaning a study by examining books related to this thesis taken from the literature. All sources come from written materials related to the problems in the study and are also taken from other appropriate literature. From the discussion of this thesis, it can be concluded that, first, the concept of dowry position according to Imam Syafi'i is not a pillar of marriage, but is a condition for the validity of marriage. It is not obligatory to give a dowry to the wife if the husband divorces her before dukhu>l and has not determined the dowry. This means that if the wife has been interfered with, she is obliged to determine the dowry, that the dowry is not a pillar and condition of marriage, but is an obligation of the husband for sexual intercourse. Second, the concept of dowry payments according to Imam Syafi'i which allows the postponement of dowry payments which allows partial or complete postponement of dowry payments if the prospective wife agrees. explains that dowry payments can be made in cash directly at the marriage contract and can also be postponed if the bride and groom agree. The suspension of dowry payments can be done in part or in full according to the agreement with the bride and groom.
BUDAYA PÈLÈT KANDUNG PERSPEKTIF ‘URF : (Studi Kasus di Desa Bunten Barat Kecamatan Ketapang Kabupaten Sampang) Mahrus Soleh; Fahmi Assulthoni; Kamali Kamali
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 1 (2024)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/f4n1qz48

Abstract

The culture of pellets is no longer strange to hear, especially in the Madurese community. In fact, this culture seems to be an obligation in every household when the wife is 7 months pregnant. As time goes by, the Pellet Kandung culture is no longer beautiful, there are many harsh comments from several figures, so that the Pellet Kandung culture is considered as if it is contrary to Islamic law and the concept of 'Urf. This research has benefits for theoretical use and practical use and this research uses a qualitative approach with a case study type of research, the presence of researchers in the field is one of the steps that will be taken by researchers as researchers and data collectors, the data sources in this research consist of data sources primary and secondary, data collection techniques used were observation, interviews and documentation. This research produces conclusions namely: a. In its implementation, Pèlèt Kandung begins with reading the letters of the Koran such as Surah Maryam and Surah Yusuf and also the prayer. This ritual is carried out after duhur or after Isha on the night of the full moon. In the implementation of the Pèlèt Womb the Dukun plays an important role in guiding the event procession. b. In reviewing the concept of 'Urf, the Pèlèt Kandung culture in West Bunten Village, Ketapang, Sampang includes 'Urf fi'li, 'Urf Sohihah and 'Urf Khas.
MAJELIS DZIKIR DAN KEARIFAN LOKAL : (Kajian Fenomenologis Di Desa Tambung Kec. Pademawu Kab. Pamekasan) Rusdi Rusdi; Miftahol Arifin
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 1 No. 1 (2024)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/0tmatg38

Abstract

This research aims to analyze the application of local wisdom values, such as local customs and traditions at the Asy Syarifah Dhikr and Shalawat Council. The research uses a qualitative approach which attempts to describe the behavior of subjects and events in the form of literature research and empirical research. This research uses a phenomenological study approach to reveal symptoms/phenomena that have attracted a lot of public attention related to local wisdom. The results of the research show that the Asy Syarifah Dhikr and Shalawat Council fosters religious values/religious messages, education, morals, and a sense of brotherhood/ukhuwah or social values. The religious or Islamic values ​​contained in the dhikr assembly and Asy Syarifah prayers are clearly visible, namely in the Arabic poetry and prayers of the Prophet. In the dhikr and Shalawat Asy Syarifah assembly, members are taught the ethical values ​​of relationships between young people in everyday life. Meanwhile, social and cultural values ​​are visible in this assembly, namely the members of the assembly often meet so that social interaction occurs which leads to mutual understanding and familiarizing themselves with one another.
Fiqh al-Tasamuh dalam Hukum Perdata Islam: Mewujudkan Moderasi dalam Relasi Sosial dan Keluarga di Era Kontemporer Mohsi Mohsi
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 2 (2025)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/2b8qg417

Abstract

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.
Problematika Hukum atas Kelembagaan dan  Operasional Bank syariah Nurul Iman
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 2 (2025)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/8aws9v72

Abstract

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.
Kebijakan Kharaj Pada Masa Umar Bin Khattab Serta Kaitannya Dengan Pajak Bumi Dan Bangunan Di Indonesia Agustin Mila Arlina; Windy Dwi Zhelsa Fithri; Dita Nur Amaliatul Chusniah
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 2 No. 2 (2025)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/3zmh8026

Abstract

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.
The Role of Qawāʿid fiqhiyyah in Addressing Contemporary Legal Issues Wildan Miftahussurur; Muhammad Fauzinudin Faiz
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 3 No. 1 (2026)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/jbrww288

