Islamic Law Research Articles

Analysis of Inheritance in Kuntu Village: Perspective of Islamic Law and Local Traditions

The implementation of inheritance law in Indonesia is influenced by Islamic, customary, and western law. Entering the phase of independence, Islamic law has entered into a positive legal system in Indonesia, especially regarding inheritance law. The purpose of this writing is to discover the inheritance in Malay customs in Kuntu Village. This research is a qualitative descriptive research. This type of research uses a social phenomenological perspective. The data collection technique uses interviews. The data obtained will be critically analyzed. The conclusion of this study states that Kuntu Village is a village that is very thick with customs and upholds the belief in Islam. The inheritance law applied in Kuntu Village is a collaboration between customary law and Islamic law

Holistic classical interpretation: Analysis of Halal and Haram in Food made from processed fruit from the Qur'an perspective

Considering the importance of legal clarity regarding halal (permissible) and haram (forbidden) matters in Islamic law, especially concerning food consumption, and the growing popularity of processed fruit products among the community, this research becomes crucial to discuss. This holds significant relevance in the lives of Muslim individuals. While the Quran provides clear guidance on what halal and haram are, a holistic understanding of classical Quranic exegesis can offer a deeper and more relevant insight into the context of modern life. The analysis focuses on the processing of fruits, considering the materials and methods used. Evaluation is conducted based on the halal criteria outlined in classical exegesis. This research employs a literature review and Quranic exegesis analysis method to scrutinize the concepts of halal and haram in processed fruits from the perspective of the Quran, utilizing a holistic approach to classical exegesis. The expected outcome of this study is to contribute to Islamic literature and practice by integrating classical exegesis concepts into the understanding of halal and haram in processed fruit products.

Illegal Oil Drilling in the Theoretical View of Imam Ghazali

Illegal oil drilling is a phenomenon that is rampant in Indonesia and causes various negative impacts, such as environmental pollution, work accidents, social conflicts, and economic losses for the country. In Islam, every economic activity must take into account the principle of mashlahah put forward by Imam Al-Ghazali, which is to maintain the five main aspects of life (al-daruriyyat al-khamsah): religion (al-din), soul (al-nafs), intellect (al-aql), heredity (al-nasl), and property (al-mal). This study aims to analyze the practice of illegal oil drilling from the perspective of Imam Al-Ghazali's mashlahah theory to assess the extent to which these activities provide benefits or actually cause more damage (mafsadah). Through the conceptual approach and approach of Islamic law with the method of literature study, this study found that illegal oil drilling caused more mafsadah than mashlahah. This activity is contrary to the principle of life protection due to the high risk of accidents, damaging the environment that has a bad impact on future generations, and causing economic losses that harm the state and society. Therefore, from the perspective of mashlahah, illegal oil drilling cannot be justified and must be prevented through stricter policies, strict law enforcement, and economic empowerment of the community so that it does not depend on illegal activities

Memorizing Alfiyah as a Wedding Dowry fromthe Perspective of Maqashid Sharia

Background. The dowry changes according to social, cultural, and economic conditions. The use of Alfiyah memorization as part of the dowry can have a deeper meaning within the maqashid sharia framework. Aim. This study examines the concept of memorizing Alfiyah as a marriage dowry in maqashid sharia and its implementation. Methods. This literature review qualitatively attempts to understand social problems (dowry) holistically which are formed through detailed grammar. Library source data are analyzed qualitatively with the process of data reduction, data presentation, and drawing conclusions or verification. Results. Dowry in Islamic law is a gift from a man to a woman as part of the marriage process. Dowry has a deeper meaning than just material value. The type of dowry depends on the form, value, or characteristics of the gift. The memorization of Alfiyah as a dowry in the concept of Maqashid Syariah can be seen from its objectives, namely Hifz al-Din, Hifz al-Nafs, Hifz al-Aql, Hifz al-Nasl, and Hifz al-Mal. The implications of memorizing Alfiyah as a dowry can have different impacts depending on the cultural context, religion, and social views of the community.

