Maqasid Al-syari Research Articles

PENGEMBANGAN KONSEP WAJIB WASIAT DI MAHKAMAH AGUNG DAN IMPLIKASINYA TERHADAP PEMBAHARUAN HUKUM DI INDONESIA

This research reveals the development of the concept of mandatory wills in the Supreme Court. Even though there is already a concept of mandatory wills regulated in article 209 of the Compilation of Islamic Law, the Supreme Court has reformed Islamic law by expanding the scope of granting mandatory wills to non-Muslim heirs, stepchildren and siblings' children. This research is classified as library research by examining various reading literature that is related to the issue being studied. This research found that the development of giving mandatory wills to non-Muslim heirs, stepchildren and siblings' children at the Supreme Court was a product of judges' ijtihad through new ijtihad methodology reforms and revolutionary thinking so that Islamic law could truly be a solution to current developments increasingly modern and complex. The panel of judges, in granting mandatory wills to non-Muslim heirs, stepchildren and siblings' children, prioritizes the principle of benefit which is oriented towards maqasid al-syari'ah to preserve religion, soul, mind, lineage and property in the distribution of inherited assets. The presence of this decision also provides a new color and concrete evidence that there has been a reform of the Islamic inheritance law system in Indonesia which is adapted to the characteristics of Indonesian society which is diverse in terms of ethnicity, social, culture, politics and religion.

Development of Halal Tourism Destinations on Lombok Island in Six Features Perspective of Jasser Auda’s Maqasid Syari’ah

This study aims to reveal how the implementation of the development of halal tourism destinations on the island of Lombok, Nusa Tenggara Barat (NTB). Researchers used parameters maqasid syari’ah of Jasser Auda to measure whether the goals can be achieved. This qualitative research applied case studies because the research object was limited to the island of Lombok. This study concluded that the motive for developing halal tourism destinations was a negative perception about tourism among Muslims in Lombok-NTB. The implementation of halal tourism development that complies with Sharia values was apparent in 4 components: attractions, accessibility, facilities, and support services. In this respect, a new perspective of maqasid al-syari’ah offered by Jasser Auda can be applied to improve people's welfare towards maslahah.

Indonesian Maqasid Al-Syari’ah: A Study of Yudian Wahyudi's Thought

This article describes Yudian Wahyudi's thoughts regarding Maqasid al-Syari’ah as a method of solving contemporary problems in Indonesia. The primary data of this research was obtained from Yudian's writings about Maqasid al-Syari’ah. The secondary data were obtained from authoritative, up-to-date, and relevant literature sources. This study finds an Indonesian Maqasid al-Syari’ah theory, which is different from the Classical and Contemporary Maqasid al-Syari’ah. Indonesian Maqasid al-Syari’ah wants to harmonize between Maqasid al-Syari’ah (five primary needs or zharuriyyat al-khams) and IndonesianMaqasid (based on Pancasila). Maqasid al-Syari’ah Yudian's idea rests on four pillars, namely: tauhidul 'ulum (unity of knowledge) between Ayat Qur’aniyah, Kauniyah, and Insaniyah (zharuriyat ats-tsalasah) as the embodiment of the slogan al-Ruju' ila al-Qur'an wa al-Sunnah (Return to the Qur'an and Sunnah), the theory of pairing in Islamic law (ilahi-wad'i, absolute-relative, universal-local, eternal-temporary, and literal-meaning), method (Maqasid al -Syari'ah as an analytical knife or point of view to read the reality that is around us), and matters related to Indonesia. Meanwhile, Maqasid Indonesia is based on the five basic values of the goals of the Indonesian nation as embodied in Pancasila (Salam Pancasila): divinity (hifdz al-din), humanity (hifdz al-nafs), unity (hifdz al-nasl), deliberation and wisdom (hifdz al-’aql), and social justice (hifdz al-mal). The results of this study can have implications for the development and alignment factors of the Maqasid al-Syari’ah theory, which is unique to Indonesia. Indonesian Maqasid al-Syari’ah is a strengthening of the foundation of Usul al-Fiqh and Indonesian Fiqh.

