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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.

This research analyzes the legal development of Islamic banking in Indonesia and Malaysia through a comparative law approach. Islamic banking has become an important component of the global financial system, yet its growth varies across countries. Indonesia's Islamic banking industry, while experiencing significant progress in recent years, still faces regulatory and institutional challenges. In contrast, Malaysia has emerged as a global hub for Islamic finance due to its integrated regulatory framework, strong government support, centralized Shariah compliance system, and established human resource development. This study employs normative legal research using primary and secondary legal sources, and applies comparative legal theory. The findings highlight the importance of legal harmonization, centralization of fatwa authorities, active government involvement, and comprehensive infrastructure development in supporting the growth of Islamic banking. Lessons from Malaysia's experience can serve as valuable references for Indonesia to enhance its Islamic banking industry and improve its competitiveness in the global market.

A comprehensive understanding of Islamic law cannot be separated from the historical context of its formation, known as the Tarikh Tasyri'. This research aims to examine the urgency of studying the Tarikh Tasyri' in order to understand Islamic law completely and contextually. The method used is a literature study with a qualitative approach through content analysis of various primary and secondary sources. The research results show that without understanding the historical background of a law, the risk of distortion of meaning and inappropriate application is very high. Tarikh Tasyri' provides an important methodological framework for understanding the dynamics of law formation, and is the basis for modern ijtihad in responding to the challenges of the times. The implications of this research suggest the need to strengthen the teaching of Tarikh Tasyri' in the Islamic education curriculum and its application in contemporary legal practice and fatwas.

A discussion on Islamic morality and ethics is the purpose of this paper. We see many modern generations paying little attention to how to apply morality in their daily lives. Morals and ethics are human behaviours in daily life that have been instilled. Morals come from the Qur'an and the Hadith of the Prophet Muhammad and include what is good, bad, right, and wrong in one's actions. Meanwhile, ethics come from the culture and customs of the local community. In this paper, the author discusses the meaning of morals and ethics, human relationships with God, humans, and nature. Protest is a legitimate form of expression in a democratic society. In Islam, protest is also recognised as the right of everyone to voice injustice and bias. However, protests must also be carried out with ethics that are in accordance with Islamic teachings. The ethics of protest can be explained in the hadith, namely: Protests must be carried out peacefully and not violate the law. This is in accordance with the hadith of the Prophet Muhammad SAW, "Whoever sees an evil should change it with his hand. If he is unable, then with his tongue. If he is unable, then with his heart. And that is the weakest faith." (HR Muslim). In this Hadith, the Prophet Muhammad (PBUH) teaches that protests should be done in stages, starting with the lightest action, namely giving a direct response. If you are unable to do so, then you can protest verbally, for example by expressing your opinion or criticism through the media. If that is no longer possible, then protest can be done in the heart, i.e. still rejecting evil, but not taking actions that can lead to violence or riots. Protest must be based on truth and justice. This is in accordance with the hadith of the Prophet Muhammad (saw), "Indeed, Allah is true and loves truth." (Narrated by Bukhari) In this hadith, the Prophet Muhammad (saw) affirms that protest must be based on truth and justice. This means that protest must be done because of real injustice, not because of personal or group interests.

 This study aims to describe the implementation of Islamic education in the teachings of Tarjumah Jam'iyah Rifa'iyah in Luwihan Hamlet, Kalikajar District, Wonosobo Regency. Qualitative setting field research takes the object of the implementation of Islamic education in the teachings of Tarjumah Jam'iyah Rifa'iyah, located in Luwihan Hamlet, Kalikajar District, Wonosobo Regency for two months from March to April 2025, with research subjects including the congregation of the sect, community leaders, and religious leaders. Data were obtained through interviews, observations, and documentation to then be analyzed descriptively. The results of the research show that the Tarjumah teachings are a legacy of K.H. Ahmad Rifa'i's thoughts which emphasize three main principles in Islamic education, namely the formation of strong faith, the development of noble morals (akhlaqul karimah), and the practice of Islamic law as a whole (kaffah). This concept not only emphasizes theoretical or cognitive aspects, but also focuses on the formation of real character and behavior in accordance with Islamic values ​​in everyday life. The implementation of Islamic education in this teaching is carried out through various religious activities that are integrated with community life, such as regular religious studies in mosques, prayer rooms, or residents' homes, with the main material in the form of Javanese tarjumah books containing Islamic teachings in the form of nadham, including aqidah, worship, muamalah, and manners. In addition, the implementation of congregational worship such as the five daily prayers, dhuha prayers, and dhikr activities, are also effective educational media. This fact shows the harmony between teaching, habituation, and exemplary behavior, where Islamic values ​​are not only taught, but are manifested in social interactions in society through joint religious activities, traditions of mutual assistance, concern for the environment, and efforts to maintain social harmony. Thus, Islamic education in the teachings of Tarjumah Jam’iyah Rifa’iyah has proven to be able to form a society that is religious, has character, and consistently practices Islamic teachings in everyday life. This finding leads to the direction of future research to examine more widely the comparative implementation of tarjumah teachings in other regions and its impact on positive social change in more depth.

