Al Muhkam: Journal of Islamic Law and Jurisprudence

The Obligation of War in Islam: Analysis of Fatwas by Scholars Worldwide and in Indonesia Regarding Jihad in Palestine from Hifzh Al-Nafs Perspective

2026-01-08T09:02:27+07:00

The obligation to wage war (al-qital) in Islamic law remains a topic of contemporary academic debate, especially in the context of jihad in Palestine. Different fatwas issued by international Muslim scholars and Indonesian religious authorities illustrate the complex interaction between normative interpretations of sacred texts and geopolitical realities. This study aims to analyze these fatwas through the framework of maqashid al-sharia, with a particular emphasis on hifzh al-nafs (the protection of human life) as the primary objective of Islamic law. This research uses a library-based qualitative methodology, referring to primary and secondary sources, including fatwas issued by authorized Islamic legal institutions, official documents, and classical and contemporary works on Islamic fiqh and maqashid al-sharia. The findings show that the dominant academic view limits the obligation of armed jihad to the Palestinian population, while Muslims outside the conflict zone are encouraged to contribute through humanitarian, political, and diplomatic support. However, a minority view considers armed jihad in Palestine a collective obligation (fardhu kifayah) for the wider Muslim community. These differing legal positions are influenced by variations in socio-political context, interpretive methodology, and assessments of mashlahah (public interest) and mafsadah (potential harm). From the perspective of hifzh al-nafs, the non-obligatory interpretation of jihad for Muslims outside conflict zones is more consistent with the goal of preserving human life, while maintaining the principle of transnational Muslim solidarity. This study highlights the importance of a maqashid-oriented approach in ensuring the relevance of Islamic legal thought to contemporary challenges and universal ethical values of sharia.

Division of Salary on Civil Servant Divorce Reviewed in Islamic Law Perspective

2026-01-08T08:39:28+07:00

This study examines the legal consequences of divorce for male civil servants based on Article 8 of Government Regulation No. 45 of 1990, which amended Government Regulation No. 10 of 1983. The regulation requires male civil servants who divorce their wives to give part of their salary to their ex-wives until they remarry. This obligation differs from Islamic law and the Compilation of Islamic Law (KHI), which limits the financial obligations of husbands after divorce to alimony during the iddah period and the provision of mut'ah. This study aims to analyze the compatibility of Article 8 with the principles of Islamic law and evaluate the impact of its implementation on divorced male civil servants. The researcher used a qualitative library research method by reviewing relevant literature, legislation, and legal documents related to divorce and post-divorce obligations. The researcher analyzed the collected data using normative legal analysis. The results of the study indicate that the obligation to distribute a portion of male civil servants' salaries to their ex-wives until they remarry is contrary to Islamic law. However, this regulation serves as a legal protection mechanism for divorced women and as a disciplinary measure for civil servants as state officials and public role models. Nevertheless, the duration of the obligation until the ex-wife remarries has the potential to place an excessive burden on male civil servant.

Unregistered Marriage with Wali Muhakkam in Shafi‘i Fiqh Perspective and Indonesian Positive Law

2026-01-14T22:53:03+07:00

This study investigated the practice of nikah siri (unregistered marriage) involving the use of a wali muhakkam in Indonesia from the perspectives of Shafi?i jurisprudence and positive law. The practice had frequently been justified as a theological response to administrative barriers or the refusal of a wali nasab (?adhal). However, it produced significant legal vulnerability for women and children. Employing a qualitative research design, the study adopted a library-based approach and jurisprudential analysis, utilizing content analysis to examine authoritative Shafi?i legal texts alongside Indonesian marriage regulations and judicial decisions. The findings demonstrated that, in the contemporary context marked by extensive access to the Office of Religious Affairs (Kantor Urusan Agama/KUA), the invocation of a wali muhakkam no longer satisfied the requirement of geographical necessity recognized in Shafi?i fiqh. From a legal standpoint, the practice constituted a form of legal circumvention that undermined the authority of the state-appointed wali hakim. Furthermore, the study revealed that Indonesian religious court judges functioned as agents of substantive justice by safeguarding the rights of the wali mujbir through structured mediation mechanisms and rigorous verification procedures. The study concluded that religious legitimacy must be integrated with state legal frameworks to ensure legal certainty and to promote genuine mashlahah within the family institution.

