Justicia Religia

Relevansi Maqasid al-Shari’ah dalam Penyelesaian Masalah Hukum Kontemporer

Dayan Fithoroini — 2025-12-07

The rapid social, technological, and economic changes of the past two decades have placed legal systems, including Islamic law, under significant methodological challenges. Phenomena such as the digitalization of transactions, the development of fintech, medical bioethics issues, and the complexity of public governance demand a legal approach that is not only textual but also able to capture the normative objectives and fundamental values intended to achieve sharia. In this context, the maqasid al-shari'ah is re-emerged to analyze its relevance as a normative approach in resolving various contemporary Islamic legal issues. Using library research methods, this study examines classical and modern literature to identify the position, function, and implementation of Maqasid al-shari'ah in responding to issues such as digital transactions, reproductive health, and social governance. The findings indicate that Maqasid al-shari'ah provides a flexible, adaptive, and welfare-oriented framework, thus serving as a guideline for realizing contextual, progressive, and solution-oriented Islamic law. In conclusion, the maqasid approach is highly relevant for the development of Islamic law in the modern era.

Peran Hukum Islam dalam Mencegah Kekerasan Berbasis Rumah Tangga

Eni Silviyani — 2025-12-07

This study examines the role of Islamic Law in preventing domestic violence (DV) through a comprehensive library-based analysis of classical and contemporary fiqh texts, national regulations, and recent scholarly publications. The findings indicate that fundamental principles of Islamic Law—such as justice, compassion, and the protection of life and dignity—serve as strong normative foundations for preventing domestic violence within Muslim families. However, the effectiveness of these principles depends significantly on contextual interpretation, adequate religious education, and institutional support, including premarital counseling and gender-sensitive mediation in Religious Courts. The maqāṣid al-sharī‘ah framework proves highly relevant, emphasizing the protection of family welfare and safety as core objectives of Islamic Law. This study concludes that preventing domestic violence requires synergy between humanistic Islamic teachings, responsive public policies, and community empowerment. The research contributes to strengthening domestic violence prevention efforts through an Islamic legal perspective that promotes justice and family well-being.

Studi Komparatif Tentang Sariqah dalam Perspektif Empat Mazhab

Mimin Rohimin — 2025-12-07

Sariqah (theft) is one of the ḥadd crimes in Islamic criminal law that carries specific requirements regarding its elements, conditions, and prescribed punishment. The four major Sunni schools of law Hanafi, Maliki, Shafi‘i, and Ḥanbali agree that sariqah refers to the unlawful and covert taking of another person’s property. However, they differ significantly in determining the nisab (minimum value of stolen property), the criteria for protected property (hirz), the types of goods that qualify for hadd, and the exceptions that may prevent the implementation of the punishment of amputation. This study aims to comparatively analyze the perspectives of the four schools concerning the essential conditions and elements required to impose criminal liability for sariqah, as well as to examine the textual and jurisprudential foundations underlying these differences. Using a library research method and a comparative approach, the findings reveal that the Ḥanafi school adopts a stricter stance on the nisab and the nature of stolen goods, the Maliki school emphasizes social stability and the relative value of the property, the Shafi‘i school focuses closely on the textual stipulations of hadith, while the Ḥanbali school tends to follow the apparent meaning of the scriptural evidence. These variations demonstrate that Islamic criminal law allows for interpretive flexibility and a wide scope of ijtihad in responding to diverse social contexts. This research contributes to the broader discourse on Islamic criminal jurisprudence and enriches comparative legal studies concerning contemporary issues in jinayah.

Hak dan Kewajiban Suami–Istri dalam Fikih Klasik dan Kontemporer

Sugiri — 2025-12-07

This study examines the formulation and evolution of spousal rights and obligations in classical and contemporary Islamic jurisprudence through a library research approach. Classical texts such as al-Majmu‘, al-Mughni, and Bidayat al-Mujtahid outline a normative structure of marital relations based on reciprocal duties, with economic maintenance (nafkah), mahr, and protection identified as primary obligations of the husband, while domestic management and obedience within lawful limits are traditionally assigned to the wife. Contemporary scholarship, however, demonstrates increasing reinterpretations driven by socioeconomic change, gender dynamics, and legal developments in Muslim-majority contexts, including Indonesia. Modern studies emphasize the necessity of contextualizing classical provisions to ensure alignment with maqāṣid al-syarī‘ah, particularly the principles of justice, dignity, and harm prevention (dar’ al-mafasid). The findings highlight that harmonizing classical jurisprudence with contemporary legal frameworks such as statutory reform and judicial practice offers a pathway toward a more equitable and responsive model of marital rights and responsibilities.

Perkawinan Metaverse: Tinjauan Yuridis terhadap Perlindungan Hak Istri dan Anak dalam Perspektif Hukum Keluarga Islam

Siti Layyin Musfiqoh — 2025-12-07

The development of metaverse technology has given rise to the phenomenon of "metaverse marriage," which challenges the framework of Islamic family law, particularly in protecting the rights of wives and children. This study aims to examine the legal implications of metaverse marriage from an Islamic Family Law perspective, identify legal challenges, and formulate an adaptive framework. Using a normative-empirical method with content and conceptual analysis, this study examines legislation, Islamic doctrine, and academic literature. The findings indicate that the concept of virtual marriage creates new vulnerabilities related to marital validity, rights to maintenance, custody, and protection from violence, which are not yet addressed by conventional law. Consequently, adaptive guidelines or regulations are needed to ensure justice and well-being, in line with the dynamic principles of Islamic law.