Journal Title Mir'ah: Family Law and Legal Culture Frequency 2 issues per year DOI prefix 10.23971 by Print ISSN - Online ISSN 3063-4881 Editor-in-Chief Aris Sunandar Suradilaga (Scopus ID) Publisher Faculty Sharia of State Islamic University (UIN) Palangka Raya Citation Analysis Index Copernicus |Garuda | Sinta | Google Scholar Mir'ah: Family Law and Legal Culture is a double-blind peer-reviewed journal published by Faculty Sharia of State Islamic University (UIN) Palangka Raya, Indonesia. The journal publishes research articles on Family law and Legal Culture (See Focus and Scope). The articles of this journal are published bi-annually; in June and December. This journal was first published in 2024 and has been registered with CrossRef. All articles published by Mir'ah: Family Law and Legal Culture have a DOI number and are also indexed by Garuda and Google Scholar indexing please go here.
Faculty Sharia of State Islamic University (UIN) Palangka Raya
Gender Justice and Family Welfare in Qur’anic Perspectives on Interfaith Marriage and Polygamy: A Thematic Study
This study examines Qur'anic perspectives on interfaith marriage and polygamy through a thematic (maudhu'i) interpretation approach and analyzes their implications for gender justice and family welfare in Islamic law. Using qualitative descriptive library research, this study examines Qur'anic verses, hadith, classical and contemporary tafsir literature, and relevant scholarly references. The findings reveal that the Qur'an prohibits marriages between Muslim women and non-Muslim men and forbids marriage with polytheists to safeguard faith, family harmony, and religious upbringing of future generations. Polygamy is permitted as a conditional concession limited to four wives, provided justice can be maintained; however, the Qur'an acknowledges the difficulty of achieving perfect justice, implying monogamy is preferable when fairness cannot be guaranteed. These regulations significantly impact marriage validity, inheritance rights, religious practices within the family, and spousal social-economic responsibilities. This research contributes to contemporary thematic exegesis by presenting a balanced, textually-grounded yet contextually-sensitive analysis responsive to modern challenges, particularly addressing gender justice and family welfare holistically. However, limitations include exclusive reliance on library research without field data, limited scope to two themes without exploring other contemporary family law issues, and dominance of Sunni perspectives without adequate discussion of minority or alternative interpretations. Overall, Qur'anic regulations concerning interfaith marriage and polygamy demonstrate a strong commitment to protecting religious faith, promoting gender justice, preserving family welfare, and realizing Islamic family law objectives in contemporary society.
Copyright (c) 2026 Helga Juliya, Rizki Rahmadani, Safa Anzila Madaniah https://creativecommons.org/licenses/by-sa/4.0
Single-Use Plastic Consumption in Islamic Environmental Jurisprudence: A Maqāṣid al-Sharī'ah Analysis
The use of single-use plastics has become part of modern life due to their practicality and affordability. However, their excessive use has caused negative environmental impacts, such as soil, water, and marine pollution, while threatening ecosystem balance and human health. This article aims to analyze the ethics of single-use plastic consumption from the perspective of maqāṣid al-sharī'ah through the fiqh al-bi'ah approach. This qualitative research employs documentation study and descriptive-analytical analysis of relevant literature. The findings reveal that although single-use plastics offer practical benefits, their long-term negative impacts outweigh their advantages. This condition contradicts the principles of maqāṣid al-sharī'ah, particularly in protecting life (hifz al-nafs), preserving future generations (hifz al-nasl), and safeguarding wealth (hifz al-mal). From an environmental perspective, preserving nature is a moral responsibility of humans as khalifah on earth. The contribution of this article is to provide a normative ethical framework based on maqāṣid that can serve as a foundation for fatwas, policies, and ecological awareness movements among Muslims. However, this study has limitations as it has not thoroughly examined the socio-economic aspects of underprivileged communities, the availability of alternative infrastructure, and the roles of industry and government in supporting comprehensive behavioral transformation. Therefore, reducing single-use plastic consumption and shifting to environmentally friendly behavior are concrete forms of implementing Islamic values in realizing public welfare and maintaining environmental sustainability.
