al-Mawarid Jurnal Syariah dan Hukum (JSYH)

ONLINE TA‘ĀRUF, DIGITAL VISUALIZATION, AND THE LIMITS OF VIEWING ‘AWRAH: A HADITH-BASED REINTERPRETATION IN ISLAMIC LAW WITHIN THE DIGITAL BETROTHAL PROCESS

Usman — 2026-02-26

Purpose - This study was motivated by the prevalence of online ta‘āruf practices that rely on the exchange of photos and visualizations of women's bodies, giving rise to debates about the limits of viewing the ‘awrah in Islamic law. This study aims to analyze this permissibility through a reinterpretation of the hadiths on khiṭbah and to formulate normative and ethical boundaries for viewing women's ‘awrah that are relevant to the characteristics of digital media in online ta‘āruf practices.

Methods - This qualitative study used a normative-contextual approach. Primary data were sourced from the Instagram social media account @taaruf. co.id as an online ta‘āruf service provider and khiṭbah hadiths. Secondary data included fiqh literature, hadith commentary, and contemporary studies on digital ethics and online ta‘āruf . Data analysis was conducted through tracing the 'illat (legal rationale), contextual reading, and normative-ethical analysis of online ta’aruf practices.

Findings – This study found a new form of online ta‘āruf practice characterized by repeated visual exchanges, image storage, and visual consumption that is not always accompanied by a clear commitment to marriage. The reinterpretation of the khiṭbah hadiths was carried out by repositioning the 'illat of the permissibility of seeing, from mere visual permissibility to a limited means for making the decision to marry and preventing future regret. Based on this repositioning, this study formulates normative boundaries for viewing women's ‘awrah that emphasize the connection between permissibility and the goal of marriage. This study reformulates the ethics of viewing women’s ‘awrah in online ta‘āruf, which includes respect for women's karāmah, moral responsibility, goal orientation, and self-control in the digital space.

Contribution/limitations - This study contributes to the development of contemporary Islamic legal ethics by offering a relational ethical framework for users and online ta‘āruf platforms, although it is still limited to normative studies and requires reinforcement through further empirical research.

THE DIALECTIC OF USURY AND LIQUIDITY NEEDS: AN ISLAMIC LEGAL REVIEW OF SHARIA BANK FUND PLACEMENTS IN CONVENTIONAL BANKS IN INDONESIA

Iib Hibaturohman — 2025-02-26

Purpose - This study departs from the normative problem of placing Islamic bank funds in conventional banks, which continues amid limited Islamic liquidity instruments, causing tension between the qaṭ‘ī prohibition of usury and the need for systemic liquidity in the dual banking system. This study aims to determine the extent to which the placement of Islamic bank funds in conventional banks is permissible under Islamic law and the limits of permissibility that can be maintained without reducing the principle of non-usury (ribā).

Method - This study uses a normative qualitative method based on fiqh and uṣūl al-fiqh analysis oriented towards maqāṣid al-sharī‘ah, with analysis techniques in the form of content analysis and comparative legal analysis of the views of contemporary scholars, DSN-MUI fatwas, and Indonesian and Financial Services Authority regulations.

Finding - The permissibility of fund placement can only be positioned as a temporary rukhsah based on ḥājah that is close to systemic emergency, with operational indicators in the form of the absence of adequate sharia liquidity instruments, time and nominal restrictions in proportion, non-interest schemes, and strict and continuous sharia supervision. The legitimacy of this permissibility is casuistic and contextual and cannot be normalized as a permanent practice in Shariah banking liquidity management. This study affirms a moderate-critical normative approach that acknowledges the regulatory reality in the dual banking system while still placing the non-usury principle and the principle of Sharia prudence as the main ethical-juridical boundaries in preventing the shift of Sharia principles in contemporary financial practices.

Contribution - This research contributes to the conceptual reformulation of temporary rukhsah as an operational legal category in contemporary fiqh al-mu‘āmalah and the strengthening of sharia liquidity instruments.