Negotiations on Mashlahah and Customary Prohibitions on Praying for Dead Unpraying in Nagari Andaleh, Lima Puluh Kota Regency

2026-01-19T19:37:15+07:00

In the Nagari Andaleh community, Luak District, Lima Puluh Kota Regency, there is a rule that prohibits people from praying for the bodies of those who never prayed. This customary rule certainly raises widespread questions among the community about its applicability in general and specific contexts. Therefore, the purpose of this study is to describe the customary prohibition against praying for the bodies of people who did not pray, along with its limitations, and to examine the mashlahah (benefits) behind this customary rule. The research method used in this article is field research, in which primary research data was obtained directly from the local community through direct interviews. Secondary data was sourced from books, journals, and so on. The results of the study show that the customary rules that apply in Nagari Andaleh to people who do not pray when they die are that their bodies are not prayed over in congregation at the mosque and are not led by local scholars or authorities, but are still prayed over in a limited manner by their immediate family. From the perspective of mashlahah, this prohibition is in accordance with mashlahah mu'tabarah (mashlahah supported by nash) with the aim of protecting and preserving religion (hifzh al-din) at the dharuriyah (significant) level.

Analysis of Gharar Fahisy and Maysir in the DSN-MUI Fatwa on Crypto Assets: A Critical Review of Maqashid Sharia

2026-01-08T08:57:57+07:00

This study examined Fatwa of the Dewan Syariah Nasional of the Indonesian Ulema Council (DSN-MUI) Number 140/DSN-MUI/XI/2021 concerning the prohibition of certain types of crypto assets through the lens of maqashid shariah. The analysis focused on identifying elements of gharar fahisy (excessive uncertainty) and maysir (speculative behavior resembling gambling) as the primary normative bases for the legal ruling. The study employed a qualitative methodology using content analysis of the DSN-MUI fatwa document, supported by classical and contemporary Islamic legal and financial literature. The findings indicated that crypto assets lacking clearly defined intrinsic value exhibited extreme price volatility and high levels of risk, thereby fulfilling the criteria of gharar fahisy as conceptualized in fiqh al-muamalat. Additionally, the prevalence of speculative trading practices, characterized by a zero-sum game structure, reflected elements of maysir that closely resembled the prohibited practice of qimar. From a maqashid sharia perspective, the DSN-MUI fatwa aligned with the objectives of protecting wealth (hifzh al-mal) and safeguarding intellect (hifzh al-?aql), while also preventing collective harm (dharar ?am). At the same time, the exemption granted to crypto assets backed by tangible underlying assets demonstrated the flexibility of Islamic law in balancing harm prevention with the accommodation of financial innovation that contributed to the real economic sector.

The Phenomenon of Childfree Marriage in the Perspective of Maqashid Ashliyah on Islamic Marriage

2025-12-29T13:42:34+07:00

This study aims to examine the Islamic legal perspective on the childfree phenomenon, which has become a trend among certain celebrities and communities in Indonesia. This study was inspired by several viral childfree cases involving celebrities, such as influencer GS (initials) and her husband, who decided not to have children because happiness for them does not necessarily require having children. This is certainly different from the concept of Islamic marriage, whose main purpose is to have children, as desired by the Prophet Muhammad, who was proud of the large Muslim population, in addition to other additional purposes for happiness and peace of mind. This study uses the library research method with written data sources obtained from books, journals, newspapers, and so on. The analysis was conducted using a qualitative approach. The findings of this study show that the childfree phenomenon is caused by, among other things, the desire to be free from the burden of raising children, economic burdens, childhood trauma, and the desire to have fun in marriage. Childfree behavior is a form of misunderstanding of Islamic marriage law. The primary (ashliyah) purpose of Islamic marriage is to have children in order to preserve the continuity of the generation (hifzh al-nasl), in addition to the complementary purpose of obtaining pleasure and happiness. Prioritizing the complementary purpose of marriage over the primary purpose is permissible if there are significant sharia reasons, such as the threat to a person's life if she becomes pregnant.

