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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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Salam Lintas Agama dalam Hasil Ijtima Ulama Komisi Fatwa se-Indonesia VIII Tahun 2024 Sri Rampa Apridayani Harahap; 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.v1i2.2275

Abstract

The decision of the Eighth Ijtima Ulama of the Indonesian Fatwa Commission in 2024 declaring interfaith greetings (salam lintas agama) impermissible has generated diverse responses among Islamic scholars, including those in Bukittinggi. Some scholars support the decision as an effort to preserve the purity of Islamic creed (aqidah), while others argue that offering interfaith greetings in certain contexts serves as a means of fostering religious harmony and social cohesion. This study aims to examine the perspectives of prominent Islamic scholars in Bukittinggi regarding the Ijtima Ulama decision and to analyze these perspectives from the standpoint of Siyasah Syar'iyyah. This research employed a qualitative field research approach. Primary data were obtained through interviews with three prominent Islamic scholars in Bukittinggi, while secondary data were derived from the Qur'an, Hadith, and relevant literature. The findings reveal three major perspectives. First, some scholars categorically reject interfaith greetings on the grounds that they may compromise the preservation of the Islamic faith (hifz al-din). Second, others permit such greetings as an expression of social respect and a means of promoting public welfare (maslahah ammah) and interreligious harmony. Third, a moderate perspective distinguishes between religious contexts and state or official settings, allowing flexibility according to the situation. From the perspective of Siyasah Syar'iyyah, all three viewpoints ultimately pursue the same objective, namely the realization of maslahah ammah, although they differ in emphasizing either the protection of religion or the maintenance of social harmony in accordance with the context and societal conditions.
Mitigasi Perusakan Hutan Lindung pada Dinas Kehutanan Kabupaten Agam Perspektif Siyasah Tanfidziyah Devriandi Rezalindo; 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.v1i2.2419

Abstract

This research is motivated by the ongoing destruction of protected forests in Agam Regency, such as illegal logging, unauthorized land clearing, and forest fires, despite the enactment of Law Number 18 of 2013 concerning the Prevention and Eradication of Forest Destruction. This condition indicates that the implementation of policies in the field is not yet fully optimal, so that a study is needed on the implementation of these regulations at the Agam Regency Forestry Service from the perspective of Siyasah Tanfidziyah. This study aims to determine the implementation of Law Number 18 of 2013 in protected forest areas in Agam Regency and analyze it based on the principles of Siyasah Tanfidziyah. The research method used is field research with a qualitative approach. Data were obtained through interviews, observations, and documentation, with primary data sources from the Head of the Agam Regency Forestry Service and secondary data sources from community leaders and related literature. The research results show that the Agam Regency Forestry Service, through the Agam Raya Forest Management Unit (UPTD KPHL), has implemented various efforts to prevent and eradicate forest destruction, such as patrols, outreach, the installation of prohibition signs, coordination with law enforcement officials, and community empowerment. However, this implementation has not been optimal due to obstacles such as the vastness of the forest area, limited personnel and budget, difficult access to the location, and low public awareness. From a Siyasah Tanfidziyah perspective, the implementation of this policy reflects the principles of trust, justice, maslahah (benefit), and accountability. Although supervision and coordination are still needed to achieve forest protection goals more effectively.
Tinjauan Fiqh Muamalah terhadap Penyesuaian Sistem Bagi Hasil Pertanian Padi di Lubuak Talang Febri Aprianur; 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.v1i2.2426

