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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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Kebiri Kimia bagi Pelaku Kejahatan Seksual Nak dalam UU No. 17 Tahun 2016 tentang Perlindungan Anak Perspektif Maslahah Sofia Suryani; 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.v1i2.1679

Abstract

The high number of cases of sexual violence against children in Indonesia, even though children are a trust from Allah SWT who have the right to protection. One of the state's efforts in responding to this problem is by establishing chemical castration sanctions as an additional punishment for perpetrators of child sexual crimes as regulated in Law No. 17 of 2016 concerning Amendments to Law No. 23 of 2002 concerning Child Protection. This provision has caused debate in society, so that further study is needed regarding these sanctions from a maslahah perspective. This study formulates two problem formulations, namely: 1) What are the provisions for chemical castration penalties for perpetrators of child sexual crimes in Law No. 17 of 2016, 2) How is the maslahah study of chemical castration sanctions. This type of research is a normative legal research with a normative juridical approach, namely library research that examines legal materials and laws and regulations. The data used consists of primary data in the form of laws and regulations and secondary data in the form of books and articles, analyzed qualitatively with a descriptive analytical method. The research findings indicate that the provision of chemical castration in Law Number 17 of 2016 is part of Indonesia's criminal law policy to strengthen child protection through increased sanctions. Chemical castration is not classified as a principal punishment, but rather as an additional punishment imposed based on a court decision and implemented after the principal punishment. Its implementation is regulated in Government Regulation Number 70 of 2020 through clinical assessment and medical supervision. From a maslahah perspective, the application of this sanction is a ta'zir policy to realize the public interest, prevent harm, protect children, and maintain public order.
Upaya Suami Jama’ah Tabligh dalam Mewujudkan Keluarga Sakinah Perspektif Fiqih Munakahat Kontemporer Ramadani Ramadani; 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.v1i2.1809

Abstract

This study examines the efforts of husbands who are members of the Tablighi Jamaat in establishing a sakinah family from the perspective of contemporary Islamic family jurisprudence (fiqh munakahat). The research is motivated by the assumption that participation in khuruj fi sabilillah may affect a husband's responsibilities toward his wife and children. This study aims to analyze how Tablighi Jamaat husbands fulfill their obligations in maintaining family harmony while actively participating in religious preaching activities. A qualitative case study approach was employed in Ujungbatu Timur Village, Ujung Batu District, Rokan Hulu Regency. Data were collected through in-depth interviews with Tablighi Jamaat members and supporting informants, while data analysis was conducted using data reduction, data display, and conclusion drawing. The findings reveal that husbands strive to maintain family welfare by fulfilling financial support, establishing communication during khuruj, involving their wives in religious education, and allocating quality time after returning from preaching activities. From the perspective of contemporary fiqh munakahat, these efforts are consistent with the principles of marital responsibility as long as the rights of the wife and children are protected and family welfare remains prioritized. The study contributes to the development of contemporary Islamic family law by demonstrating that religious missionary activities and domestic responsibilities can be harmonized through proportional fulfillment of marital obligations.
Eksistensi Wakaf Uang dalam Pengembangan Ekonomi Masyarakat Perspektif Ekonomi Syariah Siska Andriyani; Endri Yenti
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.v1i2.1982

