Islamic Law Research Articles

Efforts to Moderate Islamic Law Understanding through Hadith Studies in Aceh and West Sumatra Mosques

This study aims to examine the preferred subjects of mass studies in Acehnese and West Sumatra mosques; optimize mosques' contribution to Indonesian Islamic studies; and acquire a moderate understanding of hadith and Islamic law. It uses an empirical legal method explained by using the hadith ahkam and Weber’s theory of social action. Data were collected through in-depth interviews, observation, and document studies. The study found that understanding of Islamic law is influenced by understanding of hadith, while understanding of hadith consists of two typologies, textual and contextual. Textual understanding gives birth to sectarian and radical ways of thinking, while contextual gives birth to moderate and inclusive understanding. The study of understanding Islamic law based on mosques is important because the understanding of Islamic law is relatively low, in Aceh, it is 17.5% and in West Sumatra, it is 15.62%. Optimizing the role of mosques as a place to gain a moderate understanding of Islamic law from the study of hadith is important even though it is not yet optimal. In Weber's perspective, a person's social actions will be influenced by an understanding that is considered correct, which will then become a religious practice. For that, an effort to socialize a moderate understanding of Islamic law through the attitude of tawazun, tasamuh, istiqamah is not enough but must be added to the understanding of hadith with sciences such as asbab wurud, the science of ma'an al-hadith, so that the perspective of the science of hadith ahkam in understanding the laws contained in the hadith becomes important. Thus, a moderate understanding of Islamic law will emerge, thus giving birth to harmony and tranquility in society.

Upaya Meningkatan Pemahaman Masyarakat Desa Tanjung Mas Mengenai Sistem Akad (Mudharabah) Bagi Hasil Pada Petani Padi

The Community Service Program (KKN) in the form of this research is based on the collaboration of KKN Students of Raden Fatah State Islamic University of Palembang in Tanjung Mas Village, Rantau Alai District, Ogan Ilir Regency, South Sumatra Province. This article was created to find out how the people of Tanjung Mas Village carry out the Mudharabah Agreement which they apply in the agricultural system there. The research method used is descriptive qualitative, the way to collect data is by means of Observation, Interviews, and Documentation in the Field. In Islam, agriculture is not seen only as a worldly activity, but is an activity that has spiritual meaning. This can be seen from the assumption that the agricultural products that are utilized have a value of alms, which shows a relationship between activities that are suitable for planting and faith in Allah. The majority of Indonesian people themselves work as farmers, in order to meet their living needs. The results of the study show that the current agricultural management system has developed rapidly, therefore the researcher aims for the people of Tanjung Mas Village to know how the management system in using the correct Mudharabah Agreement is in accordance with Islamic law, in order to support economic development there.

Analysis of Determination and Deviation of Qibla Direction in Telaga Ngembeng Cemetery, Nyurlembang, Narmada

This study aims to analyze the determination of the Qibla direction at Telaga Ngembeng Cemetery, Nyurlembang Village, Narmada District, with a primary focus on the misalignment of grave orientations caused by inconsistent Qibla determination methods. The research employs a descriptive qualitative approach with fieldwork methods, supported by Qibla direction measurements using the scientific approach of spherical trigonometry. The findings reveal varying deviations in Qibla orientation among graves, resulting from reliance on estimations by religious figures, limited access to proper instruments, inconsistent use of Qibla compasses, and the community's lack of awareness regarding the importance of directional consistency. The novelty of this research lies in the application of spherical trigonometry to recalibrate Qibla direction across a traditional cemetery with high precision. The practical implication of this study highlights the urgency of religious education and the use of accurate tools in burial practices, while the academic implication shows how integrating Islamic astronomy (falak) and socio-religious studies can improve cemetery management in line with Islamic law.

