Post-Divorce Child’s Nafaqah Māḍiyah: An Analysis of the Shifting from Fulfilment to the Assertion of Ownership Rights

The claim for child’s nafaqah māḍiyah (past income) is often overlooked in the rulings of the Religious Court. This research aims to propose a shifting from the concept of li al-intifā’ (benefit) to li al-tamlīk (ownership) regarding child’s living costs claims in the Religious Court, employing the istihsān (juristic preference) approach. The objective is to ensure a more equitable judgment for the child. This study was conducted as a literature review using a normative juridical approach. The research findings reveal that the legal standpoint, which rejects any claim for child’s nafaqah māḍiyah in the Religious Court based on the argument that child’s living costs is categorized as li al-intifā’, contradicts Islamic legal principles regarding child’s living costs and fails to fulfill the principles of justice, as well as being incongruent with several other legislative provisions related to child protection. Therefore, this article proposes a shifting from the concept of li al-intifā’ to li al-tamlīk in determining child’s nafaqah māḍiyah in the Religious Court

'Urf of Cyberspace: Solutions to the Problems of Islamic Law in the Digital Age

Human interaction with information and communication technologies has created a new culture in the digital age. It impacts new legal issues that demand solutions based on Islamic law. A theory incorporating culture in law construction is termed ‘urf’ in uṣūl al-fiqh. The purpose of this article is to investigate the role of ‘urf in the establishment of law for cyberspace problems. As a data source, this article employs a virtual ethnographic method with cyberculture products. The application of ‘urf in adapting culture in cyberspace is studied using Jasser Auda’s maqāṣid al-sharī'ah theory. This study discovered that culture in cyberspace is generated by netizens’ externalization, objectivation, and internalization processes. The ‘urf that applies in cyberspace is included in the ‘urf khaṣṣ. Meanwhile, the stated legislation must allude to the realization of human advantage, which means that the six aspects of Jasser Auda’s system must be considered when negotiating between revelation, fiqh, and ‘urf in cyberspace. Thus, the ‘urf of cyberspace can be employed as a legal element in digital-era situations

Childfree in Islamic Law Perspective of Nahdlatul Ulama

Childfree is a social phenomenon that is becoming an interesting discussion today. It deserves the attention of Islamic law. Nahdlatul Ulama (NU), through the NU Bahtsul Masail Institute (LBM-NU), has issued four fatwas synonymous with the childfree phenomenon. This article aims to analyze the childfree phenomenon from the perspective of the istinbāṭ al-aḥkām method used by NU and its relevance to the four fatwas. This article is qualitative research using a normative Islamic law approach, which examines NU’s legal decisions regarding the denial of childbirth. These decisions are then analyzed to determine the meaning and method of istinbāṭ used. This article finds two things. First, the istinbāṭ al-aḥkām method used by LBM-NU is the qawlī intiqādī method. Second, from the aspect of its application, childfree can be equated in law with decisions that have been determined by LBMNU regarding child refusal, as long as the method adopted is legal. However, from the aspect of substance, where childfree is used as a principle and lifestyle, it requires a new fatwā decision, especially with the manhajī approach

Al-Khurūj ‘alā al-Ḥākim fī al-Fiqh al-Siyāsī al-Islāmī: Dirāsah ‘alā Ma’nā al-Thawrah

The Arab Spring emerged due to a political crisis in most Arab countries that wanted a change from dictatorial regimes to democratic systems in their countries. One of the most prominent issues that caused controversy during the revolution was the issue of al-khurūj 'alā al-ḥākim. This article aims to analyze the meaning of revolution from an Islamic political perspective by discussing the concept of al-khurūj 'alā al-ḥākim, especially towards the three terms: al-bāghī, al-khawārij and al-ḥirābah. This article clarifies the relationship between these three terms with the phenomenon of revolution in the contemporary Islamic world. This article uses a jurisprudential approach with an inductive method by extrapolating jurisprudential sources and references related to the research subject. This article concludes that the notion of revolution is not the same as the concept of al-khurūj 'alā al-ḥākim in Islamic jurisprudence. The reason is that revolution aims to change the political, social and economic reality. In contrast, khurūj is a form of resistance to the leader and does not carry out all the rights demanded of the ruler. In the present context, the redefinition of the concept of al-khurūj 'alā al-ḥākim in Islamic jurisprudence is necessary to suit the modern era

Digitalization of Islamic Finance: Epistemological Study of the National Sharia Board-Indonesian Council of Ulama’s Fatwa

The dynamic and rapid development of digital business and finance requires progressive Sharia legal certainty. National Sharia Board-Indonesian Council of Ulama (Dewan Syariah Nasional – Majelis Ulama Indonesia/DSN-MUI) has issued several fatwas related to digital finance. This research aims to examine the portrait of DSN-MUI’s progressiveness towards the digital finance paradigm and aspects of Islamic legal epistemology in the DSN-MUI Fatwa with the theme of digital finance. This research uses a qualitative approach. The primary data for this research are the DSN-MUI fatwas up to 2021 with a digital theme, plus secondary data in the form of relevant literature. Data analysis uses content analysis techniques. The findings are that there are three DSN-MUI fatwas regarding digital finance in Sharia financial institutions, namely Fatwa No. 116/DSN-MUI/IX/2017, No. 117/DSN-MUI/II/2018, and No. 140/DSN-MUI/VIII/2021. These three fatwas constitute progressive Islamic business law and are important for the Sharia financial industry in Indonesia. DSN-MUI used the ta’līlī and istiṣlāḥi methods with the consideration that electronic money, digital-based financing, and crowdfunding are permissible (mubah) based on sharia principles to achieve benefit. These three DSN-MUI fatwas need to be transformed into OJK regulations and can become a source for making derivative fatwas

