الألعاب الإلکترونیة وأحکامها فی الفقه الإسلامی

In the contemporary era, the formulation of public policy faces multifaceted challenges, ranging from socioeconomic inequalities to cultural diversity and environmental sustainability. This paper explores the potential of Islamic legal studies as a framework for devising public policies that address these challenges while aligning with Islamic principles and values. By integrating insights from Islamic jurisprudence, ethics, and governance, this study elucidates how Islamic legal principles can inform the formulation and implementation of public policies that promote justice, equity, and welfare for all segments of society. Through a comprehensive review of relevant literature and case studies, this research examines the role of Islamic legal studies in shaping public policy across various domains, including economics, social welfare, environmental conservation, and governance. It analyzes the compatibility of Islamic legal principles with contemporary policy issues, highlighting areas of convergence and divergence with conventional policy approaches. Furthermore, this paper investigates the mechanisms for incorporating Islamic legal perspectives into the policymaking process, considering the roles of policymakers, scholars, civil society actors, and international institutions. The findings of this study contribute to the discourse on the role of Islamic legal studies in contemporary governance and policy development, offering insights into how Islamic principles can enrich and complement existing policy frameworks. By emphasizing principles of justice, compassion, and stewardship, policies informed by Islamic legal studies have the potential to

This study aims to identify mawah practices in Acehnese society and analyze their legitimacy based on the Ulama Consultative Council’s fatwas and Islamic jurisprudence. This research employs a field research design with a normative approach, focusing on four districts in Pidie Regency. Data were collected through observations and interviews with landowners and cultivators and analyzed using the Miles and Huberman model. The analysis is grounded in relevant Islamic jurisprudential principles, such as qiyas (muzara’ah to mudharabah) and the rule of al-ashlu fi al-muamalat al-ibahah hatta yadulla ad-dalilu ala khilafihi. The findings show that mawah umong (rice fields) is a collaborative contract between landowners (malik) and cultivators, where profit-sharing agreements are based on the harvest yield, the land’s condition, and its location. Mawah umong is categorized into five types: mawah pajoh asoe, mawah bulueng dua, mawah bulueng lhee, mawah bulueng peut, and mawah bulueng limeng. The study confirms that most mawah practices fulfill the requirements of Shariah contracts and align with Islamic jurisprudence. Academically, this research contributes by validating mawah practices as legitimate cooperative mechanisms rooted in traditional Acehnese customs while providing a framework for their evaluation based on Islamic principles. Keywords : Mawah Practices, Ulama Consultative Council’s Fatwa, Pidie Regency

This study aims to analyze the application of fiqh principles in the “Panai” tradition within Bugis marriage customs. Panai refers to a monetary payment that a male suitor is required to provide to the bride's family to cover wedding expenses. In the Bugis tradition, Panai is considered an essential component of the dowry, functioning almost as a precondition. Without Panai, marriages within this culture are unlikely to proceed. Over time, the meaning and significance of Panai have evolved, influenced by various social factors. It now serves as a measure of a woman's family’s social status, with its value increasing for women deemed beautiful, educated, or employed in prestigious professions such as civil service. The Bugis community upholds the culture of "siri," symbolizing dignity and honor, which makes marriage a sacred institution that reflects the family’s standing. Failure to meet Panai obligations can result in a loss of siri, making the provision of Panai a sacred duty for prospective grooms. While Islam teaches that the ideal dowry is one that minimizes difficulty, the practice of Panai raises questions about its compatibility with Islamic jurisprudence, which emphasizes facilitation and fairness. This study examines the Panai tradition through the lens of two fiqh principles: al-adah muhakkamah ("custom is authoritative") and ad-Darar Yuzal ("harm shall be removed "). Employing a qualitative methodology through desk research of relevant books and articles, this study explores the intersection of local traditions and Islamic jurisprudence. The findings aim to provide deeper insights into the conflict and reconciliation between cultural practices and Islamic legal principles in the context of Bugis marriage. Ultimately, this research contributes significantly to understanding the dynamics of marriage in Makassar Bugis culture and its broader implications for the application of Islamic jurisprudence in daily life.

