Albayan Journal of Islam and Muslim Societies
Journal Title Albayan : Journal of Islam and Muslim Societies ISSN/E-ISSN 3064-6219 DOI Prefix - Editor in Chief Dr. Muhammad Ilham, MSI. Publisher Yayasan Dar Arrisyah Indonesia Frequency April & October Citation Analysis Google Scholar Albayan Journal of Islam and Muslim Societies (AJIMS) is an international peer reviewed journal published by Yayasan Dar Arrisyah Indonesia. AJIMS has the primary academic mission to develop various Islamic studies based on contemporary Islamic perspective, particularly in Indonesia, and Commonly in Asia and Middle East. The Islamic perspective is "how-view" oriented to Islam's values, which is the methodological foundation for the entire discipline of Islamic sciences. This journal also has programs aimed at bridging the gap between the textual and contextual approaches to Islamic Studies and solving the dichotomy between ‘orthodox’ and ‘heterodox’ Islam. The two were linked: the textual tradition showed that Islam was, as well as a set of religious tenets, a way of approaching the practical economic and social challenges of life. So, this journal invites the intersection of several disciplines and scholars. In other words, its contributors borrowed from a range of disciplines, including the humanities and social sciences. AJIMS, published twice a year (June and December), always places Islam and Muslim in the central focus of academic inquiry and invites any discussions as the aim and scopes. It has published the articles since 2024. AJIMS invites scholars from all over the world to submit highest quality research articles related to: (1) Islamic theology; (2) Islamic law; (3) Islam and Gender; (4) Islamic education; (5) Islamic mysticism and philosophy; (6) Islamic economics; (6) Study of tafsir and hadith; (7) Islam and Science; and (8) Islamic art and history in Indonesia, Asia and the Middle East. (9) Laws and Social Sciencies related to Islam and Muslim Societies. All submitted articles must be written in Indonesia, English, or Arabic, original, have never been published elsewhere, and not under consideration for other publications. For checking originality of manuscripts, AJIMS Editorial Board will screen plagiarism using Turnitin Program. Only selected articles will be published twice a year (April and October).
Washiat Kepada Ahli Waris Dalam QS. Al Baqarah Ayat 180: Analisis Perdebatan Naskh Dan Takhshish Serta Relevansinya Terhadap Hukum Waris Islam Di Indonesia
Praktik pembagian harta warisan ketika pemilik harta masih hidup semakin banyak dijumpai di masyarakat Indonesia, terutama sebagai upaya memenuhi rasa keadilan dan mencegah konflik di antara calon ahli waris. Praktik tersebut sering kali dipahami secara beragam, ada yang menganggapnya sebagai hibah, wasiat, atau bahkan pembagian warisan, sehingga menimbulkan persoalan mengenai dasar hukum dan keabsahannya menurut hukum Islam. Penelitian ini bertujuan mengkaji berbagai penafsiran terhadap Surah al-Baqarah ayat 180 tentang wasiat, khususnya mengenai perdebatan status ayat tersebut sebagai ayat yang dinasakh atau tetap berkedudukan sebagai ayat muhkam, serta implikasinya terhadap konsep perpindahan harta dalam hukum Islam. Penelitian ini menggunakan metode penelitian kepustakaan (library research) dengan pendekatan komparatif dalam ilmu tafsir. Data diperoleh dari kitab-kitab tafsir klasik dan kontemporer serta literatur yang relevan, kemudian dianalisis secara komparatif untuk menemukan titik persamaan dan perbedaan argumentasi para mufasir. Penelitian ini menunjukkan bahwa terdapat dua arus besar penafsiran, yaitu kelompok yang menyatakan bahwa ketentuan wasiat bagi ahli waris telah dinasakh oleh ayat-ayat warisan dan hadis, serta kelompok yang berpendapat bahwa Surah al-Baqarah ayat 180 tetap berlaku sebagai ayat muhkam sehingga wasiat dan warisan dapat dipahami sebagai dua mekanisme yang saling melengkapi dalam pengalihan harta. Kebaruan (novelty) penelitian ini terletak pada analisis komparatif terhadap implikasi kedua corak penafsiran tersebut dalam menjelaskan fenomena pembagian harta warisan potensial yang berkembang di masyarakat Indonesia, tanpa bermaksud mengubah ketentuan hukum waris yang berlaku, melainkan memperkaya perspektif tafsir mengenai hubungan antara konsep wasiat, hibah, dan warisan.