Abstract

This study is motivated by the substantial potential of cash waqf as an Islamic economic instrument for promoting community economic development. However, the implementation of cash waqf management in Pariaman City continues to face several challenges, particularly the absence of a nazhir specifically responsible for managing cash waqf and the suboptimal productive utilization of waqf funds. Consequently, the benefits of cash waqf have not been fully realized by the community. This study aims to examine the existence of cash waqf management in supporting community economic development from an Islamic economic perspective in Pariaman City. This research employs a field research design using a qualitative approach. Data were collected through observation, interviews, and documentation at the Ministry of Religious Affairs of Pariaman City. The research informants included officials of the Ministry of Religious Affairs and other stakeholders involved in cash waqf management. Data were analyzed through data reduction, data display, and conclusion drawing. The findings indicate that cash waqf management in Pariaman City has demonstrated its existence through the collection of waqf funds, particularly from Civil Servants (ASN). Nevertheless, its management remains suboptimal, as the collected funds are still deposited in Islamic Financial Institutions Receiving Waqf Funds (LKS-PWU) and have not been productively utilized. Furthermore, the absence of a dedicated nazhir for cash waqf has resulted in the lack of continuous management, development, and reporting mechanisms. From the perspective of Islamic economics, cash waqf management reflects the principles of tauhid, justice, trust and responsibility, mutual assistance (ta'awun), balance, and public benefit (maslahah). Therefore, strengthening the productive management of cash waqf, accompanied by greater transparency and accountability, is necessary to maximize its contribution to community welfare. This study contributes to the literature on Islamic economics by providing empirical insight into the implementation of cash waqf management at the local level and highlighting the importance of strengthening institutional capacity and productive utilization to enhance the social and economic benefits of cash waqf.
Hak Waris Istri di Desa Gunung Tua Tonga Perspektif Fikih Mawaris Muhammad Yusup Siregar; Endri Yenti
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.v1i2.2014

Abstract

This research investigates the practice of distributing inheritance to wives in Gunung Tua Tonga Village, Padang Bolak District, North Padang Lawas Regency, viewed through the framework of fiqh al-mawārīth. The study uses qualitative field research with observation, interviews, and documentation as the main techniques for collecting data. The findings indicate that inheritance practices in the village are closely associated with the patrilineal kinship structure, in which men are regarded as the main successors and are given greater control over family assets. This canh be seen in several practices, including the takeover of the deceased's property by the husband's relatives, delaying the distribution of the estate until the wife dies, excluding the wife from her inheritance, giving priority to sons, and the limited understanding of Islamic inheritance rules among community members. As a result, wives who are recognized as heirs in Islamic law frequently fail to obtain the shares prescribed for them and, in certain cases, are only permitted to use the inherited property without receiving ownership rights. From the perspective of fiqh al-mawārīth, such practices are not consistent with the Qur'anic provisions, particularly QS An-Nisā' verses 7, 11, and 12, as well as the Indonesian Compilation of Islamic Law. The study therefore concludes that customary patrilineal considerations cannot serve as a valid basis for removing a wife's established inheritance rights.
Fotocopy Buku Nikah Orang Tua sebagai Persyaratan Administrasi Nikah di KUA Kec. IV Koto Kab. Agam Mutia Ramadhani Harmi; Arsal Arsal
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.v1i2.2074

Abstract

This research explores the administrative practice at the Office of Religious Affairs (KUA) in IV Koto Sub-district, Agam Regency, which mandates first-born female prospective brides to submit a photocopy of their parents' marriage certificate as an administrative prerequisite for marriage. This policy warrants examination as it lacks explicit stipulation in the Minister of Religious Affairs Regulation Number 20 of 2019 concerning Marriage Registration. This study aims to identify the underlying reasons for implementing this requirement at KUA IV Koto and to evaluate it through the lens of mashlahah mursalah. Employing a qualitative field research approach, data were collected through interviews with the Head of KUA and prospective brides, supplemented by observation and documentation. The analysis was conducted using mashlahah mursalah theory. The findings reveal that the photocopy requirement serves as a precautionary measure to authenticate the validity of the marriage guardian (wali) and to ensure the clarity of the prospective bride's lineage. Although this policy lacks a specific legal foundation in statutory regulations, it seeks to establish orderly administration and prevent errors in guardian designation. From the mashlahah mursalah perspective, this policy embodies benefit (maslahah) as it supports the preservation of lineage (hifẓ al-nasl) and provides legal certainty, while adhering to the principle of convenience to avoid unduly burdening the community.
Tradisi Manjapuik Palambo di Nagari Situjuah Banda, Kabupaten 50 Kota dalam Perspektif ‘Urf Putri Amanda; 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.v1i2.2051

