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Salsabila Putri Nadira; Djanuardi Djanuardi; Betty Rubiati

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) often give rise to legal issues, particularly in divorce cases involving the division of marital property. A key challenge arises from the restriction on land ownership for foreign nationals under the Basic Agrarian Law. This study examines Decision Number 146/Pdt.G/2021/PA.Dps, in which an Indonesian wife was accused of extortion against her foreign husband in the context of a mixed marriage divorce. Using a normative juridical method and a descriptive-analytical approach, the study finds that the wife’s act of withholding her husband’s documents does not constitute extortion, but rather a form of self-protection due to the husband's failure to provide financial support. The findings emphasize that the division of marital assets in mixed marriages must consider the provisions of the Marriage Law, the Compilation of Islamic Law for Muslim couples, and the Basic Agrarian Law, especially regarding land ownership by foreign nationals. Therefore, resolving property disputes in mixed marriages requires a careful legal approach to ensure compliance with applicable laws.  

Nurlaila Nurlaila; Mira Anjani; Putik Kasih S; Juheni Lalawaralata; Amalia Naura H +1 more

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual harassment against children in Islamic boarding schools is a serious issue that demands special attention, particularly in the context of legal protection for victims. This study aims to analyze the position and role of child victims in the dynamics of sexual harassment crimes within pesantren, as well as to identify forms of legal protection that can be provided through a victimological approach. One of the cases highlighted in this research occurred at Bani Ma’mun Islamic Boarding School, located in Gembor Udik Village, Cikande Sub-district, Serang Regency, which illustrates the weak protection afforded to children in religious educational environments. By employing an empirical juridical method and referring to secondary data such as legislation, legal documents, and academic literature, this study finds that child victims often do not receive optimal protection, either in the criminal justice process or in terms of psychosocial support. The victimological perspective emphasizes the importance of fulfilling victims' rights, including the right to security, physical and mental rehabilitation, and social reintegration. In this context, protection efforts should not only focus on imposing sanctions on perpetrators but also include the formulation of policies oriented toward the recovery of victims. Therefore, this study recommends strengthening institutional capacity within pesantren to develop and implement comprehensive child protection mechanisms, including regulatory reform and more responsive law enforcement toward victims of sexual crimes. This research is expected to contribute to the development of a legal framework that is more victim-oriented within Indonesia’s criminal justice system.

Musa Azhari; Junida Sari Hasibuan

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Resolving Islamic legal issues can be done through a legal and diplomatic approach. The legal approach refers to the formal legal system, such as religious courts and religious scholars' fatwas, which prioritize legal certainty based on the sources of Islamic law, namely the Qur'an, Sunnah, Ijma', and Qiyas. Meanwhile, the diplomatic approach emphasizes more on deliberation, mediation, and negotiation in order to achieve a peaceful solution that remains based on the principles of Islamic law. The combination of these two approaches can create a resolution mechanism that is more effective, fair, and in accordance with the needs of the Muslim community. The research method applied in writing this journal is a qualitative research method with a descriptive-analytical approach. This study describes how the resolution of Islamic law is carried out legally and diplomatically and analyzes the effectiveness of each method in practice. Research data were collected through a literature study of Islamic legal sources, religious court regulations, and cases of Islamic legal settlement. The results of the study indicate that the legal approach is more effective in providing legal certainty and protection of individual rights, while the diplomatic approach is more flexible in maintaining social harmony and avoiding prolonged conflict. Therefore, integration between these two approaches is very necessary in resolving Islamic legal issues more comprehensively and fairly.

