Qisth : Jurnal Studi dan Penelitian Hukum Islam
type: channel
description: Qisth: Jurnal Studi dan Penelitian Hukum Islam is a peer-reviewed academic journal published by Institut Agama Islam Miftahul Ulum Pamekasan. It publishes original research and critical studies on Islamic law, including fiqh, family law, legal theory, and contemporary issues in Muslim societies. The journal is issued twice a year and applies a rigorous double-blind peer review process to ensure scholarly quality and integrity. With its open-access policy, Qisth aims to promote the global exchange of knowledge in Islamic legal studies.
publisher: Institut Agama Islam Miftahul Ulum Pamekasan
language: en
publication name: Qisth : Jurnal Studi dan Penelitian Hukum Islam
issn: 3047-2768
items: Kebebasan Berekspresi di Media Sosial: Dialektika Hak Asasi Manusia dan Hukum Islam dalam Pembentukan Regulasi Digital
items: The Legitimacy of Hawalah Contract in Cash on Delivery Payment System (Qiyas Analysis in Online Sale Transactions)
items: Dari Nasab ke Nilai Moral: Rekonstruksi Konsep Kafā’ah dalam Perkawinan Islam Perspektif Empat Mazhab
items: Analisis Perlindungan Hak Tanah Ulayat Masyarakat Adat Suku Dalam (Terasing) dalam Perspektif Hak Asasi Manusia
items: Konstruksi Hukum Investasi Kripto dalam Sistem Hukum Ekonomi Syariah Perspektif Maqashid Syariah
items: Mengejawantahkan Metode Istimbath Al-Ahkam Berbasis Maqāshid Al-Syarī’ah Dalam Menjawab Persoalan Kekinian
items: Tenaga Kerja Wanita (TKW) Dan Interseksionalitas Gender Dalam Dinamika Keluarga
items: The Role of Qawāʿid fiqhiyyah in Addressing Contemporary Legal Issues
items: Kebijakan Kharaj Pada Masa Umar Bin Khattab Serta Kaitannya Dengan Pajak Bumi Dan Bangunan Di Indonesia
items: Problematika Hukum atas Kelembagaan dan Operasional Bank syariah
items: Fiqh al-Tasamuh dalam Hukum Perdata Islam: Mewujudkan Moderasi dalam Relasi Sosial dan Keluarga di Era Kontemporer
items: MAJELIS DZIKIR DAN KEARIFAN LOKAL
items: BUDAYA PÈLÈT KANDUNG PERSPEKTIF ‘URF
items: PENENTUAN MAHAR PERKAWINAN PERSPEKTIF IMAM SYAFI’I
items: TINJAUAN MAZHAB SYAFI’I TERHADAP PULANGNYA SUAMI KARENA NUSYUZNYA ISTRI
items: KAMPANYE DAN MENTORING KELAS POLIGAMI DALAM KASUS TREN DI INDONESIA
items: Implementasi Prinsip Hukum Islam dalam Kegiatan Pemasaran: Antara Teori dan Realitas Lapangan
items: Kepemimpinan dalam Rumah Tangga Perspektif Tafsir dan Analisis Gender
items: Kontektualisasi Risalah al-Qadha Masa Khalifah Umar Bin Khattab dan Relevansinya Terhadap Peradilan Agama di Indonesia
items: Economic and Social Impact of Islamic Inheritance Distribution
items: Regulasi Pasar dan Etika Penetapan Harga: Pandangan Klasik dan Kontemporer Para Fuqaha
items: Pendampingan Dan Sosialisasi Ketahanan Keluarga Melalui Pendekatan Financial Resilience Di Desa Bulmatet Karang Penang
items: Analisis Filsafat Hukum Pada Aturan Penghapusan Kekerasan Seksual Dalam Undang-Undang No. 12 tahun 2022
items: Penegakan Hukum Terhadap Tindak Pidana di ZEE ( Zona Ekonomi Eksklusif Indonesia ) Konvensi Hukum Laut International (UNCLOS 1982)

Kebebasan Berekspresi di Media Sosial: Dialektika Hak Asasi Manusia dan Hukum Islam dalam Pembentukan Regulasi Digital
type: item
description: The normative regulation of freedom of expression on social media platforms remains unresolved, particularly in Muslim-majority countries that simultaneously operate under international Human Rights (HR) frameworks and Islamic Law principles. Available comparative scholarship tends to address this issue in general terms, without examining its specific implications within digital ecosystems. Drawing on a qualitative-comparative approach grounded in document analysis, this study examines international HR instruments specifically Article 19 of the UDHR and ICCPR alongside Islamic normative sources comprising the Qur'an, Sunnah, fatwa council rulings, and maqasid al-shari'ah literature. Both systems recognize freedom of expression as a fundamental right, yet differ substantially in philosophical foundation. HR frameworks condition restrictions on the principles of legality, legitimate aim, necessity, and proportionality; Islamic Law, by contrast, frames expression as a moral trust bounded by the protection of maqasid al-shari'ah and the principle of amar ma'ruf nahi munkar. This tension produces concrete regulatory gaps in digital content moderation, particularly regarding hate speech, blasphemy, and disinformation. In response to these gaps, the study proposes a three-component integrative regulatory model: balanced cyber-regulation design, multi-stakeholder co-regulation mechanisms, and digital literacy grounded in cross-perspectival communication ethics. The model offers an operational framework for policymakers and digital platforms seeking to develop fair and contextually sensitive content moderation policies.
subject: Artikel
  topic: section
creator: Gufron Zainal Abidin Sdawi Manasiq
creator: Mohsi Mohsi
creator: Hammis Syafaq
creator: Fahmi Assulthoni
creator: Abd Ghani
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-20
publication date: 2026-01-20
starting page: 139
ending page: 157
doi: 10.36420/qfmm9k86

