At-Tahdzib: Jurnal Studi Islam dan Muamalah
Journal title At-Tahdzib: Jurnal Studi Islam dan Muamalah Initials At-Tahdzib Frequency Two issues per year DOI Prefix 10.61181 Online ISSN 2503-1929 Print ISSN 2089-7723 Editor-in-chief Ali Audah Publisher LP3M STAI At-Atahdzib, Rejoagung, Ngoro, Jombang, East Java, Indonesia Citation Analysis Google Scholar| Garuda | Dimensions At-Tahdzib: Jurnal Studi Islam dan Muamalah is an academic journal that focuses (not limited) on in-depth studies on Islamic studies and muamalah (economic and social aspects of Islam). This journal aims to facilitate scientific discussion and dissemination of knowledge in the field of Islamic religious sciences and the application of sharia principles in economic and social life. Improve understanding of Islamic theory and practice in a modern context. Encourage high-quality research in the field of Islamic studies and muamalah. Provide a platform for academics, researchers, and practitioners to share knowledge and experiences. At-Tahdzib: Jurnal Studi Islam dan Muamalah covers various aspects of Islamic studies, including history, tafsir, hadith, fiqh, and contemporary Islamic theories. Research examining the development of Islamic thought and its application in modern society is also a major concern. Articles discussing the principles of Islamic economics, trade law, sharia financial management, and business ethics in an Islamic context. This includes studies on sharia-compliant economic practices as well as challenges and innovations in this field. At-Tahdzib: Jurnal Studi Islam dan Muamalah publishes articles in English. The article acceptance process is carried out through peer-review to ensure high quality and scientific contribution. Published since 2013 every March and September by the Institute for Research, Development and Community Service (LP3M) of the Sekolah Tinggi Agama Islam At-Tahdzib Rejoagung, Ngoro, Jombang, East Java, Indonesia. For more information about the latest edition, author guidelines, or access to articles, contact the editorial team via the email listed (contact).
Sekolah Tinggi Agama Islam At-Tahdzib, Ngoro, Jombang, Indonesia
Criticism of Sanad Hadith in DSN-MUI Fatwa No. 115/DSN-MUI/IX/2017 on the Mudharabah Contract
Background. The fatwa of the National Sharia Council–Indonesian Ulema Council (DSN-MUI) serves as a bridge between Islamic legal principles and modern financial practices in Indonesia, including in the regulation of mudharabah contracts through DSN-MUI Fatwa No. 115/DSN-MUI/IX/2017. This fatwa is based on the Qur’an, hadith, and ijtihad of scholars as its normative basis. However, the quality of the hadith referred to has not been comprehensively explained, even though its validity is highly dependent on the takhrij process which includes source tracing, analysis of sanad and matan, and determination of the hadith’s degree according to the rules of hadith science. Aim. This study aims to analyze the quality of the hadiths used in DSN-MUI Fatwa No. 115/DSN-MUI/IX/2017 concerning Mudharabah Contracts through the hadith takhrij approach. Methods. This research is a qualitative study using library research methods. Data sources include the main books of hadith (kutub al-tis’ah), books of hadith commentary, and rijal al-hadith literature. The research process is carried out through identification of hadith in fatwas, tracing of narration sources in lafzi and ma’nawi, analysis of the continuity of the sanad (ittishal al-sanad), evaluation of the credibility of narrators based on jarh wa ta’dil, and assessment of the quality of hadith from the sanad aspect to determine its degree (sahih, hasan, or da’if). Results. The hadith used in the fatwa does not yet have a completely authentic level. So it is still necessary to search for supporting hadiths of authentic quality.
Copyright (c) 2025 Purwantoro https://creativecommons.org/licenses/by/4.0
Reconstruction of Sharia Stock Law in Indonesia: A Normative Analysis of Musharakah Fiqh on the Jakarta Islamic Index
Background. The development of the Islamic capital market in Indonesia has positioned Islamic stocks as a primary investment instrument, normatively constructed based on the musharakah contract. However, the practice of Islamic stocks, represented by the Jakarta Islamic Index (JII), still raises issues regarding their compliance with the substantive principles of fiqh (Islamic jurisprudence) of musharakah, particularly regarding partnership, risk sharing, and fairness. Aim. This study aims to critically analyze the suitability of sharia shares in JII with the principles of fiqh musharakah and to formulate a conceptual reconstruction of sharia shares from the perspective of sharia economic law. Methods. This study uses a normative legal approach with a library research method. The analysis was conducted through a juridical-normative approach to muamalah (Islamic jurisprudence) and a juridical-normative approach by examining fatwas from Dewan Syariah Nasional Majelis Ulama Indonesia (DSN-MUI), Islamic capital market regulations, the Islamic Securities List, and academic literature related to Islamic stocks and musharakah. The data were analyzed qualitatively and descriptively using a critical analysis pattern to compare the principles of musharakah jurisprudence and Islamic stock practices in the Indonesian capital market. Results. Sharia-compliant stocks in the JII have met formal sharia compliance through regulatory screening mechanisms, but do not fully reflect the substantive principles of fiqh of musharakah. Partnership relations, real risk sharing, and the principle of fairness are still diminished due to the dominant capital gain orientation and the transactional nature of share ownership. This study offers a theoretical contribution in the form of a reconstruction of sharia-compliant stocks as partnership-based equity that emphasizes substantive sharia compliance, risk sharing, and a maqasid al-syariah orientation.