Copyright (c) 2026 Najwa Azzahra https://creativecommons.org/licenses/by-sa/4.0
Reconceptualizing Hifz al-Bīʻah within Maqāṣid al-Sharī'ah: An Islamic Environmental Jurisprudence Analysis of Forest and Land Fires in Kalimantan
Forest and land fires (FLF) remain a recurring environmental problem in Kalimantan, causing ecological degradation, public health risks, economic losses, and climate-related impacts. This study aims to analyze FLF from the perspective of environmental Islamic jurisprudence (fiqh al-bīʻah) by positioning ḥifẓ al-bīʻah (environmental preservation) as a contemporary development of maqāṣid al-sharī’ah. This research employed a descriptive qualitative library research method by examining the Indonesian Council of Ulama (MUI) Fatwa No. 30 of 2016, MUI Fatwa No. 86 of 2023, Islamic legal maxims, maqāṣid al-sharī’ah literature, and secondary data on FLF in Kalimantan during 2023–2024. The findings reveal that land clearing through burning contradicts the principle of ḥifẓ al-bīʻah and is declared prohibited (haram) under both fatwas. Islamic legal maxims, including (Lā dharara wa lā dhirāra), (Dar'ul mafasidi muqaddamun 'ala jalbil mashalih), and (Ad-dhararu yuzalu) further emphasize that preventing environmental harm must take precedence over short-term economic interests. This study contributes to strengthening environmental Islamic jurisprudence as a normative framework supporting FLF prevention through the integration of state regulations, religious fatwas, and environmental da'wah. Nevertheless, this study is limited to library research; therefore, future field-based studies are needed to examine the implementation of ḥifẓ al-bīʻah in forest and land fire prevention.
Copyright (c) 2026 Muhammad Ramsah, Ahmad Dakhoir, Puji Rahmiati https://creativecommons.org/licenses/by-sa/4.0
River Pollution in Riverside Stilt-House Communities: An Environmental Fiqh Perspective from Kahayan River, Indonesia
River pollution in riverside stilt-house communities has become a significant environmental issue that threatens ecosystem sustainability and public health. This study aims to analyze river pollution in the Kahayan River from the perspective of fiqh al-bi'ah (Islamic environmental jurisprudence) by examining the relevance of Islamic legal principles to environmental conservation. The research employed a normative legal approach based on library research using the Qur'an, Hadith, classical and contemporary fiqh literature, books, and scientific journal articles. Data were analyzed descriptively and analytically by relating the concepts of ḥifẓ al-bi'ah, fasād fi al-arḍ, maqāṣid al-sharī'ah, and the legal maxim adh-dhararu yuzāl to the phenomenon of river pollution. The findings reveal that river pollution is driven not only by inadequate sanitation infrastructure but also by long-standing socio-cultural practices and the limited internalization of environmental values in religious life. From the perspective of Islamic environmental jurisprudence, such practices constitute mafsadah and contradict the objectives of Islamic law aimed at protecting life, property, future generations, and the environment. Therefore, sustainable solutions require the integration of religious environmental education, adequate sanitation facilities, and community-based environmental regulations involving government, religious leaders, and local communities. This study contributes to the development of Islamic environmental jurisprudence by providing a contextual framework for integrating Islamic legal values into river conservation efforts. However, the study is limited by its normative approach and does not incorporate empirical evidence from community behavior, suggesting the need for future empirical and mixed-methods research.
pencemaran sungai, rumah panggung, fikih lingkungan, kesadaran masyarakat, lingkungan hidup.
Copyright (c) 2026 Ahmad Ridhoni https://creativecommons.org/licenses/by-sa/4.0
Negotiating Islamic Law and State Law: Legal Culture of Informal Torn Money Exchange in Central Kalimantan, Indonesia
The practice of informal torn-money exchange remains prevalent in traditional markets despite the availability of official exchange services provided by authorized financial institutions. This study aims to examine the legal culture underlying informal torn-money exchange practices at Pasar Sabtu, Selat District, Kapuas Regency, Central Kalimantan, and to analyze their conformity with Islamic law and Indonesian monetary law. This research employed an empirical legal design using a socio-legal approach. Data were collected through observations, in-depth interviews with money exchangers, traders, community members, and banking officials, as well as document analysis, and were analyzed using a qualitative descriptive method. The findings reveal that the persistence of informal exchange practices is driven by pragmatic legal culture, where accessibility, efficiency, and convenience are prioritized over compliance with religious and state legal norms. From the perspective of Islamic law, the practice contains elements of ribā al-faḍl, gharar, and ambiguity of contract, making it inconsistent with the principles of al-ṣarf. Simultaneously, it contradicts Law Number 7 of 2011 on Currency, which guarantees the exchange of damaged banknotes at their full nominal value through authorized institutions. This study contributes to socio-legal scholarship by demonstrating that informal financial practices represent an ongoing negotiation between Islamic law, state law, and local legal culture in responding to community economic needs. The study is limited to a single research location; therefore, broader comparative studies are recommended to strengthen the generalizability of the findings.
