JISH: Jurnal Ilmu Syariah dan Hukum

Tinjauan Hukum Islam, HAM dan Konstitusi terhadap Perkawinan Beda Kasta di Masyarakat Adat Ammatoa

Rudianto Amir — 2026-03-30

This study examines the prohibition of inter-caste marriage in the indigenous community of Ammatoa Kajang in Bulukumba, South Sulawesi, from Islamic law, human rights (HAM), and the Indonesian constitutional perspectives. Rooted in pasang ri Kajang, this tradition emphasizes lineage purity and social honor, but often results in discrimination against noble women (puang) marrying men from lower classes (ata). Using descriptive qualitative methods, the study reveals tensions between exclusive customary norms and egalitarian principles in Islamic and constitutional law. Findings highlight the need to revitalize Ammatoa customary law to preserve cultural identity while aligning it with justice, equality, and respect for fundamental human rights. This study contributes significantly to legal pluralism discourse, protection of individual rights, and cultural respect within national law development.

Analisis Hukum Islam terhadap Praktik Denda Keterlambatan pada Sistem Pembayaran Paylater di E-Commerce

Reva Velisya — 2026-03-30

The development of financial technology (fintech) has transformed public consumption patterns with the emergence of deferred payment features or "PayLater," such as Shopee PayLater. Although offering convenience, this practice has sparked serious debate within the perspective of Islamic economic law regarding the legality of the contract and its impact on consumer behavior. This study aims to analyze the transaction mechanism of Shopee PayLater and formulate risk mitigation solutions to ensure compliance with Sharia principles. The research method used is qualitative with a library research approach, referring to DSN-MUI fatwas and contemporary fiqh muamalah literature. The results indicate that the current Shopee PayLater mechanism contains elements of Riba Nasi'ah and Riba Jahiliyah due to the imposition of interest and penalties on top of the principal debt in the Qardh contract. As an alternative solution, this study recommends restructuring the contract into Murabahah (sale and purchase) or Ijarah (service lease) to eliminate usury elements, as well as diverting late penalty funds as social funds (qardh al-hasan). Furthermore, from the consumer side, strengthening financial literacy and cultivating the attitude of Qana'ah are necessary to mitigate impulsive behavior and debt traps. This study concludes that Islam not only prohibits usurious practices but also offers solutive pathways for the digital economic ecosystem.

Rukshah Yang Merusak Makna Perkawinan

Zulfiqar Bhisma Putra Rozi — 2026-03-30

Rukshah is defined as a concession in carrying out Islamic law by observing certain conditions. The legal consequence for someone who receives rukshah is that they are permitted to refrain from or do something that is essentially contrary to sharia. Currently, there is a phenomenon of mut'ah marriage among Indonesian Muslims. Historically, the basis for its validity is that Mut'ah Marriage is considered one of the rukshah in marriage, which is still debated regarding its permissibility and legality. This study uses a normative juridical method with a conceptual and historical approach to examine the true meaning or essence of the concept of rukshah so that it can answer whether current conditions can still be categorized as rukshah for performing mut'ah marriage. The results of the study show, using the principle of maqasid al syari'ah, that rukshah can only be given in emergency situations to maintain the public interest and the current condition cannot be interpreted as an emergency, so it is forbidden to perform mut'ah marriage.

Paradigma Biodiversitas dalam Kerangka Legal-Etis-Teleologis

Nurul Islami — 2026-03-30

The biodiversity crisis in the anthropocene era demands a reconstruction of the environmental law paradigm that goes beyond anthropocentric logic. This study comparatively examines the biodiversity protection paradigm within a legal-ethical-teleological framework by integrating the positive legal norms of Law No. 32/2009 concerning Environmental Protection and Management with the principles of environmental fiqh (fiqh al-bi’ah). This research method uses a normative juridical approach with statutory, conceptual, and comparative approaches.The results of the research indicate that there are points of agreement and disparities between Law 32/2009 and the MUI Fatwa No. 4/2014 both emphasize the importance of protecting ecosystems for the sake of the balance of life, but with different approaches. The Environmental Management and Management Law (UU PPLH) is normative-instrumental (anthropocentric), while the fatwa emphasizes the moral-religious obligation to preserve living creatures. This study's novel approach is a tridimensional legal, ethical, and teleological framework that synergizes positive legal norms with Islamic ethical values and the objectives of maqashid (environmental stewardship). With this research, the concept of maqashid sharia, specifically hifa al-bi'ah (environmental preservation), is proposed as a normative-teleological foundation for reconstructing national environmental law with ecological justice

