Hasil untuk "Islamic law"

Burhanudin Harahap, Tastaftiyan Risfandy, Inas Nurfadia Futri

In essence, Islamic law (Maqasid al-Shariah) and the sustainable development goals (SDGs) initiated by the United Nations have the same goal: to achieve the perfection of a sustainable human life. Meanwhile, Islamic finance is regarded as an implementation of Islamic law, as many Islamic finance products and instruments are derived from Islamic law. Prior studies on Islamic law, Islamic finance, and SDGs tend to be scattered, and the role of Islamic finance in SDGs is still questionable. This paper uses a systematic literature review to investigate the intersection of Islamic finance, Islamic law, and SDGs. We selected papers that focused on Islamic finance as an inclusion criterion and excluded papers that only discussed Islamic countries as an exclusion criterion. We retrieved 65 papers and book chapters published from 2008 to 2022 from the Scopus database to analyze which parts of Islamic finance and law can contribute to the SDGs. We use thematic analysis for data synthesis by grouping findings into their relation to Islamic law using Al-Ghazali’s Framework of Maqashid Al-Shariah and SDGs from the UN, and then explaining the research results using a narrative method. Through this study, we found that Islamic finance supports the SDGs with the most significant contribution to humanity. In addition, it is essential to know that the support of the government, regulators, and related institutions is much needed to improve Islamic finance for the achievement of SDGs.

Z. Nordin, Ismail Ruslan, Y. Yusriadi et al.

This article analyzes the integration of Islamic law and customary law in shaping the religious identity of the Malay Buyan community in Kapuas Hulu, West Kalimantan, Indonesia. While Islamic law plays a central role in regulating social and religious life, local customary law remains deeply embedded in the community’s legal consciousness and socio-cultural framework. Previous studies have often treated these two legal systems as separate or even contradictory. However, this study challenges such a dichotomous perspective by demonstrating that Islamic law and customary law engage in an ongoing process of negotiation, resulting in an adaptive and contextually dynamic legal framework. Using a socio-legal approach, this research collects data through in-depth interviews with ten key informants, participant observation, and document analysis. The findings reveal that Islamic law does not replace customary law but is instead integrated into the local legal system, influencing various aspects of social order, family structures, and the sustainable management of natural resources. This integration is evident in the use of Islamic legal terminology, the substance of legal norms, the mechanisms for customary fines, and the role of Islamic religious leaders in the codification of customary law. These findings challenge the prevailing bipolar view that positions Islamic law and customary law as inherently opposing systems. Instead, this study highlights a dynamic and integrative interaction between the two legal traditions, ensuring both social harmony and legal continuity. Ultimately, the article argues that the coexistence of Islamic and customary law is not a source of conflict but a mutually reinforcing and evolving process that contributes to strengthening both religious and cultural identity in a predominantly Muslim society. [Artikel ini menganalisis integrasi hukum Islam dan hukum adat dalam pembentukan identitas keagamaan masyarakat Melayu Buyan di Kapuas Hulu, Kalimantan Barat, Indonesia. Meskipun hukum Islam memiliki peran penting dalam mengatur kehidupan sosial dan keagamaan, hukum adat setempat tetap tertanam kuat dalam kesadaran hukum masyarakat. Penelitian sebelumnya sering kali memperlakukan kedua sistem hukum ini sebagai entitas yang terpisah atau bahkan bertentangan. Namun, studi ini menantang dikotomi tersebut dengan menunjukkan bahwa hukum Islam dan hukum adat terlibat dalam proses negosiasi yang berkelanjutan, sehingga membentuk kerangka hukum yang adaptif dan dinamis sesuai dengan konteks sosial budaya masyarakat. Dengan menggunakan pendekatan sosio-legal, penelitian ini mengumpulkan data melalui wawancara mendalam dengan sepuluh informan kunci, observasi partisipatif, dan analisis dokumen. Temuan penelitian ini menunjukkan bahwa hukum Islam tidak menggantikan hukum adat, tetapi diintegrasikan ke dalam sistem hukum setempat, memengaruhi berbagai aspek tatanan sosial dan budaya, struktur keluarga, serta pengelolaan sumber daya alam secara berkelanjutan. Integrasi ini tampak dalam penggunaan terminologi fikih, substansi norma, mekanisme pembayaran denda adat, serta peran tokoh agama Islam dalam proses kodifikasi hukum adat. Temuan ini menantang pandangan bipolar yang menganggap hukum Islam dan hukum adat sebagai dua entitas yang bertentangan. Sebaliknya, penelitian ini menegaskan bahwa kedua sistem hukum tersebut berinteraksi secara dinamis dan integratif dalam menjaga harmoni sosial dan kontinuitas hukum. Pada akhirnya, artikel ini berargumentasi bahwa koeksistensi hukum Islam dan hukum adat bukanlah sumber konflik, tetapi merupakan proses yang dinamis dan saling memperkuat, yang berkontribusi pada penguatan identitas agama dan budaya dalam masyarakat yang mayoritas beragama Islam.]