Abstract

Agricultural profit-sharing is a form of cooperation widely practiced by rural communities to optimize land utilization and improve the welfare of both landowners and cultivators. In Lubuak Talang, the profit-sharing arrangement has changed from one-third to one-fourth of the harvest for landowners due to the increasing production costs borne entirely by the cultivators. This change has raised legal and ethical concerns regarding the implementation of the agreement, particularly with respect to fairness, mutual consent, and risk allocation. This study aims to analyze the implementation of the profit-sharing system and evaluate its conformity with the principles of fiqh muamalah. This research employed a qualitative field research approach. Data were collected through observation, interviews, and documentation and analyzed descriptively. The findings reveal that the cooperation is based on the mukhabarah contract, in which the landowner provides the agricultural land while the cultivator bears all production costs until harvest. Although this contract is generally permissible under fiqh muamalah, its implementation has not fully reflected the principles of ar-ridha and al-‘adalah, as the revised profit-sharing ratio was not established through an equal bargaining position. In addition, no clear agreement exists regarding the allocation of risks in the event of crop failure. Therefore, clearer provisions concerning the rights and obligations of both parties, the profit-sharing mechanism, and risk allocation are required to ensure that the agreement is implemented in accordance with the principles of justice, mutual consent, and public benefit in fiqh muamalah.
Peran Ninik Mamak dalam Penyelesaian KDRT di Nagari Duku Utara Perspektif Hukum Keluarga Islam Cilmardani Cilmardani; Arsal Arsal
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.v1i1.2496

Abstract

This study examines the role of Ninik Mamak in resolving domestic violence (DV) cases in Nagari Duku Utara, Koto XI Tarusan Subdistrict, Pesisir Selatan Regency, where community members tend to prioritize customary mechanisms over formal legal procedures under Law No. 23 of 2004 on the Elimination of Domestic Violence. This study aims to analyze the techniques employed by Ninik Mamak in resolving domestic violence cases and assess their conformity with Islamic family law. This field research employs a descriptive qualitative approach. Primary data were collected through in-depth interviews with four Ninik Mamak, the Wali Nagari, the Nagari Secretary, and local community members, while secondary data were obtained from legal documents and relevant literature. Data were analyzed through reduction, presentation, and conclusion drawing. The findings reveal five stages of dispute resolution: summoning the parties, gathering statements, providing advice, facilitating reconciliation through family mediation, and drafting a written peace agreement. These procedures emphasize deliberation, family involvement, and peaceful settlement. In principle, the practices align with Islamic family law. The role of Ninik Mamak corresponds to that of a hakam (arbitrator) in Qur'an 4:35; deliberation reflects Qur'an 42:38; advice relates to Qur'an 103:3; and written agreements correspond to the obligation to fulfill agreements in Qur'an 5:1. These practices also relate to the Compilation of Islamic Law, the Marriage Law, and the Domestic Violence Law. The study concludes that customary mechanisms can support family dispute resolution, provided that reconciliation does not compromise victims' safety, legal rights, or access to formal protection.
Izin Poligami Suami Hiperseks Perspektif Maslahah di Pengadilan Agama Pasir Pengaraian Musfirah Hidayati; Maizul Imran
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.v1i1.2532

Abstract

A husband's hypersexuality is not among the grounds listed in Article 4(2) of the 1974 Marriage Law or in the Compilation of Islamic Law (KHI), yet it formed the basis for a polygamy permit in Decision Number 12/Pdt.G/2020/PA.Ppg at the Pasir Pengaraian Religious Court. This paper examines the legal reasoning behind that outcome. Using a normative-empirical legal research method with a qualitative field approach, drawing on interviews with the presiding judge, the substitute registrar, and the second wife, it traces how the panel reached its decision and evaluates the ruling against the maslahah framework. The panel, it turns out, grounded its approval in the first wife's failure to meet her marital obligations, reinforced by the cumulative conditions set out in Article 5(1) together with Articles 57–58 of the KHI; her admission in court was accepted as conclusive evidence (iqrar), and the judges invoked the principle that preventing harm takes precedence over pursuing benefit. Viewed through a maslahah lens, however, the decision leans procedurally passive, rests on protective factors that are largely formal, and advances only a partial maslahah mursalah argument—one weighing polygamy solely against the risk of adultery while leaving its psychological and relational costs unexamined. Because of this gap in Indonesia's polygamy regulations, the benefit achieved settles at the tahsiniyat, or complementary, tier rather than anything more fundamental. The paper closes by recommending that judges in comparable cases require objective medical or psychological evidence before granting similar permits.
• Implementasi Undang-Undang No. 17 Tahun 2023 tentang Kesehatan di RSUD Dharmasraya Ditinjau dari Siyasah Tanfiziyah Lussi Irma; Beni Firdaus
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.v1i1.2651

