cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Asy-Syariáh
Contact Email
Jurnalasy-syariah@uinsgd.ac.id
Phone
-
Journal Mail Official
ine.fauzia@uinsgd.ac.id
Editorial Address
-
Location
Kota bandung,
Jawa barat
INDONESIA
Jurnal Asy-Syari'ah
Published by Universitas Islam Negeri Sunan Gunung Djati Bandung
ISSN : 20869029     EISSN : 26545675     DOI : -
Core Subject : Humanities, Education, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Other
Memfokuskan diri pada publikasi berbagai hasil penelitian, telaah literatur, dan karya ilmiah lainnya yang cakupannya meliputi bidang ilmu syariah, hukum dan kemasyarakatan secara monodisipliner, interdisipliner, dan multidisipliner.
Arjuna Subject : -
Articles 259 Documents
 21   22   23   24   25 
MARITAL RAPE SEBAGAI SUATU KEKERASAN DALAM RUMAH TANGGA DALAM PRESPEKTIF HUKUM ISLAM DAN POSITIF INDONESIA Anggraeniko, Litya Surisdani; Kania, Dede; Saepullah, Usep
Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v24i1.18453

Abstract

Abstract: The practice of marital rape or known as marital rape is a discussion that is often considered a contradictio in terminis which is interpreted as a combination of contradictory words, because currently rape is limited outside marriage. Rape in marriage is a form of inequality in gender justice, the assumption is that men/husbands have an autonomous right to force their wives to have sex, while women/wives are legitimized by construction to devote themselves to accepting whatever is done in marriage. This should not be in line with what has been regulated in the Marriage Law, which basically states that the purpose of marriage is to form a happy and eternal family (household) based on the One Godhead. Marital rape can be defined as coercion of sexual activity by one party without regard to the other party. The purpose of this study is to explain the basis for regulating marital rape in positive law in Indonesia and Islamic law. The research method used is juridical-normative, namely research by analyzing the provisions of laws and regulations relating to marital rape by connecting the basic arrangements in Islamic law. The results of this study indicate that domestic rape or known as marital rape is part of sexual violence in the household as regulated in the PKDRT Law. Meanwhile, in Islam the essence of marriage is interpreted as mistaqan ghalidzan or a sacred and strong bond, then the practice of forced sexual intercourse is considered an inequality of rights and obligations of sexual relations in marriage. Islam teaches the principle of mu'asyarah bil ma'ruf, namely a good and voluntary relationship. in having sexual relations by not monopolizing sexuality in the name of religion because it is clearly against the Shari'a.
KONFIGURASI POLITIK LEGISLASI JAMINAN PRODUK HALAL PERSPEKTIF FIQH SIYASAH Widyawati, Widyawati
Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v24i1.18724

Abstract

Act Number 33/2024 on Halal Product Guarantee was already issued by the Indonesian government in 2014. The main objective of this act is to ensure comfort, security, safety, and certainty of halal product availability for society in consuming and using products. However, the issues and debates around this bill have drawn severe attention from different parties, especially during deliberation as represented in political configuration. As it was known, political configuration constitutes legal drafting and its implementation as represented in the character and orientation of legal development. This paper concludes that political configuration in the legislation of halal product guarantee is democratic because it was conducted openly and gives room for public participation as well as legislative and executive bodies according to their function proportionally. This political configuration is in line with such principles found in fiqh siyasah as consultation (musyawarah), freedom (hurriyyah) and equality (musawah). This conclusion was drawn using primary and secondary data through the content analysis method. Primary data include official documents related to the bill and act of halal product guarantee, while secondary data refer to articles and books on halal product guarantee.
KAJIAN HISTORIS MAQASHID SYARIAH SEBAGAI TEORI HUKUM ISLAM Farikhin, Ahmad; Ridwan, Ahmad Hasan; Mulyasari, Heni
Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v24i2.19332