Embracing the Halal Market: CV. Legacy's Strategy in Providing Halal Certified Food and Beverage Products for Patients

Halal food and drinks play an important role not only in meeting the religious needs of Muslims, but also as part of a healthy and safe lifestyle. Halal certification ensures that products circulating on the market, including those provided by CV. Legacy for hospitals, meets standards in accordance with Islamic law and high quality. Hospitals that provide halal products increase the comfort of Muslim patients and strengthen their reputation as institutions that care about patient welfare. The method in this research is: qualitative. The results of this research are: halal certification plays a crucial role in increasing consumer trust and company competitiveness, as does CV. Legacy which provides food and beverage products for the hospital sector. This certification not only ensures the halalness of products according to sharia, but also guarantees quality and safety, builds the company's reputation, and expands market share. Despite facing challenges such as selecting halal raw materials and strict supervision of the production process, CV. Legacy can overcome these obstacles with efficient management and employee training. Planned marketing and market expansion strategies, including establishing relationships with hospitals and innovating products, enable CV. Legacy to strengthen their position in the halal food market and expand their reach into other sectors, making them leaders in this industry.

Legal Analysis of Domestic Violence Based on the Mazhab Syafi’i and Indonesian Positive Law

This research aims to examine how standards for handling domestic violence can be formed by considering the views of the Shafi'i Mazhab and positive law in Indonesia. The method of research used is normative legal research using the statutory approach method and conceptual approach method. The novelty in this research compared to previous research lies in the dual approach used in analyzing cases of domestic violence, namely through the perspective of the Shafi'i Mazhab and Indonesian positive law. The results show that both Indonesian positive law and the Shafi'i Mazhab consider domestic violence as an act that is contrary to the principles of justice and welfare in the family. However, there are differences in their perspective and legal implementation. The conclusion in Syafi'i's view, domestic violence is associated with the concept of nusyûz, which allows husbands to discipline their wives within strict limits, but this approach is no longer considered relevant in the modern era that rejects all forms of physical violence. Meanwhile, Law No. 23/2004 on the Elimination of Domestic Violence provides comprehensive protection against various forms of domestic violence, although it still faces implementation challenges such as weak law enforcement, patriarchal culture, and social stigma. Therefore, a renewal of the understanding of Islamic law is needed.

Learning from Malaysia's Progresif Islamic Law Framework on Online Gambling: Insights for Indonesia

Online gambling has become a rapidly growing issue, leading to financial losses and mental health challenges. In Malaysia, online gambling is regulated under progressive Islamic law which focuses on social justice, while Indonesia struggles with weak enforcement despite existing regulations. This study discusses three main parts: first, current online gambling regulation in Indonesia and Malaysia; second, Malaysia’s progressive legal experience as a blueprint for Indonesia; and third, social justice and SDGs-based online gambling regulation for Muslim-majority countries. A qualitative approach, including case studies, in-depth interviews with legal experts, and document analysis in both countries, was employed. The findings show that Malaysia’s implementation of progressive Islamic law has been effective in managing online gambling, promoting social justice, and reducing financial and mental health impacts. In contrast, weak law enforcement in Indonesia exacerbates the social issues related to online gambling. The research concludes that Malaysia’s approach has successfully regulated online gambling and supported SDG achievement. Therefore, Indonesia should consider adopting more progressive Islamic legal principles to enhance law enforcement and reduce the social harms of online gambling.

Strategic Solutions for Women’s Empowerment through Islamic Social Finance in Light of Maqaŝid Sharia: A Delphi-ANP Approach

Women in Indonesia continue to face challenges in achieving economic and social independence. In fact, in Islamic law's framework, particularly maqaŝid Sharia's, Islamic Social Finance (ISF) emerges as a pivotal instrument for advancing women's empowerment. This study aims to identify key problems and strategic solutions for women's empowerment through Islamic social finance while predicting the future direction of empowerment itself. Utilizing the Delphi Analytical Network Process, this research conducted literature reviews, focus group discussions, and expert interviews across academia, practice, and regulatory bodies. The findings highlight critical problems from three dimensions for enhancing women's welfare: women's limited time since they have multiple roles (wife and mother) (0.116), capital provision from Islamic social finance institutions without assistance (0.200), and lack of shared information to muzakki/donors on the importance of empowering women (0.315). Key strategic solutions include addressing essential needs prior to empowerment (0.054), customizing programs to recipients' interests (0.053), and providing financial literacy training (0.052). For Islamic social finance institutions, priorities include creating a comprehensive empowerment framework (0.137), fostering collaborations (0.128), and enhancing institutional capacities (0.115). Improving funding transparency (0.315) and channeling funds through institutions (0.221) are crucial in donor engagement.

