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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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Pandangan Alim Ulama tentang Tradisi Adat Mangolat Boru dalam Perkawinan di Pasaman Barat Zainul Nasir; Pendi Hasibuan; Ismail Ismail; Nofiardi Nofiardi
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.v1i1.600

Abstract

This study aims to examine the implementation of the Mangolat Boru tradition and analyze Islamic scholars’ perspectives on its compatibility with Islamic family law in the Air Putih community, Kinali District, West Pasaman Regency. The Mangolat Boru tradition constitutes the final customary procession in a Mandailing marriage ceremony, symbolizing kinship, mutual respect, and the strengthening of family relationships. This research employed a descriptive qualitative approach. Primary data were collected through interviews with Islamic scholars (ulama), Hatobangon (customary elders), and community members, while secondary data were obtained from books, scholarly publications, legal documents, and other relevant sources. Data collection was conducted through interviews, observation, and documentation and analyzed using deductive, inductive, and comparative methods. The findings indicate that the implementation of the Mangolat Boru tradition comprises three principal stages: ceremonial preparations by anak namboru, symbolic negotiations regarding hepeng pangolat as a customary appreciation, and the formal permission granted to the groom to bring the bride to his family residence. The study further reveals that Islamic scholars unanimously consider the tradition permissible because it does not contradict the principles of Islamic law. Instead, it serves to strengthen kinship, preserve family harmony, and maintain Mandailing cultural values across generations. These findings contribute to Islamic family law scholarship by demonstrating that indigenous marriage traditions may coexist with sharia principles when they promote maslahah, reinforce social cohesion, and preserve local wisdom without conflicting with Islamic legal norms.
Optimalisasi Operasional Bandara Pusako Anak Nagari di Kabupaten Pasaman Barat dalam Perspektif Fiqih Siyasah Tanfiziyah Siti Nurhaliza; Fahmil Samiran
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.v1i1.607

Abstract

This study aims to analyze the strategies implemented by the Government of West Pasaman Regency in optimizing the operation of Pusako Anak Nagari Airport and to examine these strategies from the perspective of fiqh siyasah tanfiziyah. This research employed a qualitative field research approach. Data were collected through observation, interviews, and documentation involving airport managers, local government officials, and community members. The collected data were analyzed using the interactive model of Miles and Huberman, consisting of data reduction, data display, and conclusion drawing. The findings reveal that the local government implemented several strategies, including reactivating pioneer flight services, maintaining airport facilities and infrastructure, strengthening coordination with the central government, and conducting public outreach regarding the benefits of air transportation. However, these efforts continue to face several obstacles, such as low passenger demand, limited flight schedules, and dependence on central government subsidies. From the perspective of fiqh siyasah tanfiziyah, the airport optimization policy reflects the principles of trustworthiness (amanah), public benefit (maslahah), and justice ('adl). The government has attempted to fulfill its responsibility in managing public assets and providing transportation services for society. Nevertheless, greater policy innovation and stronger collaboration among stakeholders are required to maximize the airport's contribution to regional development and public welfare. This study demonstrates that the concept of siyasah tanfiziyah remains relevant in evaluating contemporary public policies, particularly those related to public infrastructure management and regional development. Abstrak Penelitian ini bertujuan untuk menganalisis strategi yang dilakukan oleh Pemerintah Kabupaten Pasaman Barat dalam mengoptimalkan operasional Bandara Pusako Anak Nagari serta meninjau strategi tersebut dalam perspektif fiqih siyasah tanfiziyah. Penelitian ini menggunakan metode penelitian lapangan (field research) dengan pendekatan kualitatif. Data diperoleh melalui observasi, wawancara, dan dokumentasi yang melibatkan pengelola bandara, pemerintah daerah, serta masyarakat. Analisis data dilakukan menggunakan model interaktif Miles dan Huberman yang meliputi reduksi data, penyajian data, dan penarikan kesimpulan. Hasil penelitian menunjukkan bahwa strategi yang dilakukan pemerintah daerah meliputi pengaktifan kembali penerbangan perintis, pemeliharaan sarana dan prasarana bandara, koordinasi dengan pemerintah pusat, serta sosialisasi kepada masyarakat mengenai manfaat transportasi udara. Namun, upaya tersebut masih menghadapi berbagai kendala, seperti rendahnya jumlah penumpang, keterbatasan jadwal penerbangan, dan ketergantungan terhadap subsidi pemerintah pusat. Dalam perspektif fiqih siyasah tanfiziyah, kebijakan optimalisasi bandara telah mencerminkan prinsip amanah, maslahah, dan keadilan. Pemerintah daerah telah berupaya menjalankan tanggung jawabnya dalam mengelola aset publik dan memberikan pelayanan transportasi kepada masyarakat. Penelitian ini menunjukkan bahwa konsep fiqih siyasah tanfiziyah masih relevan digunakan dalam menganalisis kebijakan publik kontemporer, khususnya yang berkaitan dengan pengelolaan infrastruktur dan pelayanan publik.*
Dialektika Hukum Islam dan Budaya: Analisis ‘Urf terhadap Tradisi Alek Malapeh Marapulai Aisyah Al-Akbari; Busyro Busyro
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.v1i2.616

