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Suci Wulan Dari
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Jl. Jermal XI No. 5A, Medan, Sumatera Utara, Indonesia
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Haqqiyyah: Journal of Islamic and Legal Studies
Published by PT Arfa Digital Technology
ISSN : -     EISSN : 3110231X     DOI : https://doi.org/10.65358/haqqiyyah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Haqqiyyah: Journal of Islamic and Legal Studies is an open-access, peer-reviewed journal that explores the dynamic interplay between Islamic jurisprudence and modern legal systems. It serves as an academic forum for advancing critical discourse, legal innovation, and the integration of Islamic and contemporary legal thought. Islamic Law Topics: Classical & Contemporary Fiqh Usul al-Fiqh and Legal Methodology Fatwa Studies and Religious Institutions Islamic Family Law and Inheritance Sharia Banking & Islamic Economic Law Jinayah (Criminal Law) & Siyasah (Governance) Comparative Madhhab & Law Reform in Islam Positive & Contemporary Legal Studies: Constitutional and Administrative Law Criminal, Civil, and Procedural Law Human Rights & International Law Business Law, Contract Law, Environmental Law Law & Technology (Cyberlaw, Digital Ethics) Legal Pluralism and Customary Law Interdisciplinary & Comparative Approaches: Law, Politics, and Governance Gender and Legal Justice in Islam Sociology and Anthropology of Law Legal Philosophy and Ethics Legal Education: Islamic and Secular Systems Comparative Legal Systems and Global Justice
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Legal Certainty in the Determinant Application of Customary Law in Indonesian National Criminal Law Immanuel Joyson Benaya Manurung; Andi Hakim Lubis
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 1 (2025): July
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i1.2

Abstract

Customary criminal law is an integral part of Indonesia's legal heritage that has long been studied, from the thoughts of Snouck Hurgronje to Van Vollenhoven. Its recognition in Article 18B paragraph (2) of the 1945 Constitution and its incorporation into the new Indonesian Penal Code (KUHP) mark significant steps toward developing a legal system that aligns more closely with Indonesia's social conditions while reducing dependence on colonial laws. However, this recognition also brings consequences, particularly concerning the formalization, requirements, and limitations imposed on customary law. This raises the question of whether customary criminal law will introduce a new dimension to the national legal system or create dualism in its application. This article will examine legal certainty following the implementation of customary criminal law in the Criminal Code and its impact on law enforcement processes in Indonesia.
Ijtihad and Its Application in Financial Economics Annisa Afwani; Dinda Nurayuni Humaira; Elva Mahmudi
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 1 (2025): July
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i1.3

Abstract

This study discusses the role of ijtihad in the innovation of Islamic banking and financial products, focusing on products such as Sukuk and Murabahah. Ijtihad is important in developing these products to comply with Islamic principles, especially in facing challenges from the conventional financial system based on usury. Sukuk, as an alternative to conventional bonds, is based on ownership of real assets, while Murabahah is a financing method that does not involve interest. In addition, this paper also highlights the challenges faced by Islamic fintech, especially in the P2P lending model, which requires ijtihad to ensure compliance with Islamic principles. The author emphasizes the importance of general principles in muamalah, such as the prohibition of usury and injustice, as well as the need for careful ijtihad to maintain the relevance of Islamic financial products to the needs of the times. Obstacles in the ijtihad process, including differences of opinion among scholars, the complexity of modern financial products, and limited resources, are also discussed. In addition, the role of women in contemporary ijtihad is recognized as an important contribution in providing new perspectives and fighting for gender justice.
Evidence and Methods of Excavating Islamic Economic Law: Maslahah Mursalah and Its Application in Islamic Economics Dwi Agung Ramadhan; Khaila Calsa Fhadillah; Syahrial Arif Hutagalung; Dwi Varsimutia
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 1 (2025): July
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i1.4

Abstract

This research aims to analyze the concept of maslahah mursalah, the views of ulama on its use, and its application in various cases in the sharia financial sector, such as financing with collateral. This research shows that maslahah murlah can be a legal basis that is relevant in a modern context, maintaining sharia principles, and meeting the needs of Muslims amidst global change. Maslahah murrasa is one of the principles in Islamic law which aims to create public benefit and prevent harm without conflicting with the postulates of sharia. This principle provides legal flexibility to respond in addressing the evolving needs of society in a sharia-compliant manner, especially in the sharia economic and financial sectors.
Application of Sharia Principles in Religious Court Decisions in Divorce Abdul Halim; Ajrina Tamimi; Andika Wahyu Yudhana; Alya Rahmah
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 1 (2025): July
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i1.6

