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INDONESIA
Hukum Islam
Published by Universitas Islam Negeri Sultan Syarif Kasim Riau
ISSN : 14118041     EISSN : 24430609     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Hukum Islam dengan nomor (Print ISSN 1411-8041) (Online ISSN 2443-0609) merupakan jurnal yang diterbitkan oleh Fakultas Syariah dan Hukum Universitas Islam Negeri Sultan Syarif Kasim Riau sebagai media pengkajian dan penyajian karya ilmiah terutama bidang hukum Islam. Jurnal ini pertama kali terbit sejak tahun Desember 1998, Jurnal ini terbit 2 kali dalam satu tahun yakni pada bulan Juni dan Nopember
Arjuna Subject : -
Articles 248 Documents
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Judicial Construction of the Authority to Represent Sharia Cooperatives: a Comparative Analysis of the Ratio Decidendi in Sharia Economic Disputes Ulan Pitriyani; Restu Hilwani Azra`; Anwar M.Radiamoda
Hukum Islam Vol 26 No 1 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/6x5dz038

Abstract

This study was motivated by differences in judges’ reasoning when determining the representative authority of Sharia Savings, Loan, and Financing Cooperatives (KSPPS) in cases involving Islamic economics, where the manager acts on behalf of the cooperative. These differences raise questions regarding the boundary between business management authority and litigation representation authority, as well as their implications for legal standing and legal certainty. This study aims to analyze the judicial reasoning (ratio decidendi) used by judges in determining the KSPPS’s authority to represent the cooperative and to formulate an ideal framework for such authority from the perspective of Sharia economic law. The study employs a normative legal methodology using a case-based approach and a statutory approach, focusing on six decisions from the Bantul Religious Court and the Yogyakarta High Religious Court. The results of the study reveal two judicial constructions. First, a functional construction that links the position and management functions of the Manager to the KSPPS’s capacity for representation. Second, a normative-formal construction that requires a clear source of authority or mandate from the Board of Management to conduct litigation representation. This study proposes an ideal framework involving the differentiation of the Board’s attributive authority, delegated authority to the Manager, operational authority, and litigation authority. This interpretation affirms that a Manager’s administrative functions do not automatically include the authority to represent the cooperative in litigation and must be based on a clear and accountable mandate in accordance with the principles of amanah, justice, and legal certainty
Reconstructing Marriage Dispensation through Maqāṣid al-Sharī‘ah: A Child-Centered Approach to Protecting Children’s Rights St. Samsuduha; Maria Ulviani; Ahmad Mas'ari
Hukum Islam Vol 26 No 2 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/pe8ckv53

Abstract

Child marriage remains a significant legal and human rights concern because it may adversely affect children’s welfare, development, education, agency, and future opportunities. In Indonesia, the strengthening of the statutory minimum marriage age through legal reform is accompanied by marriage dispensation as an exceptional mechanism, creating a need to reassess how judicial exceptions can be reconciled with substantive child protection. This research aims to reconstruct the assessment of marriage dispensation through maqāṣid al-sharī‘ah by placing children’s rights, best interests, agency, and long-term welfare at the center of judicial reasoning. The study employs normative juridical research using statutory, conceptual, and maqāṣid al-sharī‘ah approaches. Legal materials and relevant scholarly literature are analyzed qualitatively and descriptively-analytically to examine the relationship between marriage dispensation, child protection, potential harm, agency, power relations, and the objectives of Islamic law. The findings demonstrate that the formal availability of marriage dispensation does not by itself establish the substantive legitimacy of an exception. Marriage dispensation should remain an exceptional mechanism and should be assessed through the child’s best interests, potential physical, psychological, educational, economic, and social harm, meaningful child participation, freedom from coercive power relations, and long-term welfare and development. The study further demonstrates that maqāṣid al-sharī‘ah can function as a substantive analytical framework rather than merely as a justification for legal permissibility, by evaluating whether the expected maṣlaḥah of an exception is sufficiently justified in light of, and capable of preventing or outweighing, foreseeable mafsadah. The principal contribution of this research is the reconstruction of marriage dispensation through a child-centered maqāṣid framework that integrates genuine exceptional circumstances, best interests, harm assessment, child agency and power relations, and long-term welfare into judicial assessment. This reconstruction transforms marriage dispensation from a primarily procedural exception into a substantively justified, child-centered form of judicial reasoning.
A MAQASHID SHARIA REVIEW ON TIKTOK GIFT INCOME AS FAMILY MAINTENANCE Hendri Saputra; Sofia Hardani; Ahmad Fauzi
Hukum Islam Vol 26 No 2 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/zr5pwm18

