Maqashid Al-syariah Research Articles

The Existence of New Direction in Islamic Law Reform Based on The Construction of Ibnu Qayyim al-Jauziyah’s Thought

This study examines the Islamic legal thought of Ibn Qayyim al-Jauziyyah in carrying out legal istinbath. Ibn Qayyim al-Jauziyyah is a figure who lived in the XIII century, during which various religious aberrations emerged. The circumstances he was facing significantly influenced some of the ijtihad that he put forward. Therefore, he was well-recognized as a reformer among other scholars of Hanbali school. This research is a character study with a descriptive method using a benefit approach (maqashid al-syariah). The results of this study are about the invitation of Ibn Qayyim al-Jauziyyah to freely exercise ijtihad but in accordance with the Maqashid al-Shari'ah corridor, that is by upholding the principle of maslahah. Because of this, Ibn Qayyim al-Jauziyyah argued that ijtihad can develop according to the times, and the law at his time needed to be more relevant in dealing with and overcoming various circumstances that brought about novel and more complicated problems. This thought emerged as a reaction to the opinion among Muslims who assumed that the door of ijtihad had been closed.

Family law reform in Indonesia according to the Maqashid al-shari’a perspective (A case study of Law no. 16 of 2019)

This research discusses family law reform in Indonesia in relation to the Law No. 16 of 2019 concerning the minimum age for child marriage. The study has been conducted using Maqashid al-syariah perspective in order to analyze first, the formulation of family law reform in Indonesia related to No. 16 of 2019, and second, the perspective of maqasid al-syariah in the law. The primary resource in this library research was Law No. 16 of 2019, and Marriage Law No. 1 of 1974. The results of the study found that family law reform regarding the age limit for marriage in Indonesia began with the existence of the judicial review process to the Constitutional Court regarding Law No.1 of 1974, more specifically Article 7 paragraph (1) which was perceived as contradictory to the 1945 Constitution Article 27 paragraph (1). This paper also proved that the determination of the age limit for marriage in Law No. 16 of 2019 is in accordance with the purpose of marriage and the objectives of sharia in general. In a nutshell, it can be concluded that there has been a reform of family law in Indonesia which can be seen from the aspect of the law regarding the age limit for marriage from nine years in the fiqh literature version to nineteen years in the version of Law No. 16 of 2019. In addition, Law no. 16 of 2019 also equates the minimum age for marriage between boys and girls, which is nineteen years, although classical fiqh literature distinguishes it.

Determinants of Mother's Financial Literacy on Family Economic Welfare: Maqashid Sharia Analysis

This study involved determinants of maternal financial literacy on household welfare from the perspective of maqashid al-syariah. This study used two waves of IFLS, namely IFLS-4 (2007) and IFLS-5 (2014). In addition, several data related to the value of household assets and household characteristics are available based on IFLS-4 (2007). The study uses a quantitative approach with descriptive analysis and regression using the Ordinary Least Square (OLS) method. The findings in this study include the expenditure variable has no significant effect on the family welfare variable. The social consumption variable has a negative and significant impact on family welfare. The savings variable has a positive and significant effect on family welfare. The variable was to borrow funds has a positive and significant effect on family welfare. The pension fund variable has a positive and significant effect on family welfare. Mother's education variable has a negative and significant effect on family welfare. The variable number of family members has a positive and significant effect on the family's economic interest. The variables of residence and year have no significant impact on the family's economic welfare.

Determinants of Mother's Financial Literacy on Family Economic Welfare: Maqashid Sharia Analysis

This study involved determinants of maternal financial literacy on household welfare from the perspective of maqashid al-syariah. This study used two waves of IFLS, namely IFLS-4 (2007) and IFLS-5 (2014). In addition, several data related to the value of household assets and household characteristics are available based on IFLS-4 (2007). The study uses a quantitative approach with descriptive analysis and regression using the Ordinary Least Square (OLS) method. The findings in this study include the expenditure variable has no significant effect on the family welfare variable. The social consumption variable has a negative and significant impact on family welfare. The savings variable has a positive and significant effect on family welfare. The variable was to borrow funds has a positive and significant effect on family welfare. The pension fund variable has a positive and significant effect on family welfare. Mother's education variable has a negative and significant effect on family welfare. The variable number of family members has a positive and significant effect on the family's economic interest. The variables of residence and year have no significant impact on the family's economic welfare.