Abstract

This study aims to analyze the implementation of the alek malapeh marapulai tradition after marriage in Nagari Guguak Tabek Sarojo, Agam Regency, and examine its legitimacy from the perspective of ‘urf in Islamic law. This research employs a qualitative approach, with data collected through observation and in-depth interviews with traditional leaders, religious leaders, and community members. The findings indicate that the tradition requires the conferral of a customary title upon the marapulai before the newlyweds begin living together. It functions as a social mechanism for strengthening family ties, legitimizing the marapulai’s status, and maintaining customary harmony within the matrilineal kinship system. From the perspective of Islamic law, the tradition fulfills seven criteria for valid ‘urf: it does not contradict Islamic legal texts, is rationally acceptable and consistent with community norms, is generally practiced repeatedly, predates the relevant legal event, does not override the parties’ agreements, avoids harm while promoting public welfare, and does not concern matters of prescribed worship (‘ibadah mahdhah). These findings support the classification of the tradition as ‘urf shahih, provided that its implementation continues to comply with these conditions. This study concludes that alek malapeh marapulai can be accommodated within Islamic law as a customary practice that supports social harmony and public welfare. Academically, this research contributes to the study of Islamic family law by demonstrating how customary marriage traditions can be evaluated through the legal framework of ‘urf.
Praktek Pemisahan Hadhanah Bagi Anak Kembar Fraternal Di Desa Pagardin Bengkulu Utara Dalam Perspektif URF Dori Lisnuardi; Dahyul Daipon
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.v1i2.647

Abstract

bstract The tradition of separating fraternal twins in Pagardin Village, North Bengkulu. The main issue examined in this research is how the practice of separation of custody, or hadhanah, applies to fraternal twins in the local community, and how the theory of urf in Islamic law relates to this tradition. This study was field research using a qualitative approach. Data were collected through in-depth interviews with traditional leaders, community members who experienced the event, and religious leaders, and then analyzed descriptively and inductively. The results indicate that the people of Pagardin Village have a tradition of requiring separation of custody, where one child is cared for by the biological parents, while the other is entrusted to and raised by a close relative. This practice is based on the belief that living together will result in a calamity, such as death or serious illness, for one of the children, known as alak maalak. From the perspective of urf theory, this tradition is categorized as urf khas because it only occurs in certain regions. However, based on the requirements for valid urf, this tradition is classified as urf fasid, or an incorrect custom. This is because such separation contradicts the basic principle of hadhanah in Islam, which obliges parents to care for and raise their own children, and severing the bonds of affection and the childs right to receive direct protection from their parents. Furthermore, the rationale used is based on beliefs that are not based on Islamic law and actually cause psychological harm to the child, making it unjustifiable and cannot be used as a legal basis in Islam. .
Implementasi Konsep Antaradin Minkum pada Sentra Kuliner UIN Bukittinggi Perspektif Hukum Ekonomi Syariah Abdul Mukisan; 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