Abstract

The term maqashid was first proposed by al-Hakim al-Tirmidzy in the third century Hijiriyah, but has been conceptually invented and used since prophetic times with different terms. This study aims to find historical traces of maqashid sharia from original sources from time to time as sources of Islamic law after the Quran, Hadith, Ijma and Qiyas, which are discussed by contemporary scholars as solutions and breakthroughs in answering the legal vacuum caused by rapid changes. This research uses the istiqrai tahlili bayani method which focuses on tracing the traces of maqashid in Islamic scientific treasures. This research concludes that: First, maqashid sharia as a theory of Islamic law as it is known today by al-Juwaeny and elaborated by his disciple named al-Ghazaly later became a comprehensive scientific discipline by al-Syathiby in the eighth century Hijri; Secondly, the discussion of maqashid in this century has developed further with the addition of al-dharuriyat points according to the essential needs of contemporary Muslims such as guarding the people and the state not only sufficiently guarding al-dharuriyat but needing the development of al-dharuruyat points in order to support the progress of Muslims in various spheres of life; Third, maqashid sharia is the result of ijtihad that can change and develop according to the demands of progress as a solution that Islam can offer to the challenges of the times as initiated by Auda.
THE CONCEPT OF WASAṬIYYAH IN FIQH MUHAMMADIYAH PERSPECTIVE Fitra, Tasnim Rahman; Putra, Devrian Ali; Desmanto, Sukma Nada
Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v24i2.19727

Abstract

This study discusses the concept of wasaṭiyyah Muhammadiyah's perspective onfiqh problem development, especially in Indonesia. It is related to the internal conflicts of Muslims in various aspects of life, including Islamic law or fiqh. These disputes are caused by the friction between the two opposing ideologies in methodology and approach, sometimes caused by an intervention born through contradiction between liberals who want to free themselves from the shackles of textual understanding from the conservative group. In this case, Muhammadiyah occurs to introduce itself as an organization that seeks to offer concrete solutions through its wasaṭiyyah understanding. This study aims to reveal the concept of wasaṭiyyah in Muhammadiyah fiqh, which is related to the expression of the wasaṭiyyahidea in the fiqh produced by Muhammadiyah. This study uses a literature research method that focuses on wasaṭiyyah concepts as seen from the understanding of Muhammadiyah fiqh through decisions, congress results or the other fiqh products officially issued by Muhammadiyah. This study concludes that the concept of fiqh wasaṭiyyah Muhammadiyah tries to understand and place text and context proportionally toraise non-radical characteristics and also non-liberal. Furthermore, Muhammadiyah upholds the principle of tawāsuṭwhich is combined with the codes of tawāzunand ta'ādulthrough an “Islam Berkemajuan" or the progressive Islam orientation
ENDOGAMY IN ISLAMIC BOARDING SCHOOL CARETAKER FAMILY: A MASLAHAH POINT OF VIEW Abdillah, Kudrat; Fathimiyah, Silmah
Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v24i2.20860

Abstract

Kyai and their family, as boarding school caretakers, become the leading role models in religious practice, including marriage. In Sumenep, Madura, some of these families practice endogamous marriage. This makes the assumption in society that the tradition of endogamous marriage continues to be preserved. This study aims to describe the endogamous marriage tradition in Boarding Schools in Sumenep from the perspective of al-Tufi’s Maslahah Theory. The researcher uses empirical legal research and case studies as his approach. The results show that the existing tradition of endogamous marriage is carried out by arranged marriage and is intended to safeguard assets, maintain lineage (nasab), and sustain the boarding school. According to al-Tufi’s Maslahah theory, the tradition has a beneficial value, although no al-Quran verses or hadith command endogamous marriage. The benefit is manifested in the goal for the continuity and development of education in the Islamic boarding school institution owned by the parents. However, there are negative impacts that need to be considered, such as hostility between families caused by unsuccessful matchmaking and the potential for abnormal or disabled children.
BUILDING ASNAF ENTREPRENEURSHIP IN INDONESIA: A PROPOSED PROGRAM FOR AMIL ZAKAT INSTITUTIONS Friantoro, Dian; Jatnika, Muhammad Dzulfaqori; Andani, Listia; Mutmainah, Lu'liyatul; Rahmat, Biki Zulfikri
Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v24i2.23067

