Al-fiqh

Pertambangan Nikel di Raja Ampat Perspektif Hukum Positif dan Hukum Islam

Tasya Almutia Ramadani, Nur Mumtahana, Sahruni, Kurniati — Wed, 31 Dec 2025 00:00:00 +0000

Raja Ampat as the center of world marine biodiversity faces serious threats from nickel mining, including sedimentation, air pollution, ecosystem damage, and socio-economic impacts on coastal communities, thus creating a conflict between positive legal regulations that grant mining permits and Islamic legal principles on environmental conservation. This study aims to identify marine and terrestrial environmental phenomena resulting from the presence of mining in Raja Ampat, analyze the mechanisms of positive legal regulations in managing these impacts, and explore Islamic legal perspectives and solutions to formulate integrative policy recommendations. Using a qualitative normative juridical approach through secondary data literature study with comparative content analysis and source triangulation, the study found that PT Gag Nikel's activities caused net deforestation of 52.42 hectares, coral bleaching of up to 70%, heavy metal pollution that threatens the food chain, and the loss of fishermen's livelihoods; positive law shows the inconsistency of old regulations with the prohibition of mining on small islands, while Islamic law emphasizes the principle of caliphate, the prohibition of facade fi al-ard, la dharar wa la dhirar, and Maqashid Syariah to encourage conservation management such as ecotourism and sustainable fisheries. In conclusion, the integration of both legal frameworks can produce operational policies to stop mining exploitation, prioritize ecosystem preservation, and ensure the welfare of local communities, with implications for sustainable collaborative governance in conservation areas.

Konvergensi dan Divergensi Penentuan Awal Waktu Asar dan Isya: Analisis Komparatif Imam 4 Mazhab

Yusuf Nasrul Wathon — Fri, 16 Jan 2026 00:00:00 +0000

Prayer is a time-bound act of worship (muwaqqat) whose validity depends on its timely performance, which is determined by the position of the sun. This research examines the points of convergence and divergence in determining the start times for the Asr and Isha prayers according to the four major schools of Islamic jurisprudence: Hanafi, Maliki, Shafi'i, and Hanbali. Using a qualitative library research method with a descriptive-comparative approach, this study analyzes the roots of jurisprudential disagreement (ikhtilaf) in the methodology of interpreting evidence (istinbath al-hukm) and translates qualitative legal criteria into quantitative astronomical parameters. The results show that the divergence in Asr time is rooted in differing interpretations of hadith regarding the length of an object's shadow—one times its length (Jumhur/majority) versus two times (Hanafi). Meanwhile, the difference in Isha time stems from a lexical and juridical polemic over the definition of syafaq whether it refers to the red twilight (al-syafaq al-ahmar) or the white twilight (al-syafaq al-abyad). A computational analysis for Surabaya on April 1, 2022, reveals a significant time difference for Asr (approximately 62 minutes) and a more moderate difference for Isha (12 minutes), highlighting the practical implications of these jurisprudential distinctions.

Islam and Local Cultural Acculturation in the Indonesian Archipelago

Purnamasari, Sami Barkah — Fri, 20 Mar 2026 00:00:00 +0000

The acculturation of Islam with local cultures in the Indonesian archipelago represents a unique historical phenomenon, distinct from the spread of Islam in other regions due to its peaceful, adaptive, and culturally embedded approach. This study aims to analyze and compare the patterns of Islamic acculturation with local traditions in three representative regions: Java (focusing on the Walisongo legacy and Slametan traditions), Kalimantan (specifically the Malay Sultanate of Sambas with its Tepuk Tepung Tawar and Saprahan rituals), and Sumatra (examining the Minangkabau philosophical-legal synthesis Adat Basandi Syarak, Syarak Basandi Kitabullah and Acehnese institutional dualism of Keuchik and Meunasah). Employing a qualitative library research method with a historical-comparative approach, this study analyzes primary sources such as ancient manuscripts (Salsilah Raja-Raja Sambas, Fathul 'Arifin), ethnographic literature, and contemporary scholarly works. The findings reveal three distinct acculturation typologies: cultural-dialogical in Java (negotiating form and substance), integrative-structural in Sambas (embedding Islam into ethnic identity and bureaucratic governance), and institutional-philosophical in Sumatra (resolving customary law with fiqh through legal compromise). Despite these divergent paths, the study confirms the unwavering preservation of Tawhid (the oneness of God) as the theological core, while Islamic jurisprudence (fiqh) demonstrated remarkable flexibility by utilizing the concepts of 'urf (local custom) and maslahah (public interest) to harmonize with local wisdom. This research validates the theories of "Pribumisasi Islam" (Indigenization of Islam) and Vernacularization, demonstrating that Islam in the archipelago enriched, rather than erased, local cultural identities. The study recommends further ethnographic research to explore the contemporary resilience of these acculturated traditions in the face of modernization and puritanical movements.

