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HUSNA NASHIHIN
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Jurnal Syariah, Hukum, dan Ekonomi Islam
Published by Yayasan Azhar Amanaa Yogyakarta
ISSN : -     EISSN : 29880971     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 41 Documents
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An Analysis of the Increasing Divorce Rate in Tlogo Village, Tretep District, Temanggung Regency Zaenal Arifin; Alifka Nur Ikhsan; Muhammed Zaki Tamami
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.v4i1.673

Abstract

This study is motivated by the increasing divorce rate in Tlogo Village, Tretep District, Temanggung Regency, Indonesia, where marital dissolution has become a growing social concern. Divorce is influenced by various interrelated factors that undermine marital stability and family cohesion. This study aims to analyze the factors contributing to the rising divorce rate and to examine these factors from the perspective of Islamic law. Employing a qualitative research design with an empirical juridical approach, the study collected data through in-depth interviews, document analysis, and a literature review. The data were analyzed using data reduction, data display, and conclusion drawing techniques. The findings reveal that the rising divorce rate is primarily driven by economic hardship, emotional and psychological immaturity of spouses, prolonged marital conflicts, extramarital affairs, long-term separation, and domestic violence. These factors hinder the realization of the fundamental objectives of marriage, namely establishing a harmonious, stable, and prosperous family. From the perspective of Islamic law, divorce is recognized as a lawful but exceptional remedy when marital relationships result in persistent harm (mafsadah) and reconciliation is no longer attainable. Consequently, divorce is regarded as a legitimate legal mechanism to prevent greater harm and to preserve the welfare (maslahah) of both spouses
Reconstructing the Meaning of Justice in the Practice of Taʿzir: The Perspective of Equality Before the Law at Miftakhurrosyidin Islamic Boarding School Asyharul Muala; Kurnia Laili Khamida
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.v4i1.674

Abstract

Indonesia, as a rule-of-law state, is obligated to uphold the principle of equality before the law, as enshrined in Article 27 paragraph (1) of the 1945 Constitution. This study seeks to examine the construction of taʿzir practices at Pondok Pesantren Miftakhurrosyidin Temanggung and to critically analyze how the principle of equality before the law is interpreted and implemented within these practices. Employing a qualitative approach, this research is conducted in a natural setting to obtain a comprehensive and in-depth understanding of the mechanisms underlying the implementation of taʿzir. As a field study, data are gathered through direct observation and engagement with the lived practices in the pesantren, particularly concerning the application of legal equality in disciplinary measures. The findings indicate that the imposition of taʿzir follows an internal adjudicative process informed by a conception of justice aligned with Aristotelian thought, which emphasizes proportionality rather than rigid uniformity. In this framework, justice is realized through the allocation of rights and sanctions in accordance with the specific context and social roles of individuals, allowing for both equal and differentiated treatment where appropriate
The Role of GKMNU in Reducing Stunting in Glapansari Village, Temanggung: An Analysis of Maqashid al-Shariah Eka Mahargiani Rokhma; Sumarjoko; Yuda Ardian; Muhammad Zaki Tamami
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.v4i1.698

Abstract

This study analyzes and evaluates the role of the Nahdlatul Ulama Family Welfare Movement (GKMNU) in Glapansari Village, Temanggung, in addressing the high prevalence of stunting as an effort to achieve the objectives of Maqashid al-Shariah, particularly the protection of future generations (hifz al-nasl). This village was selected because it has the highest stunting rate in Temanggung Regency, which negatively affects children’s growth and development. GKMNU implements a comprehensive program based on religious values, including health and nutrition counseling for pregnant women, education on Islamic parenting patterns, and spiritual strengthening. GKMNU views stunting as a complex issue requiring not only medical intervention but also religious and moral guidance, in line with the principle of protecting offspring within Maqashid al-Shariah. The program also supports the prevention of early marriage by referring to Law No. 16 of 2019, which stipulates the minimum marriage age of 19 years, aiming to protect children and ensure family sustainability. Despite challenges such as limited nutritional awareness, economic constraints, and cultural barriers, the findings emphasize that the synergy of GKMNU as an agent of social change and a facilitator of programs integrating religious values with national legal regulations is essential for creating healthy and dignified families in a sustainable manner. This family-based approach involving all family members is considered effective in preventing stunting.
Village Regulations on Livestock Management and Their Role in Promoting Maslahah Families Sumarjoko; Dani Fahrurrohman; Muhammad Zaki Tamimi
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.v4i1.854