Copyright (c) 2026 Siti Fatimah, Eka Suriansyah, H. Kamal Hasuna https://creativecommons.org/licenses/by-sa/4.0
An Integrative Analysis of Fiqh al-'Ibadah for the Moral Development of Contemporary Muslim Youth: Prayer, Zakat, Fasting, and Hajj
This study examines the reactualization of Islamic jurisprudence (fiqh al-'ibadah), specifically prayer (salat), almsgiving (zakat), fasting (sawm), and pilgrimage (hajj), as a framework for moral development among contemporary Muslim youth. Employing a qualitative descriptive-analytical approach, this research explores the spiritual and social dimensions embedded within these four pillars of worship. The findings reveal that fiqh al-'ibadah functions not merely as a procedural guide for ritual observance but also as an instrument for character education and socio-moral reinforcement (fiqh al-akhlaq). Prayer cultivates self-discipline and inner tranquility, zakat strengthens social solidarity and economic justice, fasting fosters self-control and empathy, and pilgrimage reinforces global Islamic brotherhood. This study concludes that an integrative-holistic recontextualization of fiqh al-'ibadah can effectively bridge the knowing-doing gap between ritual knowledge and moral practice The primary contribution of this research lies in offering a comprehensive integrative framework that simultaneously links the four pillars of worship to moral development, addressing the fragmented approach in previous studies. This framework provides Islamic educators and policymakers with a practical model for designing contextual fiqh education for digital-native Muslim youth. However, this study has limitations as library research, it relies entirely on textual analysis without empirical field validation. The theoretical findings require further empirical testing through quantitative or mixed-method studies to measure the actual impact on youth moral behavior. Future research is recommended to conduct longitudinal studies and cross-cultural comparisons to strengthen the generalizability of these findings.
Fiqh al-'Ibadah, Moral Development, Youth Generation, Prayer, Almsgiving, Fasting, Pilgrimage.
Copyright (c) 2026 Iqlima Dhuha Anwar, Naufal Firdaus, Aini Fikri https://creativecommons.org/licenses/by-sa/4.0
Islamic Ecotheology as the Foundation of Environmental Ethics: Reinterpreting Fiqh al-Bi'ah in the Contemporary Ecological Crisis
The global environmental crisis requires solutions that go beyond purely technical approaches. This study examines Islamic ecotheology and the reinterpretation of fiqh al-bi'ah as a normative foundation for fostering ecological awareness among the Muslim community. Employing a qualitative library research approach and thematic analysis of primary sources from the Qur'an, hadith, and contemporary literature, the findings reveal that the concepts of khalīfah (stewardship), amānah (trust), maqāṣid al-sharī'ah, tawāzun (balance), and the prohibition of fasād (environmental destruction) constitute the core principles of Islamic environmental ethics, emphasizing humanity's responsibility to preserve nature. The reinterpretation of fiqh al-bi'ah demonstrates strong potential as a practical moral and legal framework for encouraging behavioral change toward just and sustainable environmental management, particularly within the Indonesian context. The main contribution of this study lies in developing a conceptual framework that integrates Islamic ecotheology with the reinterpretation of fiqh al-bi'ah, thereby enriching contemporary Islamic environmental ethics and providing a contextual foundation for addressing current ecological challenges. The findings also contribute to strengthening ecology-based Islamic education and culturally responsive environmental policy development. Nevertheless, this study is limited to library research and does not empirically examine the implementation of the proposed framework within Muslim communities or Islamic educational institutions. Future studies are therefore recommended to conduct empirical investigations to assess the effectiveness of fiqh al-bi'ah in promoting ecological awareness and sustainable environmental behavior.
Islamic ecotheology, Fiqh al-Bi'ah, Maqāṣid al-Syarī'ah, Ecological Awareness, Islamic Environmental Ethics, Reinterpretation
Copyright (c) 2026 Musyaari Rasyid, M. Riyad Auni, Afifa Nurfitria Wadina https://creativecommons.org/licenses/by-sa/4.0
Religious Moderation and Social Fiqh: Reconstructing Islamic Legal Responses to Cultural Diversity in Indonesia
Indonesia, as a pluralistic nation with remarkable religious, cultural, and ethnic diversity, faces both opportunities and challenges in maintaining social cohesion. Religious moderation has emerged as a strategic approach to balance religious devotion with respect for cultural plurality. From the perspective of social jurisprudence (fiqh sosial), religious moderation transcends its theological dimensions to function as a social instrument for fostering harmony, justice, and public order. This article examines the significance of religious moderation in navigating cultural differences and its relevance to social law in Indonesia. Employing a library research method with a descriptive-analytical approach, this study analyzes primary and secondary sources on Islamic jurisprudence, social law, and religious moderation policies in Indonesia. The findings reveal that religious moderation functions as a social control mechanism that acknowledges cultural plurality while maintaining Islamic legal principles. The integration of moderation values into social fiqh provides a framework for resolving cultural tensions, accommodating local traditions, and strengthening national resilience. This research contributes to the growing discourse on Islamic legal reconstruction in multicultural societies and offers practical implications for policymakers, religious leaders, and educators in promoting inclusive religious practices within Indonesia's diverse socio-legal landscape.
