Islamic Law Research Articles

Syarat Wajib Saksi dalam Perceraian dalam Tinjauan Maqashid Syariah, Mempertimbangkan Pandangan Fuqaha dan Mufassir

Marriage in Islam is a sacred and strong bond that aims to maintain self-respect and create a harmonious family life. Islam pays great attention to preserving marriage and preventing rifts that can destroy family harmony. However, in conditions that cannot be maintained, Islam regulates a way out through divorce with wise provisions, including the requirement for witnesses. There are differences of opinion among scholars regarding the requirement of witnesses in divorce. Some scholars do not require witnesses in divorce, while others consider it mandatory. This article examines the background of these differences of opinion and then provides an analysis using the ushul fiqh and maqashid sharia approaches. This approach focuses on a deep understanding of the existing evidence and the use of evidence by scholars to support their opinions. By understanding the concept of maqashid sharia, we can see that the presence of witnesses in divorce is in line with the objectives of Islamic law and provides legal certainty. The obligation to have witnesses in divorce, as also stated in Indonesian Family Law, is a stronger view in maintaining justice and ensuring protection for all parties, especially in dealing with the impact of divorce on children and families.

The legal politics of Islamic bioethics: drunk driving and the reconfiguration of privacy in the modern Gulf

ABSTRACT Science and technology have been long-standing dimensions of the political legitimation of monarchic, shaikhly and imperial rule in the modern Gulf. Scientific development has been supported by attendant sociotechnical imaginaries, but these imaginaries have not been without fissures or contradictions. In the modern Gulf sheikhdoms, sociotechnical imaginaries were fashioned at the intersection of local, regional, and imperial processes. A range of actors participated in these contestations, drawing on shifting cultural ideas about human frailty and progress, continuing social and economic exchanges across the Arabian Peninsula and the Indian Ocean, and varying experiences of imperial constraint and possibility. This article examines how Islamic legal actors in Qatar shaped sociotechnical contestations in the course of the twentieth century. Focusing on medical technology and the problem of drunk driving in the 1960s, I show how Islamic procedural law became connected to new regimes of expertise and modern forms of power inextricably tied to the Qatari nation-state. I suggest that the Islamic legal concepts mobilized by the ulama, which initially served to protect a space of Muslim privacy against technological anonymity and the regulatory ambitions of the modern state, became increasingly unintelligible as the expansive logics of state bureaucracy were adopted and naturalized.

The Message Of Da'wah In Films And Criticism Of The Concept Of Reincarnation

The concept of reincarnation is often a controversial topic because it raises deep theological debates. Film, as a mass communication medium, has the potential to spread thoughts or beliefs, including reincarnation. One of the films that raises this theme is Along With Gods 2: The Last 49 Days, a production work from South Korea. Seeing the potential negative impact of the concept of reincarnation on Muslims, this study aims to analyse and criticise the concept based on the teachings of Islamic law—qualitative method with Charles Sander Peirce's semiological approach. The data obtained from the film were analysed using Peirce's semiotic theory through the analysis of the concept of trichotomy. The results of the study showed that there were 25 scenes related to reincarnation in the film, of which eight messages of faith and three moral messages were found that contained da'wah values. Criticism of the concept of reincarnation is based on its irrationality and contradiction with Islamic teachings. In Islam, resurrection is believed to occur on Yaumul Ba'ats, the day of resurrection to account for charity, and not in the form of rebirth in the world as depicted in the concept of reincarnation.

