Maqasid Sharia Research Articles

The Fiqh Paradigm in Strengthening Moderate Religiosity Through The Study of Kitab Turats in Pesantren

The purpose research is to find out the transmission of the fiqh paradigm in strengthening moderate religiosity through the study of kitab turats at Hidayatul Mubtadi'en Pekalongan Islamic Boarding School. Data were obtained through observation, interviews and documentation. This study confirms that the study of the book of Turats contains the dimensions of fiqh as a paradigm for strengthening the religiosity of its students, including the value of hifz'ird in strengthening humanist religiosity through the transformation of anti-violence values (al la unf) from the material of the book of Birrul Walidain and Tarbiyatul Walad. This value transformation can equip an ethical paradigm in upholding human values. The value of hifz ummah in strengthening pluralist diversity through the transformation of the value of tasamuh (tolerance), and i'tiraf al-'urf (friendly to culture) from the material in kitab at-Tibyan and kitab Hujjah Ahlussunnah wal Jama'ah. This value transformation can equip students to have an ethical paradigm in behavior and beliefs that respect social and cultural diversity. Furthermore, the value of hifz waton in strengthening nationalist religiosity through the transformation of the value of love for the homeland (al-muwathanah) from the material of Kitab at-Tahliyah wa at-Targhib and Kitab Mukhtarul Ahadith. This value transformation can equip students to have an ethical paradigm in the form of moderate attitudes and views in maintaining the integration of state life. The findings of this study confirm that the values of maqasid sharia and tarbiyah can be integrated in the transmission of moderate religious education in Islamic education activities.

Protecting Child Labor Rights: Maqasid Sharia Framework and Policy Recommendations

Protecting Child Labor Rights: Maqasid Sharia Framework and Policy Recommendations

Implementing maqasid sharia: Impact on stability of Indonesian Islamic banks

Implementing maqasid sharia: Impact on stability of Indonesian Islamic banks

Optimalization of Green Sukuk as an Effort to Develop Sustainable Development (SDGs) in Review of Maqashid Sharia

Rapid economic development contributes to environmental sustainability. Some of the negative impacts caused by irresponsible economic activity are air pollution, water pollution, and damage to biodiversity, which ultimately contribute to climate change. This study aims to determine the role of green sukuk in sustainable development efforts in the Maqasid Sharia review. Green Sukuk is an innovative financial instrument based on Sharia principles to support Indonesia's commitment to address climate change. Awareness of the sustainability of nature is the basis for environmentally sound development. This research uses descriptive qualitative research methods with data collection techniques, namely literature and research studies obtained from scientific journals, scientific articles, books, and research reports that contain information on green sukuk, sustainable development, Sustainable Development Goals (SDGs), and Maqasid Sharia. The results of this study explain that the integration of green sukuk in sustainable development efforts is in line with Maqasid Sharia, which aims to provide benefits for the community. There are still relatively few studies that discuss the Maqasid Sharia perspective about green sukuk. Thus, this study contributes to the literature on Islamic finance and sustainable development by offering a new perspective on the potential of green sukuk in supporting SDGs and addressing the challenges of climate change in accordance with Sharia principles.

Reform of The Inheritance System: Between Islamic Law and Tradition of Sasak Tribe

This paper discusses the reform of the inheritance system between Islamic law and tradition of the Sasak tribe by investigating how religious leaders in Lombok view the inheritance distribution system and how to reform the inheritance system between Islamic law and tradition in the Sasak Lombok Community. This research uses qualitative methods with a case study approach, and data taken from the field was analysed using Jasser Auda's system theory regarding maqasid sharia. The result of reforming the Islamic law system and tradition in the Sasak tribe is to eliminate injustice within the Lombok NTB community by emphasising the value of inheritance property rather than its quantity. This approach ensures that inheritance distribution considers the value of assets, such as land, rather than merely dividing by area. For instance, the value of one hectare of strategically located land differs significantly from that of less strategically located land. Thus, instead of dividing the land by hectares, it is divided based on value, ensuring a fair distribution among the eldest brother, other brothers, and sisters. This method seeks to achieve justice for all parties involved.

