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Maqasid Forum
Published by Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi
ISSN : -     EISSN : 31635377     DOI : 10.30983/maqasidforum
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Social Sciences Other
Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The scope of the journal includes, but is not limited to: maqāṣid al-sharī‘ah studies Islamic law and jurisprudence fiqh and uṣūl al-fiqh Islamic family law Islamic economic and financial law constitutional law and governance judicial and court practices comparative legal studies law and society in Muslim contexts public policy analysis from Islamic law perspectives contemporary issues in Islamic legal studies
Arjuna Subject : Ilmu Sosial - Hukum
Articles 81 Documents
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Implementasi Perda Nomor 1 Tahun 2019 tentang Penanggulangan Kebakaran Hutan dan Lahan Perspektif Siyasah Tanfiziyah di Kampar Muhammad Safwan Saufi; Sofia Ridha
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.297

Abstract

Forest and land fires remain recurrent environmental problems in Riau Province, particularly in Kampar Regency, generating significant environmental, health, social, and economic consequences. Extensive peatland areas further increase the vulnerability of communities and ecosystems to persistent fires. This study aims to examine the implementation of Riau Provincial Regulation Number 1 of 2019 concerning Forest and Land Fire Management and analyze its implementation through the framework of fiqh siyasah tanfiziyah. This research employed a descriptive qualitative approach with a field-based design. Data were collected through in-depth interviews, direct observations, and documentation involving relevant governmental institutions, community members, and stakeholders engaged in forest and land fire management. The findings indicate that the regulation has been implemented through preventive measures, emergency responses, and post-fire management, including public awareness campaigns, routine patrols, community-based fire prevention groups, and inter-institutional coordination. Nevertheless, implementation remains suboptimal because of inadequate facilities and infrastructure, limited human resources, weak coordination among stakeholders, and insufficient community awareness of fire prevention. From the perspective of fiqh siyasah tanfiziyah, the implementation reflects the principles of maslahah, governmental responsibility, public stewardship, and protection of collective welfare. The study concludes that regulatory implementation requires stronger institutional capacity, more effective inter-agency coordination, and greater community participation to achieve sustainable fire prevention and management. This study contributes to the discussion of Islamic public governance by demonstrating how fiqh siyasah tanfiziyah can provide a normative framework for evaluating the implementation of environmental regulations and strengthening the protection of public welfare in regions vulnerable to forest and land fires.
Tradisi Memotong Rambut bagi Perempuan Sebelum Akad Perkawinan di Nagari Simarasok dalam Perspektif ‘Urf Ibrahim Masykur; Helfi Helfi
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.276

Abstract

This study examines the tradition of compulsory walimatul 'ursy for married couples before living together in Nagari Abai Siat, Dharmasraya Regency. Although Islamic law recognizes a valid marriage as sufficient to establish the rights and obligations of husband and wife, the local customary law prohibits legally married couples from cohabiting until they have held a wedding feast (walimatul 'ursy). This study aims to analyze the implementation of this customary practice and evaluate its legal position from the perspective of maslahah in Islamic law. The research employed a qualitative field research method using empirical-sociological and normative legal approaches. Data were collected through observation, interviews, and documentation involving traditional leaders (niniak mamak), religious scholars, community members, and local government representatives. The data were analyzed descriptively through data reduction, data presentation, and conclusion drawing. The findings indicate that the tradition is consistently maintained as a means of preserving family honor, strengthening social solidarity, obtaining public recognition of marriage, and preventing social stigma within the community. From the perspective of Islamic law, however, walimatul 'ursy is classified as a highly recommended sunnah rather than a legal prerequisite for marriage or cohabitation. Therefore, the tradition may be regarded as a form of maslahah because it promotes social harmony and communal welfare, provided that its implementation does not impose excessive financial burdens or create hardship for the couple. Accordingly, this customary practice remains acceptable as a local tradition insofar as it supports the objectives of Islamic law (maqasid al-shariah) without contradicting its fundamental principles.
Analisis Tindak Pidana Perdagangan Orang dalam Praktik Prostitusi Perspektif Hukum Pidana Islam Syifa Rahmani Zalya; Muhammad Ridha; Saiful Amin; Gusril Basir
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.264