Analisis Hubungan antara Penguasaan Ushul Fiqh dan Tingkat Pemahaman Materi Fiqh di Semester VII Ma’had Aly Imam Bukhari

This study was conducted to analyze the relationship between the mastery of Ushul Fiqh and the level of understanding of Fiqh among seventh-semester students at Ma’had Aly Imam Bukhari. Ushul Fiqh is a crucial discipline in Islamic law studies, as it serves as a foundation for understanding and applying Islamic legal rulings. Therefore, the aim of this research is to determine whether mastery of Ushul Fiqh significantly contributes to a deeper understanding of Fiqh. This research uses a qualitative method with a descriptive approach. Data was collected through in-depth interviews with several seventh-semester students studying both Fiqh and Ushul Fiqh. Thematic analysis was used to explore the relationship between mastery of Ushul Fiqh and the understanding of Fiqh. The results show a significant relationship between the mastery of Ushul Fiqh and the understanding of Fiqh. Students with a strong grasp of Ushul Fiqh were able to understand Fiqh terms more easily and had better analytical skills in evaluating various scholarly opinions. In conclusion, the mastery of Ushul Fiqh positively contributes to a better understanding of Fiqh. Thus, improving the teaching of Ushul Fiqh is expected to enhance students' comprehension of Fiqh and improve the quality of Islamic education in academic institutions.

The Challenge of a Ghoib Divorce Lawsuit: An Analysis of a Court Decision and Legal Implications in Indonesia

This research aimed to analyze the legal basis and considerations of judges in deciding ghoib divorce cases and their legal consequences for the parties involved. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that in deciding ghoib divorce cases, the Panel of Judges considered various aspects balanced, including the reasons for divorce given by the plaintiff and witness testimony. The judge made the appropriate decision by verstek, granting the ghoib divorce lawsuit and imposing talaq one ba’in sughra. The legal consequences of ghoib divorce refer to Article 119 of the Compilation of Islamic Law, which regulates talaq ba’in sughra, while Law Number 1 of 1974 and the Civil Code only regulate the legal consequences of divorce in general. Therefore, it is recommended that judges consistently adhere to the principles of justice and caution when handling ghoib divorce cases. Married couples must realize that disappearing without a trace is not a wise solution and will only complicate problem-solving. Divorce should be pursued as a last resort after all efforts to maintain the household have failed. Furthermore, the government needs to create more transparent and comprehensive rules and guidelines regarding the ghoib divorce trial process in Religious Courts to avoid legal uncertainty and ensure the protection of all parties’ rights.

EXAMINING THE CURRENT PRACTICE OF GOVERNANCE IN ZAKAT IN A MUSLIM MINORITY COUNTRY: THE CASE OF SRI LANKA

Zakat constitutes one of the pillars of Islam and religious practice in Islam aimed at supporting those in need. It also plays a major role in contributing to the socioeconomic development of society. To achieve efficient zakat management, institutions must focus on strong governance and proper management practices. This focus is essential due to the institution’s responsibility to manage effectively and provide transparent information to the public. Therefore, to meet stakeholder needs, non-profit organizations must prioritize governance. In Sri Lanka, the absence of specific laws or regulations governing zakat practice such as the Marriage and Divorce (Muslim) Act, the Muslim Intestate Succession Ordinance, and the Muslim Mosques and Charitable Trusts or Wakfs Act has led to a need for examination of current governance practices related to zakat collection and distribution. This study explores these practices and highlights how applying governance principles can help achieve the objectives (Maqasid) of zakat management in Sri Lanka. The research employs a doctrinal analysis of primary and secondary data, including statutes, practices, journals, and reports. Additionally, the study analyzes current zakat management practices through interviews with five respondents, including zakat practitioners and Shari’ah scholars, using thematic analysis. The findings reveal several issues: the causes of inefficient governance in zakat management, theoretical and practical problems with existing practices in Sri Lanka, gaps in the zakat governance framework, and conceptual and management deficiencies within zakat institutions. The study recommends developing a new governance framework for zakat management. This should include modern rules and practices based on Islamic law, staff training in fundamental Islamic knowledge, improved internal and external audit processes, and increased awareness among managers, donors, beneficiaries, and members of society.