Perbandingan Penetapan Yang Diberikan Oleh Hakim Dalam Menghadapi Permohonan Pembagian Waris Antara Ahli Waris Dan Pewaris Yang Berbeda Agama

The issue of inter-religious inheritance in Indonesia has emerged as a multidimensional challenge, which has multiple interpretations with a plurality of inheritance law systems. The decision of the Semarang Religious Court Judge, as reflected in the differences between judges in giving decisions, namely the comparison of the judge's decision in decision Number 190/Pdt.P/2019/PA Smg and decision Number 890/Pdt. P/ 2021 PA JS, marks an important turning point by emphasizing that divergence in religious beliefs can hinder the inheritance process, as stipulated in the Compilation of Islamic Law (KHI). However, the implementation of obligatory wills, which is recognized in jurisprudence Number 1/ Yur/ Ag/ 2018, offers a legal mechanism to overcome these restrictions, providing space for non-Muslim heirs to participate in the distribution of inheritance assets, although with certain restrictions, illustrating efforts to seek balance between adherence to Islamic doctrine and the principles of legal egalitarianism. The ideal conception regarding the distribution of inheritance assets to heirs of different religions from their heirs, as described in Jurisprudence Number 1/ Yur/ Ag/ 2018, shows significant progress in the practice of Islamic law in Indonesia. It recognizes existing social conditions where religious differences within families and wider society are a reality. The recognition of obligatory wills as a legal tool indicates efforts to adapt Islamic law to dynamic and heterogeneous social needs, offering valuable lessons about the law's ability to adapt and respond to the needs of diverse communities. Furthermore, this affirms the importance of the values of justice and equality before the law, in line with human rights principles which emphasize religious freedom and the right to inheritance as essential components of these rights.

Royalti Karya Seni Musik Sebagai Harta Bersama dari Perspektif Hukum Kebendaan Perdata dan Kompilasi Hukum Islam

This study aims to find out the legal perspective on civil law and the legal compilation of Islamic law in viewing the royalties on musical works as objects of joint property in marriage starting from the case in late 2023 of a musician sued by his wife in connection with the distribution of royalty on songs that have been created during marriage to be made equal to common property. This study uses methods of normative jurisprudential analysis with analysis of relevant legislative regulations and also previous research. The urgency of this research is that there is no law that clearly regulates that royalty can be used as joint property and ownership of its rights so that the laws in force at the moment can not respond and accommodate the needs of an increasingly dynamic society. Law as a non-final instrument will always be in a status of law in the making to adapt to the needs of society in its time. The results of this study indicate that the royalties on musical works still have the opportunity to be used as objects, in this case it is an object of joint property if referring to the theory of legal validity of Articles 499 of KUHPerdata and KHI especially Article 91(3) while keeping in mind the rights inherent in such musical works.

Legal Foundations of Regulating War and Peace in Islamic Law

Legal Foundations of Regulating War and Peace in Islamic Law

The History of Islam in Kashmir: A Special Focus on Sufi Saint Shaikh-ul-‘Āalam’s Socio-religious Impact on the Kashmir Valley

This paper explores the rich history of Islam in the Kashmir Valley, with a particular focus on the socio-religious impact of the revered Sufi saint Shaikh-ul-‘Āalam It traces the early Islamic presence in Kashmir, shaped by figures like Hazrat Bulbul Shah and Hazrat Shah-i-Hamdaan, and explores the unique integration of Islam in the region, distinct from other South Asian experiences often marked by conquest and trade. The study highlights key milestones, including the pivotal role of Sufi missionaries in embedding Islamic practices and laws. Central to the paper is the transformative influence of Shaikh-ul-‘Āalam, whose teachings and poetry addressed social justice, ethical reform, and environmental consciousness while promoting Islamic monotheism. His engagement with indigenous traditions, particularly the Rishi order, further enriched Kashmir’s spiritual and cultural landscape. Utilizing a library or literature study research methodology, the study relies on secondary data and thematic analysis to critically explore Shaikh-ul-‘Āalam’s enduring legacy. The findings highlight his pivotal role in fostering a harmonious and inclusive society, emphasizing his lasting impact on Kashmir's religious and cultural identity.