Siri Marriage In The Review of Islamic Law, Positive Law, Human Rights And Maqashid Al-Syari'ah

The issue of siri marriage is a conflict of norms, namely the norms of Islamic law, marriage law, human rights, and Maqashid al-Syariah. So that its existence that develops in society there are pros and cons. This research is a literature research using the Maqasid al-Syari'ah approach as an analytical tool. The findings of this study state that siri marriage according to the provisions of Islamic Law is valid, while positive law states that it is invalid (void) or can be canceled. As for human rights, siri marriage is not against the law, because the issue of marriage is a basic right for humans which is a gift from God and it has been regulated in the constitution (1945 Constitution) as well as in Law Number 39 of 1999 concerning human rights. While Maqashid al-Syari'ah views siri marriage as an act that can cause harm, then to prevent it from being registered with the authorities, it is based on the method of al-maslahah al-mursalah and sadd al-zari'ah considering that marriage has a fixed law as a means of realizing benefit

The Judge's Refusal of The Application for Marriage Dispensation

A phenomenon revealed that there is a conflict between the objectives of the maqashid syari'ah and the decision of the Pangkajene Religious Court judge No.0228/PDT.P/2020/PA.PKJ in the case of a marriage dispensation application. The purpose of maqashid syari'ah in the dispensation of marriage is to avoid adultery that enters the maintenance of religion (Hifz al-Din). The marriage dispensation was proposed by the parents as applicants because their children have often gone out together and even had intercourse as husband and wife but this was rejected by the judge. The problem above is the goal to explain legal considerations by the judge of the Pangkajene Religious Court in the application for marriage dispensation and maqasid al-syari'ah review of the decision of the judge in the application for marriage dispensation. This research used a library research method by citing the contents of the judge's determination files and books related to the problem under study and the data used is in the form of secondary data, namely in the form of decisions of the Religious Courts. The fact is that in this stipulation the judge rejected the application for marriage dispensation by not considering the immoral acts that had been committed by the prospective groom and prospective bride. Furthermore, the purpose of maintaining religion in this determination is not fulfilled where the judge uses the method of avoiding mafsadah taking precedence over bringing maslahah as if contrary to the stipulation in which the judge rejects the proposed marriage dispensation application.

Prophetic Law-based Land Bank Policy Reformulation in Indonesia

In regulating the land bank policy, Indonesia refers to Law Number 11 of 2020 concerning Job Creation and Presidential Regulation Number 64 of 2021 concerning Land Bank Agency. These two laws regulate all general technical requirements required by investors. This study aims to: 1) Describe the land bank legal policy after the legalization of Law Number 11 of 2020 concerning Job Creation; 2). Formulate a land bank policy based on prophetic values which integrate the positive law and religious values. This is normative legal research which used secondary data and library materials as the main data sources. It used the philosophical juridical approach: the juridical approach was in the form of legislation (statute approach) and the philosophical approach was in the form of the prophetic ethical paradigm through ash-Asyatibi’s Maqasid al-Syari’ah (the purpose behind Islamic laws). The data analysis was divided into two. The first was the descriptive-qualitative analysis by describing land bank policies after the enactment of Law Number 11 of 2020 concerning Job Creation. While in the second problem formulation, because the main objective was to find the concept of land bank policy based on prophetic ethics, the authors conducted critical and predictive analyses. Land bank policies have various advantages and disadvantages. With these weaknesses and strengths, a new land bank policy was formulated, which was predicted to be able to guarantee equitable land distribution and wise management of land tenure.

MARRIAGE AGREEMENT AS A EFFORT FORMING THE SAKINAH FAMILY

Premarital agreements are recognized by Indonesian positive law as binding on both parties, with the Marriage Registry Officer serving as the official witness. Furthermore, the aims of Islamic law and the secrets established by Allah for every Islamic law, including the marriage contract, are called maqasid al-syari ah. It may be inferred that the marriage contract is in compliance with maqasid al-syari ah, based on the study. Because it safeguards the constitutional rights of both the husband and the wife, a marriage contract may aid in the formation of a successful family. It is enough for "obedient" Muslims to refrain from transgressing Islamic law and the dread of punishment, but for "ordinary" Muslims, the Marriage Agreement is more effective and protective since it has a dual impact.