To Bequeath or not to Bequeath? A South African Law Analysis of the "Problematic Areas" Found in the Islamic Law of Intestate Succession

The fairness of the Islamic Law of compulsory succession remains a heavily contested issue all over the world. Frequently debated topics, referred to in this article as the "problematic areas", include the 2:1 division of inheritance in favour of the male, the disqualification of a child born out of wedlock and the exclusion of an adopted child from the Islamic intestate inheritance equation. This equation is found in the primary texts of the religion of Islam i.e., the Holy Qur'ān and Prophetic teachings. These texts contain a formula dictating how the assets in a deceased person's estate should devolve, with individual freedom of testation limited to only a third of the net estate. The position followed in South African law is vastly different to the aforementioned. This article focusses on these so-called problematic areas found in the Islamic law of intestate succession. Part One of this article demonstrates these differences through the use of a hypothetical scenario involving person X. This hypothetical scenario includes an investigation of all three "problematic areas" mentioned. The article further progresses to uncover the rationale for each of these principles. The concluding section of this article provides recommendations on the lawful remedies available to Muslim testators wanting to create a more equitable distribution.

Building A Sharia Entrepreneurial Ecosystem Through Halal Value Chain for MSMEs

Independent entrepreneurs promise certain material benefits if the entrepreneur succeeds in running the business. Sharia business and economic patterns are still a big challenge and opportunity to be implemented in Indonesia. Creating a sharia-based entrepreneurial ecosystem is very important for MSME players to be aware of so that they can optimize the business they run according to Islamic law and God's provisions. This halal value chain is a sharia economic sector that plays an important role in economic progress in Indonesia. However, for Indonesia, halal is an economic potential that has not been exploited optimally. One thing that supports building a sharia entrepreneurial ecosystem and is able to increase sales value is by carrying out halal certification on the products it makes. The Community-Based Empowerment Partner in this activity is UMKM Wijayakusuma Sejati assisted by Jatisawit Village Bumiayu Brebes. The aim of this service is (1) to provide partner knowledge in creating a sharia-based entrepreneurial ecosystem and mentality, (2) to provide production and marketing knowledge, (3) to provide business capital management competence, (4) to provide knowledge about production and marketing, management competence business capital, bookkeeping and preparation of financial reports, and (5) facilitating halal certification for Wijayakusuma Sejati MSME products. This training is needed for traders to create a sharia entrepreneurial mentality and halal certification based on the halal value chain so they are able to manage their business well, create a brand image for their products, and increase sales significantly.

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.

Studi Komparatif Terhadap Pelaku Main Hakim Sendiri (Eigenrichting) yang Menyebabkan Kematian Menurut Hukum Pidana Islam dan Hukum Pidana

The act of vigilantism in Dutch Eigenrichting is an arbitrary act carried out by the community against the perpetrator of a crime by torturing, beating, and even burning the victim which causes injuries and death. This act of taking the law into your own hands has become an act that continuously occurs in people's lives. This action creates new problems and also violates human rights where perpetrators of crimes have the right to receive defense by the authorities and be punished according to established regulations. In Islamic criminal law (jinayah) the act of taking the law into your own hands is included in the act of semi-intentional murder (al-qatl Syibh al-'Amd) where the sanctions for this act are diyat, kiffarat and additional punishment. In positive criminal law, the Criminal Code explains in articles 351-358 about abuse and the forms of this act. The problem in this research is the determination of the sanctions for vigilantism perpetrators in Islamic criminal law and positive criminal law, as well as the distinctions between the two legal systems. A normative method is employed in this research, which involves the examination of books, scientific works, and legislation that are pertinent to the issue. This research discusses “how the firmness of law in Indonesia regulates perpetrators of vigilante actions that cause death, and a comparison with Islamic criminal law which is the majority religion in Indonesia”.