Copyright (c) 2025 Meri Piryanti https://creativecommons.org/licenses/by/4.0
Integration of Islamic Finance and Green Economy in Realizing Sustainable Finance in Indonesia
Background. Integrasi keuangan syariah dan ekonomi hijau menjadi isu strategis dalam upaya mewujudkan keuangan berkelanjutan di Indonesia, seiring dengan meningkatnya kebutuhan pembiayaan untuk transisi menuju pembangunan rendah karbon. Aim. This study aims to analyze the role, challenges, and opportunities of Islamic financial integration in supporting the implementation of a green economy in Indonesia, particularly in the context of national policies and the development of the Islamic financial industry. Method. This study employed a descriptive qualitative approach with library research. Data were obtained from secondary sources, including scientific books, accredited journal articles, policy documents, and official reports from national and international institutions such as the Financial Services Authority, Bank Indonesia, the Ministry of Finance, and the Global Green Growth Institute. Data analysis was conducted using content analysis techniques to identify the alignment between Islamic finance principles, green economy objectives, and the applicable regulatory framework. Result. The research findings demonstrate that Islamic finance aligns normatively with green economic principles, particularly in terms of fairness, sustainability, and orientation toward the real sector. Instruments such as green sukuk, profit-sharing financing, and Islamic fintech have significant potential to support inclusive green financing. However, this integration still faces various challenges, including limited green financial literacy, the lack of standardized Sharia-based ESG indicators, and the national economy's dependence on fossil fuels. This research recommends strengthening regulations, innovating green Islamic financial products, and utilizing digital technology as key strategies to accelerate Islamic finance's contribution to green economic development in Indonesia.
Copyright (c) 2025 Misbachul Munir https://creativecommons.org/licenses/by/4.0
Exploring Economic Potential in Religious Tourism Areas Through A Tourism Awareness Paradigm
Background. This article discusses the economic potential in religious tourism areas in Indonesia through the tourism awareness paradigm. The tourism sector, particularly religious tourism, has become an important pillar in economic growth, contributing around 4.5% to the national Gross Domestic Product (GDP). Aim. With the increasing number of domestic and international tourists, religious tourism areas such as Borobudur Temple and Istiqlal Mosque show a significant impact on regional income and job creation. Method. This study uses a qualitative approach with the Systematic Literature Review (SLR) method to identify economic opportunities and existing challenges. Result. The results of the study show that the application of the tourism awareness paradigm can increase community participation in the management and preservation of religious sites, as well as encourage the development of supporting infrastructure. Empowering local communities through small and medium enterprises (SMEs) also plays an important role in achieving sustainable economic benefits. Thus, the development of religious tourism areas not only improves the welfare of the community, but also preserves local culture and traditions.
Copyright (c) 2025 Abdul Wakhid, Muhammad Syafi'i Budi Santoso, Zakiyyah Ilma Ahmad, Dimyati https://creativecommons.org/licenses/by/4.0
The Paradigm of the Musharakah Mutanaqishah Contract: Between Theory and Practice
Background. The Musyarakah Mutanaqishah (MMQ) contracts have become one of the leading products in the global Islamic Banking industry, especially for financing long-term assets such as property, vehicles, and as a refinancing scheme. Aim. Its partnership-based concept is considered to better represent the principles of fairness and risk-sharing than debt-based contracts. However, in its implementation, various challenges and debates have arisen regarding the compatibility of the theoretical framework in Islamic jurisprudence with practices in Islamic financial institutions (IFIs). Methods. This qualitative research aims to examine the theoretical paradigm of the MMQ contract, analyze its practical application in Indonesian Islamic Banking, and identify potential gaps between the two. Using a literature review and field study approach through document analysis and in-depth interviews with practitioners, this study found that while conceptually MMQ offers a true partnership scheme, its practice often exhibits tendencies closer to lease-based (ijarah) or debt-based (murabahah) financing models. Results. Gap This seen the more clear in application refinancing scheme, the structure of which can cause debate jurisprudence related ban on bai’ al-’inah. Gaps This identified in aspects ownership assets, mechanisms distribution risks and benefits, as well as structure contract dual (hybrid contract). Implications touch aspect sharia compliance, protection consumers, and challenges regulation. Research This recommend the need strengthening framework regulation, innovation more products substantial, as well as improvement literacy for practitioners and clients for ensure MMQ implementation in line with maqashid sharia.
