Principles Of Islamic Law Research Articles

Postponement of Inheritance Distribution for Minangkabau Migrant Inheritors: A Study of Islamic Law

This research aimed to examine the practice of postponing inheritance distribution for Minangkabau migrant inheritors from Islamic law’s perspective and identify the contributing factors. The research employed a mixed-methods approach, combining field research and normative legal analysis. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that postponing inheritance distribution contradicts the principles of Islamic law, which mandates that the division be carried out promptly after the testator’s death using fara’id. This delay is influenced by economic factors, customary practices that grant women a dominant role in inheritance and prioritize the preservation of high-level heirloom treasures, and the distance separating migrant inheritors from their hometowns. Nevertheless, some scholars permit postponement if it is based on considerations of family welfare, while others reject it by referring to the ijbari principle. Therefore, it is recommended that the government, Islamic scholars, Minangkabau indigenous people, and Muslim migrant inheritors enhance their understanding and awareness of Islamic inheritance law and play an active role in preventing and resolving the issue of postponed inheritance distribution, as preventing inheritors from their inheritance rights is unlawful (haram) and a major sin.

Islam, Adat, and State: Examining the Phenomenon of Child Custody After Divorce in Padang Lawas Regency

This research is motivated by the phenomenon of childcare by fathers after divorce in Padang Lawas County. This phenomenon raises the interest of researchers to further examine child custody by fathers after divorce. The research method used is field research with a qualitative approach. Researchers collected primary data through interviews with traditional leaders and fathers caring for their children after divorce. The data obtained was then analyzed using descriptive analysis techniques, which involved collecting data through interviews and documentation and systematic data processing to describe and interpret existing phenomena. The results show that although customs in Padang Lawas County give custody to the father, it is essential to consider the provisions of the compilation of Islamic law and the broader principles of Islamic law. Child custody should focus on the best interests of the child, ensuring their physical, emotional, and mental development. Both parents have equal rights unless there are compelling reasons to the contrary, and they must work together to maintain the child's stability. Children have the right to adequate education and healthcare, as well as to maintain a good relationship with both parents, even if only one has primary custody.

Evolution of the Minangkabau Inheritance System and its Relevance to Gender Justice in Islamic Law

The inheritance system in Minangkabau, known for its matrilineal lineage, offers a unique perspective on property distribution, especially when contrasted with the patrilineal structure of Islamic inheritance law. This research delves into the historical and cultural evolution of the Minangkabau inheritance system, examining how it has adapted over time due to various social, legal, and religious influences. While Minangkabau customary law (adat) traditionally prioritizes female heirs, particularly through maternal lines, Islamic inheritance law advocates a more balanced approach, emphasizing the rights of both male and female heirs based on predetermined shares. The contrast between these two systems raises important questions about gender justice and the equitable distribution of wealth. Through a detailed exploration of Minangkabau customs and Islamic jurisprudence, this study investigates how these systems have coexisted and the efforts made by scholars and legal authorities to reconcile the differences. A significant focus is placed on the role of reformist thinkers within the Minangkabau community, who have sought to align local practices with the broader principles of Islamic inheritance law while preserving cultural identity. The research also examines the practical implications of these reform efforts, particularly in light of the evolving role of women in Minangkabau society and the growing calls for gender equality. The findings offer valuable insights into the potential for developing an inheritance model that respects both cultural traditions and Islamic values of justice, ultimately contributing to a broader discourse on gender equity in inheritance laws across diverse Muslim societies.