Features of the methodological views of Rizaetdin Fakhretdinov (1859-1936) on the concept of ijma‘

This article is devoted to the study of the nature and essence of one of the fundamental sources of Islamic Law - ijma‘ in the methodological views of the Qadi and the Mufti of the Central Spiritual Administration of Muslims of Russia Rizaetdin Fakhretdinov (1859-1936). The conceptual features of Fakhretdinov’s characteristic views on the nature of ijma‘, its essence, the conditions of its emergence and the specifics of its practical adaptation allowed him to raise important questions regarding the competence of participants making a consolidated decision, the categoricalness and duration of the legal force of such decisions. His views on the institutionalization of ijma‘ may indicate the presence of regional competence of ijma‘ representatives. The study of ijma‘ was carried out on the basis of an analysis of Fakhretdinov’s views with the views of classical methodologists (usuliyyun), during which the author attempts to substantiate them within the framework of Hanafi methodological thought. The article is intended to make a modest contribution to the study of the nature of ijma‘ and its role in the religious and legal life of Muslims. The nature of the article is also on rethinking the assessment of the classical heritage of fiqh, the development of a critical and practice-oriented approach in individual and collegial forms of the methodology of fatwa creation. Moreover, the paper means to attract the attention of modern researchers in the field of methodology to these issues within the Islamic Law.

BSFL As Alternative Halal Animal Feed

Black soldier fly larvae (BSFL) as a bioconversion agent in converting organic waste into nutrient-rich biomass makes it a valuable alternative and sustainable protein source for animal feed formulation, addressing the high cost of traditional protein sources. Despite its nutritional benefits, the halal status of animals fed with BSFL is primarily concerned due to the impurity of larvae consumption. This study discusses the halal implications of feeding livestock with BSFL according to the Islamic jurisprudence. Findings suggest that animals predominantly fed with BSFL could be classified as al-Jallalah as feed of these animals are filth, requiring a quarantine process to eliminate any unpleasant effects on the animal’s meat or milk. If these effects are removed, the animals are permissible for consumption. The study concludes that while BSFL consumption is forbidden for mankind, its use as animal feed is permissible under the Islamic law, with necessary precautions are taken to maintain the halal status of the animals.

Simbolik Geometri Dalam Catan Sulaiman Esa Melalui Prinsip Seni Islam

This paper explains geometric motifs through Islamic aesthetic point of view in the painting Garden of Mystery VI (1992) by Sulaiman Esa. Islamic art prescribes the whole way of life and all the activities that humans carry out in syumul (complete togetherness), including in the study of art. Islamic art is one of the advances in the civilization of the Islamic world and geometry is among the three motifs of Islamic art that are highly praised by the world community apart from calligraphy and Arabes. Islam has established those religious aspects play an important role in determining the basis and foundation to produce an element in the arts. It can be identified in geometric motifs through shape, meaning and symbolism that tend to have the concept of ‘Shari'a’. The main purpose of the study was to identify the types of geometric motifs and patterns in the painting artwork Garden of Mystery VI (1992). Explore the relationship between formalistic aspects of Islamic art and aesthetics through the production of Sulaiman Esa's paintings. This study also aims to see the aesthetic value of Islam which involves the pronunciation of symmetry in the context of mathematical culture. The written and visual data collection methodology in this study uses a qualitative approach that involves the design of case studies based on fieldwork empirical data obtained. Methods of observation, documentation and visual recording were used for the collection of research information. The findings of the study show that geometric motifs are decorations in Islamic art that comply with Islamic law and have their own privileges. An understanding of the form, purpose, philosophy, concept and purpose of geometric design application should be applied in Islamic painting artwork to form Islamic images and identities. Once again guide Islamic painters to internalise, understand and try to stimulate painters to dignify the true motives of Islam.