This article explores the relationship between traditional beliefs, socio-economic development, and religion in four emerging economies: Benin, Indonesia, Tanzania, and Togo. The study addresses gaps in existing literature, which has not conclusively determined whether and to what extent socio-economic development reduces the prevalence of traditional beliefs. Additionally, the interplay between religion and traditional beliefs remains debated, with some studies suggesting coexistence while others highlight inherent conflicts. The findings reveal that the impact of socio-economic development on traditional beliefs varies significantly across different types of beliefs. From an Islamic law perspective, practices such as witchcraft and superstition are condemned as shirk (polytheism) for diverting reliance away from Allah. Islamic jurisprudence (fiqh) and principles like maqasid al-shariah (objectives of Sharia) provide frameworks to counter these practices by promoting rationality, education, and monotheism. In Indonesia, for instance, Islamic principles have allowed traditional healing practices to coexist with modernity within an ethical framework aligned with Sharia. Conversely, in regions with smaller Muslim populations, such as Benin and Togo, traditional beliefs remain widespread and are often intertwined with animism and other non-Islamic faiths. The study also finds that religious demography significantly influences the persistence of some traditional beliefs but not others. Finally, it highlights a strong correlation between the popularity of traditional beliefs and the prominence of traditional religions within societies.

The promotion of a luxurious lifestyle and extravagance in the media and other digital platforms is an issue that, particularly from the perspective of Islamic jurisprudence, requires thorough and in-depth examination. With their extensive persuasive power, media outlets can effectively introduce new standards for success and happiness, which may lead to the encouragement of consumerist and ostentatious behaviors. From a jurisprudential standpoint, such advertising is in conflict with the principles of contentment (qanāʿah), moderation (iʿtidāl), and asceticism (zuhd). The objective of this study is to examine the promotion of a luxurious lifestyle and extravagance in the media and other platforms within the framework of primary (fiqh al-awwalī) and secondary (fiqh al-thānawī) jurisprudential rulings. The nature of this research seeks to understand how media and digital platforms influence the promotion of luxurious and consumerist lifestyles and to assess these influences within the framework of Islamic jurisprudential principles. The findings of this study indicate that analyzing the promotion of a luxurious lifestyle and extravagance in the media from a jurisprudential perspective involves examining the effects of this phenomenon on Islamic principles. Through their influential capacity, media outlets can introduce new consumption patterns that may contradict the principles of contentment, moderation, and asceticism. The promotion of a luxurious lifestyle can lead to increased demand for excessive consumption, the creation of economic inequalities, and social pressure—issues that conflict with social justice in Islamic jurisprudence. To counter these negative effects, media outlets should align their content with Islamic principles and promote the values of contentment and responsible consumption to help preserve cultural and social balance.

This article provides an in-depth overview of the relationship between philosophy and sources of business law in establishing ethical and fair business practices, with an emphasis on Islamic principles. Using a normative approach through library research, the article highlights various elements that form the foundation of business law, including legal theories, regulations, and existing legal practices, while also incorporating Islamic perspectives on justice, fairness, and ethics in business. Additionally, it explains how sources of law such as written law (statutes), customary law, jurisprudence, doctrines, and Islamic legal principles (fiqh) play a crucial role in creating a strong legal framework.Keywords: Business Law, Islamic Law, Islamic Business Ethics, Business and Law, Fiqh (Islamic Jurisprudence)

This study aims to explore the historical development and contemporary challenges of Islamic legal institutions in the Philippines, with a particular focus on the intellectual contributions of Philippine Muslim scholars. It highlights the Luwaran of Maguindanao and the Diwan Tausūg as foundational legal frameworks that demonstrate the adaptability of Islamic law within the Philippine socio-cultural context. Central to understanding the Islamic legal system in the Philippines is the codification of Muslim Personal Laws, which marked a significant milestone in integrating Islamic jurisprudence into the national legal framework. However, the limitations of the Code, including its narrow scope and partial alignment with Islamic principles, underscore the complexities of implementing a comprehensive Islamic legal system in a non-Islamic state. Further, the article assesses the recognition of al-Sharī‘ah Courts and the legal provisions established under the Organic Act for the Autonomous Region in Muslim Mindanao, emphasizing the importance of cultural pluralism and legal inclusivity in addressing the aspirations of the Muslim minority. The study employs a historical-analytical approach which endeavours to review the primary sources and the codified Muslim Personal Laws, as well as secondary sources like scholarly works on Philippine Islamic history and jurisprudence. Critical analysis of the Muslim Personal Laws and the Organic Act for the Autonomous Region in Muslim Mindanao (ARMM), will help trace the evolution of Islamic legal frameworks and identify their socio-cultural relevance. The study recommends the significance of legal integration or a comparative legal approach as a crucial instrument for identifying areas of harmony and divergence between Islamic jurisprudence and national law.

