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Arhaj, Muhammad Fiqhri; Nasibah, Asri Aryanti; Aisyah, Siti Nur; Ajijah Nugraha, Nabila Zahran; Putri, Melva Adinda +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

Agnes Novita Br Simanjorang; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Daniel Fransisto Hutabarat; Fahira Silva Dilla Nst +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of understanding of the law and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.  

Arofiani Mutmainah; Dina Cheetah Khairiyah; Habibah Ramadhani Nasution; Rafly Aditya Sambo; Septian Dwi Cahya +1 more

Zoologi: Jurnal Ilmu Peternakan, Ilmu Perikanan, Ilmu Kedokteran Hewan 2025 Asosiasi Riset Ilmu Tanaman dan Hewan Indonesia

The demand for goats for religious rituals such as aqiqah and qurban during Eid al-Adha has shown a significant upward trend each year, in line with the growing awareness among Muslims to observe religious practices in accordance with Islamic law. This study aims to explore the strategies employed and the challenges faced by traditional goat farmers in responding to this evolving demand. A descriptive qualitative approach was used, with data collected through in-depth interviews, field observations, and documentation. The subject of this study was Mr. Anto, an experienced goat farmer and trader who manages the “Adinda Aqiqah” business in Medan City. The findings reveal that Mr. Anto’s main strategies include stock management through the raising of hundreds of goats of various breeds (Kacang, Etawa, and sheep), the selection of high-productivity superior breeds, and the setting of competitive selling prices for both qurban and aqiqah needs. On the other hand, the primary challenges encountered include limited infrastructure, particularly at sales locations, animal health risks due to adverse weather conditions, and the lack of effectiveness in using social media as a marketing tool to reach a wider consumer base. These findings offer a clear picture of how traditional livestock practices adapt to market demands, while also highlighting the need for improvements in technology, marketing, and policy support to enhance competitiveness in this dynamic, seasonal market.

Ainur Rochmah; Dudik Djaja Sidharta; Noenik Soekorini

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Sex reassignment of transsexual individuals is something that is quite viewed by many people, regarding the legal status of a person who undergoes sex reassignment surgery, especially with marriage in Indonesia, and the District Court Decree (PN) provides guidance and explanation regarding this matter. The nature of God Almighty creates two sexes between male and female, along with the development of science and technology, especially in the field of medicine for those who experience conditions can also be called Sex Reassignment Surgey as a form of treatment in order to match their soul. Therefore, the researcher analyzes how Islamic law and national law regulate the legal status of transsexuals after sex reassignment and its implications for their rights and analyzes the procedure for sex reassignment and its impact. The stages of analysis use the descriptive method and deductive mindset. The results of this study conclude about the replacement of transsexual genitals in the consideration of the judge and granting the application in accordance with Islamic law and national law based on Law number 4 of 2004 written in article 28 paragraph 1.

Dyah Erlina Sulistyaningrum; Suryadi Suryadi; Husin Husin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The obligation to seek knowledge holds a central position in Islamic law, grounded in strong normative and theological principles. Islam classifies the pursuit of knowledge as fardhu ‘ain (an individual duty) for essential religious and worldly knowledge, and fardhu kifayah (a collective duty) for broader societal needs. This article explores the legal foundations of this obligation in Islamic jurisprudence and examines its relevance in the context of contemporary education. Using a normative-juridical method, this study analyzes primary Islamic sources such as the Qur’an, Hadith, and the views of classical and modern scholars. The findings show that Islam does not treat knowledge merely as a tool for personal development, but as a moral and spiritual responsibility. In modern educational systems, these values remain highly relevant, particularly in addressing ethical decline and the loss of purpose in learning. This article recommends the integration of Islamic legal perspectives on knowledge into educational curricula to help restore the spiritual and moral aims

Agnes Novita Br Simanjorang; Sri Hadiningrum; Parlaungan Gabriel Siahaan; Daniel Fransisto Hutabarat; Fahira Silva Dilla Nst +1 more

International Journal of Economics, Commerce, and Management 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study aims to analyze Legal Protection and Gender Justice for Women in the Practice of Siri Polygamy: Analysis of the Principles of Islamic Civil Law. The practice of polygamy in Indonesia often causes injustice for women, who do not receive adequate legal protection. This study analyzes the relationship between the principles of Islamic civil law and the reality faced by women in the practice of siri polygamy. Although Islamic law emphasizes justice and protection of women's rights, many women are trapped in situations of injustice due to a lack of legal understanding and social stigma. This study uses a normative juridical method to explore the truth between legal norms and practices in the field. The results of the study indicate that minimal social support, lack of understanding of legal rights, and social stigma contribute to the injustice experienced by women. To improve legal protection and gender justice, it is recommended that there be recognition and registration of siri polygamous marriages, strengthening of legal regulations, assistance for women, and education and socialization regarding legal rights. With these steps, it is hoped that women's rights in the practice of siri polygamy can be fulfilled fairly within the framework of Islamic law and state law.