Religious Moderation, Social Fiqh Perspective, Cultural Diversity, Islamic Law, Social Harmony
Copyright (c) 2026 Mutiara Azizah, Hidayat Azhar Al Ikhlash, Muhammad Akbar https://creativecommons.org/licenses/by-sa/4.0
Ashabul Furudh and Waqf Integration in Contemporary Islamic Wealth Distribution: Revisiting Classical Fiqh in the Indonesia Context
This article aims to reconstruct the understanding of Fiqh Mawaris, particularly concerning the position of Ashabul Furudh in Islamic inheritance distribution, and to integrate waqf assets within the context of contemporary wealth distribution. This research employs a qualitative approach using library research methodology. Data were collected from primary sources such as the Qur'an, hadith, and classical fiqh books, as well as secondary sources including indexed scientific journals and contemporary literature on inheritance and waqf law. Analysis was conducted using descriptive-analytical methods with a comparative approach across Islamic legal schools and modern scholars' perspectives. The research finds that: (1) Ashabul Furudh as fixed-share heirs requires re-evaluation within modern socio-economic contexts without disregarding the qath'i provisions of the Qur'an; (2) There are disagreements among scholars regarding the status of distant relatives (dzawil arham) and inheritance distribution methods, with flexibility through lifetime gifts (hibah) and reconciliation (ash-shulh); (3) The integration of waqf within the inheritance framework faces contemporary challenges that can be addressed through istibdal and cash waqf while adhering to the principle of maslahah; (4) Heirs are legally prohibited from taking waqf land and is protected by Law No. 41 of 2004 concerning Waqf. This research provides a comprehensive synthesis between classical Islamic jurisprudence and contemporary needs, offering a practical framework for the application of inheritance and waqf law in Indonesia by integrating perspectives from various legal schools and modern scholars. This research is limited to library research without empirical field studies; thus, it has not examined actual implementation in courts and communities. Future research should include empirical case studies and comparative studies with other Muslim-majority countries.
Fiqh Mawaris, Ashabul Furudh, Waqf, Islamic Inheritance Law, Contemporary Wealth Distribution
Copyright (c) 2026 Auliya Yulanda, Irpan Maulana, Ninda Ayu Ijun Husada https://creativecommons.org/licenses/by-sa/4.0
Reinterpreting the Objectives of Islamic Marriage in the Contemporary Era: A Maqāṣid al-Sharīʿah Perspective on Childfree and Misyar Marriage
This study examines the phenomena of childfree marriage and misyar marriage from the perspective of maqāṣid ash-sharīʿah, as an effort to reinterpret the objectives of Islamic marriage in the contemporary era. This research employs a normative legal method with qualitative, conceptual, and normative-theological approaches through an examination of the Qur’an, hadith, scholarly opinions, and contemporary Islamic family law literature. The findings indicate that childfree marriage and misyar marriage cannot be assessed absolutely, but must be examined based on intention, underlying reasons, mechanisms, impacts, and their conformity with the objectives of Islamic law. Temporary childfree decisions may be permissible when grounded in maslahah, such as health considerations, psychological readiness, or family stability. However, permanent childfree decisions without urgent justification may conflict with hifz al-nasl. Misyar marriage may be formally valid if it fulfills the essential pillars and conditions of marriage; however, from a maqāṣid perspective, it is acceptable only in a limited sense when it does not eliminate the wife’s basic rights, cause exploitation, and continues to uphold justice and legal protection. The contribution of this study lies in its integrative analysis of childfree marriage and misyar marriage within the framework of maqāṣid ash-sharīʿah. The limitation of this research is that it remains a normative library-based study and has not yet employed empirical data from practitioners or related institutions.
Childfree, Misyar Marriage, Maqāṣid Ash-Sharīʿah, Fiqh Munakahat, Islamic Marriage.
Copyright (c) 2026 Haikal Habibie, Mawaddah, Taupik Kurrahman, Nasywa Azzahra https://creativecommons.org/licenses/by-sa/4.0
Juriprudence in Islamic Perspective: An Analysis of the General Rules of Fikih in Al-Qawāʻid Al-Fiqhiyyah Al-‘Āmmah against the Dynamics of Change
The rules of fiqh, known as al-qawāʻid al-fiqhiyyah, are the basic principles of Islamic law that are made to facilitate the determination of the law on various issues in life. These rules are not only related to worship, but also muamalah and social life. The purpose of this study is to analyze the concept of fiqh rules as a whole, see the main principles in al-qawāʻid al-fiqhiyyah al-ʻāmmah, and see how fiqh rules develop over time. The research method used is normative method with descriptive analysis approach. Data were obtained from modern and classical literature, such as fiqh books and fatwas of scholars, using descriptive-analytical qualitative methods. The results show that Islamic law has the ability to adapt without losing its sharia principles, with rules such as “fatwas change according to changes in time, place, circumstances, intentions and customs” and “preserving the old that is beneficial and taking the new that is more beneficial”. Therefore, the principles of fiqh are still useful as a basis for dealing with legal challenges in the contemporary era.
