Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum

Kondisi Mental Anak Pascapernikahan-Kembali Ibu Tunggal: Tinjauan Maqashid Syariah

Muhammad Yakhsyallah Liddinillah — 2024-12-04

The high divorce rate in Indonesia often has a significant impact on the mental well-being of children, particularly due to the absence of a father figure and emotional instability within the family. This study focuses on the impact of single mothers’ remarriage on children’s mental development from the perspective of maqāṣid al-sharīʿah. The primary issue explored is how the presence of a stepfather influences the emotional, social, and intellectual stability of children in post-divorce families. The study employs a qualitative approach with a phenomenological design, involving in-depth interviews with six single mothers who have remarried in Negararatu Village, South Lampung. The findings reveal that the presence of a stepfather positively contributes to the reinforcement of religious values (ḥifẓ ad-dīn), emotional well-being (ḥifẓ an-nafs), intellectual development (ḥifẓ al-‘aql), family relations (ḥifẓ an-naṣl), and economic stability (ḥifẓ al-māl). From the perspective of maqāṣid al-sharīʿah, remarriage not only strengthens family structure but also supports the psychological recovery of children after divorce. The novelty of this study lies in integrating the maqāṣid al-sharīʿah framework with the modern family context to explain the role of stepfathers in enhancing children’s mental well-being holistically.

Perubahan Regulasi tentang Penanaman Modal di Bidang Industri Minuman Beralkohol Perspektif Sadd al-Dzariah

Farahda Meitsa Sabila — 2024-12-06

The government initially attempted to liberalize the alcoholic beverage industry by opening investment opportunities; however, public opposition prompted regulatory changes that ultimately closed investment in this sector. This study focuses on analyzing investment regulations in the alcoholic beverage industry from the perspective of sadd al-dzariah, aiming to evaluate the extent to which these regulations prevent harm. Employing a normative legal research method through document analysis, this study examines the regulatory shift from Presidential Regulation No. 10 of 2021 to Presidential Regulation No. 49 of 2021. The findings reveal that the liberalization of investment in this sector posed significant risks of moral and social degradation, while the regulatory amendments closing investment opportunities reflect preventive measures aligned with the sadd al-dzariah principle. This corrective action by the government underscores the relevance of Islamic legal principles in maintaining a balance between economic interests and public welfare in investment regulation policies.

Dua Fatwa untuk Toleransi Beragama: Relasi Muslim dan Nonmuslim dalam Perspektif Nahdhatul Ulama

Nur Huda — 2024-12-08

The increasing religious intolerance in Indonesia in recent years has prompted various responses from religious authorities, including Nahdlatul Ulama (NU). One of NU's efforts to address this phenomenon is through fatwas issued by the Forum Bahtsul Masail Kyai Muda Anshor (2017) and Bahtsul Masail Maudhu’iyah at the National Conference (Munas) of NU (2019), which emphasize the principle of religious tolerance, particularly concerning non-Muslim leadership and the status of non-Muslims in Muslim-majority societies. This study focuses on analyzing these two fatwas using a qualitative method through discourse analysis and interviews with key figures involved in their formulation. The findings indicate that NU fatwas not only serve as Islamic legal guidelines but also function as instruments of social reconciliation in plural societies. These fatwas offer a more inclusive and contextualized Islamic perspective, reaffirm NU’s commitment to national principles, and demonstrate that religious authority plays a crucial role in shaping tolerance discourse amid Indonesia’s socio-political dynamics. Furthermore, this study reveals that the production and reception of fatwas are influenced by social and political factors, underscoring the importance of understanding how fatwas are utilized in shaping public opinion.