Abstract

The process of applying sharia principles to divorce decisions made by religious courts entails interpreting Islamic law and applying humanitarian and just considerations. This study finds that religious court judges apply the maqasid shariah principles particularly hifz nafs and hifz nasl in adjudicating divorce cases, especially those involving domestic violence or neglect. In addition, challenges and considerations in applying these sharia principles in handling divorce cases will also be discussed, as well as efforts to ensure that religious court decisions are in accordance with the values of applicable Islamic law and provide justice for all parties involved.
Analysis of the Function of Religious Courts in Resolving Family Conflicts in Indonesia Haris Fhadillah Butar Butar; Madan Syairazi Zega
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 1 (2025): July
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i1.10

Abstract

The Religious Court as a court of first instance is a court that acts to receive, examine and decide every application or lawsuit at the earliest and lowest stage. The Religious Court serves as a primary court, receiving and adjudicating cases submitted by the public at the initial stage of legal proceedings. The researcher aims to examine this discussion to find out how religious justice works in resolving conflicts in Indonesia and what the function of religious justice itself is. Qualitative research methods with an analytical descriptive approach allow researchers to gain an in-depth understanding of the phenomenon being studied. By using sources such as books, journals and articles, this research can gain rich insight into relevant theories and then analyze them carefully. From this research it can be concluded that religious justice has the function of upholding the true truth of what is expressed and demanded by the parties without exceeding or reducing it, especially in relation to civil cases, whereas in criminal cases the search for the real truth is absolutely not limited to what the defendant has done. ," but from that it must be investigated from the background of the defendant's actions. This means that the judge is pursuing the material truth absolutely and completely.
Analysis of the Influence of Maqashid Syariah, Marketing Strategies, and Green Products on the Halal Lifestyle of Indonesian Alwahida Antidote Herbal Consumers in Medan City Rizky Afifah Balqis; Anriza Witi Nasution
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 2 (2025): December
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i2.27

Abstract

This study analyzes the influence of Maqashid Syariah, marketing strategies, and green products on the halal lifestyle of HPAI consumers in Medan City. This study aims to determine how much influence Maqashid Syariah, marketing strategy, and green product on halal lifestyle for HPAI consumers in Medan City. The data collection technique is carried out by using questionnaires and disseminated through google forms to Herba Penawar Al-Wahida Indonesia consumers in Medan City. The population of this study is the community in Medan City with 21 districts. The sample in this study was as many as 100 respondents selected using the slovin formula. The sampling technique is carried out by random sampling. The data processing technique in this study uses the help of a tool, namely version Statistical Program for Social Science version 26. The analysis used is hypothesis analysis with partial test approaches, simultaneous tests, and determination tests. The results of this study show that Maqashid Syariah is partially influential and significant on halal lifestyle, marketing strategies are partially influential and insignificant on halal lifestyle, and green products are partially influential and significant on halal lifestyle. Maqashid Syariah variables, marketing strategies, and green products have a significant effect together (simultaneously) on halal lifestyle and influence 66.9% and the remaining 30.1% are influenced by other variables.
Money Politics in a Contemporary Fiqh Siyasah Review Sofiyana Nasution; Maulina Roma Yanti Nainggolan; Uliya Putri Yati
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 2 (2025): December
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i2.52

Abstract

This research aims to examine money politics as a form of abuse of power during elections in Indonesia. It analyzes the phenomenon through the perspective of fiqh siyasah, employs a qualitative literature-based method, and proposes normative Islamic solutions, that frequently occurs during elections in Indonesia, and to explore how this practice is viewed in Fiqh Siyasah (Islamic political jurisprudence), which regards money politics as risywah (bribery), a practice prohibited due to its contradiction with the values of justice, trustworthiness, and public welfare. This study employs a qualitative method using a literature review approach. Data were obtained through the exploration and analysis of classical Islamic literature, such as Fiqh books, as well as contemporary references that discuss similar topics. The analytical technique used is descriptive-analytical in order to explore and understand the Islamic perspective on money politics through the lens of Fiqh Siyasah. The findings indicate that money politics not only undermines the integrity of democracy but also fosters corruption, worsens the quality of leadership, and er and erodes public trust in the government system. As a solution, Fiqh Siyasah offers both preventive and curative measures, such as the promotion of Islamic political ethics education, strict law enforcement, involvement of religious scholars in political oversight, and the optimization of Zakat and Infak as legitimate and transparent sources of political financing
Social Environmental Responsbility (CSR) as a Legal Obligation in Corporate Law: Implementation and Its Impact on Society Imam Nur Hidayat Tarigan; Ivana Novrinda Rambe; Yessi Kurnia Arjani Manik
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 2 (2025): December
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i2.55