Handrian Ginting Jonson, Afrida Afrida, Zulkifli Addina et al.

This study examines the 2024 flash flood in Pandai Sikek, West Sumatra, through the lens of disaster anthropology and social memory. Based on preliminary research and one week of ethnographic fieldwork, the research reveals that while extreme rainfall triggered the event, socio-ecological drivers such as post-COVID return migration, deforestation, and land-use change significantly amplified its impacts. The community’s vulnerability was heightened by the absence of social memory: no oral traditions, rituals, or institutional practices existed to anticipate or respond to such a disaster. The flood therefore collapsed long-standing narratives of safety associated with Mount Singgalang and forced the community to confront a new reality of risk. Findings show that the disaster produced both trauma and solidarity, as gotong royong, remittances from migrants, and local organizing supported immediate recovery. At the same time, new and contested memories of vulnerability began to emerge. Early mitigation efforts, including reforestation, canal reinforcement, and disaster awareness initiatives, indicate steps toward resilience, though challenges remain in institutionalizing these lessons. The study concludes that building resilience in Pandai Sikek requires not only ecological restoration but also the transformation of traumatic absence into enduring social memory.

Naqiyah, Nita Triana, Gamal Abdul Nasir Zakaria et al.

Polygamy regulations are designed to protect the interests of Muslim families; however, ironically, in some Muslim countries, these regulations have been associated with triggering domestic violence. This study aims to examine the legal politics of polygamy in Southeast Asian Muslim countries: Indonesia, Malaysia, and Brunei Darussalam using a legal pluralism approach alongside Qur'anic perspective. The methodology employed is qualitative with a descriptive-interpretative approach. The findings indicate that these three countries regulate polygamy through two reforms: intra-doctrinal reforms that accommodate religious and cultural norms and extra-doctrinal reforms encompassing legal frameworks, judicial systems, and institutional structures. Three main factors influence these legal policies: religious understanding, local traditions, and political and social dynamics. As ūlū al-amri (authoritative leaders), the governments of these countries are committed to regulating polygamy to benefit families and children by integrating Islamic values, local traditions, and colonial legal influences. These regulations align with the Qur'anic message that permits polygamy under certain conditions and strict requirements, aiming to achieve marital goals of tranquility (sakīnah), affection (mawaddah), and compassion (raḥmah). However, stricter supervision and substantive legal reforms are necessary to reinforce these requirements and impose sanctions on violators.

Nur Insani, Z. S. Ibrahim, Suud Sarim Karimullah et al.