Abstract

Currently, the distribution of zakat is usually carried out consumptively to meet the basic needs of mustahiq (zakat recipient). Consumptive zakat provides a short-term effect and a dependency effect for asnaf (mustahiq). Therefore, zakat institutions can begin to develop sustainable productive zakat schemes for the welfare of mustahiq. The aim of the research is to design a program and implementation model of the Asnaf Entrepreneurship Program (AEP) in Indonesia. This research uses a qualitative approach with descriptive analytical methods through literature studies. The AEP program is aimed for asnaf who meet the criteria of the needy and the poor and are physically and mentally able to run a business. Furthermore, the asnaf are given business assistance by zakat institutions. Assistance can be in the form of a capital loan with a qardh contract. Then, business assistance can be in the form of consulting, training, monitoring to achieve a profitable and sustainable business. AEP is implemented using the concept of collaborative management. Several zakat institutions may build an AEP compartment to support the implementation of AEP. Mustahiq also can create a community based on the type of business or place of residence. AEP has challenges in its implementation, but has great opportunities, not only to benefit asnaf but also to have a multiplier effect on the Indonesian economy
Dampak Penetapan Izin Praktek Tambang Emas Tumpang Pitu Perspektif Fikih Sosial KH. Sahal Mahfudh: The Impact of the Tumpang Pitu Gold Mining Permit from KH. Sahal Mahfudh’s Social Fiqh Perspective Mun'im, Zainul
Asy-Syari'ah Vol. 26 No. 1 (2024): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v26i1.25428

Abstract

Due to its significant impact on the environment, gold mining is often a particular concern. This paper examines the effect of granting gold mining permits on Mount Tumpak Pitu, Banyuwangi Regency, East Java, from the perspective of social fiqh developed by Sahal Mahfudh. Social fiqh prioritizes benefits framed in maqâshid al-syarî'ah, with indicators of hifz al-dîn (existence of religion), al-nafs (salvation of the soul), al-'aql (health of the mind), al-mâl (safety of property), al-nasl (safety of honor) and al-bî'ah (environmental sustainability). This research used the normative juridical approach and qualitatively analyzed data collected through literature and field studies. The research results show that granting gold mining permits was not accompanied by adequate supervision from the authority. This gives rise to mining practices that are not environmentally friendly and do not fulfill the basic principles of environmental ethics in Sahal Mahfudh’s social fiqh.
Applying Al-Ridha bi al-Syai' Ridha bima Yatawalladu Minhu to Ensure Validity in Islamic Economics Nuraeni, Neni; Najib Abdullah, Muhammad
Asy-Syari'ah Vol. 25 No. 2 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i2.29343

Abstract

The principle al-ridha bi al-Syai' ridha bima yatawalladu minhu, mutual consent to a transaction and its consequences, is pivotal for validating economic exchanges in Islamic finance. This study investigates its role in enhancing accountability, transparency, and ethical integrity within contemporary Islamic economic systems. Using a qualitative descriptive methodology and comprehensive literature review of primary sources (Qur'an, Hadith) and scholarly works, the research analyses how this principle ensures transactional validity by mandating informed consent, risk acceptance, and alignment with maqasid al-shariah (objectives of Islamic law). Key findings reveal that the principle underpins justice in transactions by prohibiting tadlis (deception), requiring full disclosure of risks, and fostering social welfare. Its applications in modern contexts, such as Islamic banking, profit-loss-sharing investments, and fintech (e.g., blockchain, AI), highlight both opportunities and challenges, including regulatory harmonisation and algorithmic transparency. The study concludes that ar-ridha bi-ash-shay'i offers a robust ethical framework adaptable to global economic innovations while upholding core Islamic values. Recommendations include standardised Shariah governance, technology-integrated consent mechanisms, and cross-sector education initiatives.
Law of Usury (RIBA) According to Masyarakat Tanpa Riba (MTR): Perceptions, Attitudes, and Movements Al-Hakim, Sofian; Witro, Doli; Nurjaman, Muhamad Izazi
Asy-Syari'ah Vol. 26 No. 1 (2024): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v26i1.29639