This paper discusses the issue of gender equality from the perspective of Islamic family law and positive law in Indonesia. This study begins with a historical exploration of the treatment of women in the pre-Islamic era which was full of discrimination and oppression, until the arrival of Islam which brought about a major transformation towards respecting and recognizing women's rights. Furthermore, this paper reviews the comparison between the values ​​of gender equality in ideal Islamic family law with practices that are still influenced by patriarchal culture, as well as Indonesia's positive legal response to gender issues, such as through the Compilation of Islamic Law (KHI), the Marriage Law, and the ratification of international conventions such as CEDAW. This study also highlights the role and existence of women in the family as children, wives, and mothers, as well as the challenges faced by women in fighting for rights and equality in the domestic and public spheres. This paper emphasizes that achieving fair and balanced gender equality requires a reinterpretation of the law based on values ​​of justice and a structural commitment to empowering women in all aspects of life.

According to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, a marriage is considered valid if it is conducted according to the laws of the respective religion and beliefs. Marriage is not merely a physical union but also an emotional bond, and fundamentally follows the principle of monogamy. In the legal framework of marriage, state protection—particularly for wives and future children—can only be guaranteed if the marriage is consciously conducted in accordance with Law Number 1 of 1974, which includes the requirement that the marriage be officially registered under applicable laws and regulations.If a marriage is not registered, the state cannot provide legal protection concerning marital status, joint property, inheritance, and other rights arising from the marriage. To establish a wife’s rights, it must first be proven that a legal marriage exists between her and her husband. One legal consequence of an unregistered marriage is that neither the wife nor any children from the marriage have the right to claim support or inheritance from the husband. Islamic inheritance laws allocate shares specifically to blood relatives.Unregistered marriages—often called sirri, kiyai, or syar’i marriages—are conducted according to religious rules or customs but are not registered with the Marriage Registrar. In Chinese customary law, property acquired during marriage is influenced by a patrilineal kinship system, where the wife’s status is governed by the husband’s family law. Generally, the husband, as head of the household, controls all marital property and has absolute rights to use it without needing the wife’s consent, including in transferring joint property.

This study explores the philosophy of wasiat wajibah (obligatory bequest) within the Islamic inheritance law system in Indonesia, by examining its philosophical, normative, and practical foundations in the context of national law. Wasiat wajibah is a legal institution that grants a mandatory inheritance share to heirs who are otherwise excluded from inheritance rights, such as grandchildren whose parent (the child of the deceased) has passed away before the testator. The purpose of this study is to examine the philosophical foundations of wasiat wajibah, its relevance to the Islamic principle of justice, and its integration into Indonesia's positive legal system. This research adopts a qualitative approach with a normative-philosophical method. Data were collected through literature review of both primary and secondary sources, including classical Islamic jurisprudence texts, Indonesian legal regulations (such as the Compilation of Islamic Law), and philosophical writings on Islamic legal thought. The data were analyzed interpretively and reflectively through textual and conceptual analysis. The findings indicate that wasiat wajibah is grounded in strong philosophical principles of justice, compassion, and protection of vulnerable groups. In the Indonesian context, this concept has been incorporated into the Compilation of Islamic Law, particularly in Article 209, as a form of legal adaptation to the complex and plural realities of modern society. However, its implementation still faces challenges due to differing scholarly opinions among Islamic schools of thought and limited awareness among legal practitioners. In conclusion, wasiat wajibah serves as a bridge between Islamic moral values and a responsive positive legal system. A philosophical approach to wasiat wajibah reinforces the urgency of reconstructing the Islamic inheritance system in Indonesia to be more just, adaptive, and contextually relevant.

