Ahsan: Jurnal Ilmiah Keislaman dan Kemasyarakatan

Posisi Strategis Akad Murabahah dalam Pembiayaan Syariah: Sebuah Telaah Literatur

2025-08-11T04:14:16+00:00

This study aims to examine the strategic position of the murabahah contract in Islamic financing through a literature review approach. Murabahah is one of the most widely used Islamic banking products, as it emphasizes the principles of transparency and fairness, making it an essential instrument in the development of the Islamic financial system. The research method applied is a literature review, analyzing various academic sources, fatwas, regulations, and previous studies that discuss the practice and implications of murabahah contracts. Data were collected through a comprehensive review of relevant literature and then critically and comparatively analyzed. The findings indicate that murabahah plays a dominant role in Islamic financing, both in consumptive financing (such as housing and vehicle purchases) and productive financing (working capital and investment). Its main strengths lie in the clarity of contract structure, transparency of profit margins, and compliance with sharia principles. Furthermore, murabahah is relatively easy to implement, low-risk, and widely accepted by society. In conclusion, murabahah occupies a strategic position in Indonesian Islamic banking because it supports financial system stability, expands access to financing, and contributes to community empowerment and MSME development. Therefore, murabahah can continue to serve as a main pillar in the sustainable growth of the Islamic finance industry.

Jarimah Ta'jir Menurut Perspektif Hukum Pidana Islam

2025-10-13T01:52:05+00:00

This study discusses jarimah ta'jīr as a form of criminal offense in Islamic law whose sanctions are not explicitly determined in the Qur'an and Hadith, but are left to the authorities or judges through their respective ijtihad based on the principle of maslahah. The research method used is qualitative with a literature approach, through analysis of primary and secondary sources of Islamic law. The results of the study show that jarimah ta'jīr has high flexibility so that it can accommodate various forms of contemporary crimes such as cybercrime, corruption, drugs, human trafficking, and copyright infringement. The main purpose of applying ta'jīr sanctions is not only repressive but also preventive, educational, and socially corrective, in line with maqāṣid al-syarī'ah in protecting religion, life, intellect, property, and offspring. Thus, jarimah ta'jīr plays an important role in maintaining the relevance, justice, and dynamics of Islamic law in the modern era, while also serving as an adaptive instrument that bridges Sharia values with current global legal challenges and ensures the proportional and sustainable protection of individual and community rights.

Integrasi Prinsip Syariah dan Keuangan Berkelanjutan: Sebuah Kajian Konseptual

2025-10-22T02:59:02+00:00

This study aims to explain the concept of sustainable finance from an Islamic perspective. The study analyzed various academic journals and related literature, using a qualitative approach through a literature review. The study found that Islamic sustainable finance focuses not only on financial returns but also on environmental needs, social justice, and compliance with Sharia principles. Values such as justice (al-'adl), balance (al-mizan), and profit (al-maslahah) are its core foundations. The study shows that these principles are consistent with the Sustainable Development Goals (SDGs) and can be implemented through Islamic financial products such as green sukuk and productive waqf. This research contributes to a deeper understanding of the integration of Islamic finance with global sustainability issues.

Relevansi Prinsip Siyasah Dusturriyah (Politik Ketatanegaraaan Islam) Terhadap Hierarki Peraturan Perundang-Undangan di Indonesia

2025-11-08T11:08:01+00:00

This study aims to examine the relevance of siyasah dusturiyyah principles (Islamic constitutional politics) to the hierarchy of legislation in Indonesia. Using a qualitative approach with a normative-philosophical analysis method, this research explores fundamental values such as syura (consultation), al-‘adl (justice), maslahah (public interest), and tha‘at li al-imam (obedience to legitimate authority), as well as their contribution to the formation of national law. The findings reveal a strong alignment between the principles of siyasah dusturiyyah and the fundamental norms of lawmaking as stipulated in Law No. 12 of 2011 in conjunction with Law No. 13 of 2022. The principle of syura is reflected in participatory legislative processes, al-‘adl in the enforcement of substantive justice, and maslahah in the orientation of law toward public benefit. The integration of these Islamic values strengthens the moral legitimacy of national law, promotes governmental transparency, and deepens the dimension of social justice. This study emphasizes that the contextual application of siyasah dusturiyyah can serve as an ethical foundation for Indonesia’s legal system—one that is democratic, just, and oriented toward the welfare of the people within a pluralistic state framework.