The Legitimacy of Hawalah Contract in Cash on Delivery Payment System (Qiyas Analysis in Online Sale Transactions)
type: item
description: This study examines the legitimacy of the Cash on Delivery (COD) payment system in online sale transactions through the application of qiyas by analogizing COD to the hawalah contract. This normative legal research employs the al-sabr wa al-taqsim method within the framework of masalik al-‘illah to determine the effective legal cause (‘illat) underlying the permissibility of COD. The analysis demonstrates that the transfer of payment obligation (naql al-dayn) constitutes the sole ‘illat mu‘tabarah that unites COD with hawalah. Unlike bai‘ al-dayn bi al-dayn, which involves the exchange of debt for debt and is prohibited in Islamic law, COD operates as a mechanism for transferring the collection of payment through a third party. Accordingly, COD is deemed legally valid (mubah) under Islamic law as a payment system facilitated by a third party and does not fall within the prohibition of bai‘ al-dayn bi al-dayn. This finding affirms the methodological flexibility of Islamic commercial jurisprudence in addressing contemporary digital transactions while maintaining normative consistency with classical legal principles.
subject: Artikel
  topic: section
subject: Cash on Delivery (COD), Hawalah, Qiyas, Islamic Commercial Law.
  topic: keywords
creator: Airin Nur Abidah
creator: Muhammad Zainuddin Sunarto
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-15
publication date: 2026-01-15
starting page: 86
ending page: 104
doi: 10.36420/txtg5z08

Dari Nasab ke Nilai Moral: Rekonstruksi Konsep Kafā’ah dalam Perkawinan Islam Perspektif Empat Mazhab
type: item
description: Konsep kafā’ah (kesepadanan) merupakan salah satu prinsip penting dalam hukum perkawinan Islam yang bertujuan menjaga keharmonisan rumah tangga dan stabilitas sosial. Namun, pemahaman terhadap kafā’ah tidak bersifat tunggal, melainkan berkembang secara beragam dalam tradisi fikih, khususnya dalam empat mazhab Sunni. Artikel ini bertujuan menganalisis konstruksi konsep kafā’ah dalam perspektif mazhab Ḥanafī, Mālikī, Syāfi‘ī, dan Ḥanbalī, serta menelaah relevansi dan reinterpretasinya dalam konteks hukum keluarga Islam kontemporer melalui pendekatan maqāṣid al-syarī‘ah. Penelitian ini menggunakan pendekatan kualitatif dengan desain studi kepustakaan, memadukan analisis normatif-yuridis, historis, dan komparatif terhadap sumber-sumber fikih klasik dan literatur akademik mutakhir. Hasil kajian menunjukkan bahwa seluruh mazhab sepakat menempatkan agama dan akhlak sebagai inti utama kafā’ah, sementara perbedaan muncul dalam penilaian terhadap faktor-faktor sosial seperti nasab, profesi, kebebasan, dan kemampuan ekonomi. Perbedaan tersebut mencerminkan fleksibilitas ijtihad Islam dalam merespons realitas sosial yang beragam. Dalam konteks modern, pemahaman kafā’ah yang terlalu berbasis status sosial dinilai kurang relevan dan berpotensi bertentangan dengan nilai keadilan dan kesetaraan. Oleh karena itu, artikel ini menegaskan pentingnya reinterpretasi kafā’ah sebagai keserasian etis, spiritual, dan tanggung jawab bersama antara pasangan, sejalan dengan tujuan maqāṣid al-syarī‘ah dan dinamika hukum keluarga Islam kontemporer.
subject: Artikel
  topic: section
subject: kafā’ah
  topic: keywords
subject: perkawinan Islam
  topic: keywords
subject: fikih perbandingan
  topic: keywords
subject: empat mazhab
  topic: keywords
subject: maqāṣid al-syarī‘ah
  topic: keywords
creator: Fatmawati
creator: Mutia Tsamratus Sabrina
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-15
publication date: 2026-01-15
starting page: 67
ending page: 85
doi: 10.36420/m7h52e63