Pemikiran Hukum Islam Perspektif Yusuf Al-Qardawi

Yusuf al-Qardawi's Islamic legal thought is a form of contemporary ijtihad that emphasizes the elasticity of Islamic law and the principle of religious moderation (wasathiyyah). The background of this study is based on the need for Muslims to understand Islamic law in a more flexible context and relevant to changing times. Al-Qardawi proposed a legal approach that is not only based on texts alone, but also considers social, economic, and cultural aspects. The purpose of this study is to analyze the concept of elasticity of Islamic law according to Yusuf al-Qardawi and how this principle is implemented in various aspects of life, such as Islamic economics, family law, politics, and criminal law. In addition, this study also examines the role of moderation in religion as a solution to extremism and radicalism that often arise due to an understanding of Islam that is too rigid or liberal. Previous studies have shown that many studies have discussed al-Qardawi's thoughts from the aspects of Islamic law, sharia economics, and Islamic politics. However, this study focuses more on the integration between the elasticity of Islamic law and the concept of moderation that characterizes al-Qardawi's thoughts. This study fills the research gap by offering a comprehensive analysis of the relevance and application of these concepts in a contemporary context. The research method used in this study is a qualitative method with a descriptive-analytical approach. Data were collected through a literature study of Yusuf al-Qardawi's works, scientific articles, and other relevant secondary references. The analysis was conducted by examining how the concepts of Islamic legal elasticity and religious moderation are applied in various aspects of life. The results of the study show that Yusuf al-Qardawi's Islamic legal thinking has made a major contribution in presenting Islamic law that is more adaptive and relevant to the conditions of modern society. The concept of Islamic legal elasticity that he developed opens up a wide space for ijtihad so that Islamic law remains contextual and provides solutions to the problems of the people. The religious moderation that he promotes is also an important foundation in building a more inclusive and tolerant understanding of Islam.

Marriage Fear in Woman Who are Fatherless Perspectives of Islamic Law and Family Psychology

Many fatherless women experience anxiety about marriage, which causes many women to marry at a very mature age. Marital anxiety can arise due to difficult past experiences, repeated feelings of worry, and, worst of all, not trusting other people, especially those of the opposite sex. This can give rise to various conflicts both for yourself and when you have a partner later. Regarding commitment, uncertainty about the future, and repetition of bad relationship patterns are the beginnings of various problems that become a stronghold for self-defence. Many of them choose to live without having relationships with the opposite sex. This article aims to explore the anxiety of women who experience fatherlessness, both in terms of the factors that cause them to choose to live single longer and even choose not to marry. This seems very warning to others, especially from the perspective of Islamic Law and Family Psychology. In this article, it is intended that anxiety about marriage will be reduced a little, although not completely, but just a little bit of their approach will also think about how the world should continue. This research uses descriptive qualitative research methods with semi-structured interviews and unstructured observations focusing on the criteria for women aged 20-35 years and relying on journal articles, literature and online magazines as other supporting media. The results of this article can be concluded that the four subjects who had marriage anxiety had reasons including factors related to non-hormonal family background, past experiences, social expectations and environmental pressure, uncertainty about partners, emotional and mental readiness, and demographic factors that made them afraid of having a serious relationship. In this article, it is found that anxiety tends to appear as a form of wrong self-protection, apart from that, families, the environment, and academics and practitioners are expected to design more effective support programs, especially for couples who want to continue their relationship in a more serious direction, providing a comfortable and safe space.

Responsibilities and Authorities of External Directors in Family-Owned Companies: A Legal and Islamic Perspective

Family businesses account for 72% of enterprises in Indonesia, many of which operate as Limited Liability Companies (LLCs) to gain legal and financial flexibility. However, a significant governance problem arises when appointing external (non-family) directors; the boundaries of their authority and fiduciary responsibilities are often unclear. This ambiguity leads to legal disputes and diminished strategic roles, especially under the dominance of controlling family members. This study examines the boundaries of external directors' responsibilities in family-owned LLCs through the lens of Islamic law and normative jurisprudence. This qualitative research employs normative legal analysis and Islamic law, using academic literature, legal documents, and classical Islamic texts to explore authority within Limited Liability Companies and analyze using a qualitative descriptive approach. The findings indicate that although Law No. 40 of 2007 regulates fiduciary duties and the ultra vires principle, external directors remain vulnerable to the dominance of family owners. From an Islamic perspective, external directors are regarded as trustees who must uphold honesty (ṣidq), trustworthiness (amanah), and justice (‘adl). The study proposes four key solutions: clear articles of association, protective contracts, independent supervisory boards, and Sharia Advisory Boards. These offer a governance model rooted in legal certainty and Islamic ethics, contributing practical insights for regulators, business owners, and directors in Muslim family enterprises.

Haunting the Historiography of Slaves in South Asia from the nineteenth century to the present

ABSTRACTUsing both English and Urdu‐language records, this article traces the career of a few African and Afro‐Asian women slaves in the household‐state of Awadh during the first half of the nineteenth century. Focusing on the same records, this article compares a master‐poet's recognition of the motherhood of the African and Afro‐Asian slaves to the treatment of other slave‐mothers. It then moves to analyse British official necropolitics towards the elderly African‐Asian women, who were either manumitted by death or by deed and lived in mid‐century Lucknow. British disregard for Islamic Laws of wala and obligations of senior mawla (patrons) towards these elders continued to shape the historiography of slavery until the present.