The end of Jihadi Salafism? The religious governance of HTS, the Post-Jihadi rebel ruler in Northern Syria

ABSTRACT Jihadis differentiate themselves from other Muslims by their demand for an Islamic state based on their interpretation of Islamic law as well as their legitimization of violence against Muslim domestic regimes and, occasionally, Western countries for supporting them. Over the past decade, they have increasingly governed civilians with harsh governance featuring physical punishments and discriminatory measures against women and religious minorities. But this is not always the case. In Syria, Hayat Tahrir al-Sham (HTS), a former affiliate of Islamic State (IS) and Al-Qaeda previously known as Jabhat al-Nusra, took on a very different governing role in the northwest of the country. In contrast to other Jihadis, HTS has distanced itself from its Jihadi legacy after seizing power. As the group relocalised, it has established new structures of governance that are more technocratic than ideological though they feature religion too. This paper analyses HTS’s policies, from its rejection of its Jihadi legacy to the group’s understanding of Islamic law and interactions with local communities, including religious minorities. This article is based on extensive research conducted in northwest Syria, including numerous interviews with the HTS leadership, its supported government, other armed groups, and civil society organizations.

Mapalus Tradition: North Sulawesi Muslim Society in the Maqashid Syariah Discourse

This research explores the alignment and divergence of the principles of Mapalus with Islamic legal and ethical frameworks, contributing to the broader discourse on integrating local wisdom with Islamic values in multicultural societies. Mapalus, a communal tradition rooted in the Christian-majority Minahasan society, has been adopted by the Muslim minority by applying Maqashid Sharia principles, particularly in community well-being, justice, and property protection. Through empirical data from interviews with religious leaders and community members, the study highlights how Islamic jurisprudence guides modifications to traditional Mapalus practices, ensuring compliance with religious obligations while preserving core cultural values. The research reveals that while Islamic values of justice, reciprocity, and mutual assistance align with Mapalus' cooperative ethos, certain rituals require adaptation or exclusion to adhere to Islamic law. This integration is facilitated by the involvement of religious leaders, who mediate potential conflicts and help maintain social harmony. The study concludes that Mapalus is a model for successfully integrating local wisdom with Islamic values in a multicultural context, demonstrating the flexibility of cultural practices and religious principles in fostering unity and cooperation across diverse communities.

LEGAL ANALYSIS OF THE HOLDERS OF RESPONSIBILITY RIGHTS WHOSE RIGHTS WERE TRANSFERRED BECAUSE THEIR GRANT WAS CANCELLED BY THE BANDA ACEH SYAR’IYAH COURT

Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.

The Role of Scientific Integration in Contemporary Ijtihād: Researchers' Perspectives in State Islamic Universities