Copyright (c) 2025 Syafiul Umam, Zakiyyah Ilma Ahmad, Muhammad Syafi'i Budi Santoso, Ahmad Zainul Abidin https://creativecommons.org/licenses/by/4.0
Beef Arisan Practices from the Perspective of Sharia Economic Law: A Study in Dusun Jimus
Background. Various community-based economic practices continue to develop in rural areas, including the arisan daging sapi (beef-rotation scheme). This practice is carried out by residents as an alternative method to obtain beef at a more affordable and structured manner. However, the mechanism of payment rotation, price determination, and distribution raises questions regarding its compliance with the principles of Islamic Economic Law, particularly related to gharar, maisir, and fairness of exchange. Aim. This study aims to examine the legal status of the arisan daging sapi practiced in Dusun Jimus, Karanganyar Village, Wates District, Kediri Regency, as viewed from the perspective of Islamic Economic Law. The research focuses on identifying the contract (akad) used, analyzing the presence of prohibited elements, and determining whether the practice aligns with sharia principles. Methods. This research employs a qualitative descriptive method with an empirical juridical approach. Data were collected through observation, in-depth interviews with organizers and participants of the arisan, and documentation related to its implementation. The analysis was conducted through data reduction, classification, interpretation, and drawing conclusions based on the framework of Islamic Economic Law. Results. The findings indicate that the arisan daging sapi in Dusun Jimus generally operates based on mutual agreement and community trust. The practice does not contain elements of maisir and is free from excessive gharar, as payment schemes and distribution schedules are clearly agreed upon. Nevertheless, several weaknesses were identified, including the absence of written agreements and potential price disparities that may affect fairness. Overall, the practice is permissible (mubah) as long as transparency, fairness, and clarity of the akad are consistently maintained.
Copyright (c) 2026 Mila Durrotus Saniyah, Dzin Nun Naachy https://creativecommons.org/licenses/by/4.0
Sharia Economic Law on Buying and Selling Transactions via QRIS: A Review
Background. The rapid development of digital payment systems has significantly transformed buying and selling transactions in Indonesia, particularly through the implementation of the Quick Response Code Indonesian Standard (QRIS). Although QRIS is widely adopted by micro and small business actors due to its efficiency and practicality, studies examining its compliance with Islamic economic law remain limited. This condition raises important questions regarding the validity of contracts, transparency of transactions, and the potential presence of prohibited elements such as riba, gharar, and maysir within digital payment mechanisms. Aim. This article aims to analyze the practice of buying and selling transactions using QRIS and to examine their conformity with the principles of Islamic economic law, focusing on the legality of the transaction mechanism and its adherence to sharia principles. Methods. This study employs a qualitative research method with a case study approach. Data were collected through observations, in-depth interviews with merchants and consumers, and documentation in Rejoagung Village, Jombang Regency. The data were analyzed descriptively using the theoretical framework of Islamic economic law. Results. The findings indicate that QRIS-based transactions generally fulfill essential elements of valid transactions, including mutual consent, clarity of transaction objects, and certainty of payment. From the perspective of Islamic economic law, buying and selling transactions using QRIS are permissible as long as they do not involve elements of riba, gharar, or maysir, and uphold principles of justice, transparency, and accountability. Therefore, QRIS can be considered a legitimate payment instrument in Islamic commercial transactions, provided that sharia principles are consistently observed.
Copyright (c) 2026 Hana Nihayah, Muhammad Ma'rur https://creativecommons.org/licenses/by/4.0
Innovation and Challenges of Musyarakah Contracts in Islamic Financial Institutions: Fintech Integration, Smart Contracts, and the Role in MSME Financing (Empirical and Policy Review, 2021–2025)
Background. The acceleration of financial digitalization in the 2021–2025 period has encouraged Lembaga Keuangan Syari’ah (LKS) to develop musyarakah contract innovations through fintech integration and the use of blockchain-based smart contracts, as well as making musyarakah a strategic instrument in strengthening the productive financing of MSMEs. Aim. This research aims to analyze the development of these innovations as well as identify regulatory, operational, and technological challenges that affect the effectiveness of their implementation in the Islamic finance industry. Methods. Using empirical and policy review methods with a mixed-method approach including secondary data analysis from the Otoritas Jasa Keuangan, Islamic banking and fintech reports, academic studies 2021–2025, as well as thematic qualitative analysis of regulations and fatwas. Results. This study found that the integration of fintech and smart contracts can improve transparency, monitoring accuracy, speed of the financing process, and mitigation of moral hazard risks in musyarakah schemes, while the main challenges are related to regulatory fragmentation, readiness of digital infrastructure of LKS, data security risks, and low sharia technology literacy. These findings emphasize the need for policy harmonization, standardization of sharia smart contracts, and collaboration between regulators, LKS, and fintech players to maximize the potential of deliberation in supporting the empowerment of MSMEs in the digital economy era.
