Publication Search

A ruling is a decision delivered by a judge in a trial, aimed at resolving a dispute or legal matter between the parties involved. There are various types of rulings, such as Declarative Rulings, Constitutive Rulings, Condemnatory Rulings, Contradictory Rulings, and Default Rulings. Each ruling has two kinds of authority: binding authority and executive authority, which refers to the power to enforce the ruling. Judges play a central role and have a significant responsibility in upholding the law and justice. Therefore, judges' professionalism must continually be improved to ensure that rulings are fair and in accordance with applicable regulations. Not only judges, but all members and staff of the Religious Courts are also required to enhance their professionalism in performing their duties. This is particularly important considering the expanded jurisdiction of Religious Courts in handling cases in the field of Islamic economics, which is still relatively new. As a result, the application of the concept of judicial rulings in Indonesia’s Religious Courts must continue to evolve to meet the public's expectations for justice based on the law.

This study is based on the urgency of examining the inheritance rights of adopted children after their adoptive parents separate, examined from the perspective of Islamic law and positive regulations applicable in Indonesia. The main objective of this study is to analyze the legal status of adopted children and their inheritance rights after the adoptive parents' divorce based on both legal frameworks. The methodology used is a literature study by gathering information from various relevant references and regulations. The findings of this study indicate that under Islamic law, adopted children are not automatically entitled to inheritance, but can receive a gift, will, or mandatory will with a maximum limit of one-third of the adoptive parents' assets. Meanwhile, under Indonesian positive law, the inheritance rights of adopted children depend on the court's decision during the adoption process, and even though the adoptive parents have divorced, the inheritance rights remain recorded in accordance with the existing court decision. These findings reflect the need for legal certainty to protect the rights of adopted children and emphasize the importance of clear regulations to avoid inheritance conflicts after divorce. This study is expected to serve as a reference for policymakers and legal practitioners in addressing issues related to the inheritance rights of adopted children.

Bank Syariah Indonesia is a bank whose procedures are carried out in accordance with Islamic law. Bank Syariah Indonesia is a merger of BRI Syariah, BNI Syariah and Bank Mandiri Syariah which was inaugurated on February 1, 2021 or 19 Jumadil Akhir 1442 H. KUR financing is one of the products offered by BSI KC Gatot Subroto Jambi City to Micro, Small and Medium Enterprises (MSMEs). This study aims to determine the role of BSI in developing MSMEs in Jambi City. To determine the development of MSMEs after receiving financing from BSI and what factors cause the increase in the MSME economy in Jambi City. The research used by the researcher is a qualitative method, namely conducting observations, interviews and documentation with sources and collecting documentation in the form of documents related to financing. The data sources used by the researcher are primary data from the first source and secondary data from the second source. The results of this study indicate that: BSI has played a role in developing MSMEs in Jambi City by providing additional capital. Factors that have led to the increase in MSMEs in Jambi City are that BSI KCP Gatot Subroto makes it easier for customers to use KUR financing products and Micro, Small, and Medium Enterprises maximize the capital obtained. The implementation of BSI financing in increasing MSME businesses in Jambi City has been carried out in accordance with procedures, namely providing financing to customers who meet the requirements of BSI KC Gatot Subroto.

Indonesia's rapid population growth, particularly among adolescents, has raised concerns regarding its social and reproductive health implications, including rising rates of unintended pregnancies, premarital sexual activity, and the spread of sexually transmitted infections (STIs). In response to these issues, the government issued Government Regulation (GR) No. 28 of 2024 as a derivative of Law No. 17 of 2023 on Health. One of its provisions regulates the provision of contraceptives for school-aged children and adolescents. This study aims to examine the implications of this provision in relation to religious values, social morality, and the direction of national health policy. The research employs a normative qualitative approach using juridical-philosophical analysis, along with an assessment of public responses, religious leaders’ perspectives, and the views of state institutions regarding the regulation. The findings indicate that Article 103 paragraph (4) letter e has sparked controversy due to the use of the term "provision," which is perceived as ambiguous and contradictory to religious norms particularly Islamic teachings and is viewed as potentially legitimizing premarital sexual behavior among students. These findings highlight the necessity for the government to reassess regulations that conflict with religious and local cultural values. Furthermore, the study advocates for strengthening preventive reproductive health education grounded in religious and moral principles, rather than directly providing contraceptives within school settings.

