Syariah: Journal of Fiqh Studies

Analisis Hukum Menerima Dana Dari Money politics Dalam Pemilu Di Indonesia Dan Langkah Menanggulanginya Perspektif Imam Al-Ghazali

2025-06-29T14:54:07+00:00

The practice of money politics has consistently been a prominent and highly debated topic in Indonesia's political landscape. The rampant occurrence of vote buying during every election cycle makes this issue crucial to examine, particularly from a legal perspective and with a focus on potential solutions. This study investigates Imam al-Ghazali's views on the legal permissibility of accepting funds derived from money politics and explores his proposed solutions to this issue. This research aims to delve into the legal framework surrounding money politics in general elections, identify effective strategies to combat it, and instill a comprehensive understanding of the ruling on accepting funds from such practices. This library research employs a qualitative descriptive approach. The primary reference for this study is Imam al-Ghazali's seminal work, Ihya’ Ulum ad-Din, supplemented by various other relevant texts by other prominent Islamic scholars. The findings indicate that the practice of money politics carries severe negative consequences and is categorized as bribery (risywah), which is expressly prohibited by the Islamic law. Consequently, according to Imam al-Ghazali, accepting funds from vote-buying is haram (forbidden), and recipients are obligated to return these assets to their rightful owners or the state treasury. The enforcement of a strict prohibition on accepting such funds is imperative, alongside concerted efforts to improve the economic conditions of society as preventive measures against this widespread issue. This study offers an in-depth understanding of the legal implications of accepting money politics funds from al-Ghazali's perspective. It also opens avenues for further discussion on money politics and its potential solutions through the lens of other Islamic scholars.

Konsep Qarīnah sebagai Alat Bukti Pembunuhan dalam Hukum Pidana Islam dan Hukum Positif Indonesia: Studi atas Kasus Jessica-Mirna

2025-06-29T14:52:54+00:00

The Jessica-Mirna case shocked Indonesia due to the presence of cyanide poison in the coffee served, which became the central piece of evidence in the murder trial. Throughout the judicial process, this case sparked public debate regarding whether Jessica was justifiably convicted as the perpetrator of the crime. This study aims to examine the concept of qarīnah as indirect evidence in Islamic criminal law and Indonesian positive law through the lens of the Jessica Mirna case. Using a comparative conceptual case study approach, this research analyzes how each legal system understands, accepts, and applies qarīnah to establish the perpetrator’s intent in a premeditated murder. The findings reveal that Islamic criminal law regards qarīnah as an important indication that considers the moral aspects and intent of the accused, whereas positive law regulates qarīnah formally through stringent evidentiary procedures stipulated in the Indonesian Criminal Procedure Code. The Jessica-Mirna case demonstrates the practical application of qarīnah in the judicial process, reinforcing the role of indirect evidence in determining truth and justice. This study contributes to expanding the comparative understanding of evidentiary roles in both legal systems while strengthening the relevance of qarīnah in the modern context.

Tinjauan Hukum Fikih terhadap Penerapan Pidana Denda Peredaran Rokok Ilegal

2025-06-29T14:50:02+00:00

Indonesia plays a significant role in minimizing the negative impact of large-scale illegal tobacco production. Legislation imposing fines is expected to serve as a solution to address concerns regarding its effects on public health and the economy. However, the imposition of fines is claimed to violate maqāṣid asy-syarī‘ah and even the consensus (ijmā‘) of Islamic scholars. This study aims to analyze the extent of Islamic perspectives on the imposition of fines, particularly in Indonesia. This study employs library research using a qualitative approach. The research findings indicate that the imposition of monetary fines (ta‘zīr bi al-māl) is not considered valid unless under circumstances of necessity (ḍarūrah), according to the consensus of the four major Islamic schools of thought (madzāhib). However, fines in the form of asset destruction directly related to the offense (ta‘zīr fī al-māl) are deemed permissible according to the Mālikī school of thought. The implications of this study suggest that the government must ensure the presence of an urgent necessity to justify the legislation of fines, apply proportionality in assessing the need, and guarantee that the allocation of collected fines is accurately directed toward the public interest.