This study examines the application of Islamic criminal law (fiqih jinayah) principles, specifically in the case of qadzaf—accusation of adultery without valid proof—when conveyed through kinayah (indirect or allusive expressions). The focus is on how legal maxims such as al-ḥudūd tudra’ bi al-syubuhāt and al-aṣl barā’at al-dzimmah are employed to assess the legal validity of ambiguous accusations. This research adopts a qualitative approach through library research, analyzing both classical and contemporary Islamic legal texts. The findings reveal that qadzaf in the form of kinayah does not meet the criteria for ḥadd punishment due to its interpretive uncertainty and lack of clear evidence. Therefore, ta'zir—a discretionary punishment—should be applied instead, based on public interest and judicial discretion. This study is significant in addressing modern social communication dynamics, especially in the digital age, and contributes to a fair, contextual, and cautious implementation of Islamic criminal law.

The rapid changes in Indonesia's socio-political landscape have highlighted the urgency of reconstructing the governance of civil society organizations, especially in balancing the tension between the freedom of association and public order. This tension has emerged as a contemporary trend filled with controversy and civil unrest. This study aims to formulate a model of governance for civil society organizations based on Islamic values, using three theoretical frameworks: Najm al-Din al-Tufi's Maṣlaḥah Theory, Robert Putnam's Civil Society Theory, and Mark Bevir's Good Governance Theory. The methodology used is a qualitative-descriptive approach, which includes data collection through policy documentation, digital media analysis, and in-depth interviews with two key informants from religious-based civil society organizations—Nahdlatul Ulama (NU) and Persatuan Islam (PERSIS). Primary sources include official government documents such as Government Regulation in Lieu of Law (Perpu) No. 2 of 2017 and Minister of Home Affairs Regulation No. 57 of 2017, alongside empirical narratives from community leaders. The research findings suggest that the social legitimacy of civil society organizations is more influenced by the practical application of maqāṣid al-sharī‘ah (obligatory duties) and their ability to address the real needs of society than by mere adherence to administrative regulations. These findings highlight the gap between legality and legitimacy and emphasize that integrating the values of maṣlaḥah (benefit), social capital, and transparency is essential to strengthening civil society in a democratic state. By embedding Islamic values into the governance models, civil society organizations can better serve the community while maintaining democratic principles, creating a more inclusive and beneficial governance framework that aligns with both public needs and Islamic teachings.

This research examines how Pancasila and Islamic Religious Education function as foundational value systems in shaping civil law relations and promoting private justice, analyzed through the lens of Islamic Sociological Jurisprudence. Within Indonesia’s pluralistic yet religious societal framework, civil law extends beyond formal legal provisions and reflects the living moral, social, and religious norms embedded in the community. This study adopts a normative juridical method, complemented by conceptual and sociological approaches, and is supported by an extensive review of legal literature and scholarly discourse. The study reveals that Pancasila encapsulates essential principles, including justice, human dignity, and social equilibrium, which resonate with the ethical foundations of Islamic teachings. At the same time, Islamic Religious Education contributes significantly to cultivating legal consciousness and moral responsibility among individuals, thereby encouraging a model of private justice that transcends rigid legal formalism and emphasizes societal welfare (maslahah). From the standpoint of Islamic Sociological Jurisprudence, civil law should operate as a dynamic instrument that adapts to social realities while incorporating prevailing Islamic values. In conclusion, embedding the values of Pancasila and Islamic Religious Education within civil law frameworks enhances both the legitimacy and the substantive quality of justice. This research offers a conceptual contribution toward developing a civil law system that is more responsive, equitable, and aligned with Indonesia’s socio-cultural and religious context.

This study examines the legal uncertainty regarding the status of adopted children as heirs within Indonesia’s pluralistic national inheritance legal system. The Civil Inheritance Law (KUH Perdata), Islamic Inheritance Law (KHI), and Customary Inheritance Law each regulate adopted children differently and incompletely, thereby creating a legal vacuum. that harms adopted children socially and emotionally. This study aims to analyze the weaknesses of these three legal systems and formulate a reconstruction of the status of adopted children based on substantive justice. Using a normative approach and the theories of legal reconstruction, substantive justice, and legal certainty, this study finds that reconstruction can be achieved through strengthening the mandatory will (wasiat wajibah), revising Article 209 of the KHI, and codifying and unifying national inheritance law through an Omnibus Law model. The parameters of justice used include the best interests of the child, public welfare, and non-discrimination. In conclusion, the reconstruction of the status of adopted children as heirs is urgently needed to fill the gaps in national inheritance law in a just manner.