Copyright (c) 2026 Albayan Journal of Islam and Muslim Societies https://creativecommons.org/licenses/by-sa/4.0
Reaktualisasi Ijtihad Sebagai Metode Penetapan Hukum Islam Dalam Menghadapi Transformasi Digital
The development of digital technology has brought about fundamental changes in various dimensions of life, including in the realm of Islamic law. Various new phenomena, such as electronic transactions, artificial intelligence, cryptocurrencies, financial technology (fintech), and digital-based religious practices, give rise to legal issues that require more adaptive and contextual normative responses. This study aims to examine the urgency of reactualizing ijtihad as a method for establishing Islamic law in the face of digital transformation, while simultaneously analyzing the relevance of the principles of usul fiqh in addressing various contemporary legal challenges. This study uses a normative legal method with a conceptual approach and library research. Research data were obtained from primary sources in the form of usul fiqh books and Islamic legal literature, and are supported by various scientific journals and relevant previous research results. The research findings indicate that reactualizing ijtihad is a crucial need to maintain the continuity and relevance of Islamic law amidst technological developments, without neglecting the basic values ​​of sharia. In this context, the approaches of maqāṣid al-syarī‘ah, maṣlaḥah mursalah, qiyās, and collective ijtihad play a strategic role as instruments in producing adaptive, moderate, and ummah-oriented Islamic legal provisions in the digital era. This finding aligns with various contemporary studies that emphasize the importance of integrating usul fiqh and maqāṣid al-syarī‘ah in responding to technological developments and various new legal issues in the digital era.
Copyright (c) 2025 Albayan Journal of Islam and Muslim Societies https://creativecommons.org/licenses/by-sa/4.0
Konsep Keadilan Sosial dalam Perspektif Hukum Tata Negara dan Fiqh Siyasah
Abstract : Social justice is one of the fundamental objectives of state governance, aimed at achieving public welfare, equality of rights, and the protection of all citizens. This study seeks to analyze the concept of social justice from the perspectives of Constitutional Law and Fiqh Siyasah, as well as to identify their similarities, differences, and relevance to the development of Indonesia’s constitutional system. The research employs a library research method with a qualitative approach by examining various sources, including academic literature, statutory regulations, scholarly journals, and relevant Islamic legal references. The findings reveal that both Constitutional Law and Fiqh Siyasah regard social justice as a primary objective of governance. In Constitutional Law, social justice is realized through the principles of the rule of law, the protection of citizens’ constitutional rights, and the concept of the welfare state. Meanwhile, in Fiqh Siyasah, social justice is manifested through the principles of al-'adalah (justice), maslahah 'ammah (public welfare), amanah (trustworthiness), shura (consultation), and maqasid al-shari'ah (the objectives of Islamic law), all of which are oriented toward the welfare of society. Although these two perspectives differ in terms of their legal sources, philosophical foundations, and mechanisms of implementation, they share substantial common ground in promoting public welfare, protecting fundamental rights, and preventing the abuse of power. Therefore, the values of social justice embedded in Constitutional Law and Fiqh Siyasah can complement one another in supporting the development of a democratic, just, and welfare-oriented constitutional system in Indonesia. Keywords: Social Justice; Constitutional Law; Fiqh Siyasah; Welfare State; Maqasid al-Shari'ah.
Perlindungan Anak Di Media Sosial Dalam Perspektif Islam
The concept of power in Fiqh Dusturiyah constitutes an important aspect of Islamic political thought that regulates the relationship between authority, governance, and public welfare. In the contemporary context, the study of power in Fiqh Dusturiyah has become increasingly relevant to the development of constitutional governance and democratic systems. This research aims to analyze the concept of power in Fiqh Dusturiyah and examine its relevance to the Indonesian constitutional system. The study employs normative legal research using conceptual and library research approaches. Data were collected from classical Islamic political literature, constitutional law references, scholarly journals, and other relevant academic sources. The findings reveal that power in Fiqh Dusturiyah is viewed as an amanah (trust) that must be exercised based on the principles of justice (al-'adalah), consultation (shūrā), and public welfare (maṣlaḥah). Furthermore, Fiqh Dusturiyah recognizes the division of governmental authority into legislative (al-sulṭah al-tashrī‘iyyah), executive (al-sulṭah al-tanfīdhiyyah), and judicial (al-sulṭah al-qaḍā’iyyah) functions, which aim to prevent the concentration of power and ensure governmental accountability. The study also demonstrates that these principles are substantially relevant to the Indonesian constitutional system, particularly in relation to the rule of law, democracy, popular sovereignty, and the implementation of checks and balances. This research concludes that the values embedded in Fiqh Dusturiyah can serve as an ethical foundation for strengthening democratic, accountable, and justice-oriented governance within the framework of the Indonesian constitutional system.
Analisis Fenomena Fear Of Missing Out (FOMO) Dalam Perspektif Islam
This study examines the phenomenon of Fear of Missing Out (FOMO) from an Islamicperspective amid the rise of social media in the digital age. The objectives of this study are to analyze the FOMO phenomenon, identify its impact on individuals’ social and psychological lives, and explore Islamic perspectives along with solutions that can beapplied in daily life. The study employs a qualitative descriptive method using a literaturereview approach, analyzing verses from the Qur’an, hadiths, books, scientific journals,and previous research relevant to the FOMO phenomenon and the Islamic perspective. The findings indicate that FOMO can trigger stress, social anxiety, social mediadependency, and reduced individual productivity. From an Islamic perspective, FOMO is linked to a lack of gratitude and contentment within a person. This study also emphasizes the importance of self-control, gratitude, and the wise use of social media tomaintain a balance between digital and real life.