The Controversy of Siyahi Marriage: A Maqasid Shariah Perspective and Its Relevance in Indonesia

The phenomenon of Nikah Siyahi, or temporary marriage during travel, has become a controversial topic in Islamic law. This practice is often carried out by Muslim travelers to enjoy sexual relations without violating religious principles. However, scholars have diverse opinions regarding Nikah Siyahi. Some endorse it as an alternative to avoiding zina (fornication), while others reject it for undermining fundamental values of marriage, such as commitment and purity. This study aims to explore Islamic legal perspectives on Nikah Siyahi and analyze the impacts of this practice through the lens of Maqasid Shariah, which are the primary principles of Islamic law intended to protect religion, life, lineage, property, and intellect. The research employs a library research method to gather views from various literatures on Islamic law. Although it may formally meet the requirements of Islamic marriage, Nikah Siyahi fundamentally contradicts the ideal objectives of marriage in Islam. From the perspective of Maqasid Shariah, this practice can have negative repercussions on the dignity of religion, mental health, family stability, and the rights of offspring. In Indonesia, where marriage law is clearly regulated, this practice brings more harm than benefit. Therefore, the enforcement of law and community education regarding the essence of marriage in Islam must be strengthened to protect fundamental values of Shariah

Penerapan Kaidah Fiqh dalam Hukum Media Sosial di Era Globalisasi Ilmu Pengetahuan dan Teknologi

The globalization of science and technology continues, especially on social media. On the one hand, the benefits of various conveniences are also clearly felt to cause harm. The research examines social media laws and the limitations of their use concerning fiqh rules. This research includes normative legal research methods with a conceptual approach in the form of Islamic law principles. The study concludes that the original law of social media is permissible (permissible) and will change to be recommended if it brings benefits and change to be forbidden if it causes damage. However, the potential for harm in social media exists, so there must be limits to its use and regulatory restrictions, especially restrictions that apply widely in society through state policymaking. The research results can be considered when responding to developments in technology and information, especially regarding social media, so that we can use social media more wisely. Keywords: Social Media Law, Fiqh Rules, Era of Globalization of Science and Technology

Panai Tradition in Bugis Makassar Society in Bima: Islamic Law Perspective

This research aims to find out how the panai tradition of Islamic law is reviewed in the marriage traditions of the Bugis tribe of Makassar in Bima. This research uses descriptive qualitative research with a normative sociological approach to field studies. The collection techniques are observation, interviews and documentation. Meanwhile, data analysis processing techniques use reduction, data presentation and conclusions. The results of this research show that first, the Bugis Community in Makassar has two elements that cannot be separated in the marriage process, namely the man not only gives the dowry but also gives panai. If one of the parties commits a violation after the application and cash payment process has been carried out, then one of them will be subject to a fine. Second, judging from Islamic law, marriage is subject to the application of panai as one of the mandatory requirements in traditional marriages of the Bugis tribe which does not violate the pillars and conditions of marriage in Islamic law, because the tradition of giving panai is by the principles of Islamic marriage law because it contains the principle of consent and agreement between the groom and the bride in determining the value of the panai.

Poligami dalam Perspektif Filsafat Hukum Islam

Polygamy, a reality embedded in the teachings of the Koran, teaches that its implementation should not be done carelessly. Not just following lust, health considerations and material capacity, but more than that, polygamy must be accompanied by the intention to seek happiness in this world and the hereafter according to Islamic law. In certain contexts, polygamy can be an effective solution to resolve challenges in family life. However, its implementation must take into account various factors according to the situation and conditions of the individual who wishes to carry it out. Polygamy laws vary according to circumstances, emphasizing the need for fairness at every step. Research regarding Islamic legal philosophy in concrete situations of polygamy needs to be carried out. The results of this research describe the understanding of partners in Wonoasih Village, Wonoasih District, Probolinggo City regarding the principles of justice in polygamous marriages according to Islamic legal philosophy. This is a positive step in strengthening the basis of public understanding of the philosophical principles of Islamic law in the realm of polygamous marriages.