Copyright (c) 2025 Shafratul Az-Zahra https://creativecommons.org/licenses/by-sa/4.0
Family Coaching in Stunting Prevention Efforts in Central Kalimantan
This research aims to analyze the role of family development in efforts to reduce stunting rates in Central Kalimantan, where obstacles exist in family development faced with various unique challenges, such as high divorce rates, problems of child malnutrition (stunting), underage marriage, poverty, domestic violence, child legal cases, and drug abuse. The research method uses empirical methods, namely field data collection with a research approach using a sociolegal approach in offering an understanding of the social dynamics of family coaching by the National Population and Family Planning Agency (BKKBN) in preventing stunting. The results show that family development has a very crucial role in preventing stunting. Programs such as BKB, BKR, and BKL have provided parents with knowledge and skills in parenting. However, there are still several factors that influence fluctuations in stunting rates, such as socioeconomic conditions and the pandemic. Therefore, more comprehensive and sustainable efforts are needed to reduce stunting rates in Central Kalimantan.
Copyright (c) 2025 Ummi Umairoh Umai, Putri Nur Anggraini Putri, Hendy Pratama Putra Hendy, Muhammad Zahid Al-anshory alan, Kamal Iktibar Ramadhan kamal https://creativecommons.org/licenses/by-sa/4.0
Analysis of Hibah Cancellation in the Case Study of the Decision of the Religious Court of Palangka Raya City Number 301/PDT.G/2023/PA.PLK
This research discusses a grant dispute reflected in the Decision of the Palangka Raya Religious Court Number 301/Pdt.G/2023/PA.PLK, which relates to the annulment of a grant and the sale and purchase of land. In this case, the court canceled the Minutes of Grant Submission and the Land Sale and Purchase Agreement between the defendant and co-defendant, because they were considered invalid according to the law. This research aims to analyze the implementation of grant law in the context of Indonesian positive law and Islamic law, and investigate the effect of grant cancellation on inheritance rights. The research method used is normative law in examining the object under study, while the research approach is a conceptual approach as a descriptive-qualitative analysis to obtain conclusions that can be scientifically accounted for. The results show that the decision reflects the court's efforts to uphold the principles of justice and legal clarity in grant transactions and land sales and purchases, in accordance with applicable regulations. This annulment has an impact on the protection of legitimate inheritance rights, avoiding abuse or manipulation in the transfer of property rights.
Copyright (c) 2025 SARI RAIHANA Abdul Salam https://creativecommons.org/licenses/by-sa/4.0
The Development of Islamic Studies in the Early Islamic World in the Context of Legal Culture
This paper examines the values of the development of Islam during the early prophethood of the Prophet Muhammad by looking at it from the context of legal culture in the field of science that systematically studies various aspects of Islam ranging from the development of Islamic studies in the early days to the change of Islamic studies from Mosques to Madrasahs, this study aims to understand the meaning of the Islamic world, Islamic society, the development of Islamic studies in the early days, and the transition of Islamic studies. The research method in this article is through literature search by looking for relevant sources through journals / newspapers / websites. The results of research on the development of Islamic studies in the early days focused on monotheism, theory, and practice of the Qur'an and Hadith on worship and morals, reading, writing and arithmetic for the basic level, the content of the Qur'an, and the basics of religion for the advanced level. However, the development of Islamic studies initially in the Mosque at this time occurred because the legal culture of Indonesian society is very thick where madrasah is very identical to its position adjacent to the Mosque, Surau, or Musholla. This is intended as an effort to develop Islamic educational institutions, to respond to the high needs of the community to learn Islamic education, as well as to facilitate students with the presence of a mosque as a center of worship that is centrally positioned in 1 (one) complex.