This research aims to study the concept of legitimate defense and its legal framework in both Islamic criminal jurisprudence and Emirati legislation. Through a comparative analysis, it highlights the points of agreement and difference between the two systems and reveals the legal and religious foundations upon which this right rests as a justification for action. The study employs a descriptive-analytical approach, examining religious texts from the Holy Quran and the Sunnah (Prophetic traditions), analyzing the opinions of scholars from the four major schools of Islamic jurisprudence, and studying relevant legal texts in the UAE Federal Penal Code and Emirati judicial rulings. The research addresses the conditions for legitimate defense, its limits, and its impact on criminal and civil liability, while distinguishing it from similar legal systems such as the state of necessity. The study concluded that self-defense is an inherent right established in Islamic law, and in some cases, it even rises to the level of an obligation, particularly in cases of attacks on life and honor. The UAE legislator, however, has regulated it as a justification for self-defense, precisely defining its conditions and regulations. The findings also revealed a significant convergence between Islamic jurisprudence and UAE law regarding the essence of self-defense, especially concerning the conditions of necessity and proportionality, although some differences remain in the scope of its application and legal characterization. The study concluded with a set of recommendations emphasizing the importance of strengthening legal and jurisprudential awareness of the limits of self-defense and the necessity of developing legislative texts to achieve greater clarity and consistency with Islamic principles.

This article adopts a maqāṣid al-sharīʻah approach to dealing with Bitcoin transactions. The Islamic law’s position on Bitcoin transactions is not explicitly clear. Unsurprisingly, Islamic law provides no rulings specific to Bitcoin transactions, as Bitcoin never existed at the time of Prophet (PBUH). Such disparity has created controversy among contemporary Islamic jurists on the permissibility of such transactions. While many Islamic jurists argue for the impermissibility of Bitcoin and any associated transaction involving Bitcoin, few Islamic scholars counter-argue the permissibility of Bitcoin if it is so engineered to fully adhere to Islamic values and principles. The article adopts a legal research (doctrinal) methodology in conformity with its agenda which is to review the Islamic rulings on the impermissibility of bitcoin transactions. This article suggests that the existing disparity is eliminated with a maqāṣid al-sharīʻah approach that takes a broader view of the philosophy and values of Islam linking the explicit rulings of Islamic law and jurisprudence to their implicit objectives. The research findings suggest that bitcoin and any transactions involving bitcoin fail to comply not only the jurisprudential requirements of permissibility but also the implicit objectives of sharīʻah, notably the “preservation of wealth” (ḥifẓ al-māl). This study emphasises that the objectives of sharīʻah must be followed in managing Bitcoin-related entities by formulating corporate objectives and Bitcoin policies complying with maqāṣid al-sharīʻah. Furthermore, these formulated objectives must be incorporated to indicate whether the Bitcoin entity upholds Islamic principles.