The Contextualization Of The Māqāṣid Āl-Šyāriāh Jasser Auda Theory In The Concept And Practice Of Islamic Family Law

This study aims to explain how the contextualization of Jasser Auda's māqāṣid āl-syāriāh theory is used in the Islamic family law paradigm approach. This issue is important to be discussed for some reasons. First, the approach used in the paradigm of Islamic family law in Indonesia is still not based on maqasid . Second, the concept of maqashid al-syariah has a major contribution to develop the paradigm of Islamic law, including in the field of Islamic family law. Third, the concept of maqashid Auda refreshes the discourse of renewing approaches in Islamic family law. This study uses a qualitative approach with implementing a combination study, which is a combination of literature review and social contextualization. The findings showed that the concept of māqāṣid āl-syāriāh Jasser Auda contributed greatly to the development of a paradigm in the Islamic family law study approach. The concept of māqāṣid āl-syāriāh Jasser Auda emphasizes the value of guarding and protection towards development and rights, thus family law which has been oriented towards safeguards, can be changed towards family development. Furthermore, Auda’s philosophy system approach can be used as an alternative approach in the study of family law. The implication is that the approach offered by Jasser Auda in family law will be in line with the achievement of the Human Development Index indicators in the United Nations Development Program (UNDP).

Index Kepuasan Pelanggan Anggota KSPPS Muamalah Berkah Sejahtera Perspektif Maqashid Al-Syari’ah

This study aims to answer the question of how big is the customer satisfaction index on service quality at KPPS Muamalah Berkah Sejahtera in the perspective of Maqashid al-Syariah. The method used in this research is descriptive quantitative, the sample used is 60 people using simple random sampling technique, data collection using questionnaires and literature, while the analytical test used is the Customer Satisfaction Index (CSI) test. The results of this study indicate that the level of customer satisfaction of KKSP Muamalah Berkah members shows a satisfaction level of 87.28%, this value is in the very satisfied category. The satisfaction level of the members of the Muamalah Berkah Sejahtera KSPPS when viewed from each principle of maqasid al-Syariah gets very satisfied with the value of the CSI calculation results at a percentage level in the range of 80-100%. Of the five principles of maqasid al-Sharia, the highest value is hifdzu al-Din with a CSI value of 90.29%. Based on the results of this study, it is recommended that KSPPS Muamalah Berkah Sejahtera maintain the attributes that have been used so far and always evaluate and innovate in serving customers so that customers always feel comfortable and satisfied with their services.

Hukuman Kebiri Bagi Kejahatan Pedophilia

Pedophilia is a form of sexual violence against children. This crime is an extraordinary crime because it violates the honor and threatens the life of the child as the successor of the nation's ideals. Various efforts have been made by the government to provide protection for children, from increasing penalties and fines to stipulating chemical castration as a sanction for action. In jinayah fiqh itself, castration as a criminal sanction is not known in Islamic law, so it raises a lot of pros and cons in various circles of society, especially scholars regarding the emergence of castration punishment in criminal sanctions for child protection. The formulation of the problem from this research is what are the dimensions of fiqh jinayah in the Law Number 17 of 2016 concerning the castration penalty for pedophilia crimes. The purpose of this study is to determine the dimensions of fiqh jinayah in the RI Law Number 17 of 2016 concerning the castration penalty for pedophilia crimes. Furthermore, the type of research used is the type of empirical normative research, using a conceptual approach. The results obtained, that in the determination of castration for the crime of pedophilia in the Law Number 17 of 2016 there are dimensions of fiqh jinayah which are viewed from the perspective of maqashid al-syariah and maslahah al-mursalah. In the castration punishment in the perspective of maqashid al-syariah, there is a goal of passing down the shari'a that is oriented towards the maintenance of al-kulliyat al-khamsah, namely hifz ad-din, hifz an-nafs, hifz al-'aql, hifz an-nasb and hifz al-mal, In addition to maqashidal-syariah, there is also benefit as God's goal in lowering the Shari'a, namely maslahah al-mursalah, the form of the existence of maslahah in castration punishment in the form of jalb al-manafi and dar al-mafasid at the al-hajiyyat (secondary) level. With the fulfillment of the fiqh dimensions of jinayah in the castration punishment, it shows the purpose and spirit of Islam in legal legislation, because it contains the maintenance of maqashid al-khamsah and also benefits.