Copyright (c) 2025 Cinta Refalina Zalianti, Prity Aura Nadine, Wiwie Sapitri, Surya Sukti https://creativecommons.org/licenses/by-sa/4.0
The Application of Sharia Economic Law Based on the Decision of the Palangka Raya Court Religious Number 217/PDT.G/2024/PA.PLK to the Legal Culture of Central Kalimantan
Write down here your paper’s abstract in one paragraph, Sylfaen font size 12 with single spacing, no more than 250 words. The abstract is not an “introduction”, or the conclusion of the discussion. The abstract should be typed as concise as possible and should be composed of: problem statement, method, scientific finding results, and short conclusion. Other important matters discussed in the paper that significantly contribute to the final result of the research may be noted here, but you have to consider, however, the limited space of the abstract. The results of the research on the rejection of administratively incomplete lawsuits also underline the importance of sharia economic law literacy, both among the public and legal actors. This decision illustrates that the principles of sharia law, such as the prohibition of gharar and the application of maqashid sharia, especially hifz al-mal, can go hand in hand with the rules of positive law, thus creating justice and legal certainty for the litigants. This is in accordance with the legal culture of Huma Betang in accordance with sharia economic law such as the prohibition of gharar and the application of maqashid sharia, especially hifz al-mal, as well as Huma Betang which upholds equality and equality in making a decision, in order to uphold the philosophical values of the wisdom of the Dayak indigenous people of Central Kalimantan.
Copyright (c) 2025 Almadani, Silma Nafiatur Rahmah, Sabarudin Ahmad https://creativecommons.org/licenses/by-sa/4.0
The Development of Islamic Legal Studies in the Islamic World in the Modern Period
This research examines the development of Islamic legal studies in modern times, where Islamic studies have deep roots, with a history and development that reflects social, political, and intellectual dynamics in both the Islamic world and the West. Seeing from these problems, the development of Islamic legal studies is not only seen from the modern period, but also must be seen from the past. The research method is a normative method with a critical discourse analysis approach. The results of research on Islamic studies have developed significantly since the seventh century, reflecting the interaction between the Islamic world and Western intellectual traditions. In the Islamic world, science began with the writing of the Qur'an and hadith, developed through Islamic boarding schools and madrasas, and produced important works in the fields of theology, law, and philosophy. Western interest in Islam grew in the Middle Ages, especially through the translation of works by Islamic scholars that enriched European thought. In the 19th and 20th centuries, Islamic studies became a formal academic discipline, often influenced by critical Orientalist perspectives. Today, Islamic studies is interdisciplinary and focuses on contemporary issues such as human rights, gender, and modern relations with Islam. The interaction between the Islamic world and the West continues to deepen our understanding of Islam, making it a dynamic and relevant field in a global context.
Copyright (c) 2025 Mastawiyah https://creativecommons.org/licenses/by-sa/4.0
Muqaran Method: The Concept of Quranic Interpretation in Islamic Legal Discourse
This research focuses on the source of Islamic teachings, which is based on the Qur'an and sunah (hadith) as the foundation pillar where the Qur'an is the holy book of Muslims and the sunah is all the actions of the prophet and the hadith are all the words of the prophet that are narrated. Interpretation techniques on the Qur'an must be seen in terms of the muqaran method in the study of the history of Islamic law. The research method used is normative method with descriptive analysis approach. The results of research on historical studies of the muqaran method in the interpretation of the Qur'an include the 16th, 17th centuries to the current civilization. With different periods and scholars who interpret from century to century with various models of interpretation carried out by scholars such as character research models, thematic research models, ancient manuscript research models (philology), living Qur'an research models and comparative research models and criticism given to literalistic interpretations in order to know the direct meaning of the verses of the Qur'an.
Copyright (c) 2025 Muhammad Fardhannajmi Aji, Dea Putri Ananda, Eliyani, Lutfia Eka Ramadhani https://creativecommons.org/licenses/by-sa/4.0
Khulu' Divorce Between Maslahat and Mudharat: A Study on the Sambas Community of the Indonesia-Malaysia Border of West Kalimantan
This study discusses the khulu' divorce in sambas between maslahat and mudharat: a study on the Indonesia-Malaysia border community of West Kalimantan. This research was studied based on maslahat and mudaharat. According to qaul jadid, the school of Imam Shafi'i Khulu is also called talaq ba'in shughra where the husband is not allowed to reconcile with his wife during the period of iddah and the husband needs a new marriage contract to return to the wife who has mentalized with khulu'. In order for this research to be directed and systematic, the subject matter is developed in the research question, namely: What are the aspects of benefit and musty mudharat khulu' wives to husbands perspective in Sambas? This type of qualitative research is field research with an Islamic legal approach. The informant in this study is the Malay Sambas community who are divorce perpetrators. Based on the results of the research obtained, the cause of khulu' between maslahat and mudhrat in Sambas based on data obtained from the Sambas Malay community is known that the average age of divorce plaintiffs is more dominant at the age of 26 to age 35 and age 25 and below which is a percentage of 50% and 30%. Based on these data, the divorce rate that occurred in the Class 1B Religious Court of Sambas Regency was dominated by cases of wives filing lawsuits against their mothers. 60-80% of divorce cases that occur from khulu', the wife bandaging files a lawsuit among others (1) economic problems of the household so that the wife is not fulfilled her rights, continuous alterations and quarrels so that the wife cannot stand the situation and the husband leaves his wife and children for no reason so that there is no news so that the wife feels unnoticed. (2) There is a shift in times or lifestyles where the values of marital justice are no longer applied in marriage such as ignoring religious rules, knowing the law but not obeying the law only as a formality so that it is easy to divorce, (3) involvement of the Legal Aid Institute (LBH) and the Legal Aid Post (POSBAKUM) in the divorce process of married couples for divorce.
khulu', maṣlahat, mudharat, batas, and Indonesia-Malaysia.