The Legal Position of the Indonesian Ulema Council in Applying the Principles of Islamic Law in Islamic Banking Operations in Indonesia

National economic development through the establishment of Islamic Banks is an implementation of Article 29 of the 1945 Constitution of the Republic of Indonesia. The presence of Islamic Banking in the national economy is a strategic legal policy of the government because its operations are based on the principles of Islamic law, namely principles derived from the Qur'an, Hadith, Ijma', and Qiyas. However, in its application, these principles of Islamic law are manifested in the form of fatwas issued by the National Sharia Council-Indonesian Ulema Council (DSN-MUI) as a source of positive law for Islamic banking. Therefore, this study raises legal issues related to the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking operations in Indonesia. This study aims to analyze and determine the legal position of the Indonesian Ulema Council in the application of sharia principles to Islamic Banking in Indonesia. The research method used is normative research, which provides answers to the problems raised with the perspective of what should be done. The results of the study indicate that the DSN-MUI fatwa has a crucial role as a positive legal basis in the operation of Islamic Banking in Indonesia, although formally it is not a statutory regulation. The implications of this study indicate the importance of recognizing and strengthening the role of the DSN-MUI in the national legal system to ensure compliance of Islamic Banking operations with applicable sharia principles.

Application of The Principle of Justice in Islamic Civil Dispute Resolution in Indonesia

This article discusses the application of the principle of justice in the resolution of Islamic civil disputes in Indonesia by using qualitative methods through literature studies and research in libraries. Justice is one of the important aspects in the resolution of Islamic civil disputes to ensure that individual rights are defended in accordance with the principles of fair and balanced Islamic law. This study explores various sources of literature related to Islamic civil law practice, justice, and dispute resolution in Indonesia. In the context of Islamic civil law, justice refers not only to compliance with formal law, but also to the moral, ethical, and social justice aspects that underlie Islamic teachings. This article reviews the concept of justice in Islam which includes individual rights, protection of the public interest, and dispute resolution mechanisms that prioritize mediation and peace. The results of the study show that the application of the principle of justice in Islamic civil dispute resolution in Indonesia still faces various challenges, such as obstacles in the implementation of the law, a culture of conflict resolution, and limited access to the judicial system. Nevertheless, measures to improve justice in Islamic civil dispute resolution continue to be developed, including through increasing understanding of Islamic law, training for law enforcement officers, and promoting alternative dispute resolution that is deliberative.

Polygamy and Nikah Sirri Culture of Agen Thrifting Families in Teluk Nibung: An Islamic Family Law Perspective

Ideally, Islamic family law regulates polygamy with clear provisions to ensure justice and the welfare of all parties involved. In reality, within the culture of Agen Thrifting families in Teluk Nibung, Tanjung Balai, polygamy and nikah sirri (unregistered marriages) are often adopted as strategies to circumvent stringent legal regulations, creating issues related to legal status and family rights. This study aims to examine the practices of polygamy and nikah sirri in the context of Agen Thrifting families, focusing on how these practices interact with Islamic family law provisions. This article is categorized as qualitative field research. The methodology employed is a juridical-empirical approach, combining legal analysis with direct field observations. The research findings indicate that the culture of polygamy among Agen Thrifting families is often accompanied by nikah sirri as an effort to evade strict legal regulations. This results in negative impacts, including family separation and unclear status of children. Such practices undermine the principles of Islamic family law, particularly the assurance of family rights protection and legal recognition in accordance with justice principles.

Analisis Undang-Undang Nomor 50 Tahun 2009 Tentang Pengadilan Agama dalam Penyelesaian Sengketa Ekonomi Syariah dan Relevansinya terhadap Tujuan Hukum Islam (Maqasid Assyari’ah)

This article analyzes Law Number 50 of 2009 concerning Religious Courts in the context of resolving sharia economic disputes and its relevance to the objectives of Islamic law (maqasid al-shari'ah). The main focus of this study is to evaluate the effectiveness of the Law in resolving disputes related to sharia economics and how the implementation of the law is in line with the principles of maqasid al-shari'ah, namely the protection of religion, soul, mind, descendants, and property. Through an analytical approach, this article discusses various aspects of Law Number 50 of 2009, including the structure, competence, and dispute resolution mechanisms regulated in the law. In addition, this article also examines the extent to which the implementation of the Law supports the achievement of maqasid al-shari'ah in the context of sharia economics, as well as the challenges and opportunities faced in the process. This study uses qualitative methods with document analysis and interviews as tools to obtain relevant data. The findings of this study are expected to provide insight into the suitability between laws and regulations and the principles of Islamic law as well as the contribution of religious courts in resolving sharia economic disputes.