TINJAUAN MAQASHID AL-SYARIAH TERHADAP PERILAKU BERUTANG MASYARAKAT DESA SUKAWANGI PADA MASA PANDEMI COVID-19

Penelitian ini menjelaskan mengenai perilaku berutang yang ditinjauan dengan maqashid al-Syariah pada fenomena kehidupan keluarga masyarakat desa Sukawangi di masa pandemi covid-19 dengan tujuan melihat apakah perilaku berutang tersebut dapat dibenarkan dalam Islam sebab pada sejatinya hutang mempunyai sifat yang paradoks yang bisa jadi penolong atau bumerang bagi keberlangsungan hidup dalam keluarga. Penelitian lapangan ( field research ) adalah jenis dari penelitian ini, dengan pendekatan studi kasus ( case study ) melalui tinjauan maqashid al-Syariah. Sedangkan dalam pengumpulan data dilakukan dengan melalui pola observasi, wawancara dan juga akan dilakukan analisis terhadap berbagai dokumentasi, kemudian di interpretasikan secara kualitatif dengan beberapa konsep sehingga tercapai sesuatu pemahaman yang benar. Penelitian ini menghasilkan tiga kesimpulan, yaitu pertama, Perilaku berutang yang dilakukan oleh masyarakat desa Sukawangi dapat dibenarkan dan diperbolehkan dalam Islam, sebab masuk dalam kategori akad muamalah sebagai bentuk transaksi ekonomi yang terdapat nilai tolong menolong ( ta’awun ). Kedua, Hutang membuat keharmonisan keluarga terganggu bahkan sampai berujung pada perceraian. Ketiga, terdapat beberapa keluarga di desa Sukawangi yang berhasil dan sukses dalam ekonomi dengan mengelola hutang dengan baik. ABSTRACT This research explains the behavior of debt which is reviewed by maqashid al-Syariah on the phenomenon of family life in the Sukawangi village community during the Covid-19 of pandemic with the aim of seeing whether this indebted behavior can be justified in Islam because in fact debt has a paradoxical nature that can be a helper or boomerang for survival in the family. Field research is a type of research, with a case study approach through the maqashid al-Syariah review. Meanwhile, data collection is carried out by means of observation patterns, interviews and analysis of various documentation will be carried out, then interpreted qualitatively with several concepts so that a correct understanding is achieved. This research resulted in three conclusions, namely, first, debt behavior carried out by the people of Sukawangi village can be justified and allowed in Islam, because it is included in the muamalah contract category as a form of economic transaction where there is a value of help (ta'awun). Second, debt disturbs family harmony and even leads to divorce. Third, there are several families in Sukawangi village who are successful and successful in their economy by managing their debt well.

SADD AL-DZARI’AH:KORELASI DAN PENERAPANNYA DALAM HUKUM EKONOMI SYARIAH

This paper describes the importance of sad al-dzari'ah in determining Islamic law, especially in relation to the business-economy world which tends to be dynamic. Sadd al-dzari'ah is a legal instrument in Islam that is good if it is applied properly, in accordance with the rules of syara '. It can be a tool that can be used to create the benefit of the people and prevent it from being damaged. One example that can be seen in seeing the importance of sadd al-dzariah in the national legal system is the application of the actio paulina principle, the regulations of which can be found in Articles 1341 and 1061 of the Civil Code and Articles 41 to 47 of the bankruptcy law. However, as it plays a very important role in the search for law, on the one hand sadd al-dzari'ah can also be something negative. This can happen if the use or application is not / not done carefully, especially if it is not based on broad social piety in the community. Keyword: Sadd/Fath al-Dzari’ah, Maqashid al-Syariah, Actio Paulina

