Islamic Law Research Articles

Historical Trajectories and Modern Dynamics of Islamic Financial Law in Central Asia

Abstract This paper examines the historical development and contemporary landscape of Islamic financial law in Central Asia. Rooted in Sharia principles such as avoiding riba (usury), gharar (uncertainty), and maysir (gambling), Islamic finance has evolved into a sophisticated framework that promotes equity, transparency, and social welfare. In Central Asia, a predominantly Muslim region shaped by diverse cultural influences, Islamic financial jurisprudence reflects a unique blend of traditional practices and modern regulations. The growth of Islamic finance in this region is driven by increasing awareness, regulatory support, and integration with global markets. Key principles like the prohibition of interest, risk-sharing, and asset-backed financing underpin the operations of Islamic financial institutions. Case studies from Kazakhstan, Uzbekistan, and Tajikistan illustrate successful implementation strategies. The paper concludes by emphasizing the potential for Islamic finance to drive sustainable economic development in Central Asia and the need for ongoing research, collaboration, and policy support to navigate the complex dynamics of this evolving field.

Development of Halal Tourism Organization in Banda Aceh City

The national long-term development strategy includes the development of tourism as a core component. This program is supported by the issuance of special regulations Letter No. 17 of 2016 addressed to the Mayor of Banda Aceh on the Introduction of Halal Tourism. The current research aims to analyze and examine the policies of the Banda Aceh City Government in organizing Halal Tourism and providing supporting facilities and infrastructure for it. The method used is qualitatively descriptive. Both primary and secondary data sources are employed. Data were obtained through interviews, observation, and documentation. Based on the results of the research and findings in the field, it was found that the Banda Aceh City Government's policy in organizing Halal Tourism in Banda Aceh City is considered to be good and its implementation is also good because of the high community support while carrying out the policy. However, improvements in facilities and infrastructure are still needed to perfect the introduction of Halal tourism in Banda Aceh City. The findings show that t the implementation of halal tourism policies in the City of Banda Aceh is supported by a large number of people who ensure that the City of Banda Aceh becomes a city that adheres to Islamic law and participates in supporting and advancing halal tourism in the city. Keywords: policy, development, halal tourism, City of Banda Aceh

Tinjauan Yuridis Hak Royalti Sebagai Harta Bersama dalam Perkawinan

There are two concepts regarding marital assets according to the legal system in Indonesia, namely in the form of personal assets and joint assets. The correlation between marital property and IPR includes the legal and economic relationship between joint ownership of certain assets and the protection of creative or innovative rights. This research was conducted using normative research methods using statutory, conceptual and case approaches. The purpose of this research is to find out the position of royalties as marital property according to marriage law in Indonesia and to find out about the legal measures that can be taken by the parties regarding royalty rights as marital property in the event of a divorce. The research show that Copyright is a material right, so it can be concluded that Royalties fall into the category of intangible movable objects. Royalties which are intangible movable objects have value as joint assets. Then, dispute resolution regarding joint assets can be carried out through litigation and non-litigation processes. In practice, the division of joint assets can usually be resolved amicably, but if there is no agreement it will result in a legal process involving filing a lawsuit with the Religious Court. In terms of the division of marital property, it is regulated in the Civil Code, Marriage Law, and the Compilation of Islamic Law and the judge's considerations are based on the value of justice.

Overcoming Learning Barriers in Faraid Education for Improved Student Outcomes

General Background: Pondok Pesantren (Islamic boarding schools) are vital for character and knowledge development in Indonesia, especially in the study of faraid (Islamic inheritance law). Specific Background: At Wali Barokah Islamic Boarding School in Kediri City, students face obstacles such as ineffective teaching methods, limited resources, and challenges in understanding Arabic texts. Knowledge Gap: Existing research has not thoroughly analyzed these specific barriers and their impact on learning outcomes. Aims: This study identifies the obstacles faced in faraid education and offers strategic recommendations for improvement. Results: Using qualitative methods, the research reveals that methodological issues, insufficient materials, and rigid teaching styles significantly hinder student understanding and motivation. Novelty: This study provides a comprehensive analysis of the barriers affecting faraid learning. Implications: It highlights the need for adaptive teaching methods and improved resources to enhance student engagement and comprehension, ultimately fostering competent graduates in accordance with Islamic law. Highlights: Ineffective Teaching Methods: Predominantly traditional approaches lead to student disengagement and reduced comprehension. Language Challenges: Difficulties in understanding Arabic texts hinder students' ability to grasp complex concepts in faraid. Resource Limitations: Insufficient learning materials negatively impact the applicability and relevance of the knowledge acquired by students. Keywords: Faraid Knowledge, Islamic Boarding School, Learning Obstacles, Teaching Methods, Student Motivation