Often in commentaries on the Aceh Code, researchers relate it to the status of existing applicable laws and regulations as well as the principles of Human Rights (HAM). As a result, the Aceh Code has been criticized as not being in line with the law; it is even seen as radical, extreme, and contrary to human rights values. However, it is a law built based on Islamic principles. In order to counter this perception of the Aceh Code, this study analyzes the relationship between the Aceh Code and the practice of takzir punishment by 'Umar bin al-Khattab. The researcher used a qualitative method with a documentary research design to collect data from primary documents, namely the Acehnese Qanun and various legal jurisprudence reference books that contain the practice of 'Umar's takzir. Next, an analysis was made to compare the Aceh Code with the practice of takzir punishment by 'Umar bin al-Khattab. The results of the document analysis found that there are similarities between the Aceh Code and 'Umar's takzir practice in the execution of punishments, including flogging, imprisonment, and fines. The Acehnese Qanun even implements these punishments by adapting them to the conditions, culture, and local traditions of the Acehnese community. In conclusion, this study highlights the Aceh Code’s strong foundation in Islamic jurisprudence by drawing parallels between its punishments and the takzir practices of 'Umar bin al-Khattab. Contrary to common criticisms, the Aceh Code is not inherently radical or extreme but reflects a careful adaptation of Islamic legal principles to the cultural and societal context of Aceh. By demonstrating the Code's alignment with both traditional Islamic law and local practices, this research provides a deeper understanding of how Shariah-based laws can be integrated within contemporary legal frameworks while maintaining respect for cultural diversity. Abstrak Seringkali dalam ulasan mengenai Qanun Aceh, para penyelidik mengaitkannya dengan status undang-undang dan peraturan terpakai sedia ada serta prinsip-prinsip Hak Asasi Manusia (HAM). Akibatnya, Qanun Aceh telah dikritik sebagai tidak selaras dengan undang-undang tersebut, bahkan ia dilihat sebagai radikal, ekstrim, dan bertentangan dengan nilai-nilai HAM, sedangkan ia adalah undang-undang yang dibina berdasarkan prinsip Islam. Bagi menangkis persepsi ini terhadap Qanun Aceh, kajian ini menganalisis hubungan Qanun Aceh dengan amalan hukuman takzir ‘Umar bin al-Khattab. Pengkaji menggunakan metode kualitatif dengan reka bentuk kajian dokumentar untuk mengumpulkan data daripada dokumen primer, iaitu Qanun Aceh dan pelbagai buku rujukan fiqh undang-undang yang mengandungi amalan takzir ‘Umar. Seterusnya analisis dibuat bagi membandingkan Qanun Aceh dengan praktik hukuman takzir ‘Umar bin al-Khattab. Hasil analisis dokumen mendapati bahawa wujud persamaan antara Qanun Aceh dengan praktik takzir Umar dalam pelaksanaan hukuman merangkumi hukuman sebatan, penjara dan denda. Bahkan Qanun Aceh melaksanakan hukuman-hukuman ini dengan turut menyesuaikannya dengan kondisi, budaya, dan tradisi setempat masyarakat Aceh. Sebagai kesimpulan, kajian ini menekankan asas kukuh Qanun Aceh dalam jurisprudens Islam dengan menunjukkan persamaan antara hukuman-hukumannya dan amalan takzir yang telah dilaksanakan oleh 'Umar bin al-Khattab. Qanun Aceh bukanlah radikal atau ekstrem namun mencerminkan adaptasi dan penyesuaian prinsip undang-undang Islam kepada konteks budaya dan masyarakat Aceh. Kajian ini memberikan pemahaman yang lebih mendalam tentang bagaimana undang-undang berasaskan Syariah dapat diintegrasikan dalam rangka perundangan moden sambil kekal menghormati kepelbagaian budaya.

Pidoli Dolok Village in Panyabungan Subdistrict, Mandailing Natal, is predominantly an agricultural area where most residents depend on farming as their main source of income. The village benefits from major water sources, including the Aek Pohon River and irrigation from the Batang Gadis River, which support its agricultural activities. Within this context, the practice of mukhabarah—a form of agricultural partnership—has emerged, with a commonly agreed profit-sharing ratio of one-third for the landowner and two-thirds for the cultivator. This study aims to examine the implementation of zakat in such mukhabarah partnerships and to evaluate its conformity with Islamic legal principles. Employing a descriptive qualitative approach, this field research gathers primary data through observations and interviews with farmers, landowners, religious leaders, and other stakeholders, while secondary data are obtained from classical Islamic texts and relevant literature. The findings reveal that while the contractual elements of mukhabarah align with Islamic jurisprudence, the practice of zakat within these agreements does not fully meet the requirements of Islamic law regarding nishab. Therefore, there is a need for increased education and awareness to ensure zakat practices in agricultural partnerships are in accordance with Islamic principles.