Analisis Perlindungan Hak Tanah Ulayat Masyarakat Adat Suku Dalam (Terasing) dalam Perspektif Hak Asasi Manusia
type: item
description: The marginalization experienced by the Suku Dalam (indigenous and isolated community) reflects the persistent weakness of human rights protection for indigenous peoples, particularly in ensuring the right to a decent standard of living through control over customary land (tanah ulayat). Customary land is not merely an economic asset, but constitutes a living space, cultural identity, and the foundation of social and ecological sustainability for the Suku Dalam. This study aims to analyze the forms of human rights protection afforded to the Suku Dalam in relation to the right to a decent life, to examine the legal status and recognition of customary land within the national legal system, and to assess the role and responsibility of the state in guaranteeing the protection of indigenous peoples’ rights. This research employs a normative juridical method with statutory and conceptual approaches, based on library research of legislation, court decisions, and national as well as international human rights instruments. The findings indicate that although the legal recognition of indigenous peoples and customary land exists normatively, its implementation remains weak due to overlapping regulations, limited participatory mechanisms, and the dominance of economic development interests. Therefore, the state is required to strengthen substantive protection through affirmative policies, recognition of customary territories, and consistent application of human rights principles to ensure a dignified and decent life for the Suku Dalam. Keywords: Suku Dalam, Human Rights, Customary Land, Decent Living, Indigenous Peoples.
subject: Artikel
  topic: section
subject: Hak Asasi Manusia
  topic: keywords
subject: Tanah Ulayat
  topic: keywords
subject: Kehidupan yang Layak
  topic: keywords
subject: Masyarakat Adat
  topic: keywords
subject: Suku Dalam
  topic: keywords
creator: Muhammad Nur Karim Al Ismariy
creator: Lailasari Ekaningsih
creator: Ridho Saadillah Ahmad
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-15
publication date: 2026-01-15
starting page: 120
ending page: 138
doi: 10.36420/qtmp4g53

Konstruksi Hukum Investasi Kripto dalam Sistem Hukum Ekonomi Syariah Perspektif Maqashid Syariah
type: item
description: The rapid development of digital technology has introduced cryptocurrency as a new investment instrument that raises complex legal issues, particularly within the framework of Islamic economic law. In Indonesia, cryptocurrencies are legally recognized as tradable commodities but are not permitted as lawful means of payment. Meanwhile, Islamic law provides conditional permissibility for crypto investment, as reflected in the Fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) No. 140/DSN-MUI/XI/2021. This study aims to analyze the legal construction of cryptocurrency investment within the Indonesian Islamic economic law system, examine its legality under both positive law and Islamic law, and assess its conformity with maqashid al-sharia principles. This research employs a qualitative method with a normative juridical approach, relying on library research of statutory regulations, sharia fatwas, and relevant academic literature. The findings indicate that cryptocurrency investment may be legally acceptable under certain conditions, provided that it is conducted transparently, based on clear contractual arrangements, and free from elements of gharar, maysir, and excessive speculation. The maqashid al-sharia approach plays a crucial role in evaluating the protection of wealth and ensuring public benefit in digital investment practices.
subject: Artikel
  topic: section
subject: Cryptocurrency
  topic: keywords
subject: Digital Investment
  topic: keywords
subject: Islamic Economic Law
  topic: keywords
subject: Maqashid al-Sharia
  topic: keywords
subject: Positive Law
  topic: keywords
creator: Muhammad Nur Karim Al Ismariy
creator: Luthfi Eka Wispriyanti
creator: Lailasari Ekaningsih
creator: Ridho Saadillah Ahmad
creator: Irfan Rizky Hutomo
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2025-01-15
publication date: 2025-01-15
starting page: 47
ending page: 66
doi: 10.36420/sswcy948

Mengejawantahkan Metode Istimbath Al-Ahkam Berbasis Maqāshid Al-Syarī’ah Dalam Menjawab Persoalan Kekinian
type: item
description: The development of the era marked by the complexity of social, cultural, economic, and technological issues requires a re-reading of the sharia arguments to keep them relevant and contextual. Contemporary issues are often not found explicitly in the texts of the Qur'an and al-Sunnah, so a methodological approach is needed that can bridge the gap between normative texts and empirical reality. In this context, maqāṣid al-syarī‘ah becomes an important conceptual framework for realizing the sharia arguments substantively and oriented towards the welfare of the people. This approach emphasizes that the main objective of sharia is to maintain and realize the fundamental values ​​of human life, such as justice, humanity, and the public welfare. The problem formulation in this article includes: how the concept of maqāṣid al-syarī‘ah can be used as an approach in understanding and realizing the sharia arguments; and to what extent the maqāṣid approach is able to provide solutions to contemporary problems without ignoring the authority of sharia texts. The purpose of writing this article is to analyze the urgency of maqāṣid al-syarī‘ah as a paradigm of contemporary ijtihad, and explain its role in responding to the challenges of Islamic law in the modern era in a proportional and responsible manner. The research methodology used is normative Islamic law research with a conceptual approach and a philosophical approach. Data sourced from primary legal materials in the form of the Qur'an and al-Sunnah, as well as secondary legal materials in the form of works of classical and contemporary scholars who discuss maqāṣid al-syarī‘ah and ushul fiqh. Data analysis was conducted qualitatively-descriptively with an emphasis on deductive reasoning to draw conclusions regarding the relevance and implementation of sharia arguments based on maqāṣid al-syarī‘ah in addressing contemporary problems.
subject: Artikel
  topic: section
creator: Moh. Mujibur Rohman
creator: Rohman Rohman
creator: Taufikurrahman Taufikurrahman
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2026-01-15
publication date: 2026-01-15
starting page: 21
ending page: 46
doi: 10.36420/tb1tze58