Abstract

This study aims to analyze the criminal act of human trafficking in prostitution practices based on the Bukittinggi District Court Decision Number 27/Pid.Sus/2023/PN Bkt and to examine it from the perspective of Islamic criminal law. This research employed a normative legal method using statutory, case, and conceptual approaches. Data were collected through library research, including court decisions, legislation, and relevant scholarly literature, and were analyzed qualitatively using descriptive and interpretative techniques. The findings reveal that the defendant's conduct fulfilled the legal elements of human trafficking as stipulated in Law Number 21 of 2007, particularly regarding sexual exploitation facilitated through prostitution. From the perspective of Islamic criminal law, the offense violates the principles of protecting human dignity, honor, and lineage and is therefore classified as jarīmah taʿzīr. Furthermore, the court's decision to impose a sentence lighter than the prosecutor's demand has not fully reflected the objectives of Islamic punishment, particularly in achieving justice, deterrence, and public protection. The study concludes that although the judicial decision is legally valid under Indonesian positive law, its sentencing rationale remains inconsistent with the punitive objectives emphasized in Islamic criminal law. This research contributes to the development of Islamic criminal law scholarship by integrating the analysis of Indonesia's anti-human trafficking legislation with the concept of jarīmah taʿzīr, thereby providing a broader theoretical framework for assessing human trafficking cases involving online prostitution and offering an Islamic legal perspective to strengthen future criminal law policy and victim protection.
Analisis Yuridis dan Perspektif Hukum Pidana Islam terhadap Putusan Pengadilan Nomor 964/Pid.Sus/2023/PN Pdg Assyfa Reyhani; Saiful Amin
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.268

Abstract

This study aims to analyze the legal qualification and judicial handling of sextortion in Decision Number 964/Pid.Sus/2023/PN Pdg under Indonesian positive law and to examine its legal status and sanctions from the perspective of Islamic criminal law. This research employs a normative legal method using statutory, case, and conceptual approaches. The primary legal material consists of Decision Number 964/Pid.Sus/2023/PN Pdg, complemented by relevant legislation, legal doctrines, and scholarly literature. The collected legal materials were analyzed qualitatively through legal interpretation and prescriptive legal reasoning to formulate coherent legal arguments. The findings reveal that sextortion constitutes a cybercrime involving elements of extortion, electronic threats, and sexual exploitation. Since Indonesian legislation has not specifically regulated sextortion as an independent criminal offense, law enforcement relies on fragmented provisions within existing criminal and electronic information laws, creating challenges for legal certainty and victim protection. The study concludes that the current legal framework remains inadequate to comprehensively address sextortion and requires a more integrated regulatory approach to ensure effective law enforcement and stronger protection for victims. Academically, this study contributes to the development of contemporary Islamic criminal law by providing a comparative analysis between Indonesian positive law and ta'zir principles, while enriching scholarly discourse on the legal construction of sextortion as an emerging form of cyber-enabled sexual crime.
Perlindungan Konsumen terhadap Akad Ijarah Rumah Kos Berdasarkan Undang-Undang dan Fiqih Muamalah Alifa Fiyahya; Shafra Shafra
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.301

Abstract

This study aims to analyze the implementation of ijarah (rental) contracts in boarding houses and examine the extent of consumer protection provided to tenants by boarding house owners in Nagari Kubang Putih. The research employs a qualitative field study approach, focusing on the empirical realities of contract implementation, payment mechanisms, and the provision of boarding house facilities. Primary data were collected through interviews and direct observations involving boarding house owners and tenants. Secondary data were obtained from Law Number 8 of 1999 concerning Consumer Protection, literature on fiqh muamalah, and relevant previous studies. Data were analyzed using the Miles and Huberman interactive model, which includes data reduction, data display, and conclusion drawing. The findings reveal that most boarding house rental transactions are conducted through simple verbal agreements without written contracts or official payment receipts. Information regarding facilities and rental terms is generally communicated only in broad terms, creating potential misunderstandings between parties. From the perspective of fiqh muamalah, such practices do not fully comply with the principles of transparency, certainty, and trustworthiness required in ijarah contracts. The study concludes that greater contractual clarity, transparent payment procedures, and a balanced fulfillment of rights and obligations are necessary to ensure fair rental transactions that comply with both Islamic legal principles and consumer protection regulations.
Legitimasi Adat dalam Hukum Islam: Studi Sosiologi Hukum Islam terhadap Tradisi Maanta Uang Dapur Hasnah Asrul; Bustamar Bustamar
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.357