Halal prevails a holistic area that covers many aspects, including food, beverages, pharmaceutical and others. Islamic jurisprudence in the sustainability of environment is also falls under the rubric of halal and haram. Nature is a precious blessing bestowed by Allah Almighty for the benefit of humankind. Humans are as caliphs of God are accountable to govern and appropriately manage this world. Nevertheless, as a result of human greed in exploiting natural resources, the environment today is jeopardized with degradation and devastation. This situation urges the comprehensive implementation of sustainable development as the best solution for current and future generations. Sustainable development is not a new concept in Islam, but has existed for the past several centuries as described in the Quran and the As-Sunnah. It was also expended by fuqaha’ through their fatwa, judgment, and writing. However, there was limited studies focused on the sustainability from Islamic perspective, in general and based on the classical text of Islamic jurisprudence, in particular. Therefore, the objective of this paper is to identify the application of Islamic principles in sustainable environmental management, according to Kitab Al-Jidar. The elements examined encompass water and wastewater management, waste, sewage, and air quality. This study employs qualitative methods. An in-depth reading is accomplished on Kitab Al- Jidar as the primary resource. The first step is the translation phase of the text, followed by the content analysis method to extract the Islamic principles outlined in the book and glimpse its application for adaptation in the current context. The study found that there are four (4) fundamental principles of sustainable environmental management applied in Kitab Al- Jidar. It covers; a) La Dharar Wa La Dhirar b) Recognizing and respecting the rights of others, 3) Social responsibility, and 4) Objection. The paper concludes that holistic, efficient, and complex sustainable development solutions can be comprehended by fully embracing and adhering to the Islamic principles. It is hoped that this paper will cultivate awareness and a positive impact on the community towards nourishing a sustainable environment according to the Islamic parameters in Malaysia.

The role of Alas customs in Southeast Aceh's youth development is exemplified through the tradition of "mepahukh." This practice facilitates social connections and aids young individuals in finding suitable life partners. The Pemamanen tradition, deeply rooted in Aceh Tenggara and integral to the Alas ethnic group, holds historical and functional significance. Pemamanen is a crucial aspect of the Alas or Khang Alas tradition in Aceh Tenggara, reflecting its enduring presence in Alas society. The Islamic perspective on Pemamanen in Kutacane, Southeast Aceh, emphasizes Muslims' obligation to follow Prophet Muhammad's teachings and avoid practices conflicting with Islamic principles. Within Islamic jurisprudence, customary traditions, including life events like Pemamanen, require scrutiny to align with Islamic principles. Mepahukh, a tradition for young people, serves as an example, emphasizing the need for Islamic compatibility in customary practices.

Book Reviews

The Regulation on changing the age limit for presidential and vice presidential candidates by the Constitutional Court (MK) No. 90/PUU-XVIII/2023 has drawn pros and cons, with some people supporting and some rejecting it because it is considered to have the potential to worsen political dynamics, especially regarding the practice of political dynasties. Based on this reality, this study aims to assess whether the Constitutional Court's decision is in line with the Islamic jurisprudence view and to explain the Islamic jurisprudence view regarding the potential for strengthening political dynasties that may arise as a result of this policy. This study uses a literature review approach. The main sources used are the Qur'an, Hadith, the at-turās pole, and the Constitutional Court's Decision No. 90/PUU-XXI/2023. The analysis was carried out qualitatively, with a comparative approach to compare the Islamic jurisprudence perspective on age as a leadership criterion with provisions in positive law. The results of this study show that from a fiqh perspective, the change in the age limit for presidential and vice presidential candidates in the Constitutional Court's decision is in line with Islamic principles in terms of implementing policies that are beneficial. However, even though the Constitutional Court's decision is legally valid, Islamic jurisprudence does not justify the existence of external factors behind the decision, especially those related to conflicts of interest that have the potential to strengthen the practices of political dynasties. The practice of political dynasties is contrary to the Islamic jurisprudence view, which prioritizes governance and is not centered on a handful of groups. Therefore, the government must ensure the existence of regulations that can prevent the dominance of political dynasties and guarantee the election of quality leaders.