Pig Kidney Xenotransplantation as an Alternative Solution of Hifdz Al Nafs

Recently, US surgeons successfully tested pig kidney transplants in a human patient, which caught the medical community by surprise. This has elicited a range of responses, including among Muslim communities, whether it is permitted by shariah or vice versa. Some Muslim scholars stated that pigs are prohibited animals under Islamic law. In contrast, others saw this success as the most recent alternative treatment for kidney failure in recent history. This research examines the issue of transplanting pig kidneys into human bodies by maqasid al-syari'ah (hifdz al-nafs). The full qualitative method was employed, which was based on library research to investigate the stated problems, and all the findings were analyzed descriptively. The study shows, first and foremost, a pig is one kind of animal that is prohibited under Islamic law in any form. Two conditions must be fulfilled before the transplant of a pig's kidney into a human body can be justified: (1) it must be performed in an emergency where there is no alternative medicine or other sacred organs available; and (2) the harm resulting from the transplant itself must be less than the harm resulting from not performing the transplant. Thus, the transplantation of a pig's kidney into a human body is part of the hifdz al nafs effort to implement maqasid al dharuriyyat for the patient's survival.

VASEKTOMI DAN TUBEKTOMI PERSPEKTIF MAQASID AL-SYARI’AH

The Family Planning Program handled by the National Population and Family Planning Agency
 (BKKBN) is a form of human effort in order to overcome population problems through population control
 with the aim of creating a prosperous and happy family. In Indonesia, vasectomy and tubectomy is one
 of the contraceptives in the National Family Planning Program, considered the only safe method for
 family planning for men and women, can be trusted to limit offspring. Vasectomy is a family planning
 method for men through small surgery to cut and bind both sperm cell channels. Whereas tubectomy is
 sterilization for women, by cutting both the cell lines of the egg (tubal palupi) and closing them so that
 the egg cannot get out and the sperm cells cannot enter to meet the egg, so pregnancy does not occur.
 The purpose of this paper is to find out how vasectomy and tubectomy are in the perspective of Maqasid
 al-Syari’ah. This writing uses the Maqasid al-Syari’ah approach by explaining the nature and wisdom of
 its formal object. The conclusion of this paper is that limitation of offspring by vasectomy / tubectomy
 can be allowed in an emergency (emergency) with the aim of achieving benefit in accordance with the
 objectives of Islamic law (Maqasid al-Syari’ah), one of which is to protect the soul and offspring.

PERCOBAAN PEMBUNUHAN SEBAGAI MAWANI‘ AL-IRTH DALAM KHI PASAL 173 DILIHAT MENURUT PERSPEKTIF MAQASID Al-SYARI‘AH

Trial of Assassination is an action carried out with the intention of killing people, but the person who wants to be killed does not die. In KHI Article 173 stated that the trial of assassination were prevented from inheriting, but in fiqh did not mention this, because that was the result of ijtihad by Indonesian Islamic law experts. Based on this, this research attempted to explain the provisions of the KHI regarding the trial of assassination as mawani' al-irth, and the provisions of KHI regarding the trial of assasination as mawani‘ al-irth seen in the motivations behind it. Both of these will be studied using the perspective of maqasid al-syari'ah. The type of research used in this thesis is library research (qualitative research). Sources of data from this study come from the book al-Muwafaqat, Tasyri 'al-Jinaai al-Islami, Al-Fatawa al-Fiqhiyyah al-Kubra, Al-Tahzib fi Fiqh Imam Al-Syafi'i and the book Compilation of Islamic Law by Cik Hasan Bisri, as well as books and journals relating to maqasid al-syari'ah and mawani' al-irth. Data collection method is carried out in documentation and data analysis method in the form of qualitative descriptive. The results of the study indicate that the provisions of the KHI Article 173 concerning trial of assassination that’s hindered from inheriting is not suitable to be applied. Because the trial of assassination does not cause a person to die. Then in KHI also do not recognize the term forgiveness, even though the opportunity to be forgiven by the own heir is very large. Furthermore, in KHI, it does not consider the background of doing this action, even though between one person and another person has different intentions and objectives. Although the trial of assassination is a case that violates the existence of maqasid al-syari‘ah from the needs of the dharuriyyah, which is guarding the soul (hifz al-nafs), the benefit here is to apply a law according to the conditions that it wants. Because the basic purpose of Islamic law (maqasid al-syari‘ah) is to gain benefit and prevent damage (mafsadah).