The lifestyle of Indonesian society, especially among Generation Z, has been influenced by globalization and foreign popular culture, specifically the Korean wave or hallyu. Awareness of halal certification and knowledge and literacy about halal food are important to study as they influence Generation Z's purchasing decisions regarding Korean food. This study uses a descriptive method, namely a qualitative approach, while the type of research used is literature research in the form of books, interpretations of the Qur'an, Hadith, and others related to the problem to be solved. Halal food is food and drink that is permissible for consumption according to Islam, i.e., free from haram ingredients such as pork, meat from animals that have not been slaughtered in accordance with Islamic law, and alcohol. To determine whether food is haram, there needs to be a guarantee, such as a halal certificate, which is an absolute step to ensure that a product complies with applicable standards. Korean food is cuisine that has grown and developed from the Korean environment and culture, which has a unique taste, starting from the names of the dishes, which are able to attract the interest of the public, especially Generation Z.  

The phenomenon of using non-Hajj visas for pilgrimage has deprived many pilgrims of legal protection, with numerous cases of arrests by Saudi authorities resulting in deportation and even a ten-year ban on entering Saudi Arabia. This study adopts a qualitative case study design with an empirical legal research approach. Data were collected through interviews and document analysis at PT Mirbath Tour and Travel Palu. The primary data source was an interview with the Director of PT Mirbath, while secondary sources included the Qur’an, Hadith, legislation, journals, articles, theses, dissertations, and reference books. Data analysis employed reduction, presentation, and conclusion drawing. The findings highlight three key points. First, PT Mirbath facilitated Hajj departures using multiple-entry visas with significant limitations, such as the absence of tents in Mina and Muzdalifah, restricted access to facilities, and alternative routes from Riyadh to bypass checkpoints. Second, the use of non-Hajj visas indicates that the implementation of Law of the Republic of Indonesia No. 8 of 2019 on the Administration of Hajj and Umrah has not been effectively enforced, with policy gaps and weak operational oversight remaining apparent. Third, although the contractual arrangements applied appear consistent with the principles of Islamic jurisprudence (fiqh muamalah), they conflict with the foundations of sharia economic law, as the use of non-Hajj visas involves elements of gharar (uncertainty), lack of transparency, and contractual objectives inconsistent with maqasid al-shariah.

This article analyzes the fundamental differences between the mechanisms of fund collection and fund distribution in Islamic banks and conventional banks in Indonesia, based on DSN-MUI Fatwas and banking regulations. In general, both types of banks serve the same function—to collect and distribute funds to support economic activities. However, the main distinction lies in their operational principles. Conventional banks operate using a fixed interest system, establishing a creditor–debtor relationship. In contrast, Islamic banks operate based on Sharia principles that prohibit riba (usury). In fund collection, conventional banks use interest-based savings and deposit products, while Islamic banks apply Wadiah (safekeeping) and Mudharabah (profit-sharing investment) contracts. Regarding fund distribution, conventional banks provide interest-bearing loans, whereas Islamic banks offer financing through Sharia contracts such as Murabahah (cost-plus sale), Musyarakah (partnership), Mudharabah (profit-sharing), and Ijarah (leasing), emphasizing cooperation and risk-sharing. Although Islamic banking is regulated under Law No. 21 of 2008 and DSN-MUI Fatwas, it still faces several challenges, including the dominance of Murabahah financing and the low level of public literacy regarding Islamic financial systems.

This research analyzes the fundamental conflict between state regulation and Sharia principles regarding cryptocurrency in Indonesia, aiming to explore the views of Islamic scholars and the legal perspective in the Qur'an and its interpretations. Cryptocurrency has become a popular investment trend, especially among the youth. While the Bank Indonesia (BI) prohibits its use as a legal payment instrument, its trading activity is legalized as an investment asset under the supervision of OJK and BI. Conversely, the MUI Fatwa and the majority of scholars declare crypto transactions as forbidden (haram) due to the presence of elements prohibited in Islamic economics: riba (usury) and gharar (uncertainty). Gharar is linked to the extreme price volatility that encourages speculation (maysir) and the non-physical nature of crypto. Riba, on the other hand, is associated with the potential for unfair profit in lending and staking mechanisms. This prohibition is rooted in the interpretation of the Qur'an (QS. Al-Baqarah: 275 and QS. An-Nisa: 29), which strictly forbids riba and consuming others' wealth through bathil (unlawful) means. Consequently, although legally accepted as an investment asset, many scholars view crypto as violating the principles of justice and transparency in Islamic economics.