Zakat vs Tax: A Maqasid Sharia Perspective

This study explores the comparison between zakat and tax within the framework of maqasid sharia perspective. Specifically, this study compares zakat and tax in terms of how effectively each system fulfills the objectives (maqasid ) of sharia such as hifz al-mal (protection of wealth), islah (rectification), hifz al-nafs (salvation of the soul), and 'adl (social justice). It aims to evaluate the extent of the impact of zakat and tax implementation on wealth distribution, poverty elimination, and the establishment of a just economic structure. Through a comprehensive analytical approach, this study evaluates the contribution of each instrument towards the realization of these objectives. A qualitative approach and a thematic literature review is adopted to explore evidences related to zakat vs tax from a maqasid sharia perspective. The result shows that zakat proves to be an effective tool in supporting equitable wealth distribution and social safety, while taxes provide consistent funding for public services. However, challenges such as compliance, transparency and fairness remain a critical focus. This research provides important insights into how the implementation of zakat and tax can be optimized to achieve the desired balance within the maqasid sharia framework.

THE ROLE OF GENDER STUDIES CENTER AND CHILD (PSGA) IAIN SALATIGA IN PREVENTING SEXUAL VIOLENCE PERSPECTIVE OF MAQASID SYARIAH

Sexual violence and harassment is a very inhumane act. This is a violation of both religious and state regulations. Nowadays, there are so many cases of sexual violence committed by perpetrators. Cases of sexual violence can take various forms of women, for example rape. In fact, this case does not only happen to adult women but also to children who are still underage. In essence, woman is a noble figure who must be protected. Therefore, the researcher has two questions related to this research, that : What steps does the PSGA take in preventing sexual violence and what is the role of PSGA in preventing sexual violence perspective of Maqasid Sharia. This research uses a type of qualitative research, namely research that aims to understand phenomena about what is experienced by research subjects, for example behavior, perceptions, motivations, actions, etc., holistically, and in a descriptive way in form of words and language, in a special natural context and by utilizing various natural methods. The results of this research are first steps of PSGA in preventing sexual violence, that: socialization, holding training, conducting counseling, having campus regulations, preparing guidelines related to sexual violence, making SOP (Standard operating procedure) and forming student agents. These are the steps that have been taken by PSGA to prevent sexual violence. Second, role of PSGA in preventing sexual violence has been carried out well through: As the leading sector (driving force) for violence prevention at IAIN Salatiga, as the person responsible for socializing prevention of sexual violence and drafting regulations of Chancellor regarding prevention and handling of sexual violence. These roles, when viewed from the perspective of Maqasid Sharia, basically have same goal as one of the goals of Maqasid Sharia that to protect the soul and descendant. Because if sexual violence does not occur, lives and descendant can be protected, which is what the PSGA actually hopes for.

ANALYSIS OF THE LEGAL PROVISION OF ISLAM AND THE MECHANISM OF LIFE INSURANCE

Islamic life insurance is a rapidly growing economic product in the Islamic economic environment. Although there are regulations and fatwas that regulate the mechanism and law of Islamic life insurance, scholars still have differing opinions about its permissibility. This paper aims to analyze Islamic fiqh about the law and mechanism of Islamic life insurance. The research method used is qualitative research with an empirical juridical approach. The analysis results show two main views among scholars regarding the permissibility of Islamic life insurance. Opinions allowing sharia life insurance refer to the principles of sharia and see it as a means of protection that can benefit the community. On the other hand, some opinions reject Islamic life insurance because it is considered to violate the fundamental principles of Islam, such as belief in God's destiny and avoidance of the elements of usury, gharar, and maisir. In the Indonesian context, the National Sharia Council (DSN) of MUI has issued fatwas and regulations related to the mechanism and law of Islamic life insurance. This fatwa is a solution to the two views of fiqh scholars and follows the principles of maqasid sharia.

