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Firdaus Annas
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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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Kepemimpinan Politik Perempuan dalam Fiqih Siyasah Perspektif Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi Navesa Winalda Navesa; Edi Rosman
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.v1i1.400

Abstract

Women's political leadership in Islamic jurisprudence (fiqh siyasah) remains a matter of debate due to differing interpretations of sharia principles and social conditions. This study aims to examine women's political leadership from the perspective of Islamic jurisprudence according to lecturers at the Faculty of Sharia, UIN Sjech M Djamil Djambek Bukittinggi. Although the 30 percent quota policy for women's representation has been implemented in Law Number 7 of 2017, its implementation is still not optimal due to structural barriers and patriarchal culture, so its effectiveness is questionable. This study uses a normative empirical method with a descriptive qualitative approach through structured interviews with lecturers at the Faculty of Sharia selected by snowball sampling and supported by documentation studies from related literature. Data were analyzed using deductive and inductive approaches to produce comprehensive conclusions. The results show that women's political leadership is a matter of ijtihadi (judgment) that does not have a single consensus among scholars. The majority of lecturers at the Faculty of Sharia, UIN Bukittinggi, allow women to hold political positions provided they possess integrity and the ability to realize public welfare. Meanwhile, two lecturers limit women's leadership to certain positions. Verses such as Surah An-Nisa verse 34 and the hadith concerning female leadership should be understood contextually, not as an absolute prohibition. The main obstacles are socio-cultural, such as patriarchal culture and gender stereotypes, not normative legal barriers. Women's leadership is considered legitimate and relevant in the context of contemporary Islamic jurisprudence as long as it brings benefits and supports inclusive and just governance..
Kesejahteraan Masyarakat Nagari Berdasarkan Peraturan Bupati Solok Selatan dalam Perspektif Siyasah Tanfidziyah Lusi Tamire; 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.v1i1.371

Abstract

This study aims to analyze community welfare in Nagari Lubuk Gadang Tenggara, a village established through the regional expansion policy under South Solok Regent Regulation Number 25 of 2017, and to examine its implementation from the perspective of Fiqh Siyasah Tanfidziyah. The establishment of new administrative areas is expected to improve public service delivery, accelerate development, and enhance the welfare of local communities. This research employed a qualitative field research approach to explore the empirical conditions of community welfare and the effectiveness of local governance after the regional expansion. Data were collected through in-depth interviews with 13 informants consisting of village officials, community leaders, and local residents. Supporting data were obtained from government regulations, official documents, and relevant literature on public welfare and Islamic political jurisprudence. The collected data were analyzed using qualitative descriptive techniques through data reduction, data presentation, and conclusion drawing. The findings reveal that the implementation of South Solok Regent Regulation Number 25 of 2017 has generated positive impacts on community welfare, particularly through improved accessibility and efficiency of public administrative services. The proximity of government offices has reduced bureaucratic barriers and facilitated community participation in local governance. Nevertheless, several structural challenges continue to hinder the achievement of comprehensive welfare, including the unequal distribution of social assistance, limited village financial capacity, inadequate internet connectivity, poor road infrastructure, and insufficient educational and healthcare facilities. From the perspective of Fiqh Siyasah Tanfidziyah, these developments reflect partial fulfillment of the government's responsibility to promote public welfare (maslahah).
Praktik Perjanjian Sewa Kos Mahasiswa di Sekitar UIN Bukittinggi (Tinjauan Hukum Ekonomi Syariah) Melia Feronica; 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.v1i1.423