Peran Ijtihad Dalam Pembentukan Undang-Undang Syariah di Aceh
This study discusses the role of ijtihad in the formation of Sharia legislation in Aceh. As a region with special authority in the implementation of Islamic law, Aceh requires a legal foundation that can respond to social developments and the needs of modern society. Ijtihad serves as an important instrument in formulating qanun because it functions to derive law from the Qur’an and Sunnah in a contextual manner and to align it with the principles of maqashid al-shariah. This research is a library study using a normative or doctrinal legal approach. Data were collected through a review of relevant literature, books, journals, and laws and regulations, then analyzed qualitatively-descriptively through content analysis. The findings show that ijtihad has a strategic role in the formation of Sharia legislation in Aceh because it can produce law that is flexible, relevant, and oriented toward public benefit. Without ijtihad, Sharia law risks becoming rigid and difficult to adapt to the dynamics of society. Therefore, ijtihad is an important foundation in Sharia legislation in Aceh.
Etika Berpolitik di Ruang Digital Dalam Perspektif Fiqih Siyasah
The development of information and communication technology has transformed digital space into an important arena for political communication and public participation. Social media platforms provide opportunities to strengthen democracy, but they also create challenges such as hoaxes, disinformation, hate speech, and political polarization. This study examines political ethics in digital spaces from the perspective of fiqh siyasah using a normative legal method with conceptual and Islamic normative approaches. Data were collected through library research and analyzed descriptively and qualitatively. The study finds that the principles of fiqh siyasah justice (al-'adl), trustworthiness (amanah), consultation (shura), verification of information (tabayyun), and public welfare (maṣlaḥah 'ammah) are highly relevant in guiding ethical political behavior in the digital era. The implementation of these values can help prevent misinformation, promote responsible communication, and support a healthy and ethical democratic environment.
Dinamika Penerapan Fiqh Siyasah Dalam Mewujudkan Keadilan Dan Kesejahteraan Umat Di Tengah Tantangan Modern
Fiqh siyasah is a branch of Islamic law that plays an important role in regulating governance and social life to achieve justice and public welfare. In the modern era, the implementation of fiqh siyasah faces various challenges arising from technological advancements, globalization, democracy, human rights issues, and increasingly complex social changes. This study aims to examine the dynamics of implementing fiqh siyasah in realizing justice and public welfare and to assess its relevance in addressing the needs of contemporary society. The method used is a library research approach with a descriptive qualitative analysis of various literature related to fiqh siyasah and governance. The findings indicate that the core principles of fiqh siyasah, such as justice, consultation (shura), trustworthiness, transparency, and public benefit (maslahah), remain highly relevant in modern governance systems. The application of these principles can support the establishment of good governance, improve public welfare, and maintain social and political stability. However, continuous ijtihad and adaptation to contemporary developments are necessary to ensure that fiqh siyasah remains capable of addressing modern challenges without neglecting the fundamental values of Islamic law. Therefore, fiqh siyasah can serve as an effective foundation for building a just, inclusive, and welfare-oriented government amid the evolving challenges of the modern world.
Etika Bermedia Sosial dalam Perspektif Islam: Integrasi Nilai-Nilai Etika Islam dan Literasi Digital
The development of social media in the digital era has brought about significant changes in communication and interaction patterns in society. Social media is not only a means of exchanging information but also influences users' behavior, mindsets, and communication culture. On the other hand, unethical use of social media often gives rise to various problems, such as the spread of hoaxes, hatred, cyberbullying, and privacy violations. This study aims to examine social media ethics from an Islamic perspective as a guideline for building polite, responsible communication that aligns with sharia values. The research method used is a literature review with a qualitative descriptive approach through analysis of the Qur'an, Hadith, and scientific literature related to Islamic communication ethics and social media use. The results show that Islam provides relevant ethical principles for the use of social media, including honesty in conveying information, checking news received, guarding speech, respecting the privacy of others, and avoiding slander and provocation. The application of these values ​​can create a healthier, more harmonious, and more civilized digital environment. Thus, social media ethics from an Islamic perspective plays a crucial role in shaping the character of wise and responsible social media users amidst the development of modern communication technology.
Tinjauan Hukum Islam terhadap Tindak Asusila yang Terjadi di Lingkungan Pondok Pesantren
This study aims to analyze sexual offenses, occurring within Islamic boarding schools from the perspective of Islamic law. This study employs a qualitative method with a normative legal approach through an analysis of verses from the Qur’an, hadith, legislation, and various works of Islamic criminal law literature related to the concepts of hudud, qishash, and ta’zir. The results of the study indicate that sexual offenses, within Islamic boarding schools can take various forms, such as sexual harassment, molestation, and sexual violence, influenced by the abuse of authority, weak oversight systems, and limited reporting channels for victims. From an Islamic legal perspective, sexual offenses, are prohibited because they contradict moral values and human dignity. The concept of hudud emphasizes the prohibition of all acts leading to adultery as an effort to preserve the purity and order of society. Meanwhile, the concept of qishash underscores the importance of justice and the protection of victims’ rights through the imposition of commensurate retribution on the perpetrator. The concept of ta’zir, on the other hand, grants the government the authority to determine sanctions in accordance with the severity of the offense and the needs of society. Thus, Islamic criminal law functions not only as an instrument for imposing sanctions but also as a means of prevention, victim protection, and moral guidance to create a boarding school environment that is safe and in accordance with the values of Islamic Sharia.