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

ISLAMIC FAMILY LAW ON POLYGAMOUS MARRIAGE IN MALAYSIA: BETWEEN ROSES AND THORNS

Marriage is a way of gaining a peaceful mind and soul, be it monogamous or polygamous marriage. This is the sweetness of marriage as enshrined by Islam. To achieve this wisdom, conditions laid down by the religion and legal requirements must be observed. Otherwise, a marriage may turn into a miserable and thorny life for couples, especially in polygamy. Thus, the purpose of this paper is to disseminate legal knowledge and refine the understanding about polygamous law in Malaysia. The central arguments of this study are two-pronged: (1) to deliberate on the Malaysian legal framework for polygamous marriage and (2) to discuss a crucial legal issue related to polygamy, namely cross-border marriage and its effects. The qualitative method of doctrinal legal research was employed to obtain and analyse primary and secondary data from various sources. It included examining the statutes and decided cases of the Syariah Courts, including reported and unreported cases. The relevant statutes studied were the Islamic Family Law (Federal Territories) Act 1984 and the Enactment of Islamic Family Law (Kedah Darul Aman) 2008. In substantiating arguments, data from e-Syariah Version 3 (ESV3) was used together with existing literature. The findings revealed that refusal or failure to comply with legal requirements pertaining to polygamous marriage may lead to cross-border marriage and its aftermath effects on the legality of the marriage, jurisdiction of the court, and the rights of wives and children in the context of law. Hence, the enforcement of existing laws on polygamy should be emphasised to control any abuse of power by a man to contract a polygamous marriage. More importantly, the laws and enforcement should be strengthened to protect the rights of the wives and children. Future research may focus on issues involving the rights of the wives and children of a polygamous marriage upon the death of the husband or father according to Islamic family law in Malaysia and its implementation.

THE ROLE OF JADIDS IN THE REFORM OF THE JUDICIAL SYSTEM IN TURKESTAN GOVERNORATE

This article examines the pivotal role of the Jadid movement in reforming the judicial system of the Turkestan Governorate during the late 19th and early 20th centuries. By establishing modern educational institutions and advocating for legal reforms, the Jadids sought to address the inefficiencies and injustices of the traditional judicial framework. Their engagement with both local communities and Russian authorities facilitated a hybrid legal system that integrated modern principles with Islamic law. Despite facing opposition, the Jadids' efforts laid the groundwork for future reforms and continue to influence contemporary discussions on justice and rights in Central Asia. ‎

Hak Perempuan dalam Amar Putusan Cerai Menurut Perspektif Maqashid Syari’ah pada Pengadilan Agama Kuala Tungkal Kelas 1B

This study discusses women’s rights in divorce decisions at the Kuala Tungkal Class 1B Religious Court based on the perspective of Maqashid Syari’ah. Women’s rights decided in divorce, such as iddah maintenance, mut’ah, child custody, and property division, are analyzed in terms of their suitability with the main objectives of Islamic law, namely protection of religion, soul, descendants, mind, and property (Maqashid Syari’ah). This research uses qualitative methods with the normative legal approach. to examine court decisions and how the laws applied reflect the principles of Maqashid Syari’ah. The results of the study indicate that divorce decisions at the Religious Court have considered women’s rights proportionally, although there is still room for further adjustment to be more in line with the essence of Maqashid Syari’ah, especially in terms of economic protection and gender justice. This study recommends the need to strengthen the integration between positive law and sharia principles to better guarantee women’s welfare after divorce.

