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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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Tinjauan Hukum Ekonomi Syariah Terhadap Titip Jual Kendaraan di Showroom Autodrift Padang Lua Rifan Lutfi Aderic; Fauzan Fauzan
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.v1i1.1112

Abstract

This study aims to analyze the practice of car consignment sales at Autodrift Showroom Padang Lua and to examine its conformity with Islamic Economic Law. The research was motivated by the cooperation between vehicle owners and the showroom in selling cars through an authorization agreement accompanied by service compensation, while in practice there were ambiguities regarding the amount of ujrah and the rights and obligations of the parties. This research is a field study using a qualitative approach. Primary data were obtained through interviews with the showroom owner, vehicle owners, and members of the public who had engaged in consignment sales, while secondary data were collected from books, journals, previous theses, the Compilation of Sharia Economic Law (KHES), and DSN-MUI Fatwas concerning wakalah bil ujrah. Data were collected through observation, interviews, and documentation, then analyzed descriptively using an Islamic Economic Law approach. The results show that the practice of car consignment sales at Autodrift Showroom Padang Lua is basically a wakalah bil ujrah contract, namely the granting of authority from the vehicle owner to the showroom to sell the vehicle in return for service compensation. However, the practice has not fully complied with the principles of Islamic Economic Law due to the unclear determination of ujrah and irregularities in the implementation of ijab qabul, which give rise to elements of gharar. This condition indicates that the contract does not fully satisfy the pillars and requirements of wakalah bil ujrah and may therefore be considered fasakh.
Tradisi Bakampuang Ampek Suku dalam Peminangan di Kabupaten 50 Kota Perspektif Maslahah Siti Nurhabibah; Muhammad 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.v1i1.1137

Abstract

The Bakampuang Ampek Suku Tradition in the engagement procession (Khitbah) in Nagari Lubuak Alai, Kapur IX District, 50 Kota Regency. In the midst of the modernization era, this tradition remains firmly established as an instrument of social control and integration of local communities based on the customary principle of basandi syarak, syarak basandi kitabullah. The study aims to determine the process of implementing the Bakampuang Ampek Suku Tradition in the engagement and to analyze the tradition based on the perspective of maslahah. This study uses a qualitative method through field research. Primary data were obtained directly from informants in the field such as the Village Head, Head of Kan, Niniak Mamak, and the Community. Secondary data are supported by bibliographic books, journals. Data collection techniques were carried out through structured interviews, observation, and documentation. The results of the study show that firstly, the implementation of the Bakampuang Ampek Suku tradition consists of four structured stages, namely the family marundiang (rundiang paruik), menyilau/mambuek tando, Bakampuang kaum, and Bakampuang Ampek Suku, which involve elements of the niniak mamak from the four tribes, religious scholars, cadiak pintar, and village officials. This forum discusses the logistical readiness of the party, genealogical validation to prevent inter-tribal marriages, and the determination of customary sanctions in the form of rompak paga for prospective brides from outside the region. Secondly, from the perspective of maslahah, the Bakampuang Ampek Suku tradition brings benefits (manfa'ah) and repels harm (mafsadah). Therefore, this tradition does not contradict the Qur'an and Hadith.
Implementasi Peraturan Bupati tentang Lingkungan Hidup di Nagari Padang Matinggi Perspektif Fiqh Siyasah Tanfiziyah Yulisna Yulisna; Hamdani Hamdani
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.v1i2.1164

Abstract

Environmental problems caused by gold mining activities persist in Nagari Padang Matinggi, Rao Subdistrict, Pasaman Regency. Field observations indicate that mining activities continue along the river, with waste materials consisting of mud, sand, and excavation residues being discharged into areas surrounding the river. These conditions are reflected in the river water becoming increasingly turbid and brown, as well as the accumulation of sand and mud that causes river sedimentation. Residents have also reported that the river water, which was previously used for daily needs, has experienced a decline in quality and may cause health complaints, such as itching after use. These conditions indicate problems in environmental management and supervision at the local level. This study aims to examine the implementation of Pasaman Regent Regulation Number 7 of 2022, Article 20 Paragraph (3), concerning the duties and functions of the Environmental Affairs Division in Nagari Padang Matinggi and to analyze its implementation from the perspective of Fiqh Siyasah Tanfidziyah. This study employs a qualitative approach with a field research design. Data were collected through observation, interviews, and documentation and analyzed through data reduction, data presentation, and conclusion drawing. The findings indicate that the regulation has not been implemented optimally, as evidenced by the continued river pollution and sedimentation, as well as inadequate environmental supervision. From the perspective of Fiqh Siyasah Tanfidziyah, these conditions indicate that the principles of trustworthiness (amanah), justice, compliance with regulations, and public welfare (maslahah) have not been fully realized in the implementation of environmental management.
Tradisi Setelah Kelahiran Anak di Kecamatan Harau Kabupaten Lima Puluh Kota Perspektif ‘Urf Viona Amelia; Maizul Imran
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.v1i2.1261