M. Nazki Toriqissalam; Tajul Arifin

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the prohibition of gambling from the perspective of the Hadith narrated by Bukhari No. 5787 and its relevance to the practice of online gambling in the digital era. The study employs a qualitative approach with descriptive-analytical methods focusing on the analysis of hadith texts and Indonesian positive law, particularly Article 27 Paragraph (2) of Law No. 11 of 2008 on Electronic Information and Transactions (ITE Law). The findings reveal that online gambling has destructive impacts on individual morality, family resilience, and the economic stability of society. Bukhari’s Hadith strictly forbids all forms of gambling, including invitations to gamble, and offers charity as an alternative act of purification. Although Indonesian positive law regulates online gambling prohibition, challenges remain in its effective enforcement. This article highlights the need for a synergistic approach between religious normative values and state law enforcement to address the phenomenon of online gambling comprehensively.  

Aina Mulia Rizky; Parlaungan Gabriel Siahaan; na Diva Ivan De La Pena Ginting; Desi Marlina Sidabutar; Nazwa Clarissa +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

Mohammad Ghozali; Tajul Arifin

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The policy of granting Mining Business Licenses (IUP) to universities under Article 51A of the Minerba Bill raises legal, ethical, and sustainability concerns. This study applies a qualitative approach through literature review to examine the provision from the perspectives of Indonesian law and Islamic teachings. The findings reveal that allowing universities to manage mining permits risks diminishing their academic role, compromising scholarly independence, and fostering potential conflicts of interest. From the standpoint of positive law, this policy contradicts the precautionary principle, social justice, and educational objectives enshrined in the 1945 Constitution, the Higher Education Law, and the Environmental Protection Law. In Islamic thought, irresponsible exploitation of natural resources is classified as fasād (corruption), strictly prohibited, as reflected in Hadith No. 479 narrated by Bukhari. The study concludes by rejecting the provision and recommends repositioning universities as guardians of sustainability values rather than participants in extractive industries.

Nur Shena Hindriastusi; Tajul Arifin

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to analyze the correlation between Article 1 of Law No. 7 of 1984, which ratifies the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and selected hadiths narrated by Imam Tirmidhi, especially in addressing issues of discrimination and gender injustice. Using a descriptive-analytical method and a normative juridical approach, this study relies on primary data sources such as national legislation and the Jami’ at-Tirmidhi hadith collection, as well as secondary data from relevant Islamic legal and scholarly literature. Data collection was conducted through literature review and analyzed qualitatively. The findings indicate that there are normative foundations and values within the hadiths that can be reinterpreted contextually and in line with maqashid al-shari’ah, supporting the principles of justice and gender equality as mandated in Indonesian positive law.  

Erni Erni; Tajul Arifin

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of divorce without going through a formal court process, commonly referred to as informal or unregistered divorce, remains prevalent in Indonesian society despite clear regulations outlined in Law Number 1 of 1974 on Marriage. This paper aims to examine the legal dimensions of such practices and explore the social and psychological impacts, particularly on children. Findings indicate that divorces conducted outside the legal framework not only violate national laws but also often result in disadvantages for vulnerable parties, especially women and children. In Islamic teachings, while divorce is permissible, it is considered the most detested lawful act by Allah and should only be pursued after all efforts at reconciliation have failed. National legal provisions echo this perspective by emphasizing mediation and the principle of justice as primary steps in resolving marital disputes. This alignment reflects a harmony between religious norms and state law. Therefore, public awareness of proper legal procedures for divorce needs to be enhanced to protect individual rights and preserve family stability. Strengthening legal education and premarital counseling are effective preventive strategies in this regard.  

Nabila Rahmadani; Tajul Arifin

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The role of fathers in children's lives cannot actually be underestimated. Unfortunately, there are still many children in Indonesia who grow up without the presence or maximum role of a father. This phenomenon is known as fatherlessness. Either because the father is not there (due to divorce or death), or because the father is there but does not carry out his role well. In fact, according to Islamic teachings and legal regulations in Indonesia, fathers have a big responsibility to provide for their children, both materially, with love and attention. Through this study, it is discussed how Islam provides strong warnings for negligent fathers, even calling it a major sin. The Prophet's hadith also emphasizes a lot about a father's responsibility towards his family. Not only that, Indonesian law also has clear regulations regarding sanctions for fathers who abandon their children, including criminal threats. In essence, fathers are not only breadwinners, but also important figures in children's growth and development. If this role is ignored, the impact could be big for the child, family, and even the future of the father himself. The state and society must care more about this, so that Indonesian children can grow up healthy, complete and happy.