This intersectional study investigates the harmonisation of Islamic law and human rights in the context of empowering Muslim women through Islamic economics. This study applies an intersectional approach in carrying out the library research method with literature analysis carried out integratively and comprehensively to explore and review various literature sources relevant to the research topic, including journal articles, books, research reports, policy documents, and other related sources of information. The results show that harmonisation between Islamic law and human rights in empowering Muslim women through Islamic economics significantly impacts achieving gender equality and supporting sustainable development. The complexity of Muslim women's identities influenced by factors such as religion, gender, and social class demands a holistic and integrated policy approach in the economy. While the Islamic economy offers great potential to enhance the role of women as agents of change and key drivers of economic development, the incompatibility between Islamic law and human rights conventions and issues of gender inequality points to the need for more inclusive legal and policy reforms. Identifying and recognising these challenges underscores the importance of adopting a comprehensive and coordinated approach. Specific measures that need to be strengthened include inter-agency cooperation, legal and policy reforms to support better gender equality, capacity building of women in the Islamic economic sector, and raising public awareness on the importance of women's empowerment. As such, this study enriches the academic literature and offers practical guidance for policymakers, stakeholders in the Islamic economy, and the general public in advocating and implementing effective and sustainable women's empowerment.

Mursyid Djawas, Abidin Nurdin, Muslim Zainuddin et al.

Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law

Muhammad Harfin Zuhdi, Mohamad Abdun Nasir

Substantially, all Islamic law comes with a mission of benefiting humans, as the theory of al-mashlahah suggests. This article elaborates extensively on the theory of al-mashlahah in the discourse of Islamic legal thought from classical to contemporary times, starting from al-Ghazâli's theory of al-mashlahah in his book al-Mustashfa to `Izz al-Dîn ibn 'Abd al-Salâm’s concept of jalb al-manafi wa daf’u al-mafasid (taking benefit, refuting harm) and al-Shatibi with a comprehensive integralistic approach in his work al-Muwafaqat. Contemporary Muslim intellectuals, such as Ibn Asyur, Abdul Majid Al-Najjar, Jamaluddin 'Athiyah and Jasser Auda further develop this theory. This article finds that there is a continuous dynamic of Islamic legal methods related to the theory of al-mashlahah, which is used as an argument in the contemporary era, transforming into maqashid al-shariah. The reform in Islamic law mostly makes use of the maqashid as the basic paradigm, which covers not only individual but also social, communal and universal social benefits. In this context, Al-Najar, 'Athiyyah, and Jasser Auda offer new scope and dimensions of maqasid al-shari'ah theory to answer the problems of contemporary Islamic law.

N. Nuha, Noornajihan Jaafar, M. Muthoifin et al.

This study aims to explore and analyze the correlation between Islamic law (fiqh) and Sharia economics in Indonesia, both from a theoretical and practical perspective. The research methods used are literature study and descriptive analysis. Data was collected through a literature review from various relevant sources, including academic literature, official documents, and case studies related to the implementation of Islamic law in the economic context in Indonesia. The results showed that the correlation between Islamic law and Sharia economics in Indonesia is very significant. Fiqh, as the foundation of Islamic law, has a major impact on the development and implementation of Islamic economic principles in Indonesia. Various aspects of Islamic law such as muamalah (economic transactions), zakat, waqf, and others, provide a strong theoretical foundation for the practice of Islamic economics in Indonesia. However, there are challenges in integrating fiqh with Islamic economic practices in Indonesia, including in terms of harmonization between the principles of Islamic law and existing government regulations. In addition, public awareness and understanding of Islamic law and sharia economics also play an important role in the successful implementation and development of the sharia economy in Indonesia.

Arbanur Rasyid, Rayendriani Fahmei Lubis, Idris Saleh

In the Mandailing Natal community in North Sumatra, Indonesia, predominantly Muslim, inheritance distribution often deviates from Islamic law due to the influence of local customs. The kinship system of na tolu plays a significant role, causing a delay in inheritance distribution until both parents have passed and all heirs are either of legal age or married. This practice aims to preserve family harmony but highlights a tension between Mandailing customary law and Islamic law, complicating the pursuit of justice in inheritance matters. This study explores the interaction between Mandailing custom and Islamic law in inheritance distribution, examining how the two legal frameworks influence one another. The research adopts a qualitative, juridical approach and reveals that customary norms, especially Dalihan Na Tolu, tend to outweigh Islamic law. Traditional leaders and religious scholars are key mediators, facilitating compromise and adaptation in inheritance distribution. The study suggests that enhancing Islamic law education and fostering collaboration between traditional leaders and scholars could help harmonize local customs with Islamic principles, ensuring a fairer inheritance process.

