NALAR FIQH: Jurnal Hukum Islam

Harmonization of Criminal Sanctions against Notaries: A Comparative Analysis between Indonesian Positive Law and the Concept of Jarimah Takzir in Islamic Law

Yanuardi Amin — 2025-06-30

The notarial profession in Indonesia occupies a strategic position as a public official authorized to create authentic deeds with complete evidentiary force; however, the phenomenon of notarial involvement in criminal acts has experienced a significant increase that threatens professional integrity and public trust in the notarial institution. At least 137 notaries have been implicated in criminal cases, with the majority involving document forgery, fraud, and embezzlement, while the regulation of criminal sanctions in Law Number 2 of 2014 concerning Notarial Positions remains limitative and creates legal uncertainty. This research aims to comprehensively analyze the legal implications of imposing sanctions on notaries who commit criminal acts by integrating perspectives from positive law and Islamic law, identifying juridical and non-juridical factors causing notaries to receive criminal sanctions, analyzing the harmonization of supervision systems and sanction imposition mechanisms, and examining the concept of jarimah takzir as an educative and rehabilitative alternative to punishment. The research employs a normative juridical method with statutory and conceptual approaches, analyzing primary legal materials consisting of legislation and court decisions, secondary legal materials comprising scholarly literature, and tertiary legal materials, through library research techniques and qualitative data analysis using descriptive-analytical methods and deductive reasoning. The research findings indicate that juridical factors in the form of normative vacuums in criminal sanctions and non-juridical factors in the form of moral integrity degradation constitute the primary determinants; the supervision system necessitates coherent harmonization among administrative, civil, ethical code, and criminal sanctions by applying the principle of ultimum remedium, while the Islamic law perspective through the concept of jarimah takzir offers a philosophical alternative emphasizing educative and rehabilitative dimensions by classifying deed forgery as a manifestation of falsehood and breach of trust that contradicts Islamic principles of justice. This research contributes theoretically to strengthening the theory of criminal liability for official positions and practically recommends legislative reformulation to fill legal vacuums and strengthen a supervision system that is rigorous yet just in order to maintain the integrity of the notarial profession and the legitimacy of public trust in the notarial institution within the framework of Indonesia's national legal system

Childfree in the Lens of Islamic Jurisprudence: Women’s Reproductive Rights between Classical and Contemporary Fiqh

Nerisma Eka Putri — 2025-06-26

In religious conception, marriage is the law chosen by God as a means for humans to have offspring. However, not all married couples have the desire to have children. The unwillingness to have children is often referred to as childfree. Childfree is the desire not to have children in the future. In Indonesia, the term childfree began to attract attention on social media since Analisa Widyaningrum, a clinical psychologist, invited Gita Savitri, so that this opinion eventually reaped pros and cons in various circles. Therefore, researchers are interested in examining how childfree is viewed based on classical and contemporary fiqh studies. This research uses library research with a qualitative approach, namely to examine the phenomenon of childfree based on women's reproductive rights, then examine childfree based on historical facts from classical fiqh through the works of classical Ulama' and childfree based on contemporary fiqh, by adjusting the opinions of Ulama' in accordance with the reality of modern times. It can be found that according to the reproductive rights of childfree women, as stated by Masdar, emphasizing that a wife has the right to want to get pregnant and determine the number of children she wants, such things should be the free choice of the individual concerned. Any party has no right to intervene and even impose their will in any way and for any reason. Because in the future those who bear the risk are of course both parties, especially a wife. Furthermore, based on classical fiqh, Childfree can be equated with the term 'Azl, namely rejecting the existence of a child before it has the potential to exist and this is not punished as haram, but rather punished as makruh based on the Book of Ihya 'Ulum al-Din. Furthermore, childfree based on contemporary fiqh there is also no prohibition either in the Qur'an or hadith, the agreement of husband and wife not to have children is allowed especially on the basis of concerns or because of illness, this is also the same as classical fiqh where the problem of childfree is qiyaskan with the problem of Azl.

