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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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Praktek Taukil Wali Nikah Pada KUA Situjuah Limo Nagari Perspektif Fiqih Munakahat Vebby Vabiola; 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.v1i2.788

Abstract

This study examines the practice of taukil wali nikah  at the Office of Religious Affairs (KUA) of Situjuah Limo Nagari and analyzes its implementation from the perspective of Islamic family jurisprudence (fiqih munakahat). The study aims to identify the factors underlying the use of taukil wali nikah, the implementation procedures applied by the KUA, and its conformity with the principles of fiqih munakahat. This research employs a field research method with a qualitative approach. Data were collected through in-depth interviews with the Head of KUA, marriage registrars, delegated guardians, and parties involved in the marriage process, as well as documentation studies. The findings indicate that the practice of taukil wali nikah at KUA Situjuah Limo Nagari is generally carried out due to several factors, such as the death of the biological father, the absence of the guardian because of long-distance residence or work abroad, illness, and other lawful impediments. The implementation of the delegation follows the applicable administrative procedures and legal provisions. From the perspective of fiqih munakahat, the practice of taukil wali nikah is permissible as long as it fulfills the pillars and conditions of guardianship in marriage, is conducted voluntarily, and is based on valid Islamic legal grounds. Therefore, the implementation of taukil wali nikah At KUA Situjuah Limo Nagari, the marriage process is facilitated while legal certainty and public benefit are ensured, in accordance with the principles of Islamic law.
Efektivitas BP4 sebagai Lembaga Mediasi di KUA Kecamatan Payakumbuh Utara Zikri Mulia Putra; Shafra Shafra
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.v1i2.820

Abstract

This study is motivated by the fluctuation in the number of marriage mediation cases handled by BP4 at the Religious Affairs Office (KUA) of North Payakumbuh District during the period 2022–2025, which reveals a significant gap between the number of mediation cases at BP4 and divorce cases filed directly to the Religious Court. This study aims to examine the effectiveness of BP4 as a marriage mediation institution and to identify its supporting and inhibiting factors. This research employs a qualitative method with a field research approach. Primary data were obtained through interviews with the Head of KUA North Payakumbuh District, while secondary data were sourced from official KUA documents and Religious Court records for the period 2022–2025. Data validity was ensured through source triangulation. Results indicate that of 32 mediation cases handled by BP4, 24 cases were successfully resolved without proceeding to the Religious Court. However, BP4’s overall effectiveness is considered less than optimal since the number of cases entering BP4 is far smaller than divorce cases filed directly to the court. Supporting factors include staff professionalism and the Minangkabau community’s deliberative culture. Inhibiting factors include low public awareness of BP4, limited facilities and infrastructure, and the absence of operational budget from the Ministry of Religious Affairs. These findings contribute to the development of marriage mediation policy and serve as a practical reference for optimizing BP4’s role in reducing divorce rates at the district level.
Hak Khiyar dalam Jual Beli Baju Second secara Online Perspektif Fiqih Muamalah (Studi di Online Shop Bukittinggi) Julia Amanda; 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.v1i1.850

Abstract

The advancement of digital technology has significantly increased the practice of purchasing secondhand clothing online. However, such transactions continue to present issues, including discrepancies in product conditions, a lack of information transparency, and the absence of return policies, which can disadvantage buyers. This study aims to describe the implementation of the right of option (khiyar) in online secondhand clothing transactions within online shops in Bukittinggi and to analyze it from a fiqh muamalah (Islamic commercial jurisprudence) perspective. This study is field research that employs a descriptive qualitative approach. Data were gathered through interviews, observations, and documentation, and then analyzed through a descriptive qualitative method. The results indicate that the implementation of khiyar has not been optimal, as most sellers still enforce a "no return" policy, do not offer opportunities for transaction cancellation, and fail to provide comprehensive information regarding the condition of the goods. From a fiqh muamalah perspective, this practice does not fully satisfy the principles of justice, transparency, and the protection of the rights of both parties. Therefore, the implementation of khiyar needs to be optimized to ensure that transactions align with the regulations of fiqh muamalah.  
Implementasi Prinsip-Prinsip Syariah pada Produk Tabungan Easy Mudharabah di BSI KCP Bukittinggi Sudirman Nia Irfansyah; 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.v1i1.793

