MAQASIDI: Jurnal Syariah dan Hukum

Legal Perspectives on al-Waṣiyyah and al-Mīrāth: A Comparative Analysis of Imami and Hanafi Jurisprudence

2025-07-21T13:45:01+07:00

The term “will” (al-Waṣiyyah) is an ancient term, but in some periods it was associated with injustice and unfairness. The head of the household had the right to dispose of the will without restrictions, which could allow him to make a will to a stranger and deprive his children of their inheritance rights (al-Mīrāth). In pre-Islamic times, Arabs made wills to strangers out of pride and boasting, leaving relatives in poverty and need. With the advent of Islam, the concept of the will was redefined to be based on truth and justice. Before the inheritance law was enacted, wealthy individuals were required to make a will to their parents and relatives. Consequently, in early Islam, a will became obligatory for all of a person's property for the benefit of their parents and relatives. The rulings on wills differ from one school of thought to another, depending on the issues involved, such as conflicting wills, impediments to inheritance, and the ruling on the time of establishing a will.

Opportunities in the Imposition of Legal Accountability Against Individuals Destroying the Environment Across Borders: Challenges and Barriers

2025-07-21T13:44:58+07:00

Within the horizon of international law, individuals can only be held accountable if they commit violations of international criminal law as set out in the Rome Statutes. However, environmental destruction does not fall within the jurisdiction of the International Criminal Court to prosecute. On the other hand, environmental destruction is often attributed to the state as a subject of law, even though individuals who are the main perpetrators of environmental destruction cannot be held accountable internationally. This shows weaknesses in the international legal system in arresting and punishing individuals responsible for environmental damage across borders. The research method used is normative research with a legislative approach, in this study using several international provisions. The result of this study is that recognition of environmental destruction is very important, especially when the state is held accountable by other aggrieved countries. This accountability request can be brought to International Court of Justice with certain limitations. Through Article 5 of the Rome Statute, this recognition allows international courts to prosecute perpetrators of environmental destruction, so that law enforcement of environmental destruction can be carried out to the maximum. It is hoped that there will be an active role in Indonesia and the international community in responding to environmental destruction and making it as a 'Crime' special. Thus, international environmental law enforcement becomes more optimal and provides justice for all affected parties, both directly and indirectly.

The Extension of the Village Head’s Term of Office in Law Number 3 of 2024: A Review from the Perspective of Siyāsah Dustūriyyah

2025-07-21T13:44:56+07:00

The passage of Law Number 3 of 2024 concerning Villages extends the term of office of the Village Head to eight years, with a maximum of two terms. This is similar to the term limits during the New Order era. However, in practice, elections are often delayed, resulting in the regulations regarding the term of office not always being implemented on schedule. This research aims to analyze the changes in the Village Head’s term of office in Law Number 3 of 2024 from the perspective of siyāsah dustūriyyah. Using a normative-juridical approach, the study finds that the extension of the term to eight years reflects efforts to ensure the stability of village governance and promote public welfare. However, it also necessitates the establishment of effective oversight mechanisms to prevent abuse of power. The extended term is expected to provide sufficient time for Village Heads to optimize development and improve the quality of public services. Nevertheless, this change must be accompanied by strict supervision and evaluation mechanisms to safeguard against authoritarian tendencies. Philosophically, this amendment reflects the values of justice and popular sovereignty; sociologically, it promotes village empowerment; and juridically, it ensures legal certainty. In the framework of siyāsah dustūriyyah, the leadership of the Village Head is not merely administrative but also a moral and spiritual trust that must be exercised with justice and responsibility in accordance with Islamic principles. Leadership remains valid only as long as it is exercised fairly and rightly, and must be replaced if it deviates from these values. Ultimately, the change in the Village Head’s term of office aligns with the principles of democracy, Islamic values, and the need to establish effective and just village governance.