Rizky Irfani; Hawa Hidayatul Hikmiyah; Imam Syafi’i

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

Islam prescribes marriage as a sacred and fundamental institution in human life, aiming to preserve dignity, lineage, and to build a harmonious (sakinah), loving (mawaddah), and compassionate (rahmah) family. In Islamic teachings, marriage can be conducted either monogamously or polygamously, with specific conditions. In Indonesia, polygamous practices are strictly regulated by various legal provisions, such as Law Number 1 of 1974 and the Compilation of Islamic Law. Nevertheless, polygamy remains a controversial issue in society, often carried out without fulfilling legal requirements, such as through unregistered (sirri) marriages. This phenomenon reflects a legal dualism between religious norms and state regulations. Furthermore, the social construction of polygamy shows that it is not merely a religious or legal issue, but also a product of social, cultural, economic dynamics, and the evolution of modern values. This study aims to explore how social construction shapes the perception and practice of polygamy and its implications for household harmony. Using a multidisciplinary approach, this study seeks to provide a comprehensive understanding of the relevance of polygamy in contemporary society and its impact on family structure and child welfare.

Zulfaqar Syah Rafsanjani; Vicka Wulandari; Rispiyanti Siti N; Cesya Hanifa Febryerko; Muhamad Parhan

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research examines the matrilineal inheritance system in Minangkabau society through the perspective of maqasid al-sharia and the principles of Adat Basandi Syarak, Syarak Basandi Kitabullah (ABS-SBK). The matrilineal inheritance system which transmits inheritance through the mother's lineage is considered controversial in relation to Islamic law which is based on faraid. Through a qualitative approach using literature study and interview methods, this research analyzes the fatwas of Minangkabau female clerics which emphasize that the customary system can be in harmony with the main objectives of Islamic law, such as the protection of life, offspring, property and religion. The results show that female ulama see this system as a form of contextual ijtihad that considers justice and social benefit. The distinction between high inheritance (custom) and search property (divided according to Islamic law) reflects the flexibility in combining adat and sharia. Therefore, the Minangkabau matrilineal inheritance system is not only considered valid according to custom, but is also relevant to maqasid al-sharia.

Suaidi Suaidi

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to provide an understanding of the religion of Muslims in using mosques as a means of community development. Mosques are not just a means of routine worship such as the five daily prayers, but mosques should be used as centers for community activities that are humanitarian in nature, both social and increasing competence in terms of understanding religious teachings, so that from the mosque a generation of Muslims who have adequate competence in terms of understanding religious texts grow and develop, so that religion is used as a guideline for life in living life in the world. Mosques are also a place for developing the economic empowerment of the community, so that the practice of Islamic law related to financial obligations such as zakat and the hajj can be carried out by the community who can use and utilize the mosque as a means of development.

Rafikah Marhani Hsb; M. Riswandi; Unaisyah Syalsyaqila

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study examines the contextual interpretation method developed by Abdullah Saeed, a progressive Muslim scholar who embraces a modern approach to understanding the Qur'an. This approach was created in response to textual interpretation methods in understanding the meaning of Qur'anic verses. Saeed emphasizes the importance of understanding revelation in its social and historical context so that Islamic teachings remain relevant to the times. One of the main concepts in this interpretation method is the hierarchy of values, which distinguishes between immutable and mutable teachings. This research uses a qualitative approach with a focus on literature, analyzing the works of Abdullah Saeed and previous research. The results of the research show that Saeed's Contextual Exegesis method is able to provide a more flexible understanding of the Qur'anic text, especially in verses related to law and ethics. One example of its application is the interpretation of the verse on the hijab in QS. Al-Ahzab: 59, where Saeed emphasizes that the command to wear the hijab has a specific social context that must be understood before being applied in modern life. This approach has broad implications for contemporary Islamic studies, particularly in addressing various social and legal challenges. However, this method has also faced criticism from conservative circles who argue that contextualization may obscure the original meaning of the Qur'an. Therefore, further research is still needed to explore its application in various aspects of Islamic life.

Parlaungan Gabriel Siahaan; Ramona Febiola Simorangkir; Adelia Br Aritonang; Grace Claudia Valerina Saragih; Joya Urmila Lubis +2 more

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

This study aims to examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.