RR. Dewi Anggraeni

Legal pluralism poses a challenging issue in the application of law in society. Indonesia, as a pluralistic country with diverse ethnicities, customs, and religions, faces conflicts between legal systems. This study addressed the conflicts between Islamic law, state law, and customary law regarding inheritance within the kinship system of Indonesian society. Data were collected from court decisions and legal scholars' opinions, which were then analyzed using the theories of legal pluralism, receptio in complexu, and receptio a contrario. The study found that legal conflicts arise among customary laws within the matrilineal, patrilineal, and parental kinship systems, particularly in inheritance matters. Legal conflicts occur when faced with Islamic law, which resonates with religious practices, and state law, which applies to all citizens. Based on several court decisions, the inheritance distribution resulting from differences in legal systems, especially within the customary kinship system, is disregarded in favor of state and Islamic law. This study implies a shift in the inheritance distribution system, which is no longer purely based on the kinship system of indigenous communities. Keywords: legal pluralism; Islamic law; state law; inheritance distribution AbstrakPluralisme hukum menjadi isu yang menantang dalam penerapan hukum di suatu masyarakat. Indonesia sebagai negara plural yang memiliki perbedaan  suku,  adat,  dan  agama  menghadapi  pertentangan  antar  sistem hukum.  Studi  ini  membahas  pertentangan  hukum  Islam,  hukum  negara dan  hukum  adat  dalam  soal  pembagian  waris  dalam  sistem  kekerabatan masyarakat Indonesia. Data dikumpulkan dari putusan-putusan pengadilan dan  pendapat  para  sarjana  hukum  yang  kemudian  dianalisis  dengan  teori pluralisme  hukum,  teori  receptio in complexu dan teori receptio a contrario. Studi ini menemukan bahwa terjadi konflik hukum antar hukum adat dalam sistem  kekerabatan  matrilineal,  patrilineal,  dan  parental,  khususnya  dalam pembagian waris. Konflik hukum juga terjadi ketika dihadapkan pada hukum Islam yang menjadi afinitas masyarakat dalam beragama dan hukum negara yang menjadi hukum bagi semua warga negara. Berdasarkan sejumlah putusan pengadilan, pembagian waris akibat perbedaan sistem hukum, khususnya dalam sistem  kekerabatan  dalam  hukum  adat  dikesampingkan  dari  hukum  negara dan hukum Islam. Studi ini berimplikasi pada bergesernya sistem pembagian waris yang tidak lagi murni berdasarkan sistem kekerabatan masyarakat adat. Kata Kunci:  pluralisme hukum; hukum Islam; hukum negara; pembagian waris

Irma Suryani, Mohammad Hidayat Muhtar, Yogi Muhammad Rahman et al.

Indonesia has introduced Islamic-based development programs, but challenges such as different interpretations, incompatibility between Islamic law and the national legal system, political influence, and the integration of Islamic values in sustainable development continue to hinder the implementation of Islamic legal approaches in regional development. This study aims to analyze the integration of Islamic legal concepts in regional development from an economic, social, political and environmental perspective and to identify concrete policies or programs that can be implemented to apply a holistic and sustainable approach to Islamic law in regional development. This research is categorized as normative legal research using primary and secondary legal materials in statutory and library documents (books, journals, reports and internet sources) and analyzed using a philosophical and analytic approach. According to the findings, the problem can be solved by creating an Islamic-based development program that considers economic, social, political, and environmental factors and guarantees the program's sustainability. Increasing community participation and involvement in the planning and implementing Islamic-based development programs and strengthening oversight of the use of funds and the environmental impact of development activities are possible solutions. Based on the findings of this research, it is recommended that a microfinance initiative based on Islamic principles be established in the area. Integrating Islamic principles and considering Indonesia's social diversity are prerequisites for the success of an Islamic legal approach to regional development.