Kajian Kritis Tradisi Nyongkolan dalam Perkawinan Adat Lombok Perspektif Urf

The practice of Nyongkolan in traditional marriages of Lombok people has been in the spotlight because it causes traffic jams, drinking alcohol, and causes brawls. This study aims to examine the current Nyongkolan tradition and its suitability with Sasak characteristics and Islamic teachings from the perspective of 'Urf. The research method uses qualitative research with data collection through observation and documentation. The data analysis method uses Miles and Huberman data analysis through the stages of data reduction, data presentation, and conclusion drawing. The results showed that basically in the view of 'Urf the implementation of Nyongkolan is allowed as long as it does not conflict with Islamic law. In the beginning, the Nyongkolan tradition was carried out to take the newlyweds to the female family's house and announce the girl's marriage in the hope that no one would disturb the two brides because they had entered into a legal marriage. The practice of Nyongkolan becomes haram when it is accompanied by erotic dancing, drinking alcohol, and brawls because it is contrary to Islamic teachings.

Child custody after a divorce in Islam and in Russian legislation (comparative analysis)

The article describes the negative consequences that result from the lack of a competent approach to solving the problem associated with determining the right to care for minor children after parental divorce. The main focus is on explaining the most important norms of Islamic family law, and Russian legislation in matters of the right to care for the children in the event of parental divorce. A comparative analysis is carried out between these norms, indicating points of contact and differences. The purpose of the study is to reveal the problem related to the right to care for the minor children that Muslims in the Russian Federation face during the divorce proceedings. The author, in this article, draws attention to the fact that due to some differences in these legal norms, Muslims may have difficulties associated with the desire to simultaneously comply with the rules of their religion in the legal field and not violate the provisions of Russian law. The author also discloses the ways out of the current situation, combining, where possible, the rules of law of the both approaches. The scientific novelty of the paper lies in the very study of the key problems that Muslims in Russia face in the matters related to the divorce process, in particular, regarding the right to care for the children after their parents’ divorce. The research provides the comparative analysis between the norms of Islam and the rules of the Family Code of the Russian Federation on the matter. As a result, it was determined that the Muslim community needs to know and study both the norms of Islamic Law regarding the right to care for the minor children after a divorce, and the position of Russian legislation. It is very important to learn how to combine these norms. Also, in case of a dispute, such issues should be addressed to the qadi. It will help you avoid mistakes and determine who has the priority right to care for the children.

Konsep, Batasan dan Implementasi Penalaran Istislahi dalam Penerapan Hukum Keluarga Islam di Indonesia

New issues and phenomena that require legal certainty also develop along with the development of the times and the social context. The Qur'an and Sunnah, which only contain legal issues implicitly, require mujtahids to dig up the law with several methods, one of which is maslahah mursalah or istislah. This research tries to explore matters related to istislahi reasoning, starting from the concept, and limitations, to its implementation in the application of Islamic family law in Indonesia. This research uses a descriptive method with a critical review. The research results show that maslahah mursalah is basically based on preserving the purpose of syariah by taking benefits and rejecting harm (mafsadah). The limitations of this maslahah are: it is not merely conjectural so that it must produce benefits and reject harm (mafsadah), it is general, and it does not conflict with the principal rules of syara'. Thus, the application of the istislahi method in the formation of law is very necessary to face new problems and phenomena that require legal certainty.

Islamic commercial law in action: a look into AAOIFI’s Sharīʿah standard on Waqf

Purpose The purpose of this paper is to analyse the Sharīʿah Basis of AAOIFI’s Sharīʿah Standard No. (60) – “Waqf” and gain an insight into the Islamic jurisprudential schools of thought depended on while drafting/issuing the standard. Design/methodology/approach This research uses a qualitative methodology and AAOIFI’s Sharīʿah Standard No. (60) – “Waqf” as a case study. This is referred to as a single/holistic case study design. Findings The findings of this study reveal that while AAOIFI’s Sharīʿah Standard No. (60) – “Waqf” did depend on the Maliki school of fiqh, it certainly referenced other jurisprudential schools of thought, such as Ḥanafī and Shāfiʿī schools of law. This raised a question of legal pluralism and how contemporary Sharīʿah jurisconsults are able to select rulings within particular Islamic jurisprudential schools to fit current needs and for the overall betterment of society. Research limitations/implications This research does not delve into the technical aspects of AAOIFI’s waqf standard (furūʿ al-fiqh), but rather, is limited to understanding the basis of rulings therein and the jurisprudential schools of thought heavily depended on. Originality/value Given that the (revised) AAOIFI waqf standard is relatively new, limited studies have been conducted particularly focusing on the basis of Sharīʿah rulings therein. This research contributes to knowledge by providing one of the starting points to deliberate on this matter.