Abstract

This study aims to analyze the factors that contribute to the preservation of the maanta uang dapur tradition in the marriage practices of the people of Nagari Pakan Sinayan, Banuhampu District, Agam Regency, and to examine its relevance to the principles of Islamic law. The maanta uang dapur tradition is a customary practice that requires the groom’s family to provide a certain amount of money to the bride’s family before the implementation of the baralek (wedding feast), in accordance with agreements established within the community. This research employs a sociological-juridical approach using qualitative research methods. Primary data were obtained through interviews with the Chairperson of the Kerapatan Adat Nagari (KAN), the village head, traditional leaders, religious leaders, bundo kanduang, and local community members. Secondary data were collected from Islamic legal literature, academic journals, and other relevant written sources. The findings indicate that the maanta uang dapur tradition continues to be maintained because it is regarded as an inherited custom that has become deeply rooted in the social life of the people of Nagari Pakan Sinayan. The tradition functions as a symbol of respect for customary values, a means of preserving family honor, and a social identity that reflects the existence and cultural values of the local community. From the perspective of Islamic law, the maanta uang dapur tradition is relevant to the principle of al-'adah muhakkamah, which recognizes customary practices as a valid legal consideration as long as they do not contradict Islamic teachings.
Fenomena Konten Hoaks dan Provokatif di Media pada Pilkada Kabupaten Solok Mutiara Wirsa Astuti; Soraya Oktarina
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.346

Abstract

This study examines the phenomenon of hoax and provocative content on social media and its impact on voter behavior shifts during the 2024 Solok Regency Regional Election (Pilkada) from the perspective of siyasah tanfidziyyah (executive politics). The high utilization of social media as a means to obtain and disseminate political information has raised issues concerning the circulation of unverified information, which potentially influences public perception. This study aims to analyze the phenomenon of hoax and provocative content dissemination, voter behavior shifts, and their relevance within the siyasah tanfidziyyah framework. This study is field research that employs a descriptive qualitative approach. Data were gathered through interviews and documentation with informants from the KPU (Regional General Election Commission) of Solok Regency, Bawaslu (General Election Supervisory Agency) of Solok Regency, the Department of Communication and Informatics, nagari (village) officials, campaign teams, and the general public. The collected data were analyzed through data reduction, data display, and conclusion drawing. The results indicate that social media serves as a vital platform for political information dissemination during the 2024 Solok Regency Regional Election. Hoax and provocative content in the forms of text, images, and videos were discovered to influence the perception and behavior of certain voters, leading to skepticism and shifts in political preferences. From the perspective of siyasah tanfidziyyah, this phenomenon contradicts the principles of honesty, justice, mutual consultation (musyawarah), equality, leadership, and amar ma'ruf nahi munkar (enjoining good and forbidding evil). Therefore, strengthening the practice of clarification (tabayyun) along with accountability from both the government and the community is highly required to maintain the quality of political information in the digital sphere.
Sanksi Adat Tarutang dalam Izin Mamak untuk Melangsungkan Perkawinan di Nagari Simpang Tonang Utara Anita Dayanti; Beni Firdaus
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.358