Ṭāhā ‘Abd al-Raḥmān’s Philosophical Contribution to Theorize Ethical Maqāṣid

The ethical values of maqāṣid have been buried by the ḥarfiyyah-linguistic approach (ta’līlī-bayānī). The ethical paradigm of maqāṣid must be constructed to balance the ta’līlī-bayānī approach. This paper examines the philosophy of Ṭāhā ‘Abd al-Raḥmān in theorizing ethical maqāṣid. This paper focuses on two aspects. First, how does ‘Abd al-Raḥmān theorize the ethical maqāṣid? Second, how does ‘Abd al-Raḥmān conceptualize the relationship between Islamic law and ethics? This article is a literary research referring to some important books of ‘Abd al-Raḥmān. Using a moral philosophy approach, the writer concludes: first, ‘Abd al-Raḥmān’s ethical theorization of maqāṣid is a synthesis between ethics and uṣūl al-fiqh. This synthesis outlines the new pillars of maqāṣid. ‘Abd al-Raḥmān theoretically shifted legal reasoning from al-ta’līl al-sababī (attribute causality) to al-ta’līl al-ghā'i (maṣlaḥah causality). According to him, the only rationalization of Islamic law is maṣlaḥah, that is khuluq (ethics). Based on that premise, ‘Abd al-Raḥmān asserts that moderation is the accommodation of legal and ethical aspects of Islamic law. This paper recommends the importance of a moral philosophy approach to Islamic law. This approach is an effort to ground the maqāṣid in many legal cases loaded with morality

Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya

This paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and quantity standards and their legal paradigm towards the idea of wage-based dowry. This study shows two important things. First, most of them disagree with wage-based dowry in the context of quantity. On the other hand, in the context of quality, they agree that dowry should be of productive value. At this point, they display a unique position because productivity is interpreted dually, wage-based standards and not. Second, they respond to this issue using four paradigms: sociological, normative, anthropological, and juridical. Sociological and juridical paradigms create the value of reciprocal protection, male and female. The normative paradigm establishes the importance of patriarchal protection. While the anthropological paradigm is more binding on the preservation of tradition. Here, it can be seen that the paradigm influence of protection on women in the context of wage-based dowry standards is quite strong, although sometimes women are trapped in a patriarchal paradigm

Guardianship Supervisory in Indonesia: A Comparative Analyzes of Baitul Mal Aceh and the Heirloom Board

Guardianship supervisory has been a dilemma in the Indonesian legal system. The article assesses the practice of guardianship supervisory in Indonesia by comparing two prominent institutions, Baitul Mal Aceh (BMA) and the Heirloom Board (Balai Harta Peninggalan or BHP). The article focuses on understanding these organizations’ roles and responsibilities in preserving and managing guardianship supervisory. The article uses normative juridicial method to examine how Baitul Mal Aceh and BHP become guardian supervisors and their differences and similarities by reading norms, laws, journals, and the like. The article found that Baitul Mal Aceh has been unable to carry out its duties because of a lack of operational regulation (i.e., Governor’s Regulation) of Qanun Baitul Mal, while BHP only focuses on non-Muslim related issues. These two institutions work independently and cannot support each other. Dualism and lack of implementing regulations in guardianship institutions in Indonesia have posed a dilemma for ensuring proper guardianship over the personal and property of children who are not yet mature or not married under court decisions. The article sheds light on the limitations and complexity of guardianship and its surrounding issues in both institutions

Uṣūl al-Fiqh Literacy for the Local Community: A Study on Shaykh Mukhtar Ambai’s Manuscript

Ancient manuscripts with uṣūl al-fiqh themes remain rare amidst the increasing efforts to inventory, categorize, and digitize old manuscripts in present-day Indonesia. Nevertheless, literacy initiatives related to uṣūl al-fiqh can still be identified within manuscripts exploring different subjects. This study aims to elucidate how a non-uṣūl al-fiqh-themed manuscript can encompass uṣūl al-fiqh insights intended for a local community. Employing a documentary approach, it relies on primary data from Risālah Marḍiyah by Shaykh Mukhtar Ambai Kerinci. Subsequently, content analysis utilizing a qualitative model captures messages, meanings, linguistic styles, and symbolic interactions. The study reveals that uṣūl al-fiqh’s topics in the manuscript are conveyed using five methods: illustration and exemplification, the statement-argument-example pattern, comparison, argumentative conjunction, if-then pattern, and citation models. The argument posits that scholarly uṣūl al-fiqh literacy efforts in the past need not be solely assessed by the quantity of ancient uṣūl al-fiqh-themed manuscripts; instead, they can be discerned in other manuscripts employing more operationally creative, contextual, and easily comprehensible delivery methods, serving a broader audience

Tanmiyah Waqf al-Manāfi min Ajl al-Istiqlāliyah fī Majāli al-Iqtiṣād: Dirāsah fī Ma’had Tazakkā al-‘Aṣrī

The excellent potential of benefit waqf has not been fully realized since nāẓir or the community failed to develop a strategy and did not innovate enough on the advantages of waqf and its administration. One of the successful principals in administering benefits waqf is the Tazakka Modern Boarding School with its innovation and programs on endowment benefits. This study intends to identify the benefit waqf development approach for Tazakka Modern Boarding School for economic independence. With a descriptive strategy, this study employs a qualitative methodology. The results of this study demonstrate that the development of benefit waqf in Tazakka is advantageous for economic independence with three distinct benefit waqf categories. So, for future researchers to be able to discuss professional nāẓir with good management and strategy, to maximize the potential and role of beneficial waqf in improving the economy and people's welfare