Khairunnisa Khairunnisa; Rahmi Sekar Andhini

JUREKSI (Journal of Islamic Economics and Finance) 2025 STIKes Ibnu Sina Ajibarang

This study uses a qualitative method and aims to dissect the differences between Islamic economics and conventional economics. This study found that Islamic economics is based on Islamic principles reflected in the Qur’an and Hadith, emphasizing social justice, balance, and avoiding elements of usury, gharar, and maysir in every economic activity. Meanwhile, conventional economics is based on the principles of a market economy that aims to maximize material profits without considering spiritual or moral aspects. The source of conventional economic law comes from rules made by humans, while Islamic economics refers to the law of Allah. The Islamic financial system uses profit- sharing mechanisms and halal investments, while the conventional system relies on interest as the main source of income. In addition, Islamic economics integrates social instruments such as zakat, infaq, and sedekah for wealth redistribution, while conventional economics emphasizes taxes and government policies. Thus, this study confirms that the fundamental differences between the two systems lie in their philosophical foundations, objectives, and operational mechanisms.  

Maulia Dwi Yanti; Fifi Nur Aisha; Lughna Vika Sundusy

Jurnal Bisnis, Ekonomi Syariah, dan Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study discusses the ethics of Muslim entrepreneurship in facing the challenges of modern capitalism. Capitalism, characterized by profit orientation, individualism, and materialism, often clashes with the moral and spiritual principles of Islam. Muslim entrepreneurs are expected to uphold the values of honesty, trustworthiness, justice, and excellence (ihsan) in their business practices, even under pressure from efficiency demands and free-market competition. This research uses a qualitative approach with a library research method to explore practical strategies that Muslim entrepreneurs can apply to remain ethical and compliant with Islamic law. The findings show that Islamic ethical principles serve not only as moral guidance but also as a competitive strength in capitalist economic systems.

Nabila Raihana; Clara Oktaviana; Herfita Ayu Nayla; Kurniawati Dwi Desriana; Sulistiowati Sulistiowati +3 more

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Hibah is a form of voluntary gift given by a person to another while the giver is still alive. In practice, hibah often leads to legal issues, especially when a revocation occurs, which frequently results in disputes between the donor and the recipient. This study employs a normative approach using qualitative methods to examine the causes and legal implications of hibah revocation, as well as the requirements that must be fulfilled for the revocation to be legally valid under Islamic law. The findings indicate that revocation is permissible under certain conditions, such as when the hibah contradicts its intended purpose, exceeds one-third of the donor’s assets, or the recipient commits a breach of agreement. In Islamic law, there are differing opinions among schools of thought regarding the permissibility of revoking hibah given to one’s child. However, according to the Compilation of Islamic Law (KHI), parents have the right to revoke a hibah at any time. The legal consequences of revoking a hibah include the loss of ownership rights over the gifted property, potential family conflicts, and prolonged litigation processes. Therefore, a comprehensive understanding of the legal terms and conditions of hibah is essential to avoid future disputes.

Hana Reswara Ardiana; Baidhowi Baidhowi

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of digital technology has brought various innovations to the financial system, one of which is sharia crowdfunding. As a form of technology-based fundraising based on sharia principles, this mechanism aims to avoid elements of usury, gharar, and maysir which are prohibited in Islam. This article discusses the legal aspects and operational mechanisms of sharia crowdfunding from the perspective of Islamic law and regulations in Indonesia. By using a qualitative research method based on literature analysis, sharia crowdfunding has a strong legal basis through the fatwa of the National Sharia Council-Indonesian Ulema Council (DSN-MUI) and the regulations of the Financial Services Authority (OJK). In practice, sharia crowdfunding uses various contracts such as mudharabah, musyarakah, and wakalah bil ujrah to ensure fair and transparent transactions. Although it has promising prospects, challenges such as lack of sharia financial literacy, limited specific regulations, and digital security aspects are still major obstacles in its implementation. Therefore, collaboration between regulators, industry players, and the community is needed to encourage a more inclusive and sustainable sharia crowdfunding ecosystem.  