The Determination of Ṭalāq Timing: A Comparative Study Between the Compilation of Islamic Law and the Shafi’i School Scholars

2025-07-21T13:44:53+07:00

This study examines the differences in the determination of the timing of ṭalāq between the Compilation of Islamic Law (KHI)—as a codified representation of Islamic law in Indonesia and the views of classical scholars, particularly those of the Shafi’i school. The focus of the study lies in how each legal system defines the moment when ṭalāq is considered valid and legally effective, as well as its legal implications on the rights of husbands and wives and the integrity of the family institution. This research adopts a juridical-normative approach and applies a descriptive-analytical method, drawing from literature reviews of classical fiqh texts, statutory regulations, and relevant scholarly journals. The findings indicate that, according to the Shafi’i school, ṭalāq is considered to take effect immediately upon the husband’s pronouncement of a valid ṭalāq, whether expressed explicitly (ṣarīḥ), which requires no accompanying intention, or implicitly (kināyah), which must be accompanied by intent. In this context, the legal effect of ṭalāq does not depend on court proceedings or administrative registration; rather, it hinges on the husband’s verbal expression and intention as the substantive conditions for validity. Conversely, under the KHI, ṭalāq is only deemed valid if it is formally declared by the husband before a panel of judges during a Religious Court session. Any ṭalāq pronounced outside this official mechanism, such as privately or informally, has no legal standing, even if stated verbally by the husband. This divergence reflects a shift in legal paradigms: from a substantive-textual approach in classical jurisprudence to a formal-procedural approach in contemporary, institutionalized Islamic law. The KHI emphasizes women’s protection and legal certainty within the household, while the Shafi’i school focuses more on the authority of the husband and the spiritual-legal meaning of ṭalāq. Therefore, this study highlights the importance of harmonizing classical fiqh values with the demands of modern legal frameworks, ensuring that Islamic law remains contextual, just, and responsive to the evolving dynamics of contemporary society.

The Concept of Successor Heirs as a Contemporary Ijtihād in the Perspective of Ulama Dayah in Woyla District

2025-07-21T13:44:51+07:00

The Compilation of Islamic Law (KHI), Article 185, in Indonesia recognizes the concept of a successor heir. In contrast, traditional fiqh holds that the right to inheritance is lost if the prospective heir dies before the decedent. Meanwhile, ulama dayah in Woyla District continue to adhere to classical fiqh texts and have not adopted the KHI’s provisions regarding successor heirs. This study aims to examine the views of ulama dayah in Woyla District on the concept of successor heirs and to analyze the concept from the perspective of Islamic law. The research employs a field study methodology with a juridical-normative-empirical approach. Data were collected through observation, interviews, and documentation, and were analyzed descriptively. The findings reveal that ulama dayah in Woyla District are unfamiliar with the concept of successor heirs as found in classical faraidh (Islamic inheritance law) literature. A paternal grandson may inherit in place of his deceased father if there are no other sons, whereas a maternal grandson cannot replace his deceased mother in the line of inheritance (patah titi). Furthermore, Islamic law, as reflected in the Qur’an, hadith, and sunnah, does not acknowledge the concept of successor heirs. In contrast, the Compilation of Islamic Law does recognize such a concept. These findings indicate a fundamental difference between the views of the ulama dayah in Woyla and the provisions of the KHI, particularly regarding the position of grandsons in inheritance matters.

The Distribution of Zakat Funds by Bayt al-Māl for Disaster Relief: A Review Based on the Principle Taṣarruf al-Imām ‘alā ar-Ra‘iyyah Manūṭun bi al-Maṣlaḥah

2025-07-21T13:44:48+07:00

Disaster management is a key responsibility of the government, which must be carried out in a structured, coordinated, and professional manner to achieve public welfare. In Islam, zakat functions not only as an act of worship but also as a socio-economic instrument. It aims to reduce poverty and economic inequality, which, if left unaddressed, can undermine human dignity, security, and social well-being. Zakat promotes values such as equality, cooperation, and compassion, and its distribution is managed by authorized institutions, including Baitul Maal. This study examines the legal basis for the distribution of zakat funds for disaster relief, grounded in the Islamic legal principle Taṣarruf al-Imām ‘alā ar-Ra‘iyyah Manūṭun bi al-Maṣlaḥah, which means that a leader’s policies must prioritize the public interest (maṣlaḥah). Employing a normative legal method with a conceptual and literature-based approach, this research utilizes Islamic legal analysis grounded in the principles of fiqh and the maqāṣid al-sharī‘ah. The findings reveal that while the allocation of zakat for disaster response is not explicitly mentioned in Islamic scripture (naṣṣ shar‘ī), it is permissible under specific conditions. In times of disaster, it becomes the duty of the ruler to protect the people, both in their worldly and spiritual affairs. Based on this principle, allocating zakat for disaster relief is considered lawful in Islam, particularly when it serves the public good. Therefore, Baitul Maal’s role in channeling zakat for disaster management is consistent with Islamic law and reflects the broader objective of promoting societal welfare.