Tenaga Kerja Wanita (TKW) Dan Interseksionalitas Gender Dalam Dinamika Keluarga
type: item
description: In the current industrial era, female workers seem to be the driving force of family economic development, as evidenced by the tendency for women to participate in the workforce abroad. Referring to the rights and obligations of husbands and wives, gender discrimination exists, as migrant workers working abroad are often encouraged and ordered by their husbands, despite the fact that in families, the husband, as head of the household, must work hard to meet the family's economic needs. Their income is sent to their husbands for daily needs, including clothing, food, education, health care, and home infrastructure. The purpose of this study is to demonstrate that gender discrimination in employment occurs within the family environment. The research method used by the researcher in this case is a qualitative descriptive approach. Data sources were obtained from several cases in journals and research results. Data analysis techniques used qualitative research in the form of data reduction and data display. Based on the results of the study, it can be concluded that migrant workers working abroad must be of their own free will without coercion from anyone. In addition, families must consider the positive and negative impacts on family life. The positive impacts include increased family income, the fulfillment of daily needs, and the possession of substantial assets, which ultimately improves the family's standard of living. Negative impacts include infidelity, less harmonious family relationships, less than optimal children's education, and financial management that focuses solely on consumption.
subject: Artikel
  topic: section
creator: Akh. Syamsul Muniri
creator: Nur Shofa Ulfiyati
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-15
publication date: 2026-01-15
starting page: 105
ending page: 119
doi: 10.36420/e9njg873

The Role of Qawāʿid fiqhiyyah in Addressing Contemporary Legal Issues
type: item
description: This article examines the role of qawāʿid fiqhiyyah (Islamic legal maxims) as a methodological framework for addressing contemporary legal issues in Islamic law. Employing a qualitative normative-analytical approach, the study analyzes classical juridical texts and contemporary Islamic legal scholarship to explore how legal maxims function in modern legal reasoning. The findings demonstrate that qawāʿid fiqhiyyah operate not merely as doctrinal summaries, but as active instruments that structure juristic reasoning, mediate between normative sources and social realities, and guide legal judgment in contexts marked by complexity and uncertainty. The analysis further reveals that legal maxims play a crucial role in operationalizing the objectives of Islamic law (maqāṣid al-sharīʿah), particularly in areas related to legal certainty, harm prevention, facilitation, and contextual adaptation. By bridging classical doctrine and contemporary socio-legal challenges, qawāʿid fiqhiyyah enable Islamic law to maintain methodological coherence while remaining responsive to change. This study argues that the continued relevance of Islamic law in the modern era depends not on normative rupture, but on the reactivation of its internal juristic methodologies, with legal maxims serving as one of its most robust and adaptable tools.
subject: Artikel
  topic: section
subject: Qawāʿid fiqhiyyah
  topic: keywords
subject: Islamic Legal Reasoning
  topic: keywords
subject: Contemporary Legal Issues
  topic: keywords
subject: Maqāṣid al-Sharīʿah
  topic: keywords
subject: Islamic Jurisprudence
  topic: keywords
creator: Wildan Miftahussurur
creator: Muhammad Fauzinudin Faiz
rights: Copyright (c) 2026 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2026-01-15
publication date: 2026-01-15
starting page: 1
ending page: 20
doi: 10.36420/jbrww288

Kebijakan Kharaj Pada Masa Umar Bin Khattab Serta Kaitannya Dengan Pajak Bumi Dan Bangunan Di Indonesia
type: item
description: This study aims to comprehensively examine fiscal policy during the reign of Caliph Umar ibn Khattab, with particular attention to the implementation of land tax (kharaj) as an instrument of Islamic state revenue, and to examine its relevance to the Indonesian taxation system, particularly the Land and Building Tax (PBB). This study uses a qualitative method with a literature review approach, utilizing books, journals, and various relevant literature on kharaj and national taxation. The results indicate a conceptual alignment between kharaj and PBB, particularly in the mechanism for registering taxable objects, setting rates based on land conditions, and the function of tax as a source of state revenue. In Indonesia, PBB is regulated by Law Number 12 of 1994 with a self-assessment system and tax calculations based on the Taxable Object Sales Value (NJOP). This study concludes that Umar ibn Khattab's kharaj policy is not only historically relevant but also provides a philosophical and normative foundation for modern understandings of tax justice, wealth distribution, and state fiscal management.
subject: Artikel
  topic: section
creator: Agustin Mila Arlina
creator: Windy Dwi Zhelsa Fithri
creator: Dita Nur Amaliatul Chusniah
rights: Copyright (c) 2025 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-nc/4.0
date: 2025-07-15
publication date: 2025-07-15
starting page: 112
ending page: 128
doi: 10.36420/3zmh8026