Payment of Half the Marriage Dowry to Traditional Leaders in the Batak Angkola Community from Islamic Law Perspective

2025-12-30T05:17:40+07:00

The distribution of a portion of the dowry (mahr) to customary leaders in marriage had long been a tradition among the Angkola Batak community. When examined in relation to Islamic provisions on dowry, this tradition appeared to lack a strong normative foundation. This study aimed to examine the customary system practiced by the Angkola community regarding the allocation of part of the dowry to customary leaders and to analyze this tradition from the perspective of Islamic law. The research employed a field research method, with primary data obtained directly from customary leaders and members of the Angkola Batak community, while secondary data were drawn from books, journals, and other relevant sources. The findings indicated that every woman who married was required to undergo a customary ceremony involving several traditional leaders as a means of honoring her marriage. The funds given to these customary leaders were taken from the marriage dowry that had previously been provided by the prospective husband. From the perspective of Islamic law, the allocation of a portion of the dowry as customary payment did not contradict Islamic legal principles and could be categorized as valid custom (‘urf sahih).

The Moral Crisis Among Adolescents Caused by Negative Content from Digital Influencers: Analysis of Maqashid Sharia

2025-12-30T15:39:15+07:00

The dissemination of amoral and value-free content by digital influencers triggered a moral crisis among adolescents, particularly in the context of social media consumption. This study examined how Islamic law, specifically through the maqashid sharia approach, viewed the phenomenon of negative content dissemination and its impact on the moral decline of the younger generation. The study aimed to analyze the legal status of content creators who promoted amoral behavior, the responsibility of adolescents as consumers of such content, and the implementation of the principle of hifz al-nasl in the digital era. This research employed a normative qualitative method with a literature-based approach, referring to both classical and contemporary Islamic legal sources. The findings indicated that the dissemination of destructive content was categorized as fasad and fell under the prohibition of ifsa al-fahisha (the spread of immorality), which Islamic law strongly condemned. Adolescents who passively consumed such content were also not free from moral and legal responsibility. The study concluded that protecting future generations required collective action from the legal system, society, and regulatory mechanisms to ensure that digital spaces did not undermine the moral integrity of the Muslim community. When interpreted contextually, the principle of hifz al-nasl provided a comprehensive framework for safeguarding intergenerational morality in response to the challenges of digital reality

The Establishment of an Islamic State from Fiqh Siyasah Perspective: A Normative Study of the Quran

2025-12-29T14:12:13+07:00

This study examined the concept, legal framework, and normative foundations of establishing an Islamic state from the perspective of Islamic law by referring to the Quran, Hadith, fiqh siyasah, and the views of classical and contemporary scholars. The research was motivated by ongoing debates concerning the relationship between Islam and the state, particularly the demands of certain Muslim groups for the establishment of an Islamic state or khilafah within the context of the modern nation-state. The study employed a normative-qualitative method through library research, utilizing thematic Quranic interpretation, Hadith analysis, and a comparative review of the political thoughts of al-Mawardi, al-Ghazali, Ibn Taymiyyah, al-Maududi, and an-Nabhani. The findings indicated that the Quran and Hadith did not prescribe a specific form of state but emphasized fundamental principles of governance, including justice (al-‘adl), consultation (al-shura), trustworthiness (amanah), equality, law enforcement, and public welfare (maslahah). From the perspective of Islamic law, the establishment of a state was regarded as a collective obligation (fardhu kifayah) to ensure the implementation of amar ma‘ruf nahi munkar and the realization of Islamic legal objectives. The Islamic state was understood as a political institution aimed at upholding the maqasid al-sharia, rather than merely representing a formal religious authority. Moreover, the establishment of any state, including an Islamic state, was required to fulfill constitutive and declarative elements recognized in constitutional law, such as population, territory, sovereignty, constitution, and international recognition.