Hukuman Pidana Dalam Islam: Analisis Konseptual, Maqāṣid Asy-Syarī‘ah, Dan Relevansi Kontemporer

2025-11-19T06:19:47+00:00

Islamic criminal law, or fiqh jinayah, plays a crucial role within the religious legal framework that governs social life. Its primary purpose is to safeguard the five fundamental principles of the Sharia, namely the protection of religion, life, intellect, lineage, and property. This study aims to analyze the foundational concepts of punishment in Islam, including the categories of hudud, qisas-diyat, and ta’zir, while also examining how these legal concepts relate to contemporary legal systems. The research gap addressed in this study lies in the limited comprehensive analyses that integrate the perspective of maqasid al-shariah with constitutional challenges and human rights issues in contemporary Islamic criminal law discourse, particularly within Indonesian scholarship over the past five years. Therefore, this research offers novelty through an interpretative approach that combines normative-theological principles with an analytical examination of modern legal regulations. The sources examined include the Qur’an, Hadith, classical fiqh works, as well as academic literature and recent studies published between 2020 and 2025. The data were analyzed using content analysis and analytical comparison techniques, while data validation employed source triangulation by comparing scriptural texts, classical juristic opinions, and contemporary research findings. The results show that the implementation of Islamic criminal law today faces various challenges, especially those related to constitutional frameworks, legal pluralism, and human rights concerns. However, through an approach grounded in maqasid al-shariah and the principle of proportionality, Islamic criminal law can be reinterpreted to remain relevant, humane, and aligned with substantive justice.

Jarīmah Sariqah dalam Hukum Pidana Islam: Analisis Unsur, Syarat, Perbandingan Mazhab, dan Relevansinya dengan KUHP Indonesia

2025-11-19T03:12:09+00:00

Theft is one of the most frequent criminal acts occurring within society and carries significant social and economic consequences. In Islamic criminal law, theft (sariqah) is classified as a jarīmah ḥadd, a criminal offense for which the sanction is explicitly determined by the Sharī‘ah. This study provides a comprehensive examination of the concept of theft in Islamic criminal law, including its definition, essential elements, legal conditions, and prescribed punishments. In addition, the study explores the relevance of applying Islamic criminal law to theft cases within the Indonesian social and legal context. The findings indicate that Islamic criminal law strongly emphasizes preventive measures, the protection of property rights, and the preservation of the five fundamental objectives of the Sharī‘ah (maqāṣid al-syarī‘ah). The implementation of firm punishments is intended not only to deter offenders but also to uphold moral and spiritual values, thereby contributing to the long-term security and order of society.

Penguatan Kepedulian Sosial Melalui Program Santunan Anak Yatim di Desa Singa Gembara Kutai Timur

2025-11-25T12:35:26+00:00

Community service through orphan support programmes is a tangible implementation of the three pillars of higher education in contributing socially to communities in need. This study examines the implementation of the orphan support programme in Singa Gembara Village, East Kutai, which involves collaboration between educational institutions, village governments, community leaders, and local communities. The research method uses a participatory approach with data collection techniques through direct data collection, observation, and programme evaluation. The results show that the programme has successfully distributed assistance to 120 orphans with a positive impact on improving welfare, learning motivation, and strengthening social awareness in the community. Key factors for success include careful planning, active community participation, synergy between stakeholders, and a combination of material assistance and psychosocial support. Challenges that still need to be addressed include the integration of beneficiary data and infrastructure limitations in remote areas. Strategic recommendations include the development of a digital data collection system, strengthening the capacity of local communities, expanding the network of donors, and developing sustainable empowerment programmes to improve the long-term independence of orphans.