Abstract

This research examines the Manjapuik Palambo tradition in Jorong Tangah Padang, Nagari Situjuah Banda Dalam, which obligates the wife's family to bring dulang to the husband's parents' house on the third day after the husband's death. This study aims to describe the practice of this tradition and analyze it through the perspective of 'Urf in Islamic law. Using qualitative field research methods with data collected through observation, in-depth interviews, and documentation, the study finds that the tradition is carried out by bringing various traditional dishes arranged in dulang and katidiang, involving family members, pasumandan, neighbors, and the surrounding community in a spirit of mutual cooperation. From the 'Urf perspective, this tradition tends to qualify as 'Urf Shahih within the scope of the Situjuah Banda Dalam community: it does not contradict the Qur'an and Sunnah, contains clear benefits (maslahah) such as strengthening social relations and community solidarity, and has been practiced for generations, although a degree of informal social pressure on less able families is still found and warrants continued attention. This tradition is also in line with the fiqh rule al-'ādah muḥakkamah and the objectives of Islamic law (maqashid al-syari'ah) in maintaining social relations and public welfare.
Implementasi Peraturan Bupati Agam tentang Nagari Madani di Nagari Nan Limo Kecamatan Palupuh Perspektif Siyasah Tanfidziyah Muhamad Rusdi; Raymond Dantes
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.v1i2.2115

Abstract

The primary impetus behind this study is the underperformance of the Nagari Madani Program under Agam Regent Regulation Number 74 of 2016 Program in Nagari Nan Limo. Although designated as a pilot village for the Nagari Madani Movement, community participation remains low, while guidance and evaluation have not been carried out consistently. Adopting a qualitative field research methodology, this study gathered data via structured interviews with key informants, including the Village Head (Wali Nagari) and the Village Consultative Body (Bamus), the Hamlet Head (Kepala Jorong), religious leaders, and community members, and were analyzed descriptively using an inductive approach. The study demonstrates that the application of the Nagari Madani Program incorporates diverse religious and community-based activities involving the village government and the communityNevertheless, its execution remains sub-optimal, primarily constrained by limited socialization, budget and facility constraints, the community's work commitments, the distance to mosques, and the migration of many young people. From the perspective of Siyasah Tanfidziyah, the implementation is consistent with the principles of public policy execution aimed at promoting public welfare, although continuous guidance and evaluation are still needed to optimize the program.  
Efektivitas Pusaka Sakinah dalam Penyelesaian Konflik Rumah Tangga di KUA Kecamatan MKS Kota Bukittinggi Zahid Al Zuhairi; Bustamar Bustamar
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.v1i2.2135

Abstract

Domestic conflict remains a leading cause of divorce in Indonesia, promting the Ministry of Religious Affairs to establish Pusaka Sakinah (the Familiy Sakinah Server Center) as a preventive and mediating institution within Kantor Urusan Agama (KUA). This study examines the role and function of Pusaka Skainah at the KUA of Mandiangin Koto Selayan, Bukittinggi, in resolving domestic conglicts, and evaluates the effectiveness of it’s implementation. It aims to identify how the program  operetes and to assess it’s effectiveness using Soerjono Soekanto’s legal efeectiveness theory, covering the factors of legal rules, law enforcement officers,facilities, society, and culture. This research employs a qualitative field-research method with a descriptive approach, using interview, observation, and documentation techniques, with the officiants (penghulu) as primary informants. The findings show that Pusaka Sakinah has carried out it’s funcyion through consultation, mediation, and marriage guidance services, supported by adequate institusional and human resources. However, the program has not been fully effective, primarily due to low community participation, the absence of a standardized documentation system, limited certified mediators, and the lack of a standard operating procedure for consultation services. These findings contribute theoretically by reinforcing Soerjono Soekanto’s effectiveness framework and practically by informing policy improvements for KUA and the Ministry of Religious Affairs. Domestic conflict remains a leading cause of divorce in Indonesia, promting the Ministry of Religious Affairs to establish Pusaka Sakinah (the Familiy Sakinah Server Center) as a preventive and mediating institution within Kantor Urusan Agama (KUA). This study examines the role and function of Pusaka Skainah at the KUA of Mandiangin Koto Selayan, Bukittinggi, in resolving domestic conglicts, and evaluates the effectiveness of it’s implementation. It aims to identify how the program operetes and to assess it’s effectiveness using Soerjono Soekanto’s legal efeectiveness theory, covering the factors of legal rules, law enforcement officers,facilities, society, and culture. This research employs a qualitative field-research method with a descriptive approach, using interview, observation, and documentation techniques, with the officiants (penghulu) as primary informants. The findings show that Pusaka Sakinah has carried out it’s funcyion through consultation, mediation, and marriage guidance services, supported by adequate institusional and human resources. However, the program has not been fully effective, primarily due to low community participation, the absence of a standardized documentation system, limited certified mediators, and the lack of a standard operating procedure for consultation services. These findings contribute theoretically by reinforcing Soerjono Soekanto’s effectiveness framework and practically by informing policy improvements for KUA and the Ministry of Religious Affairs.
Mekanisme Jual Beli Tiket Konser melalui Hak Prioritas CARAT Membership Card pada Aplikasi Weverse Riska Putri Hanif; Dahyul Daipon
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.v1i2.2139