Abstract

Customary provisions in Nagari Simpang Tonang Utara require prospective brides and grooms to obtain the permission of their mamak before marriage. Couples who violate this obligation are subject to tarutang sanctions as a mechanism for preserving customary values and social harmony. This study aims to examine the implementation of tarutang sanctions imposed on couples who marry without mamak permission and to explore the perspectives of nagari functionaries regarding the relevance of these sanctions within the framework of Islamic law. This research employed a qualitative method with an empirical approach. Data were collected through in-depth interviews with the Wali Nagari, the Head of Kerapatan Adat Nagari (KAN), religious leaders, and the Head of the Office of Religious Affairs (KUA) in Dua Koto District. Secondary data were obtained from relevant regulations, customary documents, and supporting literature. The findings reveal that tarutang sanctions are implemented by requiring violators to meet their mamak, acknowledge their wrongdoing, and fulfill customary obligations through the payment of fines in the form of a goat or sikunyik ayam panggang according to their financial ability. The sanction process is followed by an apology, communal meal, and prayer as symbols of reconciliation and the restoration of social relationships. Nagari functionaries consider tarutang sanctions to remain relevant because they reinforce social responsibility, promote public benefit, and maintain communal harmony. They further regard these sanctions as compatible with Islamic teachings and as a valid form of 'urf. This study contributes to the discourse on customary and Islamic law by demonstrating that tarutang sanctions function as an effective mechanism for maintaining social order while remaining consistent with Islamic legal principles.
Analisis Fiqh Muamalah terhadap Perjanjian Bagi Hasil dalam Gadai Sawah di Dharmasraya Tita Aulia; Beni Firdaus
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.368

Abstract

This study aims to analyze the profit-sharing agreement in paddy field pawn practices in Kenagarian Sungai Dareh, Dharmasraya Regency, and to examine the practice from the perspective of fiqh muamalah. The study was motivated by the existence of paddy field pawn transactions in which the pledgee receives a share of the harvest while the land remains cultivated by the pledger, raising questions regarding their conformity with Islamic law principles. This research employed field research using a descriptive qualitative approach supported by library research. Data were collected through interviews and observations involving pledgers and pledgees and were analyzed through data reduction, data presentation, and conclusion drawing. The findings indicate that the pawn agreement is generally conducted orally using a profit-sharing system in which the pledgee receives one-third of the harvest until the debt is fully repaid. This practice is influenced by economic needs, kinship relations, and limited access to financial institutions. From the perspective of fiqh muamalah, the practice is considered inconsistent with sharia principles because the pledgee derives benefits from the pledged property and because it combines rahn and muzara'ah contracts without a clear separation between the two agreements. This study contributes to the development of Islamic economic law scholarship, particularly concerning pawn and profit-sharing practices in rural communities.
Analisis Dampak Kebijakan Wajib Lembur Terhadap Ketahanan Keluarga Pekerja Wanita: Perspektif Fikih Munakahat Hanifah Nabiila; Endri Yenti
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.365

Abstract

This study aims to analyze the multidimensional impacts of mandatory overtime policies on the family resilience of married female factory workers in Sungai Beduk District, Batam City, from the perspective of fiqh munakahat (Islamic marital jurisprudence). The research employs a qualitative field research design. Primary data were collected through in-depth structured interviews with seven female workers and thirteen family members (spouses, children, parents), while secondary data included employment contracts, official subdistrict archives, and relevant literature. Data analysis followed descriptive qualitative procedures, categorizing interview transcripts into economic and psychological themes, then examined using fiqh munakahat and Border Theory. The findings reveal that overtime policies, driven by production targets, generate a dual-edged outcome. Economically, they positively contribute to household financial stability, enabling fulfillment of basic needs (dharuriyyat) and savings. Psychologically, however, they cause physical exhaustion, reduced family time, role conflict, and marital discord, including one temporary divorce later reconciled through parental mediation. The study concludes that within fiqh munakahat, the wife's financial contribution is permissible as ta'awun (cooperation) under dharurah (emergency) with the husband's consent; parental mediation reflects the hakam concept (Q.S. an-Nisa: 35); and harmonious families demonstrate commitment to mutual assistance (Q.S. al-Ma'idah: 2) and role sharing, as explained by Border Theory.

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