Determining ‘Uqūbāt for Sexual Harassment and Rape from the Perspective of Maqāṣid al-Sharīʿah: An Analysis of Mahkamah Syar’iyah Singkil Decision

2025-07-21T13:44:45+07:00

This study aims to analyze the selection of ‘uqubat ta’zir (discretionary punishments) in verdicts concerning jarimah (criminal acts) of sexual harassment and rape at the Mahkamah Syar’iyah Singkil during the period of 2021–2023, as well as to examine the judges' considerations through the lens of maqashid shariah (objectives of Islamic law). The study focuses on the implementation of the Supreme Court Circular (SEMA) and its alignment with maqashid shariah values in the determination of ‘uqubat ta’zir. This study uses a library research method to draw on primary data from Mahkamah Syar’iyah Singkil verdicts and interviews, alongside secondary data from regulations, qanun (regional Islamic laws), and relevant literature. The research adopts a normative juridical approach. The findings indicate that the panel of judges has implemented SEMA No. 10 of 2020 by imposing ‘uqubat ta’zir in the form of imprisonment. This implementation reflects a preventive effort against recidivism, a form of protection and recovery for victims, as well as a means of legal education (tadabbur) for society. Normatively, the judges' considerations align with the principles of maqashid shariah, particularly in the aspect of hifz al-nafs (protection of life). However, the application of hifz al-nasl (protection of lineage) and hifz al-mal (protection of property) has not been optimal, as no verdicts during the study period included restitution orders for the victims. Therefore, integrating restitution components into verdicts is crucial to strengthening the elements of public welfare (maslahah) and substantive justice within the jinayat judicial system.

Judicial Authority and Term Extension: A Sulṭah al-Qaḍā’iyyah Perspective on Constitutional Court Decision No. 112/PUU-XX/2022

2025-07-21T13:44:43+07:00

Constitutional Court Decision No. 112/PUU-XX/2022, which extended the term of office of the Head of the Corruption Eradication Commission (KPK) from four to five years, has sparked public debate. On the one hand, the longer term is viewed as a means to ensure the effectiveness and continuity of anti-corruption efforts. On the other hand, many parties argue that this change opens the door to political interference, potentially compromising the independence of the institution and raising concerns regarding the principle of checks and balances. This research aims to analyze the decision from the perspective of Sulṭah al-Qaḍā’iyyah, the concept of judicial authority in Islamic law, which is grounded in the principles of justice (al-‘adālah), deliberation (shūrā), and public interest (al-maṣlaḥah al-‘āmmah). The study employs a normative juridical approach and qualitative methodology based on a literature review. The findings suggest that Constitutional Court Decision No. 112/PUU-XX/2022 has exceeded the Court’s role as a negative legislator, as it is seen to have created a new legal norm without following the formal legislative process. Although the decision is justified by the argument that a five-year term is needed to strengthen the independence, effectiveness, and stability of KPK leadership, from the perspective of Islamic law, such action may be ethically and substantively flawed if it disregards public participation and leads to social unrest. Therefore, this decision should be reconsidered not only from a constitutional standpoint but also in light of the substantive values of justice within the framework of maqāṣid al-sharī‘ah.

The Concept of al-Ghāyah and Its Impact on the Jurisprudential Thought of the Companion Jābir ibn ‘Abd Allāh: An Applied Uṣūlī Study

2025-07-21T13:45:04+07:00

This study explores the concept of ghayah (purpose or limit) as one of the foundational principles in Islamic legal theory (usul al-fiqh), which has been a point of contention among scholars due to its significant role in legal reasoning and the formulation of juristic rulings. Numerous jurisprudential issues have stemmed from this concept across various areas such as worship, transactions, personal status, and criminal law. Given its importance, this research aims to examine the meaning of ghayah, its classifications, and the scholarly debate regarding its evidentiary authority. The study also derives the legal principles of the Companion from his juristic branches, highlighting the practical applications of the concept of ghayah as reflected in the legal practice of the Companion Jabir ibn Abdullah.