Legal Awareness of Halal Products Certification among East Java Business Operators and Society

The number of business operators in East Java increases significantly each year but is unfortunately not accompanied by increased legal awareness. While many business operators are aware of the halal certification obligation, they need to actually comply to it. This research was conducted in East Java on 111 micro and small business operators and medium-sized enterprises (MSMEs) spread across several cities. A total of 450 respondents of various backgrounds who, at the time of research, had run their business for at least two years were involved in direct interviews and questionnaire surveys. This research focuses on discussing the awareness of business operators and the community in East Java based on Soerjono Soekanto's legal awareness (understanding, knowledge, obedience, and legal attitudes), and maqasid sharia. Efforts to increase knowledge and understanding of business owners of legal awareness still lacked due to non-existent sanctions and incomprehensive campaign. Meanwhile, in legal culture, there is a perception that food consumed by the community is not necessarily halal-certified. The government strategy to advocate legal awareness of halal product certification includes product acceleration through the halal product information (SIP Halal) system that is easily accessible to MSMEs.

RE-ADVOKASI ANGGARAN SAAT CORONA DALAM PERSPEKTIF EKONOMI ISLAM

The Covid-19 pandemic has profoundly impacted various facets of life, particularly the global economy. Numerous nations have found it necessary to reallocate budgets to address both the health crisis and the subsequent economic recovery efforts. From an Islamic standpoint, the allocation of funds during emergencies like pandemics is guided by distinct guidelines and principles. This study aims to assess governmental budget advocacy during the Covid-19 pandemic through the lens of Sharia rules and values. The primary focus lies in scrutinizing expenditure priorities based on maqasid Sharia and the welfare of the populace. The methodology employed involves a literature review, gathering data from diverse sources concerning state budgeting, fiscal policies amid the pandemic, and Islamic economic principles. Findings highlight the imperative to prioritize safeguarding life (hifdz nafs) and property (hifdz maal) as the principal objectives of Sharia-compliant budget allocation. Ensuring the fulfillment of basic needs, particularly among vulnerable groups, must be prioritized to uphold public welfare. Additionally, efforts towards economic recovery are crucial for maintaining the country's financial stability. This research contributes to fostering a coherent discourse on budget re-advocacy aligned with Islamic principles in navigating crisis scenarios such as pandemics

Animation In Hadith Prohibition Maqasid Syariah Perspective

Conveying messages through the medium of an animated video in today's life has become a necessity. However, there are still pros and cons to animation as a medium. One of them is the Islamic religious view of this work because it is related to drawing behavior. This situation creates a dilemma for animators because on the one hand, this job is a job that is quite in demand with relatively high pay, while on the other hand, work as an animator is more related to drawing activities because in a hadith there is a prohibition against drawing. This article focuses on what is the role and function of animation in human life today? How does animation serve various positive purposes in various aspects of human life today from a maqasid sharia perspective? The important conclusion of this article is that animation provides a number of benefits in maintaining and applying maqasid sharia because it has great power to influence human thoughts currently using visual-based technology. Whereas animator is a profession that provides benefits in the field of visual-based Islamic education and preaching, 3. Understanding the hadith which prohibits drawing living creatures needs to be reinterpreted in the context of Muslim life today.

Development of Progressive Islamic Law in Indonesia Regarding �Apostasy� as Grounds for Divorce: Insights from Maqasid Sharia

The development of Islamic law in Indonesia, particularly concerning apostasy as a cause of divorce, is significant in the evolution of Islamic law. The complexity of Indonesia's social and legal system poses challenges in integrating Islamic values with societal diversity. This research aims to understand the development of Islamic law in Indonesia regarding apostasy issues through the analysis of maqasid sharia. Using a descriptive-analytical approach, data from various sources are examined to understand the development of Islamic law in Indonesia, focusing on the implications of maqasid sharia regarding apostasy as a reason for divorce. Findings indicate that progressive Islamic law development in Indonesia emphasizes a balance between religion and individual justice, protecting individual rights in divorce and seeking fair solutions through legal reforms considering the principles of maqasid sharia.

SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH

This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.

