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HUSNA NASHIHIN
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INDONESIA
Jurnal Syariah, Hukum, dan Ekonomi Islam
ISSN : -     EISSN : 29629209     DOI : https://doi.org/10.59944/J-shei
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Articles to be received and published in the J-Shei are included in the scope of all aspects of Islam and the Islamic world in the fields of: Islam and Philosophy. Islam and History. Islam and Religion. Islam and Political Science. Islam and International Relations. Islam and Psychology. Islam and Sociology. Islam and Anthropology. Islam and Economics. Islam and Law Islam and Culture Islam and Health Islam and Technology. Islam and Education. Islam and Social Science.
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Articles 35 Documents
Divorce Mediation Based on Maqashid Syari’ah Muhamad Jamal; Ahmad Ashif; Syed Iftikhar Ali Gilani
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.618

Abstract

Divorce has become a significant social and legal issue in Indonesia, affecting not only couples but also children and extended families. This study explores the role of judges in increasing the success rate of divorce mediation at the Temanggung Religious Court in 2022–2023, using the framework of Maqashid Syari’ah as a guiding principle. The research employs a qualitative approach with data collected through interviews, observation, and document analysis. Findings reveal that judges employ strategies that integrate religious, familial, and social considerations, emphasizing sincerity, the caucus method, and recalling positive marital experiences to facilitate reconciliation. While mediation cannot always restore the marital relationship, it effectively protects the five essential objectives of Maqashid Syari’ah: religion, life, intellect, progeny, and wealth, ensuring that the parties separate amicably and without lingering resentment. This study demonstrates that applying Maqashid Syari’ah in divorce mediation contributes to more ethical, fair, and socially responsible outcomes, offering a model for improving dispute resolution in Islamic family law.
Strategies of Motorcycle Enthusiasts in Building a Sakinah Family Hidayatun Ulfa; Catur Wahyu Kartiko Aji
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.619

Abstract

This study examines the strategies employed by motorcycle enthusiasts in maintaining family harmony amid the challenges of modern lifestyles. Motorcycle-related activities such as vehicle modification, touring, and participation in enthusiast communities often require significant time and financial resources, which may potentially generate tension within the household. This research aims to analyze family practices among motorcycle enthusiasts, the strategies they employ to balance hobbies and domestic responsibilities, and the role of wives in supporting and regulating these activities. This study adopts a qualitative research design with a case study approach conducted in Temanggung. Data were collected through in-depth interviews, observation, and documentation, and were analyzed using Miles and Huberman’s interactive data analysis model.The findings indicate that motorcycle-related hobbies do not necessarily have a negative impact on family life. Motorcycle enthusiasts implement various strategies, including open and effective communication with their spouses, careful financial planning, balanced time management, and the internalization of religious values in everyday life. The role of wives is particularly significant in providing emotional support, managing household finances, and reminding their husbands to maintain equilibrium between personal hobbies and family obligations. As a result, families of motorcycle enthusiasts are able to sustain household harmony while pursuing personal interests, thereby embodying the concept of a sakinah family.
Delay in the Distribution of Inheritance to Women in Temanggung Rokhmat2; Alvi Yaturohmaniyah
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 2 December 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i2.620

Abstract

This study examines the practice of delaying the distribution of inheritance to female heirs in Dusun Kauman, Kemiriombo Village, Temanggung District, from the perspective of Islamic inheritance law. In Islamic jurisprudence, inheritance is a mandatory right that must be fulfilled immediately after the death of the deceased, following the settlement of debts and wills, as stipulated in the Qur’an and the Sunnah. However, empirical evidence shows that inheritance distribution in rural communities is often postponed due to social, economic, and customary considerations. This research employs a qualitative field research approach. Primary data were collected through in-depth interviews, observation, and documentation involving female heirs, religious leaders, and village officials. Secondary data were obtained from the Qur’an, Hadith, classical Islamic legal texts, and relevant scholarly literature. Data analysis was conducted using the Miles and Huberman model, encompassing data reduction, data display, and conclusion drawing, with source triangulation applied to ensure the validity of the findings. The findings indicate that the delay in inheritance distribution is primarily influenced by social concerns for family harmony, economic dependence on inherited agricultural land, and patriarchal cultural norms that subordinate women’s inheritance rights. From the perspective of Islamic law, such delays are only permissible if they are genuinely based on collective agreement, do not eliminate or diminish women’s rights, and serve clear public benefit (maṣlaḥah). Otherwise, they constitute a violation of Islamic principles of justice and the objectives of Islamic law (maqāṣid al-sharīʿah), particularly the protection of property and lineage. This study highlights the tension between Islamic normative law and customary practices within a plural legal system and emphasizes the need for legal awareness, religious guidance, and institutional support to ensure gender justice and legal certainty for female heirs.
Analysis of the Temon Bayi Tradition from the Perspective of ʿUrf Muh. Baehaqi; Tanti Trisnawati; Braham Maya Baratullah
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.621