Copyright (c) 2026 Dewi Riza Lisvi Vahlevi https://creativecommons.org/licenses/by/4.0
Hak Warisan Wanita dalam Perspektif Hukum Islam
Background. The issue of women’s inheritance rights has long been a subject of discussion in Islamic law. Although the Qur’an establishes a ratio of two-to-one between male and female heirs, many modern scholars and feminists challenge this provision, arguing for equal inheritance based on justice and social changes. Aim. This study aims to analyze the development of female inheritance rights within the framework of Islamic law, focusing on socio-historical factors and debates that have shaped its evolution, and to predict possible directions for its future interpretation. Methods. This research employs a library-based qualitative approach (library research) by examining classical fiqh literature from the four schools of thought and comparing them with contemporary interpretations and gender justice discourses. Results. The study finds that the classical formulation of 2:1 emerged during the socio-historical context of a patriarchal society, in which women had minimal public and economic roles. However, in contemporary contexts, where women increasingly contribute to family and public life, scholars propose more egalitarian approaches, either through reinterpretation or consensual redistribution mechanisms such as hibah and shadaqah. The study recommends a mediating framework between textual and contextual readings to achieve both fidelity to scripture and social justice.
Copyright (c) 2025 Moh. Zunaidi Halimi https://creativecommons.org/licenses/by/4.0
Sistem Payroll dalam Pengumpulan Zakat Profesi Aparatur Sipil Negara: Kajian Hukum Islam dan Kebijakan Daerah
Background. Professional zakat represents an adaptation of classical zakat jurisprudence to the realities of the modern economy, particularly for civil servants (ASN) who receive regular salaries. The Indonesian government has implemented an automatic salary deduction (payroll system) to facilitate zakat collection through BAZNAS and UPZ. However, this policy raises questions of shar‘ī validity, especially regarding the fulfillment of nisab requirements and the intention (niyyah) of the zakat payer (muzakki). Aim. This study aims to analyze the conformity of the payroll zakat system for civil servants with Islamic legal principles and its alignment with regional zakat regulations in Indonesia. Methods. The research employs a qualitative library research approach using content analysis of classical and contemporary fiqh literature, statutory laws, and regional regulations concerning professional zakat. Results. The findings indicate that the payroll system effectively enhances participation and transparency in zakat collection through official institutions such as BAZNAS and UPZ. Nevertheless, from a fiqh perspective, uniform deductions without verifying the nisab threshold—set at the equivalent of 85 grams of gold or approximately IDR 85,685,972 per year—raise issues of zakat validity. Zakat is obligatory only for those whose income meets or exceeds this threshold after essential needs are deducted; otherwise, deductions should be classified as voluntary shadaqah tathawwu‘iyyah. Therefore, harmonization between regional regulations, MUI fatwas, and BAZNAS guidelines is essential to ensure that the payroll zakat system is not only administratively efficient but also valid and just according to Islamic law.
Copyright (c) 2025 Muhammad Ma'rur https://creativecommons.org/licenses/by/4.0
Analisa Fatwa Dewan Syariah Nasional No. 07/DSN-MUI/IV/2000 Tentang Jaminan dalam Pembiayaan Mudharabah
Background. The National Sharia Council (DSN-MUI) Fatwa No. 07/DSN-MUI/IV/2000 on Mudharabah Financing regulates provisions regarding the use of collateral in mudharabah contracts. This issue is significant because, in principle, sharia emphasizes trust between the shahibul maal (capital provider) and the mudharib (entrepreneur), while collateral is viewed as a means of risk mitigation. Aim. This study aims to analyze the content of the fatwa, particularly the position of collateral in mudharabah financing, and to assess its relevance and implications for the practice of Islamic financial institutions in Indonesia. Methods. The research applies a library research method with a normative-juridical and qualitative approach, examining the text of the fatwa, literature on fiqh muamalah, Islamic banking regulations, as well as practical applications in financial institutions. Results. The analysis shows that the DSN-MUI Fatwa allows the use of collateral in mudharabah financing not to cover business losses, but rather as a safeguard in cases of negligence or misuse of funds by the mudharib. This provision aligns with the prudential principle in Islamic finance. However, in practice, the use of collateral sometimes shifts the meaning of mudharabah from a trust-based partnership toward a more transactional nature. Therefore, a balance is required between sharia compliance and the practical needs of financial institutions to ensure that the essence of justice and partnership in mudharabah contracts is preserved.