particularly within State Islamic Higher Education Institutions (PTKIN) in Indonesia. In this context, Ijtihād, as a pivotal instrument in the development of Islamic law, can no longer rely solely on normative-textual approaches; rather, it must be contextualised through interdisciplinary and integrative perspectives. The discourse on integrating Islamic and general sciences has become increasingly critical, especially considering the emergence of ideas such as the Islamisation of knowledge and the reconstruction of Islamic epistemology. This study examines the contextualisation of Ijtihād within the knowledge integration framework at PTKIN. Employing a multisite qualitative approach based on grounded theory, fieldwork was conducted at UIN Sumatera Utara (UINSU), UIN Syahada Padangsidimpuan, and STAIN Mandailing Natal. Data collection techniques included focus group discussions, in-depth interviews, observation, and document analysis. The findings reveal that the contextualisation of Islamic law through integrated academic models continues to face structural, epistemological, and institutional challenges. UINSU applies the Wahdat al-ʿUlūm model, UIN Syahada employs a theo-anthropo-eco-centric approach, while STAIN Mandailing Natal remains embryonic. This research asserts that integrating knowledge to contextualize Islamic law demands academic culture reform, intellectual authority strengthening, and epistemological courage to transcend the dichotomy between religious and secular sciences. Thus, Ijtihād emerges not merely as a normative discourse but as an academic praxis with significant implications for transforming knowledge and advancing Islamic civilisation locally and globally. The academic contribution of this research lies in mapping the patterns of knowledge integration implemented in PTKIN and offering a critical analysis of the challenges faced in the contextualization of ijtihad. These findings enrich the discourse on contemporary Islamic legal studies by broadening the methodological horizons of ijtihad through interdisciplinary approaches

Tinjauan Siyasah Dusturiah terhadap Undang-Undang Nomor 3 Tahun 2024 tentang Perubahan Masa Jabatan Kepala Desa Menjadi 8 Tahun

This study aims to examine and analyze Law Number 3 of 2024 which contains changes to the term of office of village heads to 8 years from the perspective of siyasa dusturiah or Islamic constitutional law. The background of this study is based on the change in the term of office of village heads which was previously regulated for 6 years which then became 8 years and gave rise to various responses among the community. This study was conducted using a qualitative research method through a normative juridical approach by conducting an analysis from the perspective of siyasa dusturiah to determine the suitability of the regulation with the basic principles of Islam such as justice, welfare, and trust. The results of the study indicate that the determination of the term of office of village heads for 8 years from the perspective of siyasa dusturiah must be linked to the value of people's welfare and prevent abuse of power. In the context of Islamic law, the term of office of a leader is not specifically limited, but must be able to fulfill responsibilities and mandates fairly and transparently. This study concludes that the change in the term of office of village heads to 8 years in Law No. 3 The year 2024 has not fully brought prosperity and justice to the entire community because there are still many violations and abuses of authority that are detrimental to some parties, one of which can be seen from the factor of determining changes to the term of office where it turns out that not all village heads in Indonesia agree with the delivery of these aspirations.

Practicing Islamic law in late imperial China: dispersed Muslim minority and normative legal pluralism

ABSTRACT Using Chinese Muslims in the Qing empire as a case study, this paper discusses how dispersed Muslim minorities may acquire non-territorial autonomy in a secular legal order. I seek to explore: Invisible under the territorially based system of Qing imperial plurality, were Chinese Muslims able to attain certain autonomy in practicing Islamic law? If so, how and in what aspects were they able to bring in Islamic law or authorities? To examine the questions, I focus on both legal discourses of the imperial state as well as everyday legal practices of Chinese Muslims. Sources include official legal records of the central and county-level governments, late-Qing newspaper reports, as well as Chinese Muslims’ stele inscriptions, genealogies, literary and religious writings. I argue that on the one hand, without formal juridical autonomy, Chinese Muslims generally held a pragmatic attitude towards law and dispute settlement. They were willing to resort—and indeed very frequently did so—to the Qing law and government even for family and religious matters. On the other hand, as a form of informal or normative legal pluralism, the Qing Code left room for extrajudicial handling of non-severe legal matters in China proper. Chinese Muslims were thus able to take advantage of such design and negotiate a place for Islamic law and authorities at the community level. Their everyday legal practices serve as counter-evidence against the presumed incompatibility between Islamic law and China’s secular legal order in premodern times.