Problematika Hukum atas Kelembagaan dan Operasional Bank syariah
type: item
description: Islamic banking emerges as an alternative financial system based on Islamic Sharia principles, such as the prohibition of usury (riba), uncertainty (gharar), and gambling (maysir), while upholding justice and partnership. However, in practice, the institutional framework and operational implementation of Islamic banks face various legal issues, both normatively and practically. This study aims to explore the legal problems surrounding the institutional structure and operational practices of Islamic banks in Indonesia. Using a qualitative library research method and a normative legal approach, the study finds several challenges, including regulatory dualism, disharmony between DSN-MUI fatwas and regulations by the Financial Services Authority (OJK) or Bank Indonesia (BI), and inconsistencies in the application of Sharia contracts in banking operations. These problems may undermine the credibility of Islamic banks and create public skepticism regarding their Sharia compliance. Therefore, legal harmonization and institutional governance reform are essential to ensure that Islamic banks operate in full accordance with Sharia values.
subject: Artikel
  topic: section
creator: Nurul Iman
rights: Copyright (c) 2025 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-15
publication date: 2025-07-15
starting page: 89
ending page: 11
doi: 10.36420/8aws9v72

Fiqh al-Tasamuh dalam Hukum Perdata Islam: Mewujudkan Moderasi dalam Relasi Sosial dan Keluarga di Era Kontemporer
type: item
description: The contemporary era is marked by rapid social change, digitalized relationships, and increasingly complex interactions within both society and families. In this context, Fiqh al-Tasamuh (Islamic jurisprudence of tolerance) offers a relevant normative framework for fostering inclusive, just, and harmonious social and familial life. Core values such as tawassuth (moderation), i’tidal (balance), tawazun (proportionality), and tasamuh (tolerance) have proven effective in addressing modern challenges—ranging from social media use within households and strengthening interfaith relationships to reforming family law based on the objectives of Islamic law (maqāṣid al-sharī‘ah). Recent studies indicate that this moderate approach not only reduces domestic conflicts but also promotes social coexistence amid diverse identities. Despite resistance from conservative groups and digital polarization, fiqh al-tasamuh presents a contextual and progressive ethical-legal response. By enhancing moderate religious literacy, fostering collaboration between religious figures and the state, and integrating tasamuh values in family education, societies can cultivate a more peaceful and equitable civilization. Thus, fiqh al-tasamuh is not merely a theoretical discourse but a practical tool for navigating the moral and legal complexities of the modern world.
subject: Artikel
  topic: section
creator: Mohsi Mohsi
rights: Copyright (c) 2025 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-07-15
publication date: 2025-07-15
starting page: 78
ending page: 88
doi: 10.36420/2b8qg417

MAJELIS DZIKIR DAN KEARIFAN LOKAL
type: item
description: This research aims to analyze the application of local wisdom values, such as local customs and traditions at the Asy Syarifah Dhikr and Shalawat Council. The research uses a qualitative approach which attempts to describe the behavior of subjects and events in the form of literature research and empirical research. This research uses a phenomenological study approach to reveal symptoms/phenomena that have attracted a lot of public attention related to local wisdom. The results of the research show that the Asy Syarifah Dhikr and Shalawat Council fosters religious values/religious messages, education, morals, and a sense of brotherhood/ukhuwah or social values. The religious or Islamic values ​​contained in the dhikr assembly and Asy Syarifah prayers are clearly visible, namely in the Arabic poetry and prayers of the Prophet. In the dhikr and Shalawat Asy Syarifah assembly, members are taught the ethical values ​​of relationships between young people in everyday life. Meanwhile, social and cultural values ​​are visible in this assembly, namely the members of the assembly often meet so that social interaction occurs which leads to mutual understanding and familiarizing themselves with one another.
subject: Artikel
  topic: section
creator: Rusdi Rusdi
creator: Miftahol Arifin
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-01-15
publication date: 2025-01-15
starting page: 77
ending page: 95
doi: 10.36420/0tmatg38

BUDAYA PÈLÈT KANDUNG PERSPEKTIF ‘URF
type: item
description: The culture of pellets is no longer strange to hear, especially in the Madurese community. In fact, this culture seems to be an obligation in every household when the wife is 7 months pregnant. As time goes by, the Pellet Kandung culture is no longer beautiful, there are many harsh comments from several figures, so that the Pellet Kandung culture is considered as if it is contrary to Islamic law and the concept of 'Urf. This research has benefits for theoretical use and practical use and this research uses a qualitative approach with a case study type of research, the presence of researchers in the field is one of the steps that will be taken by researchers as researchers and data collectors, the data sources in this research consist of data sources primary and secondary, data collection techniques used were observation, interviews and documentation. This research produces conclusions namely: a. In its implementation, Pèlèt Kandung begins with reading the letters of the Koran such as Surah Maryam and Surah Yusuf and also the prayer. This ritual is carried out after duhur or after Isha on the night of the full moon. In the implementation of the Pèlèt Womb the Dukun plays an important role in guiding the event procession. b. In reviewing the concept of 'Urf, the Pèlèt Kandung culture in West Bunten Village, Ketapang, Sampang includes 'Urf fi'li, 'Urf Sohihah and 'Urf Khas.
subject: Artikel
  topic: section
creator: Mahrus Soleh
creator: Fahmi Assulthoni
creator: Kamali Kamali
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-15
publication date: 2024-01-15
starting page: 55
ending page: 76
doi: 10.36420/f4n1qz48