Rofi Ayyasy; Handar Subhandi Bakhtiar

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Indonesia and Malaysia, as two Southeast Asian nations with shared historical and cultural ties, possess distinct legal sistem shaped by their colonial legacies. Indonesia adheres to a civil law sistem (derived from Dutch jurisprudence), while Malaysia follows a common law framework (inherited from British rule). Nevertheless, both jurisdictions incorporate Islamic law and customary legal traditions into their national legal sistem. This study conducts a comparative analysis of the legal sistem of both countries, with a particular focus on criminal law, civil law, and judicial structures, while also examining the challenges and opportunities for legal harmonization in the context of ASEAN integration. The research employs a normative juridical methodology, utilizing statutory and doctrinal legal analysis. Findings indicate that the primary distinctions lie in their legal sources (codification versus precedent) and the role of judicial institutions, while similarities emerge in their recognition of legal pluralism. Harmonization efforts face structural, substantive, and cultural challenges, yet potential exists in areas such as digital law, environmental law, and Islamic inheritance law.

Anggel Jenita Devi; M. Zidny Nafi’ Hasbi

Jurnal Publikasi Ekonomi dan Akuntansi 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Islamic banks are financial institutions that operate in accordance with Islamic law and do not charge interest to their customers. Contracts and agreements between consumers and banks determine the profit-sharing (inbalam) received by Islamic banks and those received by customers. The purpose of this study is to determine the effect of inflation on Islamic bank finance in Indonesia from 2019 to 2023. The research method employed is a quantitative approach. The data source utilized is the Financial Services Authority (OJK), with document data collection techniques. Data analysis in this study involves simple linear regression analysis, t-test, F-test, and coefficient of determination (R²) test. The results indicate that inflation has no effect on the profitability of Islamic banking in Indonesia during the period from 2019 to 2023. This conclusion is drawn because the t-test results yielded a t-value of 1.359 < t-table 2.01505 and a significance value of 0.267 > 0.05, indicating no influence between the independent variable (inflation) and the dependent variable (profitability). Therefore, it can be concluded that inflation does not have a partial and significant effect on Islamic banking profitability in Indonesia during the 2019–2023 period.

Bunga Pamela Anugraheni; Baidhowi Baidhowi

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Technological advancements in the financial sector have led to various innovations, one of which is the SPayLater service, which allows consumers to make purchases using a deferred payment or installment system. In practice, this system raises various questions regarding the validity of transactions from the perspective of Islamic Economic Law, particularly in terms of compliance with the principles of sale and purchase contracts, as well as the potential presence of riba (usury) and gharar (uncertainty).This study aims to examine the validity of SPayLater transactions by analyzing the contracts used, potential violations of the principles of murabahah, ijarah, or qardh, and the extent to which this service complies with the conditions and pillars of sharia-compliant sale and purchase. The approach used is qualitative, analyzing Islamic legal literature, fatwas issued by Indonesia’s National Sharia Council (DSN-MUI), as well as case studies of SPayLater services in Indonesia. The findings indicate that SPayLater transactions have the potential to involve riba if there are non-transparent additional charges. Furthermore, late payment penalties and unclear contracts may give rise to gharar, which could render the transaction invalid under Islamic law. Therefore, it is necessary to modify the contracts to better align with sharia principles and to enhance transparency in the payment mechanisms in order to avoid elements of riba and gharar.

Dedi Anton Ritonga; Putra Halomoan Hasibuan

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Human Rights This paper discusses the study of Islamic legal politics and the substance of changes in waqf regulation in Indonesia, particularly in Government Regulation (PP) Number 25 of 2018, which amends Government Regulation Number 42 of 2006. This study seeks to analyze how the approach of Islamic legal politics is applied in responding to the evolving needs of waqf management, in line with the times and the demands of national development, while still aligning with the fundamental principles of Islamic law (sharia). The amendment in Government Regulation No. 25 of 2018 specifically clarifies the mechanism of waqf asset exchange (ruislag) by prioritizing the principles of public benefit (maslahah), accountability, and protection of the waqif’s intent. A normative-juridical approach is employed to analyze this regulation within the framework of maqashid al-sharia and the context of national legal policy. The results of this study indicate that the changes in Government Regulation No. 25 of 2018 have a significant impact on the governance of waqf, making it more transparent and accountable. This impact is the result of the presence of Islamic legal politics in integrating sharia principles with the practical needs of waqf governance. It also encourages waqf policymakers in Indonesia to optimize the potential of waqf in building a just society through sharia-based financial institutions that serve the broader Muslim community.