Abstract

Specifically, the study identifies a crucial legal gap: the limited scope of this obligation only to natural-resource-based companies, and critically analyzes the disproportionality of legal sanctions that undermines its deterrent effect. Initially recognized as a voluntary, ethics-driven initiative, TJSL has now become a legal mandate for certain limited liability companies, especially those engaging in or related to natural resources. This shift creates a distinctive paradigm compared to neighboring Southeast Asian countries, which mostly prefer incentive-based or voluntary frameworks. The study aims to analyze in depth the juridical construction of TJSL as a mandatory obligation, identify primary challenges in its implementation and governance, and examine the legal enforcement and empirical implications of such regulation for the community in the context of sustainable development. Findings highlight legal gaps, particularly the limited scope of the obligation to only natural-resource-based companies, ambiguities in operational definitions and funding sources, and weaknesses in the effectiveness of legal sanctions. The research suggests the need for comprehensive regulatory reforms to ensure the effectiveness of TJSL both legally and empirically for Indonesian society as a whole
Integrating Tolerance and Religious Moderation in Sharia Education at Politeknik Negeri Medan Gunawan; Nasrudin; Parma Hadi Rantelinggi
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 2 (2025): December
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i2.56

Abstract

This study seeks to examine how the values of tolerance and religious moderation are integrated into the process of Sharia education at Politeknik Negeri Medan. In the context of increasing challenges to diversity and the potential rise of radicalism within higher education institutions, this research emphasizes the importance of Sharia-based learning that promotes inclusivity, dialogue, and respect for differences. The study employed a qualitative approach, with data collected through interviews, observations, and document studies involving lecturers, students, and curricula related to Islamic studies courses. Data were analyzed using the Miles and Huberman model, which includes data reduction, data display, and conclusion drawing. The findings indicate that Politeknik Negeri Medan has implemented the values of religious moderation in Sharia education through several strategies, including the strengthening of materials on wasathiyyah (Islamic moderation), the application of dialogical learning methods, and religious activities that foster a sense of togetherness among students from diverse backgrounds. However, the study also found a need to enhance lecturers’ capacity to integrate tolerance values more explicitly into teaching materials and learning evaluations. The study concludes that integrating Sharia education with the values of tolerance and religious moderation plays a crucial role in shaping students’ character to be ethical, open-minded, and adaptive to diversity. The research recommends the development of an Islamic curriculum based on maqāṣid al-syarī‘ah that focuses on nurturing a generation of moderate Muslims.
Giving Gifts to Public Officials: A Comparative Analysis of Islamic Law and Indonesian Anti-Corruption Law Ilgafur Tanjung
Haqqiyyah: Journal of Islamic and Legal Studies Vol. 1 No. 2 (2025): December
Publisher : PT ARFA DIGITAL TECHNOLOGY

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65358/haqqiyyah.v1i2.143

Abstract

As usual gifts given to officials/employees, the intention of the giver cannot be separated from one of two things, namely: the gift giver aims to win the hearts of officials/employees so that they can get convenience and relief in every matter both at that time and in the future. And the giver of the gift who does give it on the basis of affection and does not expect anything in return, either material or service. This study examines the regulation of gift-giving to public officials from the perspectives of Islamic law and Indonesian Law No. 20 of 2001 on corruption. The result of this discussion is that gifts are given to officials/employees because their work and legal position are haram for those who give and receive as prohibited by Islam and the Law. The basis of the haram and impermissibility of the gift is the non-realization of equal rights between fellow human beings, both individuals and social. As for gifts given to employees or officials not because of their work and position, the law is permissible for both the giver and the receiver. Especially if the giver intends to strengthen the bond of friendship and strengthen relationships between others.

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