Limitations - The limitations of this research lie in its predominantly normative-conceptual basis of analysis, which is not yet supported by comparative empirical data across Islamic banking institutions.

HYBRID AUTHORITY AT THE INTERSECTION OF CONSTITUTION AND SHARIA: JURISDICTIONAL DILEMMAS AND THE ENFORCEMENT OF ISLAMIC FAMILY LAW IN NIGERIA

Abubakar Muhammad Jibril — 2026-03-05

Purpose – This study examines why the constitutional recognition of Sharia family courts in Nigeria has failed to resolve ongoing tensions over power, legitimacy, and jurisdiction, revealing a structural dilemma in which constitutional supremacy and Sharia authority coexist without meaningful integration.

Methods – This study uses a normative legal method based on doctrinal analyses. Primary data include constitutional provisions and legal instruments governing Sharia courts, while secondary data consist of established scholarly studies on Islamic legal theory, constitutional law, and legal pluralism. Data were analyzed using interpretive and analytical techniques to assess jurisdictional structures, sources of authority, and adjudication patterns.

Findings – These findings show that Islamic family law in Nigeria operates through a dual structure of constitutional legality and religious legitimacy, resulting in the persistent fragmentation of authority that produces doctrinal inconsistency, judicial minimalism, and institutional caution. Rather than offering a principled framework for coexistence, constitutional supremacy functions primarily as a mechanism of subjugation, placing Sharia family law in a state of formal validity but with normative uncertainty. Thus, the stability of Islamic family law does not arise from the resolution of conflicts of authority but rather from the ability of the judicial system to manage normative tensions through case-specific accommodations within a stable but conceptually fragile space of legal pluralism.

Research contribution/limitations – This study is limited to normative legal analysis and does not include empirical court data or litigants’ perspectives. Therefore, the conclusions cannot be generalized beyond doctrinal interpretations.

Originality/value – This study offers a conceptual reframing of Islamic family law as a semi-autonomous normative subsystem within the constitutional order, contributing to the debate on legal pluralism and religious courts.

BETWEEN JUDICIAL DISCRETION AND THE BEST INTERESTS OF THE CHILD: THE DILEMMA OF CHILD PROTECTION IN MARRIAGE DISPENSATION IN INDONESIA

Latifatus Zahra Az Zubaidi — 2026-03-05

Purpose – This study aims to analyze the normative paradox in the flexibility of marriage dispensations, which expands the subjectivity of judicial decisions due to the absence of substantive indicators of “urgent reasons” and parameters of the best interests of the child. In addition, this study examines the shift in the function of dispensations from the ultimum remedium to a response to social pressure. This study also evaluates its impact on the consistency of decisions and the effectiveness of the minimum age norm as an instrument of child protection.

Methods – This study used a qualitative method with a normative legal approach. The research data consist of primary and secondary legal materials selected purposively based on their relevance and authority, with a focus on legal norms and judicial considerations related to marriage dispensation.

Findings – This study confirms the existence of a normative paradox in the flexibility of marriage dispensation in Indonesia, where the mechanism, originally designed as a limited correction to the minimum age limit, has instead expanded the scope for subjectivity in judicial practice due to the absence of indicators regarding compelling reasons and operational parameters in the best interests of the child. This has resulted in inconsistent decisions and weakened child protection. Furthermore, the functional shift of dispensation from ultimum remedium to a response to social pressure has blurred the boundaries and has the potential to shift the law from an instrument of protection to a means of legitimizing child marriage practices.

Research contribution/limitations – This study offers a conceptual framework for reorienting the practice of marriage dispensation towards child protection and substantive justice. However, this study does not fully accommodate the empirical perspectives of those directly affected by the disaster.

Originality/value – The novelty of this study is that it positions marriage dispensation as a structural issue in family law, emphasizing the need for more accountable regulatory standards and judicial guidelines for the protection of children and justice.