Suud Sarim Karimullah

The study explores the complex implications of Islamic law on the rights of religious minorities in countries with majority Muslim populations. Through a comprehensive literature analysis, this review aims to summarize information from various relevant text sources. The study's findings reflect the complexity of religious minority rights issues in Muslim-majority countries. In the context of an analysis of the impact of Islamic law on the rights of religious minorities, it appears that Islamic law may provide a potential basis for protecting the rights of religious minorities. However, its interpretation and application may vary between countries. However, implementing Islamic law in state policy often creates tensions between religious and universal human rights principles, requiring careful efforts to strike the right balance. In addition, in modern contexts, such as the impact of globalization and information technology, Muslim-majority countries are faced with challenges that encourage them to constantly adapt to ensure effective protection of the rights of religious minorities. Therefore, to address these challenges, a comprehensive approach that includes legal reform, interreligious dialogue, and community education is needed to ensure that the rights of religious minorities are respected and substantially protected.

Ishaq Ishaq, Muannif Ridwan

Abstract This study examines Umar bin Khatab’s Ijtihad, in an effort to formulate Islamic law reform. Umar is known as the Imam Al-Mujtahidin and also a brilliant contributor to the development of Islamic law. A visionary, he is widely adopted by modern Islamic intellectuals to find new legal rulings, whose values are in accordance with present times. Even today, several practices of Umar’s Ijtihad are often used as a source of inspiration in the development of Islamic law. He dared to take policies that were no longer in accordance with the literal understanding of the verses of the Qur’an or the Sunnah that were carried out by the Prophet Muhammad SAW. This research method is qualitative or commonly called library research. Library research examines data by exploring, observing, examining, and identifying existing knowledge in the literature to obtain a dependable conclusion, both philosophical and empirical. This study concludes that, in principle, Umar bin Khattab’s Ijtihad continues to hold the Qur’an and Hadith as sources of Islamic law. However, his views are not technically the same as the textual provisions of the texts which are judged by ushul fiqh scholars as qath’iy texts, such as not giving the right to receive zakat to converts, not cutting off the hands of thieves, not taking spoils of war (ghanimah), as well as adding caning punishment for alcohol drinkers. What Umar bin Khattab did in some of these cases did not mean he was against the law that had been set by the Prophet Muhammad SAW and other companions, however it is to achieve a law that will be able to fulfill Al-Mashlahah which is Maqashid Al-Shari’ah or the goal of Shari’ah, specifically preserving human mind, achievement of benefit and prevention of harm.

I. Ilyas, Faisal A.Rani, Syamsul Bahri et al.

With the emergence of receptie theory, there was a conflict between customary laws and Islamic law in the past, resulting in a protracted systemic conflict. However, the opposite occurs in the context of legal practices in Aceh, namely the accommodation of the two legal systems. This study aims to elucidate the incorporation of customary laws in Islamic law as it pertains to inheritance issues in Aceh. This study analyzes empirical legal research through the lens of legal pluralism. The data was gathered through in-depth interviews and literature reviews. This study found that various inheritance-related cases involving substitute successors, joint assets, heirs of different religions, and obligatory wills for adopted children are examples of how Islamic law accommodates customary laws. The two factors responsible for the accommodation of adat in Islamic law are the nature of the law, which is dynamic, elastic, and flexible, and the sociological condition and personality of the Acehnese, which support this integration. Moreover, this accommodation has a positive impact on the lives of people so that the maintenance and observance of adat or customs become firmer, the law functions as social control and Islamic law is cultivated in society. Theoretically, in the context of legal pluralism, accommodation between adat in Islamic law creates a space for harmonization as the main goal of this theory, not the theory of receptie which gives birth to conflicts and conflicts between legal systems.