Abstract

The Jopuk Malam / Manta Laku tradition in Nagari Sarilamak is an ancestral custom involving the practice of taking a newborn to the paternal family’s home (bako) to establish lineage (nasab) and introduce the child to paternal relatives. This study aims to examine the implementation of this tradition and analyze its legal status from the perspective of Islamic law, particularly the concept of ‘urf. This study employs empirical legal research with a qualitative approach. Primary data were collected through interviews, observations, and documentation, while secondary data were obtained from books, articles, and academic journals. The data were analyzed descriptively to identify the practices and assess their legal implications. The findings indicate that the tradition consists of three stages: the bako collecting the child, the child staying at the bako’s home accompanied by a thanksgiving gathering, and the child returning home with a hen and a young coconut (cikal). In terms of Islamic legal classification, the tradition falls under al-‘urf al-khas (specific custom) because it is practiced within a particular community. However, elements involving ancestral beliefs that contradict Islamic teachings may render those aspects ‘urf fasid (invalid custom). This study contributes to the development of Islamic family law scholarship by demonstrating the importance of distinguishing culturally accepted practices from customary elements that conflict with Sharia principles.
Implementasi Undang-Undang Pangan pada Program Sawah Pokok Murah di Agam Ditinjau dari Perspektif Siyasah Maliyah Ahmad Farhan; Hendri Hendri
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.v1i2.1503

Abstract

The importance of efforts to realize food security through the implementation of food policies in accordance with Law Number 18 of 2012 concerning Food is very crucial. The Cheap Staple Rice Program (SPM) in Nagari Biaro Gadang is one of the programs that aims to reduce production costs, increase agricultural production, strengthen food availability, and improve the welfare of farmers and the community. This study aims to analyze the implementation of Law Number 18 of 2012 concerning Food in the program and review its implementation from the perspective of Siyasah Maliyah. The research method used is field research with interview techniques and direct observation. Primary data sources are farmers and village officials, while secondary data comes from the community in Nagari Biaro Gadang. Data analysis is carried out through data reduction, data presentation, and drawing conclusions. The results of the study indicate that the Cheap Staple Rice Program has in principle supported the objectives of Law Number 18 of 2012, especially in the aspects of food availability, increasing production, and strengthening community food security. This program provides benefits in the form of production cost efficiency, improved crop quality, and improved farmer welfare. From the perspective of Siyasah Maliyah, this program aligns with the principles of public welfare, justice, equitable distribution of benefits, and the leadership's responsibility for the welfare of the people. However, there are negative impacts for rice farmers and fertilizer and pesticide sellers, who experience decreased income. Nevertheless, this program has significant potential to achieve food security if supported by the government, with proper oversight, and clarity on its sustainability.
Tinjauan Hukum Ekonomi Syariah terhadap Jual Beli Pesanan Mebel di Kabupaten Pasaman Alya Ana Tasya; 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.v1i2.1526

Abstract

This field-based qualitative study investigates furniture order transactions at Perabot Tunas Jaya in Bonjol, Pasaman, which involve a third-party financier who settles consumer debts and demands repayment in installments with a 46 to 50 percent markup. Primary data were gathered through in-depth interviews with the business owner, consumers, and the third party, while secondary data were sourced from fiqh muamalah literature and DSN-MUI fatwas, all analyzed descriptively using deductive and inductive approaches. The findings reveal that the mechanism operates through two schemes: pre-order communication and post-production bail-out, where the third party always requires repayment with a predetermined addition. From the perspective of Islamic economic law, the primary contract between the consumer and the producer fulfills the pillars and conditions of istishna and is therefore valid. However, the involvement of the third party cannot be classified as a murabahah contract due to the failure to fulfill the essential requirements of ownership and liability (dhaman). Substantively, the role of the third party functions as a loan contract (qardh), meaning that the profit stipulated from the very beginning is strictly categorized as unlawful usury (riba qardh). This practice is prohibited based on Surah Al-Baqarah verse 275, a hadith narrated by Ibn Mas'ud, and scholarly consensus (ijma), highlighting a critical need for Sharia-compliant financial alternatives in local trade transactions to protect consumers from exploitative debt arrangements.
Implementasi Permendikdasmen No. 3 Tahun 2025 di Bukittinggi Menurut Fiqh Siyasah Tanfidziyah Yola Sepitri; 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.v1i2.1576

Abstract

The issuance of Minister of Primary and Secondary Education Regulation No. 3 of 2025 concerning the New Student Admission System (SPMB) through the domicile pathway represents an improvement over the previous zoning system. However, its implementation at SMA Negeri 5 Bukittinggi has generated public dissatisfaction and perceptions of injustice. This study examines the implementation of the regulation, identifies the challenges encountered, and analyzes the policy from the perspective of fiqh siyasah tanfidziyah. This study employs empirical legal research with a descriptive qualitative approach. Data were collected through in-depth interviews and documentation and analyzed descriptively. The findings indicate that the implementation has generally followed applicable regulations and technical guidelines. Nevertheless, challenges remain, including inadequate dissemination of information, limited school capacity, and public misunderstandings regarding student selection mechanisms. From the perspective of fiqh siyasah tanfidziyah, the policy aligns with the principles of public welfare (maslahah), justice, and trustworthiness (amanah), particularly in preventing fraudulent practices and improving access to education. However, procedural compliance has not fully translated into substantive justice as expected by the public. This study concludes that effective policy implementation requires transparent communication, consideration of local conditions, and fair access to educational opportunities. Academically, this research contributes to the development of Islamic constitutional law by demonstrating how the principles of fiqh siyasah tanfidziyah can be applied to evaluate the implementation of public education policies.
Implementasi Pencabutan Program Keluarga Harapan (PKH) Ditinjau dari Fiqh Siyasah Tanfidziyah Delvia Delvia; 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.v1i2.1620