The principle of "Al-Umuru Bi Maqasidiha," meaning "everything depends on its purpose," is one of the main principles of Islamic law that plays a crucial role in Islamic economic practices. This research aims to outline the meaning, legal basis, branches, and application of this principle in modern economic activities. The method used is a literature review, examining the Quran, Hadith, the opinions of scholars, and contemporary studies related to Islamic economics. The results of the study indicate that intention is a key factor in determining the validity or invalidity of an act, both in worship and transactions. This principle is relevant to addressing contemporary transaction developments, such as Islamic banking, fintech, and digital investment instruments, by emphasizing objectives aligned with the maqasid al-shariah (Islamic principles). The evolving branches of this principle emphasize the role of intention in distinguishing between custom and worship, establishing the validity of contracts, and transforming permissible activities into acts of worship. Its application in Islamic economics encompasses transaction contracts, asset management (mal), and Islamic banking practices, all of which are directed toward achieving benefits and preventing harm. In conclusion, the principle of Al-Umuru Bi Maqasidiha (The Principle of Proper Conduct and the Principle of Good Conduct) is highly urgent in building an Islamic economic system that is just, imbued with integrity, and oriented toward blessings.

This study explores the issue of misallocated zakat distribution at BAZNAS Cilegon, emphasizing the significance of trustworthiness (amanah) and accountability within the Islamic framework. Zakat serves not only as an act of worship but also as a socio-economic instrument designed to reduce inequality and improve community welfare. However, in practice, its distribution often encounters obstacles, particularly regarding transparency and the accuracy of targeting beneficiaries. Employing a qualitative approach with a library research method, this study analyzes scholarly journals, books, and official reports relevant to the topic. The findings reveal that weak beneficiary data collection, insufficient verification processes, and limited monitoring mechanisms contribute to zakat being distributed to unintended recipients. The suspected misuse of zakat funds at BAZNAS Cilegon highlights the urgent need for trustworthy and transparent governance supported by modern management systems. The implications of this study suggest that strengthening monitoring systems, implementing regular sharia-based audits, utilizing digital technology for data integration, and enforcing strict sanctions against negligent or dishonest amil are crucial steps to rebuild public trust. Ultimately, zakat can only achieve its dual function as a form of worship and as an instrument of social justice when managed with integrity, transparency, and professionalism.

Inheritance involving adopted children often becomes a complex and controversial issue in Indonesia’s dual legal system. In Islamic law, inheritance is strictly based on blood and marital relationships; therefore, adopted children are not considered legal heirs. To address this limitation, Article 209 of the Compilation of Islamic Law (KHI) introduces the concept of a wasiat wajibah or mandatory will, allowing adopted children to receive up to one-third of the adoptive parents’ estate. In contrast, civil law treats adopted children as equivalent to biological children if the adoption is legally recognized, granting them full inheritance rights. These contrasting provisions create legal disparities and confusion within society. This study aims to explore the different legal treatments of adopted children under both systems, identify the challenges they face, and analyze efforts toward harmonization. Using a qualitative, normative-juridical approach through literature and regulatory analysis, the study finds that Islamic law restricts inheritance through gifts and wills, while civil law ensures equal rights. Challenges include legal uncertainty, inconsistent judicial interpretations, and potential conflicts between adopted and biological heirs. Harmonization efforts are reflected in KHI provisions, legal reforms on adoption, and judicial practices seeking to balance sharia principles, social justice, and legal certainty.

The agricultural sector plays a crucial role in supporting the livelihoods and economic stability of Indonesian society, particularly within the Pademawu community. Indonesia’s vast agrarian landscape and strong reliance on agriculture have shaped various local traditions and cooperative systems among farmers. One such system is the muzara’ah agreement, a form of agricultural profit-sharing partnership between landowners and cultivators. This research focuses on the implementation of the Paron La’as agreement, a traditional form of muzara’ah practiced by the Pademawu community, which reflects both economic cooperation and Islamic legal principles. The study employs a qualitative approach using a field research design to collect descriptive data through interviews, observation, and documentation. The findings reveal that the Paron La’as system is conducted in accordance with the principles of Islamic law governing muzara’ah contracts, particularly in terms of fairness, mutual consent, and proportional profit distribution between landowners and farmers. Moreover, the study highlights how this cooperative practice not only strengthens economic ties within the community but also preserves local wisdom and social harmony. Therefore, the Paron La’as model demonstrates an effective integration of Islamic economic values with traditional agricultural systems, serving as a sustainable example of community-based agricultural cooperation in Indonesia.