Qadzaf Dalam Hukum Pidana Islam: Analisis Fikih Klasik Dan Tantangan Penyebaran Fitnah Di Era Digital

2025-11-27T06:26:34+00:00

This study examines qadzaf, the act of accusing someone of adultery without valid evidence, from the perspective of Islamic criminal law while also addressing the challenges of slander dissemination in the digital era. Qadzaf is considered a serious violation as it can harm individual honor, disrupt lineage clarity, and create social tension. This research employs a descriptive qualitative approach through comprehensive literature review, with primary sources including Qur’anic exegesis, canonical Hadith collections (Kutub al-Sittah), and classical fiqh literature from the Hanafi, Maliki, Shafi‘i, and Hanbali schools. Secondary sources consist of modern academic books, journal articles, Islamic legal encyclopedias, and contemporary studies on digital ethics and the spread of slander on social media. Thematic analysis was conducted to identify definitions, legal elements, and the prescribed sanctions for qadzaf according to various scholars. Findings indicate that qadzaf involves three cumulative elements: accusation of adultery or denial of lineage without evidence, the accused being a muhshan (a Muslim, free, mature, sane, and of good moral standing), and the perpetrator’s unlawful intent. The prescribed punishment is eighty lashes as stated in Surah An-Nur verse 4, with scholarly differences regarding forgiveness; the Shafi‘i school allows victim pardon, whereas the Hanafi school mandates hadd implementation regardless of forgiveness. Qadzaf remains relevant in the digital age as a measure to prevent slander and protect human dignity. To enforce hadd, all elements must be fulfilled cumulatively, while ta’zir penalties can be applied if conditions are incomplete. The study emphasizes integrating classical fiqh teachings with modern challenges to address the widespread dissemination of digital slander.

Hak Kekayaan Intelektual sebagai Kepemilikan Tak Berwujud dalam Persfektif Fikih Muamalah Kontemporer

2025-11-26T02:08:14+00:00

Intellectual Property (IP) is a manifestation of human intellectual ability that holds moral, economic, and social value. This study examines the definition, scope, and protection of IP from the perspective of contemporary Islamic commercial jurisprudence (fiqh muamalah) and Islamic law, while also reviewing national and global issues concerning IP violations. At the national level, the widespread piracy of books, software, and films in Indonesia reflects low public awareness of copyright, contradicting the Islamic principles of justice and trustworthiness. At the global level, the COVID-19 pandemic raised ethical dilemmas regarding vaccine patents, requiring a balance between IP protection and public access to healthcare. The Islamic perspective emphasizes that IP protection is important but not absolute; in emergency situations or for the public benefit, flexibility is permitted to ensure hifẓ al-nafs (protection of life) and maslahah ‘āmmah. The study concludes that IP should be respected as an asset of both economic and moral value, while its implementation must consider social, economic, and Shariah contexts.

Sanksi Jarimah Minum Khamer dalam Perspektif Hukum Pidana Islam: Kajian Normatif

2025-11-25T01:44:37+00:00

The act of consuming khamer (alcoholic beverages) and the sanctions imposed on the offenders. The research employs a normative juridical approach by examining primary legal sources such as the Qur’an, Hadith, and both classical and contemporary fiqh literatures. The findings indicate that drinking khamer is classified as a jarimah hudud since it is explicitly prohibited in Islamic law. The prohibition aims to protect human intellect (hifz al-‘aql), one of the fundamental objectives of maqāṣid al-syarī‘ah, which safeguards moral and social order. The prescribed had punishment, consisting of forty to eighty lashes, is not merely punitive but also serves educational and preventive purposes. Furthermore, the prohibition carries profound wisdom in promoting a healthy, ethical, and dignified society. This study concludes that Islamic criminal law embodies comprehensive principles of justice and public welfare in maintaining social harmony.

