Jurnal Hadratul Madaniyah

Interpreting “Urgent Reasons” in Marriage Dispensation Cases: A Socio-Legal Study at the Pangkalan Bun Religious Court

2026-03-26T01:27:22+00:00

The phrase “urgent reasons” in Indonesian marriage dispensation law is normatively open yet operationally undefined, creating interpretive space that contributes to disparities in judicial decisions. While prior studies explain these disparities through regulatory weakness or judicial discretion, they rarely examine how such normative ambiguity is socially reproduced through judicial practice. Addressing this gap, this study analyses how judges construct the meaning of “urgent reasons” in pregnancy-related marriage dispensation cases and how this process reflects the interaction between legal structure and local social norms. Using a socio-legal approach, the research examines 43 decisions (2020-2025) from the Pangkalan Bun Religious Court and in-depth interviews with three judges.Drawing on Anthony Giddens’ Structuration Theory, the study argues that normative ambiguity does not merely generate discretion but operates as a structuration mechanism through which judges reproduce and negotiate legal meaning inconcrete cases. The findings reveal three dominant interpretive patterns: (1) urgency as moral restoration and protection of family honour, (2) urgency as safeguarding the best interests of the child, and (3) urgency as maintaining religious and social stability. These patterns demonstrate that judicial disparities stem not from inconsistency but from the activation of different normative orientations when judges confront ambiguous legal structures within a specific socio-cultural context.Theoretically, this study contributes to socio-legal scholarship by showing how vague legal norms function as institutional media for the reproduction of legal pluralism through judicial agency. Practically, the findings highlight the need for clearer operational guidelinessuch as minimum age thresholds, psychological assessment standards, and child protection recommendations, to balance legal certainty, judicial discretion, and child rights protection in marriage dispensation policy.

The Jurisprudence of Protection: A Comparative Analysis of Istiʿādhah in the Fatwas of Ibn Bāz and al-‘Uthaymīn

2026-04-09T00:40:25+00:00

The discourse on istiʿādhah (seeking protection) remains particularly relevant in contemporary contexts where practices of spiritual protection, such as ruqyah, tawassul, and popular spiritualism, risk blurring the boundaries between tawḥīd (monotheism) and shirk (polytheism). This study aims to analyze the concept of istiʿādhah as addressed in the fatwas of ʿAbd al-ʿAzīz ibn Bāz and Muḥammad ibn Ṣāliḥ al-ʿUthaymīn, highlighting both convergences and divergences in their theological reasoning. The research utilizes a qualitative-comparative approach, employing library research and thematic content analysis, alongside the constant comparative method to examine primary fatwa sources. The findings reveal that both 'ulama agree on istiʿādhah as an essential element of tawḥīd al-ulūhiyyah (the oneness of Allah), which must be directed exclusively to Allah. However, their istinbāṭ (legal reasoning) differs: Ibn Bāz applies a deductive-practical approach focused on ritual guidance, while al-ʿUthaymīn uses an inductive-systematic method that emphasizes theological classification. The primary contribution of this research lies in the reconstruction of the "Jurisprudence of Protection," a novel conceptual framework that systematically classifies istiʿādhah into three categories: sharʿiyyah (prescribed), jāʾizah (permissible), and shirkīyyah (polytheistic). This framework provides crucial theological navigation for fatwa authorities and the Muslim community, helping them distinguish between legitimate spiritual protection practices, those permissible in limited circumstances, and those that deviate from the core principles of tawḥīd in contemporary religious practices.

Harmonization of Customary Law and Islamic Law in the Zereah Tradition of Marriage in Hiang Tinggi Village: A Maqasid al-Shariah Perspective

2026-04-13T06:24:04+00:00

This study examines the Zereah tradition as a post-marriage customary practice and analyzes its role in harmonizing Islamic law and customary law through the maqasid al-shariah framework. The tradition functions to reinforce kinship ties, introduce newlyweds to the wider community, and ensure social legitimacy. It involves symbolic elements such as traditional attire, communal prayers, and marital advice, reflecting the integration of cultural and religious values. While previous studies have primarily emphasized the formal-legal aspects of the marriage contract, this research highlights the customary sphere as a crucial space for the social contextualization of Sharia. Employing a qualitative empirical design with normative-theological and socio-legal approaches, data were collected through observation and in-depth interviews with married couples, customary and religious leaders, and community members. Secondary sources included fiqh literature on maqasid al-shariah and ‘urf, marriage legislation, and related studies. Data were analyzed using the interactive model with source triangulation to ensure validity.The findings reveal that Zereah is practiced in a simple and non-coercive manner, involving symbolic offerings such as cigarettes, sweets, and betel wrapped in a sarong, while the couple often receives rice or monetary support, reflecting communal solidarity. From an Islamic legal perspective, the tradition qualifies as ‘urf sahih and promotes maslahah. Within the maqasid al-shariah framework, it supports the preservation of religion, life, intellect, lineage, and wealth. The study’s novelty lies in conceptualizing Zereah as a model of dialogical legal harmonization that operationalizes Sharia objectives and strengthens the socio-normative legitimacy of marriage.