Pendanaan Pembangunan Ekonomi Indonesia Melalui Sukuk Negara Ritel

Sukuk Ritel (SR) is one of the sovereign sukuk whose main purpose is to fund economic development, especially infrastructure development. To accelerate infrastructure development, the government issued Sukuk Ritel in 2009 as a funding source. This study was conducted to determine how the law of economic development funding in Indonesia sourced from Sukuk Ritel is viewed from the perspective of Islamic economic law. Data was collected through a literature review which was then analyzed using a normative approach. The results of this study indicate that borrowing or funding for infrastructure development through Sukuk Ritel is legally permissible (mubah), and Sukuk Ritel is better than borrowing directly. However, the government needs to continue taking precautionary steps when the state debt is approaching the normal threshold for borrowing funds.

Addressing the Practice of Religious Tolerance by Panji Gumilang (In the studies of Wahbah Az-Zuhaili and Quraish Shihab)

Studying the subject of religious tolerance is always fascinating. This research holds a significant place in the field of religion studies because to the fluctuations in relationships between religious groups throughout different regions of the world, including Indonesia. Numerous Islamic scholars, particularly those who study tafsir, attempt to define tolerance normatively by drawing on passages from the Quran. Wahbah al-Zuhayli is a modern scholar who takes tolerance very seriously. Al-Zuhayli's interpretation, while methodologically sound, generally adopts the methodology of ancient ulama literature. But the issue of tolerance that he highlights stems from the social reality that religious communities currently inhabit. Al-Zuhayli opens his discussion on tolerance by elucidating the notion of wasatiyyah al-Islam, or Islamic moderation. Al-Zuhayli then categorized the four primary themes of tolerance found in the Koran. First, the interactions amongst the Samawi faiths. Forming a moderate and tolerant mindset is made possible by the heavenly religion's shared core doctrines. The second is the freedom to select one's religion. This point demonstrates how Islamic law upholds the Ri'ayah al-Din concept. The third is the ban on inciting hate. Fourth, the advice to put justice first and the outlawing of acts of terror. Each and every person is entitled to protection for their soul's freedom. According to Al-Zuhayli's perspective, religious groups generally get along well and are tolerant of one another. This is also a scientific refutation of the violent ideologies that radical organizations frequently advance.

Marriage with the Intention of Divorce in Islamic Jurisprudence

In Islamic law, each lawful or unlawful action is guided by underlying wisdoms and philosophies that may not be readily apparent to all. Upon deeper contemplation and analysis, the rationale behind the lawfulness or unlawfulness of actions reveals significant insights and benefits. This article addresses marriage with the intention of divorce, defined as a legitimate marriage wherein the husband, unbeknownst to the wife, intends to divorce her after a predetermined period. From the perspective of the objectives (Maqasid) of marriage, its prohibition is justified due to the lack of valid benefits within the union. However, when studied through the lens of its causes, reasons, pillars, and conditions, such a marriage, despite the husband's concealed intention for its temporary nature, meets all essential requirements without any deficiencies. This is why Islamic jurists are divided into two groups on this issue: One group, emphasizing the apparent conditions and pillars, considers it permissible, while the other, highlighting the absence of legitimate benefits, deems it prohibited. The author's preferred opinion is that it is permissible and, in cases of necessity, may be utilized. Nevertheless, the general recommendation is to discourage this practice and advise individuals to seek continuity and permanence in marriage, barring circumstances where continuation is impossible according to Islamic legal principles.