Analisis Hukum Islam terhadap Kebijakan Makan Bergizi Gratis (MBG) di Indonesia dan Dampaknya bagi Masyarakat
This study examines the Free Nutritious Meals (MBG) policy in Indonesia through an Islamic legal perspective using a fiqh siyasah approach. This study begins with the urgent role of the state in ensuring public welfare, particularly in meeting basic nutritional needs, which impacts the quality of human resources. This study aims to examine the concept of welfare from an Islamic perspective, examine the legal basis and implementation of the MBG program in Indonesia, and analyze the policy based on the principles of maslahah mursalah and maqasid sharia, particularly in terms of protecting life (hifz an-nafs) and offspring (hifz an-nasl). The method used is qualitative research with a library research approach, analyzed descriptively and analytically using various sources such as the Quran, hadith, fiqh siyasah literature, laws and regulations, and relevant scientific references. The results of the study indicate that the MBG program aligns with the principles of Islamic law because it contains elements of significant maslahah in improving public health, reducing stunting rates, and strengthening social welfare. Thus, the MBG policy can be understood as a form of implementing the government's responsibility in realizing social justice in line with the values of fiqh siyasah.
Musyawarah Sebagai Prinsip Politik Islam Dalam Pengambilan Keputusan
Musyawarah (consultation) constitutes one of the fundamental principles of governance in Islamic political thought and serves as an essential mechanism for realizing justice, participation, and collective responsibility in public affairs. This study aims to examine the concept of musyawarah from the perspective of Islamic constitutional law, including its normative foundations, historical development, and relevance within contemporary political systems. The research employs a normative legal method using conceptual, historical, and doctrinal approaches. Primary sources consist of Qur’anic verses, prophetic traditions, and classical Islamic political thought, while secondary sources include scholarly literature on Islamic constitutional law and political theory. The findings demonstrate that musyawarah is not merely a procedural mechanism for decision-making but also represents an ethical and constitutional principle rooted in the values of equality, justice, accountability, and public participation. Historically, the practice of musyawarah was prominently implemented during the era of the Rightly Guided Caliphs (Khulafā’ al-Rāshidūn), reflecting a governance model based on collective deliberation and public consultation. Furthermore, the study reveals that although musyawarah and modern democracy originate from different philosophical foundations, both share common principles concerning participation, representation, and accountability in governance. In the Indonesian context, musyawarah possesses strategic significance as a bridge between Islamic political values and the constitutional principles embodied in Pancasila and democratic governance. Therefore, revitalizing musyawarah within contemporary political institutions can contribute to strengthening democratic quality, promoting inclusive decision-making, and fostering good governance in Muslim-majority societies.
Analisis Hukum Islam Terhadap Paylater Dan Pinjaman Online
The development of digital technology has given rise to various application-based financial services, one of which is paylater and online lending services. The presence of these services provides convenience for society in conducting transactions and obtaining funds quickly without complicated procedures. However, behind this convenience, various problems have emerged, especially those related to interest practices, late payment penalties, and the potential existence of usury (riba) elements that contradict the principles of Islamic law. This study aims to analyze the practices of paylater and online loans from the perspective of Islamic law and to examine their impact on society. The research method used is qualitative research with a normative approach, namely by examining sources of Islamic law such as the Qur'an, Hadith, fiqh principles, and literature related to modern financial transactions. The results of the study indicate that the use of paylater and online loans is basically permissible as long as they fulfill sharia principles, such as clarity of contract, and do not contain riba, gharar (uncertainty), or elements of injustice. However, most conventional paylater and online loan practices still involve interest and penalties that fall into the category of riba, making them generally impermissible according to Islamic law. Therefore, it is necessary to improve Islamic financial literacy and strengthen supervision of digital financial services so that public transactions remain in accordance with the principles of Islamic sharia.
Konsep Kekuasaan Dalam Fiqh Dusturiyah dan Relevansinya Terhadap Sistem Ketatanegaraan Indonesia
Indonesia as a rule-of-law state requires state administration to be based on legislation, making the study of the concept of power in Fiqh Dusturiyah relevant for understanding the convergence of Islamic values and constitutional democracy. This study aims to explain the concept of power in Siyasah Dusturiyah, assess its relevance to the principle of popular sovereignty in Indonesia, and identify its contribution to the understanding of constitutional democracy. The method used is qualitative with a library research approach and content analysis of primary data (works by Al-Mawardi, Ibn Taymiyyah) and secondary data (1945 Constitution, academic journals). The results show that power in Fiqh Dusturiyah is an trust (amanah) with a three-domain division (legislative, executive, judicial) based on shura, justice, and maṣlaḥah. In conclusion, Fiqh Dusturiyah can enrich Indonesia's constitutional democracy ethically without changing the state's institutional format.