Abstract

This research is motivated by the challenge of asymmetric information in the implementation of the Easy Mudharabah Savings product at Bank Syariah Indonesia (BSI) KCP Bukittinggi Sudirman, particularly regarding the gap between the bank’s technical understanding and customers’ comprehension of the mudharabah mechanism. This study aims to analyze the implementation of the mudharabah contract and examine the extent to which sharia principles are applied in the operational practices of the product. Using an empirical juridical approach through field research with a qualitative method, data were collected through interviews with bank practitioners and documentation studies, which were analyzed descriptively based on Islamic economic law principles and DSN-MUI fatwas. The results indicate that the Easy Mudharabah Savings product has implemented the mudharabah muthlaqah contract by positioning customers as shahibul maal and the bank as mudharib through a profit-sharing (nisbah) mechanism rather than a fixed interest system. The implementation of sharia principles is reflected in the application of justice (al-‘adl), trustworthiness (amanah), and public benefit (maslahah), supported by Sharia Supervisory Board (DPS) oversight and prudential management practices. However, challenges remain regarding customers’ understanding of profit-sharing mechanisms and the characteristics of Islamic banking products. This study provides empirical insights into the importance of strengthening sharia compliance and customer education as efforts to reduce asymmetric information and enhance public trust in Islamic financial institutions.
Sanksi Adat Kawin ka Rantau di Nagari Lambah Kecamatan Ampek Angkek Kabupaten Agam Perspektif ‘Urf Hanifa Rahmah; 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.v1i2.861

Abstract

This study examines the customary sanctions for kawin ka rantau (marrying without notifying the Niniak Mamak) in the Jorong Koto Hilalang community, Nagari Lambah, Agam Regency, from the perspective of 'Urf. This qualitative research gathers primary data through interviews with Niniak Mamak, local community members, and the perpetrators, alongside secondary data from Islamic law literature, academic journals, and relevant written references. The findings reveal that violators are subject to a customary fine called maisi adat ka nagari, amounting to sasuku or satangah rupiah (approximately 3.5 Ameh). Based on the buek adat salingka nagari regulation, perpetrators can only be tried by the Niniak Mamak umpuak or nan barampek upon returning to their hometown. The fine must be paid within six months; failure to do so results in the perpetrators and their families facing ditinggalkan sepanjang adat, which entails exclusion from all village customary activities until the obligation is fulfilled. From the perspective of Islamic jurisprudence, these sanctions are categorized as 'urf al-khash (special/local custom) because they apply exclusively to Jorong Koto Hilalang, and they meet the criteria of 'urf sahih (valid custom) as they promote maslahah (public interest), align with common sense, and do not contradict Islamic principles.
Tradisi Malam Balacuik Marapulai dalam Perkawinan di Kota Pariaman Ditinjau dari Perspektif ‘Urf Jeni Silvia; 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.v1i1.993

Abstract

The Malam Balacuik Marapulai tradition is a customary wedding ritual that has been preserved and practiced for generations by the people of Marunggi Village, South Pariaman District, Pariaman City, West Sumatra. Conducted on the evening prior to the marriage contract (akad nikah), this tradition serves as a medium for moral guidance, mental preparation, and the reinforcement of responsibility for the prospective groom (marapulai). This study aims to examine the implementation of the tradition, explore its philosophical values, and analyze its position from the perspective of 'urf (customary practice) in Islamic law. This research employs a qualitative field research approach. Data were collected through interviews,observations,and documentation involving traditional leaders (niniak mamak), customary authorities, participants, and members of the local community. The findings reveal that the implementation of the tradition consists of several stages, including the delivery of customary speeches (sasambahan), the placement of ceremonial cloths, the melimaukan ritual, the symbolic striking of the groom using a palacuik, the provision of customary advice, and a communal meal. The tradition embodies significant values, including responsibility, moral education, respect for customary authority, social. solidarity, and spiritual preparedness. From the perspective of 'urf, the Malam Balacuik Marapulai tradition can be classified as 'urf şahīh (valid custom) because it is widely accepted by the community, continuously practiced, beneficial to society, and not contradictory to the fundamental principles of Islamic law. Nevertheless, the practice of unrestricted interaction between men and women during the ceremony requires adjustment to ensure greater conformity with Islamic ethical and legal values.        
Keabsahan Akad Wadiah pada Produk Tabungan Haji Pelajar di PT. BPRS Jam Gadang Bukittinggi Nabil Alqairi; 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.v1i1.973