M. Yusuf Kusuma Wijaya; Ainur Rofiq Sofa

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2025 Asosiasi Periset Bahasa Sastra Indonesia

Hadith serves as one of the primary sources of Islamic law and plays a significant role in shaping various aspects of life, including the economic domain. As a normative foundation, Hadith not only complements the Qur’an but also provides practical guidance for the economic activities of Muslims. This study aims to explore the definition of Hadith in the context of Islamic economics, its urgency as a normative basis, and its application in contemporary economic practices. Employing a qualitative-descriptive approach and library research method, the study reveals that Hadith offers fundamental principles such as justice, honesty, prohibition of usury (riba), as well as encouragement for fair trade and hard work. The urgency of Hadith in Islamic economics is evident in its contribution to forming an economic system rooted in moral and spiritual values. Its application can be seen in practices such as zakat, Islamic contracts (muamalah), and Islamic business ethics. Thus, Hadith plays a central role in building an economic framework that is not only rational but also ethical and just.

M. Yusuf Kusuma Wijaya; Ainur Rofiq Sofa

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2025 Asosiasi Periset Bahasa Sastra Indonesia

Hadith serves as one of the primary sources of Islamic law and plays a significant role in shaping various aspects of life, including the economic domain. As a normative foundation, Hadith not only complements the Qur’an but also provides practical guidance for the economic activities of Muslims. This study aims to explore the definition of Hadith in the context of Islamic economics, its urgency as a normative basis, and its application in contemporary economic practices. Employing a qualitative-descriptive approach and library research method, the study reveals that Hadith offers fundamental principles such as justice, honesty, prohibition of usury (riba), as well as encouragement for fair trade and hard work. The urgency of Hadith in Islamic economics is evident in its contribution to forming an economic system rooted in moral and spiritual values. Its application can be seen in practices such as zakat, Islamic contracts (muamalah), and Islamic business ethics. Thus, Hadith plays a central role in building an economic framework that is not only rational but also ethical and just.

Lollyta Julius; M. Sudirman; Benny Djaja

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

This study aims to analyze the normative provisions regarding women's inheritance rights in three legal systems applicable in Indonesia, namely Islamic law, customary law, and civil law. These three systems have different legal bases, values, and mechanisms in regulating inheritance rights, especially regarding the position and rights of women as heirs. Islamic law determines women's inheritance shares based on the provisions of the Qur'an and Al-Hadith or As Sunnah with the principle of proportionality according to socio-economic responsibilities in the family. On the other hand, customary law is highly dependent on the local kinship system, whether patrilineal, matrilineal, or bilateral, which causes great variation in granting inheritance rights to women. Meanwhile, civil law originating from the Civil Code emphasizes equality between men and women in inheritance rights, without gender differentiation. This study uses a normative legal approach with a qualitative analysis method on primary and secondary legal materials. The results of the study show that although normatively civil law and several customary law systems provide space for equality, in social practice and cultural interpretation of women in obtaining inheritance rights, harmonization between legal systems is still needed, as well as increasing legal awareness in society for women. This study also emphasizes the importance of strengthening the role of the state and law enforcement officers in implementing inheritance rights for women.

Human Rights; Uswatun Hasanah

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

Human rights and Islam both emphasize the value of justice and well-being for all individuals, including women. However, in practice, women's rights are often hampered by patriarchal culture and conservative religious interpretations. This study aims to analyze how human rights and Islam can work in harmony in guaranteeing women's rights. Using a qualitative method based on literature study, this research identifies various factors that cause discrimination against women, such as gender bias in religious interpretations and entrenched social norms. The results show that realizing gender equality in Islam requires inclusive education, fairer reinterpretation of Islamic law, policy reforms that protect women, as well as economic empowerment and women's participation in leadership. With these steps, women can obtain their full rights without erroneous cultural and religious barriers.

