JOURNAL INFORMATION Journal title Journal of Sharia and Legal Science Initials JSLS ISSN Online e-ISSN Portal / e-ISSN Perpusnas / Number e-ISSN: 2987-601X ISSN Print p-ISSN Portal / p-ISSN Perpusnas / Number p-ISSN: 2988-7119 Frequency 3 issues per year (April, August, December) DOI 10.61994/jsls Publisher Collaboration between CV. Doki Course and Training (Publisher Legality) with Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia (Document MoU), and Universitas Islam Ogan Komering Ilir (Document MoU) Subject Areas Sharia and Law Citation Analysis Google Scholar | Dimensions | Garuda | Crossref Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family law, Islamic economic law, business law, civil law, Islamic constitutional law, constitutional law, international law, environmental law, agrarian law, law state administration, customary law, human rights. It is published three times a year, in April, August and December. There are two version of publication; print out (p) with ISSN and electronic (e) with ISSN Online.
Etika Qur’ani dan Fiqh al-Bi’ah sebagai Landasan Kebijakan Ekologis: Pendekatan Normatif untuk Memperkuat Kesadaran Masyarakat Mandailing Natal
This study examines the normative foundations of the Qur’an, fiqh al-bi’ah, and maqasid al-shari’ah as a basis for preventing destructive practices in Mandailing Natal (Madina) and evaluating the integration of Islamic norms with technical policies and remedial actions. This study uses a normative research method with a hermeneutic and fiqhiyyah approach, through reading the Qur’an and tafsir, as well as analyzing the principles of fiqh al-bi’ah and maqasid al-shari'ah. Data sources include scientific literature, regulations, MUI fatwas, field reports, and media archives, which are analyzed qualitatively-descriptively and triangulated with empirical evidence. The results show that Qur’anic and fiqhiyyah textual arguments affirm the normative obligation to maintain mizan and prevent fasad. Empirical findings confirm mercury pollution from Artisanal and Small-Scale Gold Mining (ASGM), coastal ecosystem degradation due to destructive fishing practices, and river waste accumulation that exacerbates health and livelihood vulnerabilities. This study also identifies gaps in the implementation of national policies at the local level, limited access to mercury-free technology, and weak regional operational regulations, which delay the internalization of ecological awareness. Based on these results, the study recommends strengthening policies based on maqasid al-shari’ah through district fatwa interventions and contextual regional regulations, thematic da'wah for behavioral change, adoption of mercury-free technology substitutes, and sharia financing mechanisms to support remediation and mitigation. This study is limited to normative and textual analysis without field testing, so further empirical research is recommended to assess the effectiveness of implementing Sharia-based ecological policies in Madina.
Copyright (c) 2026 Zul Fahmi, Affan Muhammad Hasibuan, Pebriyanti Pebriyanti, Rosdewi Pulungan, Asrofi Asrofi, Hamza Naziru Zakari https://creativecommons.org/licenses/by-nc/4.0
Metacrime and Online Deviance: Law Enforcement Complexities in the Metaverse Era
Law enforcement in the metaverse era has placed authorities and policymakers in increasingly complex challenges of prevention and enforcement. While existing studies offer valuable insights, they remain limited in addressing the emerging dynamics of crime within conventional digital environments. In addition to addressing the limitations of existing studies, this research aims to explain the characteristics of online crime and deviant behavior in the Metaverse and their implications for law enforcement practices. This study adopts a qualitative descriptive approach grounded in multimodal ethnography to elucidate the patterns, operational modalities, and forms of impact that emerge within immersive environments. The key findings indicate that crime in the Metaverse not only transcends the characteristics of conventional violations but also generates more complex forms of symbolic, psychological, and virtual economic harm. Anonymity, cross-jurisdictional interactions, and avatar-mediated engagement further complicate the attribution of legal responsibility. In other words, the transformation of digital spaces necessitates more responsive regulatory adaptation to ensure effective legal protection. The significance of this study lies in its contribution as a conceptual foundation for the development of policies and law enforcement strategies in the metaverse era.