PENENTUAN MAHAR PERKAWINAN PERSPEKTIF IMAM SYAFI’I
type: item
description: In marriage there are definitely conditions, one of which is the dowry or dowry as a form of obligatory gift from a husband to his future wife. Of all the opinions of Madhhab Imams, only the opinion of Imam Syafi'i does not provide a minimum limit regarding dowry and also does not make it a marriage pillar, while other Madhhab Imams such as Imam Maliki, Imam Abu Hanifah and Kufa ulama provide a minimum limit for dowry that must be given to the bride and groom. Woman. Imam Maliki also made it harmonious in marriage. For this reason, researchers want to research it by formulating the problem as follows: 1). What is the concept of dowry position according to Imam Syafi'i 2). What is the concept of dowry payment according to Imam Syafi'i? To answer the questions above, the author uses the research method library research, meaning a study by examining books related to this thesis taken from the literature. All sources come from written materials related to the problems in the study and are also taken from other appropriate literature. From the discussion of this thesis, it can be concluded that, first, the concept of dowry position according to Imam Syafi'i is not a pillar of marriage, but is a condition for the validity of marriage. It is not obligatory to give a dowry to the wife if the husband divorces her before dukhu>l and has not determined the dowry. This means that if the wife has been interfered with, she is obliged to determine the dowry, that the dowry is not a pillar and condition of marriage, but is an obligation of the husband for sexual intercourse. Second, the concept of dowry payments according to Imam Syafi'i which allows the postponement of dowry payments which allows partial or complete postponement of dowry payments if the prospective wife agrees. explains that dowry payments can be made in cash directly at the marriage contract and can also be postponed if the bride and groom agree. The suspension of dowry payments can be done in part or in full acc…
subject: Artikel
  topic: section
creator: Fahrul Fahroni
creator: Fahmi Assulthoni
creator: Mohsi Mohsi
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-15
publication date: 2024-01-15
starting page: 38
ending page: 54
doi: 10.36420/qpa5me33

TINJAUAN MAZHAB SYAFI’I TERHADAP PULANGNYA SUAMI KARENA NUSYUZNYA ISTRI
type: item
description: Understanding of the wife's nusyuz which caused Sumi to return home in Sumber Waru village, in 2013 there was a case of nusyuz against a husband and wife couple who had only been married for approximately five months, where the wife's nusyuz was caused by her not wanting to move to the residence that her husband had just made. , so that the wife disobeys her husband's orders and does not carry out her obligations, but the husband remains patient in dealing with his wife's behavior and attitude and it is felt that the wife will not stay in her nusyuz for long. This research uses a qualitative study with a descriptive analytical method. The results of research on the form of wife's nusyus that causes the husband to return home in Sumber Waru village, sub-district. Waru, district. Pamekasan is: A wife's neglect and a wife's indifference to her husband's orders, after several months of moving to a new house made by her husband, but the wife returns from her husband's house for no apparent reason and doesn't even return even though she has been persuaded. Imam Syafi'i's opinion regarding the husband's return home due to his wife's nusyus in Sumber Waru village, sub-district. Waru, district. The husband's return home because of his wife's nusyus based on the case above, according to Imam Syafi'i's opinion, is not haram because the hijr arises not from the husband but from the wife, this is because the wife returns home and no one accompanies her husband in his new home. Basically, the husband does not want to hijr, this is proven by the fact that the husband has persuaded the wife to return to her house, but the wife is still adamant about not returning. Because of this, the husband stayed at home alone and did not bring any changes to his household.
subject: Artikel
  topic: section
creator: Humaidi Humaidi
creator: Mohsi Mohsi
creator: Kamali Kamali
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-15
publication date: 2024-01-15
starting page: 18
ending page: 37
doi: 10.36420/s4gays54

KAMPANYE DAN MENTORING KELAS POLIGAMI DALAM KASUS TREN DI INDONESIA
type: item
description: The pros and cons regarding the practice of polygamy are a discussion that will never cease to be debated by people in various parts of the world. Apart from the controversy regarding the issue of polygamy, the author found an online media site which is actively propagating the practice of polygamy, they call it the Polygamy Community, this community is expanding not only through offline activities in various regions, but also often exists to voice its understanding using online media. In this research the author will examine the motives of the Polygamous Community in Indonesia in terms of framing, opportunity structure and mobilization of the polygamous movement using the lens of social movement theory. The type of research is qualitative and empirical using descriptive analysis methods. The purpose of this article is to provide a literary understanding related to the polygamy campaign movement which is becoming a trend in Indonesia.
subject: Artikel
  topic: section
creator: Anisa Isdiyanti Isdiyanti
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-01-15
publication date: 2024-01-15
starting page: 1
ending page: 17
doi: 10.36420/0j7m7120