Sawaluddin Siregar; Indra Sakti; Uswatun Hasanah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a sacred bond that is carried out by a woman and a man to become husband and wife. Basically every religion has its own proisions regarding marriage. In practice, especially in Indonesia, there are still many who practice interfaith marriages so that this practice has become a discussion that until now and in practice there are also many Muslims who still carry out interfaith marriages. This study aims to examine how the Islamic Law Compilation and Human Rights views the practice of interfaith marriage. The results of this study indicate that both according to the Islamic Law Compilation (KHI) and Human Rights (HAM) state that interfaith marriage is an act that is forbidden because it has violated God’s commands, every religion forbids its people to marry people of different religions. The prohibition on interfaith marriage has also been enshrined in the Marriage Law and also the Islamic Law Compilation, so that every citizen is obliged to follow the applicable legal rules. In human rights, the highest human right is divinity so that every people must obey God’s commands.  

Zumaroh Zumaroh; Siti Nurjanah; Agus Hermanto; Siti Zulaikha

This article discusses the Double Movement theory developed by Fazlur Rahman as a hermeneutic method in the renewal of Islamic law. This theory emphasizes two main movements: first, understanding the socio-historical context of the revelation of the Qur'an to explore universal moral values ​​behind legal provisions; second, actualizing these values ​​into contemporary social and cultural contexts. Through a literature review and case analysis on aspects of family law and economic law in Indonesia, this article shows how the Double Movement theory provides more flexible, dynamic, and relevant interpretive solutions. This approach allows Islamic law to adapt to modern social dynamics without losing its transcendental moral essence. In addition, this approach opens up space for progressive and contextual ijtihad, which is greatly needed in responding to various new challenges in Muslim society. Thus, this theory makes an important contribution to the development of an Islamic legal methodology that is responsive and inclusive to the changing times.

Lisnawati Lisnawati; Maulina Maulina; Indra Ezha Noor Rizhal; Herlina Herlina; Al Nafis

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

Determining the scale of priorities in Islamic jurisprudence is an important method in decision-making in accordance with the principles of Islamic law. This principle is based on the rules of Islamic jurisprudence such as prioritizing obligatory obligations, prioritizing public interest, and preventing damage (dar'u al-mafāsid), which serve to balance individual needs and community interests. In this context, Islamic jurisprudence facilitates a systematic and proportional approach to various life problems. These principles emphasize that in order to achieve maqashid al-shariah (the goals of Islamic law), priority must be given to matters that are urgent, primary, and have the greatest and most sustainable benefits. Thus, the scale of priorities becomes an important instrument in ensuring justice, interest, and continuity in policy-making and actions. Understanding and applying these rules of Islamic jurisprudence enable Muslims to make decisions that are appropriate, balanced, and contextual, according to the situations and conditions faced. This study emphasizes the importance of the concept of the scale of priorities as a normative basis in realizing decisions that are just and beneficial for all people.

Maulida Fitriani; Handar Subhandi Bakhtiar

Intellektika : Jurnal Ilmiah Mahasiswa 2025 STIKes Ibnu Sina Ajibarang

Copyright royalties as an economic object in intellectual property are of particular concern in family law, especially when associated with their status as joint property in marriage. This study aims to examine and compare how the Indonesian and Malaysian legal systems regulate the distribution of copyright royalties in the context of divorce. In Indonesia, the concept of joint property is regulated in Law Number 1 of 1974, which was updated by Law Number 16 of 2019, as well as in the Compilation of Islamic Law. Meanwhile, in Malaysia, different Islamic family laws between states provide a basis for the division of joint property, including royalties, by considering the contribution of the spouse. This study uses a normative-comparative approach through literature study and analysis of legal documents. It was found that despite the differences in legal systems, both countries in principle recognize copyright royalties as part of joint property if they meet certain requirements, especially regarding the time of acquisition and the contribution of the spouse. This study emphasizes the importance of the principle of justice in the division of intangible assets in the context of a household.