Copyright (c) 2026 Henky Fernando, Yuniar Galuh Larasati https://creativecommons.org/licenses/by-nc/4.0
Disparitas Hakim Dalam Menentukan Cacat Formil Error In Persona Pada Perkara Ekonomi Syariah: Studi Komparatif Putusan Pengadilan
The purpose of this study is to determine the legal basis of judges’ considerations in identifying formal defects of error in persona in Islamic economic disputes, as reflected in Decision Number 393/Pdt.G/2023/MS.Bna and Decision Number 2275/Pdt.G/2023/PA.Plg, as well as to analyze the factors contributing to judicial disparities in determining such defects based on these two decisions. This research employs a normative/dogmatic legal method using the statute approach, conceptual approach, and case approach, aimed at examining statutory regulations, Civil Procedure Law, and relevant legal literature. The findings indicate that in examining and determining the formal defect of error in persona, particularly in the form of a misdirected or improperly addressed claim in an Islamic economic case, the panel of judges in Decision Number 393/Pdt.G/2023/MS.Bna upheld the defendant’s error in persona exception, resulting in the plaintiff’s claim being declared inadmissible. Furthermore, the factors contributing to judicial disparities in determining the error in persona exception, based on the two decisions, include the substance of the defendant’s exception and whether it is substantiated and legally grounded, the judges’ interpretative discretion, and differences in the legal bases applied by the judges
Copyright (c) 2026 Fatia Hanifa, Qodariah Barkah https://creativecommons.org/licenses/by-nc/4.0
Jasa Promosi Video agar FYP di Aplikasi Tiktok dalam Kajian Hukum Ekonomi Syariah
Social media is a digital platform that allows users to interact, share information, and engage in various activities, including digital-based economic activities. One rapidly growing platform is TikTok, which serves not only as an entertainment medium but also as a means of promotion and marketing through its For You Page (FYP) feature. This study aims to analyze the video promotion service system on the TikTok application and review this practice from the perspective of Islamic economic law. The research method used is a normative juridical approach with a qualitative approach, namely through a literature study of various legal sources and relevant literature. The results show that video promotion services on TikTok are a form of service aimed at increasing the reach and visibility of content through the platform's algorithmic mechanism. This practice involves a contractual relationship between the service provider and the service user who conduct transactions based on a specific agreement. From the perspective of Islamic economic law, the practice of video promotion services to achieve FYP can be categorized as an ijarah contract, namely an agreement to utilize services for a certain fee. As long as it meets the pillars and requirements of the contract, such as the existence of an agreement, clarity of the service object, and does not contain prohibited elements, this practice is considered compliant with Islamic principles. This research contributes to understanding how digital economic practices, particularly in social media, can be analyzed and integrated within the framework of Islamic economic law.
Copyright (c) 2026 M Kemas Setiawan, Yuswalina Yuswalina, Dodi Irawan https://creativecommons.org/licenses/by-nc/4.0
Fiqih Al-Aqalliyyat dalam Perspektif Wasathiyyah: Analisis Pemikiran Abdullah bin Bayyah
This study aims to analyze in depth the concept of fiqh al-aqalliyyat from the perspective of wasathiyyah based on the thought of Abdullah bin Bayyah, as well as explain the contribution of this concept to the development of minority Muslim fiqh today. The focus of the research is on the methodological aspect in the formation of Islamic law for minority Muslim communities who often face conflicts between the normative provisions of sharia and modern social conditions. This study uses a qualitative approach with normative and conceptual analysis methods of the main work of Abdullah bin Bayyah as a primary data source, supported by various jurisprudence literature and contemporary Islamic thought. The findings of the study show that there is a pattern of legal thinking that emphasizes maqāṣid al-syarī'ah, the principle of maslahat, and the value of moderation (wasathiyyah) as the main framework in Fiqh al-Aqalliyyat. The conclusion of the study underlines that the added value of this study lies in the systematic elaboration of the relationship between wasathiyyah and Fiqh al-Aqalliyyat, which has not been explicitly explained in previous research.
Copyright (c) 2025 Lola Yuanda Arlinza, Moh Khusen, Saskia Afridah, Suke Indah Khumaero https://creativecommons.org/licenses/by-nc/4.0
Penetapan Wasiat Wajibah untuk Saudara Non Muslim dalam Kajian Maslahat
This study examines the Banten High Religious Court Decision Number 0092/Pdt.G/2017/PTA.Btn. with the concept of maslahat which highlights interfaith inheritance disputes between Muslim and non-Muslim heirs. The focus of the study is the construction of judges' considerations in the distribution of inheritance assets, including the proportion of distribution, the basis of ijtihad used, and the legal implications for the protection of heirs' rights. This study is a qualitative study with a normative legal approach, which emphasizes the analysis of laws and regulations, court decisions, and related legal documents. The results show that judges continue to prioritize the rights of Muslim heirs according to Article 171 letter (c) of the Compilation of Islamic Law, while applying mandatory bequest for non-Muslim siblings to maintain a balance of justice and family harmony. The use of legal analogy (qiyas) in determining the rights of non-Muslims reflects the flexibility of Islamic law in adapting formal rules to real social conditions. In conclusion, this decision serves as an example of adaptive legal practice that combines compliance with formal law with the achievement of social welfare, justice, and stability, while also emphasizing the relevance of the concept of maslahah in resolving interfaith inheritance disputes.
Fatimah khosiyyah setyaningrum Setyaningrum
Copyright (c) 2025 Fatimah Khosiyyah Setyaningrum, Wan Hamidah Febry Waty, Deswita Putri Salsabilah, Habil, Tiara Ardita, Ahmad Fauzan https://creativecommons.org/licenses/by-nc/4.0
Kekerasan dalam Mendisiplinkan Anak: Telaah Batasan dan Celah dalam Pertanggungjawaban Pidana di Indonesia
In Indonesian positive law, the prohibition of all forms of child abuse is not only present as a legal norm, but also as a moral commitment of the state to guarantee the dignity and safety of children. However, the reality on the ground shows that violence against children still often occurs in closed domestic spaces. Some of these acts are justified on the grounds of discipline, as if the use of physical violence were a legitimate tool in the parenting process. This study aims to identify and understand the precise limits of physical violence that is justified as child discipline under Indonesian positive law and to determine whether there are legal loopholes that allow parental violence in the context of discipline to go unpunished. This study uses normative legal research, an approach that centres legal texts and norms. Indonesian positive law, in principle, prohibits all forms of violence against children. However, the regulations do not provide a clear limit on which disciplinary actions remain justifiable. In other words, the legal boundaries exist normatively, but are not explicitly and operationally articulated so that they can be easily applied in practice. When these provisions are applied in practice, it is clear that there are still significant ambiguities and legal loopholes, namely, the absence of a definition or limitation of discipline in positive law. The existence of room for subjective interpretation by officials and judges. Socio-cultural constructs that still legitimise corporal punishment. The linking of violent offences to the element of injury, so that 'minor' violence often goes unpunished. The absence of explicit norms prohibiting physical violence as a form of child discipline. The lack of consistent law enforcement guidelines and jurisprudence. It is this law that opens up the possibility of impunity, namely, the suboptimal criminal accountability of perpetrators of violence who hide behind the excuse of discipline.