Abstract

The adoption of children in Indonesia is not a new phenomenon. In Islamic jurisprudence (fiqh), the adoption of a child is referred to as tabanni. The practice of adopting children has existed since the era of Jahiliyyah (pre-Islamic ignorance). One of the customary traditions that gives rise to legal events related to child adoption is the Temon Bayi tradition. The Temon Bayi tradition is a customary practice carried out when a mother gives birth to two babies in succession, both of whom pass away. When she gives birth to a third child, according to this tradition, the third child must be “entrusted” to a traditional birth attendant (dukun bayi), and symbolically becomes the child of the birth attendant. Therefore, this research aims to examine how the practice is carried out and how ‘urf (customary law) views the Temon Bayi tradition. This research is a qualitative study using field research methods and a normative-sociological approach. Based on the findings, it is concluded that the Temon Bayi tradition process includes: a symbolic entrustment contract (akad) to a non-family member, naming of the child, a thanksgiving ceremony (syukuran), and a redemption ritual (penebusan) once the child reaches puberty. This tradition is a part of valid custom (al-‘urf al-shahih) in Islam because it does not contradict sharia, preserves lineage (nasab), and contains elements of public benefit (maslahah). The tradition reflects al-‘urf al-lafzi in terms of its scope and is categorized as al-‘urf al-khas in terms of its object.
Management of Disputed Inheritance Assets from the Perspective of Islamic Law and Positive Law Makhbub Hidayatur Rohman; Eko Sariyekti; Zaenal Arifin
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.622

Abstract

The cancellation of the grant in kaloran through deliberation occurred, causing several plots of land to become disputed. The people involved chose to avoid settlement in court which they considered complicated and required more energy, so they chose to remain silent and ignore it, making the land dispute last for a long time. This creates a special incident where the land continues to be managed even though there has been no definite decision on the owner without causing conflict and remaining harmonious because the local community is known for its tolerance. So this study aims to determine the views of Islamic law and positive law on the management of disputed land in Kaloran District, Temanggung Regency. The research conducted applies a qualitative research method, with a sociological approach with primary data obtained through observation, and interviews, directly to related informants, while secondary data is obtained from books, journals, articles and laws. Dispute Land Management is permitted for several reasons, namely that there is no party who feels disadvantaged, there are no claims or lawsuits, and there are no articles violated by the land manager. Management does not cause conflict and disputes because the local community is a harmonious and tolerant area so that the incident is allowed with understanding because disputes over property are still considered embarrassing.
ʿUrf Patrilocal Residence Patterns from the Perspective of Islamic Family Psychology Mohammed Hafiz Ali Wafa; Nurul Latifah; Nashih Muhammad
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.623

Abstract

The background of this study is the conflict that occurs in patrilocal families in Gentingsari Village. In patrilocal families, the implementation of family functions is disrupted due to the presence of in-laws living in the same house. The disrupted of family functions can cause conflicts between husband and wife as with in-laws. If conflicts in patrilocal families cannot be resolved completely, it can hinder the achievement of a harmonious family. The objectives of this study are to determine how family functions are implemented in patrilocal families in Gentingsari Village. The second objectives is to determine how conflicts that arise in patrilocal families in Gentingsari Village are resolved according to the perspective of Islamic family psychology. This research is classified as field research using a psychological approach. In collecting data, researchers used observation, interviews, and documentation methods. After the data was collected, the researcher summarized and sorted the data to be presented and analyzed. From the results of the research, it can be concluded that the implementation of family functions in patrilocal families in Gentingsari Village faces obstacles due to the involvement of external parties (in-laws). This causes problems between husbands and wives as well as with in-laws who live in the same house. Conflicts that arise in patrilocal families in Gentingsari Village are resolved by calming down before discussing the most appropriate solution. In addition, husbands and wives also apply constructive conflict resolution methods by understanding and comprehending the conflict so that it does not become more complicated
Adopted Children with the Legal Status of Biological Children: Implications for Inheritance Rights Eka Mahargiani; Itsna Ummahatul Izza; Eko Sariyekti
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.624