Implementasi Prinsip Hukum Islam dalam Kegiatan Pemasaran: Antara Teori dan Realitas Lapangan
type: item
description: Marketing is a crucial component of business systems that determines the success of distributing goods and services from producers to consumers. However, in practice, marketing activities often face ethical dilemmas, especially when intense business competition drives marketers to neglect moral values in pursuit of targets. In the Islamic context, marketing is not merely assessed from an economic perspective but also through the lens of Sharia law, which emphasizes honesty (ṣidq), trustworthiness (amānah), justice, and the prohibition of deceit (tadlīs) and ambiguity (gharar). This study aims to examine how these Islamic legal principles are implemented in modern marketing practices. The research employs a qualitative method based on library research, using both normative and linguistic approaches. The findings reveal a gap between the theoretical ideals of Sharia-compliant marketing and real-world practices, where manipulative tactics that contradict Islamic ethics are still prevalent. Therefore, integrating spiritual values into marketing is essential to establish a business practice that is not only profit-oriented but also blessed and sustainable.
subject: Artikel
  topic: section
creator: Ilmia Rofi
creator: Sriwahyuni Sriwahyuni
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-15
publication date: 2024-07-15
starting page: 163
ending page: 183

Kepemimpinan dalam Rumah Tangga Perspektif Tafsir dan Analisis Gender
type: item
description: This study examines the aspect of leadership in the family as stated in Surah al-Nisa verse 34 which states that men are leaders for women because Allah has given advantages to a man. Through the study of interpretation and gender analysis, this study concludes that leadership in the family is not taken for granted, or in terms of gender is not a natural gender, but rather the result of social construction. Therefore, leadership cannot be standardized on a particular gender, but is based on the aspect of capability possessed by both men and women.
subject: Artikel
  topic: section
creator: Nor Salam Salam
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-15
publication date: 2024-07-15
starting page: 140
ending page: 162

Kontektualisasi Risalah al-Qadha Masa Khalifah Umar Bin Khattab dan Relevansinya Terhadap Peradilan Agama di Indonesia
type: item
description: History proves that the judiciary has existed and been known since time immemorial, in the course of Islamic history, the judicial system has been known since the time of the Prophet Muhammad. In this Treatise there is a lot of legal content and things that we can learn and apply, in the Religious Courts in Indonesia there are many similarities and conformities with the Treatise of Umar which was given to Abu Musa Al-Asy Ari, in fact many scholars quote this Treatise, because when studied in more depth this Treatise can really be used as a legal benchmark and guide to apply, as well as many judges in Indonesia who study and apply it when deciding legal and justice cases. The aim is to find out the extent of the Al-Qadha Treatise and its relevance in Religious Courts when applied from the perspective of one of the books: Religious Court Procedural Law Plus Principles of Islamic Procedural Law in Umar Bin Khattab's Qadha Treatise. This research method is in the library research genre with the aim of researchers being able to find out that the Al-Qadha Treatise is very relevant to Religious Courts in Indonesia, using a qualitative descriptive analysis approach. The results of this research show that Umar Bin Khattab sent a letter to judge Kuffah. In the contents of the letter there are two legal provisions; firstly the procedures of religious courts, secondly the competence of judges. b) During Umar's leadership the system of power was divided into the three parts that we know today (trias politica). c) The concepts in the Al-Qadha Treatise are similar to the Religious Courts in Indonesia. d) Likewise, in his ijtihad, Umar Bin Khattab cannot be separated from the Al-Quran, Ijma, Qiyas and Ra'yu. e) Indonesian Islamic Courts, several points in Umar's letter are in line with Indonesian Court procedures, this indicates that, in fact, the judiciary during the time of Umar Bin Khattab was an Islamic Court, which also applies to Islamic Courts in Indonesia.
subject: Artikel
  topic: section
creator: Bahrul Ulum
creator: Ibnu Alfin
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-15
publication date: 2024-07-15
starting page: 117
ending page: 139

Economic and Social Impact of Islamic Inheritance Distribution
type: item
description: This study examines the economic and social impacts of the distribution of Islamic inheritance and the adaptation of inheritance law in a modern context. Islamic inheritance law stipulated in the Quran and Hadith provides clear guidelines on the division of inheritance, but its implementation often faces various challenges, including delays in the distribution and uncertainty of rights. This study uses qualitative methods with observation and literature review to explore how Islamic inheritance law affects wealth distribution, economic and social justice, and adaptation to social and cultural changes. The study found that inheritance sharing plays an important role in creating economic and social justice, but is often hampered by a lack of understanding, delays, and internal family disputes. The implementation of technology and increased inheritance law education are expected to reduce disputes and increase compliance. This study also recommends the role of scholars and scholars in providing guidance and the need for a firmer legal system to overcome existing challenges. Further research is suggested to explore the impact of technology in inheritance management, case studies of law implementation in various communities, and evaluation of the role of ulama and the impact of inheritance law education on legal compliance.
subject: Artikel
  topic: section
creator: Mohammad Adnan
creator: Badrah Uyuni
creator: Mahfuz Mahfuz
creator: Sarbini Anim
rights: Copyright (c) 2024 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2024-07-15
publication date: 2024-07-15
starting page: 96
ending page: 116