حق ذوي الإعاقة في العمل

This study examines the right of people with disabilities to employment, highlighting its significance and profound impact on their lives. Employment empowers individuals with disabilities to achieve independence from their families, rely on themselves, and enhance their integration into society. Furthermore, it provides them opportunities to contribute to community development and nation-building, fostering a sense of belonging and tangible influence within society. Islamic law, international conventions, and national legislation have reinforced the importance of this right by shedding light on its significance. The Saudi legislator has played a pioneering and distinguished role in addressing the issue of employing persons with disabilities. The study indicates a disparity between legal provisions and practical implementation. Despite the numerous obstacles hindering the employment of people with disabilities, overcoming them remains achievable.

ICH Entrepreneurship Opportunties via Halal Sustainability Audit and ISO 53002 for 2030

The application of Halal concepts to the ICH, for example, cheongsam market for 2030 presents a compelling opportunity for growth. By understanding Halal audit system with ISO PDCA System - ethical sourcing and planning, doing in production of products/ services, and checking with design review, and acting with integrating AI for audit review and continual improvement with the inherent sustainability of traditional cheongsam craftsmanship and the principles of Halal audit system and relevant ISO standards, S.E. countries can create a market that may create decent jobs (SDG#8) and nurture a mindset of SDG#3/12/16 culturally rich, ethically sound, and truly sustainable with peace. Based on nvivo analysis of 30 research papers related to halal sustainability system, the key elements for competent halal sustainability audit talents are: 1) system with policy, 2) process with segregation, 3) understanding of Islamic Law, and 4) socialization without misleading messages. This requires a conscious effort to bridge cultural understanding, embrace ethical practices, and leverage the power of tradition and innovation to groom future entrepreneurs in ICH with cultural beauty and halal responsibility.

An Analysis of 'Urf on the Practice of Jeluk-Jelukan in the Customary Marriages in Sambungmacan Village, Sragen Regency

Marriage is an order given by Allah to His servants which aims to create a family that is sakinah mawadah warahmah, so that Allah gives extraordinary gifts and rewards to the perpetrators. Marriage for Javanese people is something sacred and considered very important because the implementation of marriage is full of rituals which, when examined, have many meanings that can be interpreted as a manifestation of prayer so that the bride and groom and also their families get good things and away from disasters. In the customary law of Sambungmacan Village, marriage procedures are a combination of customary and Islamic law. According to local beliefs, if a person who wants to get married still has an older sibling who has not been married, it is very prone to disasters such as difficulty getting a mate for those who are stepped over, crazy, or kuwalat for the prospective bride and groom who step over. For this reason, the existence of this custom can prevent these disasters. The phenomenon that occurs in the Sambungamcan Village community if the younger sibling marries before the older sibling, then the older sibling is required to carry out the jeluk-jelukan tradition. This article aims to uncover the phenomenon of how 'urf and Islamic law review the jeluk-jelukan tradition that develops in the Sambungmacan Village community. This type of research is prescriptive field research, while the approach used is a legal normative approach, which is a problem approach by formulating whether something is or the object of research is good or should not be done so that it is in accordance with Islamic Law or not. The conclusion of this research is. This jeluk-jelukan tradition is classified as 'urf fasid, because it overturns the Islamic faith when believing that the calamity comes because of violating or not carrying out the jeluk-jelukan tradition. When viewed from the perspective of 'urf, it cannot be used as a basis or legal basis. In the review of Islamic law, this jeluk-jelukan marriage is contrary to Islamic law because the pillars of marriage are not fulfilled, namely without the guardian of the old widow. So it can be concluded that this jeluk-jelukan marriage is invalid. Because both of them are forced by customary law

The Status of Civil Servants' Pension Fund Inheritance: A Comparative Fiqh Study between Bahtsul Masa'il NU and the Majelis Tarjih Muhammadiyah