Abstract

This study aims to analyze the implementation of Article 174 of Law Number 17 of 2023 at Sungai Dareh Regional Hospital, Dharmasraya Regency, and review it from the perspective of Siyasah Tanfiziyah. The research is motivated by the ongoing obstacles in the implementation of health services, such as of services according to applicable regulations. Article 174 of Law Number 17 of 2023 stipulates that every health service facility is required to provide emergency services quickly by prioritizing saving lives and is prohibited from refusing patients or delaying services for administrative reasons. This study examines the implementation of these provisions at Sungai Dareh Regional Hospital, Dharmasraya Regency, and its compliance with the principles of Siyasah Tanfiziyah in realizing fair public services that are oriented towards the welfare of the community. The research method used is qualitative research with an empirical-normative approach. Primary data was obtained through interviews, observation, documentation, and literature review. Then, results of the study indicate that the implementation of Article 174 of Law Number 17 of 2023 at Sungai Dareh Regional Hospital has generally been carried out in accordance with the provisions, although still constrained by limited human resources, facilities, and service coordination, justice, responsibility, and welfare, but still requires improvement in effectiveness.
Efektivitas Larangan Pakaian Minim dalam Perspektif Fikih Siyasah Tanfidziyah Aditya Pratama; Saiful Amin
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.v1i2.2659

Abstract

This article examines the effectiveness of Article 34 of West Pasaman Regency Regional Regulation Number 13 of 2018 concerning Public Security and Public Order, particularly the prohibition of wearing revealing clothing in entertainment venues, and analyzes it from the perspective of fiqh siyasah tanfidziyah. The implementation of this provision faces several challenges, including differing interpretations of the term "revealing clothing" and varying levels of public compliance. This study aims to identify the factors that support and hinder the enforcement of the provision and to assess its conformity with the principles of siyasah tanfidziyah. The research employs a normative-empirical legal research method with a descriptive qualitative approach, using field research conducted in Nagari Parit, Koto Balingka District. Primary data were collected through observation, structured interviews, and documentation, and were analyzed inductively using Soerjono Soekanto's theory of legal effectiveness. The findings indicate that the implementation of Article 34 is reasonably effective but not yet optimal. Supporting factors include the legal validity of the regulation, support from law enforcement officers and the nagari government, and its compatibility with local customs and religious values. Meanwhile, the inhibiting factors include the lack of a clear operational definition of "revealing clothing," limited institutional capacity and facilities, and the influence of external cultural values. From the perspective of fiqh siyasah tanfidziyah, the implementation of Article 34 is consistent with the objectives of maqashid al-shariah and is justified as an exercise of governmental authority within the framework of siyasah tanfidziyah wilayahiyah. These findings imply the need for implementing technical regulations to strengthen legal certainty and improve the effectiveness of enforcement at the nagari level.
Implementasi Pasal 5 Permenhub 45/2020 tentang Kendaraan Listrik di Kota Bukittinggi Perspektif Siyasah Tanfiziyah Wahyuli Giovani; Soraya Oktarina
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.v1i1.2719