Copyright (c) 2026 Febrina Hertika Rani, Samsul Samsul, Rd. Muhammad Ikhsan, Dea Justicia Ardha https://creativecommons.org/licenses/by-nc/4.0
Dampak Cyberbullying di Kalangan Mahasiswa dalam Perspektif Maqasid Syariah
This study aims to analyze the phenomenon of cyberbullying among university students and examine its impact from the perspective of maqāṣid al-syarī‘ah. The study used mixed methods with a quantitative approach through a survey of 100 students of the Faculty of Sharia and Law of UIN Raden Fatah Palembang, and a qualitative approach through normative analysis of Islamic literature. Data were analyzed using descriptive statistics and content analysis techniques. The results showed that 48% of respondents had been victims of cyberbullying, 80% had witnessed it, and 32% admitted to having been perpetrators. The most dominant forms were body shaming and flaming. The main contributing factors were environmental normalization, venting of personal problems, and motivation to gain power and attention. The impacts include mental health disorders, decreased academic performance, loss of self-confidence, social disruption, and psychological trauma. In the perspective of maqāṣid al-syarī‘ah, cyberbullying is proven to violate five main principles: ḥifẓ al-dīn through the degradation of moral values, ḥifẓ al-nafs through threats to mental health, ḥifẓ al-‘aql through intellectual dysfunction, ḥifẓ al-nasl through the damage to social relations and the quality of generations, and ḥifẓ al-māl through the potential loss of productivity and the economy. This research contributes to expanding the study of maqāṣid al-syarī‘ah into the context of contemporary digital ethics, and emphasizes that cyberbullying is a form of mafsadah that must be prevented through educational, normative, and social approaches based on Islamic values.
Copyright (c) 2026 Bela Meydarista, Eka Ramalia, Dila Septiani, Nengsih Ari Saputri, Andini salsabila, Sri Mulyani https://creativecommons.org/licenses/by-nc/4.0
Penetapan Batas Usia Perkawinan 19 Tahun Perspektif Prinsip-prinsip Perkawinan di Indonesia
The establishment of the minimum age for marriage at 19 years for men and women through Law Number 16 of 2019 is a state response to the high practice of child marriage, which impacts reproductive health, psychological health, and the fulfillment of human rights. Although this regulation has been enacted, its implementation still faces various challenges, particularly the high number of requests for marriage dispensations that open up opportunities for underage marriage. This study aims to analyze the legal basis for setting a minimum age for marriage at 19 years and examine its relevance to the principles of marriage applicable in Indonesian marriage law. This study uses a qualitative method with a normative juridical approach, through a review of laws and regulations, legal doctrine, and relevant scientific literature. Data analysis techniques are carried out using descriptive qualitative techniques by interpreting legal norms systematically and contextually. The results of the study indicate that the determination of the age of 19 years is in line with the principles of marriage, including the goal of forming a happy and lasting family, the principle of monogamy, the physical and mental readiness of prospective brides and grooms, the principle of making divorce difficult, and the equality of rights and status of husband and wife. However, the weak regulations regarding marriage dispensations have prevented the legal protection of this age limit from being optimally achieved. This study concludes that the 19-year-old age limit normatively reflects the principles of marriage law in Indonesia, but requires strengthening of dispensation regulations and consistent law enforcement to effectively achieve the goals of child protection and family resilience.
Copyright (c) 2025 Yola Septiana Anggraini, Natasya Sakila Agustriani, Sukma Fitri Triandari, Prengki Okta Saputra, Damar Antolin https://creativecommons.org/licenses/by-nc/4.0
Analisis Maqashid Al-Syariah Terhadap Tingginya Angka Perceraian di Indonesia
The high divorce rate in Indonesia is a multidimensional phenomenon influenced by economic factors, prolonged conflict, unpreparedness of partners, domestic violence, weak understanding of marital values, and social and cultural changes. This study uses a qualitative approach with a juridical-normative framework, analyzing these factors through the perspective of Maqashid al-Syariah. The results of the analysis indicate that these factors have the potential to threaten the achievement of the main goals of marriage, namely creating sakinah, mawaddah, and rahmah, as well as maintaining the five basic principles of sharia: religion (ḥifẓ al-dīn), soul (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), descendants (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Divorce prevention requires a comprehensive approach that includes premarital education, internalization of marital values, strengthening communication, conflict management, and protecting the rights of family members. Divorce should be used as the ultimum remedium when all preventive efforts have failed, so that the principles of Maqashid remain protected and the goals of marriage can be achieved optimally.