Kafā’ah dalam Perspektif Hadis Tunkahu al-Mar’atu li Arba’

Laela Safriani — 2026-03-30

Kafā’ah is one of the essential principles in Islamic marriage, functioning to maintain harmony and sustainability within the family. The hadith Tunkahu al-Mar’atu li Arba’, which explains four criteria for choosing a spouse-wealth, lineage, beauty, and religiosity-serves as a normative foundation for understanding this concept. This article aims to analyze the concept of kafā’ah from the perspective of the hadith Tunkahu al-Mar’atu li Arba’ and to examine the criteria for spouse selection in Islam based on scholarly interpretations. This study employs a qualitative method with a library research approach, utilizing data sources such as hadith collections, classical and contemporary Islamic scholarship, and relevant academic journal articles. Data analysis is conducted through data reduction, data presentation, and conclusion drawing. The findings indicate that the hadith Tunkahu al-Mar’atu li Arba’ is not intended to legitimize spouse selection based solely on material or outward aspects, but rather to describe human tendencies in choosing a partner. Scholars emphasize that religiosity is the most fundamental and decisive element of kafā’ah, while wealth, lineage, and beauty function as supporting factors. Therefore, the concept of kafā’ah in this hadith highlights the importance of balancing spiritual and social aspects in selecting a life partner to achieve a harmonious family grounded in Islamic values

Rasionalisasi Relasi Keluarga sebagai Faktor Perceraian menurut Pasal 116 KHI dan Undang-Undang No. 1 Tahun 1974

Nailu Najwa — 2026-03-30

The rationalization of family relations is a social phenomenon that has developed within modern household life and is often used as a basis for filing for divorce. Changes in the mindset of married couples, which emphasize rational considerations such as personal interests, role efficiency, and the perceived benefits of the relationship, have influenced the sustainability of the household. This study aims to examine the rationalization of family relations as a factor in divorce, as viewed from Article 116 of the Compilation of Islamic Law (KHI) and Undang-Undang Nomor 1 Tahun 1974 on Marriage. The research was conducted using a normative juridical method, which focuses on the study of statutory regulations. The findings indicate that although the rationalization of family relations is not explicitly stated as a ground for divorce in either the KHI or the Marriage Law, its substance is reflected in legal reasons such as continuous disputes and ongoing conflicts, as well as the failure of husband and wife to fulfill their marital obligations. This study emphasizes that changes in family relational patterns require a functional understanding so that the application of divorce law remains aligned with the objectives of marriage. Therefore, grounds for divorce should not be understood merely in a formal sense as stipulated in the applicable regulations, but also by taking into account the psychological, social, and relational dynamics underlying the breakdown of the family.

Praktik Mokitulung dan Mogogutat dalam Adat Bolaang Mongondow

Mohamad Hidayatullah A.K Husein — 2026-03-30

The mokitulung and mogogutat traditions are among the important elements of the Bolaang Mongondow customary practices that remain strongly preserved in Motoboi Kecil Village. These traditions are not merely forms of communal cooperation but also function as socio-economic mechanisms that help ease the financial burden of families during wedding and funeral ceremonies. From the perspective of Sharia Economic Law, these practices are particularly interesting to examine because they embody elements of ta’awun (mutual assistance). However, the reciprocal aspect found in mogogutat also requires further analysis to determine whether it constitutes tabarru’, hibah muqayyadah, or potentially involves prohibited elements such as riba or social coercion

Menakar Ulang Konsep Poligami dalam Perspektif Hadis

Syukri Syukri — 2026-03-30

This article reexamines the concept of polygamy in Islam through the perspective of hadith, focusing on the principles of justice and public welfare (maṣlaḥah). Polygamy is often understood in a legalistic manner as a male privilege, yet in practice it frequently generates gender injustice and social problems within the family. This study employs a qualitative library research method using a thematic (mawḍūʿī) approach to hadiths related to polygamy and justice in family relations. The data are analyzed through content analysis by considering both normative religious texts and contemporary social realities. The findings reveal that the hadiths of the Prophet Muhammad (peace be upon him) consistently emphasize justice and compassion as the fundamental requirements of polygamy, encompassing both outward responsibilities and moral-spiritual dimensions. Polygamy, therefore, is not an absolute right but a serious trust that can only be justified when it truly realizes justice and welfare. This study concludes that polygamous practices leading to injustice contradict the objectives of Islamic law (maqāṣid al-sharīʿah), and thus the interpretation of polygamy should shift from mere legal permissibility toward an ethical framework grounded in justice and mercy.