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

Franchise in The Perspective of Islamic Contract Law

Background. The construction of an agreement based on Islamic Law must fulfill the principles of mu’amalah, the pillars (rukun) and conditions for the validity of the agreement, the provisions of the agreement and the prohibition of cooperating in committing a sin, and the ability of the parties to carry out legal acts. The valid condition of an aqad (agreement) is that the purpose of the agreement is fulfilled as the main consequence of an aqad. Aims. This article examines franchise business agreements according to the normative provisions of Islamic Law. Methods. Library research studies emphasize the legal aspects of franchises. Conceptual data are tracked on the internet with the keywords franchise and Islamic perspective and the results are analyzed descriptively. Results. Franchise is a form of cooperation agreement (syirkah) which provides special rights and authorities to the franchisee as the recipient. Franchise is a reciprocal agreement, because the franchisor as the franchiser and the franchisee, both are obliged to fulfill certain achievements. Franchise agreements are permitted according to Islamic Law because they are beneficial and do not contain elements that conflict with the concept and process of syirkah and fulfill the pillars of ijarah: ‘uqud (people who have aqad, namely the franchisor and franchisee), sighat ‘uqud (found during negotiations), ujrah (wages), and benefits (business).

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.

Analisis Penerapan Sistem Konsinyasi Menurut Hukum Ekonomi Islam pada Produk Jajanan Basah di Pasar Pagi Bandar Kabupaten Batang

This study aims to determine and analyze the application of the consignment system according to Islamic economic law on wet snack products in the Bandar morning market, and to analyze the role of the principles or basis of Islamic economic law in the marketing strategy of wet snack products in the Bandar morning market. This research uses qualitative research methods, the data used are primary data and secondary data, primary data obtained from interviews with market managers, snack traders and buyers, the analytical tool used is qualitative methods with the type of field research. The results of this study indicate that the practice of consignment contracts for wet snack products in the Bandar morning market in general, the contracts used in Islamic economics have fulfilled the pillars and conditions, because in the practice of consignment contracts, several pillars and conditions have been fulfilled in transactions including Shighat (memorization), Aqid (the person in the contract), Ma'qud alaih (commoditized goods). However, in its application related to Ma'qud alaih there are still a few that do not meet the requirements, the hawker traders have not fully implemented these terms and conditions in conducting transactions, because there are still many hawker traders who ignore the contract and do not record the administration of the consignment contract.

Sexual harassment among disabilities in Makassar City: An Islamic law perspective

The main objective of the research is to find out the risk of sexual harassment of persons with disabilities in Makassar City from the perspective of Islamic Law. This type of research is qualitative research (field research), with the research approach being theological-normative, sociological, and juridical. Primary data sources were eight subjects. The subjects were five women with disabilities, a psychologist, two social workers, and a religious figure. The secondary data is obtained through books, journal articles, government data, laws, fatwas, and research reports by utilizing libraries, online databases, and websites of related institutions. The data collection methods used are observation, interviews, documentation, and reference searches. Data processing and analysis techniques are carried out in three stages: data reduction, presentation/display, and conclusion drawing. The results of this study show, from an Islamic law perspective, that the protection of women with disabilities is supported by principles such as human dignity (al-Karāmah al-Insāniyah), equality (al-Musawah), justice (al-'Adalah), and freedom (al-Hurriyah). Islam underscores the importance of safeguarding and respecting the rights of all individuals, including those with disabilities. Islamic sanctions for sexual harassment can range from ta'zir (discretionary punishments) to had (prescribed punishments), depending on the severity of the offense. These Islamic principles align with human rights standards and provide a foundation for fostering a more equitable and secure environment for women with disabilities. The research implications include the development of an Islamic law-based protection system, raising social awareness, and establishing a support network to create a safe environment for women with disabilities.