Abstract

This research is motivated by the widespread phenomenon of content creators on the TikTok application exploiting negative actions, such as online begging or self-harm, to obtain virtual gifts. The problem arises when the funds cashed out from these gifts are used by the head of the family to fulfill the obligation of providing family support (nafkah). The purpose of this study is to understand the mechanism of obtaining money through TikTok gifts on negative content, analyze the muamalah contracts that occur, and examine the utilization of these funds for family support from the perspective of Maqashid Syari'ah. This study is library research using a normative juridical approach. Data were collected through a documentation method sourced from the Qur'an, Hadith, fiqh texts, and related literature, and were subsequently analyzed using content analysis. The results of this study indicate that TikTok employs a dual-currency ecosystem (coins and diamonds) where the platform deducts a massive commission of approximately 77% to 83%, meaning creators receive only a small fraction of the viewer's initial transaction value. Utilizing money generated from negative content as family support strongly contradicts maqashid syari'ah. From the aspect of Hifz al-Din (protection of religion), haram (unlawful) sustenance will damage the family's spiritual foundation, act as a barrier to the acceptance of prayers, and erode reliance on Allah. From the aspect of Hifzh an-Nasl (protection of lineage), providing for the family using the proceeds of exploitation will damage psychological resilience, create a role model crisis for children, and theologically nourish the body's cells from prohibited sources.
Isqāṭ Wājib Al-Dawlah As A Demarcation Criterion For The Use Of Zakat Funds For State Programs In Indonesia Muh Rizki; Khoirul Anam; Alwinsyah
Hukum Islam Vol 26 No 2 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hkq7ay80

Abstract

This study develops the concept of isqāṭ wājib al-dawlah, the discharge of the state's obligation, from an incidental argument into a doctrinal test for assessing when the transfer of a state fiscal burden onto zakat funds is invalid under Islamic law and when zakat involvement remains legitimate. The research employs a normative and doctrinal legal method combined with policy discourse analysis, deriving the boundary between the state's obligation (wājib al-dawlah) and the entitlement of the eight categories of recipients (ḥaqq al-asnāf) from the classical theory of the treasury (bayt al-māl) and the ruler's position as trustee. From this boundary it formulates a cumulative criterion of four conditions, namely obligational locus, entitlement, ownership transfer, and designational conformity, and tests it against four Indonesian cases: the Free Nutritious Meals Program (Makan Bergizi Gratis/MBG), clean water and sanitation provision, educational scholarships, and public infrastructure financing. The findings show that the debate over zakat in state programs cannot be resolved through recipient eligibility or the magnitude of benefit alone, but requires a third structural axis of fiscal designation. Applying the criterion produces a graded pattern in which two cases are invalid, one conditional, and one valid, demonstrating that the criterion discriminates among schemes rather than prohibiting them categorically. The study concludes that Indonesia's recurring proposals to enlist zakat as a budgetary substitute reflect a systematic conflation of two shar'ī distinct fiscal domains, and it offers zakat authorities and policymakers a transferable instrument that reframes zakat governance around fiscal designation rather than recipient eligibility.
Women’s Use of Social Media Durring the Iddah Period Following Divorce: A Perspektive Based Of Goffman’s Dramaturgy and Wahbah Zuhaili’s Fiqh Nur vita Ristiana; Naela Rosita; Azka Syifaul Maula; Syifa Hanifah; Naufal Faiq Mubarak
Hukum Islam Vol 26 No 2 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/vwq0z253

Abstract

The ease of using social media has transformed the patterns of self-expression among its users, including women undergoing the ‘iddah period following divorce. This study aims to analyse women’s social media practices during the ‘iddah period based on Erving Goffman’s dramaturgical theory, and to examine the legal implications from the perspective of Wahbah al-Zuhaili’s contemporary fiqh. This study employs a qualitative approach with a case study focus. Data were collected through in-depth interviews with three female informants currently undergoing the ‘iddah period, as well as through observation of their social media activities. Data analysis was conducted using thematic analysis with a socio-legal approach. The findings indicate that social media reveals a ‘front stage’ characterised by self-representation through social media posts that provoke negative comments, whilst the ‘back stage’ reveals unseen emotional dimensions, such as posting content driven by a need for public validation or validation from a former husband. This confirms that social media can also function as a space for identity construction that is inseparable from psychological dynamics. From the perspective of Wahbah al-Zuhaili’s fiqh, based on maqashid al-sharia, some of these digital behaviours are inconsistent with the principles of safeguarding honour, religion and social stability during the ‘iddah period. This study concludes that women’s social media practices during the ‘iddah period are influenced by social and emotional factors, as well as developments in digital technology.
Reconstructing Maṣlaḥah through Participatory Governance: Indigenous Peoples’ Rights and Development Legitimacy in Siyāsah Shar‘iyyah Achmad Anthasach Al Ghazali
Hukum Islam Vol 26 No 1 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/5etyzj83