Reactualization of the Concept of Balad in Friday Prayer in the Shafi'i Scholars

2025-12-29T14:29:02+07:00

The Friday prayers in the Shafi'i Madhhab must be performed in one place within a certain area (balad) unless there is a valid shar'i necessary. This is to maintain community unity and orderly worship. However, contemporary social changes such as population growth, urbanization, territorial expansion, and the spread of mosques have challenged the classical application of the concept of balad and raised issues related to ta?addud al-jumu?ah. This study examines how the concept of balad in the Shafi'i Madhhab can be understood and applied in modern social conditions. This research aims to analyze the Shafi'i legal perspective on balad and recontextualize it in response to contemporary realities. This study uses a qualitative descriptive method with content analysis from classical Shafi'i sources, including al-Umm, Raudhah al-Thalibin, ?ashiyah al-Bajuri, and I?anah al-Thalibin, as well as relevant secondary literature. The results show that the Shafi'i Madhhab emphasizes the unity of Friday prayers in one balad, and that when Friday prayers are performed in several places without a valid shar'i need, only the first prayer is considered valid. However, some Shafi'i scholars, such as Ibn ?Ujayl, allow for flexibility by considering administrative boundaries, congregation capacity, and public interest (mashlahah), indicating the need for contextual interpretation without departing from the core principles of the school of thought.

Islamic Jurisprudence on Digital Sale Contracts: Validity, Gharar, and Consumer Protection in Indonesian Marketplace Platforms

2026-05-24T21:03:39+07:00

The rapid expansion of digital commerce in Indonesia has created critical jurisprudential gaps: although DSN-MUI Fatwa No. 146/DSN-MUI/XII/2021 formally recognizes online transactions, substantive questions regarding the operationalization of taradi (mutual consent), the classification of digital gharar (contractual uncertainty arising from incomplete information, misrepresentation, or procedural opacity), and effective Muslim consumer protection mechanisms remain inadequately resolved in the existing fiqh literature. This study has two objectives: first, to examine the validity of digital sale contracts (ijab-qabul, majlis al-’aqd, and bay’ al-ma’dum in pre-order and dropshipping schemes) within the framework of Islamic commercial jurisprudence (fiqh al-mu’amalah al-mu’ashirah); and second, to analyze the typology of digital gharar (informational, visual, and procedural) and formulate a digital khiyar protection model as a consumer-protection mechanism on Indonesian marketplace platforms. The study employs a normative-juridical approach combining analysis of classical fiqh texts, contemporary fatwas, and recent academic studies on digital Islamic commerce. The findings yield two original theoretical contributions: (1) reconceptualization of majlis al-?aqd as a continuous, verified virtual transactional space (al-majlis al-iftiradi); and (2) a tripartite typology of digital gharar informational, visual, and procedural integrated with a structured digital khiyar protection model that extends classical doctrine to forms of commercial uncertainty native to digital ecosystems. The study concludes that online sales are conditionally permissible (al-ibahah al-muqayyadah), subject to fulfillment of transparency, deliverability, and absence of manipulative elements, while gharar kathir, tadlis, and riba remain prohibited.

Nigeria’s Crisis of Priorities: What Fiqh al-Awlawiyyat Teaches About Governance Failure

2026-05-23T08:19:47+07:00

Nigeria’s governance challenges are often explained through corruption, weak institutions, and limited resources. While these factors are significant, they do not sufficiently account for a deeper structural problem, the consistent misordering of national priorities. This paper examines this issue through the framework of Fiqh al-Awlawiyyat (jurisprudence of priorities), a principle in Islamic legal theory that emphasizes the ranking of actions according to necessity and public benefit. Drawing on the maqasid al-shari'ah hierarchy of daruriyyat (necessities), hajiyyat (needs), and tahsiniyyat (embellishments), the paper argues that many governance decisions in Nigeria reflect a persistent inversion of priorities. Resources are frequently directed toward highly visible or politically attractive projects, while foundational sectors such as healthcare, education, electricity, and rural infrastructure remain underdeveloped. The study adopts a qualitative conceptual approach, relying on policy patterns and infrastructural development trends to illustrate this imbalance. It identifies a clear legal and normative gap in Nigerian public finance law, specifically the lack of an ethical framework for guiding the prioritization of public expenditure. This study explicitly fills this gap by demonstrating that Fiqh al-Awlawiyyat provides a structured normative framework capable of guiding public resource allocation in line with the maqasid al-shari'ah.The paper concludes that governance reform in Nigeria requires not only institutional restructuring but also a principled ethical framework for prioritization that consistently places essential human welfare above symbolic or prestige driven projects.