Abstract

This study aims to analyze the implementation of the principle of trust (amanah) in boarding house rental agreements around the State Islamic University (UIN) Sjech M. Djamil Djambek Bukittinggi based on Islamic Economic Law, focusing on how the principle is applied in practice and its conformity with sharia principles. This research uses an empirical legal method with a sociological juridical approach. Data were collected through interviews with boarding house owners and tenants, as well as documentation of existing rental agreements in the research area. The data were analyzed using qualitative descriptive analysis to examine the implementation of the principle of trust in rental practices. The findings show that most boarding house rental agreements are conducted orally without written contracts, and the principle of trust has not been fully implemented, particularly on the tenant side, where late payments and non-compliance with agreed terms are still common. This indicates a gap between actual practices and the principle of trust in Islamic economic law. In conclusion, the implementation of the principle of trust in boarding house rental agreements around UIN Bukittinggi is not yet optimal, and it is recommended that landlords establish clear written agreements based on Islamic principles while tenants improve their legal and moral responsibility in fulfilling contractual obligations.    
Maanta Lamang Kearifan Local Masyarakat Nagari Gunung Rajo Ditinjau dari Hukum Islam Dhiya Hasna Zhafira; Busyro Busyro
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.v1i1.448

Abstract

Maanta Lamang is a traditional practice within the Minangkabau wedding process in Nagari Gunung Rajo, functioning as malatak tando, an initial bond between prospective bride and groom before the marriage ceremony. This study aims to analyze the implementation of Maanta Lamang and examine it from the perspective of Islamic legal theory using a qualitative field research approach. Data were collected through interviews, observation, and documentation involving traditional leaders, religious leaders, bundo kanduang, and community members in Nagari Gunung Rajo. The findings indicate that Maanta Lamang reflects values of mutual respect and strengthens familial relations in the preparation for marriage. Its implementation is carried out based on mutual agreement and supervised by customary and religious leaders to ensure conformity with adat basandi syarak, syarak basandi Kitabullah. From an Islamic legal perspective, Maanta Lamang is categorized as ‘urf sahih because it is a socially accepted custom that does not conflict with Islamic law. This study contributes to the understanding of the integration between customary law and Islamic law in Minangkabau marriage traditions by highlighting the compatibility between local wisdom and Islamic jurisprudence and providing empirical evidence from Nagari Gunung Rajo. The study also offers implications for strengthening socio-legal harmony in rural Indonesian Muslim communities and supports the preservation of adat-based marriage customs that remain consistent with Islamic principles in contemporary society. It further emphasizes the importance of maintaining balanced relations between tradition and religion in shaping sustainable and culturally rooted legal practices in Indonesia especially in the Minangkabau society context today specifically.
Pelaksanaan Sewa Menyewa Tanah Harta Pusako Tinggi di Nagari Situjuah Batua Perspektif Fiqih Muamalah Nur Ayza Syafitri; Fajrul Wadi
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.v1i1.455

Abstract

The leasing of high-ranking ancestral land (tanah pusako tinggi) is commonly practiced in Situjuah Batua and often raises legal and religious issues concerning communal ownership rights. This study aims to examine the implementation of high-ranking ancestral land leasing and analyze it from the perspective of Islamic muamalah jurisprudence. This research employed a qualitative approach through field and library research. Primary data were obtained through interviews and observations involving niniak mamak and parties engaged in leasing agreements, while secondary data were collected from books, journals, and other relevant literature. Data were analyzed through data reduction, data presentation, and conclusion drawing. The findings show that the leasing of high-ranking ancestral land is frequently conducted without the consent of all heirs (kemenakan) and niniak mamak who collectively possess rights over the property. This practice occurs because some parties assume that their familial relationship to the land grants them sufficient authority to lease it independently. From the perspective of muamalah jurisprudence, such transactions do not fulfill the legal requirements of leasing jointly owned property, particularly the requirement of approval from all rights holders. Consequently, the leasing agreement is considered invalid and lacks legal legitimacy under Islamic law. The absence of collective authorization may lead to legal uncertainty and disputes regarding the management and utilization of high-ranking ancestral land within the community. Therefore, compliance with the principles of communal ownership and Islamic contract law is essential to prevent future conflicts.
Implementasi Perda tentang Kawasan Tanpa Rokok di RSUD Bengkalis Perspektif Fiqh Siyasah Tanfidziyah Jasinda Iryani Apriyo Putri; Heru Permana Putra
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.v1i1.494