Fear of Missing Out (FOMO) in Generation Z Digital Investment: Risk Analysis and Islamic Finance Perspective

2026-04-13T06:28:03+00:00

The rapid development of financial technology has significantly increased Generation Z’s participation in digital investment activities. However, limited attention has been given to the psychological factors influencing their investment decisions, particularly Fear of Missing Out (FOMO). This trend is supported by the accessibility of digital platforms and the widespread use of social media, which facilitate the dissemination of investment information. This study aims to analyze the influence of FOMO on digital investment behavior among Generation Z and to examine the phenomenon from the perspective of Islamic finance. This research employs a qualitative descriptive approach, with data collected through open-ended questionnaires distributed to 60 respondents who actively engage in digital investment. The data were analyzed using thematic analysis. The results indicate that FOMO significantly influences investment behavior by encouraging impulsive decisions driven by social media trends, with many respondents prioritizing short-term gains without sufficient risk analysis. From the perspective of Islamic finance, such behavior may lead to elements of gharar and maysir, which are not in accordance with Islamic financial principles. Therefore, improving financial literacy and Islamic financial literacy is essential to support more rational and responsible investment decisions.

Banking Hegemony over the State Civil Apparatus: Gramsci's Analysis of Decree-Based Credit Culture in the Perspective of Islamic Economics

2026-04-13T06:19:08+00:00

Banking credit practices using the Decree of Appointment as collateral have become a systemic phenomenon among State Civil Servants in Indonesia. This study aims to analyze how the SK-based credit mechanism operates as an instrument of banking hegemony that normalizes debt in the lives of ASN and reviews this phenomenon through an Islamic economic perspective. Using a qualitative method with a literature study approach and critical analysis, this research dissects the power relations between banking institutions and ASN using Antonio Gramsci's theory of hegemony. The research findings indicate that banks, particularly Regional Development Banks, exercise hegemony through "voluntary consent" built on narratives of financial ease and consumptive lifestyles. The ASN SK is no longer just an administrative staffing document but has transformed into an economic commodity that shackle productivity and financial independence. From an Islamic economic perspective, this practice is criticized for containing ribawi elements, encouraging israf (excessive) behavior, and contradicting the principles of Maqashid Shariah, specifically in the aspect of hifzh al-mal (protection of wealth). The novelty of this research lies in the synthesis between Gramscian socio-political critique and Islamic economic axiology in dissecting ASN debt dependence. The implications of the study suggest the need for policy reform in financial literacy and the strengthening of sharia financing models that are more equitable for ASN.

Technology Acceptance Model (TAM), Student Engagement, and Psychological Well-Being in Islamic Education: Evidence from Vocational Schools

2026-04-24T12:49:43+00:00

The integration of digital technology in education has become increasingly important; however, its effectiveness in Islamic Education remains underexplored, particularly regarding student engagement and psychological well-being. This gap is evident in vocational school contexts, where technology use does not always translate into active participation or positive mental outcomes. Therefore, this study aims to examine the relationships between the Technology Acceptance Model (TAM), student engagement, and psychological well-being in Islamic Education among students in private vocational schools in Palangka Raya City. This study employed a quantitative approach with a cross-sectional survey design. A sample of 250-300 students was selected using stratified random sampling. Data were collected through a structured questionnaire and analysed using Partial Least Squares Structural Equation Modelling (PLS-SEM). The findings indicate that TAM has a significant positive effect on student engagement and psychological well-being. Student engagement also significantly influences psychological well-being and partially mediates the relationship between technology acceptance and well-being. These results suggest that effective technology integration should promote both usability and active engagement to support students’ psychological well-being. The study contributes to the literature by providing an integrated model in Islamic Education and recommends the development of interactive, student-centred digital learning environments, as well as further longitudinal research.

Educational Values in the Symbolic Meaning of the Baharin Traditional Ceremony among the Meratus Dayak Community in Mantuyan Village, Halong District, Balangan Regency

2026-05-19T06:49:55+00:00

This study examines the symbolic meaning in the traditional ceremony of the Dayak Maratus tribe which aims to describe the meaning and symbols used in the traditional ceremony of Baharin Dayak Meratus in Mantuyan Village, Halong District, Balangan Regency. This study uses a literary semiotic approach to systematically examine knowledge about signs or symbols, symbols, and the process of creation. The type of research is qualitative with descriptive method. The subjects in this study were people or community leaders who had experience or knowledge of Dayak traditional ceremonies in Mantuyan Village. The data collection technique in this study is a data reduction technique as an effort to process the focus of the study, abstracting, transforming data, and presenting data from the process of collecting and organizing. The results of this study are classified into two parts, namely the classification of meanings and symbols in the Baharin traditional ceremony. From the results of customary symbols there are two parts, namely: (a) Verbal symbols there are thirteen discussions, and (b) Non-verbal symbols have six discussions. Judging from the results of the meaning of verbal and non verbal symbols in the traditional ceremony of Baharin Dayak Meratus, 19 discussions.

