Jurnal Tahqiqa Jurnal Ilmiah Pemikiran Hukum Islam

HUKUM DEEPFAKE MENURUT ISLAM: KAJIAN FIKIH KONTEMPORER

2026-07-27T23:48:26+00:00

The rapid development of digital technology, particularly deepfake technology based on Generative Adversarial Networks (GANs) capable of producing highly realistic synthetic visual content, has raised significant legal and ethical questions within the Islamic scholarly tradition. This study aims to analyze the legal status of deepfake technology according to Islamic jurisprudence and provide normative guidance for the Muslim community in responsibly addressing the challenges of the digital age. Using a library research method with a normative-analytical approach, this study is grounded in verses of the Qur’an, hadith, and the framework of maqasid al-shar’iyah to categorize the use of deepfakes. The findings indicate that the use of deepfakes involving deception (tadlis), the deliberate spread of falsehoods (ifk), and distortion of meaning (tahrif al-ma’na) is deemed haram because it violates the principles of sidq (truthfulness) and amanah (trustworthiness), and causes widespread social harm (mafsadah ‘ammah). Conversely, the transparent and non-deceptive use of deepfakes, specifically for genuine educational purposes, can be justified based on the principle of maslaḥah mursalah. This study proposes the concept of fiqh al-asalah al-raqamiyyah (digital authenticity jurisprudence) as a contemporary normative framework for evaluating artificial intelligence based on Islamic values.

KONSEP MAHAR DALAM AL-QUR’AN: RELEVANSINYA DALAM KONTEKS KONTEMPORER

2026-09-02T05:49:05+00:00

This study discusses the concept of dowry in the Qur'an using a thematic interpretation approach (tafsīr al-mawḍū‘ī) and analyses its relevance in contemporary Muslim society. In the Qur'an, although the term ‘mahar’ is not explicitly mentioned, there are other terms such as ṣaduqāt, ujūr, and niḥlah that describe the concept of a gift from the prospective husband to the wife as a form of responsibility, sincerity, and respect. This study found that normatively, the Qur’an emphasises the principles of justice and ease in the giving of mahar, but in practice, there is often a shift in meaning towards a symbol of social status, prestige, and even family prestige. This phenomenon raises a number of issues such as economic burdens, delayed marriage age, and marriage practices that deviate from sharia. By combining a textual approach (tafsir and fiqh) and a sociological approach, this study reveals that the understanding of dowry needs to be contextualised within the framework of maqāṣid al-syarī‘ah, which is to maintain honour, lineage, and family welfare. This study recommends strengthening marriage fiqh literacy through premarital counselling, educational campaigns, and collaboration between religious leaders, traditional figures, and state institutions so that Islamic values such as honesty, simplicity, and blessings can once again become the main foundation for the practice of giving dowry in the modern era.

BATASAN HAK DAN KEWAJIBAN SUAMI TERHADAP ISTRI DAN ORANG TUA PERSPEKTIF HUKUM ISLAM

2026-09-02T05:53:24+00:00

This study examines how husbands in Mutiara Timur District balance rights and obligations toward wives and parents and evaluates these practices under Islamic family law. A qualitative field-research design was used. Data were collected through interviews, observation, and documentation involving three husbands, three wives, one community leader, and the local Office of Religious Affairs head on 7–11 July 2025. Data were analyzed inductively by organizing field statements into themes and comparing them with Qur’anic norms, Islamic jurisprudence, the Marriage Law, and the Compilation of Islamic Law. The findings show that husbands generally attempt to provide maintenance, time, and care to both parties, but imbalances arise in financial allocation, attention, decision-making, and parental intervention. Wives understand basic rights to maintenance, respectful treatment, and protection, yet differ in interpreting obedience and domestic roles. Islamic law does not require an absolute choice between wife and parents; the wife’s enforceable marital rights must be fulfilled while filial piety and support for needy parents continue according to capacity and without injustice. Open communication, clear household boundaries, deliberation, and mediation through religious leaders or the Office of Religious Affairs are the main conflict-resolution mechanisms. The study offers a proportional-priority framework for family guidance in rural Aceh.

FENOMENA LEGALITAS PERNIKAHAN ONLINE DALAM PERSPEKTIF HUKUM KELUARGA ISLAM DI INDONESIA

2026-09-02T05:56:35+00:00

This study aims to analyze the rising trend of online marriage in Indonesia and evaluate its legal standing from the perspective of Islamic Family Law. The research employs a normative legal approach with a descriptive-analytical design, utilizing digital data collection and literature review techniques. The findings indicate that while electronic means facilitate long-distance unions, Islamic jurisprudence and positive Indonesian law place stringent conditions on the absolute presence of physical assembly (majelis akad). The discussion explores the diverging opinions among classical scholars and contemporary fatwas, answering why spatial consensus remains crucial to prevent legal flaws. In conclusion, online marriage lacks absolute certainty under positive Indonesian law without official judicial validation, urging a more adaptive yet protective regulation to preserve the sanctity of contracts.

BUGHAT MENURUT PERSPEKTIF FIKIH MAZHAB

2026-09-02T08:39:56+00:00

Bughat refers to an act of violence against a legitimate Islamic government led by a just, devout, and pious leader (imamul muslimin). This study aims to examine the concept of bughat from the perspective of the various schools of Islamic jurisprudence (madhhabs) and to identify the criteria required for an act to be classified as bughat thereby warranting specific legal sanctions (uqubat). This is a library-based study employing a descriptive-analytical method within a qualitative-juridical framework. The findings indicate that, generally, the schools of jurisprudence define bughat as an unlawful act of rebellion involving opposition to, or a refusal to submit to, a legitimate leader or government. Such rebellion is organized and backed by weaponry and force capable of threatening the stability and security of the Islamic government. The criteria for classifying an act as bughat include the rebels having an obeyed leader and possessing military strength and substantial weaponry

THE LEGALITY OF SOCIAL GATHERING: BETWEEN TRADITION, LAW, AND DISPUTES

2026-09-02T07:48:13+00:00

Social Gathering is a socio-economic tradition deeply rooted in Indonesian society, serving as a form of mutual cooperation and a means of saving money. However, with the changing times, the practice has transformed into online formats involving increasingly large sums of money, thereby triggering various disputes such as payment defaults and breaches of contract. This study aims to analyze the legality of social gathering across three aspects: as a tradition, from a legal perspective, and within the context of dispute resolution. A normative-juridical method was employed, utilizing statutory, conceptual, and comparative approaches. Data sources included a literature review comprising the Indonesian Civil Code, the ITE Law (Electronic Information and Transactions Law), fiqh muamalah (Islamic commercial law) literature, as well as journals and court rulings related to social gathering disputes. The findings indicate that, as a tradition, social gathering is legitimate and aligns with the Islamic value of ta’awun (mutual assistance). However, under positive law, social gathering lacks a specific legal framework; consequently, it is categorized as an "unnamed contract" under Article 1338 of the Civil Code, which is governed by the principle of freedom of contract. This regulatory ambiguity creates legal vulnerability, particularly regarding online social gathering, which is susceptible to fraud. Disputes arising from social gathering can be resolved through non-litigation channels such as mediation, sulh (amicable settlement), and the intervention of community leaders or through litigation in general or religious courts. The study concludes that strengthened regulations and legal education are necessary to ensure that social gathering as a positive community tradition can operate without generating disputes. The concept of maslahat (public interest/benefit) in Islamic law and the principle of legal certainty in positive law can serve as a foundation for formulating legal protections for social gathering participants.