Implementasi Prinsip Keadilan dalam Kebijakan Otonomi Khusus Papua Tinjauan Fiqih Siyasah Dusturiyah
The Special Autonomy Policy for Papua was established as a constitutional instrument to address development disparities, socio-political conflicts, and the marginalization of indigenous Papuans within the national governance system. This study aims to analyze the implementation of the principle of justice in the Special Autonomy Policy for Papua through the perspective of fiqh siyasah dusturiyah. This study employs a qualitative approach using a literature review method. Data were obtained from various academic journals discussing special autonomy, social justice, indigenous peoples’ rights, decentralization, development in Papua, and the concept of justice in Islamic law. The research findings indicate that the implementation of the Papua Special Autonomy Policy has not fully reflected the principles of substantive justice as developed in fiqh siyasah dusturiyah. Development disparities, weak participation of indigenous communities, budget distribution issues, and low oversight effectiveness are the main factors hindering the realization of social justice in Papua. From the perspective of constitutional political jurisprudence, the government bears a moral and constitutional responsibility to ensure the public welfare through policies that are fair, transparent, and oriented toward the people’s well-being. The principle of justice in Islam emphasizes a balance of rights and obligations, protection of vulnerable groups, and equitable development without discrimination. Therefore, the implementation of Papua’s Special Autonomy requires strengthening of governance, budget oversight, empowerment of indigenous communities, and the reconstruction of policies to be more participatory so that the goal of social justice can be optimally achieved.
Transformasi Hukum Perceraian dalam Sistem Hukum Islam dan Hukum Positif Indonesia: Analisis Maqāṣid al-Syarī‘ah terhadap Perlindungan Ketahanan Keluarga
Divorce is a legal event that possesses complex religious, social, and juridical dimensions within Indonesian society. From the perspective of Islamic law, divorce is permissible as a last resort when marital life can no longer be maintained. Meanwhile, Indonesian positive law regards divorce as a legal act that must be conducted through judicial proceedings to ensure the protection of the rights of all parties involved. This study aims to analyze the transformation of the concept of divorce in Islamic law into the Indonesian national legal system and to examine its compatibility with the principles of maqāṣid al-sharī‘ah in protecting family resilience. This research employs a normative juridical method using statutory, conceptual, and maqāṣid al-sharī‘ah approaches. The legal materials consist of primary legal sources, including Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019, the Compilation of Islamic Law, and other relevant regulations, as well as secondary legal materials such as books, scientific journals, and previous studies. The findings indicate that the Indonesian divorce system represents a transformation of Islamic law that prioritizes the protection of women’s and children’s rights through the judicialization of divorce. The requirement that divorce be conducted through the Religious Court does not contradict Islamic principles but rather reflects the implementation of maqāṣid al-sharī‘ah in protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Therefore, the Indonesian divorce system can be viewed as a form of Islamic legal reform oriented toward family protection and the realization of substantive justice.
Nurhayati Fadillah nurhayatifadillah965@gmail.com
Nepotisme, ketimpangan sosial, dan penegakan hukum selektif dalam kasus korupsi elite politik: Kajian literatur
Nepotism, social inequality, and selective law enforcement in cases of political elite corruption remain significant challenges to the realization of justice and good governance in Indonesia. This study aims to examine the relationship between nepotism, social inequality, and selective law enforcement in the context of political elite corruption through a literature review approach. The study employs qualitative library research by analyzing relevant academic publications published within the last five years, complemented by several foundational theoretical sources. The findings reveal that nepotism contributes to the concentration of power and resources among certain political groups, thereby weakening meritocratic principles and creating unequal access to public opportunities. Such conditions foster social inequality and facilitate corrupt practices among political elites. Furthermore, selective law enforcement exacerbates these problems by providing unequal legal treatment between political elites and ordinary citizens, which undermines public trust in legal institutions and weakens the rule of law. The study argues that nepotism, social inequality, and selective law enforcement are interconnected phenomena that reinforce one another and contribute to the persistence of political corruption. Therefore, strengthening transparency, accountability, merit-based governance, and impartial law enforcement is essential to promoting social justice and improving the effectiveness of anti-corruption efforts in Indonesia. This study contributes to a broader understanding of the structural relationship between political power, corruption, and social inequality within the Indonesian context.