Perspectives On The Use Of Qiyas Between Imam Bukhari And Imam Syafie

The issue of applying fiqh (Islamic jurisprudence) in today's society highlights the need for a method that can harmonize the adaptation of Quranic and Hadith texts with changing times. Qiyas (analogical reasoning) is considered effective, especially in addressing new and complex issues where clear guidance from the Quran and Sunnah is lacking. Without Qiyas, Islamic law would struggle to keep up with evolving customs and modern dynamics. Since Qiyas is one of the key method today, alternative approaches are needed to assist in forming ijtihad (independent reasoning) to resolve new legal issues. This study aims to explain the differences and similarities in the use of Qiyas in ijtihad by Imam Bukhari and Imam Syafi'e through a qualitative analysis of relevant books and articles. The findings reveal that Imam Bukhari's use of Qiyas was limited to Qiyas Jali (clear analogy), while Imam Syafi'e also favored Qiyas Jali and rejected Qiyas Khafiy (hidden analogy), aligning with Imam Bukhari's approach despite differences in their Usul Fiqh methods. This study provides a new perspective differences opinion on Qiyas, offering insights into its use in ijtihad and opening alternative opportunities from Imam Bukhari's perspective, which can be considered alongside Imam Syafi'e's approach in modern discussions of Islamic law.

أعراف الزواج لدى قبيلة الباجون: دراسة تحليلية فقهية

This study investigates the marriage customs of the Bajuni tribe, who reside on the eastern coasts of Africa in Somalia and Kenya. The tribe maintains a variety of customs and traditions, among which are distinct marriage norms such as 'astrological timing' to determine the most auspicious moment for wedding ceremonies. This study aims to explore the marriage customs of the Bajuni tribe. This study employed an inductive approach to achieve the objectives, gathering relevant literature and sources and conducting open-ended interviews with guardians, clan heads, and married couples. The findings revealed twelve instances of non-compliance with Islamic law, evaluated according to Islamic jurisprudence. This study concluded with a series of recommendations, most notably the organization of scientific seminars to educate the community about deviant customs that negatively impact individuals and society.

Application Of FMEA Method In Halal Risk Determination On Halal Poultry Slaughtering Operations

The importance of halal slaughtered chicken has become crucial in the era of globalization and complex supply chains. The rising awareness among Muslim communities regarding the integrity of slaughtered chicken products has led to a focus on adhering to halal compliance standards and Islamic law. This study aims to qualitatively analyze the halal risk points in chicken slaughtering operations, by using the Failure Mode and Effect Analysis (FMEA) method, in order to identify potential halal risks and ensure the integrity of halal chicken products. This qualitative study uses a analysis approach by examining secondary sources including journals, articles, guidelines and standards related to halal slaughtering process. In this study, seven Halal Risk Points (HRP) have been identified in the entire halal slaughtering process of broilers. Based on the results of the risk assessment through the FMEA method, each determined HRP will be assessed based on the severity, occurrence and detection rating scale. The final result of this study found that only six HRPs have a Risk Priority Number (RPN) value that exceeds 100. Therefore, corrective action recommendations are proposed to prevent any halal non-compliance from occurring on the process involved. Overall, the FMEA framework in this study is a new approach in guaranteeing the integrity of chicken slaughter products and is able to have a positive impact on the halal chicken slaughter industry players and also the implementers of the halal management system.

Divorce Bureaucracy in the Sharia Space: Examining Practices in Langsa City, Aceh

Divorce in the community is often understood differently between Islamic law, the State, and customary law. Each of these laws has a fundamental legal basis regarding the concept of divorce. The impact of differences in the legal concept of divorce results in different Muslim communities in the process of terminating marital relations. This research aims to examine further how the divorce bureaucracy in Indonesia affects the divorce process in the community. This paper results from an empirical study with a socio-legal study approach, this approach is used to review how divorce in society is practiced. Data was obtained from interviews with relevant parties. To strengthen the data and analysis, this research also uses several empirical research results and other important articles related to this paper. The results show that the divorce bureaucracy in Langsa City, Aceh still leaves problems caused by differences in viewpoints and interests so that divorce outside the court still occurs. The difference in perspective is based on the understanding that divorce is legal if it fulfills the provisions of Islamic law. On the other hand, people who are aware of the law have the view that divorce must be done before the court. The bureaucracy of divorce, which involves administration and the conditions that must be met, makes divorce considered complicated and takes a long time. Conversely, religious divorce does not require a long time and cost. In addition, the interest in a quick process without the need for an administrative process also influences the divorce bureaucracy. Non-judicial mediation at the village level is essential for reducing divorce rates and reducing divorce bureaucracy.