Abstract

The implementation of smoke-free areas in healthcare facilities constitutes an important effort to protect the public from exposure to cigarette smoke. However, the implementation of this policy continues to face various challenges, including at the Regional General Hospital of Mandau District. This study aims to analyze the implementation of Bengkalis Regency Regional Regulation Number 4 of 2024 concerning Smoke-Free Areas at the Regional General Hospital of Mandau District and to examine it from the perspective of fiqh siyasah tanfidziyah. This study employed a normative legal research method using a qualitative approach. Data were collected through observations, interviews, and documentation and were analyzed descriptively. The findings indicate that the implementation of the policy has not yet been optimal. Based on George C. Edward III’s policy implementation theory, this condition is influenced by four factors: ineffective communication due to limited direct dissemination of the regulation, inadequate resources in terms of budget and human resources, the weak disposition of implementers reflected in the inconsistent enforcement of sanctions, and a bureaucratic structure that has not been well coordinated. The study concludes that the implementation of Bengkalis Regency Regional Regulation Number 4 of 2024 has not been fully effective. From the perspective of fiqh siyasah tanfidziyah, this situation demonstrates that the principle of governance oriented toward public welfare (maslahah) has not been optimally realized, as the government has not maximized its mandate to protect society from the harmful effects of cigarette smoke.
Kedudukan Anak Zina di Lima Puluh Kota Ditinjau dari Kriminologi dan Hukum Islam Zeko Purnama Saputra; 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.v1i1.499

Abstract

Social exclusion of children born out of wedlock remains a persistent social problem in Indonesian society, including in Nagari Guguak VIII Koto, Guguak District. Children with this birth status frequently encounter stigma and discriminatory treatment because communities often associate their circumstances with the conduct of their parents. Such conditions adversely affect children’s social interactions, emotional well-being, and psychological development. This study aims to identify the forms of social exclusion experienced by children born out of wedlock and to analyze these practices from the perspectives of Indonesian positive law and Islamic criminal law. This research employed an empirical juridical method with a qualitative approach. Data were collected through interviews, observations, documentation, and literature reviews involving community leaders, village officials, and families directly affected by the issue. The findings reveal that social exclusion manifests through verbal abuse, negative labeling, restrictions on participation in social activities, and discriminatory treatment within the community. These experiences contribute to diminished self-confidence, psychological distress, and difficulties in social adjustment among affected children. From the perspectives of Indonesian positive law and Islamic criminal law, such discriminatory practices violate the principles of child protection, justice, equality, and human rights because children cannot be held responsible for circumstances arising from their parents’ actions. Therefore, stronger legal awareness and community-based interventions are necessary to prevent discrimination and ensure the fulfillment of children's rights and dignity without distinction. Educational institutions and local authorities should promote inclusive attitudes through socialization and child protection initiatives at the community and family levels consistently and sustainably.  
Legitimasi Sosial terhadap Sanksi Denda Semen bagi Pelaku Zina di Padang Pariaman Sonia Elfi Ariska; 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.v1i1.515