Abstract

In Islam, the tradition of adoption has been known since the pre-Islamic period and later regulated by Sharia to maintain the principles of justice and public interest. However, currently there are adopted children who hold the status of biological children, and this has become something that needs to be examined. The purpose of this research is to examine the status of adopted children who are treated like biological children in terms of inheritance, both based on positive law in Indonesia and according to Islamic law. The method used in this research employs a normative juridical approach. The research is descriptive qualitative and conducted through literature study. The data sources consist of primary data such as the Compilation of Islamic Law article 171 letter h, article 209 paragraph 2, scholars' opinions, as well as Law No. 35 of 2014 jo. Law No. 23 of 2002 and Government Regulation No. 54 of 2007. Data collection techniques include document review and literature study, while data analysis is carried out through the stages of collection, processing, analysis, and interpretation to obtain accurate conclusions. The results of this study explain that adopted children do not have the right to their adoptive parents' inheritance due to the absence of blood relation, but they can still receive part of the inheritance through gifts, wills, or obligatory wills with a maximum limit of one-third of the total inheritance. In Positive Law, according to Law No. 35 of 2014 concerning Child Protection, the inheritance issue of adopted children who have the status of biological children is not explained in detail, but it is stated that adopted children are treated like biological children and have equal rights to care, education, and protection.
Endogamous Matrilateral Parallel Cousin Marriage: A Maqāṣid al-Sharīʿah Perspective Baedhowi; Miftachul Jannah; Mahdee Maduerawae
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.625

Abstract

The practice of matrilateral parallel cousin marriage, which refers to marriage between the daughter and the son of two sisters, occurs in Kutoanyar Village, Kedu Sub-district, Temanggung Regency. This practice is noteworthy to analyze because, although it is not categorized as prohibited in Islamic law, it generates various perspectives and assumptions within the community. Particularly concerning potential biological impacts on offspring and the consideration of maqashid shariah values. The purpose of this research is to analyze how this marriage practice is carried out and to analyze it within the framework of maqashid shariah, which includes the five primary objectives of Islamic law: the preservation of religion, lineage, intellect, property, and life. This study employs a qualitative research method with a socio-empirical approach and is classified as field research. The findings indicate that cousin marriages in Kutoanyar Village are commonly arranged by family and are socially accepted by the local community. However, from the perspective of maqashid shariah, such marriages conflict with hifz an-nafs (protection of life), hifz an-nasl (protection of lineage), and hifz al-aql (protection of intellect) due to the emergence of physical and mental disabilities among offspring as a result of these unions. Therefore, while such marriages may be legally permissible in Islam, they should be approached with caution, especially in light of genetic health considerations.
Analysis of the Inheritance Rights of Adopted Children with Disabilities Muhamad Jamal; Ali Mustofa; Nashih Muhammad
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.626

Abstract

This study examines the inheritance rights of adopted children with disabilities from the perspective of maqashid shari’ah, using a case study in Prampelan Hamlet, Adipuro Village, Kaliangkrik District, Magelang Regency. In Islamic law, adopted children lack a blood relationship (nasab) with their adoptive parents and are therefore not automatically entitled to inherit. However, in the research area, adopted children—particularly those who are the only dependents and have disabilities—are often treated as biological children, including in inheritance matters. A descriptive qualitative approach was employed, with data collected through observation, interviews, and document analysis. The findings indicate that inheritance practices for adopted children with disabilities are primarily motivated by compassion and social responsibility rather than strict legal norms. Although these practices do not fully conform to formal Islamic inheritance law, they reflect the objectives of maqashid shari’ah, especially in the principles of hifz al-nafs (protection of life) and hifz al-mal (protection of wealth), providing social protection for vulnerable groups. The study recommends enhancing public understanding of Islamic inheritance law and utilizing Islamic legal mechanisms such as wasiat wajibah (mandatory bequests), hibah (gifts), and waqf (endowment) to ensure justice and legal protection for adopted children with disabilities.
Product Innovation Enhancement through Halal Food Certification: Evidence from Mondoretno MSMEs” Eko Sariyekti; M. Abdul Munjid; Mohammed Hafiz Ali Wafa
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.640

Abstract

Halal food industry in Indonesia is growing rapidly, creating a significant opportunity for UMKM to develop halal product innovations. This innovation not only enhances product quality but also expands export opportunities, positioning Indonesia as a key player in the global halal industry. This study aims to analyze the role of halal certification in driving product innovation among UMKM in Mondoretno. The research employs a qualitative approach, with data collection methods including interviews, observations, and documentation, expected to provide direct data from the sources. The data analysis techniques involve data collection, reduction, and conclusion drawing from field findings, along with triangulation to ensure data validity. The research subjects are UMKM in Mondoretno operating in the halal food sector. The findings are expected to provide effective strategies for UMKM to enhance product innovation through halal certification. Halal certification not only increases consumer trust but also encourages UMKM to continuously innovate in creating high-quality products.

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