Copyright (c) 2025 Ananda Rizky Pratama, Nabil Hidayah, Amanda Septiani, Rince Anggraini, Siti Aliya Sabrinah, Suci Andini https://creativecommons.org/licenses/by-nc/4.0
Penerapan Prinsip Ta‘zir terhadap Pelaku Tindak Pidana Ringan dalam Putusan Nomor 156/Pid.B/2020/PN.Pre
Minor crimes are simple violations of the law that still impact social order. This study aims to analyze the application of the ta'zir principle to perpetrators of minor crimes in Decision Number 156/Pid.B/2020/PN.Pre and examine its relevance to Islamic values ​​of justice. The research method used is qualitative with a normative juridical approach, based on an analysis of court decisions, Islamic criminal law literature, and related legal sources. The results show that judges impose educational and proportional sentences, taking into account the perpetrator's social and economic conditions. This approach aligns with the ta'zir principle, which emphasizes moral development, public welfare, and substantive justice. Thus, the application of the ta'zir principle in this decision reflects the harmony between Islamic law and national law in upholding humanistic justice.
Copyright (c) 2025 Ben Albar, Johandi Fadli, Suci Lestari, Azzahra Salsabilla, Mytha Bianka, Susilawati Susilawati https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Anak Pasca Perceraian: Analisis Pembatasan Hak Bertemu Ayah dalam Perspektif Hukum Keluarga Islam
This study analyzes the restrictions on children's right to see fathers who misbehave from the perspective of Islamic family law. In the context of Islamic law, a child's right to receive affection and guidance from both parents is a fundamental right that must be protected. However, what if the father's behavior actually has a negative impact on the child's moral and psychological development? This is a qualitative study using a normative juridical approach. The results show that father involvement contributes significantly to the child's cognitive, emotional, and social development, but paternal misconduct can cause harm and psychological disorders. Islamic family law allows for proportional restrictions on the right to see children through court or supervisory mechanisms, to protect the child's welfare without completely eliminating the father's rights. This study emphasizes the principle of the best interest of the child as the primary guideline in decision-making regarding the right to see children.
Copyright (c) 2025 Lhupiana Dewi, Zahwa Dzakiyyah, Nurlita Nurlita, Chindona Kanariansa, Muhammad Imam Raihan, Ariel Febrian https://creativecommons.org/licenses/by-nc/4.0
Praktik Bimbingan Konseling dan Mediasi Keluarga di KUA Kecamatan Kemuning Kota Palembang
The family is the smallest social unit that plays a vital role in enhancing community resilience and well-being. In Islam, the ideal family is defined as one that is harmonious, loving, and compassionate. To support the formation of harmonious families, the Office of Religious Affairs (KUA) of Kemuning District, Palembang City, provides family counseling and mediation services oriented towards preventing and resolving domestic conflicts. This study uses a qualitative, descriptive-analytical approach with empirical juridical methods, utilizing in-depth interviews, observations, and documentation studies to understand family mediation practices, the role of mediators, and the factors supporting and inhibiting service success. The results show that counseling and mediation practices at the KUA are implemented systematically, integrating Islamic values ​​and marital law. These services provide a safe and persuasive dialogue space for couples to resolve conflicts, while simultaneously building awareness, responsibility, and commitment in their married lives. The effectiveness of these services is influenced by the couple's openness, the mediator's emotional and spiritual approach, and institutional policy support. Although not all conflicts are successfully resolved through this mechanism, the KUA still plays a strategic role as a preventive instrument in maintaining family resilience. This study emphasizes the importance of strengthening the capacity of mediators and cross-institutional synergy to increase the effectiveness of family counseling and mediation in realizing a harmonious, loving, and compassionate family.
Copyright (c) 2025 Nabila Nabila, Adelia Levira, Galuh Dwi Fajri, Kgs. M. Abu Yazid Al Bustomi, Karina Karina, Lady Diana Putri https://creativecommons.org/licenses/by-nc/4.0
Peran Ayah sebagai Orang Tua Tunggal dalam Pengasuhan Anak di Bawah Umur Pasca-Perceraian: Kajian Maqāṣid al-Syarī‘ah
The increasing divorce rate has significantly changed family structures, resulting in children being raised by single parents, including fathers as sole caregivers. This study aims to examine the parenting patterns of single fathers towards minors after divorce, using an analytical framework based on the Maqāṣid al-Sharī‘ah. This study adopted an empirical qualitative approach, using primary data obtained through interviews and observations, as well as secondary data obtained from relevant literature and official documents. The findings indicate that single fathers' parenting practices primarily focus on meeting the child's basic physical, emotional, and spiritual needs. These practices are further analyzed in relation to the five main objectives of Maqāṣid al-Sharī‘ah (al-ḍarūriyyāt al-khamsah), namely ḥifẓ al-dīn (protection of religion), ḥifẓ al-nafs (protection of life), ḥifẓ al-‘aql (protection of reason), ḥifẓ al-nasl (protection of offspring), and ḥifẓ al-māl (protection of property). This study shows that the parenting patterns adopted by single fathers implicitly contribute to the realization of child welfare (maṣlaḥah), thus reflecting the substantive objectives of Islamic law as outlined in the framework of Maqāṣid al-Sharī‘ah.