Copyright (c) 2024 Asman, Mohammad Aamer https://creativecommons.org/licenses/by-sa/4.0
Interreligious Inheritance: Exploring The Fatwa of The Indonesian Scholar Number 5/MUNAS VII/MUI/9/2005 on Interreligious Inheritence
Religious differences become a barrier to inheritance. Islam stipulates that Muslims only inherit from Muslims. The Indonesian Council of Ulama, which accommodates Islamic scholars, zu'ama, and intellectuals in Indonesia to guide, foster, and protect Muslims throughout Indonesia, on 21 Jumadil Akhir 1426 H/ 28 July 2005 M issued a fatwa regarding interfaith inheritance. The research method uses a normative method and a critical discourse analysis approach proposed by Norman Fairclough regarding the Dialectical Relational Approach (DRA). The results of the study stated that the MUI fatwa is in line with the opinions that explain that Muslims do not inherit non-muslims. However, the fatwa still allows non-muslims to get a share of the inheritance, namely through grants, wills or gifts. The Indonesian Council of Ulama Fatwa Number: 5/MUNASVII/MUI/9/2005 concerning Interfaith Inheritance is one of the progressive products of Islamic law. The Indonesian Council of Ulama always responds quickly to all legal problems in society, including interfaith inheritance.
Different religion, the Indonesian Council of Ulama, and inheritance.
Copyright (c) 2024 Indah Rahmahdaniyati, Lisnawati https://creativecommons.org/licenses/by-sa/4.0
Iddah Belief Demands that are not Under The Husband's Capability in Palangka Raya City
This research was motivated by a case that the researcher found in the wife’s application for idah maintenance, she did not ask for the amount of idah maintenance voluntarily but rather requested idah maintenance which burdened the husband. Therefore, this study focuses on why wives demand an income not by their husband’s abilities in Palangka Raya and how the husband’s attitude responds to the wife’s demands for an income that does not follow his abilities in Palangka Raya. The qualitative method used in this research uses empirical legal research with a sociological juridical type, with a socio- legal approach. The research results show: 1. The exwife demands a living that is not following the ex-husband’s capabilities in Palangka Raya,according to the theory of responsibility. The ex-husband has fulfilled his obligations. Benefits occur from providing idah maintenance according to the ex-husband’s capabilities as stipulated in the decision. 2. Ex-husbands in Palangka Raya respond to their wives’ demands regarding income with honesty and openness. The ex-husband showed a social attitude by promising to pay part of idah’s maintenance, although not in full. This attitude is important to maintain good relations and avoid bab prejudice in the future between husband and wife who have divorced.
Copyright (c) 2024 Mir'ah: Family Law and Legal Culture https://creativecommons.org/licenses/by-sa/4.0
Comparative Analysis of Determination Palangka Raya Religious Court and Kasongan Religious Court Regarding Polygamy Marriage Isbat
This research is motivated by the existence of different determinations in the case of Isbat Nikah Polygamy between the Palangka Raya Religious Court and the Kasongan Religious Court. The Palangka Raya Religious Court granted Isbat Nikah while the Kasongan Religious Court refused. The focus of this research is to find out the differences in legal considerations in the determination of the Palangka Raya Religious Court and the Kasongan Religious Court in the application for Isbat Nikah Polygamy and what is the correct determination between the two Religious Courts in allowing or prohibiting the occurrence of Isbat Nikah Polygamy. This research is a type of normative research that examines the legal considerations of the Palangka Raya Religious Court and the Kasongan Religious Court through a statutory approach. The results of this study indicate that there are differences in legal considerations. The Palangka Raya City Religious Court granted the reason that the Applicant was not in accordance with SEMA No. 3/2018 concerning the application for Isbat nikah Polygamy on the basis of nikah siri, which was deemed inappropriate on the grounds of overriding the principle of lex superior derogat legi inferior which prioritizes the Compilation of Islamic Law over the Marriage Law which has a higher position. As for the legal considerations of the Kasongan Religious Court which stated that it refused on the grounds that Applicant I was still bound by marriage, there was no divorce and did not obtain permission for polygamy from the court in accordance with the principle of lex superior derogat legi inferior.