مآلات فتاوى العلامة البوطي في مواجهة الربيع العربي دراسة تحليلية في أحداث الجمهورية العربية السورية

The study aims to clarify the consequences of the fatwas of Sheikh al-Buti in the Syrian events. The researcher focused on the concept of legal consequences to highlight the extent to which fatwas and their consequences are governed by Islamic law. The researcher followed an inductive and analytical approach to examine the fatwas, collect texts, and opinions of scholars related to these fatwas from reliable sources. The study analyzed these opinions and examined their consequences from the perspective of Islamic law. The study concluded with several findings, including:Al-Buti followed the approach of early scholars in tracing the consequences of rulings.Al-Buti's stance on the uprising and rebellion against the ruler is complete rejection, adhering to the principles of Islamic law. Al-Buti believes that rebellion against the ruler is permissible if the ruler openly commits kufr (disbelief). He believes that rebellion against the ruler is not permissible when the rebels do not rely on a legitimate Islamic basis. Demonstrations and marches are forbidden because they are a path and a pretext for opening a confrontation, a path to killing and committing forbidden acts, facilitating the way for external aggression to control the country, and blocking the means is a religious obligation.

Menggadaikan Kembali Tanah Gadai

This research discusses the practice of re-mortgaging pawned land according to Islamic law and positive law in Simpang Tiga District. This study is a type of qualitative research using field research and library research methods. The results of the research show that the practice of re-mortgaging land in Simpang Tiga District is common, especially when the land owner needs money urgently, but the land owner has not been able to pay off the loan, so the pawner pawns the land to another party without prior notification. first to the land owner because the agreement mechanism tends to be done verbally, which can cause risk and confusion. According to Islamic law, it is largely in accordance with the principles of Islamic law, especially because it is carried out on the basis of mutual assistance in society and in urgent situations. However, there are some issues to be aware of. One of them is re-mortgaging land without the land owner's permission, which may violate the principle of the validity of pawn transactions. The principles of Islamic law, such as agreements, rights and obligations, and collateral management, should be taken into account in implementing pawning practices. And positive law is permissible (legal), the pawn right can be transferred by the pledgor to another party with or without the land owner's consent, based on the regulations on the transfer of land use rights with reference to Article 37 paragraph (1) of Government Regulation no. 24 since 1997.

PRICING SYSTEM IN LAND LEASING IN REVIEW OF IJĀRAH 'ALA AL-MANĀFI' CONTRACT

In the fiqh context of land leasing, there are variations in scholarly opinion regarding the legality and conditions of leasing. Some scholars argue that the leased land must provide direct benefits to the tenant, such as for agriculture, while others allow leasing for commercial activities. Rental pricing is a major concern as factors such as location, economic potential and land condition affect the rental value. This study aims to determine the system of determining land rental prices for business premises in the perspective of the ijarah 'ala al manafi' contract. Qualitative methods are used with observation and interview techniques to understand the practice of leasing in the perspective of Islamic economics. From this research, the results obtained in the practice of leasing land in Krueng Barona Jaya District, the principles of Islamic law, especially in the ijârah 'ala al-manâfi' contract, have generally been followed, including clarity of object, price, and time period. However, there is a discrepancy in terms of land benefits that cannot be obtained directly, which according to the view of the Shafi'iyah scholars, states that the benefits of the lease must be used immediately. Therefore, there needs to be more attention in ensuring the agreement is in accordance with the provisions of fiqh so that all parties get fair rights and obligations, and to achieve blessings in every transaction.