Dynamics Response of Indonesian Islamic Law to the Protection of Intellectual Property Rights

Every work of innovation is a valuable intellectual property that should be protected by the state, according to Law No. 24 of 2014. However, Intellectual Property Rights are not adhered to by the public as there is much piracy. This is evident in the proliferation of websites providing pirated music, photocopies of books, and uploading songs that are sung again without permission from the creator. This necessitates a study related to the protection of Intellectual Property Rights (IPR) from the perspective of Islamic law. Building on the theory of maqasid sharia, the study shows that Islamic law views copyright as protected property because it is haq al-ibtikar containing the creator's exclusive, economic, and moral rights. From a fiqh perspective, the solution should be based on moral and economic demands. Therefore, it is necessary to strictly enforce the law against violations of Intellectual Property Rights because it is based on the appreciation and protection of creative rights, which signify professionalism.

Community economic empowerment through mosque management to improve people's welfare

This research aims to uncover and analyze the concepts and strategies for empowering the people's economy through the management of the Al-Falah Sragen pilot Mosque from the Maqasid Sharia perspective. This study uses qualitative methods with descriptive, sociological, and normative approaches. The research was located at the Al-Falah Mosque in Sragen, Central Java, Indonesia, the second pilot Mosque after the Jogokariyan Mosque in Yogyakarta. Data collection techniques by direct interviews with sources at the al-Falah Mosque, observation, and documentation. The study results show that the economic empowerment of the people around the Al-Falah Mosque has several appropriate management strategies, including 1). This Mosque has a clear vision and mission; 2). The distribution of neat Mosque management, 3). Solid Ta’mir organization, 4). Integrated MSME (micro small and Medium Enterprises) development. With these various strategies, the existence of this Mosque will be prosperous and beneficial for Indonesian Muslims in general and the community around the Al-Falah Mosque in Sragen in particular. While the economic empowerment activities of the Al-Falah Mosque in Sragen vary, including: 1). Religious studies, 2). Learning to read the Koran, 3). Tahsin qiro'ah, 4). Dhikr together, 5). Distribution of groceries, and 6) Incidental training, which makes the Al-Falah Mosque's breadwinner community continue to grow. In addition, from a Sharia point of view, all economic empowerment activities for the Al-Falah Sragen Mosque are by the Maqasid Sharia conceptualized by As-Syatibi, namely, to safeguard religion, property, soul, lineage, and honor.

Islamic Family Law Reform in Indonesia Through Supreme Court Circulars: A Maqasid Sharia Perspective

From 2012 to 2022, the Supreme Court of the Republic of Indonesia has issued ten new regulations through Supreme Court Circulars (SEMA) resulting from Plenary Chamber Meetings, which have produced 458 new legal rules. Among these new legal rules, 109 govern Islamic civil law, indicating that SEMAs represent another variation in the efforts to reform Islamic family law in Indonesia. This research aims to examine the existence and efforts of Islamic family law reform in Indonesia from the perspective of maqasid sharia according to contemporary scholars. This research uses a mixed-method approach, employing both statutory and conceptual approaches. Primary data sources consist of SEMAs from 2012 to 2022, and secondary data consist of legal regulations related to issues of Islamic family law, which are analyzed. The theory used for data analysis is the theory of maqasid sharia. The results of this research show that the reform of Islamic family law regulations in Indonesia through SEMAs from 2012 to 2022 is integrative with maqasid sharia. The regulations issued in SEMAs have fulfilled six aspects of maqasid sharia, namely: (a) aspects of faith, creed, and monotheism; (b) aspects of human nature and moral improvement; (c) aspects of common sense and legal contextualization; (d) aspects of human rights, freedom, equality, justice, and women's rights; (e) aspects of good order and civilization; (f) aspects of public interest (maslahah)

Examining the Ethical Considerations of Placing Elderly Parents in Nursing Homes: A Perspective on Maqasid Sharia and Social Welfare