Abstract

This study investigates the mechanism of revoking the Family Hope Program (PKH) benefits in Aur Tajungkang Tengah Sawah Kelurahan, Bukittinggi, which is triggered by natural component expiration and behavioral violations, specifically social assistance funds misappropriation for online gambling. This phenomenon presents a critical challenge to poverty alleviation efforts when behavioral criteria overlap with socioeconomic welfare needs. This study aims to analyze the implementation of the Ministry of Social Affairs Regulation No. 1/2018 regarding benefit revocation and evaluate it through the lens of fiqh siyasah tanfidziyah. A descriptive qualitative approach was employed, gathering primary data via semi-structured interviews with the Head of Religious, Social, and Cultural Affairs, social workers, and affected residents, complemented by statistical documentation. The findings indicate that the revocation process adheres to state regulations to ensure accurate, justice-based targeting amid national quota constraints. From a fiqh siyasah tanfidziyah perspective, the local executive's enforcement aligns with Islamic governance principles, demonstrating accountability (amanah) by protecting public funds from unlawful use, distributive justice (al-'adl) by reallocating resources to eligible waiting-list applicants, and public welfare (maslahah). This study concludes that administrative sanctions against socioeconomically vulnerable individuals for behavioral infractions are justified under Islamic political law when oriented toward systemic fairness and social morality.
Customary Sanctions for Marrying Before an Elder Sibling: A Maslahah Mursalah Perspective Nurul Fajri; 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.v1i2.1662

Abstract

This study examines the customary sanction imposed on a younger sibling who marries before an elder, unmarried sibling in Jorong V Sungai Jariang, Lubuk Basung, Agam Regency, West Sumatra, and evaluates its standing under the Islamic legal concept of maslahah mursalah. The problem stems from the absence of explicit Qur'anic or hadith rulings on marriage order between siblings, which creates a gap between living customary practice and normative Islamic law. Using a qualitative, socio-legal (yuridis-empiris) approach combined with a normative maslahah mursalah framework, data were gathered through semi-structured interviews with three customary leaders (a Datuk/ninik mamak, a Bundo Kanduang, and a Mamak Sako), three religious leaders, three siblings who married first, two elder siblings who were "stepped over," and parents, supported by direct observation. Findings show that the sanction, minimally a cap (peci/songkok) for men and a shawl for women, with gold or batik clothing as negotiated additions, functions to preserve the elder sibling's honor, maintain family harmony, and deter recurrence, without imposing undue hardship. Applying the six conditions for maslahah mursalah formulated by Imam Malik and Al-Buthi, namely genuineness, generality, conformity with revealed texts and maqasid al-shari'ah, a daruriyyah/hajiyyah standing, a favorable balance between benefit and harm, and assessment by competent authorities, the sanction is found to satisfy all six conditions and to serve hifz al-'irdh and hifz al-nasl, positioning it as a hajiyat-level maslahah, while the accompanying folk belief that omitting the sanction delays the elder sibling's marriage is analytically distinguished as a mere hikmah (accompanying motive) rather than the sabab (operative cause) of the sanction's validity, and requires correction through religious education.
Legitimasi Hukum Menikahi Wanita Hamil di Luar Nikah Perspektif Buya Yahya dan Ustadz Khalid Basalamah di YouTube Latifa Ariza; Muhammad 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.v1i2.1883

Abstract

The issue of marrying a woman who becomes pregnant outside of marriage remains a subject of differing opinions in Islamic law. This matter is discussed in Qur'an Surah An-Nur verse 3 and Article 53 of the Indonesian Compilation of Islamic Law, which states that there is no prohibition against marrying a woman who is pregnant outside of wedlock. In addition, several popular Islamic preachers on YouTube present differing legal opinions regarding this issue, making it an important topic for further discussion. This study focuses on public reception of sermons delivered by popular preachers on YouTube, the methods they use to convey their messages, and netizens' responses to the differing opinions expressed by these preachers. Based on the research findings, two main conclusions were identified. First, regarding the Islamic ruling on marrying a pregnant woman as discussed in YouTube sermon content, there are two differing opinions: it is either permissible (halal/valid) or prohibited (haram). Those who consider it permissible or legally valid argue that such a marriage serves to protect the woman's honor by concealing the disgrace and provides an opportunity for the couple to sincerely repent. Second, the study also examined how internet users (netizens) responded to and perceived the sermons presented in the YouTube content.

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