Judges’ Considerations in Settling Crimes of Violence Against Biological Children: An Islamic Criminal Law Perspective

2025-07-21T13:44:40+07:00

Violence against children in Islam is permissible if it does not exceed the limit. It is also only used as an educational effort, not to punish without reason. Because if children are left free without rules, it will have a bad impact on children. The objectives of this study are: To find out the basis of the judge’s consideration in the decision of case Number 243/Pid.Sus/2020/PN Idi; and to find out the crime of violence against children in the view of Islamic criminal law. The method used is a type of qualitative research with a case approach. The data collection techniques are interviews and documentation. While the first analysis examines and explains theories. Second, looking for answers to the main problem, and third, drawing conclusions that are the end of this research, from general to specific. The results of the research obtained are 1) The incriminating consideration is that the actions of NR’s sister are a very reprehensible, immoral act committed by parents against children, thus causing disability. The mitigating dispute is that NR’s sister has apologized and promised not to repeat her actions, so this decision is ultrapetita; court decisions in cases of violence against children need to consider aspects of Islamic law, national law, and child protection principles. The goal is to ensure justice for victims, prevent future violence, and strengthen the synergy between religious values and state law in protecting children as the next generation of the nation. 2) Islam itself is very clear and firmly prohibits acts of violence, especially against children. The Qur’an, hadith, and scholars also discuss acts of violence against children with various opinions with the same goal, namely, that educating children is the right of parents, with provisions that have been recommended without crossing the limit in terms of education. The state also regulates in terms of educating and nurturing children, namely in Law Number 35 of 2014 concerning Child Protection.

Penal Mediation Against Khalwat Settlement According to Customary Law in Aceh

2025-07-21T13:44:37+07:00

The case of khalwat or pairing between a man and a woman who are not mahram is one of the violations regulated in Qanun Aceh Number 6 of 2014 concerning the Law of Jinayat. However, in practice, the settlement of khalwat cases in Aceh is often resolved through customary channels, utilizing the penal mediation approach, in line with Aceh Qanun Number 9 of 2008, which concerns the Development of Customs and Traditions. This study aims to analyze how penal mediation is applied in the settlement of khalwat cases, as per customary law in Aceh, and the extent to which it contributes to creating restorative justice. The method used is a literature research with a juridical-normative and sociological approach to the literature and related laws and regulations. The results of the study show that penal mediation in the settlement of khalwat prioritizes social recovery, peaceful settlement, and family values rather than formal sanctions. However, this practice faces obstacles such as the absence of standard procedures and weak coordination between customary institutions and law enforcement officials. Therefore, stronger regulations and supervision are needed to ensure that penal mediation runs fairly, legally, and follows applicable legal principles.

Questioning the Direction of the Qibla of the Omba Public Cemetery, Mamben Daya Village, East Lombok Regency

2025-07-21T13:44:35+07:00

This study investigates two primary issues: the causes of the misalignment of the qibla direction at the Omba Public Cemetery in Mamben Daya Village and the formulation of appropriate solutions to ensure that the qibla direction is determined in an orderly and precise manner under Islamic law. Employing field research with a qualitative descriptive approach, data were collected through structured measurements, direct field observations, and interviews with key informants. The findings indicate that local authorities lack sufficient knowledge of accurate techniques for determining the qibla direction for burials. Furthermore, the challenges identified can be addressed by implementing formal regulations established by the village government to enhance community awareness and ensure the accurate alignment of graves with the qibla direction.