Copyright (c) 2025 Bela Meydarista, Eka Ramalia, Dilla Septiani, Nengsih Ari Saputri, Andini salsabila, Sri Mulyani https://creativecommons.org/licenses/by-nc/4.0
Implementasi Program Tribina dalam Meningkatkan Ketahanan Keluarga Perspektif Maslahah Mursalah
The progress of modern times has led to increasing complexity in family issues, both from internal and external factors. Family resilience is a crucial instrument to counteract various negative impacts that may weaken family functions. This study aims to analyze the role of the Tribina program in strengthening family resilience in the Kampung Keluarga Berkualitas (KB) Mawar, Kelurahan 1 Ilir, Palembang. The research method employed is qualitative with a field research approach. Primary data were obtained through interviews, while secondary data were collected from literature, journals, and relevant documents. The data were analyzed descriptively and qualitatively using a deductive approach. The findings reveal that family resilience is measured through eight indicators as stipulated in Article 7 paragraph (2) of Government Regulation No. 87 of 2014, covering religious, socio-cultural, affection, protection, reproductive, socialization and education, economic, and environmental development functions. The Tribina program has been proven to significantly contribute to strengthening these eight family functions and is aligned with the concept of al-Mashalih al-Khams (religion, life, intellect, lineage, and wealth). Thus, the Tribina program serves as a key strategy to enhance family resilience while reinforcing sustainable family development.
Copyright (c) 2025 Nyayu Rahmah Nurjannah, Zuraidah Zuraidah https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Terhadap Anak Sebagai Korban Dating Violence Ditinjau dalam Perspektif Hukum Pidana dan HAM
The phenomenon of dating violence has not received much attention from the public. This study aims to analyze the forms of dating violence that are categorized as human rights violations and to examine the criminal liability of perpetrators as well as protection for child victims. The research method used is normative juridical with descriptive analytical specifications using a qualitative analysis approach with legal interpretation. This research provides new insights by specifically examining dating violence and its relationship to human rights, as well as legal accountability and protection. The results of the study show that forms of dating violence against children are categorized as human rights violations. Although there are currently no specific regulations regarding dating violence, accountability and protection can be carried out through existing legal frameworks such as the Criminal Code, the Child Protection Law, and the TPKS Law. This study recommends the existence of specific regulations related to dating violence to strengthen the protection of children, not to legalize dating among children, but as a response to the existing practice of dating that has been prevalent in society.
Copyright (c) 2025 Fara Syahrani, Hania Arvalia https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Pidana Terhadap Penyalur Pekerja Migran Secara Ilegal Dalam Prespektif Hukum Pidana Islam
In Indonesia, limited employment opportunities drive many citizens to become Indonesian Migrant Workers (PMI), including through illegal channels. Illegal placement of PMI has the potential to violate human rights, is related to the crime of human trafficking, and is difficult to monitor because it is not officially registered. This study highlights the imposition of criminal sanctions on illegal PMI distributors and a review of Islamic criminal law against these perpetrators. The type of research used is empirical juridical with a qualitative approach. The results show that illegal PMI distributors can be subject to criminal sanctions under Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (TPPO), in the form of imprisonment of up to 10 years, a fine, or revocation of business licenses. From the perspective of Islamic criminal law, perpetrators can be subject to ta'zir punishment because their actions contain elements of gharar (unclear) and dzulm (injustice), which harm the victim economically, physically, and psychologically. Ta'zir penalties are flexible and can range from imprisonment, fines, revocation of business rights, to social sanctions, with an emphasis on moral rehabilitation through repentance and compensation for victims. These findings confirm that both national and Islamic law require firm action against illegal migrant worker distributors to protect migrant workers' rights, prevent exploitation, and deter perpetrators.
Copyright (c) 2025 Antoni Antoni, Gingin Anjar Pramuda https://creativecommons.org/licenses/by-nc/4.0
Analisis Penerapan Akad Ijarah pada Rumah Susun dalam Perspektif Hukum Ekonomi Syariah
The suitability of a building is determined not only by its physical condition, but also by the environment in which it stands. One example is the 26 Ilir Flats, which was initially touted as a modern area in Palembang City. However, the current condition is actually the opposite, where the flats have turned into a slum and are considered uninhabitable. However, these flats are still rented out. This study aims to determine the implementation of the ijarah contract in the 26 Ilir Flats in Palembang City and analyze it from the perspective of Islamic economic law in the context of uninhabitable houses. The research method used is qualitative with an empirical juridical approach. Data were collected through interviews, observations, and documentation with related parties, both apartment owners and tenants. The results of the study indicate deviations in the implementation of the ijarah contract, particularly in aspects of residential suitability that are not in accordance with Islamic principles, such as clarity of benefits and security of the leased object. In a review of Islamic economic law, the implementation of the ijarah contract in uninhabitable houses does not fully meet the requirements for a valid contract due to the lack of clear benefits and security guarantees for the tenant. Therefore, this study recommends the need for supervision and improvement by authorities to ensure that rental contracts are carried out in accordance with the principles of justice, welfare, and transparency as stipulated in Islamic economic law.