Iḥyā' Al-Mawāt Dalam Mazhab Syafii Sebagai Landasan Hukum Kepemilikan Masyarakat Adat Atas Tanah Ulayatnya

2025-06-29T08:44:38+00:00

This article analyzes the legal relevance of iḥyā' al-mawāt from the perspective of the Syafii Mazhab and contextualizes it against customary land, considering that both have similar characteristics in terms of the land tenure process. This research is essential to establish the legal force of customary land through the iḥyā' al-mawāt approach from an Islamic law perspective. To achieve this goal, the research method used is content analysis, which is classified as a qualitative method whose analysis is descriptive. Iḥyā al-mawāt is the management of land that is not owned and not utilized by anyone. Through the process of iḥyā' al-mawāt, a person is entitled to land ownership after conducting real management. Customary land is related to the territory that is communally managed by indigenous peoples. The results of the research on iḥyā' al-mawāt in the Shafii Mazhab found some differences with Customary Land in terms of land ownership and territory. Iḥyā' al-mawāt applies to free or formerly managed land that has been abandoned, while communal land relates to customary territories that are communally managed by indigenous peoples. Although there are differences in the aspects of ownership and management, both iḥyā' al-mawāt and customary land have the main similarity of land utilization, as well as land management of both implicating proof of ownership that is legal in state law and Sharia. This research provides theoretical benefits in the form of insight, information, and knowledge about the concept of iḥyā' al-mawāt in the Shafi'i Mazhab as a legal basis for indigenous peoples' ownership of their customary land.

Analisis Fatwa Dr. Syauqi Ibrahim ‘Allam Tentang Eksploitasi Ilegal Tanah Negara

2025-06-29T08:48:29+00:00

The dense population and growing economic needs are leading humanity toward a new way of life. One of the fundamental needs of every person is the need for a place to live and reside. The exploitation of state-owned land, whether in cities or the wilderness, has become inevitable. State land, which should be managed by the government and used for the welfare of society, is often seized and used for personal interests. Dr. Syauqi Ibrahim Allam, a grand mufti at the Egyptian fatwa institution, stated in his book Fiqh al-Wathan wa al-Muwathonah that using state land without permission is forbidden (haram) and is considered gasab (unlawful usurpation). He also urged those involved in such acts to vacate and return the land to its rightful authority. How did he determine the legal basis for his fatwa? What are the implications for Indonesia? This article reviews Dr. Syauqi Ibrahim Allam's perspective on the illegal use of state land, a practice now common in Indonesia, as a moral and ethical compass. To analyze this, the author employs descriptive analysis within the framework of qualitative research methodology.The findings indicate that Dr. Syauqi Ibrahim Allam's fatwa is well-grounded in religious texts and is also supported by the views of Ahlus Sunnah scholars from the four major schools (madhabs), with a particular alignment to the Hanafi school, which strictly requires permission from the leader (imam) for the use of state land. He equates the illegal use of state land to the gasab of private properties. This fatwa is crucial for public understanding, given the numerous issues arising from land disputes with the government.

Eksistensi Kesetaraan Gender dalam Kepemimpinan Perspektif Said Ramdhan al-Buthi

2025-06-29T14:51:38+00:00

Gender equality, especially concerning leadership, is a complex topic in Islam. Issues of feminism and women's emancipation are often considered taboo in Muslim communities in Pakistan. Traditional Muslim scholars, influenced by the cultural dimensions of Islam in their era, formulated laws regarding male supremacy over women in their writings. In contrast, in the modern era, contemporary Muslim scholars, such as Dr. Said Ramdhan al-Buthi, engaging with Western knowledge, have attempted to establish new paradigms regarding feminism, particularly concerning women's leadership, while remaining grounded in scriptural analysis. This study aims to describe al-Buthi's views on gender equality in women's leadership. Al-Buthi's perspective holds particular value in legitimizing feminism within Islam, as his arguments are strongly rooted in the Qur'an and Hadith. This study was qualitative and adopted a library-based research design. Data were collected from al-Buthi's writings and other relevant literature and analyzed using narrative synthesis and content analysis. The findings indicate that, in al-Buthi's view, women are granted access to leadership, albeit with certain limitations, which differs from the general prohibitions of traditional scholars. This finding suggests that socio-cultural aspects can influence scholars' decisions and simultaneously promote inclusivity in leadership.