Legal Analysis on Defamation from the Perspective of Islamic Law and Article 12 of the Universal Declaration of Human Rights

2025-07-21T13:44:32+07:00

This research is based on the fact that defamation is an important issue that affects the honor of individuals in various legal systems. This issue has far-reaching implications, both personally and socially, requiring a comprehensive approach to protecting individual rights. This research aims to analyze defamation from two legal perspectives, namely Islamic Law and Article 12 of the Universal Declaration of Human Rights (UDHR). This study uses a normative juridical approach with a descriptive analysis method. Data were collected through a literature review of relevant primary and secondary sources. Furthermore, the data was analyzed using qualitative data analysis techniques to explore the essence of legal protection in both perspectives. The results of the study show that both Islamic Law and Article 12 of the UDHR emphasize the importance of protecting the honor of individuals. However, Islamic law highlights more social and spiritual dimensions, such as the concept of maintaining honor as part of religious obligations. Meanwhile, the UDHR focuses on the protection of individual legal rights in the context of human rights. These findings indicate the need to integrate both approaches in the Indonesian legal system to provide more comprehensive and balanced protection against defamation cases. The implication of this research is to encourage legal policies that not only protect the rights of individuals but also pay attention to the typical moral and social aspects of Indonesian society.

A Siyāsah Qaḍā’iyyah Perspective on the Implementation of Article 67 of Qanun Aceh No. 6/2014 in the Mahkamah Syar‘iyyah of Banda Aceh

2025-07-21T13:44:29+07:00

Aceh, as a region with special autonomy to implement Islamic law, holds the authority to enforce jināyah (criminal) law, as stipulated in Qanun Aceh Number 6 of 2014 concerning Jināyah Law. Notably, Article 67 of the Qanun provides special treatment for children who commit jarīmah (criminal acts), including the limitation of ‘uqūbah (punishment) to a maximum of one-third of the adult sentence, and rehabilitative alternatives such as returning the child to their parents or placement in a rehabilitation institution. However, implementation in the Mahkamah Syar‘iyyah (Sharia Court) of Banda Aceh reveals inconsistencies in judicial decisions and a lack of standardized technical procedures, partly due to the absence of sufficient implementing regulations, as noted in paragraph (2) of the article. This study aims to evaluate the application of Article 67 by the Mahkamah Syar‘iyyah of Banda Aceh and assess its alignment with the principles of siyāsah qaḍā’iyyah (judicial policy). The research adopts a qualitative methodology using a normative juridical approach and case studies of two jināyah verdicts involving children from 2021 and 2022. The findings indicate that the court has made efforts to implement the article; however, the forms of ‘uqūbah applied vary, ranging from limited imprisonment to rehabilitation. This reflects a flexible implementation adapted to the social and psychological conditions of the child. While the decisions generally align with child protection principles, consistency remains a significant challenge. This study highlights Article 67 as a potential meeting point between Islamic law and the national juvenile justice system.

The Relevance of Imam al-Māwardī’s Thought to the Legislative Process of Aceh’s Qanun by the Aceh People's Representative Council

2025-07-21T13:44:27+07:00

The process of legislation on the Qanun by the Aceh People's Representative Council (DPRA) is a unique legal mechanism in the Indonesian government system, because it is closely related to the implementation of Islamic sharia in Aceh. This study aims to see the relevance of the Qanun legislation process in Aceh from the perspective of the concept of Islamic politics put forward by Imam Al-Mawardi, a classical Islamic thinker who discusses a lot of Islamic government theory and law. This research uses a qualitative approach with descriptive analysis methods and literature studies on Al-Mawardi's thoughts in the book Al-Ahkam As-Sultaniyyah. The results of the study show that in the Qanun legislation process, the DPRA plays a role as a legislative body that has the authority to formulate regional regulations based on Islamic law. However, in practice, there are still challenges such as local political dynamics, the interests of various actors, and synchronization with national law. So, how does the DPRA use the concept of Islam in the Qanonic legislation process? And in the legislative process, the DPRA prioritizes certain political interests over the interests of the people? Al-Mawardi's perspective provides insight that good legislation must pay attention to the balance between Islamic law and the benefit of the ummah, and avoid political interests that can hinder the ideal implementation of sharia. Thus, this research contributes to the understanding of the Qanun legislation process from an Islamic political perspective and offers recommendations so that the DPRA can carry out its duties more optimally following the principles of ideal Islamic governance according to Al-Mawardi.