Asy-Syari’ah : Jurnal Hukum Islam

Understanding childfree according to the views of the Indonesian childfree community reviewed from islamic law

Fakhri Alwi Sipayung — 2025-01-30

The phenomenon of “Childfree” has gained increasing attention in recent years, as more and more people choose not to have children. This research explores the phenomenon of childless individuals in the Childfree Indonesia community which is studied from their perspective and experiences which are guided by the principles of Islamic law and how women's reproductive rights view Childfree. The study of research methods in this legal research uses an empirical research type, namely legal research that analyzes and examines the workings of law in society. Empirical legal research views law as actual behavior and unwritten social phenomena, experienced by society in everyday life. This research investigates various reasons and how some members of the Childfree Indonesia community respond to choosing not to have children. This has many factors behind it. This includes the desire for personal freedom, economic factors, mental health factors or environmental factors. On this basis, it shows that the decision to remain Childfree is a complex decision and has many aspects, and often requires careful consideration regarding the perceived benefits and impacts. Also included in the perspective of Islamic law, this research analyzes the extent to which the choice to remain Childfree is in line with or deviates from the teachings of Islamic law.

Community commitment to manage forests that integrate al-'urf values in reducing tenurial conflicts from an islamic legal perspective

Hamka Hamka — 2025-01-30

This research examines the community's commitment to managing forests by integrating al-'Urf values to reduce tenure conflicts among forest area communities. This research contributes to discussions regarding forest conservation from an Islamic law perspective. This research is a qualitative study using observation, interviews and documentation methods in collecting data, namely going directly to the field which is the object of research. This research shows that it is important to have community commitment in managing forests by integrating al-'urf values. The local community's perception of forests is different from that of the government, where the government bases its designation on references to legislation that they themselves have made in the past. Community commitment in managing forests using the al-'urf approach plays an important role in reducing conflict and resolving or opening management and ownership rights to land or forests. Islamic law in this context focuses on forest management efforts based on the Koran, hadith and expert opinions in order to achieve the common interests and welfare of the community of all parties involved, whether local, government or other parties with an interest in forest preservation. Community efforts to reduce tenure conflicts through Islamic Law with the 'urf approach can resolve land disputes that are not only based on individual or group rights, but also consider the long-term impact on shared prosperity that prioritizes the principles of justice, sustainability and social harmony, with the aim of achieving a solution that benefits all parties without harming any party.

Urgency of reforming the zakat management system in Indonesia

Muhammad Arif Su’udi — 2025-01-22

BAZNAS is an institution authorized to manage zakat nationally. In terms of calculating the percentage of zakat according to the law, it is not the main task of BAZNAS, but is left to the muzakki themselves. This is contrary to the spirit in the concept of zakat itself (khudh min amwalihim sadaqah). Among the impacts of the ineffectiveness of the system that is most felt is the distance between the potential and the amount of zakat that BAZNAS has managed to collect. The potential for zakat in Indonesia reaches 327 trillion per year, while the acquisition of zakat in 2023 is only 20 trillion. This research is a normative legal research with a conceptual-descriptive approach and use the legal content analysis technique. The theoretical framework used in this study is the concept of the spirit of zakat management and the concept of zakat as a public financial instrument. The conclusion obtained from this study is the need for system reform through strengthening the position and more attention by the state to BAZNAS as a trusted institution in the eyes of Muslims, so that it can be relied on to be used as part of public revenue institutions. In addition, BAZNAS also needs to change the perspective that zakat is an initiative of muzakki to pay it, but must be more active in "picking up the ball" to come to the regions to explore the potential of existing zakat.