Abstract

This article examines the role of qawāʿid fiqhiyyah (Islamic legal maxims) as a methodological framework for addressing contemporary legal issues in Islamic law. Employing a qualitative normative-analytical approach, the study analyzes classical juridical texts and contemporary Islamic legal scholarship to explore how legal maxims function in modern legal reasoning. The findings demonstrate that qawāʿid fiqhiyyah operate not merely as doctrinal summaries, but as active instruments that structure juristic reasoning, mediate between normative sources and social realities, and guide legal judgment in contexts marked by complexity and uncertainty. The analysis further reveals that legal maxims play a crucial role in operationalizing the objectives of Islamic law (maqāṣid al-sharīʿah), particularly in areas related to legal certainty, harm prevention, facilitation, and contextual adaptation. By bridging classical doctrine and contemporary socio-legal challenges, qawāʿid fiqhiyyah enable Islamic law to maintain methodological coherence while remaining responsive to change. This study argues that the continued relevance of Islamic law in the modern era depends not on normative rupture, but on the reactivation of its internal juristic methodologies, with legal maxims serving as one of its most robust and adaptable tools.
Tenaga Kerja Wanita (TKW) Dan Interseksionalitas Gender Dalam Dinamika Keluarga Akh. Syamsul Muniri; Nur Shofa Ulfiyati
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 3 No. 1 (2026)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/e9njg873

Abstract

In the current industrial era, female workers seem to be the driving force of family economic development, as evidenced by the tendency for women to participate in the workforce abroad. Referring to the rights and obligations of husbands and wives, gender discrimination exists, as migrant workers working abroad are often encouraged and ordered by their husbands, despite the fact that in families, the husband, as head of the household, must work hard to meet the family's economic needs. Their income is sent to their husbands for daily needs, including clothing, food, education, health care, and home infrastructure. The purpose of this study is to demonstrate that gender discrimination in employment occurs within the family environment. The research method used by the researcher in this case is a qualitative descriptive approach. Data sources were obtained from several cases in journals and research results. Data analysis techniques used qualitative research in the form of data reduction and data display. Based on the results of the study, it can be concluded that migrant workers working abroad must be of their own free will without coercion from anyone. In addition, families must consider the positive and negative impacts on family life. The positive impacts include increased family income, the fulfillment of daily needs, and the possession of substantial assets, which ultimately improves the family's standard of living. Negative impacts include infidelity, less harmonious family relationships, less than optimal children's education, and financial management that focuses solely on consumption.
Mengejawantahkan Metode Istimbath Al-Ahkam Berbasis Maqāshid Al-Syarī’ah Dalam Menjawab Persoalan Kekinian Moh. Mujibur Rohman; Rohman Rohman; Taufikurrahman Taufikurrahman
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 3 No. 1 (2026)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/tb1tze58

Abstract

The development of the era marked by the complexity of social, cultural, economic, and technological issues requires a re-reading of the sharia arguments to keep them relevant and contextual. Contemporary issues are often not found explicitly in the texts of the Qur'an and al-Sunnah, so a methodological approach is needed that can bridge the gap between normative texts and empirical reality. In this context, maqāṣid al-syarī‘ah becomes an important conceptual framework for realizing the sharia arguments substantively and oriented towards the welfare of the people. This approach emphasizes that the main objective of sharia is to maintain and realize the fundamental values ​​of human life, such as justice, humanity, and the public welfare. The problem formulation in this article includes: how the concept of maqāṣid al-syarī‘ah can be used as an approach in understanding and realizing the sharia arguments; and to what extent the maqāṣid approach is able to provide solutions to contemporary problems without ignoring the authority of sharia texts. The purpose of writing this article is to analyze the urgency of maqāṣid al-syarī‘ah as a paradigm of contemporary ijtihad, and explain its role in responding to the challenges of Islamic law in the modern era in a proportional and responsible manner. The research methodology used is normative Islamic law research with a conceptual approach and a philosophical approach. Data sourced from primary legal materials in the form of the Qur'an and al-Sunnah, as well as secondary legal materials in the form of works of classical and contemporary scholars who discuss maqāṣid al-syarī‘ah and ushul fiqh. Data analysis was conducted qualitatively-descriptively with an emphasis on deductive reasoning to draw conclusions regarding the relevance and implementation of sharia arguments based on maqāṣid al-syarī‘ah in addressing contemporary problems.
Konstruksi Hukum Investasi Kripto dalam Sistem Hukum Ekonomi Syariah Perspektif Maqashid Syariah Muhammad Nur Karim Al Ismariy; Luthfi Eka Wispriyanti; Lailasari Ekaningsih; Ridho Saadillah Ahmad; Irfan Rizky Hutomo
Qisth : Jurnal Studi dan Penelitian Hukum Islam Vol. 3 No. 1 (2026)
Publisher : Institut Agama Islam Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/sswcy948

Abstract

The rapid development of digital technology has introduced cryptocurrency as a new investment instrument that raises complex legal issues, particularly within the framework of Islamic economic law. In Indonesia, cryptocurrencies are legally recognized as tradable commodities but are not permitted as lawful means of payment. Meanwhile, Islamic law provides conditional permissibility for crypto investment, as reflected in the Fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) No. 140/DSN-MUI/XI/2021. This study aims to analyze the legal construction of cryptocurrency investment within the Indonesian Islamic economic law system, examine its legality under both positive law and Islamic law, and assess its conformity with maqashid al-sharia principles. This research employs a qualitative method with a normative juridical approach, relying on library research of statutory regulations, sharia fatwas, and relevant academic literature. The findings indicate that cryptocurrency investment may be legally acceptable under certain conditions, provided that it is conducted transparently, based on clear contractual arrangements, and free from elements of gharar, maysir, and excessive speculation. The maqashid al-sharia approach plays a crucial role in evaluating the protection of wealth and ensuring public benefit in digital investment practices.

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