FUSING FAITH AND FINANCE VIA FATWA: THE FUTURE OF WAQF-TAKAFUL DEATH COMPENSATION PRODUCT AT FWD TAKAFUL BERHAD

The waqf-takaful concept involves channeling death compensation benefits from deceased takaful participants to selected religious institutions, thereby generating perpetual and sustainable waqf contributions. Despite recent challenges such as inconsistent implementation standards and management issues, some takaful operators in Malaysia have started to incorporate death compensation waqf into their offerings. Key players in this field, such as FWD Takaful Berhad, Waqaf An-Nur Corporation Berhad (WanCorp) and Yayasan Waqaf Malaysia (YWM), have significant potential for collaboration in advancing this product. This study aims to develop a waqf-takaful death compensation product for FWD Takaful Berhad, known as FATWA. This product integrates elements of death compensation waqf and takaful, combining the efforts of FWD Takaful with WanCorp and YWM to optimize takaful benefits. The study uses a qualitative approach, with data collected through focus group discussions involving academics in Islamic finance, waqf, law and marketing, as well as industry players from selected takaful companies in Malaysia, YWM and the Malaysian Takaful Association (MTA). The data were analysed using thematic analysis via ATLAS.ti software. The study found that waqf-takaful death compensation products, FATWA developed by FWD Takaful Berhad through WanCorp or YWM, have unique strengths. Both are competitive and capable of making significant contributions to the takaful and waqf industries, offering substantial benefits to the Muslim community as a whole.

Conflict And Consensus in Fiqh Siyasah: The Practice of Islamic Law Across Various Cultures

The Acehnese in various regions face the challenge of reconciling Islamic teachings with local cultural realities. Addressing religion-based conflicts is particularly difficult because local cultures often contain norms and traditions that differ from Islamic teachings. This research aims to explore how the dynamics of conflict and consensus in fiqh siyasah shape the cultural life of the Acehnese. The research consolidates previous studies using a Systematic Literature Review (SLR). The findings indicate that the practice of siyasah jurisprudence is highly relevant in fostering social solidarity and tolerance. Local traditions and customs hold deep significance for the Acehnese community; however, conflicts often arise due to differences in approaches and interpretations of Islamic law, leading to tension, mistrust, and suspicion among individuals. Presently, religion-based conflicts are mediated solely by Sharia courts, raising concerns as the prevailing consensus favors a socio-cultural approach. Such resolution methods generate diverse perspectives, as decisions made by customary institutions may not endure in a dynamic socio-cultural context. Although the Acehnese community firmly adheres to a culture-based approach, religious issues remain difficult to compromise. These findings imply a need for harmonization between local customs and interpretations of Islamic law to reduce conflict.

Perspective of Medan City Scholars on the Law of Wives who Demand Divorce from Husbands with Disabilities Due to Accidents

When a couple is legally married, both have their own rights and responsibilities. The husband, as the leader of the household, acts as the main protector. However, what if the husband loses physical ability due to an accident, so the wife sues for divorce? According to Article 39 of Law No. 1 Year 1974 and Article 110 of the Compilation of Islamic Law (KHI), divorce due to the disability of one of the spouses is allowed if it makes it difficult to fulfil household obligations. However, some Nahdlatul Ulama scholars in bahsul masail consider a wife who sues for divorce from a disabled husband as an act of nusyuz (defiance). This study aims to examine the views of Medan City scholars regarding wives who sue for divorce from husbands who become disabled due to accidents. This empirical research collected primary data from in-depth interviews with scholars in Medan. The results show that divorce is permissible if the husband's disability is severe and causes major impacts, such as abuse or neglect of the wife and children. In such cases, the husband's management responsibility is returned to his family.