Analisis Maqashid Al-Syariah Dalam Sistem Ekonomi Islam dan Pancasila

<p>The development of the Islamic economy in Indonesia has made the significant progress. Islamic economics has the spirit to integrate between the economy with religious theology. Indonesia has claimed itself as a country based on Pancasila and Constitution of 1945. Among Muslim economists, there are various opinions on the relationship between the state and religion that related to the position of the Islamic economy in a framework of the Indonesian State.This paper aims to strengthen the Islamic economic system in Indonesia, to strengthen Pancasila is according to maqashid al-sharia in economic terms, and a relevant alternative relationship between Islamic economy and Pancasila. The results of this study are The Islamic economy system in Indonesia is done in line with Pancasila as the basis of the State. This is based on the idea that Pancasila has included the interests of Muslims that are relevant with the objectives of sharia (maqashid al-syariah).</p>

ANALISIS MANAJEMEN BAZNAS KAB. LIMA PULUH KOTA DALAM PENGENTASAN KEMISKINAN (STUDI MAQASHID AL-SYARIAH ZAKAT)

This research was aimed at analyze BAZNAS Lima Puluh Kota regencymanagementto solvepoorness in evaluation of religious obligatory maqashid al-syariah. This research was qualitative case study by using interview and documentation as instruments. This research found that management BAZNAS Lima Puluh Kota regencynot yet reached religious obligatory maqashid al-syariah to solvepoorness. Gathering of new religious obligatory limited to religious obligatory Public Servant Of Civil and applied program still have the character of just consumptive, so that to mustahiq not yet been reached by the maqashid. BAZNAS not yet can alter status of mustahiq become muzzaki. So also with muzzaki, trust to remit religious obligatory to BAZNAS Lima Puluh Kota regency form not yet is fully proved with religious obligatory managed by BAZNAS still religious obligatory of PNS not yet reached agriculture religious obligatory, entrepreneur and others. Though religious obligatory potency very big that is Rp 66.723.320.400 every year. This research was aimed at analyze BAZNAS Lima Puluh Kota regencymanagementto solvepoorness in evaluation of religious obligatory maqashid al-syariah. This research was qualitative case study by using interview and documentation as instruments. This research found that management BAZNAS Lima Puluh Kota regencynot yet reached religious obligatory maqashid al-syariah to solvepoorness. Gathering of new religious obligatory limited to religious obligatory Public Servant Of Civil and applied program still have the character of just consumptive, so that to mustahiq not yet been reached by the maqashid. BAZNAS not yet can alter status of mustahiq become muzzaki. So also with muzzaki, trust to remit religious obligatory to BAZNAS Lima Puluh Kota regency form not yet is fully proved with religious obligatory managed by BAZNAS still religious obligatory of PNS not yet reached agriculture religious obligatory, entrepreneur and others. Though religious obligatory potency very big that is Rp 66.723.320.400 every year.

Maqashid Al-Syariah Dalam Perilaku Ekonomi

Islam is a system of life. Economy is a subsystem in the system of life. The quality of the economic subsystem depends on the building of Aqidah, Shari'ah, and morality, which is the pillar of the system to carry out life activities in its interactions related to assets (mu'amalah al-maliyah), and interactions that are not related to property (mu’amalah ghairu maliyah) Economic activities are included in the mu'amalah al-maliyah. Economic activity in the view of Islam is a recommendation and demand for life that has a dimension of worship, even an order to carry out productive activities for fulfilling the needs of dharuuriyyaat (primary), haajiyyaat (secondary) and tahsiiniyyaat (tertiary). Maqashid al-syariah (the goal of sharia) in the reality of economic behavior is a productive activity for fulfilling needs that can maintain faith (din), humans (nafs), intellect (aqal), descendants (nasl), and wealth (maal) . ”The five things are the synthesis of system buildings in a balanced and harmonious survival. In the process, it is practically a sign for economic actors in the framework of just and prosperous socio-economic development, through zakat instruments, usury prohibition, anti-monopoly as social security and the role of government.