BUILDING QUALITY ASSURANCE AND CONTRACTOR LIABILITY IN REAL ESTATE HOUSES ACCORDING TO IJÂRAH 'ALA AL-'AMÂL

This article aims to examine the quality assurance of buildings with a piecework system and contractor coverage on real estate houses according to ijârah 'ala al-'amâl. The type of research used is descriptive with a normative sociological approach. Data collection techniques through interviews, documentation, data analysis. The results showed that the occurrence of several post-development damage factors such as material quality, construction errors, extreme environmental conditions. So that it can affect the occurrence of damage to buildings such as damage; structural and non-structural, due to environmental factors, utility systems, improper use and maintenance, humidity, unauthorized structural changes, finishing, exterior and landscape areas, due to natural disasters. Contractor building quality assurance is fully responsible starting from complying with regulations and guidelines, during the construction period the contractor always conducts supervision / inspection on a scale and after the work is completed the contractor repairs defects or damage that arise due to errors in implementation during the construction period. Ijârah 'ala al-'amâl regulates the reciprocal relationship between the parties and the reward in accordance with the agreement, the concept of ijârah 'ala al-'amâl emphasizes to pay attention to the level of quality that must be met and encourages workers to commit to maintaining it. The concept of ijârah 'ala al-'amâl as a whole offers a more structured framework and can provide a stronger foundation for developers to demand the fulfillment of quality standards because the work contract in the context of ijârah 'ala al-'amâl is directed based on the principles of Islamic law and has high legitimacy so as to provide better legal certainty.

Civil Liability of Airport Managers for Consumer Losses from The Perspective of The Compilation of Sharia Economic Law

Consumers often require effective and convenient air transportation to carry out their daily activities, both for work and personal purposes. Air transportation offers a fast and efficient solution to reach their destination. This research aims to evaluate the consequences of the negligence of Kualanamu Airport officers and managers and to examine how their responsibilities towards consumers based on the perspective of the Compilation of Sharia Economic Law. The method used is normative juridical legal research, which refers to international law and relevant legislation, and uses the Statute Approach (reviewing all regulations relevant to the legal issues discussed) and Conceptual Approach (based on views and doctrines developed in legal science). The results show that many airport facilities have not met functional standards, which causes negligence of officers to still threaten the safety and comfort of consumers. This negligence includes the operationalization of facilities that are not fit for use. In the context of KHES, responsibility includes providing compensation in accordance with the principles of Islamic law governing loss and compensation. Compensation or 'dhaman' aims to overcome the losses suffered by the injured party, both material and immaterial. This is regulated in Book II of the Compilation of Sharia Economic Law article 20 paragraph 37, which states that 'ta'widh' or compensation is reimbursement for real losses paid by the party who committed an unlawful act.