Criminal Legislation and Women in Sexual Assault Cases: Justice or Victim Blaming?

Sexual assault is a critical social problem with extensive ramifications that deeply affect and displace models of women (Alfadhel, Fouda, & Awny, 2024). Not only does it have an impact on their physical and emotional health, but also on their sense of safety, autonomy, and ability to participate in society fully. This study offers a comparative analytical account of criminal legislation on sexual assault crimes because it intends to catch the actual role of such laws in the process of justice and the protection of the rights of women as victims or, on the contrary, in the blame they get from such crimes. It examines the relationship between legal provisions and societal culture and how, in turn, this affects the judiciary and society's treatment of women who are the victims of such crimes. But the fact is that while criminal laws are meant to protect rights and uphold the dignity of human beings, most legal systems do not have adequate laws to protect victims and what they have is often victim blaming" (Independent Office for Police Conduct [IOPC], 2024) This research highlights the ways in which cultural and social factors can affect the enforcement of legal provisions, resulting in victim blaming rather than the delivery of justice. It also deals with the influence of these cultural factors upon judicial processes and damage to justice in crimes against women. This study also incorporates a comparative overview between Sharia Islamic law and some Western and international legal systems to identify some legislative and cultural gaps that could prevent the realization of justice. The research seeks to provide legal and social solutions to amend the prevailing conditions and to reinforce the legal protection of women through legal amendments. It also features social awareness mechanisms that support judicial neutrality and work toward the realization of justice.

An Argument About the Realism of Legal Propositions Based on Islamic Philosophy

Islamic law, as a science, is deeply rooted in rational perception and practical reason, giving it a philosophical structure distinct from modern law. This distinction lies particularly in its metaphysical conception of reason, which ties Islamic law to theology in a metaphysical sense. Unlike modern law, which often reduces legal obligations to political or theological domains, Islamic law bases its framework on a reasoned understanding of “dos and don’ts.” These imperatives are derived from necessity, defined through factual subsistence (thubūt nafs al-amrī) and veritable propositions (qaḍāyā ḥaqīqiyya), rather than simple factual statements (“is and isn’t”). Consequently, Islamic law is considered a realistic science, with its realism stemming from subsistence rather than topical or external determinations. This non-deterministic realism sets it apart from contemporary legal systems, underscoring a fundamental difference in their philosophical foundations.

Thrifting Practices as a Form of Sustainable Fashion in Indonesia: A Fiqh Muamalah Analysis

The practice of thrifting (buying and selling second-hand clothing) is gaining popularity in Indonesia but still faces challenges from Islamic law and environmental sustainability. Ideally, this practice can support the principles of sustainable fashion and meet the requirements of fiqh muamalah. However, some thrifting practices involve illegal imported goods that harm the local industry and violate the provisions of buying and selling. This study aims to analyze the compatibility of thrifting practices with the principles of fiqh muamalah and their impact on environmental sustainability. This article falls under qualitative library research. The methodology used is normative legal study. The research findings show that the sale and purchase of second-hand clothing in thrifting is permissible (mubah) as long as it meets the conditions and requirements of a valid transaction and does not contain harmful elements. If defects in the goods are not disclosed, the transaction becomes invalid, and khiyar (option to cancel) must be exercised. This practice also supports environmental sustainability by reducing textile waste, but it is prohibited if it involves illegal imported goods that contradict national policies and hinder the growth of the local industry.

:Wives and Work: Islamic Law and Ethics before Modernity

:<i>Wives and Work: Islamic Law and Ethics before Modernity</i>

Application of Shia Islamic Law in Contemporary Legal Systems

Despite the growing interest among comparative legal scholars in Islamic law, the application of Shia Islamic law remains an overlooked area within the field of comparative law. This article addresses this gap by offering a classification of contemporary national legal systems according to their incorporation of Shia Islamic law. The analysis begins with secular legal systems in countries with significant Shia populations and progresses to those jurisdictions where Shia Islamic law is officially recognised. Through this examination, I define the historical, cultural, and political contexts influencing the application of Shia Islamic law and assess how and to what extent these states implement Shia Islamic rulings, incorporating case studies to illustrate varying degrees of application.

The Edges of Clinical Pharmacology: A Narrative Review on Religious and Sociocultural Influences in Drug Management.