Development of Women's Fiqh Learning in State Islamic Senior High Schools: Integration of Islamic Gender Education Theory, Inquiry-Based Learning, and Strengthening of Islamic Character

Teguh Luhuringbudi — 2025-06-23

This research examines a crucial problem in women's fiqh education at Madrasah Aliyah: the dominance of normative-textual approaches that provide minimal space for critical dialogue on contemporary social dynamics and female identity. The study aims to design an integrated learning model for women's fiqh through a combination of Islamic Gender Education Theory, Inquiry-Based Learning, and Islamic Character Strengthening Philosophy. Data collection methods included online surveys via Google Forms, analysis of Grade XI fiqh textbooks, and examination of the classical text Ris?lah al-Ma???. Data analysis employed three theoretical frameworks: Sharia contextualism according to Zainah Anwar, inquiry cycle theory by Margus Pedaste, and personality transformation philosophy by Syed Muhammad Naquib al-Attas.Research findings reveal that although the majority of students perceive menstrual regulations as fair, their understanding remains static without critical reflection on cultural and gender contexts. The integration of these three approaches proved effective in creating a more participatory, inclusive, and meaningful learning experience. The study concludes that a paradigm shift is necessary—from information transfer to transformative educational processes. Research limitations include a narrow geographical scope and a predominantly female respondent base. The novelty of this research lies in its multi-dimensional integration approach, which has not been widely explored in academic literature. Recommendations for future research include direct implementation testing across diverse regions and the development of specific Islamic character assessment instruments tailored to women's fiqh education contexts. This model is expected to serve as an alternative learning approach that is more responsive to the needs and social realities of contemporary Muslim women, bridging traditional Islamic scholarship with modern pedagogical methodologies while maintaining religious authenticity and promoting gender-sensitive understanding

Strengthening Sharia Crowdfunding Law through the Maqasid al-Shari'ah Approach: An Analysis of Financial Services Authority Regulation (POJK)

Maryani Maryani — 2025-06-25

The rapid growth of Indonesia’s sharia digital economy has created new financing models, particularly sharia crowdfunding, as an inclusive alternative for MSMEs. However, the current regulatory framework Financial Services Authority Regulation (POJK) No. 16/POJK.04/2021, remains general and has not fully incorporated sharia compliance principles. This study aims to analyze the strengthening of sharia crowdfunding law through the Maqasid al-Shari‘ah approach, emphasizing maslahah (public welfare), hifz al-m?l (protection of wealth), and ‘adl (justice). Using a normative legal method that combines statute and conceptual approaches, this research evaluates the extent to which POJK No. 16/2021 aligns with Islamic legal objectives. The findings show partial conformity, strong in procedural governance but weak in substantive justice and sharia supervision. The absence of a Sharia Supervisory Board (DPS) and explicit sharia audit requirements limits regulatory effectiveness. The study recommends reconstructing POJK No. 16/2021 through an integrated sharia governance system involving OJK, DSN-MUI, and halal certification bodies. Mandatory sharia audits, digital financial literacy, and value-based supervision are proposed to enhance ethical accountability. Such reform would harmonize technological innovation with the moral imperatives of Maqasid al-Shari‘ah, positioning Indonesia as a global pioneer in Islamic digital finance.

Between Flexibility and Firmness: Imam al-Hishni's Fiqh Methodology in Responding to Contemporary Islamic Economic Dilemmas

Yaqeen Faiz — 2025-06-28

The digital economic transformation has propelled Islamic financial transactions to reach USD 3.95 trillion in 2023; however, an epistemological discontinuity persists between contemporary muamalah practices and classical Islamic intellectual heritage. This research analyzes the jurisprudential choices (ikhtiyarat fiqhiyyah) of Imam Taqiyuddin al-Hishni (752-829 AH) concerning commercial transactions involving discerning minors (mumayyiz) and the sale of musical instruments, while exploring his istinbath methodology and its relevance to contemporary Islamic economic issues, particularly within the contexts of e-commerce and Indonesia's halal creative industry valued at USD 7.2 billion.Employing a qualitative approach with descriptive-analytical library research, this study utilizes primary sources including al-Hishni's Kifayah al-Akhyar and classical biographical works, supplemented by secondary sources encompassing exegetical literature and comparative fiqh. Data analysis applies directed content analysis techniques grounded in the theoretical framework of usul fiqh and maqasid al-shariah.Research findings demonstrate that al-Hishni implemented contextual flexibility regarding transactions by discerning minors, permitting such transactions when guardian consent and equivalent value exist, based on the principles of 'ammah bihi al-balwa and istishlah. Conversely, he adopted a stringent position prohibiting the trade of musical instruments by applying sadd al-dzari'ah, arguing that their primary function induces heedlessness from the remembrance of Allah despite their economic value.Al-Hishni's methodology, which distinguishes when to exercise flexibility in technical-procedural matters for public interest and when to maintain firmness in protecting spiritual values, offers significant theoretical contributions to the development of the theory of ahliyyah al-ada' al-naqishah (incomplete legal capacity to act) in Islamic economic law. Furthermore, it provides practical contributions as a reference framework for formulating DSN-MUI fatwas regarding youth participation in Islamic fintech platforms and developing comprehensive halal entertainment certification standards for Indonesia's creative industry ecosystem.