Copyright (c) 2025 Galih Buana Ibrahim, Fauziah Fauziah, Ramiah Lubis https://creativecommons.org/licenses/by-nc/4.0
Penyelesaian Tindak Pidana yang di Lakukan Anak Secara Diversi dalam Persfektif Hukum Pidana Islam
This study examines acts of violence in educational settings, including cases that occurred in Sungai Semut Village, Makarti Jaya District, Banyuasin Regency. The objective of the study was to determine the peace process through diversion in cases of violence perpetrated by children and to examine its resolution from the perspective of Islamic criminal law. The method used was empirical juridical with a qualitative approach through interviews and descriptive analysis. The results showed that diversion is an alternative legal resolution that emphasizes responsibility, behavioral improvement, and the involvement of families and victims without going through the courts. Diversion aligns with the principles of islah and shura in Islamic law, which emphasize peace, restoration of social relations, and opportunities for children to improve themselves. Thus, diversion reflects the values ​​of justice, compassion, and the common good as emphasized in Islamic teachings. The implications of this study indicate that diversion is not merely a legal mechanism, but also a means of child development and social recovery. Therefore, the implementation of diversion needs to be strengthened through support from the government, supporting institutions, and the community to achieve peaceful, just conflict resolution in accordance with national and Islamic legal values.
Copyright (c) 2025 Dewi Nirmala, Ema Fathimah https://creativecommons.org/licenses/by-nc/4.0
Tabattul di Era Digital: Analisis Hukum Islam atas Fenomena Hidup Membujang di Palembang
Marriage in Islam is considered a strong covenant (mitsaqan ghalizan). The intense exposure to social media has influenced individuals’ perspectives on marriage, values, and expectations. This trend has led many young people to delay or even decide not to marry at all. The phenomenon of remaining single (tabattul) is particularly evident in Bukit Baru Subdistrict, Ilir Barat 1, Palembang, where a number of young adults of marriageable age choose to remain unmarried. This study aims to identify the factors causing tabattul due to social media and to analyze them from the perspective of Islamic law. This field research employs a qualitative approach, using both primary and secondary data obtained through observation, interviews, and documentation, then analyzed descriptively. The findings show that the main factors behind tabattul influenced by social media are the desire to maintain personal freedom and focus on a career, in addition to the influence of cases of domestic violence, family conflicts, patriarchal partners, and partners who practice silent treatment. Moreover, some respondents choose tabattul based on religious motivation, such as devoting themselves to worship and seeking knowledge, following the example of earlier scholars. From the perspective of Islamic law, pursuing a career and personal freedom is not prohibited; however, refusing marriage solely due to fears shaped by social media is not justified. Marriage is still regarded as the primary path to preserving honor, avoiding harm, and attaining blessings through a family built upon sakinah, mawaddah, and rahmah
Copyright (c) 2025 M. Riko Ripaldo, Rafida Ramelan https://creativecommons.org/licenses/by-nc/4.0
Tanggung Jawab Afi Tour Travel Haji dan Umrah pada Penundaan Keberangkatan Jamaah dalam Persepktif Hukum Ekonomi Syariah
The implementation of the Hajj and Umrah pilgrimages, causing delays and cancellations which have given rise to legal and economic problems. The main point of this research is the form of responsibility of AFI Tour Travel towards delayed Hajj pilgrims and how sharia economic law reviews the responsibilities of AFI Tour Travel towards delayed Hajj pilgrims. The purpose of this research is to determine the form of responsibility of AFI Tour travel towards delayed Hajj pilgrims and to find out a review of sharia economic law regarding the responsibility of AFI Tour travel towards delayed Hajj pilgrims. There were 6 respondents to this research, namely 2 AFI Tour Travel travel administrators and 4 pilgrims who were delayed. The research method used is empirical juridical research, namely research that combines law with observational data analysis by means of field observation, direct interviews with respondents, and documentation. Data analysis in this research is qualitative analysis. The results of this research are that AFI Tour Travel's responsibility for Hajj pilgrims who are delayed due to Covid is included in force majeure or default. The responsibilities given are to negotiate with the congregation and reschedule departures to a time that allows as well as providing communication and transparency to the congregation. In reviewing sharia economic law regarding AFI Tour's responsibility towards pilgrims who are delayed due to Covid, it is correct and appropriate because through deliberation they made a new contract and fulfilled the contents of the contract.
Copyright (c) 2025 Viera Inesya Puteri, Hana Pertiwi https://creativecommons.org/licenses/by-nc/4.0
Promosi Judi Online melalui Media Sosial: Studi tentang Penegakan Hukum dan Hukum Pidana Islam
The development of technology and the internet brings convenience but also has negative impacts, one of which is the promotion of online gambling through Instagram. The phenomenon of influencers promoting online gambling through social media Instagram, which has negative effects on the social order, is becoming increasingly prevalent. Thus, to determine whether the penalties stipulated by the ITE Law are relevant to Islamic Criminal Law, it is necessary to conduct research on how the crime of promoting online gambling on Instagram according to Law Number 1 of 2024 on Information and Electronic Transactions, and how Islamic Criminal Law views the criminal sanctions for those promoting online gambling on Instagram. The approach method used in this research is the normative juridical method. This research is qualitative and includes library research data, largely drawn from published reference books. Among the primary legal materials are the Qur'an, Hadith, the ITE Law, and the Criminal Code. The research concludes that the act of promoting online gambling on the Instagram social media platform, according to Law Number 1 of 2024, can be seen from the actions taken in promoting online gambling, including distributing, transmitting, and/or electronic documents containing gambling content. The criminal sanctions against those promoting online gambling are imposed under Article 45, Paragraph 3 of Law Number 1 of 2024 on Information and Electronic Transactions, which stipulates a maximum prison sentence of 10 (ten) years and/or a fine of up to Rp.10,000,000,000.00 (ten billion rupiah). In Islamic Criminal Law, the crime of promoting online gambling has not been clearly regulated in the texts of the Quran or Hadith, so this crime is determined with ta’zir punishment.
