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Aris Sunandar Suradilaga
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Mir'ah: Family Law and Legal Culture is published by Faculty of Sharia, State Islamic University (UIN) Palangka Raya Editor and Administration Address: Building A1, Faculty of Sharia, State Islamic University (UIN) Palangka Raya, G. Obos St., Islamic Centre, Palangka Raya, Kalimantan Tengah, Indonesia, Postal Code 73112 email: mir'ah@iain-palangkaraya.ac.id
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Kota palangkaraya,
Kalimantan tengah
INDONESIA
Family Law and Legal Culture
Published by Universitas Islam Negeri Palangka Raya
ISSN : -     EISSN : 30634881     DOI : 10.23971
Core Subject :
Focus and Scope Mirah: Family Law and Legal Culture is a double-blind peer-reviewed journal published by Sharia Faculty of State Islamic University (UIN) Palangka Raya, Indonesia. Focus Mirah: Family Law and Legal Culture focuses on Family Law, Islamic Law, and Local Wisdom. Scope Mirah: Family Law and Legal Culture specializes in Family Law, Islamic Law, and Local Wisdom, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. Family Law Islamic Family Law Islamic Criminal Law Islamic Jurisprudence Islamic Law and Politics Islamic Law and Gender Islamic Law and Contemporary Issue Customary Law Local Wisdom Culture Islamic Law
Arjuna Subject : -
Articles 25 Documents
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Negotiating Islamic Law and State Law: Legal Culture of Informal Torn Money Exchange in Central Kalimantan, Indonesia Siti Fatimah; Eka Suriansyah; Kamal Hasuna
Mir'ah: Family Law and Legal Culture Vol. 3 No. 1 (2026): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v3i1.508

Abstract

The practice of informal torn-money exchange remains prevalent in traditional markets despite the availability of official exchange services provided by authorized financial institutions. This study aims to examine the legal culture underlying informal torn-money exchange practices at Pasar Sabtu, Selat District, Kapuas Regency, Central Kalimantan, and to analyze their conformity with Islamic law and Indonesian monetary law. This research employed an empirical legal design using a socio-legal approach. Data were collected through observations, in-depth interviews with money exchangers, traders, community members, and banking officials, as well as document analysis, and were analyzed using a qualitative descriptive method. The findings reveal that the persistence of informal exchange practices is driven by pragmatic legal culture, where accessibility, efficiency, and convenience are prioritized over compliance with religious and state legal norms. From the perspective of Islamic law, the practice contains elements of ribā al-faḍl, gharar, and ambiguity of contract, making it inconsistent with the principles of al-ṣarf. Simultaneously, it contradicts Law Number 7 of 2011 on Currency, which guarantees the exchange of damaged banknotes at their full nominal value through authorized institutions. This study contributes to socio-legal scholarship by demonstrating that informal financial practices represent an ongoing negotiation between Islamic law, state law, and local legal culture in responding to community economic needs. The study is limited to a single research location; therefore, broader comparative studies are recommended to strengthen the generalizability of the findings.
Reconceptualizing Hifz al-Bīʻah within Maqāṣid al-Sharī'ah: An Islamic Environmental Jurisprudence Analysis of Forest and Land Fires in Kalimantan Muhammad Ramsah; Ahmad Dakhoir; Puji Rahmiati
Mir'ah: Family Law and Legal Culture Vol. 3 No. 1 (2026): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v3i1.560

Abstract

Forest and land fires (FLF) remain a recurring environmental problem in Kalimantan, causing ecological degradation, public health risks, economic losses, and climate-related impacts. This study aims to analyze FLF from the perspective of environmental Islamic jurisprudence (fiqh al-bīʻah) by positioning ḥifẓ al-bīʻah (environmental preservation) as a contemporary development of maqāṣid al-sharī’ah. This research employed a descriptive qualitative library research method by examining the Indonesian Council of Ulama (MUI) Fatwa No. 30 of 2016, MUI Fatwa No. 86 of 2023, Islamic legal maxims, maqāṣid al-sharī’ah literature, and secondary data on FLF in Kalimantan during 2023–2024. The findings reveal that land clearing through burning contradicts the principle of ḥifẓ al-bīʻah and is declared prohibited (haram) under both fatwas. Islamic legal maxims, including (Lā dharara wa lā dhirāra), (Dar'ul mafasidi muqaddamun 'ala jalbil mashalih), and (Ad-dhararu yuzalu) further emphasize that preventing environmental harm must take precedence over short-term economic interests. This study contributes to strengthening environmental Islamic jurisprudence as a normative framework supporting FLF prevention through the integration of state regulations, religious fatwas, and environmental da'wah. Nevertheless, this study is limited to library research; therefore, future field-based studies are needed to examine the implementation of ḥifẓ al-bīʻah in forest and land fire prevention.
River Pollution in Riverside Stilt-House Communities: An Environmental Fiqh Perspective from Kahayan River, Indonesia Ahmad Ridhoni
Mir'ah: Family Law and Legal Culture Vol. 3 No. 1 (2026): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v3i1.543