Copyright (c) 2024 Meri Piryanti https://creativecommons.org/licenses/by/4.0
Waqf as an Instrument of Social Ethics: A Study of Islamic Legal Philosophy on Altruism and Ownership
Background: In the tradition of Islamic law, waqf functions not only as an economic or social worship instrument but also as an embodiment of transcendent ethical values, emphasizing ownership as a trust and altruism as a social principle. However, the development of waqf studies in Indonesia remains largely dominated by technical, administrative, and productive-economic approaches, with limited attention to the underlying value structures and moral logic. Aim: This study aims to examine waqf as an instrument of social ethics within the framework of Islamic legal philosophy, focusing on three core concepts: ownership, altruism (īthār), and maqāṣid al-sharīʿah. Methods: This research employs a qualitative normative-philosophical approach using hermeneutics and textual analysis. Primary data are drawn from classical works such as those of al-Shāfiʿī, al-Ghazālī, Ibn ʿĀshūr, and Mutahhari, while secondary data are obtained from academic journals indexed in Scopus and SINTA. The analysis applies ontological, axiological, and epistemological readings of ownership concepts and waqf practices. Results: The findings reveal that waqf, in its philosophical sense, represents the relinquishment of private ownership as an act of spiritual devotion that bridges faith and social responsibility. Altruism in Islam is not merely a moral behavior but a structured ethic integrated within the Islamic legal system. Therefore, the understanding of waqf should be constructed not only through formal legal aspects but also as a reflection of the ethical logic of Islamic law, oriented toward public welfare and social justice.
Copyright (c) 2025 Moh. Nazih Syifauddin, Bustanul Arifin, Meri Piryanti https://creativecommons.org/licenses/by/4.0
The Dynamics of Conservatism in Halal Certification, Sharia Regional Regulations, and Moral Regulation: A Study of Islamic Legal Policy in Indonesia
Background. Holistic and interconnected studies on halal certification, sharia regulations, and moral regulations as real manifestations of the conservative movement in Indonesian Islamic legal policy are still limited. Aim. This article examines the dynamics of conservatism in Islamic legal policy in Indonesia, focusing on halal certification, sharia-based local regulations (sharia regional regulations), and moral regulation. The central issue addressed is how conservative movements influence the formulation and implementation of Islamic legal policies at both national and local levels. Method. This study employs a library research method with a descriptive qualitative approach, analyzing academic literature, legal documents, and relevant empirical data. Result. The findings reveal that halal certification, sharia regulations, and moral policies serve not only as instruments of religious and consumer protection, but also as tools for social control, economic selection, and consolidation of majority identity politics. However, these policies present challenges such as unequal access, potential discrimination against minorities, and the narrowing of civil liberties. The study underscores the importance of developing fair, inclusive, and dialogical Islamic legal policies to promote social cohesion and justice within a multicultural society.
Copyright (c) 2025 Bustanul Arifin, Moh. Ulumuddin, Ahmad Insya Ansori https://creativecommons.org/licenses/by/4.0
Exploring the Scientific Truth of Marriage Dispensation: An Interdisciplinary Study of Islamic Teachings
Background. This scientific paper examines marriage dispensation in Islam through an interdisciplinary approach that combines the perspectives of religion, law, sociology, psychology, and health. Marriage dispensation, as a form of legal exception in early marriage, is often understood narrowly only from the religious normative side. In fact, in the contemporary social and scientific context, this practice has multidimensional implications that require a more holistic analysis. By examining the sharia arguments and the maqashid al-syari'ah framework. Aim. The findings show a gap between the understanding of dogma and scientific reality that should complement each other. Therefore, a contextual reinterpretation of Islamic teachings is needed that takes into account scientific and humanitarian dimensions. This study recommends the integration of revelation and science as a basis for formulating a just and sustainable marriage dispensation policy. Thus, an interdisciplinary approach becomes an important tool in exploring the scientific truth of religious dogma wisely and responsibly. Methods. The research method in the study that you have compiled is an interdisciplinary qualitative approach with a case study strategy and empirical data analysis. The following is a complete description of the interdisciplinary qualitative approach. This study uses a qualitative approach because it aims to understand the meaning, views, and social impacts of the practice of marriage dispensation, not to test hypotheses statistically. This approach is interdisciplinary because it combines perspectives from its purpose is to produce a comprehensive and contextual understanding of the issue of marriage dispensation and this strategy was chosen to examine several concrete cases of marriage dispensation in Indonesia, including data from religious courts and interviews available in reports from official institutions such as UNICEF, National Commission on Violence Against Women, and Indonesian Child Protection Commission. Case studies allow for in-depth analysis of the social and religious dynamics behind the practice. Results. This study recommends the integration of revelation and science as a basis for formulating a just and sustainable marriage dispensation policy. Thus, an interdisciplinary approach becomes an important tool in exploring scientific truth from religious dogma wisely and responsibly.