The educational outreach program for the handling of corpses (tajhizul mayit) conducted by Group 29 of the STAIN Madina Community Service Program in Hutabaringin Julu Village aimed to provide theoretical and practical understanding to the community regarding the procedures for handling corpses in accordance with Islamic law. Participants included mothers, fathers, and young men and women, who were expected to disseminate this knowledge to the wider community. This study used a qualitative descriptive approach with a participatory method, allowing participants to be directly involved in the learning process. The implementation of the activity included several methods, such as lectures given by expert speakers, live demonstrations on corpse handling procedures, corpse handling simulations, and discussions that actively involved participants. This activity was designed so that participants not only understood the theory but also had practical skills in handling corpses in accordance with Islamic teachings. The results of this activity showed a significant increase in participants' understanding and skills in handling corpses. In addition to increasing religious literacy, this activity also fostered collective awareness regarding the importance of fardhu kifayah obligations, which are a shared responsibility of the community. It is hoped that through this activity, the community will be better educated and better prepared to carry out religious duties properly.

Eclecticism in the Compilation of Islamic Law (KHI) is evident through the incorporation of various opinions from different schools of Islamic jurisprudence, including the Shafi‘i school as the dominant madhhab in Indonesia, as well as the Hanafi, Maliki, and Hanbali schools, alongside several modern approaches. This method reflects an effort to reconstruct Islamic law so that it aligns with social needs and the national legal system. This study employs a library research method. The primary sources consist of the official text of the KHI, classical fiqh works from the four major schools (Hanafi, Maliki, Shafi‘i, and Hanbali), and contemporary literature on Islamic family law in Indonesia. The analytical techniques used include document study, article content analysis, and tracing the compatibility of madhhab opinions with the norms adopted in the KHI, supplemented by a sociological approach to assess the implications of its implementation in practice. The findings indicate that the application of eclecticism in Book I of the KHI is grounded in (a) social plurality; (b) the sustainability of the national legal system; (c) the values of justice; and (d) legal adaptability. The procedural steps of madhhab-based eclecticism in the KHI involve: (a) identifying issues of Islamic law to be compiled, (b) examining textual evidences and madhhab opinions, (c) selecting the most beneficial view (maslahah), (d) harmonizing it with the national legal system, and (e) conducting academic validation and social feasibility testing.    

This study has two main objectives: first, to analyze the application of the principle of ultra petitum partium in talaq divorce cases based on the Decision of the Sleman Religious Court Number 1086/Pdt.G/2024/PA. Smn; Second, to examine the basis of judges' legal considerations in determining matters that are not explicitly requested, especially from the perspective of the protection of the rights of the wife. This study uses a normative juridical method with a case approach and a statute approach. The results of the study show that the provision of iddah maintenance by the judge based on the mediation agreement of the parties does not violate the principle of ultra petitum partium. However, the determination of mut'ah in the absence of an explicit request in the petitum has the potential to be contrary to this principle. However, the judge's actions can be justified through ex officio authority in order to protect the rights of the wife, in accordance with Article 158 of the Compilation of Islamic Law. These findings highlight the tension between procedural legal certainty and substantive justice in the religious justice system. This study recommends that judges explicitly state legal grounds when exercising ex officio authority, to ensure transparency and accountability in decisions.

This study examines Ahmad Mustain Nasoha’s thoughts on the relationship between the constitution and Islamic law (sharia) within the context of Indonesian citizenship. The interaction between religion and the state in Indonesia has always been a dynamic discourse, particularly in balancing Islamic values as the majority religion with the constitutional principles rooted in Pancasila and the 1945 Constitution. This research employs a qualitative method using a literature review approach to analyze Nasoha’s works and perspectives on integrating Islamic values into the legal and state systems. The findings reveal that, according to Nasoha, Islamic law should not be formalized in a legalistic manner but should function as a moral inspiration and social norm within national life. Through the perspective of legal syncretism, Islamic law, customary law, and national law can be harmonized to create an inclusive and just legal system. Pancasila serves as a meeting point that bridges religious and constitutional principles, allowing Muslims to practice Islamic teachings without conflicting with the constitution. Nasoha’s thought offers a moderate and contextual model of citizenship suitable for Indonesia’s pluralistic society.