FILOSOFI HUKUM KHILAFAH (Tinjauan Ontologis, Epistemologis dan Aksiologis)

The most discussed form of Islamic state system is khilafah. Therefore, this current study discusses the philosophy of khilafah from the perspectives of ontology, epistemology, and axiology. From the perspective of its ontology, it turns out that khilafah is a dynamic terminology in the history of Islamic politic. It can be traced from the history that the Islamic political system changes according to the social condition and the ruling regime. It may be called khilafah, imamah or mulk (kingdom). In other meanings, it can refer to religious theocracy, monarchy-oligarchy, or democracy in the form of nation state. Whatever the name of the Islamic state system is used, all Islamic state must be directed to achieve the maslahah. According to the scholars of the maqashid al-syariah, the maslahah is measured using the five universal standards of principles (kuliyat al-khams). They are ensuring the freedom of religion (hifdz al-din), ensuring the life (hifdz al-nafs), ensuring the creativity and freedom of thinking and speak (hifdz al-‘aql), securing the property (hifdz al-mal), and ensuring the sustainability of offspring and human dignity (hifdz al-nasl wa al-‘irdl). Keywords: Islamic law Khilafah, Politic , Maslahah

ADVOKAT SYARIAH DALAM MEDIASI PERKARA PERCERAIAN MENURUT MAQASHID AL SYARIAH

The emergence of thinking about the role of profession sharia advocate in the mediation of divorce cases that is derived from a fact produced by the judiciary in solving the case of divorce, which is almost 100% is a conventional decision that essentially have a pattern of win or lose. It is rare to find a win-win solution. Yet the most important is when the judiciary is not only referred to as deciding cases, but also solve the case. One of the alternatives presented in solving the divorce case is based on the win-win solution, The problem to be studied in this article is how the duty and responsibility of sharia advocate profession within the framework of maqahid al syariah. Where the task of sharia lawyers in general is the same as the non-sharia advocate task that is to defend public interest (public defender) and client in upholding justice. But what distinguishes it from non-sharia advocates is in providing defense, counseling, and being authorized for and on behalf of his clients sharia advocates based on the principle of help-help, cling to the source of Islamic teachings. Second, the role of the advocate profession in the mediation of divorce cases should be submitted to a competent advocate, in this case is a sharia advocate. Advocates who have guidelines to always run their profession in accordance with the objectives of syara law (<em>maqashid al syariah</em>).

Mabadi’ Asyroh Nalar Fikih Sosial Ali Yafie

Making a decision in Islamic law must be contextual and give a priority to umma’s benefit (mashlahat) and consider a sense of justice. This purpose portrays the main thought of Ali Yafie’s social fiqh. This research uses a descriptive qualitative method to see social fiqh. The result of this research shows that Ali Yafie’s social fiqh thought by taking mabadi’ asyroh (ten principles) which are: (1) hadul ilmi is methodological process and product of legislation of Islamic law; (2) maudlu’ul ilmi is identification of social problems; (3) tsamrotul ilmi is umma’s benefits; (4) fadlul ilmi is obligation of each Moslem; (5) nisbatul ilmi is maqashid al-syariah and fardlu ‘ain- fardlu kifayah considerations; (6) wadli’ul ilmi is KH. A. Sahal Mahfudz dan K.H. Ali Yafie, (7) ismul ilmi is social fiqh, (8) istimdadul ilmi is Alquran, hadith, al-ijma’, qiyas, rational-holistic integration, reality, and interpreting Islamic texts based on social benefits (mashlahah), (9) hukmul ilmi is wajib kifayah and wajib ‘ain, and (10) masailul ilmi, is any social problems.Â

Product Innovation of Sharia Financial Institution: Theory Review

Competitions in the financial industry are so tight that sharia banks can no longer simply rely on standard products to attract the public. The development of sharia banking products and services should not merely 'imitate' from conventional banking products. However, the development of this innovation product does not mean eliminating the principles of syariah let alone just be used as legal and administrative hilah to gain profit alone, on the grounds that Islamic banks are positioned as a financial intermediary institution based on business not a social institution. Based on these problems, the authors get some solution that is, development of innovation (product) is permitted when there is a stronger proposition and clarity of meaning contained therein, conformity with the purpose of sharia (maqashid al-syariah), and relevance to the development of the times and needs Human beings will transactions and modern contracts.