Constructing Household Ecology in Pandemic Seasons in Overview of Maqasid Al-Syari’ah

Constructing Household Ecology in Pandemic Seasons in Overview of Maqasid Al-Syari’ah

Normative and Islamic theology on the enforcement of COVID-19 health protocol in Indonesia

This study aims to analyse the pros and cons of imposing penalties or fines in law enforcement regulations for violating health protocols in Indonesia. Some people consider that the norm of the fine sanctions in statutory provisions regulating health protocol violators is unconstitutional, but others say it is constitutional. As a country with the largest Muslim population in the world, a study of the perspective of Islamic law is essential. This article uses a normative legal research methodology using two main approaches: the statutory and conceptual approaches. The results show that fines are found in the criminal law clusters and state administrative law. Penalties in state administrative law in their enforcement do not require intervention from other institutions. Still, they can be carried out directly by government officials whose authority has been determined in the laws and regulations. Meanwhile, from the Islamic perspective, the fine sanctions can be applied, in the context of hifz Al-Insan, in Maslahah Mursalah as part of the maqasid al-Syari’ah. The obligation to obey government regulations is part of a person’s obedience to God’s commands.Contribution: This study’s findings can support the government in enforcing the law to combat the spread of the coronavirus disease 2019 (COVID-19) in Indonesia and other countries because, constitutionally, the law is legal. Then, the legality of fines for violators of the COVID-19 health protocol, from an Islamic perspective, does not contradict maqasid al-shari’ah. So, there should be no doubts for Muslims to obey these regulations.

TAFSIR MAQĀSIDI UNTUK MAQĀSID AL-SHARI‘AH

This study discusses the pattern of maqāsidi interpretation which is positioned as the foundation in creating maqasid al-Shari'ah, which means that all benefits will lead to maqasid al-Qur'an. The method used in this research is library research based on several books and journals that examine the interpretation of maqasidi and its relationship with the creation of maqasid al-syari'ah. The study shows that maqasidi interpretation is a spirit in the interpretive process that moves dynamically along with human civilization to present universal moral ideals/al-maqasid al-`āmmah. This study also shows that as a method, maqasidi interpretation, requires a reconstruction of the interpretation of the Qur'an based on maqasid as a theory. The theory of maqasid shari'ah as a knife of analysis in a procedure which is then used to understand the Qur'an, resulting in a product that focuses its study on the values ​​of the maqasid verses it interprets. Through this type of interpretation, the general objective of the Shari'ah to present maslahah and prevent the destruction of the world and the hereafter, can be realized. A pattern of interpretation that places benefit to maintain human purity.

Maslahah Yang Bersumberkan Sunnah Nabawiyyah dan Pengaplikasiannya dalam Garis Panduan Pembukaan Semula Sekolah Akibat Covid-19 (Maslahah Sourced from Sunnah Nabawiyyah and its Application in the Guidelines for School Reopening Due to Covid-19)