Pembinaan Moral Dan Perilaku Remaja Di Era Modern

2025-11-28T08:45:29+00:00

The issue of youth morality in Indonesia has become a profound social problem, with many deviant behaviors becoming increasingly prevalent among teenagers, such as gang fights, drug abuse, promiscuity, and bullying. These behaviors are rooted in various factors, both internal and external, that influence the moral development of adolescents. Dysfunctional families, inadequate religious education, negative peer influence, and increasingly unrestricted exposure to digital media are the main factors causing the degradation of adolescent morality. This problem is increasingly urgent given its significant impact on the future of Indonesia's younger generation.This study aims to examine in depth the factors causing the degradation of youth morals, its impacts, and the strategies that can be implemented by families, schools, communities, and the government. Using a qualitative approach with a library research method, this study analyzes various relevant literature to compile recommendations that can be applied in efforts to foster youth morals.The results of the study show that the main factors causing the degradation of youth morals include family dysfunction, lack of religious education, peer influence, and digital media. The impact is seen in individual psychological development, family conflicts, and an increase in social delinquency that disrupts social harmony. This study suggests several strategies for addressing these issues, including revitalizing the role of the family, strengthening character education in schools, improving digital literacy, providing guidance through religious and social activities, and cross-sector collaboration. This study contributes to the formulation of more holistic and community-based education and moral guidance policies.

Zina Dalam Perspektif Hukum Pidana Islam

2025-11-25T00:34:55+00:00

This study examines zina from the perspective of Islamic criminal law, focusing on its definition, legal requirements, sanctions, and the underlying wisdom behind its prohibition. The research stems from the increasing prevalence of free association among youth, which contributes to moral decline and social problems. Employing library research with a normative–theological approach, data were collected from the Qur’an, Hadith, classical and contemporary fiqh, as well as Indonesian positive law. The findings show that zina is defined as unlawful sexual intercourse outside a valid marriage contract and is categorized as a jarimah hudud with strict evidentiary requirements, such as the testimony of four male witnesses or voluntary confession. The sanctions vary according to the perpetrator’s marital status: one hundred lashes and exile for unmarried offenders, and stoning to death for married offenders. In comparison, Indonesian law treats zina as a complaint-based offense with lighter penalties, whereas Islamic law emphasizes moral protection and deterrence. The prohibition of zina serves to protect honor, lineage, health, family harmony, and overall morality. This research highlights the importance of strengthening moral education and integrating the values of Islamic criminal law into national legislation to address contemporary social challenges.

Merevolusi Pemahaman Ḥirābah: Integrasi Maqāṣid al-Syarī‘ah dalam Reformasi Hukum Pidana Indonesia untuk Keadilan Restoratif

2025-11-27T08:35:27+00:00

This research aims to analyze robbery (ḥirābah) from the perspective of Islamic criminal law (fiqh jinayah), exploring its legal foundations, elements, and sanctions within the framework of the Qur’an, Hadith, and classical as well as contemporary jurisprudence. It addresses the relevance of Islamic principles in the context of Indonesia's positive law, particularly in combating violent crimes that threaten public safety. The study employs a qualitative-descriptive method with a normative juridical approach, specifically using doctrinal analysis to interpret primary Islamic legal sources (such as the Qur’an and Hadith) and secondary sources (classical fiqh works and contemporary journals). Comparative analysis is conducted with Indonesia's Criminal Code (KUHP), focusing on Article 365 regarding robbery, to identify similarities and differences in legal paradigms. The findings indicate that ḥirābah is classified as a ḥadd crime in Islamic law, endangering life and public safety (amān al-nās). Sanctions vary by severity, ranging from amputation to the death penalty, as outlined in Qur’an Surah al-Mā’idah (5):33. Comparatively, while KUHP emphasizes social protection and public order, Islamic law integrates divine justice and maqāṣid al-syarī‘ah to protect core human values (ḥifẓ al-nafs, ḥifẓ al-māl, etc.). The purpose of Islamic sanctions extends beyond retribution to deterrence and social harmony. This study concludes that integrating Islamic principles with positive law can enhance Indonesia's criminal justice system, promoting restorative justice aligned with Pancasila. Future research should explore empirical applications in Indonesian courts.