Regulasi Pasar dan Etika Penetapan Harga: Pandangan Klasik dan Kontemporer Para Fuqaha
type: item
description: The concept of pricing in Islam is in accordance with maqasid sharia that aims with benefit. In determining the price of buikan only based on demand and supply. However, it must pay attention to aspects of justice, honesty, and welfare aspects. The market can play an effective role in life on the principle of free competition can apply effectively. The market does not expect intervention from any party, including the state with pricing authority or the private sector with monopolistic or other. The type of research in this paper is to use descriptive analysis with a comparative causal approach, which is a research that focuses on actual old causal comparisons by compiling, analyzing, and interpreting. The method of this writing is library research (liberary reseach), namely writing taken by theoretical basic research in collecting data from the library.
subject: Artikel
  topic: section
creator: Prayudi Kumala
rights: Copyright (c) 2025 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-01-15
publication date: 2025-01-15
starting page: 38
ending page: 54

Pendampingan Dan Sosialisasi Ketahanan Keluarga Melalui Pendekatan Financial Resilience Di Desa Bulmatet Karang Penang
type: item
description: Financial resilience within households is always a persistent issue that haunts every family. It is a latent problem that requires special attention to prevent it from spreading and disrupting family stability and unity. Not all families are able to face enormous economic pressures without being equipped with maturity and strength in managing and handling their finances. In Bulmatet village, the community, based on the author's findings, needs mentoring and socialization to maintain family unity from the perspective of financial resilience. They admitted that they have not yet fully understood that financial resilience is one of the factors that can affect family resilience. This article aims to gather information and provide some solutions that the local community can apply in their social lives. It is hoped that the community can preserve and strengthen the integrity of their households through financial strength and resilience. The mentoring activities were conducted using socialization methods, including location surveys, program socialization, lectures, and discussions to deliver the material, concluded with general conclusions and evaluations. Based on the results of the mentoring, it is concluded that the people of Bulmatet village were very enthusiastic in participating in the mentoring and socialization program. They realized that financial resilience is one of the key factors in maintaining family resilience. Furthermore, they hope similar activities will continue to be held with topics that address other social issues
subject: Artikel
  topic: section
creator: Fahmi Assulthoni
rights: Copyright (c) 2025 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-01-15
publication date: 2025-01-15
starting page: 28
ending page: 37

Analisis Filsafat Hukum Pada Aturan Penghapusan Kekerasan Seksual Dalam Undang-Undang No. 12 tahun 2022
type: item
description: Sexual violence is a crime against humanity that has long been a serious issue in society. Its impact not only harms individual victims but also creates broader social injustice. The government has made efforts to address this issue through various regulations, one of which is Law No. 12 of 2022 on the Prevention of Sexual Violence. This law aims to provide stronger legal protection for victims and prevent the occurrence of sexual violence in society. This study analyzes the philosophical aspects of this regulation using a legal philosophy and legislative approach. The analysis highlights the concepts of justice, human rights, legal ethics, and social responsibility in the implementation of this policy. Additionally, this study evaluates the effectiveness of the regulation in achieving its objectives and the challenges faced in its implementation. By understanding the philosophical foundations underlying this regulation, it is expected that Indonesia’s legal system can be further strengthened to provide better protection and justice for victims of sexual violence.
subject: Artikel
  topic: section
creator: Moh. Fudholi
creator: Mohsi Mohsi
rights: Copyright (c) 2025 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2015-01-15
publication date: 2015-01-15
starting page: 17
ending page: 27

Penegakan Hukum Terhadap Tindak Pidana di ZEE ( Zona Ekonomi Eksklusif Indonesia ) Konvensi Hukum Laut International (UNCLOS 1982)
type: item
description: Abstract: Exclusive Economic Zones (EEZs) and offshore seas are geographically difficult to monitor and enforce. Crimes such as illegal fish theft, piracy, and human trafficking are common in the region. This study aims to analyze the legal aspects and challenges in cracking down on criminal offenders operating in the EEZ and offshore seas. Through literature studies and case studies, this study highlights the importance of international cooperation, surveillance technology, and effective law enforcement to address these problems. Keywords: Criminal Acts, Indonesian EZZ
subject: Artikel
  topic: section
creator: Zainal Abidin Pakpahan
creator: Marlon Simanjorang
rights: Copyright (c) 2025 Qisth : Jurnal Studi dan Penelitian Hukum Islam https://creativecommons.org/licenses/by-sa/4.0
date: 2025-01-15
publication date: 2025-01-15
starting page: 1
ending page: 16