T The Movement Control Order (MCO) was declared by the Malaysian Government on 18 March 2020 to avoid the transmission of the Covid -19 infection. The MCO was continued until phase four and then commenced to the Conditional Movement Control Order (CMCO) which was less restrictive starting 4 May 2020. For the first two months of the implementation of the MCO, all business premises, places of worship and educational institutions were closed totally to the public. schools were reopened in stages during the CMCO following the advice of the Ministry of Health (MOH). The objective of this research is to do an analysis of the maslahah element which was applied in the management of the reopening of schools according to the Sunnah Nabawiyyah perspective. This research was conducted using the qualitative method which involved literature and field research. By analyzing the primary documents released by the Ministry of Education (MOE) and the feedback posted by the mass media, the research found that the maslahah element such as maslahah daruriyyah, dunyawiyah and khassah are already implemented by the MOE in the preparation of School Reopening Management Guidelines. This element was aimed specifically in order to safeguard the health and the well-being of the students and the teachers. Even though education is important and mandatory for all, yet the constraints faced by the people concerned are equally important. Thus, the Standard Operating Procedure (SOP) is for the sake of making sure the well-being of school community is assured from the disease. Therefore, the guidelines of school reopening are in line with the Islamic approach based on the discussion of maqasid al-syari'ah which is to realize maslahah for human beings and avoiding any bad circumstances.

PROGRAM KHURUJ JAMAAH TABLIGH DALAM PERSPEKTIF MAQASID AL-SYARI‘AH

Khuruj is one of the teachings in Jama'ah Tabligh which requires each member to go outside the area to broadcast amr al-ma`ruf nahy al-munkar within a certain time. They go out for 3 days a month, 40 days a year, and 4 months in a lifetime. The main problem is when the obligation khuruj faced with obligations in the family. Such obligations can cause problems when members of Jama'ah Tabligh can’t balance the obligation to the family in performing khuruj. On the other hand, it is very unfortunate that the lack of coordination and evaluation of care among families of members of the congregation so as to cause negative effects from the community that the tabligh worshipers less attention to families left behind. Therefore, this khuruj program should be studied with the approach of usul al-fiqh (maqasid al-syari'ah), how is khuruj allowed according to syara '. The method used in the study of the analysis conducted by looking at the benefits and harm. Based on this study, it is concluded that khuruj is a real step in the spread of Islamic syiar that not all Islamic organizations are able to implement it. However, the problem of abandoned family requires good coordination in the family, so if the members of Jamaah Tabligh do khuruj must be with the preparation of checking (family must be examined readiness related to intention, stock, physical and family to be left behind) become main and obligatory before doing khuruj so Harm can be rejected.

Maqasidi Leadership of Minority Religions Figure for Maintaining Tolerance in Manado, Indonesia

Manado's Muslim minority mindset stops social, political, and religious activities. Although Islam is the second-largest religion after Protestantism, this mindset can be seen by the impression that Manado is a 'Christian City' known as the “Tower of a Thousand Churches.” This article describes the strategy of minority religious leaders (Islam) in tolerating the perspective of Maqasid al-Syari'ah. The research data was collected through observation and in-depth interviews with religious leaders from the Islamic boarding school Kiai, IAIN Manado lecturers, and Muslim youth. The research findings show that first, the values ​​of religious tolerance in Manado have developed in the form of slogans, such as "Torang Samua Basudara," " Torang Samua Ciptaan Tuhan, "and "Si Tou Timou Tumou Tou," second, the strategy of Islamic religious leaders in maintaining tolerance through (1) mutual respect for beliefs, (2) fighting for religious teachers and places of worship (mushola) in public schools, (3) creating dialogue forums between religious communities, (4) enlivening Islamic syi'ar, such as majlis taklim, the graduation ceremony for students from all over North Sulawesi, and (5) halal certification. This finding has implications for the Maqasidi type for religious minority leaders in tolerance to protect Muslims' faith.

Kritik Implentasi Corporate Social Responsibility Pada Perusahaan Minyak Dan Gas Perspektif Maqasid Al-Syari’ah