Abstract

This study aims to analyze the implementation of the wadiah contract in the Student Hajj Savings product at PT. BPRS Jam Gadang Bukittinggi and to assess its validity based on Islamic economic law. This field research employed a descriptive qualitative approach, with data collected through interviews and documentation involving the Sharia Supervisory Board (DPS), bank employees, teachers, and students. The findings indicate that the implementation of the wadiah contract is carried out through three stages: pre-contract, contract, and post-contract. Account opening by students through the completion and signing of the Customer Data Form (FDN) is conducted without written consent from parents or guardians, although verbal consent has been obtained. From the perspective of Islamic economic law, this practice is generally in accordance with the principles of Fiqh Muamalah and DSN-MUI Fatwa Number 02/DSN-MUI/IV/2000 concerning Savings. The validity of the contract remains acceptable due to the verbal consent of parents or guardians. However, considering that the contract constitutes a legal act involving an Islamic financial institution, parental or guardian consent should be provided in written form to ensure legal certainty and protection for all parties involved.
Pembatalan Perkawinan Akibat Penipuan Istri Perspektif Maslahah Mursalah: Analisis Putusan PA Lubuk Sikaping Ana Musrita; 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.v1i2.996

Abstract

This study examines the annulment of a marriage due to fraud committed by the wife, as stipulated in Lubuk Sikaping Religious Court Decision Number 108/Pdt.G/2025/PA.Lbs. There are two main objectives of the study: first, to analyze the legal consequences for the parties following the issuance of the annulment of the second marriage, and to evaluate the decision through the perspective of maslahah mursalah as an instrument of contemporary ijtihad in Islamic family law. This study uses a qualitative approach with a normative-empirical case study method. Data were collected through in-depth interviews with four judges at the Lubuk Sikaping Religious Court and through analysis of decision documents and related laws and regulations The results indicate that annulment of a marriage has different legal consequences than a regular divorce, particularly regarding the status of children, the division of joint property, and the legal status of the parties. From the perspective of maslahah murlah, the determination is considered to fulfill the three levels of maslahah tahsiniyyat, hajıyyat, and dharurivvat, especially in protecting justice, children's rights, and the integrity of the marriage contract as a fundamental institution. This research contributes to enriching the nature of contemporary Islamic family law, especially in the aspect of marriage annulment due to marriage which is relatively rarely analyzed through the maslahah murlah framework.
Analisis Konstitusional Kebijakan Anggaran Pendidikan di Indonesia Tahun 2025 Menurut Perspektif Fiqh Siyasah Zaqiaty Salma; Miswardi Miswardi
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.v1i1.1100

Abstract

This study examines the alignment of the education budget policy in the 2025 State Budget with the Indonesian constitution and examines it through the perspective of Islamic jurisprudence (fiqh siyasah). The background of the study is based on the discrepancy between the education budget policy and the principles of justice and applicable legal provisions. The method used is qualitative research with a legislative and conceptual approach. Primary data comes from regulations and official documents, while secondary data includes books, journals, and relevant research findings. Analysis was conducted using content, descriptive, and comparative methods. The results indicate that, normatively, the education budget policy complies with the provisions of Article 31 Paragraph (4) of the 1945 Constitution, namely a minimum allocation of 20% of the State Budget. However, substantively, this policy does not fully align with constitutional principles. This is evident in the inequality in budget distribution, low effectiveness of fund use, and inaccurate policy priorities. The disparity between the general education budget and the civil service education budget indicates that the principle of distributive justice has not been met. From a legal perspective, this policy also fails to reflect core principles such as justice ('adalah), public interest (maslahah), deliberation (shura), and trustworthiness. The diversion of the budget to non-essential programs such as the MBG demonstrates an imbalance of priorities (tawazun al-masalih), as essential educational needs are neglected by secondary programs. Thus, although formally constitutional, this policy still requires substantial improvement.
Studi Ketergantungan Masyarakat terhadap Rentenir: Analisis Fiqih Muamalah di Kauman Selatan Kabupaten Pasaman Novri Aniska; 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.v1i1.1083

Abstract

Public reliance on informal interest-bearing credit remains a critical challenge in agrarian communities. This study aims to identify the factors driving public economic dependence on moneylenders in South Kauman, Pasaman Regency, and analyze these practices under qardh concepts and riba prohibitions in fiqh muamalah. Utilizing a qualitative field research approach, primary data were gathered through in-depth interviews with borrowers, moneylenders, religious leaders, and local officials. The findings reveal that dependence is triggered by agricultural income crises from declining rice yields, urgent primary needs, instant disbursement procedures, and limited access to formal Islamic financial institutions. From a fiqh muamalah perspective, the 10% to 30% interest rates and daily late fees strictly deviate from the social nature of qardh. This mechanism is explicitly classified as prohibited riba qardh because the community's financial pressure constitutes only a necessity (ḥājat) rather than a life-threatening emergency (ḍarūrah). This research contributes to informing local policy on the urgency of establishing accessible micro-Islamic financial institutions at the village level to curb exploitative practices.

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