Scientific advancements in pharmacology have revolutionized disease management, significantly enhancing global health. Innovations like biological therapies and mRNA vaccines underscore the field's capacity to address complex conditions and global crises. However, significant challenges remain, including individual biological variations and ethical, cultural, and religious barriers, which complicate treatment access and equity. This review explores these global barriers, emphasizing the intersection of pharmacology with diverse cultural contexts. Religious beliefs often shape attitudes toward treatments. For example, fasting during Ramadan requires careful adjustments to diabetes management protocols, while Jehovah's Witnesses' refusal of blood transfusions necessitates alternative solutions like hemoglobin-based oxygen carriers and cell-saving devices. In Africa, cultural resistance to blood sampling impacts disease diagnosis and therapeutic drug monitoring, highlighting the need for culturally sensitive healthcare strategies. Dietary restrictions rooted in religious practices, such as Kashrut and Halal, further complicate drug formulation. Medications containing animal-derived ingredients may be rejected, necessitating plant-based or certified alternatives. Emergency exceptions in Islamic and Jewish law provide some flexibility, but overall, these challenges underscore the necessity of innovative solutions to ensure inclusive healthcare. This narrative review advocates for an equitable approach to pharmacological research and clinical practice, emphasizing the importance of dialogue and cultural awareness. By addressing ethical dilemmas and respecting diverse traditions, pharmacology can better serve global populations, bridging gaps between modern medicine and cultural values. The review calls for tailored strategies that uphold both medical efficacy and cultural sensitivity to advance healthcare equity worldwide.

An Islamic Criminal Law Perspective on the Misuse of Subsidized Fuel: Case Study of Decision No. 116/PID.B/LH/PN PSB

This study examines the legal considerations used by the Panel of Judges in imposing criminal sanctions on the defendant in Decision No. 116/Pid.B/LH/2023/PN Psb regarding the criminal act of misuse of government-subsidized fuel trading. Although Article 55 of Law Number 22 of 2001 on Oil and Gas stipulates a maximum penalty of six years in prison and a fine of up to Rp60,000,000,000.00, the defendant was only sentenced to six months in prison and fined Rp50,000,000.00. This study aims to analyze the judge's rationale for imposing the sanction and to examine the verdict from the perspective of Islamic criminal law. This research employs a qualitative approach using a case study method. Primary data was obtained through direct interviews with judges at the West Pasaman District Court, while secondary data was collected from books, journals, legislation, and Islamic legal sources such as the Qur’an and Hadith. The findings indicate that the judge's considerations in sentencing were based on the elements of the criminal act under Article 55 of Law No. 22 of 2001 jo. Article 55, paragraph (1) of the Criminal Code, available evidence, and aggravating and mitigating factors. Additionally, the judge considered consistency with previous decisions that have permanent legal force to prevent sentencing disparities in similar cases. From the perspective of Islamic criminal law, the defendant’s actions fall under jarimah ta'zir as they constitute an unlawful act that does not fall within hudud or qisas. While the act could be linked to the concept of al-baghyu (rebellion), the absence of violence or weapon use classifies the punishment under ta'zir, allowing the judge discretion in determining the appropriate sanction.

Analisa Tradisi Pernikahan Siji Jejer Telu Ditinjau dari Fiqih Munakahat dan ‘Urf

This study aims to examine the view of fiqh of marriage (fiqh munakahat) and the principle of ‘urf regarding the prohibition of the siji jejer telu marriage, as well as to understand the community's perspective on this prohibition in Desa Carangrejo, Kecamatan Sampung, Kabupaten Ponorogo. The research method used is qualitative descriptive. The data collected by the researcher comes from interviews, observations, and documentation. The results of the study show that most of the people in Desa Carangrejo, Kecamatan Sampung, Kabupaten Ponorogo still believe in the prohibition of the siji jejer telu marriage with the aim of avoiding several negative consequences that are believed to occur if the prohibition is violated. This belief is based on the source from one of the community leaders, Mr. Sukar. In fiqh munakahat, there is no prohibition on marriage based on birth order, such as the siji jejer telu marriage. Islam stipulates that if the essential elements and conditions of marriage are fulfilled, the marriage is considered valid. However, if any of the conditions are missing, the marriage is considered invalid because it does not meet the necessary requirements. The siji jejer telu marriage tradition falls into the category of incorrect customs or ‘urf fasid, as this belief contradicts and is inconsistent with Islamic law (syariat).