Corporate Social Responsibility is an interesting topic, since various theories are used as a basis for implementing it. Oil and Gas Company is one of the entities that practice Corporate Social Responsibility. The Corporate Social Responsibility implementation in oil and gas companies is oriented to their own interests in achieving the optimal profits. Oil and gas as one of the natural resources included in community ownership cannot be owned absolutely by anyone, including individuals, groups and even countries. The method used was a critical review of the Corporate Social Responsibility implementation in oil and gas companies. The results showed that the Corporate Social Responsibility implementation of oil and gas companies referred to the theory of shareholders oriented to the interests of shareholders. Corporate Social Responsibility implementation was only used to build a company’s reputation, so that the company would get increasing profits. The Corporate Social Responsibility implementation of oil and gas companies which referred to the theory of stakeholders was only oriented towards building public confidence that the company was sincere in carrying out Corporate Social Responsibility projects, but basically its expectations were on the company’s reputation. In addition, the involvement of stakeholders was not given room to make decisions about Corporate Social Responsibility implementation. Corporate Social Responsibility in the perspective of maqasid al-syari’ah must fulfill 4 (four) main components, consisting of maqasid al-syari’ah compliance, formation of a multi-stakeholder body, establishment of a Sharia Board, and fulfillment of sharia compliance.
 Keywords: Corporate Social Responsibility, Oil and Gas Companies, Maqasid Al-Syari’ah

QATH’Y DAN ZHANNY DALAM HUKUM KEWARISAN ISLAM

Qath’y and zhanny are a theory in language about a show the text to know the clarity and disguise of the text to a meaning. Qath’y and zhanny in Ushul Fikih used to explain the text of the source of Islamic law in al-Qur’an and Hadis in two things, al-Tsubut (existence) or al-Wurud (sourced from the truth) and ad-Dalalah (interpretation). This article will explain the differences of ulama in two concepts (qath’y and zhanny) is about inheritance law texts. After that, the concept will analyze by Maqasid al-Syari’ah approach. The result from the analysis that the texts of Islamic Inheritance Law is categorize as zhanny ad-Dalalah. The texts that deal with social society (muamalah) has influenced by social-economic in community. So that, creating the consequences of a religious text is about inheritance law to open the modern interpretation.

THE POSITION OF MAQASID AL-SHARI’A ON FIQH OF MINORITIES

This paper elaborates in depth on the position of maqasid al-syari'ah towards minority fiqh. This research is a library research, descriptive in nature. This research uses normative (syar'i) and sociological theological approaches. Primary data sources are data obtained through literature studies with primary data taken from the Koran, hadith, jurisprudence books, books that study minority fiqh or others that are related to this research. The results showed that the position of maqasid al-syari ah is the foundation and foundation for the concept of minority fiqh. The format of the rules of maqasid al-syari'ah contained in minority jurisprudence, namely: First: al-taysir waraf' al-haraj (eases and raises difficulties). Second: tagayyur al-fatwa is a change in fatwa. Third: tanzil al-hajah manzilah aL-darurat (Needs occupy an emergency). Fourth: 'Urf or customs in society. Fifth: Annazru ila al-Ma'alat (seeing the legal consequences). Sixth: The congregation as a judge.

MAQASHID AL-SYARI’AH CONCEPT OF KAFA’AH IN MARRIAGE

Basically, kafa'ah in a marriage is equality, compatibility or proportionality between the prospective bridegroom and bride. Kafa'ah in terms of religion is a necessity for a Muslim who is going to get married. One of the important things that must be done before marriage is considering several things such as nasab, religion, belief, profession, freedom, and property. However, nowadays, many couples do not heed the Kafa'ah criteria,and even many marriages happen between men and women with significant age difference. For example, a marriage between an old woman and a very young man, or vice versa. Considering these phenomena in the society, then the concept of maqasid al-shari'ah or the purpose of Islamic law is an important discussion to look at the marriage practices in the society. This is very much related to the protection of religion, soul, mind, descendant and wealth. This study analyzedlarge age disparity marriage practicesin Karang Endah village, by using the concept of ushul fiqh. The type of qualitative research used was ethnography. Research data were obtained through the use of some references such as books, journals, articles relating to the object under study. The results of this study indicated that a large age gap marriageoccurred in Karang Endah village wasbased on emotional factors of the couple. In Islam, this kind of marriage does not contradict the syari'ah rules, because Islam does not explicitly explain the age limit to be categorized as an adult. Therefore, referring to the concept of maqashid al-syari'ah, it could be concluded that large age disparity marriage occurred in Karang Endah village was carried out to protect religion, lives, and offspring of the couples.
 Keywords: Marriage, Kafa'ah, Age Disparity, Maqasid al-Syari'ah