Damar Tangguh Rabani

Jurnal Ekonomi Keuangan Syariah dan Akuntansi Pajak 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This paper explores the role of Green Sukuk in advancing sustainable development in Indonesia, with a focus on its alignment with Islamic law and the principles of maqashid al-shariah. The research aims to examine the impact of Green Sukuk as a financial instrument in supporting environmentally friendly projects such as renewable energy, waste management, and green transportation. Using a qualitative approach, the study analyzes the legal, economic, and ethical dimensions of Green Sukuk, as well as its contributions to social justice and environmental sustainability. The findings reveal that Green Sukuk not only fulfills Islamic financial principles by being free from haram elements like riba, gharar, and maisir, but also serves as an instrument for equitable development by directing funds to sustainable projects that benefit society and the environment. However, the study identifies challenges such as limited private sector involvement, lack of in-depth project evaluation, and insufficient public awareness. The research suggests that future studies should focus on evaluating the effectiveness of Green Sukuk projects on the ground, conduct international comparisons to identify best practices, and enhance the role of the private sector and public engagement in expanding the scope of Green Sukuk. Ultimately, this paper contributes to the growing discourse on Islamic finance and sustainability, demonstrating that Green Sukuk is not only a financial tool but also a medium for social and environmental responsibility in line with Islamic teachings.

Ainiyyah Lumula, Adelia Nurfatma; Rajak, Arafik; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The rejection of isbat nikah applications in religious court practice, particularly in the context of polygamy, is a complex issue with far-reaching implications for the legal status of marriage, the rights of wives and children, and legal certainty. This study aims to analyze the legal considerations of the panel of judges in rejecting the application for isbat nikah polygamy at the Kwandang Religious Court and to examine the legal consequences arising from the rejection. This research uses an empirical juridical method with a case approach, which is analyzed based on primary data in the form of court decisions and interviews with judges and related parties, and secondary data in the form of legal literature, legislation, and relevant legal journals. The results show that the rejection of polygamous marriage isbat nikah applications is generally caused by the non-fulfillment of substantive requirements as stipulated in Pasal 4 and 5 of Undang-Undang Nomor 1 Tahun 1974 concerning Marriage jo. Compilation of Islamic Law (KHI), such as the absence of permission from the first wife or the lack of proof of the reasons that allow polygamy. The legal consequences of this rejection include the formal non-recognition of the legal status of the second marriage, which has an impact on the non-fulfillment of the civil rights of the second wife and the children born, such as inheritance rights and citizenship status. This study recommends the need to strengthen legal education to the community as well as harmonization between state law and religious law to ensure the legal protection of women and children in the context of polygamy.

Anggry Muktiyah; Rizki Eliana; Zikri Darussamin

AL-MUSTAQBAL: Jurnal Agama Islam 2025 STIKes Ibnu Sina Ajibarang

The phenomenon of paid nikah muhallil reflects a serious deviation in public understanding of Islamic teachings on marriage. This practice is carried out to circumvent the prohibition of reconciliation after a triple divorce by engineering a temporary marriage through financial compensation. This study aims to examine paid nikah muhallil from the perspective of the Prophet’s hadiths and the urgency of proper Islamic legal socialization. A qualitative method with a descriptive-analytical and takhrij hadith approach was employed, involving library research of primary and secondary sources. The findings show that the hadiths addressing the prohibition of nikah muhallil are authentic (shahih) and well-known (masyhur), supported by various hadith compilations and scholarly opinions. This practice is explicitly forbidden as it contradicts the objectives of Sharia (maqashid syariah) and undermines the moral and spiritual values of marriage. The implication of this study underscores the importance of structured hadith education and socialization to prevent society from engaging in legal manipulation that harms family integrity and Islamic values.  

Lia Sulistiarini; Nelsi Mersa Dila; Fitria Rahmadina; Nurzelika Putri; Septia Tri Wahyuni +5 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In this article, sexual violence in Islamic boarding schools is discussed in relation to human rights violations. Many incidents show the practice of sexual violence involving officials, even though Islamic boarding schools are considered educational institutions that instill moral and religious values. The purpose of this study is to determine the types of human rights violations, the factors that cause sexual violence, and the function of Islamic boarding schools in preventing and implementing efforts to protect victims. This study uses a qualitative method using case studies and literature analysis. The results of the study indicate that verbal, physical, and psychological violence are forms of sexual violence in Islamic boarding schools. These incidents are influenced by patriarchal cultural norms, unequal power dynamics, and lack of supervision from outside parties. Victims suffer greatly from the impact, both intellectually and mentally. Therefore, to provide a safe and free learning environment from sexual violence, a comprehensive strategy is needed that involves the rule of law, increasing awareness of human rights, and providing psychosocial support to victims.