Copyright (c) 2024 Mir'ah: Family Law and Legal Culture
Effectiveness of Summons and Notifications Via Registered Letter in The Kuala Kapuas Religious Court
This Study motivated by existing calls and notifications the judge through letter recorded failure​ until to address party who has registered trial at the Religious Court via system e-court. Focus study How are this mechanism delivery calls and notifications through letters recorded at the Kuala Kapuas Religious Court and the obstacles faced Kuala Kapuas Religious Court in applying calls and notifications through letters recorded. The method used​ in the study This use type of study law empirical with an approach to social-legal research. Research data was collected with method observation, interviews, and documentation, and analyzed using Legal Certainty, Legal Change, and Legal Effectiveness theory. Research results show that: First, Mechanism delivery calls and notifications through letter registered at the Kuala Kapuas Religious Court is the bailiff calls the plaintiff through e-mail and the defendant through a letter recorded. Registered letter This be delivered through the post office. Obstacles encountered​ Kuala Kapuas Religious Court in applying calls and notifications through letters recorded in a way general is when the distance traveled is very long, and the costs To reach it No under cost incurred​ by party litigants, and letters recorded often slow until so that make delay quite a long trial.
Effectiveness, Summons of Parties, Registered Letter.
Mandailing Customary Dowry Determination Practices in Padang Lawas District in Perspective of 'Urf Theory
Dowry is a mandatory gift by a man to a woman who wants to get married. this study aims to determine the practice of determining dowries in traditional marriages in Padang Lawas Regency, north Sumatra, the impact of dowry practices on marriage, and how the views of scholars and community leaders related to the practice of determining dowries carried out by mandailing customs in Padang Lawas Regency, north Sumatra and if reviewed from the perspective of 'urf. the type of research used is qualitative research with an empirical approach using primary data and secondary data. The results of this study indicate that the tradition of the practice of determining dowry in Padang Lawas regency is still firmly held and inherited by the community as one of the marriage processions that must be obeyed. then the impact of the practice of determining the tuor if it does not get an agreement between the two sides of the family, the marriage is delayed, the marriage is canceled or can elope. furthermore, the practice of determining the dowry in mandailing traditional marriage in Padang Lawas from the perspective of 'urf, cannot be generalized into the category of 'urf shahih or 'urf fasid, but must be reviewed from each process. When viewed from the perspective of 'urf, the tradition of tuor (dowry) practice in padang lawas generally falls into the category of 'urf shahih, because there is no shara' argument that is violated. However, there are provisions of the tuor tradition that are different from the provisions of Islamic law, namely the delivery of the dowry, the dowry of the wife who was divorced before dukhul, and the fine of the dowry.
Involvement of Imam in The Legality of Unregistered Marriages in The Bajo Tribe Society Kepulauan Riau
The practice of unregistered marriages is still common, one of which is performed by the Bajo tribe in Kepulauan Riau. However, there is something that attracts attention when the participation of an imam is used as a label to validate the marriage. This research uses qualitative descriptive research. The data obtained included primary and secondary data obtained by going directly to the field for interviews. The results of this research show that there is a unique way to perform the practice of unregistered marriage performed by the Bajo tribe in Kepulauan Riau so that it is considered legal, namely by visiting the house of one of the Imams who has been appointed outside the area as the person performing the marriage, although they do not know the name and its origin. For the Bajo society in Kepulauan Riau, a marriage cannot take place without an imam. Therefore, this marriage has no legal protection for children and wives. Although the traditions of a society must be maintained, in terms of the legality of marriage, it is non-negotiable, but every marriage must still be registered. In Islam, the concept of marriage registration is a form of renewal in the field of Islamic family law.
Consolidation of The Issue of Maslahah Mursalah Regarding Peusijuek Towards Marriage Culture of Aceh Society
Aceh is an area full of culture and local wisdom. One tradition that is still preserved and practiced is Peusijuek. The Peusijuek procession naturally becomes a culture that must be preserved because it contains very philosophical religious values. Peusijuek is a culture that has become part of Islam. This is seen from the three elements of Peusijuek, namely the perpetrator of Peusijuek, the moment, and the prayer that is read. One of Peusijuek's moments is at a wedding. The aim of this research is to critically examine Peusijuek using the mashlahah murlah method. Where mashlahah murlah is a method of establishing law that is very effective in providing solutions. This research is a literature review, where the data sources are obtained from various books, scientific articles, journals, and so on. The author uses a qualitative approach that is descriptive and leads to analysis. The results of this research show that the peusijuek procession in Acehnese society is not only considered a tradition, but is also considered part of religious rituals and a form of women's involvement in traditions in the realm of tradition. This is seen from the strong religious philosophical values ​​in the peusijuek procession. The concept of maslahah murrasa refers to the principle that Islam aims for the benefit of the people, and makes society's life better and more harmonious.
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