Ricky Aditya Syam, Tifan Adji Hutama, Istiara Subekti et al.

This study examines the relationship between Islamic law and pharmaceutical practice, focusing on the necessity of meeting the criteria of halal and purity in pharmaceutical products for Muslim patients. In this context, pharmacists are essential in ensuring that medical practice meets professional standards and harmonizes with Muslim patients' religious and cultural beliefs and values. The study used a qualitative approach to collect and analyze data from various sources, including interviews with pharmacists and Muslim patients and literature reviews on pharmaceutical ethics and Islamic law. The results showed a gap in knowledge and awareness among pharmacists about halal principles in pharmacy. This often causes discomfort and concern among Muslim patients who are worried about the halal medicine they are taking. The study also found that better training and education on Islamic law and pharmacy could improve the quality and trustworthiness of Muslim patients' care in the health system. This research suggests the need to develop pharmaceutical guidelines that consider aspects of halal and Islamic law and ongoing training for pharmacists to improve understanding and service to Muslim patients. As such, this research contributes to inclusive and culturally sensitive pharmaceutical practices.

Dahlia Haliah Ma'u

Polygamy as a solution for married couples who have certain problems still leaves a number of problems among Indonesian Muslims. The legal norms governing polygamy have become meaningless with the rise of unrecorded polygamy by certain people who find it difficult to practice polygamy formally in Indonesia. The dichotomy of Islamic law and legal law often triggers this problem, which is always up to date, even though these two norms can be synchronized by adopting the values of benefit which are not partial to husband and wife. This article aims to describe the harmonization of polygamy between Islamic law and legal law in Indonesia. The method this research used was library research with qualitative descriptive analysis. The theory that researchers use refers to several Islamic legal rules and regulations in Indonesia regarding polygamy. The findings of this research are that together between Islamic law and legal law in Indonesia have regulated the permissibility of polygamy with the main requirement being that the husband is able to be fair. This requirement becomes a guideline for wives to allow their husbands to practice polygamy. It is the husband and wife who can measure the fulfillment of these main requirements, and this is where the harmonization of the two regulations in Indonesia lies. The researcher found that the most dominant dichotomy between the two legal norms lies in not allowing female civil servants to become second, third, or fourth wives, as regulated in Article 4 paragraph 2 PP.45/1990. This rule is not in sync with the norms of Islamic law which do not prohibit this from being done. Therefore, it is necessary to revise the state legal norms regarding polygamy for the benefit of all elements of family and society.

Muhajir Muhajir, Ihda Shofiyatun Nisa', Akhmad Munawar et al.

The number of controversies and debates about integrating Islamic law into the national legal system in Indonesia has led to many counter-productive perceptions, so progressive thinking is needed all parties can accept that. Therefore, this study examines the thoughts of Agus Moh Najib, a Muslim scholar, on integrating Islamic law into the national legal system to create a fair legal system by the demands of society and the state. Methodologically, this research uses a philosophical approach with library research and is also descriptive-analytical qualitative research. The results of this study state that Islamic Law and Indonesian law have several interrelationships and interconnections perspectives on Agus Moh Najib's. He provides recommendations that to maximise the interconnectivity of Islamic law to national law, the first step that needs to be taken is to redesign, reformulate and renovate the ushul fiqh building, which is the basis for the formation of Islamic law without having to tear it down by reviewing existing concepts and theories so that the role of ushul fiqh can be more optimal in developing Islamic legal science that contributes to the formation of laws and regulations in Indonesia. Then harmonisation is carried out between Islamic law and various legal sciences developed in Indonesia regarding subject matter and language. In other words, it is necessary to strive for the formation of the Islamic law that is in harmony with legal science in general based on the ideal moral norms of the core teachings of Islam and also considers the culture and empirical realities that exist in plural Indonesian society.