Abstract

The PAPEDA Summit 2026 presents Indigenous Peoples as important actors in shaping sustainable development in the Land of Papua, yet the inclusion of Indigenous Peoples in development discourse does not necessarily guarantee meaningful participation in determining development priorities. This study examines how the PAPEDA Summit 2026 constructs the position and participation of Papuan Indigenous Peoples and how maṣlaḥah in siyāsah shar‘iyyah can be reconstructed to strengthen the legitimacy of development governance affecting Indigenous Peoples. This study employs a qualitative normative-empirical approach by integrating constitutional and legal analysis concerning Indigenous Peoples and development governance with the Islamic concepts of maṣlaḥah, shūrā, justice, and protection from harm, alongside documentary analysis of the PAPEDA Summit 2026 and related contemporary contestation. The findings reveal a gap between formal recognition and substantive participation: although the Summit emphasizes Indigenous leadership, sustainability, territorial protection, and collaboration, Indigenous participation cannot be considered meaningful unless it provides actual influence over development priorities and their consequences. The study therefore proposes the Participatory Maṣlaḥah Framework, consisting of four interconnected dimensions: recognition, meaningful participation, distributive justice, and protection from harm. It further develops the Impact–Participation Principle, which requires stronger participation, justification, protection, and remedy as the potential impact of development decisions on Indigenous rights increases. The study contributes conceptually by repositioning maṣlaḥah from a predominantly state-centered justification of public policy toward a participatory normative principle for evaluating and limiting development authority.
Hifz Nasl Dialectics and Economic Welfare Over ChildFree Life Choices for Millennial and Gen Z Couples Mohamad Khafid Maulana; Abdul Khobir; Taufiqur Rohman
Hukum Islam Vol 26 No 2 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/d6wz9738

Abstract

The childfree phenomenon among urban Millennials and Gen Z in Indonesia keeps rising along with global economic vulnerability. This empirical-philosophical legal research using descriptive-qualitative-analytical methods aims to analyze the dialectics of childfree life choices due to economic factors from the Maqashid Shariah perspective. Empirical data were gathered through digital questionnaires from 80 productive-age Muslim respondents in Central Java. The results show 75% of respondents earn under Rp5 million monthly, whereas the decent living standard in the region reaches Rp5.68 million monthly. This condition triggers a real clash of benefits. From contemporary Maqashid Shariah perspective, preserving lineage (hifz al-nasl) concerns not only quantity but fulfilling children's quality of life. Forcing births amidst poverty risks destroying other dharuriyyat aspects, like parents' mental health, stunting, and debt traps. According to Islamic legal maxim on preventing harm, choosing to delay children or childfree in this context is considered a rational socio-economic defense response rather than theological defiance.
Dating As A Resource For Family Resilience: An Analysis Of Maslahah Al-Mursalah Among Young Muslim Couples Jannatan Kurniadi Sahbana; Inna Fauziatal Ngazizah
Hukum Islam Vol 26 No 1 (2026): Islamic Law
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/pdb1dy60

Abstract

Premarital dating raises a tension between social reality as a space for getting to know a prospective spouse and the normative boundaries of Islamic law. This study aims to analyze dating as relational capital for family resilience, compare it with couples without dating experience, and examine it from the perspective of maslahah al-mursalah. This qualitative study involved thirteen informants, comprising nine who married after dating and four who married without dating. Data were collected through interviews, non-participant observation, and documentation, and analyzed using Froma Walsh’s family resilience theory and Wahbah al-Zuhaili’s concept of maslahah al-mursalah. The findings show that dating can facilitate the development of relational capital through character recognition, shared vision, household planning, and communication. Couples without dating experience also developed relational capital through different processes. The difference lies in the timing and mechanisms of its development rather than in the superiority of either form of premarital relationship. The constructive functions of premarital relationships may be considered maslahah when their benefits are real and do not contradict Islamic law. These findings may inform the development of premarital guidance that emphasizes communication, role readiness, and an understanding of Islamic legal boundaries.

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