Abstract

This study examines the effectiveness of Village Regulation Number 12 of 2021 concerning livestock management in Banjarsari Village, Bejen District, and its contribution to promoting maslahah families. The research is motivated by the increasing social conflicts arising from the free-ranging management of livestock, particularly chickens and ducks, which has led to environmental sanitation problems, unpleasant odors, crop damage, and tensions among community members. The study aims to analyze the effectiveness of the regulation’s implementation, identify factors hindering its enforcement, and evaluate its relevance from the perspective of Islamic law based on the concept of maslahah. Employing a qualitative method with an empirical juridical approach, data were collected through observation, in-depth interviews, and documentation involving village officials, community leaders, livestock owners, and affected residents. The findings reveal that the implementation of the regulation has not been fully effective due to limited legal awareness, economic constraints, traditional livestock-raising practices, and weak monitoring by village authorities. Nevertheless, the regulation has contributed positively to improving environmental awareness, reducing potential social disputes, and fostering community harmony. From the perspective of Islamic law, the regulation reflects the principles of maslahah and maqāṣid al-sharī‘ah, particularly the protection of life (ḥifẓ al-nafs), property (ḥifẓ al-māl), and social order. Therefore, livestock management through village regulations can serve as an important instrument in supporting the realization of maslahah families and sustainable community welfare.
The Phenomenon of Family Content Creators and Its Implications for the Formation of a Maslahah Family Hidayatun Ulfa; A’yunin Nadhiroh; Braham Maya Baratullah
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.v4i1.1064

Abstract

The rapid development of social media has given rise to the phenomenon of family content creators, referring to families who actively share their domestic lives through various digital platforms. This phenomenon offers opportunities for education, entertainment, and economic gain; however, it also raises concerns regarding family privacy, the culture of oversharing, and the potential exploitation of children. This study aims to analyze the legal ethics of the family content creator phenomenon from the perspective of Islamic Family Law and to examine its influence on the realization of a maslahah (harmonious and welfare-oriented) family. The research employs a qualitative descriptive approach using the library research method. Data were collected from books, scholarly journals, articles, and other relevant literature and analyzed through data reduction, data presentation, and conclusion drawing. The findings reveal that the activities of family content creators are fundamentally permissible in Islam, provided that they uphold the principles of maslahah, safeguard family privacy, protect children's rights, and comply with Islamic legal and ethical values. Such activities may generate positive outcomes, including educational benefits, inspiration, strengthened social relationships, and economic opportunities that contribute to the establishment of a maslahah family. Nevertheless, when carried out excessively without due consideration of Islamic ethical and legal boundaries, these activities may result in negative consequences, such as violations of privacy, child exploitation, social pressure, and the disruption of family harmony. Therefore, the use of social media within the family context should be exercised wisely, proportionately, and responsibly to ensure alignment with the objectives of family protection and welfare as prescribed in Islam.
Judicial Control over the Practice of Polygamy: A Comparative Study of Religious Courts in Indonesia and Sharia Courts in Malaysia Nashih Muhammad; Muhammad Nur Risqi; Ouedraogo Saidou
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 2 (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.v4i2.1538

Abstract

This study examines Islamic family law in Indonesia and Malaysia, focusing on polygamy licensing practices at the Temanggung Religious Court and Sharia Courts in several Malaysian states. Although both countries legally permit polygamy subject to requirements of justice and capacity, they apply different legal frameworks. Indonesia adopts monogamy as the general principle, with strictly regulated exceptions under Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, while Malaysia regulates polygamy through the Islamic Family Law (Federal Territories) Act 1984 and state Islamic family law enactments. Using a qualitative case study approach, this research combines document analysis with semi-structured interviews involving three key informants: a Temanggung Religious Court judge, a *fiqh munakahat* lecturer at UniSHAM Kedah, and a *maahad tahfiz* administrator in Selangor. Data were analyzed through reduction, presentation, and inductive conclusion drawing. The findings show that Indonesian regulations emphasize legally recognized grounds, the first wife’s consent, financial capacity, and the guarantee of equitable treatment. At the Temanggung Religious Court, approximately 60–70% of polygamy applications are rejected, mainly due to the absence of the first wife’s consent and insufficient financial capacity. In Malaysia, greater emphasis is placed on measurable financial capacity (approximately RM 4,000 per month per family), emotional fairness, transparency, compliance with Sharia Court procedures, and official registration. Although the first wife’s consent is strongly considered, it is not always an absolute requirement.
Dispensation of Marriage Age: Istishlah Analysis Sarkanto; Sukron Mubarok; Muhammed Zaki Tamami; Baedhowi
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 2 (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.v4i2.1549