Abstract

This study aims to analyze the implementation of the concept of antarāḍin minkum at the Culinary Center of UIN Bukittinggi from the perspective of Islamic Economic Law. The principle of antarāḍin minkum, which emphasizes mutual consent in every transaction, serves as a fundamental foundation of Islamic commercial law (muamalah) to ensure justice, transparency, and voluntary agreements between contracting parties. This research employed a qualitative method with an empirical juridical approach. Data were collected through in-depth interviews with culinary center managers, business operators, consumers, and university representatives, supported by field observations and documentation of relevant legal regulations and Islamic jurisprudence literature. The data were analyzed through data reduction, data presentation, and conclusion drawing, while source triangulation was applied to ensure the validity of the findings. The results indicate that the implementation of antarāḍin minkum is reflected in voluntary transactions, transparent pricing, clear product information, and consumers' freedom to choose products without coercion. From the perspective of Islamic Economic Law, commercial practices at the Culinary Center generally comply with the principles of mutual consent, honesty, justice, and maslahah (public benefit), although improvements are still required in education, supervision, and service standardization. This study contributes to the development of Islamic Economic Law by providing empirical evidence on the application of Sharia principles in microeconomic activities within higher education institutions and offers recommendations for strengthening transparent, professional, and Sharia-compliant business governance.
Praktik Pengupahan Karyawan Pada Bisnis Kuliner Martabak Black Halim di Kota Bukittinggi dalam Perspektif Fiqih Muamalah Sofia Sofia; Elkhairati Elkhairati
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.v1i1.654

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.
Pemotongan Tabungan yang di Kelola secara Perorangan di Kelurahan Sungai Durian Tinjau dari Fiqih Muamalah Ulva Gumala Dewi; Gusril Basir
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.v1i2.655

Abstract

This study aims to analyze the savings deduction mechanism in individually managed savings in Sungai Durian Village, Lampasi Tigo Nagari District, Payakumbuh City, and evaluate its compliance with the principles of fiqh muamalah. This research employs a qualitative field research method with a descriptive analytical approach. Data were collected through observation, interviews, and documentation and analyzed through data reduction, data presentation, and conclusion drawing. The findings indicate that the savings arrangement resembles a wadi‘ah contract, in which members entrust their funds to a manager for safekeeping until an agreed time. However, the manager deducts IDR 35,000 from every IDR 1,000,000 in savings without obtaining prior agreement from members. In addition, savings funds are used for lending activities that generate benefits for the manager. From the perspective of fiqh muamalah, these practices do not fully uphold the principles of trustworthiness (amanah), justice, transparency, and mutual consent (taradhi). The study concludes that savings management should be based on clear agreements, transparent deduction policies, and the protection of members’ rights. Any use of entrusted funds must comply with the applicable contract and receive the consent of the relevant parties. Academically, this research contributes to the study of Islamic financial transactions by highlighting the importance of contractual clarity and ethical accountability in community-based savings management.
Praktik Bermain Kartu Leng dengan Taruhan di Kabupaten Mandailing Natal Perspektif Hukum Ekonomi Syariah Winda Apriani Lubis; Basri Na’ali
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.v1i2.686