Abstract

This study aims to analyze the implementation of Article 5 of Minister of Transportation Regulation No. 45 of 2020 concerning Certain Vehicles Powered by Electric Motors on Public Roads in Bukittinggi City and examine its implementation from the perspective of siyasah tanfiziyah. The increasing use of electric bicycles in Bukittinggi has not been fully accompanied by compliance with safety requirements and operational restrictions stipulated in the regulation. Non-compliance is reflected in the use of electric bicycles by individuals who do not meet the prescribed age requirement, failure to wear helmets, and operation on areas or road sections that are not designated for electric bicycles. This study employs an empirical legal research method with a descriptive qualitative approach. Data were collected through interviews, field observations, and documentation and analyzed through data reduction, data presentation, and conclusion drawing. The findings indicate that the implementation of Article 5 has not been optimal due to limited public dissemination of the regulation, the absence of specific local implementing regulations, and inadequate monitoring and enforcement. From the perspective of siyasah tanfiziyah, these conditions demonstrate that the executive function of the local government in implementing public policies and ensuring public welfare has not been fully realized. The findings further highlight the importance of hifz al-nafs (protection of life) as a fundamental consideration in regulating electric bicycle use. Therefore, stronger local policies, systematic public education, and interagency coordination are required to ensure regulatory compliance, traffic order, and public safety in Bukittinggi City.
Pemikiran Politik Muammar Qaddafi: Kritik terhadap Demokrasi Perwakilan Modern Gusvian Herryza Putra; Saiful Amin
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.v1i2.2755

Abstract

Muammar Qaddafi’s critique of parliament and political parties in The Green Book argues that modern representative democracy fails to realize genuine popular sovereignty. However, his Jamahiriya system in Libya has been criticized for its authoritarian character, raising questions about the academic validity and internal consistency of his political thought. This study aims to analyze Qaddafi’s critique of parliament and political parties within modern representative democracy, evaluate it from the perspective of fiqh siyasah, particularly the concept of shura, and examine its consistency with his political practices in Libya. This study employs a qualitative library research method using content analysis. The Green Book serves as the primary source, complemented by secondary literature on democratic theory, fiqh siyasah, and relevant scholarly journals. Data were collected through documentation and analyzed descriptively and comparatively. The findings indicate that Qaddafi’s criticism of parliament and political parties reflects concerns also discussed by Schmitt, Manin, Pitkin, Duverger, and Michels. Nevertheless, his proposed alternative, implemented through Popular Conferences and People’s Committees, fails to satisfy Dahl’s institutional prerequisites for democracy and Montesquieu’s principle of separation of powers. From the perspective of fiqh siyasah, Qaddafi’s rejection of consultative and representative institutions conflicts with the collective and participatory character of shura, which emphasizes consultation in political decision-making. This contradiction becomes more evident when his political theory is compared with the authoritarian development of the Jamahiriya system. The study concludes that although Qaddafi’s critique raises relevant questions about the limitations of representative democracy, his proposed political model lacks adequate institutional safeguards to ensure genuine popular participation, accountability, and the distribution of political power.
Efektivitas Peraturan Daerah Kabupaten Agam tentang Kawasan Tanpa Rokok Ditinjau dari Siyasah Dusturiyyah Mhd Zia Maulana; Adlan Sanur Tarihoran
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.v1i2.3145

Abstract

Agam Regency Regulation Number 4 of 2021 on Non-Smoking Areas (KTR) was enacted to protect the public from the harms of tobacco, yet nearly five years after enactment its implementation remains suboptimal. This study aims to assess the effectiveness of the regulation and to examine it through the lens of siyasah dusturiyyah. Using a qualitative field-research design with six purposively selected informants, primary data were collected through interviews, while secondary data came from the regulation's text, related legislation, and the literature; all data were analyzed descriptively and qualitatively using Soekanto's theory of legal effectiveness. The findings show that enforcement remains suboptimal because the legal substance is not yet supported by an implementing regent regulation, Satpol PP personnel are limited, and social control over underage smoking is weak; viewed through siyasah dusturiyyah, the regulation embeds the values of justice, equality before the law, deliberation, and public welfare. The study concludes that the regulation is normatively aligned with siyasah dusturiyyah but not yet sociologically effective, and recommends issuing the regent regulation, adding personnel, and extending outreach down to the village (nagari) level.

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