Moving the people's economy through sustainable productive waqf in Jember regency from the perspective of maqashid al-syariah

Bachrul Ulum — 2025-01-30

Productive waqf is a waqf concept that not only functions as a donation for religious or social purposes, but is also managed professionally to generate profits that can be used for community empowerment. This research will examine how productive waqf management can make a real contribution to the local economy. Aspects to be studied include waqf asset management methods, economic sectors and long-term economic impacts resulting from the implementation of productive waqf from the perspective of maqashid al-syariah. Using a qualitative approach, this research will collect data from various sources, including interviews with waqf managers, community leaders, and waqf beneficiaries. Data analysis will be carried out to understand the dynamics and challenges faced in managing productive waqf and identify effective strategies to maximize the economic benefits of productive waqf. It is hoped that by adhering to the five main principles of religion (ad-din), soul (an-nafs), reason (al-'aql), descendants (an-nasl), and property (al-mal), which all work toward achieving community welfare, the study's findings will shed new light on the role of productive waqf as the primary tool in sustainable economic development in Jember Regency through the maqashid sharia approach. In this way, productive waqf also becomes a model of sustainable and inclusive economic development at the local level.

The role of husband and wife in managing family finances from the perspective of maqashid sharia

Arif Husnul Khuluq — 2025-01-30

Every married couple certainly wants harmony and happiness from their marriage. However, in reality, marriages often fail to realize these noble goals, and end in divorce. One of the most common causes of divorce is economic factors. The good role of husband and wife in managing family finances is expected to be part of the solution to these problems. Islam has noble goals in its legal regulations (maqashid sharia), including those related to marriage. This study was conducted with the aim of analyzing how good the role of husband and wife is in managing family finances from the perspective of maqashid sharia to realize the desired harmony and happiness. This research is a literature review, and uses library research as a data collection method, using maqashid sharia theory as the analytical tool. The results of the study show that in order for the goals of marriage to be realized, husband and wife need to play an equal role and synergize with each other in managing family finances, both during planning, implementation and evaluation. How big each role is in managing family finances can vary from one family to another, depending on each family's expertise in financial management, but still by considering the husband's status as head of the household. Allocation of funds should be based on needs, not just following desires. The more urgent the need, the more worthy it is to be the reason for allocating funds. Likewise, it is necessary to weigh the priority scale when there is a contradiction between needs according to the maqashid sharia, so that financial management is successful, a harmonious family is realized and happiness in the world and in the hereafter is achieved which is desired by every human being.

Islam and customary law: Iddah for husbands after divorce in South Tapanuli Regency

Ahmad Sainul — 2025-01-30

This article aims to describe the phenomenon of the implementation of iddah for husbands after divorce in South Tapanuli Regency. Field studies using juridical-sociological as the approach. The primary data source of this study is the results of interviews with traditional leaders, religious leaders and husbands who carry out iddah after divorce. Secondary data sources are in the form of the Compilation of Islamic Law, books, journals, and other materials relevant to this study. This study was analyzed using a descriptive approach. The results of the study show that the phenomenon of iddah for husbands after divorce in South Tapanuli Regency only regulates the time when husbands are allowed to remarry. During the iddah period, there is no prohibition on dressing up, using perfume, and leaving the house. The length of the husband's iddah a ccording to South Tapanuli Custom is adjusted to the iddah of his ex-wife. However, the majority of the time required for the iddah period is longer because permission must be obtained from the wife's family or in-laws.

The benefits of changing the marriage age limit in the marriage law from the perspective of Islamic law

Vita Firdausiyah — 2025-01-30

Marriage is a sacred institution governed by Islamic law and national marriage law. Previously, the minimum age for marriage was regulated in Article 7 Paragraph (1) of Law Number 1 of 1974, allowing men to marry at 19 and women at 16. However, this regulation was deemed irrelevant to the principle of maslahah in Islamic law, which aims to promote benefits and prevent harm. Consequently, the government enacted Law Number 16 of 2019, which raised the minimum marriage age for women to 19 years. This study aims to analyze the impact of the age limit changes introduced by Law Number 16 of 2019 from the perspective of maslahah in Islamic law. The research method employed is library research with a normative juridical approach, using primary sources such as the Qur'an, Hadith, fiqh principles, Law Number 16 of 2019, and Constitutional Court Decision Number 22/PUU-XV/2017. The findings reveal that the changes have philosophical, sociological, and juridical implications. Philosophically, they reflect the state's commitment to eliminating discriminatory practices. Sociologically, the changes have led to an increase in marriage dispensation requests in Religious Courts. Juridically, the amendments align with the principles outlined in the Compilation of Islamic Law (KHI) and Law Number 1 of 1974. From the maslahah perspective, the revised law upholds the protection of religion, life, lineage, intellect, and property while contributing to national goals, including economic growth, poverty reduction, and the protection of children's rights.