Copyright (c) 2025 Nur Amelia, Yuswalina Yuswalina, Jon Heri https://creativecommons.org/licenses/by-nc/4.0
Analisis Kepailitan PT Asuransi Jiwasraya Persero dalam Perspektif Perlindungan Konsumen dan Kepastian Hukum Bagi Kreditor
The bankruptcy of insurance companies is a complex issue involving the interests of consumers as policyholders and creditors who demand legal certainty. This study aims to analyze bankruptcy issues within the Indonesian insurance industry through a case study of PT Asuransi Jiwasraya (Persero), with a focus on legal protection for consumers and the assurance of legal certainty for creditors. The research method employed is normative juridical, using a statutory and case study approach. The findings indicate that the resolution mechanism for Jiwasraya’s default did not follow the bankruptcy process as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), but was instead resolved through state intervention and restructuring via a state-owned insurance holding company. This has created a legal dilemma regarding the suboptimal protection of consumer rights and the weakened position of creditors in the settlement process. On the other hand, the authority of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) in supervising and intervening in troubled insurance companies becomes a crucial aspect that requires clearer regulatory provisions. Therefore, a reformulation of policies and a more comprehensive legal framework is needed to ensure a balanced protection of consumers and legal certainty for creditors in bankruptcy cases involving insurance companies.
Copyright (c) 2025 Hania Arvalia, Elisatris Gultom, Sudaryat Sudaryat https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum bagi Pelaku Penipuan Tiket Konser Coldplay: Perspektif Hukum Pidana Islam
Concert ticket fraud cases often occur, especially for famous music concerts such as Coldplay concerts, which are a very famous music band in the world. As a result of the perpetrator's actions, many victims suffer losses, but the perpetrators only receive light sanctions. The purpose of this study is to analyze law enforcement against perpetrators of Coldplay concert ticket fraud from the perspective of Islamic criminal law. The type of research used is library research with secondary data sources. The primary legal material is the criminal code. The analysis was carried out descriptively qualitatively. The results of the study stated that law enforcement for perpetrators of Coldplay concert ticket fraud is based on Article 378 of the Criminal Code only, even though the act has also fulfilled the elements in Article 45 paragraph (2) Jo 28 Paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008, namely by utilizing technology as the object of his actions to spread news and mislead which makes someone interested so that it results in losses. While in Islamic criminal law, the crime of fraud is included in the category of Ta'zir crimes. In the decision of the panel of judges, it was implemented in accordance with the principle of ta'zir, only the sanctions given were still too light when compared to the consequences caused by the defendant.
Copyright (c) 2025 Muhammad Zaky, Dodi Irawan, Paisol Burlian https://creativecommons.org/licenses/by-nc/4.0
Fenomena Rujuk Setelah Talak Tiga: Kajian Hukum Keluarga Islam
This study aims to examine the phenomenon in the Ilir Barat II Palembang District Community who reconciled with their partners after triple divorce from the perspective of Islamic law. The reconciliation was carried out without heeding the rules contained in Islamic family law which requires the ex-wife to marry another man first without any engineering and to divorce purely, only then can the first ex-husband remarry his ex-wife. This study is an empirical legal study, using qualitative data and the data sources used are primary data and secondary data. The data obtained will be analyzed descriptively qualitatively, then will be concluded deductively. The results of the study found that the cause of the deviation in the relationship after triple divorce in the Ilir Barat II Palembang District was due to a lack of understanding of religious knowledge and a desire to immediately reconcile without following a complicated process. Based on the study of Islamic law, reconciliation is forbidden, even if they have sexual relations, it is said to be adultery. This is because they do not make a new contract, they also do not follow the provisions of the sharia which require the ex-wife to marry another man and divorce her new husband, only then can the first ex-husband remarry his ex-wife.
Copyright (c) 2025 Indah Hoirunnisah, Zuraidah https://creativecommons.org/licenses/by-nc/4.0
Mekanisme Pengurangan Masa Hukuman bagi Narapidana Korupsi di Lembaga Pemasyarakatan Kelas II A Bengkulu Dalam Fiqih Siyasah
With the issuance of the Regulation of the Minister of Law and Human Rights Number 07 of 2022 which fills the legal vacuum resulting from the judicial review of Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning the Requirements and Procedures for the Implementation of the Rights of Correctional Inmates, it has become something that attracts attention. Because of course the mechanism for reducing the sentence thanks to the judicial review has changed. The main question of this study is whether information about the new sentence reduction mechanism has reached the prisoners. Meanwhile, it is generally known that the mechanism for reducing the sentence is not easy for prisoners to understand. Because in fact the reduction of the sentence is the right of all prisoners as regulated in the law. Thus, the purpose of this study is to determine how the mechanism for reducing the sentence in Class II A Bengkulu Prison works. This study is a qualitative study with an empirical legal approach. The results of the study show that the sentence reduction mechanism that applies according to the regulations is not effective in making prisoners get their rights, namely a reduction in sentence. In conclusion, the lack of understanding of prisoners regarding the mechanism for reducing the sentence creates a great potential that prisoners can fail to obtain their constitutional rights, namely a reduction in sentence.