IJARAH, UJRAH, DAN ISTI’JAR DALAM PERSPEKTIF ILMU HADIS DAN HUKUM ISLAM
The rapid development of Islamic economics in Indonesia has intensified the implementation of contracts based on ijārah, ujrah, and isti’jār in various business and financial activities. This article aims to analyze the concepts of ijārah, ujrah, and isti’jār from the perspective of hadith studies and to examine them within the framework of Islamic law. This research employs a qualitative library-based method. The methodology includes thematic hadith exploration, takhrīj al-hadith, sanad criticism, and matn criticism of narrations related to wage payment and leasing practices. The findings reveal that the hadith on ujrah is transmitted through several chains with varying degrees of authenticity; however, its substance does not contradict the Qur’an or other authentic hadiths. The narrations concerning ijārah and isti’jār demonstrate normative legitimacy for leasing and employment contracts, provided that they uphold justice, contractual clarity, and are free from elements of gharar and injustice. From the perspective of Islamic law, ijārah is analogically related to sale contracts since its object concerns usufruct (manfa‘ah), and its original ruling is permissibility unless there is evidence prohibiting it. This study affirms that the fulfillment of ujrah constitutes an imperative obligation linked to the protection of rights and the realization of maqāṣid al-sharī‘ah, particularly in safeguarding property and promoting social justice.
Penyelesaian Sengketa Hasil Pemilihan Kepala Daerah dan Prinsip Keadilan Konstitusional: Analisis Putusan Mahkamah Konstitusi Nomor 152/PHPU.BUP-XXIII/2025 dalam Perspektif Demokrasi dan Nilai Islam
This article examines the settlement of regional head election disputes in Indonesia through an analysis of Constitutional Court Decision No. 152/PHPU.BUP-XXIII/2025 concerning the 2024 Regent Election of Deli Serdang. The study aims to assess how the Constitutional Court resolves electoral disputes within the framework of constitutional justice and to evaluate the decision from the perspective of electoral justice and Islamic values relevant to Muslim societies. Employing a qualitative normative–empirical legal research approach, this article analyzes constitutional provisions, statutory regulations, and the Court’s legal reasoning (ratio decidendi), supported by limited empirical data related to the electoral context. The findings indicate that the Constitutional Court consistently prioritizes procedural justice by strictly applying the vote-difference threshold as stipulated in Law No. 10 of 2016, thereby emphasizing legal certainty and political stability. However, this procedural orientation potentially constrains substantive justice, particularly when claims relate to the quality of the electoral process and voter participation affected by external conditions. From the perspective of Islamic legal and ethical principles—such as ʿadl (justice), amānah (trust), and maslaḥah (public interest)—the decision reflects institutional responsibility and formal legality, yet leaves room for a more socially responsive approach to electoral justice. This article contributes to existing scholarship by integrating constitutional law analysis with Islamic normative values, offering an interdisciplinary perspective on electoral dispute resolution in Muslim societies. It argues that incorporating ethical and social considerations alongside procedural requirements may strengthen public trust and enhance the substantive quality of democratic governance at the local level.
Copyright (c) 2025 Albayan Journal of Islam and Muslim Societies
Penalaran Hukum (Istinbāṭ) Walimatul ‘Ursy dalam Fikih Syafi’iyah dan Relevansinya terhadap Kompilasi Hukum Islam di Indonesia
Walīmat al-ʿurs constitutes an important socio-religious practice in Islamic marriage, particularly within Muslim societies that adhere to the Shāfiʿī school of law. This article examines the legal reasoning (istinbāṭ) employed by Shāfiʿī jurists in determining the legal status of walīmat al-ʿurs and analyzes its relevance to Indonesia’s Compilation of Islamic Law (Kompilasi Hukum Islam/KHI). Employing a normative legal research method with conceptual and comparative approaches, this study analyzes classical Shāfiʿī legal texts alongside statutory Islamic family law in Indonesia. The findings demonstrate that Shāfiʿī jurists derive the ruling of walīmat al-ʿurs through an integrative mode of legal reasoning that combines textual commands of the Prophet, contextual indicators (qarāʾin), and functional considerations of marriage publicity (iʿlān al-nikāḥ), resulting in its classification as sunnah muʾakkadah. Meanwhile, the absence of explicit regulation on walīmat al-ʿurs in the KHI reflects a legislative choice to prioritize administrative and juridical aspects of marriage over ritual-social practices. This study argues that walīmat al-ʿurs remains epistemologically, normatively, and functionally relevant to the KHI as a form of living Islamic law that complements codified legal norms. The article contributes to Islamic legal scholarship by highlighting the continued relevance of classical Shāfiʿī legal reasoning in understanding and evaluating contemporary Islamic family law in Indonesia.
Perempuan dan Pendidikan: Studi Historis-Kritis Dari Zaman Klasik Hingga Modern Dalam Konteks Pendidikan Islam
This article critically examines the position and role of women in education through a historical and Islamic perspective. The discussion traces the development of women’s education from ancient civilizations, the pre-Islamic era, the classical Islamic period, to the modern and contemporary context. Using a qualitative library research method with a historical-critical approach, this study analyzes normative Islamic texts, historical records, and contemporary scholarly works to explore the gap between Islamic ideals and social practices regarding women’s education. The findings demonstrate that women’s education has strong theological legitimacy in Islam and has played a significant role in the transmission of knowledge and the development of civilization. Furthermore, the emergence of women-only educational institutions reflects adaptive strategies to expand access while responding to socio-cultural contexts. This study argues that strengthening women’s education is not merely a matter of gender equality, but a strategic foundation for building an ethical, knowledgeable, and sustainable society.