Analysis of online gambling crime prevention policies according to positive law and Islam in Indonesia

Herdy Pratama Susantyo — 2025-01-30

The development of information technology, especially the internet, has had a significant impact on various aspects of human life, including the increasing prevalence of online gambling in Indonesia. This research aims to analyze the policies for combating online gambling crimes based on positive law in Indonesia and the perspective of Islamic law. Using a normative legal method with a library approach, this research analyzes legislation, academic journals, and related legal literature. The research results show that although Indonesia has regulated online gambling through the Criminal Code (KUHP) and the Electronic Information and Transactions Law (ITE), the existing policies still face challenges in terms of implementation and supervision. The rapid development of technology and the cross-border nature of online gambling are the main obstacles in addressing the issue. In the perspective of Islamic law, online gambling is considered haram because it contains elements of speculation and harms society. Therefore, the Islamic legal approach emphasizes prevention, education, and rehabilitation. The recommendations put forward include updating regulations to be more responsive to new technologies, enhancing law enforcement capacity, and strengthening rehabilitation programs for offenders. This research is expected to contribute to the development of more effective policies in addressing online gambling in Indonesia.

Gender equality study on inheritance distribution in Gorontalo society

A. Sitti Kumala Ilyas — 2025-01-31

In Gorontalo society, women often face challenges related to status, rights and roles in the context of inheritance. The differences in Islamic attitudes (law) towards men and women regarding the distribution of inheritance are not intended as discrimination and are not intended to glorify one and demean the other. However, what happens is that interpretations of religious texts often cause division and prolonged conflict when inheritance disputes are not resolved. The research method used is a phenomenological survey methodology to trace the practice of inheritance distribution in Gorontalo society, especially in Gorontalo City. This study uses primary and secondary data sources to ensure comprehensive research. The results of the study show that the gap in the distribution of inheritance that often occurs in Gorontalo society is the amount or portion received by male heirs with female heirs. This cannot be separated from the influence of three applicable inheritance law systems, namely customary inheritance law, Islamic inheritance law and inheritance law according to the Civil Code. Distribution is carried out based on customary law or state law is considered contrary to Islamic law, on the other hand when the distribution is carried out according to Islamic law it is considered unfair to female heirs. By examining inheritance practices from a gender equality perspective, we can reveal gaps or injustice in the distribution of inheritance, especially between male and female heirs, and provide a form of conflict mitigation through the concepts of Conflict Management and Conflict Transformation.

Prohibition of lutah darah marriage according to 'urf: A case study on the community of Deling Village, Sekar District, Bojonegoro Regency

Ririn Fauziyah — 2025-01-31

The prohibition of lutah darah marriage is a cultural practice preserved by the Deling Village community in Sekar District, Bojonegoro Regency, which forbids marriage involving routes that pass through the father's birthplace. This research explores the relevance of this prohibition in the context of Islamic law and its classification as al-'urf al-sahih or al-'urf al-fasid. The study aims to analyze the legitimacy of this custom as a legal basis in Islamic jurisprudence and its implications for social harmony. A qualitative descriptive method was employed, involving interviews with local traditional leaders, observations of community practices, and analysis of secondary sources. The findings indicate that the lutah darah prohibition meets the criteria of al-'urf al-sahih, as it aligns with Islamic legal principles, does not contradict the nass, and has been practiced consistently to prevent perceived familial and social disharmony. This study concludes that the custom reflects a form of localized Islamic jurisprudence that accommodates societal traditions while upholding the objectives of maqasid al-shari'ah.