Abstract

River pollution in riverside stilt-house communities has become a significant environmental issue that threatens ecosystem sustainability and public health. This study aims to analyze river pollution in the Kahayan River from the perspective of fiqh al-bi'ah (Islamic environmental jurisprudence) by examining the relevance of Islamic legal principles to environmental conservation. The research employed a normative legal approach based on library research using the Qur'an, Hadith, classical and contemporary fiqh literature, books, and scientific journal articles. Data were analyzed descriptively and analytically by relating the concepts of ḥifẓ al-bi'ah, fasād fi al-arḍ, maqāṣid al-sharī'ah, and the legal maxim adh-dhararu yuzāl to the phenomenon of river pollution. The findings reveal that river pollution is driven not only by inadequate sanitation infrastructure but also by long-standing socio-cultural practices and the limited internalization of environmental values in religious life. From the perspective of Islamic environmental jurisprudence, such practices constitute mafsadah and contradict the objectives of Islamic law aimed at protecting life, property, future generations, and the environment. Therefore, sustainable solutions require the integration of religious environmental education, adequate sanitation facilities, and community-based environmental regulations involving government, religious leaders, and local communities. This study contributes to the development of Islamic environmental jurisprudence by providing a contextual framework for integrating Islamic legal values into river conservation efforts. However, the study is limited by its normative approach and does not incorporate empirical evidence from community behavior, suggesting the need for future empirical and mixed-methods research.
Single-Use Plastic Consumption in Islamic Environmental Jurisprudence: A Maqāṣid al-Sharī'ah Analysis Najwa Azzahra
Mir'ah: Family Law and Legal Culture Vol. 3 No. 1 (2026): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v3i1.561

Abstract

The use of single-use plastics has become part of modern life due to their practicality and affordability. However, their excessive use has caused negative environmental impacts, such as soil, water, and marine pollution, while threatening ecosystem balance and human health. This article aims to analyze the ethics of single-use plastic consumption from the perspective of maqāṣid al-sharī'ah through the fiqh al-bi'ah approach. This qualitative research employs documentation study and descriptive-analytical analysis of relevant literature. The findings reveal that although single-use plastics offer practical benefits, their long-term negative impacts outweigh their advantages. This condition contradicts the principles of maqāṣid al-sharī'ah, particularly in protecting life (hifz al-nafs), preserving future generations (hifz al-nasl), and safeguarding wealth (hifz al-mal). From an environmental perspective, preserving nature is a moral responsibility of humans as khalifah on earth. The contribution of this article is to provide a normative ethical framework based on maqāṣid that can serve as a foundation for fatwas, policies, and ecological awareness movements among Muslims. However, this study has limitations as it has not thoroughly examined the socio-economic aspects of underprivileged communities, the availability of alternative infrastructure, and the roles of industry and government in supporting comprehensive behavioral transformation. Therefore, reducing single-use plastic consumption and shifting to environmentally friendly behavior are concrete forms of implementing Islamic values in realizing public welfare and maintaining environmental sustainability.
Gender Justice and Family Welfare in Qur’anic Perspectives on Interfaith Marriage and Polygamy: A Thematic Study Helga Juliya; Rizki Rahmadani; Safa Anzila Madaniah
Mir'ah: Family Law and Legal Culture Vol. 3 No. 1 (2026): Mir'ah: Family Law and Legal Culture
Publisher : Faculty Sharia of State Islamic University (UIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/mirah.v3i1.572

Abstract

This study examines Qur'anic perspectives on interfaith marriage and polygamy through a thematic (maudhu'i) interpretation approach and analyzes their implications for gender justice and family welfare in Islamic law. Using qualitative descriptive library research, this study examines Qur'anic verses, hadith, classical and contemporary tafsir literature, and relevant scholarly references. The findings reveal that the Qur'an prohibits marriages between Muslim women and non-Muslim men and forbids marriage with polytheists to safeguard faith, family harmony, and religious upbringing of future generations. Polygamy is permitted as a conditional concession limited to four wives, provided justice can be maintained; however, the Qur'an acknowledges the difficulty of achieving perfect justice, implying monogamy is preferable when fairness cannot be guaranteed. These regulations significantly impact marriage validity, inheritance rights, religious practices within the family, and spousal social-economic responsibilities. This research contributes to contemporary thematic exegesis by presenting a balanced, textually-grounded yet contextually-sensitive analysis responsive to modern challenges, particularly addressing gender justice and family welfare holistically. However, limitations include exclusive reliance on library research without field data, limited scope to two themes without exploring other contemporary family law issues, and dominance of Sunni perspectives without adequate discussion of minority or alternative interpretations. Overall, Qur'anic regulations concerning interfaith marriage and polygamy demonstrate a strong commitment to protecting religious faith, promoting gender justice, preserving family welfare, and realizing Islamic family law objectives in contemporary society.

Page 3 of 3 | Total Record : 25

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