Abstract

Penelitian ini bertujuan untuk mengkaji pelaksanaan sanksi denda semen sebagai sanksi adat bagi pelaku zina di Desa Lubuk Pandan serta menganalisis kesesuaiannya dengan prinsip-prinsip hukum pidana Islam. Penelitian ini menggunakan metode penelitian hukum empiris dengan pendekatan deskriptif kualitatif. Data primer dikumpulkan melalui wawancara mendalam dan observasi lapangan secara langsung yang melibatkan pemuka adat, anggota masyarakat, serta informan lain yang relevan. Hasil penelitian menunjukkan bahwa denda semen merupakan sanksi adat yang dibentuk melalui kesepakatan kolektif masyarakat untuk menjaga nilai-nilai moral, memelihara martabat nagari, memulihkan keharmonisan sosial, serta memberikan pertanggungjawaban moral kepada pelaku zina. Masyarakat memandang sanksi tersebut sebagai mekanisme yang efektif untuk menjaga ketertiban umum dan mencegah terjadinya pelanggaran norma adat di masa mendatang. Namun, dari perspektif hukum pidana Islam, denda semen tidak sejalan dengan ketentuan hudud, karena hukuman bagi tindak pidana zina telah ditetapkan secara pasti dalam syariat Islam, baik mengenai bentuk maupun kadar hukumannya. Meskipun demikian, sanksi tersebut tetap berfungsi sebagai instrumen pengendalian sosial melalui penciptaan efek jera serta penguatan tanggung jawab komunal. Penelitian ini menyimpulkan bahwa pelaksanaan denda semen mencerminkan adanya interaksi yang terus berlangsung antara hukum adat dan nilai-nilai hukum Islam, meskipun legitimasi normatifnya masih terbatas dalam kerangka hukum pidana Islam.
Analisis Prinsip Amanah dan Keadilan dalam Akad Musyarakah pada Usaha Grosir Perspektif Hukum Ekonomi Syariah Hana Atul Faizah; Sofia Ridha
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 2 (2026): June 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.v1i2.519

Abstract

This study aims to analyze the form and mechanism of the musyarakah contract and examine the implementation of trustworthiness (amanah) and justice in the Mentari Bra Wholesale Business at Aur Kuning Market, Bukittinggi, from the perspective of Islamic Economic Law. This study employs field research with a juridical-normative approach. Data were collected through interviews with the business owner, the musyarakah partner, and supporting employees, as well as documentation. The data were analyzed descriptively using fiqh muamalah theory and the DSN-MUI Fatwa on musyarakah. The findings reveal that the partnership applies a syirkah inan contract between Hendra as the business manager and Desniwati as the capital partner, with unequal capital contributions and profit-sharing based on a mutually agreed ratio. In general, the partnership reflects the principles of amanah and justice through cooperation and an agreed profit-sharing arrangement. However, part of the business capital was used for personal purposes without the partner’s consent, indicating a breach of trust and a failure to fully uphold the principles of Islamic Economic Law. This study concludes that the validity of a musyarakah partnership depends not only on mutual agreement but also on responsible capital management, transparency, and fairness between partners. Academically, this research contributes to the study of Islamic Economic Law by demonstrating the importance of applying the principles of amanah and justice in the practical implementation of musyarakah contracts.
Tradisi Sadakah Pusaro dan Sadakah Kudo di Kabupaten Agam Ditinjau dari Hukum Islam Robby Afrianda; Buysro Busyro
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.v1i1.527

Abstract

This article examines the traditions of sadakah pusaro and sadakah kudo practiced by the Minangkabau community in Jorong Tampunik, Tilatang Kamang District, Agam Regency, as forms of customary-based almsgiving within funeral rites. The study aims to analyze the implementation of these traditions and explore their legal position within Islamic law. The novelty of this research lies in distinguishing the functions, meanings, and legal implications of sadakah pusaro and sadakah kudo through the concept of ‘urf in Islamic jurisprudence. This study employed field research using a qualitative descriptive approach. Data were collected through interviews with traditional leaders, religious figures, and community members, supported by documentation and relevant literature. The findings indicate that sadakah pusaro is distributed to individuals involved in funeral services as an expression of appreciation and solidarity, whereas sadakah kudo is specifically provided to customary leaders upon the death of a traditional authority figure. Both traditions are implemented flexibly according to the economic capacity of the bereaved family and serve to strengthen social cohesion, mutual assistance, and the preservation of Minangkabau cultural values. From the perspective of Islamic law, these practices are categorized as ‘urf shahih because they do not contradict the Qur’an, Sunnah, or established principles of Islamic jurisprudence and contain elements of public benefit (maslahah). Consequently, they are considered permissible and may attain the value of sunnah when performed voluntarily, sincerely, and without coercion. These findings demonstrate the compatibility between local customs and Islamic legal principles in maintaining social harmony and preserving community identity.  

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