Kaidah المشقه تجلب التيسير dan Penerapannya dalam Hukum Keluarga

Because Islamic law is not mentioned directly in the Qur'an and Hadith, interpretation and contextualization through ijtihad are often necessary. To achieve this, Islamic jurisprudence must be integrated with current conditions and societal demands. This must be done in accordance with maqasid al-syariah, namely the aim of overcoming legal problems faced by individuals (mukallaf). Sharia guarantees the welfare of every person and is adapted to their abilities. It is stated in a hadith in the hadith of the Prophet narrated by Bukhari which means: "Religion makes things easy, the religion that Allah loves is the true and easy religion" (HR. Bukhari from Abu Hurairah) shows that Islam emphasizes the importance of ease in fulfilling religious obligations. According to the principle of المشقه تجلب التيسير, which means that difficulty brings ease, Islamic law is flexible to deal with the difficulties people face in worship and transactions. The concept of المشقه تجلب التيسير in the application of Islamic family law is explained in this paper using qualitative descriptive methodology and literature review techniques. Sources for this research include the Al-Qur'an, Hadith, tafsir, fiqh literature, and Qawaidul Fiqiyyah. To see how this principle is applied, this paper conducts a case study on Islamic family law. The aim of Al-Masyaqqah Tajlibut Taysir is to alleviate difficulties in the application of Islamic family law so that people can fulfill their obligations without experiencing due difficulties. This study identified seven categories of hardship (masyaqqah) that require relief (rukhsah), such as travel, illness, compulsion, forgetfulness, ignorance, general hardship, and deprivation. These categories guide legal experts in issuing fatwas and legal decisions to accommodate individual needs while upholding Islamic principles. In conclusion, المشقه تجلب التيسير serves as a basic principle in Islamic jurisprudence, facilitating the harmonization of Sharia with individual circumstances and societal needs, particularly in family law matters such as marriage contracts. Its application underscores the adaptability and compassion inherent in the principles of Islamic law, which promote justice and well-being for all individuals.

Islamic Legal Philosophy Approach in Preventing the Culture of Bribery in Indonesia

Indonesia a state of law based on Pancasila and the 1945 Constitution, upholds human rights and equality before the law. Corruption damages development, with eradication that is not optimal. Professional and transparent law enforcement is needed. The approach of Islamic law philosophy in preventing corruption needs to be explored further. This research is important in enriching the discourse on corruption prevention, providing a foundation for policymakers, religious institutions, and the community. This research uses a normative law approach with literature study, exploring written law, including legal theory, history, and philosophy. Data was obtained from legal regulations, Islamic legal philosophy literature, and legal encyclopedias. Qualitative analysis was carried out using a deductive method, linking the principles of Islamic law to the reality of bribery culture in Indonesia. The perspective of legal sociology is also used to understand the interaction between law and society. The goal is to provide a comprehensive understanding of the prevention of bribery culture. Corruption, including bribery, is considered to violate the principles of Islamic law, such as justice and prevention of damage. Islamic legal philosophy emphasizes individual integrity and public participation in the prevention of corruption. This approach, together with legal sociology, can form a comprehensive strategy to address corruption in Indonesia. Changes in the substance of the law, law enforcement institutions, and an anti-corruption culture are needed to achieve these goals. The philosophical approach of Islamic law in the prevention of bribery emphasizes the improvement of individual morals and the principle of monotheism. The prohibition of bribery is based on justice and prevention of damage. Integration with legal sociology is necessary to formulate effective prevention strategies. Community stability can be improved through strengthening morals and integrity as well as public participation in overcoming the culture of bribery. With this approach, the hope of eradicating bribery in Indonesia becomes more realistic.

Principle of Islamic Law and Moral Dilemmas of Religious Organisation's Involvement in Mining

Principle of Islamic Law and Moral Dilemmas of Religious Organisation's Involvement in Mining

Perekonomian Indonesia ditinjau dari financial technology menurut perspektif Islam

Economic development in Indonesia with technological advances has a significant impact. Innovation and new technological breakthroughs today in the financial sector using Fintech or financial technology. Fintech initially only existed in the conventional financial system, but along with the times, fintech has now entered the Islamic financial system. The purpose of this study is to analyze fintech in the economy in Indonesia through an Islamic perspective. The type of research used is to use literature studies obtained from various sources. This research is descriptive and qualitative. The data used is secondary data. The data collection technique is to use literature review to examine the theoretical basis related to fintech concepts and mechanisms that are currently developing rapidly in accordance with the principles of Islamic law. As well as knowledge of the development of sharia fintech as the main basis for building correlations between practice and theory based on Islamic perspectives. This research produces Fintech in an Islamic perspective, offering alternative choices to people who use financial technology services, especially for people who want to avoid the trap of usury, because the fact that occurs almost entirely contains elements of usury. However, muamalah is not only important in terms of economic value but must also be of worship value so that muamalah activities become a blessing of participation.