Copyright (c) 2025 Maman Wira Atmaja, Supardi, Qobli Khairi https://creativecommons.org/licenses/by-nc/4.0
Kajian Fikih Siyasah Pada Mekanisme Pemilihan Presiden Secara Langsung
Direct presidential elections are part of Indonesia's democratic system that aims to legitimize leaders through popular participation. However, the practice of elections still faces various problems such as money politics, black campaigns, and vote manipulation that can disrupt the integrity of the democratic process. This study aims to analyze the mechanism of direct presidential elections from the perspective of fiqh siyasah. This study uses a qualitative approach with normative legal methods, through library research and a normative-juridical approach. The analysis was carried out on legal regulations such as the 1945 Constitution, the Election Law, and Islamic law and fiqh siyasah literature. The results of the study show that the election mechanism has been systematically regulated, starting from candidate registration, verification by the KPU, campaign, voting, to the announcement of the results. However, ethical and technical challenges still arise in its implementation. From the perspective of fiqh siyasah, the practice of direct elections in Indonesia needs to be reviewed to better reflect the values ​​of justice, honesty, and public welfare. Therefore, systemic improvements are needed such as strengthening supervision, political education based on Islamic ethics, and stricter law enforcement against violations. Thus, it is hoped that the presidential election will be cleaner, fairer, and in accordance with sharia principles.
Copyright (c) 2025 Nadya Lestari Putri, Rohmadi, Nenan Julir https://creativecommons.org/licenses/by-nc/4.0
Efektivitas Keberlakuan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Mediasi dalam Perkara Perceraian Pengadilan Agama Kelas 1A Palembang
The purpose of this study is to examine the effectiveness of the implementation of the Supreme Court Regulation on Mediation in the Religious Court of Palembang City. A mediator is a judge or other party who has a mediator certificate as a neutral party who helps the parties in the dispute resolution process without using the method of deciding or forcing a settlement between the parties. However, this mediation is often unsuccessful in reconciling the parties, especially in divorce cases. This type of research is field research. The method used in this study is a qualitative method. The data sources used are primary data, namely the results of interviews, secondary data, namely those from books, journals, and others. The results of the study show that the mediation procedure in divorce cases at the Palembang Religious Court Based on Supreme Court Regulation Number 1 of 2016 has been implemented effectively, the mediator on duty already has a certificate. However, the parties who mediate in divorce cases at the Palembang Religious Court prioritize feelings over anything else, causing the mediation to fail. The factors that influence the success of mediation in divorce cases at the Class 1A Religious Court of Palembang are child factors, family factors, the role of the judge and the mediator.
Copyright (c) 2024 Alifiah Risma, Ifrohati https://creativecommons.org/licenses/by-nc/4.0
Tindak Pidana Cyberstalking di Media Sosial Menurut Prespektif Hukum Pidana Islam
This study discusses How Cyberstalking Crimes Are on Social Media and discusses How the Perspective of Islamic Criminal Law on Cyberstalking Crimes on Social Media. The purpose of this study is to find out about the sanctions for cyberstalking crimes both in positive criminal law and Islamic criminal law. This study uses normative legal research with a literature review type. The results of this study can be concluded that someone commits a cyberstalking crime on social media by taking actions to disturb, attack, threaten, harass, and force their victims to do something or not do something. By using the internet or technology such as smartphones, computers, or other technologies. With the intention of terrorizing, intimidating, and scaring the victim. Subject to the article on cyberstalking crimes, namely Article 29 of Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). Meanwhile, the punishment for cyberstalking perpetrators according to the perspective of Islamic criminal law is included in the category of ta'zir crimes, where this punishment is determined by the government or local authorities related to freedom (prison sentences and exile) which are of a learning nature to improve the behavior of cyberstalking perpetrators.
Copyright (c) 2024 Ridho Wanantho, Dodi Irawan, Paisol Burlian https://creativecommons.org/licenses/by-nc/4.0
Peringatan Darurat Indonesia Kasus Putusan Rancangan Undang-Undang Pilkada: Studi Ilmu Sosial dan Ilmu Politik
The viral emergency alert on social media stemmed from a controversial Constitutional Court decision regarding Indonesia’s local elections. The Court ruled to lower the electoral threshold for political parties and allowed candidates to meet the age requirement (30 years) at the time of registration rather than at inauguration. However, the legislature quickly responded with a conflicting decision the following day. This study aims to examine how power should operate within the framework of democratic governance and the trias politica principle. Using a descriptive qualitative approach, the research explores the imbalance and potential manipulation of power among the legislative, executive, and judicial branches. The rapid reversal of crucial decisions indicates a concentration of power that bypasses institutional checks and balances. Public dissatisfaction was evident in protests and widespread discourse, signaling a crisis of trust in state institutions. The disruption of democratic mechanisms may lead to long-term consequences, including corruption, social inequality, and authoritarianism. In a democratic state, where sovereignty lies with the people, such political instability endangers the legitimacy and effectiveness of governance.
Copyright (c) 2025 M Leliko Ariyan Jaya https://creativecommons.org/licenses/by-nc/4.0