Abstract

After the merger, three banks under State-Owned Enterprises (BUMN), namely BNI Syariah, BRI Syariah, and Bank Syariah Mandiri, became Bank Syariah Indonesia (BSI), opening opportunities for the development of Islamic financial institutions in Indonesia. However, according to the Masyarakat Tanpa Riba (Society Without Riba) (MTR), Islamic banks are not much different from conventional banks (BK). Therefore, the focus of this article is the law of usury in the view of the MTR, which is seen in three aspects, namely, the perception, attitude, and movement of the MTR. This paper aims to determine the law of usury from the view of the MTR. This article uses a qualitative research method, which is field research. Data collection techniques used are observation, interviews, and documents. The data analysis technique in this paper uses data condensation, data presentation, and conclusion. The study results show that the MTR is an anti-usury community. MTR can be categorised as a textualist and rigid group (mutasyadidun). The rigid MTR method often implies that Islamic economic development is static and monolithic. The existence of the MTR will be productive if it is read not as a threat but as an auto-criticism against Sharia financial practices that are not yet perfect, highlighting the potential impact of the MTR's perspective on Islamic financial practices.
Maqashid Al-Syari'ah dalam Regulasi Mediasi Mahkamah Agung: Studi Kasus Penyelesaian Konflik Waris di PA Sumedang: Maqashid Al-Syari'ah in the Supreme Court Mediation Regulation: A Case Study of Inheritance Dispute Resolution Athoillah, Mohamad; Arifin, Tajul
Asy-Syari'ah Vol. 26 No. 1 (2024): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v26i1.33985

Abstract

There has been a lot of research on Maqashid al-Syari'ah, but none of these studies have focused on disclosing the existence of Maqashid al-Syari'ah in the Regulation of mediation in court. This study aims to analyse the strength of Maqashid al-Syari'ah in mediation regulations and their application in the mediation process for inheritance disputes in the Religious Courts. This research applies a descriptive-analytical method; data were collected by observation, in-depth interviews with mediators, documentation and literature study, and then data analysis techniques were used. No previous research has specifically explored the spirit of Maqashid al-Syari'ah in Perma regarding mediation in court. The findings of this study show that Maqashid al-Syari'ah 's spirit in the Perma of Mediation Procedure in Court is powerful. However, the Maqashid al-Syari’ah spirit contained in the Supreme Court Regulation has not been successfully implemented in mediation in Religious Courts. The results of this research imply the necessity for mediators to master the Maqashid al-Syari'ah and its spirit contained in the Perma on Mediation Procedures in Court well and apply it in mediation.

Page 23 of 26 | Total Record : 259

 21   22   23   24   25 

Filter by Year

2014 2025


Reset
Filter By Issues
All Issue Vol. 27 No. 2 (2025): Asy-Syari'ah Vol. 27 No. 1 (2025): Asy-Syari'ah Vol. 26 No. 2 (2024): Asy-Syari'ah Vol 26, No 2 (2024): ASY-SYARI'AH Vol 26, No 1 (2024): Asy-Syari'ah Vol. 26 No. 1 (2024): Asy-Syari'ah Vol. 25 No. 2 (2023): Asy-Syari'ah Vol 25, No 2 (2023): Asy-Syari'ah Vol 25, No 1 (2023): Asy-Syari'ah Vol. 25 No. 1 (2023): Asy-Syari'ah Vol. 24 No. 2 (2022): Asy-Syari'ah Vol 24, No 2 (2022): Asy-Syari'ah Vol 24, No 1 (2022): Asy-Syari'ah Vol. 24 No. 1 (2022): Asy-Syari'ah Vol 23, No 2 (2021): Asy-Syari'ah Vol 23, No 1 (2021): Asy-Syari'ah Vol 22, No 2 (2020): Asy-Syari'ah Vol 22, No 1 (2020): Asy-Syari'ah Vol 21, No 2 (2019): Asy-Syari'ah Vol 21, No 1 (2019): Asy-Syari'ah Vol. 20 No. 2 (2018): Asy-Syariah Vol 20, No 2 (2018): Asy-Syariah Vol. 20 No. 1 (2018): Asy-Syariah Vol 20, No 1 (2018): Asy-Syariah Vol. 19 No. 2 (2017): Asy-Syariah Vol 19, No 2 (2017): Asy-Syariah Vol 19, No 1 (2017): Asy-Syariah Vol. 19 No. 1 (2017): Asy-Syariah Vol 18, No 2 (2016): Jurnal Asy-Syari'ah Vol. 18 No. 2 (2016): Jurnal Asy-Syari'ah Vol 18, No 1 (2016): Jurnal Asy-Syari'ah Vol 17, No 2 (2015): Jurnal Asy-Syari'ah Vol 17, No 1 (2015): Jurnal Asy-Syari'ah Vol 16, No 2 (2014): Jurnal Asy-Syari'ah Vol 16, No 2 (2014): Jurnal Asy-Syari'ah Vol 16, No 1 (2014): Jurnal Asy-Syari'ah More Issue