This study aims to analyze and compare legal protection for parties in a sale and purchase agreement based on the Civil Code (KUHPer) and Islamic law, using the fiqh muamalah approach. A sale and purchase agreement is a very common legal transaction in everyday life, so it is important to ensure legal certainty and justice for all parties involved. The research method used is normative-comparative with literature study techniques, which allows researchers to examine the differences and similarities in legal protection in both legal systems. The results show that in civil law, there is an emphasis on the principle of freedom of contract which gives space for the parties to determine the contents of the agreement according to their wishes, as long as it does not violate applicable laws and regulations. The formal form of the agreement is also an important aspect of legal protection, with regulations regarding default and fulfillment of performance that give the injured party the right to obtain compensation or fulfillment actions in accordance with the agreement. Meanwhile, Islamic law emphasizes the aspect of the lawfulness of the object of the sale and purchase, which must meet certain conditions for the transaction to be considered valid. Furthermore, in Islamic law, the consent or voluntary agreement of both parties is a primary requirement for a valid sale and purchase agreement to conform to the principles of substantial justice. While these two approaches differ philosophically and normatively, they share the same goal of protecting the rights and obligations of the parties involved in the sale and purchase agreement, thereby creating a fair transaction that does not disadvantage either party. The differences in approach between civil law and Islamic law are also evident in the dispute resolution mechanisms.

The low level of students’ understanding of religious practices and Islamic values in daily life poses a significant challenge in teaching Islamic Religious Education (PAI). In the topic of “Hajj and Umrah” for Grade IX students at SMP PGRI Bencoy, Cireunghas District, Sukabumi, the learning process plays a vital role in shaping Islamic character and instilling noble morals. This subject not only emphasizes theoretical knowledge but also promotes a deeper understanding of the procedures for performing Hajj and Umrah in accordance with Islamic law. This study aims to critically analyze the learning objectives, content, methods, evaluation, references, and teaching materials used by teachers in the instructional process. A qualitative approach was employed, with data collected through classroom observations, interviews with teachers and students, as well as an analysis of learning documents. The findings reveal that PAI instruction on the topic of Hajj and Umrah is aligned with the basic competencies and curriculum requirements. However, shortcomings remain in the relevance of the material to real-life contexts, the limited use of technological media, and the less-than-optimal assessment of affective and psychomotor domains. Strengthening students’ understanding of Islamic teachings in their daily lives is essential for developing a holistic Islamic personality. Overall, while the teaching materials are relatively appropriate, further development is needed to make them more applicable, contextual, and impactful in enhancing students’ comprehension and practice of Islamic teachings in everyday life.

Islamic law faces significant challenges from the rapid advancements in bioethics and artificial intelligence (AI). The current responsive approach, based on ad-hoc fatwas, is deemed inadequate to address the systemic ethical dilemmas posed by these disruptive technologies. This research aims to propose a proactive and systematic ijtihad framework capable of anticipating and guiding technological innovation to align with the higher objectives of Shari'ah (Maqasid al-Shari'ah). Using a qualitative, library-based method with a juridical-normative and philosophical approach, this study analyzes primary and secondary Islamic legal sources through the Maqasid al-Shari'ah theoretical framework. The research finds the current model to be limited and, as a solution, offers a novelty in the form of the Hierarchical Model of Technological Ijtihad (HI-Tech). This model is a structured, interdisciplinary reasoning process, supported by a proposed institution, the Bio-Artificial Ijtihad Council (MIBA), and a digital platform, "Nur-Fatwa," for dissemination. The implication of these findings is the need for a paradigm shift for Islamic legal institutions towards an anticipatory, interdisciplinary, and institutionalized approach to address contemporary technological issues, thereby ensuring the continued relevance of Islamic law.

The comprehensive field of Islamic education encompasses not only all levels of schooling but also includes religion, ethics, history, law, and the Quran and Hadith. As part of Islamic religious education (PAI), students are taught to live in harmony with Allah, themselves, other humans, all living things, and the natural world, embodying the concept of Hablun Minallah wa Hablun Minannas. The main objective is to shape students' belief, understanding, and practice of Islamic teachings through planned learning activities, training, and guidance. Islamic religious education is an endeavor by educators to shape students' beliefs and practices via structured instruction, training, and guidance. This study explores the features of Islamic education resources across various educational levels, examining the types of instruction designed to identify these materials and evaluate their pros and cons. The study discovered that Islamic Religious Education (PAI) materials from different grade levels and educational types exhibit distinct characteristics. These differences include variations in content, weight, depth, as well as psychological, philosophical, sociological, and technological aspects. Understanding the characteristics of PAI materials at various educational levels is crucial for developing more effective, relevant curricula and teaching methods tailored to students' developmental needs. The findings of this study are also intended to serve as a reference for educators when developing PAI learning materials suitable for students' educational and developmental levels.