ANALISIS FINANCIAL INCLUSION TERHADAP PEMBERDAYAAN MASYARAKAT MISKIN DI MEDAN (STUDI KASUS PEMBIAYAAN MIKRO SS II DI BANK SUMUT SYARIAH)

This research aims to analyze the financial inclusion towards the empowerment of the poor in Medan through financing Sumut Sejahtera of the Bank Sumut Syariah. More specifically the research aims to know 1) the concept of financial inclusion that is implemented as a means of expanding access to financial services of banks and non-banks, 2) the application of the financial inclusion Bank Sumut Syariah. Bank Sumt Syariah have significant role in the economic development of the community through a variety of financing micro, Financing of the Sumut Sejahtera. This financing facility has a lofty goal given to the community pre-prosperous society who have a business but not bankable feasibility so as to be worthy of being a customer of the bank, as well a improve people’s lives and help government programs in the framework of poverty reduction. The applicaton of financial inclusion on the financing Sumut Sejahtera of the Bank Sumut Syariah has been very clear benefits in the economic society prosper who enforce the interests for the public good. It is a basic principle in Islamic economic maqashid al-syariah. For financial inclusion theory maqashid al-syariah is one of the logical effort that must be applied as a consequence of the economic understanding of justice on one side and of religious on the other side.

MEMAHAMI KONSEP MAQASHID AL-SYARI�AH DALAM FILSAFAT HUKUM ISLAM

AbstractMaqashid al-syariah is target and meaning desired by syara in specifying or it all or most his lawses, or target oves and specified secret God in each God law. This, Maqashid al-syariah is existing secret and target and desired God in specifying, ad for as a whole and some of laws of God. Target of syariah, at the core of is to look after kindliness of human being and obviate badness, either in world and in eternity/the beyond.Theory of maqashid al syariah becoming fulcrums the core important is kindliness of human being in eternity/the beyond and world. This matter, new earn isnt it if five fundamental element can be realized and looked after. Ad for fundamental element, is to look after religion, soul, mind, clan and look after estae.Kata Kunci: Maqashid dan al-syariah

PENGELOLAAN ZAKAT DI BADAN AMIL ZAKAT NASIONAL KABUPATEN TULUNGAGUNG DALAM PERSPEKTIF MAQASHID AL-SYARIAH

Why BAZ cannot operate optimally is due to two factors. First, as a matter of fact, this institution is just passively waiting for the zakat payers. Second, the zakat paid through this institution is limited to the zakat of income from certain offices, not from massive individual. In addition, it has been a long tradition that the Moslems do not pay their zakat fithrah through this institution. Zakat fithrah is commonly paid for the receivers’ daily consumption. Considering the problems above, some initiatives must be taken. First, institutionally BAZ must be empowered by setting up zakat picking units (UPZ) in every mosque and these units are managed professionally to serve the zakat payers. Second, the zakat must be managed and distributed to the right receivers for the productive purposes, not the consumptive purposes. Since the zakat is still distributed for the consumptive purposes, from the perspective of maqashid al syariah it can be concluded that the management of zakat so far has not yet achieved its fundamental purpose to empower and to prosper the poors and the weaks. Kata kunci: Pengelolaan, Pengumpulan dan Pendistribusian Zakat, Maqashid al-Syariah

ZAKAT DALAM PERSPEKTIF MAQASHID AL-SYARIAH

Zakat as one of the pillars in Islam provides a alternative of social protection. Paying for zakat is not only a manifestation of worshipping Allah but also a social action to support for the improvement of people’s life quality. Zakat is not a goal but it is a means to achieve social justice and a means to reduce the number of poverty as well. Therefore, good management of zakat under the principles of syariah is a must. Kata kunci : Zakat, Pengeloaan Zakat, Maqashid al-Syariah