Strategi Penetapan Harga Usaha Kuliner Masa Kini dan Relevansinya dengan Konsep Keadilan Harga dalam Islam

Rosyidatul Munawwaroh, Qory Juan Firdaus — Tue, 14 Apr 2026 00:00:00 +0000

This study focuses on the analysis of pricing strategies implemented by contemporary culinary entrepreneurs, by taking the business entities of Kue Balok Lumer and Teh Saring franchises (such as Es Teh Solo) as case studies, to then be critically evaluated using the epistemological framework of Sharia Economic Law (Fiqh Muamalah). Through qualitative methods with an in-depth literature study approach (library research) and market phenomenological observations, this study dissects the anatomy of cost structures, cross-promotion schemes, bundling tactics, exponential price markups on online delivery applications, and indications of predatory pricing practices. The results of the study describe that entrepreneurs currently implement pricing strategies based on platform differentiation and market penetration that result in very high profit margins (reaching more than 400% for Teh Saring products) and price disparities between offline and online outlets due to platform commissions of 20-30%. A critical analysis of Islamic jurisprudence (Fiqh Muamalah) concludes that high profit margins do not automatically constitute Ghabn Fahisy (excessive profit-making) as long as they are based on the principles of mutual consent and transparency, considering that contemporary culinary products are considered tertiary needs (Tahsiniyyat) that complement lifestyles. However, price manipulation practices such as predatory pricing (Siyasah al-Ighraq) and double markups without transparency have the potential to violate the principle of Thaman al-Misl (fair pricing), trigger Gharar (unclear information), and undermine the Islamic business ethics of simplicity (Iqtishad).

Literasi Sertifikasi Halal dan Hambatan Implementasi Kebijakan Self-Declare pada UMKM Kuliner di Kota Pontianak

Najwa Assegaf, Midan Midan, Nur Aida, Muhammad Ridho — Tue, 14 Apr 2026 00:00:00 +0000

The postponement of the mandatory halal certification requirement for Micro and Small Enterprises (MSEs) until October 2026 provides a policy adaptation window (grace period); however, the level of MSE participation, particularly in Pontianak City, remains markedly marginal. This study aims to evaluate the level of halal certification literacy, analyze psychological barriers, and identify both technical and non-technical constraints faced by culinary MSEs in Pontianak City. Employing a qualitative approach with a descriptive case study design, data were collected from five MSE actors through in-depth interviews, field observations, and document analysis. The findings reveal a pronounced disparity in literacy levels: while business actors demonstrate an adequate understanding of halal concepts from a sharia perspective, they exhibit a significant deficit in procedural literacy. Limited awareness of the Self-Declare scheme (Free Halal Certification/SEHATI) has generated psychological inhibition, manifested in apprehension toward bureaucratic complexity and perceptions of high costs. Furthermore, gaps in digital literacy related to the use of the SIHALAL application, the complexity of raw material traceability in traditional markets, and asymmetrical dissemination of information constitute the primary structural constraints. This study concludes that proactive intervention through ecosystem synergy—encompassing local government, the Halal Task Force, and academic assistance—is essential to accelerate literacy. Without comprehensive digital facilitation, MSEs are at risk of losing competitiveness and market access once the regulation is fully enforced.

Dampak Penggunaan Pinjaman Online pada Kesejahteraan Keluarga Perspektif Maqāṣid al-Syarī‘ah

Sagina Sagina, Fitria Fitria, Nur Heppi Nelsiani — Tue, 14 Apr 2026 00:00:00 +0000

This study aims to comprehensively analyze the impact of online loan utilization on family welfare in West Kalimantan Province using the analytical framework of maqāṣid al-sharī‘ah. The research employs a qualitative approach with a descriptive-analytical design, integrating normative literature review and empirical-sociological data. The findings reveal that a significant disparity between financial inclusion and financial literacy has fostered consumptive and manipulative borrowing patterns. The impacts include financial bankruptcy, escalating domestic conflicts leading to divorce, and severe psychological distress resulting from exploitative debt collection practices. The maqāṣid al-sharī‘ah analysis confirms that exploitative online loan practices contradict the principles of protecting wealth (ḥifẓ al-māl), family (ḥifẓ al-nasl), intellect (ḥifẓ al-‘aql), and life (ḥifẓ al-nafs). Therefore, holistic regulatory, educational, and cultural interventions are urgently required to mitigate the destructive impacts of online loans and to strengthen family resilience based on Islamic economic values.