Copyright (c) 2026 Yayat Dimyati https://creativecommons.org/licenses/by/4.0
Harmonization of Water Management Regulations Post Constitutional Court Decision Number 85/PUU-XI/2013 in the Perspective of al-Maslahah al-Mursalah
Background. The Constitutional Court has annulled Law Number 7 of 2004 concerning Water Resources because it is contrary to the 1945 Constitution of the Republic of Indonesia. The Court returned all forms of water resource regulation to Law Number 11 of 1974 concerning Irrigation. The legal changes have an impact on water management companies in Indonesia. Aim. This article examines the legal consequences of Constitutional Court Decision Number 85/PUU-XI/2013 on corporate water governance from the perspective of al-Maslahah al-Mursalah. Methods. Normative legal studies, using the legislative, case, and conceptual approaches. Data were obtained through literature studies, and analyzed using qualitative descriptive analysis. Results. Companies that continue to utilize water resources without clear authority can be categorized as a form of theft or seizure of water resources. According to Article 15 Paragraph (2) of the Water Law, this is detrimental to the state. The Water Law does not fully emphasize that only the state has the right to manage water resources. Based on al-maslahah al-mursalah with the right to exploit water resources, water is a source of livelihood and hifdz a-maal. The government should make strict regulations in accordance with al-maslahah al-mursalah to create benefits and avoid damage (jalb al-mashalih dar'u wa al-mafasid).
Copyright (c) 2025 Roikhan Arif Pambudi https://creativecommons.org/licenses/by/4.0
Memorizing Alfiyah as a Wedding Dowry fromthe Perspective of Maqashid Sharia
Background. The dowry changes according to social, cultural, and economic conditions. The use of Alfiyah memorization as part of the dowry can have a deeper meaning within the maqashid sharia framework. Aim. This study examines the concept of memorizing Alfiyah as a marriage dowry in maqashid sharia and its implementation. Methods. This literature review qualitatively attempts to understand social problems (dowry) holistically which are formed through detailed grammar. Library source data are analyzed qualitatively with the process of data reduction, data presentation, and drawing conclusions or verification. Results. Dowry in Islamic law is a gift from a man to a woman as part of the marriage process. Dowry has a deeper meaning than just material value. The type of dowry depends on the form, value, or characteristics of the gift. The memorization of Alfiyah as a dowry in the concept of Maqashid Syariah can be seen from its objectives, namely Hifz al-Din, Hifz al-Nafs, Hifz al-Aql, Hifz al-Nasl, and Hifz al-Mal. The implications of memorizing Alfiyah as a dowry can have different impacts depending on the cultural context, religion, and social views of the community.
Copyright (c) 2025 Ahmad Khotim https://creativecommons.org/licenses/by/4.0
Problems of Qibla Direction Shift Due to Earth Plate Shift in Indonesia
Background. Facing the Qibla is a requirement for valid prayer. There is an issue of shifting the direction of the Qibla in Indonesian mosques due to an earthquake. The Indonesian Ulema Council (MUI) held a hearing and issued a fatwa. The fatwa caused public unrest because it did not comply with the agreement of experts in the science of Falak and Astronomy. Aim. This article aims to straighten out the controversy over the direction of the Qibla which appears to have shifted due to an earthquake and provide solutions to resolve problems related to changes in the direction of the qibla in mosques in Indonesia. Methods. Literature study takes data from primary data sources (Lajnah Falakiyah, Falak experts, books by classical and contemporary ‘ulemas that specifically discuss the Qibla), and; secondary data sources (books, journals, and notes that are relevant to the study of the Qibla). The data are analyzed using content analysis to make inferences objectively and systematically. Results. The shifting of the earth’s plates only affects changes in the earth’s map in a time span of tens or hundreds of millions of years, and will not have a significant impact on changes in the direction of the Qibla outside Makkah in the span of current human civilization.