Abstract

This study examines the practice of the Leng Card game involving betting, public perceptions of the practice, and its review from the perspective of Islamic Economic Law in Sipolupolu Village, Panyabungan District, Mandailing Natal Regency. The study was motivated by the widespread practice of the Leng Card game accompanied by monetary betting, which has become a social habit within the community. The objectives of this research are to analyze the practice of the Leng Card game with betting, identify community perceptions of the practice, and assess its conformity with the principles of Islamic Economic Law. This research is a field study employing a qualitative approach. Data were collected through interviews, observations, and documentation involving religious leaders, traditional leaders, players, café owners, and village government officials. The data were analyzed using descriptive qualitative techniques through data reduction, data presentation, and conclusion drawing. The findings reveal that the Leng Card game is practiced by requiring each player to contribute a certain amount of money as a bet before the game begins, and the winner is entitled to receive all or part of the accumulated betting funds from the losing players. Community perceptions of this practice are divided into two groups: those who accept it as a form of entertainment, a social habit, and an additional source of income, and those who reject it because it is considered contrary to Islamic teachings. These differing perceptions are influenced by social habits, social environment, economic conditions, and the level of religious understanding. From the perspective of Islamic Economic Law, the Leng Card game involving betting falls under the category of maysir (gambling) because it contains elements of wagering, speculation, and the transfer of wealth from the losing party to the winning party without any legitimate compensation recognized by Islamic law. Therefore, the practice is considered prohibited (haram) and inconsistent with the principles of Islamic Economic Law.  
Studi Perbandingan Isbat Nikah Siri di Bawah Umur Perspektif Maqashid al-Syariah Hairumin Alfisya; 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.v1i1.701

Abstract

This study is undergirded by a divergence in judicial reasoning within the Religious Court of Tanjung Pati in adjudicating two substantially analogous petitions for the legalisation of underage unregistered marriages (isbat nikah siri). Case Number 92/Pdt.P/2025/PA.LK was granted, whereas Case Number 51/Pdt.P/2025/PA.LK was dismissed. The inquiry is directed toward excavating the ratio decidendi underlying these discrepant determinations and subjecting them to scrutiny through the prism of maqāṣid al-sharīʿah.This investigation is conducted through direct field-based inquiry employing an intensive, case-centred qualitative strategy. Data are elicited through in-depth interlocution with judicial authorities, complemented by a comprehensive exegesis of pertinent case dossiers and adjudicative records.The findings disclose that the decision allowing the petition foregrounds substantive equity, tangible social utility, and the safeguarding of vulnerable parties, particularly spouses and children. Conversely, the decision rejecting the petition is anchored in strict juridical formalism, administrative regularity, the deterrence of circumvention of the statutory minimum age requirement for marriage as stipulated in Law Number 16 of 2019 concerning amendments to Law Number 1 of 1974 on Marriage, and the absence of prior dispensation authorisation.From a broader normative vantage point, the granting judgment is perceived as more closely aligned with the preservation of progeny (ḥifẓ al-nasl). In contrast, the refusal is regarded as not yet fully actualising holistic beneficence (maṣlaḥah), given its potential to engender administrative encumbrances and psychological burdens upon children born from such unions.
Analisis Perjanjian Kerja Sama Pemilik dan Sopir PT Melsy Anugrah Transport Perspektif Hukum Ekonomi Syariah Hilda Sari; Raymond Dantes
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.v1i1.724

Abstract

This study aims to analyze the agreement and cooperation mechanism between vehicle owners and drivers at PT. Melsy Anugrah Transport from the perspective of Islamic economic law. The research focuses on examining the form of contractual relationship, the rights and obligations of each party, the profit-sharing mechanism, and the extent to which the cooperation complies with sharia principles governing business transactions. This study employs a qualitative case study approach. Primary data were collected through in-depth interviews with company management, vehicle owners, and drivers, as well as direct observation of the operational practices. Secondary data were obtained from company documents, relevant regulations, books, and scholarly literature on Islamic economic law. The collected data were systematically organized, classified, and analyzed using descriptive, inductive, and deductive methods. The findings indicate that the cooperation between vehicle owners and drivers is based on an agreement that regulates operational responsibilities, revenue distribution, and the rights and obligations of both parties. The cooperation mechanism has contributed to operational efficiency and provided economic benefits for the parties involved. However, several aspects of the agreement require greater clarity regarding contractual terms, risk allocation, and transparency in revenue sharing to ensure stronger legal certainty and fairness. The study concludes that a more structured and transparent agreement can enhance legal protection and support sustainable business cooperation. Academically, this research contributes to the development of Islamic economic law studies concerning transportation service partnerships and the implementation of sharia principles in contemporary business practices.

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