KHULU' DALAM PERSPEKTIF FIKIH KLASIK DAN IMPLEMENTASINYA DALAM HUKUM POSITIF INDONESIA
Khulūʿ, as a divorce mechanism initiated by the wife through the payment of iwāḍ (compensation) to the husband, is a legal institution deeply rooted in classical Islamic jurisprudence, yet it has undergone significant transformation when adopted into modern legal systems, including that of Indonesia. This study reassesses the concept of khulūʿ across the four Sunni schools of law and compares these doctrinal formulations with its judicial implementation within the Indonesian legal system, particularly through the Kompilasi Hukum Islam (KHI) and the practices of the Religious Courts. Employing a qualitative, library-based research approach combined with doctrinal and comparative legal analysis, this research finds that although the fundamental elements of khulūʿ—such as the requirement of iwāḍ, the absence of the husband’s right to revoke the divorce, the prescribed ʿiddah, and the centrality of mutual consent—are maintained, the Indonesian legal system has formally institutionalized khulūʿ by mandating judicial proceedings, requiring specific grounds for divorce, authorizing judicial intervention in determining iwāḍ when no agreement is reached, and introducing administrative procedures absent from classical fiqh discourse. The study concludes that the Indonesian model of khulūʿ reflects a process of Islamic legal adaptation shaped by the demands of modernity, the administrative needs of the state, and the imperative of protecting women, thereby producing a dialectical relationship between fiqh orthodoxy and contemporary family law regulation.
Dakwah Digital dan Tantangan Verifikasi Hadis: Studi Terhadap Pemahaman Audiens di Media Sosial
The advancement of information technology has transformed the methods of Islamic preaching (da'wah), positioning social media as a primary platform for disseminating religious messages. Amid the rapid and massive flow of information, the spread of hadiths through digital media faces serious challenges in terms of verification and source authenticity. This study aims to understand how social media audiences perceive the importance of hadith verification in the context of digital da'wah and how such understanding influences their reception of religious content. This research employs a qualitative approach using a case study method, with data collected through in-depth interviews, participatory observation, and content analysis of social media platforms. The analysis is grounded in information reception theory and digital religious literacy. The findings reveal a diversity of audience understanding regarding hadith authenticity, influenced by educational background, trust in digital preachers, and exposure to religious content. The analysis shows that low levels of digital Islamic literacy contribute to the widespread dissemination of inauthentic hadiths. Compared to previous studies and relevant theories, this research emphasizes the need for a systematic enhancement of digital religious literacy. In conclusion, audience understanding of hadith verification remains uneven, highlighting the need for da'wah strategies that are not only informative but also educational within the social media landscape.
Urgensi Kajian Tarikh al-Tasyri’ dalam Formulasi Hukum Islam Kontemporer
The study of Tarikh al-Tasyri‘ is a discipline that traces the formation of Islamic law from the prophetic era to the modern age, providing an essential historical framework for formulating contemporary Islamic legal rulings that remain adaptive while rooted in the tradition of the Shari‘ah. This research employs a qualitative, library-based approach to explore the development of Islamic legislation through key phases, beginning with the revelation of the Qur’an, the practices of the Companions, the formation of legal schools, and the transformation of law in the modern nation-state era. The findings indicate that Islamic law possesses dynamic, historical, and contextual characteristics, making an understanding of its historical trajectory crucial for interpreting the law accurately within the context of rapid social change. The integration of Tarikh al-Tasyri‘, maqasid al-shari‘ah, and contemporary ijtihad methodologies forms the epistemological foundation for constructing modern Islamic law that is not only normative but also relevant and responsive to present-day challenges. The novelty of this study lies in utilizing the history of legislation not merely as a descriptive record but as an active epistemological source for formulating contemporary approaches to Islamic legal thought.
Implementasi Konsep Trias Politica dan Peradilan pada Masa Rasulullah SAW serta Khulafaur Rasyidin
This study aims to examine the implementation of the concept of trias politica and the judicial system during the time of the Prophet Muhammad (peace be upon him) and the era of the Rightly Guided Caliphs, with a focus on how the principle of separation of powers was manifested in early Islamic governance. The research employs a descriptive qualitative method through library research, comparing primary sources such as the Qur’an, Hadith, and the Charter of Medina, along with relevant secondary scholarly literature. The analysis is grounded in the theory of separation of powers and the Islamic theory of justice. The findings indicate that during the Prophet Muhammad’s leadership, the concept of trias politica had not yet been formally established. Nonetheless, legislative, executive, and judicial functions were integrated within a single authority, as reflected in the Charter of Medina, which affirms his role as lawmaker, administrator, and judge. In the era of the Khulafaur Rasyidin under Caliph Umar ibn al-Khattab the governmental structure began to show a clearer delineation of powers through the establishment of a more independent judiciary and the reinforcement of procedural justice principles. In conclusion, although a formal separation of powers was not implemented during either period, both the Prophet Muhammad and the Rightly Guided Caliphs upheld fundamental values such as justice, consultation (shura), and the rule of law. These values served as the essential foundations for the development of Islamic governance.