Copyright (c) 2025 Akmam Mutrofin, Faradhina Millatul Maula Syarifah, Titin Sundari, Yayat Dimyati, Rohmat Hidayat https://creativecommons.org/licenses/by/4.0
Urinary Ethics in the Perspective of Hadith
Backgound. The ethics of defecating in Islam are not only related to physical cleanliness, but also include the spiritual and social dimensions of Muslims. The hadiths of the Prophet Muhammad SAW provide clear guidance on the procedures and manners of defecating, which aim to maintain cleanliness, health, and social harmony. Although textually we often encounter contradictions between hadits mukhtalif the ethics of defecating. Aim. This article aims to analyze the ethics of defecating taught in the hadith, especially hadiths that textually appear to be mukhtalif. The author analyzes the main principles contained therein, and explores the relevance of these teachings in modern life. Methods. With a textual and contekstual analysis approach to relevant hadiths. This article will reveal how important it is to interpret hadith contextually, and how to understand the mukhtalif hadiths. Results. The hadith of the Prophet Muhammad SAW shows the Islamic religion's concern for cleanliness, politeness, and respect for certain places. After conducting in-depth research, it was found that there were no contradictions between the hadiths were found.
Copyright (c) 2024 Purwantoro https://creativecommons.org/licenses/by/4.0
Islamic Family Law Perspective on Marrying Pregnant Women
Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman who is pregnant outside of marriage, either married to the man who impregnated her or to the man who did not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). The Compilation of Islamic Law regulates the marriage of pregnant women in Article 53. The differences of opinion among scholars regarding the marriage of pregnant women due to adultery do not bring blessings to the community. The Compilation of Islamic Law states that children resulting from adultery legally do not have a kinship relationship with their father, even though the father formally acknowledges and legitimizes that the child is his own child. They do not have the intended relationship, be it family relationships, guardianship in marriage or inheritance issues. The child only has a bloodline relationship with his mother.
Copyright (c) 2024 Farid Anfasa, A. Kumedi Ja’far https://creativecommons.org/licenses/by/4.0
Calculating of Month and Day of Birth Ahead of The Wedding Day in The Javanese Culture: Perspective of Maqashid Al-Syari’ah
Background. Counting the month and day of birth is ritual; respect for traditions and beliefs that have existed for a long time in society; considered as one way to ensure that the couple starts their new life well and receives blessings from God. Aim. Examines the role of Javanese culture in calculating the month and day of birth in relation to the upcoming wedding, as well as its relevance from the perspective of maqashid al-shari’ah. Method. Qualitative approach involving in-depth interviews and participatory observation. Thematic analysis was employed to identify key themes of data and to connect with the theory of maqashid al-shari’ah. Results. The practice carries values aligned with maqashid al-shari’ah, such as the protection of offspring and the formation of harmonious family relationship; provides spiritual and social reinforcement for the Javanese community; fostering mutual respect and strengthening the bonds between individuals and their traditions and beliefs.
Copyright (c) 2024 Mas’ud https://creativecommons.org/licenses/by/4.0
Nikāh Sirri and Its Impact: The Perspective of Maqashid Ash-Shari’ah of Imam Asy-Syathiby
Background. The legal status of nikāh sirri (secret or unregistered marriage) is controversial because it is not announced and not officially recorded. The views of scholars on secret marriage and the factors causing it, as well as the legal regulations in force in Indonesia, need to be studied. Aim. Examines nikāh sirri from the perspective of maqāṣid asy-syari’ah, which includes five essential goals of Islamic law: the maintaining religion (hifẓ ad-dīn), soul (hifẓ an-nafs), descendants (hifẓ an-nasl), property (hifẓ al-māl), and reason (hifẓ al-’aql). Method. This research utilizes a literature review with a descriptive-analytical approach to Islamic jurisprudence and relevant regulations. Result. Nikāh sirri causes more harm (mafsadat) than benefit (maslahat), particularly concerning the rights of wives and children in inheritance, financial support, and legal protection. Based on maqāṣid asy-syari’ah, nikāh sirri is considered impermissible (haram) due to its adverse effects on mental well-being, economic instability, and threats to legitimate lineage. The formal registration of marriage is crucial for ensuring the protection of family rights.
Copyright (c) 2024 Zainal Fanani https://creativecommons.org/licenses/by/4.0
Green Banking: The Perspective of Maqãshid Al-Syari’ah
Background. Global environmental challenges are driving every sector. Banking must adapt and contribute to achieving sustainable development. Green banking has emerged as an innovative solution that focuses on financial benefits as well as environmental and social responsibility. Aims. Integrating the principles of maqãshid al-Syari̅’ah with the concept of green banking. Method. The literature study uses a qualitative approach with descriptive analysis to better understand the concept of green banking in the context of maqãshid al-Syari̅’ah Result. Green banking not only contributes to environmental preservation but also helps banks build a stronger and more sustainable portfolio. The conclusion of this research emphasizes the importance of applying maqãshid al-Syari̅’ah principles to support the sustainability of the banking sector in the future.