Legal Politics of Qanun Aceh Number 11 of 2018 concerning Sharia Financial Institutions in the Field of Sharia Banking

2026-05-05T02:25:22+00:00

This research is motivated by the gap between the ideals of the comprehensive implementation of the sharia-based financial system in Aceh and the reality of implementation which still faces various challenges, both in terms of regulation, institutions, and community readiness. Qanun Aceh Number 11 of 2018 concerning Sharia Financial Institutions (LKS) is the main instrument in realizing this transformation, so it is important to study it from the perspective of legal politics background that is the background of its formation. The purpose of this research is to analyze the legal politics in Qanun LKS and its implications for the Islamic banking sector in Aceh. This research uses a type of normative legal research with a qualitative approach, through a statute approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials collected through literature studies, then analyzed descriptively-analytically. The results of the study show that Qanun LKS is a political and legal product that reflects the integration between Aceh’s special autonomy authority and the application of Islamic sharia in the economic sector, especially banking. The implementation of Qanun LKS encourages the conversion of the conventional banking system to sharia as a whole, but still faces various obstacles such as institutional readiness, infrastructure, and the level of public literacy. This study concludes that the success of these policies is highly dependent on the consistency of implementation, adaptive regulatory support, and increased public understanding of the Islamic financial system. The contribution of this research is to provide a comprehensive understanding of legal politics in Islamic financial regulation and become an evaluation material for the development of more effective policies in the future.

The Legality of Stablecoins as Digital Financial Instruments in Sharia Economic Law

2026-06-03T02:05:51+00:00

The development of financial technology has given rise to various digital payment instruments, one of which is stablecoin. Stablecoins exist as digital assets designed to maintain stable value through support from certain assets such as fiat currency, gold, or algorithms. The presence of stablecoins has sparked legal debate, particularly from the perspective of Islamic Economic Law, as on one hand they offer digital transaction efficiency, yet on the other hand they may contain elements of gharar, riba, and speculation. This study aims to analyse the legality of stablecoins as digital payment instruments from the perspective of Islamic Economic Law, focusing on the elements of gharar, riba, and value stability. The study uses a normative juridical method with a conceptual approach, a legislative approach, and a maqashid sharia approach. The data sources were obtained from the Qur’an, Hadith, DSN-MUI fatwas, Bank Indonesia and OJK regulations, as well as scientific literature related to digital assets and Islamic finance. The research findings indicate that stablecoins have the potential to be accepted within the Islamic economic system if they meet the principles of transparency, possess clear underlying assets, avoid excessive speculation, and maintain transaction value stability. However, algorithmic stablecoins may carry high gharar due to unclear asset backing and system volatility. From the perspective of maqashid syariah, stablecoins can support the benefits of the digital economy if strictly regulated through Sharia regulations and state supervision. This research emphasises the importance of formulating specific Sharia regulations regarding stablecoins within Indonesia's digital financial system.

Sustainable Islamic Education Based on Tawhid Values at MAN 2 Kota Probolinggo

2026-06-03T01:37:13+00:00

This study aims to analyse the integration of Tawhid values in the implementation of sustainable Islamic education and its application in addressing the global challenges of Trends Shaping Education 2025 at MAN 2 Kota Probolinggo. The background of this study is based on the gap between the ideal concept of Islamic education grounded in Tawhid values and the learning practices in madrasahs, which still tend to be cognitively oriented and have not fully integrated the principles of sustainability and global challenges. This study employed a qualitative approach using a case study design. Data were collected through participant observation, in-depth interviews, and documentation, and were subsequently analysed using the Miles, Huberman, and Saldaña model, which includes data reduction, data display, and conclusion drawing.

The findings reveal that the integration of Tawhid values at MAN 2 Kota Probolinggo is carried out systematically and multidimensionally through policies, curriculum, learning processes, and school culture. This implementation is reflected in religious habituation, the application of the Love-Based Curriculum (KBC), and contextual learning that connects Tawhid values with contemporary issues such as technology and the environment. Furthermore, sustainable Islamic education in this madrasah demonstrates an adaptive character in responding to global challenges, particularly in the areas of digitalisation, social change, and environmental sustainability, without neglecting Islamic values as its foundation. Nevertheless, several obstacles remain in its implementation, including the heterogeneity of students’ backgrounds, the negative impact of digital technology, and the uneven internalisation of Tawhid values across institutional aspects.

In conclusion, sustainable Islamic education based on Tawhid values at MAN 2 Kota Probolinggo represents a transformative educational model capable of integrating spiritual dimensions with global demands. This model has the potential to become an alternative framework for developing Islamic education that is adaptive, integrative, and oriented towards nurturing a generation that is faithful, morally grounded, and globally competitive.