DEVELOPING HALAL TOURISM BASED ON TRADITIONAL CULINARY HERITAGE: AN ISLAMIC LAW AND SWOT ANALYSIS OF CERTIFICATION COMPLIANCE IN TANGERANG, INDONESIA

Abdul Rachman — 2026-03-05

Purpose – This study aims to analyze the gap between the economic potential of traditional cuisine in the halal tourism ecosystem and the level of compliance of business actors with certification requirements, as stipulated in the Halal Product Guarantee Law. This study also examines the factors influencing the halal tourism ecosystem and halal guarantees among business actors in Laksa Tangerang.

Methods – This study used a qualitative descriptive method with a normative juridical approach. The analysis was conducted by linking the culinary practices of Laksa Tangerang with SWOT analysis and halal product assurance regulations in Indonesia. Data were obtained through observations in the culinary tourism area in Laksa Tangerang, interviews with Laksa vendors, visitors, and the local community, and relevant literature.

Findings – This study shows that the stagnation of halal culinary growth in Laksa Tangerang is caused by multidimensional structural constraints, including limited innovation, weak segmentation and promotion, and governance issues. The SWOT analysis identified several strategic strengths that position Laksa Tangerang as a potential hub for halal tourism development. From an Islamic law perspective, its integration into the halal tourism ecosystem requires formal halal certification as a Halal Product Guarantee, so that halal assurance is institutionalized in a credible manner. Therefore, strengthening halal literacy, expanding certification, and improving governance are prerequisites for transforming Laksa Tangerang into a competitive and sustainable halal culinary tourism destination.

Research contribution/limitations – This study contributes to providing space for the actualization of sharia values in local economic practices and offers a contextual and applicable SWOT analysis framework.

Originality/value – This research offers a new perspective on integrating traditional culinary heritage into the Islamic legal framework in a contextual manner, thereby offering a model for sustainable Halal tourism development.

WIVES’ RIGHT TO PURSUE A CAREER IN ISLAMIC FEMINISM: AN EPISTEMOLOGICAL ANALYSIS OF GENDER JUSTICE IN CONTEMPORARY RELIGIOUS DISCOURSE

Andhika Pratama — 2026-03-03

Purpose – This article aims to conduct a comparative analysis of the epistemology of gender justice in the thoughts of Husein Muhammad and Faqihuddin Abdul Kodir, particularly in formulating the theological and ethical legitimacy of women's rights to pursue a career after marriage, as well as assessing the contribution of both their thoughts to the renewal of religious understanding in Indonesia.

Methods – This study used a comparative approach to the thoughts of Husein Muhammad and Faqihuddin Abdul Kodir and a comparative epistemology. Primary data were obtained from the works of these two figures. Secondary data were obtained from relevant sources. The data were analyzed through a critical reading of the epistemological approach, argumentation patterns, and normative implications of each thought.

Findings – The study found that both figures affirm women's right to a career as part of the principles of justice and reciprocity in Islam but through different epistemological paths. Husein Muhammad emphasizes historical-epistemological criticism of patriarchal fiqh constructions, while Faqihuddin Abdul Kodir develops the mubādalah methodology as an applicable relational ethic. These differences do not negate each other, but rather enrich the plural and dynamic discourse of Islamic feminism. Both epistemologies have real transformative power when translated into family law discourse, public policy, and social practices in Indonesia, although their implementation still faces cultural resistance and regulatory structures that are not yet fully gender-responsive.

Research contribution/limitations – This research contributes to the provision of a theoretical and argumentative framework that can be used to formulate a discourse of moderate gender justice rooted in the Islamic intellectual tradition.

THE DILEMMA OF PRODUCTIVE WAQF: INSTITUTIONAL STRENGTHENING OR DISTRIBUTION PUBLIC WELFARE? ANALYSIS AT THE SYUHADA GRAND MOSQUE FOUNDATION IN YOGYAKARTA

Muhammad Azkia Pasya — 2026-03-05

Purpose – This study aimed to analyze the implementation of productive waqf at the Syuhada Grand Mosque Foundation (YASMA) in Yogyakarta using the maqāṣid al-sharīʿah perspective with a systems approach. The analysis focuses on evaluating waqf governance, compliance with regulations, the mechanism for distributing benefits, and their impact on community welfare.