Copyright (c) 2024 Ahmad Insya Ansori https://creativecommons.org/licenses/by/4.0
Analysis of Securities Crowdfunding from the Perspective of Maqashid Al-Shari'ah
Background. Shari’ah fintech has great potential to promote financial inclusion and improve access to financial services that comply with Islamic principles. The challenges in financial literacy, regulation, and Shari’ah compliance still need to be addressed to maximize this potential. Aim. This study aims to describe and analyze the implementation of fintech in Shari’ah-compliant securities crowdfunding in Indonesia and evaluate its alignment with the principles of Maqashid al-Shari’ah. Method. The research employs a descriptive-analytical approach with a qualitative method. Primary data sources include literature, regulations issued by the Otoritas Jasa Keuangan (OJK), and industry reports related to Shari’ah fintech. Data collection is conducted through document studies, analyzing relevant regulatory and industry documents. The data is analyzed using thematic analysis to identify patterns and key themes. Result. The implementation of Shari’ah fintech in Indonesia generally aligns with the core objectives of Maqashid al-Shari’ah, namely the protection of religion, life, intellect, lineage, and wealth. Shari’ah fintech platforms successfully avoid elements of riba (interest), gharar (uncertainty), and maysir (speculation), adopting financing models like mudharabah and musyarakah. However, several challenges remain, including inconsistent regulations, cybersecurity issues, inadequate technological infrastructure, and low public financial literacy regarding Shari’ah fintech. To enhance transparency and security, technologies like blockchain and smart contracts are recommended.
Copyright (c) 2024 Moh. Ulumuddin https://creativecommons.org/licenses/by/4.0
Status Hukum Wali yang Dianggap Mafqud Bagi Anak yang Orang Tuanya Bercerai
Background. Requests for a guardian judge due to the guardian's nasab mafqud often occur with children whose parents are divorced, often found when a divorce occurs, one of the parents does not get custody of their child, does not care about their obligations to their child, as if they have disappeared without giving any news, especially visiting. to provide a living, and his whereabouts are unknown after the separation of the child's parents' relationship. Which ultimately makes it difficult for the child to carry out the marriage because the guardian is hampered by mafqud. Aim. This research aims to understand the implementation process of determining guardian judges as a result of mafqud in the Gudo Religious Affairs Office and how the proof of guardian mafqud carried out by the Gudo District KUA is viewed from an Islamic legal perspective and a positive legal perspective. Methods. This type of research is field research which is descriptive in nature using a phenomenological approach. Primary data sources were obtained through interviews and documentation from Gudo District KUA officials and supported by secondary data in the form of written literature or scientific works. Results. The results of this research explain that in determining the guardian of the judge because the guardian of the nasab is mafqud, the KUA officials refer to the procedures contained in Minister of Religion Regulation Number 20 of 2019. However, in proving the guardian of mafqud only with the testimony of the village head and there is no need for a judge's decision, in this case there is a lack of synchronization with the laws and regulations. -Existing invitations in Indonesia need to be improved.
Copyright (c) 2024 Ahmad Zahro, Ahmad Khotim, Ahmad Aminuddin Abdur Rohman https://creativecommons.org/licenses/by/4.0
Review of Hybrid Contract of Sharia Banking from the Perspective of Maqashid Syariah
Background. Multi-contract (hybrid contract) is currently widely applied in Sharia Banking. The contract is used in various transactions in Sharia Banking products such as the Ijarah Muntahiyah Bit Tamlik and Musyarakah Mutanaqishah contracts. In practice, the application of the multi-contract raises schematic problems, but Sharia Banking still applies the contract. It is interesting to study the practice of multi-contract in Sharia Banking from the aspect of maqasis sharia. Maqasid sharia analysis is used to see the maslahah side. Aim. This study aims to review the practice of multi-contract in Sharia Banking in the perspective of maqasid sharia. Methods. This study uses library research. Results. The results of this study indicate that the jurists (fukaha) agree on the permissibility of multi-contracts, but the validity of the results of the merger depends on what contracts are combined. The elements prohibited by the maqashid sharia in this hybrid contract include coercion, elements of fraud to gain profit, and no one is harmed between the two parties.
Copyright (c) 2024 Imam Kamaluddin, Taufiq Ismail https://creativecommons.org/licenses/by/4.0