Analisis Yuridis Pidana Penjara dan Rehabilitasi terhadap Pecandu Narkotika Jenis Shabu (Studi Putusan Pengadilan Negeri Sei Rampah Nomor 9/Pid.Sus/2024/PN Srh)
This study analyzes the juridical aspects of imprisonment and rehabilitation for drug addicts, focusing on crystal methamphetamine (“shabu”) abuse as examined in the District Court of Sei Rampah Decision No. 9/Pid.Sus/2024/PN Srh. Using a normative juridical method with a statutory and case approach, this research explores how the principles of punishment and rehabilitation interact within Indonesia’s narcotics legal framework. The findings reveal that the court tends to impose imprisonment instead of rehabilitation, showing a preference for deterrence rather than recovery. Such a stance creates tension between the punitive and therapeutic aspects of criminal justice. The study argues that a restorative and therapeutic justice approach, emphasizing human rights and social reintegration, should be prioritized to realize a humane and balanced narcotics criminal policy in Indonesia.
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Analisis Yuridis Pertanggungjawaban Pidana terhadap Pelaku Penangkapan Ikan dengan Menggunakan Jaring Trawl Secara Illegal (Studi Putusan Nomor 1/Pid.Sus-PRK/2024/PN Mdn)
This research analyzes criminal liability for illegal fishing using trawl nets, based on Decision No. 1/Pid.Sus-PRK/2024/PN Mdn. The study employs a normative juridical method by examining statutory provisions and the judge’s reasoning in imposing sanctions. Findings show that the act of using trawl nets violates the Fisheries Law and environmental principles, as it damages marine ecosystems and threatens sustainable fish resources. The judgment upholds both retributive and preventive goals by punishing the perpetrator while promoting environmental deterrence. The study concludes that legal enforcement in fisheries requires consistency and integration between criminal sanctions and sustainable development policy.
Analisis Yuridis Tindak Pidana Pemerasan dengan Pengancaman (Studi Putusan Pengadilan Negeri Medan Nomor 1625/Pid.B/2024/PN.Mdn)
This study analyzes the legal aspects of extortion accompanied by threats as regulated under Article 368 of the Indonesian Criminal Code, using a case study of Decision No. 1625/Pid.B/2024/PN.Mdn. Employing a normative juridical approach combined with qualitative analysis, the research examines the elements of the criminal act, the evidentiary process, and the judge’s legal considerations. Findings show that the defendant’s actions fulfilled all material and formal elements of extortion by threat. However, discrepancies remain between the theoretical interpretation of coercion and its judicial application. Therefore, the research suggests the need for consistency in sentencing and preventive measures through public legal awareness.
Pertanggungjawaban Hukum Pengemudi Bus Angkutan Umum terhadap Kecelakaan yang Mengakibatkan Penumpang Meninggal Dunia: Analisis Yuridis di Polres Aceh Utara
This study analyzes the legal accountability of public bus drivers involved in traffic accidents causing passengers' death, focusing on the criminal, civil, and administrative dimensions of responsibility. Using a normative-empirical juridical approach, the research examines statutory regulations, police investigation procedures, and court decisions related to fatal road accidents. The findings indicate that although the drivers’ negligence is the primary cause, systemic factors such as vehicle unfitness, weak supervision, and lack of passenger protection contribute significantly. Therefore, effective enforcement requires harmonizing criminal law principles with preventive transportation safety policies and the ethical responsibility of public transport operators.
Mekanisme Penindakan Terhadap Oknum Anggota Polisi yang Melakukan Pelanggaran Kode Etik Oleh Bidang Profesi Dan Pengamanan (PROPAM)
The attitudes and behavior of members of the Indonesian National Police are governed by the Police Professional Code of Ethics as stipulated in Police Regulation Number 7 of 2022. This study examines the legal framework and enforcement mechanisms implemented by Propam against police officers who violate the code of ethics, as well as the challenges and efforts encountered in the process. The research is descriptive-analytical with an empirical juridical approach. Data were collected through literature review and field research at the North Sumatra Regional Police, consisting of both primary and secondary sources. The findings reveal that enforcement against ethical violations includes not only ethical sanctions but also criminal penalties under the Indonesian Criminal Code and administrative sanctions as regulated in Police Regulation No. 7 of 2022. The enforcement process begins with public reports, internal investigations, and hearings before the Police Code of Ethics Commission, which consists of three to five members, including the adjudicator (Ankum), prosecutor, and advisor, all from within the police institution. Challenges include the absence of alleged violators, lengthy trial proceedings, and limitations in internal supervision. This study emphasizes the importance of consistent enforcement by Propam to uphold professionalism and the integrity of the police institution.