The objective of this study is to examine the legal status of parental care in juvenile homes, which continues to be a source of contention within the community. Some view the act as an act of disobedience, while others view it from a different perspective. The theoretical framework employed to investigate this issue is the theory maqasid sharia. The rationale for this approach is that it is considered to be a relevant methodology, and no other research has been identified that employs this theory. This type of research is normative legal research, which involves the examination of primary legal materials pertinent to the research. The results of this study indicate that entrusting parents to juvenile homes does not necessarily imply a rupture in the relationship between children and parents. Instead, it allows for the maintenance of positive relations with parents while avoiding the negative consequences of neglecting them. Consequently, this study aligns with maqasid sharia including the protection of parents' lives (hifz al-nafs), enabling parents to focus on worship (hifz al-Din) safeguarding against negative thoughts between them (hifz al-�aql), pertains to the avoidance of children doing wrong if they gather in the same house (hifz al-Nasl) and encompasses the maintenance of good relations between parents and children as an asset (hifdz al-mal). The results of this study are undoubtedly contentious, particularly when viewed through the lens of divergent trends. Nevertheless, the findings of this study can serve as a reference point to prevent the immediate assumption of unfaithfulness in children who leave their parents in nursing homes.

Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis

This article aims to examine domestic violence from the perspective of Islamic law with a focus on the maqasid sharia. This study is important to present as a counter-narrative to the widespread view that Islam legalizes violence, due to the tradition of reading normative texts (the Qur'an and Hadith) in a textualist manner. This research uses a quasi-qualitative and descriptive approach and falls into the category of library research. In gathering data sources, the researcher used various instruments, such as observation and documentation or study of related documents. The primary data sources of this research are the Qur'an, Hadith, and fatwas of scholars, while the secondary data sources consist of other relevant literature such as books and journals related to the topic under study. The analysis used by the researcher includes data reduction, data display, and conclusion drawing. To clarify the validity of the data, the researcher conducted source and method triangulation. From the study conducted, this research concludes that Islamic teachings reject domestic violence and advocate for a humane and just approach within the framework of Islamic law. The prophetic tradition reinforces the prohibition against violence towards women based on the principle of mu�asyarah bi al-ma�ruf (living together in kindness) in Islam. This study encourages the goverment and related institutions to strengthen legal protection for victims and to enforce strict sanctions against perpetrators of violence.

Revitalizing Justice in Fiqh: Revisiting Non-Retroactive Principles to Address Sexual Violence

Handling sexual violence cases requires a holistic, human rights-based approach, encompassing prevention, protection, law enforcement, recovery, and ensuring victims' access to justice. Islam advocates equality for all, but its implementation is constrained by the improper handling of many sexual violence cases due to the non-retroactive Sexual Violence Law. This paper proposes the urgency of upholding the principle of retroactivity in criminal law and Fiqh Jinayah to build an anti-sexual violence construction based on justice and equality. This normative juridical research employs conceptual, statutory, philosophical, and historical approaches. This approach provides an in-depth understanding of the concept of justice in the handling of sexual violence, according to Sharia. This study uses the Islamic legal literature and comparative legal studies to examine the urgency of upholding the retroactive principle in criminal law and Fiqh Jinayah. This study confirms that applying the retroactive principle to sexual violence is consistent with the six characteristics of Maqasid Sharia: cognitive nature, interconnectedness, wholeness, openness, multidimensionality, and purposefulness. The retroactive principle is necessary in cases of sexual violence as the primary rule in addressing such crimes, in addition to complementing existing laws and regulations. This principle is crucial to ensure fair law enforcement in cases of sexual violence.

PENGETATAN POLIGAMI DI INDONESIA PERSPEKTIF MAQASHID SYARIAH DAN HUKUM POSITIF

Polygamy is a solution to social problems given in Islam, how an adult male can marry more than one woman. of course it is not arbitrary for an adult man to do this, he must also know the laws and provisions that apply in Fiqh, and the State, especially in countries in Indonesia where there are constitutional laws as well as positive laws, through this research with the title: tightening polygamy in Indonesia; the perspective of Maqasid Sharia and positive law, is expected to be a solution for Muslims to the anxiety that occurs in Islamic society in Indonesia.