Methods – This study uses a qualitative approach with a case study on the management of productive waqf at the Syuhada Grand Mosque Foundation in Yogyakarta. Research data were obtained through documentation, observation, and interviews with waqf managers. The collected data were analyzed descriptively and analytically using a system-based maqāṣid al-sharīʿah framework.

Findings – The results of the study show that productive waqf at YASMA is managed in the form of cash waqf and land waqf focused on the construction and development of infrastructure, such as the Syuhada Center, Islamic Educational Institutions, and Dormitories. Waqf management contributes to institutional sustainability, but it is still internal in nature and does not provide broad economic benefits to the surrounding community. The practice of waqf management is carried out through the principles of openness and multidimensionality by simultaneously integrating the objectives of Sharia (Islamic law), social, and economic aspects. However, the utilization of waqf still tends to be oriented towards strengthening internal institutions (protective-institutional) and has not yet fully developed into a model of social transformation that expands the distribution of community welfare (maqāṣid 'amah).

Research contribution/limitations – This study offers a more comprehensive community-based model of waqf institutional governance, benefit distribution, and its impact on community welfare. The limitations of this study lie in the case studies of local institutions; therefore, the findings cannot be fully generalized.

Originality/value – This study provides added value by presenting an empirical analysis of productive waqf management based on mosques and its contribution to social welfare.

HYBRID IJTIHĀD AND THE DILEMMA OF PUBLIC INTEREST: THE DYNAMICS OF APPLYING IJTIHĀD THEORY IN MUI FATWAS ON UNREGISTERED MARRIAGES AND CHILD MARRIAGES

Mukhlisah Amin — 2026-03-08

Purpose - This study examines the practical application of theories of ijtihad in the fatwas of the Indonesian Ulema Council (MUI), focusing on the issues of unregistered marriages and child marriage, as well as their impact on the diversity of legal arguments and the consistency of fatwa outcomes. Additionally, this study evaluates the extent to which the maqāṣid al-sharī‘ah approach is operationalized in addressing contemporary social problems.

Methods - This study is a literature review employing a normative-doctrinal approach. The primary data included MUI Fatwa No. 10 of 2008 on unregistered marriages and the 2009 Ijtima’ Ulama Decision on child marriage. Analysis was conducted using content analysis and critical interpretation of the fatwa text, supported by classical fiqh literature, contemporary usūl al-fiqh, and the maqāṣid al-sharī’ah framework.

Findings - This study found that the MUI applies a hybrid approach that combines taqlīd toward classical fiqh and collective ijtihād based on considerations of the public interest. Although the MUI acknowledges the negative social impacts of unregistered and underage marriages, its fatwas continue to sanction these practices based on the opinions of classical Islamic scholars, resulting in key concepts such as harm, maturity, and the public interest not being defined with sufficient clarity. Consequently, the application of maqāṣid al-sharī’ah in fatwas tends to be normative-formalistic and insufficiently responsive to the complexities of contemporary reality.

Contributions/limitations of the study - This study contributes to the discussion of Islamic legal reform by critically evaluating the methodology of MUI fatwas. The study’s limitation is its reliance on secondary data without empirical field research.

Originality/value - This study offers an original analysis of the application of ijtihād and maqāṣid al-sharī’ah theories and underscores the urgency of a more dynamic and contextual approach to Islamic law.

