Jurnal Syariah, Hukum, dan Ekonomi Islam

The The Legal Ruling on the Sale of Animal Manure in the Shāfiʿī and Ḥanafī Schools of Islamic Law

2025-12-29T23:20:47+07:00

Artikel ini mengkaji praktik perdagangan kotoran hewan (najāsah) sebagai pupuk organik dari perspektif mazhab fiqih Syafi'i dan Hanafi. Studi ini menemukan bahwa transaksi semacam itu banyak dipraktikkan di Kabupaten Temanggung, di mana kotoran hewan umum digunakan untuk memupuk berbagai tanaman pertanian. Terlepas dari prevalensinya, praktik ini telah menimbulkan perdebatan ilmiah. Imam al-Syafi'i berpendapat bahwa penjualan zat najis (al-najāsah) tidak sah, karena objek penjualan harus suci (ṭāhir). Namun, para ahli hukum Syafi'i kemudian (al-Syafi'iyyah) mengusulkan pendekatan alternatif dengan mengizinkan pengalihan kepemilikan zat najis melalui perjanjian berbasis pertukaran yang tidak merupakan kontrak jual beli formal (ʿaqd al-bayʿ). Sebaliknya, mazhab Hanafi memperbolehkan penjualan barang najis dengan alasan barang tersebut memiliki manfaat nyata dan berguna (manfa'ah). Berdasarkan perspektif hukum tersebut, penelitian ini menyimpulkan bahwa perdagangan pupuk kandang di Kabupaten Temanggung sah secara hukum, sesuai dengan pendapat mazhab Hanafi dan pendapat para ahli hukum Syafi'i yang memperbolehkan transaksi yang melibatkan zat najis yang menghasilkan manfaat praktis.

The Implementation of Child Custody After Divorce in Nglorog Village, Temanggung

2025-12-29T23:40:40+07:00

This study examines post-divorce child custody (ḥaḍānah) practices in Nglorog Village, Pringsurat District, Temanggung Regency, from the perspective of Maqāṣid al-Sharīʿah. Divorce is often regarded as a last resort for couples facing irreconcilable marital conflict; however, it entails significant consequences for children, who are particularly vulnerable to psychological distress, declining academic performance, and social challenges. Therefore, examining child custody arrangements is essential to safeguarding children’s welfare and future well-being. In Islamic law, Maqāṣid al-Sharīʿah emphasizes the protection of five fundamental values: religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). In the context of child custody, the protection of life, intellect, and lineage is particularly relevant. This research employs a qualitative descriptive approach, with data collected through in-depth interviews involving religious leaders, village officials, divorced parents, and local social institutions. The findings reveal that divorce has complex impacts on children, especially when post-divorce parenting is inconsistent or unbalanced. Nevertheless, several stakeholders have sought to incorporate Maqāṣid al-Sharīʿah values in determining custodial arrangements by prioritizing children’s best interests, emotional stability, and education. Accordingly, Maqāṣid al-Sharīʿah functions not only as a normative Islamic legal framework but also as an ethical foundation for ensuring fair and proportionate child custody practices after divorce.

The culture of prewedding photography in the religious and social perspectives of the Lungge Village community, Temanggung

2025-12-30T05:46:11+07:00

This study examines the practice of prewedding photography in Lungge Village and analyzes it from the perspectives of Islamic law and culture. Prewedding photography, as a modern cultural phenomenon, has emerged alongside technological advancement and globalization and has become part of the process leading to marriage for some members of society. This research employs a qualitative approach using interviews and literature review to explore the background, objectives, and views of the community and religious scholars regarding prewedding photography. The findings indicate that the people of Lungge Village engage in prewedding photography for various purposes, including documentation, public announcement, complementing wedding invitations, and adapting to contemporary trends. Nevertheless, prewedding photography is not regarded as obligatory or recommended, but rather as optional. From the perspective of Islamic law, scholars from Nahdlatul Ulama, Muhammadiyah, and local religious figures generally consider prewedding photography to be mubāḥ (permissible). However, its legal status may change to ḥarām (prohibited) if the practice violates Islamic principles, such as exposing awrah, physical contact, khalwat (seclusion), or intimate poses between prospective spouses prior to a valid marriage contract. Therefore, prewedding photography is viewed as conditional and must be carried out with caution (iḥtiyāṭ), in accordance with Islamic ethics, and with objectives that do not lead to harm. This study concludes that prewedding photography, as a product of modern cultural acculturation, may be accepted in Islam as long as it does not contradict Islamic values and continues to uphold the sanctity of marriage as an act of worship.