Abstract

Marriage that occurs at too young an age can pose certain risks, such as domestic violence. Law Number 1 of 1974 on Marriage stipulates that the minimum age for marriage is 19 years for men and 16 years for women. However, in special situations, such as premarital pregnancy, an age dispensation for marriage may be granted to couples who have not reached the minimum age set by law. This paper aims to examine the istishlah (public interest) perspective on the minimum age for marriage according to positive law and the Compilation of Islamic Law. It also explores the perspective of istishlah on the dispensation of marriage age. The research method used in this paper is library research, where the study is conducted by gathering data or scholarly literature related to the topic. In-depth analysis of the research object is carried out through critical examination of relevant sources, focusing on addressing fundamental issues. Considerations of maslahah mursalah (unrestricted public interest), which emphasize benefits and the avoidance of harm, are central. In Islamic law, the minimum marriage age can vary depending on the social and cultural context, as Islam does not explicitly set a minimum age. However, the minimum age in the Compilation of Islamic Law (KHI) is determined based on considerations of public welfare and the prevention of harm. The granting of marriage dispensations prioritizes the avoidance of harm over the pursuit of certain family benefits or welfare.
Qiyās and Its Relevance to Addressing Contemporary Islamic Legal Issues Braham Maya Baratullah; Mohammed Hafiz Ali Wafa; Hasman Zhafiri Muhammad; Khamid Abinawa Al Barki
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 2 (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.v4i2.1562

Abstract

The rapid development and transformation of society have generated various contemporary legal issues that are not explicitly addressed in the Qur’an and Sunnah. This condition requires a method of ijtihād capable of responding adaptively to emerging legal issues without neglecting the fundamental principles of Islamic law. Qiyās is one of the methods of ijtihād in Uṣūl al-Fiqh that employs analogical reasoning to determine the legal ruling of a new case (far‘) on the basis of an existing case (aṣl) whose ruling has been established by Islamic law, due to the presence of a common legal cause (‘illah) between the two. This study aims to examine the concept of qiyās in Uṣūl al-Fiqh and analyze its relevance in addressing contemporary Islamic legal issues. This research employs a library research method with a normative-qualitative approach. The data are derived from classical and contemporary Uṣūl al-Fiqh literature and analyzed using a descriptive-analytical method. The findings indicate that qiyās remains relevant as a method of ijtihād for addressing contemporary Islamic legal issues, particularly when a particular issue has no direct legal ruling in the textual sources (nuṣūṣ). Nevertheless, its application must comply with the principles and essential elements of qiyās and take into consideration the objectives of Islamic law (maqāṣid al-sharī‘ah). Therefore, qiyās can serve as an important instrument for maintaining the flexibility, relevance, and continuity of Islamic law in responding to the dynamics of modern life.
A Comparative Analysis of the Concept of Baligh in Islamic and Positive Law in Relation to Parental Obligations to Provide Child Maintenance Badik Atus Solikhah; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 2 (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.v4i2.1565

Abstract

This study examines the concept of baligh in Islamic and positive law and its implications for parental obligations to provide child maintenance. Employing a comparative juridical-normative approach, the study analyzes the criteria and age thresholds of baligh and legal adulthood, as well as their consequences for the duration of parental maintenance obligations. The findings indicate that Islamic law primarily determines baligh through biological signs, particularly ihtilam for males and menstruation for females, while positive law relies predominantly on statutory age thresholds. Although baligh is generally associated with the termination of mandatory parental maintenance, Islamic jurisprudence recognizes exceptions where children remain dependent due to illness, disability, education, or inability to obtain employment. Positive law similarly establishes parental maintenance obligations while applying different age thresholds according to the relevant legal context. The study concludes that baligh should not be treated as an absolute criterion for terminating parental maintenance obligations; rather, maturity, legal capacity, economic independence, health, education, and the child's actual needs should also be considered
The Influence of Performance Expectancy, Effort Expectancy, and Social Influence on Behavioral Intentions among QRIS Users in Selopampang Community Amin Nasrulloh; Ayu Nurhidayah
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 2 (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.v4i2.1584

Abstract

The rapid development of technology, particularly in the field of financial technology, has provided various benefits in everyday life. One such innovation is QRIS, a digital payment service that facilitates cashless transactions. To assess the acceptance of QRIS among the Selopampang community, this study applies the Unified Theory of Acceptance and Use of Technology (UTAUT) to examine the effects of performance expectancy, effort expectancy, and social influence on users’ behavioral intentions to use QRIS. This study employed a quantitative descriptive approach using multiple linear regression analysis with SPSS 25. The sample consisted of 100 respondents selected through purposive sampling. The research instrument was tested for validity and reliability, followed by classical assumption tests, including normality, linearity, multicollinearity, and heteroscedasticity tests. Multiple linear regression analysis was then conducted using t-test, F-test, and coefficient of determination (R²). The results indicate that performance expectancy has a positive and significant effect on behavioral intentions. Similarly, effort expectancy and social influence each have a positive and significant effect on behavioral intentions. Simultaneously, performance expectancy, effort expectancy, and social influence have a positive and significant effect on behavioral intentions. The coefficient of determination (R²) indicates that the three independent variables collectively explain 50.5% of the variance in behavioral intentions to use QRIS.

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