Abstract

This study aims to examine the mechanism of concert ticket purchasing through the priority rights provided by the Carat Membership Card on the Weverse application from the perspective of fiqh muamalah. The background of this study is the growing use of digital membership systems in the K-Pop entertainment industry, which provide members with access to membership presales but do not guarantee successful ticket acquisition due to limited ticket quotas, high demand, and digital queuing mechanisms. This study employs a library research method using a descriptive qualitative approach. Data were obtained from the Weverse application, fiqh muamalah literature, scholarly journals, articles, and relevant previous studies. The analysis was conducted by comparing the practice of using the Carat Membership Card with the principles of fiqh muamalah based on the Qur'an, hadith, and the opinions of Islamic scholars. The results show that the mechanism of using the Carat Membership Card begins with the purchase of membership, followed by membership verification and the ticket purchasing process according to the predetermined schedule. The priority right granted to membership holders only provides an opportunity to participate in the presale and does not guarantee the acquisition of a concert ticket. From the perspective of fiqh muamalah, the Carat Membership Card transaction is more appropriately viewed as a transaction that provides membership benefits or facilities for a certain period. Meanwhile, concert ticket sales constitute a separate transaction conducted when users purchase tickets according to the specified price, availability, and terms and conditions. In principle, this practice is permissible as long as the service provider clearly and transparently explains the benefits, rights, requirements, and terms of the membership and does not create the impression that membership guarantees the acquisition of a concert ticket. Limited ticket availability and digital queuing do not constitute gharar as long as these conditions are clearly and transparently disclosed.
Riba Qardh dalam Sistem Julo-Julo Berbunga: Analisis Fiqih Muamalah di Jorong Gumarang II Lyra Elsarena; Pendi Hasibuan
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.v1i2.2258

Abstract

The julo-julo practice in Jorong Gumarang II, Nagari Tigo Koto Silungkang, Agam Regency, is not only used as a communal fund-raising activity, but the collected funds are also lent to members and non-members under the condition of additional payments. This practice raises concerns regarding the conformity of the lending mechanism and profit distribution to participants with the principles of Islamic jurisprudence (fiqh muamalah). This study aims to examine the implementation mechanism of julo-julo and analyze the lending mechanism and profit distribution to participants based on fiqh muamalah. This study employs field research using a descriptive qualitative approach. Primary data were obtained through interviews with the manager and members, observations, and documentation, while secondary data were obtained from the Qur'an, hadith, fiqh muamalah literature, and other relevant scientific sources. The data were analyzed qualitatively through data reduction, data presentation, and conclusion drawing, and were then analyzed based on the principles of qardh contracts and riba. The results show that members who borrow funds are charged an additional 5% per month, while non-members are charged an additional 8% per month until the loan is fully repaid. The additional payments are subsequently distributed to julo-julo participants. Based on fiqh muamalah, the stipulated additional payment constitutes riba qardh because it provides a benefit to the lender through a debt transaction. Therefore, the lending mechanism in the julo-julo practice is not yet in accordance with the principles of the qardh contract. The lending mechanism needs to be improved by eliminating the stipulated additional payment so that the julo-julo practice can continue to operate based on the principles of ta'awun and sharia.

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