MAṢLAḤAH, TRANSPARENCY, AND ASSET PROTECTION: A STUDY OF INVESTOR PROTECTION IN THE ISLAMIC CAPITAL MARKET WITHIN CONTEMPORARY SHARIA FINANCIAL FATWAS

Muhammad Fahmi Ardian — 2026-03-11

Purpose - This study aims to analyze the construction and application of the principles of maṣlaḥah, transparency, and asset protection in contemporary Islamic finance fatwas, with a focus on DSN-MUI Fatwa No. 157/DSN-MUI/A/IU/2024 regarding the protection of investor assets in the Islamic capital market. This study evaluates how the limits of maṣlaḥah according to Sheikh Said Ramadhan al-Bûthî are operationalized within the normative framework of fatwas, as well as their implications for strengthening the principles of transparency and investor protection.

Methods - This research is a literature review employing a descriptive-analytical approach. The primary sources consist of the text of DSN-MUI Fatwa No. 157/DSN-MUI/A/IU/2024 and the work of al -Bûthî, namely “Dhawâbith al-Maslahah fi al-Syari‘ah al-Islamiyyah,” which are analyzed based on the five parameters of maṣlaḥah and the principle of ḥifẓ al-māl within the framework of the maqashid al-shari‘ah.

Findings - DSN-MUI Fatwa No. This is reflected in regulations that emphasize the segregation and protection of investor assets, the strengthening of transparency principles in fund management, and oversight of potential deviations. This fatwa explicitly closes loopholes in practices leading to usury (riba), uncertainty (gharar), market manipulation, and other forms of injustice toward investors. This fatwa explicitly closes loopholes in practices leading to usury (riba), uncertainty (gharar), market manipulation, and other forms of injustice toward investors. The principle of ḥifẓ al-māl (protection of wealth) serves not only as a normative goal but also functions as an ethical and legal foundation for building an accountable and sustainable asset protection system. These findings indicate a shift from a normative approach toward a more applied approach in the formulation of contemporary Islamic financial fatwas.

Contribution/limitations - This study bridges the gap between classical maṣlaḥah theory and modern financial practices. However, it remains normative in nature and has not yet been empirically tested.

Originality - This study offers an original perspective on understanding the relevance of classical thought as a moral and legal foundation for strengthening the Islamic capital market system.

BETWEEN SHARIA ARBITRATION AND RELIGIOUS COURTS: JURISDICTIONAL CONFLICT AND JUDICIAL CONSIDERATIONS ON ARBITRATION CLAUSES IN SUPREME COURT DECISIONS

Muhammad Fakhril Umam — 2026-03-11

Purpose - This study aims to analyze the conflict of jurisdiction between the National Sharia Arbitration Board (Basyarnas) and the Religious Courts in the resolution of sharia economic disputes, particularly regarding the effectiveness of arbitration clauses when such institutions are not structurally available in certain regions. The focus of the study is directed at the judges’ legal considerations in Supreme Court Decisions No. 159 K/Ag/2021 and No. 175 K/Ag/2021.

Methods - The research employs a normative legal method using a statutory and case study approach, focusing on Supreme Court Decisions No. 159 K/Ag/2021 and No. 175 K/Ag/2021. The analysis utilizes Friedman’s legal system theory and Radbruch’s legal objectives to examine the rationality of the judges’ considerations.

Findings - The results of this study found that the structural absence of Basyarnas in a region constitutes the primary ratio decidendi for judges to assume adjudicatory authority. Within Friedman’s framework, there is an interaction between the limitations of the legal structure and a responsive legal culture, which prompts judges to engage in legal discovery through the interpretation of Article 1344 of the Civil Code. Based on Radbruch’s conceptual framework, the judge’s legal balancing, in its implications, incorporates legal objectives within a framework aimed at achieving substantive justice for the aggrieved party; the utility-oriented nature of the decision provides practical benefits for the disputing parties; and certainty ensures that regulations are clearly formulated and not open to multiple interpretations, thereby providing legal certainty for the litigants as subjects of law.

Research contribution/limitations - This study is limited to a normative analysis of specific cases; therefore, generalizations are limited.

Originality/value - This study demonstrates that under conditions of institutional limitations, judges tend to prioritize substantive justice and the effectiveness of dispute resolution over formal legal certainty