Jurnal Kajian, Hukum Islam, Purnama Hidayah Harahap Doi httpsdoi.org10.24090 et al.

This article analyses the understanding of legal modernization in the sociology of Islamic law in Muslim countries regarding Islamic family law in Indonesia. The theory of legal modernization arises from the long history of Islamic legal theory since the Dutch era related to the enactment of Islamic law, both in terms of the struggle between customary law, Islamic law, and state law. The work for the emergence of legal theories such as Receptie theory becomes a filter for Islamic law in its application to Muslim communities in Indonesia. The results of this study indicate that the modernization of law in the form of KHI applies to the Indonesian Muslim community and requires the nation to be more mature in responding to modernity. However, there is an intersection between modernization and legal secularisation in the Islamic world, such as in Turkey, Egypt, Sudan, and Syria. Legal modernization from fiqh towards positivisation has given birth to formulations in Islamic family law in the form of sociological dynamics in contemporary Indonesian Islamic society.

Christopher Panal Lumban Gaol, Gregory Hansrainer, Bennett Rainey

T This journal aims to examine the concept of bank interest (riba) within the framework of Islamic law (Sharia). The practice of charging and receiving interest has been a topic of significant debate and controversy among Islamic scholars and jurists. This paper provides an in-depth analysis of the philosophical underpinnings of bank interest in Islamic law, taking into account various perspectives and interpretations within the Islamic legal tradition. The journal begins by exploring the foundational principles of Islamic law and its ethical framework, highlighting the prohibition of riba as outlined in the Quran and the Hadith. It discusses the historical context and evolution of Islamic banking and finance, emphasizing the need for alternative financial mechanisms that comply with Islamic principles. The study then delves into the philosophical considerations surrounding bank interest from an Islamic legal perspective. It examines different schools of thought and the rationale behind their positions, including the arguments for and against the permissibility of bank interest. The utilitarian perspective evaluates the societal consequences of interest-based transactions, while the deontological approach emphasizes the adherence to moral principles. The contractualist viewpoint focuses on the voluntary agreements between parties, and the concept of justice and equality is examined in relation to interest-based transactions. Furthermore, the journal analyzes contemporary practices in Islamic banking and finance, including the development of Islamic financial instruments that adhere to Sharia principles. It explores the role of regulatory bodies in overseeing and ensuring compliance with Islamic law in the financial industry. The research concludes by synthesizing the diverse perspectives and providing a comprehensive understanding of the philosophical considerations surrounding bank interest in Islamic law. It emphasizes the importance of contextual interpretation and critical analysis within the Islamic legal tradition to address the challenges and complexities posed by modern financial systems.

Muhammad Mawardi Djalaluddin, B. Mas'ud, Dedy Sumardi et al.

This article aims to examine the application of ta’zīr punishment as a reinforcement of education in Islamic law. Humans are mulattoes or social beings who are related to one another, they cannot be separated from interactions with others. In order for this relationship to be in the corridor and frame of justice, Allah sent down rules in the form of orders and prohibitions. This study is a normative legal study using ushul fiqh theory and maslāhah theory. This study concludes that all commands and prohibitions contained in Islamic law are based on the Qur'an and the commands and prohibitions of the Prophet. which is formulated in fiqh, it will be seen that everything has a specific purpose, namely the benefit of mankind. If there is a violation of these rules, a penalty will be imposed, whether the punishment is in the form of ḥadd, qiṣaṣ or ta’zīr punishment. In addition to ḥadd, qiṣaṣ, kaffārah punishments, ta’zīr punishments are seen as punishments/sanctions that contain educational values because they aim to create a deterrent effect on the perpetrators and become a lesson for others not to commit similar violations. Therefore, this study argues that the imposition of punishment in Islamic law including ta’zīr contains beneficial values that educate humans and has a deterrent effect for perpetrators and for others.