Riddah dalam Perspektif Fiqh Jinayah Klasik dan Kontemporer

2025-12-02T04:33:11+00:00

Riddah, or apostasy, refers to the act of a Muslim abandoning Islam after having previously accepted it. Within Islamic criminal law, riddah is categorized as an offense related to faith and the protection of religion (ḥifẓ al-dīn). This study analyzes the concept of riddah through a normative and descriptive-analytical approach by examining its legal foundations in the Qur’an, Hadith, and the interpretations of both classical and contemporary scholars. The findings show that classical jurists generally agree on the death penalty for apostasy, provided certain conditions are met, such as legal maturity, sound intellect, and the opportunity to repent (istitābah). In contrast, many contemporary scholars reinterpret the law of riddah in light of religious freedom and the objectives of Islamic law (maqāṣid al-sharī‘ah), emphasizing moral and social considerations rather than purely physical punishment. The study highlights the dominance of classical perspectives in existing research and the limited comparative analysis involving contemporary views. Therefore, a comprehensive understanding of riddah is needed to ensure that its application aligns with principles of justice, human dignity, and the overarching aims of Islamic law.

Bughat sebagai Jarimah Politik dalam Hukum Islam: Studi Konseptual serta Relevansi Konsep Bughat dalam Negara Modern

2025-12-09T03:25:58+00:00

This study examines the concept of bughat (rebellion) within Islamic law as a political crime that carries significant implications for social order and governance. Using a normative juridical approach, this research analyzes primary Islamic legal sources namely the Qur’an, hadith, and classical works of fiqh and fiqh siyasah as well as contemporary legal scholarship. Data are collected through an extensive literature review and analyzed using a descriptive-analytical method grounded in the framework of maqāṣid al-syarī‘ah. The findings show that bughat is defined by specific criteria, including the presence of an armed group possessing interpretive justification (ta’wil), organizational strength, and explicit opposition to legitimate authority. The study reveals that the sanctions for bughat prioritize conflict resolution, restoration of public security, and the prevention of broader social harm rather than punitive retaliation. Through the lens of maqāṣid al-syarī‘ah, the rules governing bughat emphasize the protection of life, the preservation of social stability, and the prevention of political corruption (dar’ al-mafāsid). The discussion further highlights the continued relevance of the bughat framework in contemporary contexts, particularly when aligned with procedural justice and international human rights principles. This study concludes that integrating classical Islamic jurisprudence with modern legal and ethical standards strengthens the applicability of bughat regulations in contemporary Muslim-majority legal systems.

Rekonstruksi Konsep Qishas dan Diyat dalam Perspektif Fiqh Jinayah dan Relevansinya terhadap Keadilan Restoratif Modern

2025-12-09T03:25:21+00:00

This study examines the concepts of qishas and diyat as fundamental instruments in Islamic criminal law designed to protect human life and uphold justice through balanced and measurable legal mechanisms (Introduction). The research employs a juridical-normative approach by analyzing Qur’anic texts, hadith, classical fiqh literature, and contemporary legal scholarship to explore the normative foundations and legal principles governing qishas and diyat (Methods). The findings reveal that qishas functions as a proportional retributive measure intended to prevent uncontrolled retaliation and maintain social order, while diyat serves as a compensatory mechanism emphasizing reconciliation, social restoration, and the promotion of forgiveness (Results). Further discussion shows that the application of both concepts requires strict legal criteria, including clarity of the offender’s identity, the absence of doubt, and the full authority of the victim’s family in determining the form of legal settlement; moreover, the principles embedded in qishas and diyat strongly align with modern restorative justice models that prioritize dialogue, compensation, and healing over punitive sanctions (Discussion). Thus, qishas and diyat offer valuable insights for the humanization and reform of contemporary criminal law systems.