Analysis of Decision No. 568/Pdt.G/2020 on Arrears of Maintenance in a Divorce Lawsuit from the Perspective of Islamic Law

2025-12-30T08:28:06+07:00

This study examines the Decision of the Temanggung Religious Court No. 568/Pdt.G/2020/PA.Tmg concerning arrears of maintenance in a divorce lawsuit, which arises from household problems caused by the husband’s neglect of maintenance obligations during a period of living separately. Economic difficulties constitute the dominant factor triggering marital conflict and ultimately leading to divorce, thereby giving rise to the wife’s claim for arrears of maintenance. This research aims to analyze the judges’ legal considerations in deciding the case and to assess their conformity with the principles of Islamic law. The research method employed is a normative–juridical approach, with data collected through library research on court decisions, statutory regulations, the Compilation of Islamic Law, legal doctrines, and relevant Islamic legal literature. Data analysis is conducted using a descriptive–qualitative method by examining legal norms and judicial considerations.The findings indicate that maintenance is positioned as a husband’s obligation that does not lapse despite living separately, and failure to fulfill this obligation results in legal consequences in the form of arrears of maintenance that may be claimed by the wife. This decision is in line with the principles of justice in Islamic law and strengthens the protection of the wife’s economic rights. This study is expected to contribute to the development of Islamic family law studies and to increase public awareness of the importance of maintenance responsibilities within the household

The Tradition of Redeeming Twin Children of Newlyweds

2025-12-25T13:13:52+07:00

This study examines the Tebus Anak Kembar Pengantin tradition practiced in Kertosari Village, Jumo District, Temanggung Regency, from the perspectives of Islamic law and local custom (‘urf). Employing a qualitative approach with a socio-legal method, the research is based on field data collected through interviews, observation, and documentation involving community leaders, religious figures, and local residents. The findings reveal that the tradition is a form of living local wisdom rooted in Javanese culture, carried out through symbolic rituals such as family deliberation, collective prayers, the symbolic transfer of redemption money, and child caregiving by an adoptive family. Sociologically, the practice aims to strengthen kinship ties, maintain social harmony, and promote collective responsibility in child upbringing. From an Islamic legal perspective, the tradition is acceptable insofar as it is understood as kafālah (child guardianship) rather than a transaction involving the sale of a child, as it does not alter lineage (nasab) and emphasizes intentions oriented toward public benefit (maṣlaḥah). Within the framework of ‘urf, the tradition may be classified as ‘urf ṣaḥīḥ, provided that it does not contradict sharīʿah principles. However, the study also identifies challenges related to Indonesian positive law, particularly the absence of formal adoption procedures, which may result in legal uncertainty regarding the child’s status. Therefore, the study underscores the need for legal awareness and guidance to harmonize the preservation of local tradition with the principles of Islamic law and child protection

The Child Maintenance Rights of Orphans from the Perspective of Islamic Law and Positive Law

2025-12-30T09:43:21+07:00

Fulfilling a child’s right to maintenance constitutes both a legal and moral obligation of parents, as stipulated in Indonesian law and Islamic legal principles. Nevertheless, empirical realities reveal persistent neglect of children by biological fathers, particularly in terms of financial and emotional support. This study examines a case from Kebonagung Village, Tegalrejo District, Magelang Regency, in which a child was deprived of maintenance and legal recognition for more than two decades despite the absence of a legally dissolved marriage. This condition exposes a significant gap between normative legal provisions and their practical enforcement, underscoring structural weaknesses in the protection of children’s rights within the domestic sphere. As a consequence, such children occupy a vulnerable legal position and may be classified as “passive orphans,” referring to children whose parents are legally alive but fail to fulfill their maintenance obligations. This article argues for the urgency of strengthening legal protection mechanisms and enhancing the role of the state in ensuring the effective realization of children’s non-negotiable right