One way to acquire wealth in Islam is through inheritance, where the estate left by a deceased person is distributed to their heirs based on Islamic principles of justice. However, in practice, disputes often arise regarding the status of a civil servant's (PNS) pension upon their death-whether it should be considered inheritance (tirkah) or not. This study aims to examine the principles of inheritance in Islamic law and analyse the views of Bahtsul Masail NU and Majelis Tarjih Muhammadiyah regarding the status of civil servant pensions. This research is library-based and employs a descriptive-analytical comparative method. The findings reveal that both organisations agree that a civil servant pension is not part of the tirkah and cannot be inherited in the traditional sense, but rather belongs to designated recipients such as the spouse or children. The difference lies in their methodological approaches: NU refers to the fatwas of scholars (qaul), while Muhammadiyah relies on the general (mujmal) wording of hadith. Both organisations also agree that Indonesia's regulations on civil servant pensions are not in conflict with Islamic law

The Zakatability of AI: A Dual Analysis from Sharia and Saudi Law

The rapid integration of artificial intelligence (AI) into financial ecosystems necessitates a reexamination of zakat frameworks under both Islamic jurisprudence and Saudi reg-ulatory systems. This study bridges a critical scholarly gap by systematically analyzing the classification of AI systems and their outputs as either zakatable assets or obligated entities. Employing a tripartite methodology that combines textual analysis of classical fiqh, legal review of Saudi Arabia's Zakat Regulations of 1445 H. (2024), and applied ju-risprudential reasoning, the research demonstrates how sharia's inherent flexibility through mechanisms like qiyās (analogical reasoning) contrasts with Saudi law's cur-rent reliance on natural/legal personhood requirements. The findings reveal that Islamic jurisprudence theoretically accommodates AI through two potential pathways: the current owner-attribution model (treating outputs as 'urūḍ al-tijārah) and a future direct liability model (should AI gain legal personhood, drawing on waqf precedents), which means that zakat obligations apply equally to AI-generated wealth regardless of legal personhood status. However, Saudi regulations require specific amendments to address practical challenges of valuation, residency determination, and ownership attribution for autonomous systems. The research contributes original theoretical frameworks for classifying emerging technologies under Islamic law principles and identifies specific regulatory modifications needed to address autonomous systems. These findings have immediate implications for policymakers navigating technological disruption, while opening new avenues for research into algorithmic ownership and digital asset gov-ernance under Islamic law.

Fenomena Rujuk Setelah Talak Tiga: Kajian Hukum Keluarga Islam

This study aims to examine the phenomenon in the Ilir Barat II Palembang District Community who reconciled with their partners after triple divorce from the perspective of Islamic law. The reconciliation was carried out without heeding the rules contained in Islamic family law which requires the ex-wife to marry another man first without any engineering and to divorce purely, only then can the first ex-husband remarry his ex-wife. This study is an empirical legal study, using qualitative data and the data sources used are primary data and secondary data. The data obtained will be analyzed descriptively qualitatively, then will be concluded deductively. The results of the study found that the cause of the deviation in the relationship after triple divorce in the Ilir Barat II Palembang District was due to a lack of understanding of religious knowledge and a desire to immediately reconcile without following a complicated process. Based on the study of Islamic law, reconciliation is forbidden, even if they have sexual relations, it is said to be adultery. This is because they do not make a new contract, they also do not follow the provisions of the sharia which require the ex-wife to marry another man and divorce her new husband, only then can the first ex-husband remarry his ex-wife.

Islamic Symbols of Authority: The Quran and Hadis in Delhi Sultanate’s Political Legitimacy (13th–14th Century)

This paper analyses two major sources of Islamic law utilised as symbols of authority by the Sultans of Delhi during the 13th and 14th centuries in the Indian sub-continent. It focuses on how the Sultans of Delhi sought to reinforce their power and sovereignty through Quranic verses and ahadis (pl. of hadis). Exploring how these two symbols were used, this study examines how these symbols were propagated through multiple mediums to legitimise kingship and authority. This study perceives religious symbols important for sustaining the Delhi Sultan’s rule, which was projected as divinely sanctioned. The research investigates the role of these symbols in establishing their link with the Islamic past, history, culture and tradition. Discussing the relationship between symbols and authority, this paper explores how the Delhi Sultans used religious symbols to not only establish their political supremacy and authority but also consolidate the allegiance of the Muslim community.