The Organization of Islamic Cooperation (“OIC”) seeks to enhance economic collaboration between its member states, as outlined in the OIC Charter. Its key efforts is the Agreement for Promotion, Protection and Guarantee of Investments among OIC Member States (“OIC Investment Agreement”), which provides safeguards for cross-border investments and outlines procedures for resolving disputes between investor-states. Article 17 of the Agreement allows for dispute resolution through conciliation or arbitration. However, the lack of a dedicated dispute resolution body and clear procedural mechanisms has led to uncertainty and differing interpretations, weakening its effectiveness. This article explores the OIC’s role in investor-state dispute settlement (ISDS) under the Investment Agreement. It highlights the need for a more structured and permanent mechanism to ensure fair and consistent resolution of ISDS cases, in alignment with the objectives of the OIC Charter.

This article explores the concept of intentional murder as addressed in both Islamic law and Indonesian positive law, focusing on the Hadith narrated by Abu Dawud and An-Nasa’i (Bulughul Maram No. 1191) and Article 338 of the Indonesian Penal Code (KUHP). The study examines how intentional murder is viewed and punished in Islam, where the family of the victim has the right to choose between seeking qishash (retaliatory punishment) or accepting diyat (compensation), emphasizing the values of justice, forgiveness, and social harmony. In contrast, the Indonesian Penal Code stipulates a fixed punishment, i.e., imprisonment for up to 15 years, without providing a mechanism for the victim's family to pardon the offender. The article further highlights the differences in these two legal frameworks, underscoring the broader implications of justice and societal peace. Both systems, despite their differences, aim to protect the sanctity of life and ensure that justice is served, while fostering a more just and orderly society. This comparative analysis sheds light on the moral and legal complexities surrounding intentional murder and the varying ways in which justice is pursued in both Islamic and secular legal traditions.  

This study explores the integration of Tasawwuf (Islamic mysticism) with Maqāṣid al-Sharīʿah (objectives of Islamic law) to propose a more ethical and effective social welfare framework. The research emphasizes the importance of combining the spiritual dimensions of Tasawwuf, such as Ihsan (excellence) and ʿAdl (justice), with the legal and ethical framework of Maqāṣid al-Sharīʿah, which seeks to preserve essential human interests such as religion, life, intellect, progeny, and wealth. This integrated approach is positioned as a comprehensive model for social welfare that addresses not only material needs but also promotes spiritual growth and ethical conduct. By blending these two frameworks, the study proposes a holistic view of social welfare that fosters empathy, justice, and social care. The findings highlight that Tasawwuf contributes to the ethical application of Maqāṣid al-Sharīʿah, enhancing social responsibility and promoting greater community cohesion and solidarity. The study also discusses the practical implications of this integration in contemporary Muslim societies, including its potential to reshape existing welfare programs. Recommendations for future research and policy development emphasize the need for further exploration of this integrated approach in Islamic finance, Takaful, and Zakat, as well as the creation of frameworks that balance legal compliance with ethical and spiritual principles. The results suggest that incorporating Tasawwuf alongside Maqāṣid al-Sharīʿah can significantly improve the ethical foundation of social welfare programs, fostering a more just and compassionate society.

Remittance money is a number of cost contributions given from the groom-to-be to the prospective in-laws to meet the needs of the wedding. The tradition of money delivery in the culture of the Mandailing Angkola community, especially in Aek Nabara Jae Village, is a symbol of the bride-to-be's seriousness towards the woman. However, in practice, this tradition often causes problems when the nominal amount set exceeds the reasonable limit. Too high a dowry has caused many couples, especially from the lower middle economic class, to be forced to postpone their marriage. This research aims to examine the implementation and determination of remittances in local wedding customs, as well as how Islamic law views these conditions. This study uses a qualitative-descriptive method through field observation and interviews. The results of the study showed that the determination of remittance money was influenced by education level, social status, and the intervention of extended families. In the view of Islamic law, the determination of the dowry that burdens and hinders marriage is contrary to the principle of convenience and benefit in muamalah.

This study explores the ethical perspectives of genetic editing from two distinct frameworks: Islamic bioethics and global medical ethics. Both ethical systems emphasize the protection of human dignity and the prevention of harm, aligning with the broader goal of promoting health. However, significant differences emerge when addressing the issue of genetic editing, particularly in relation to human procreation. While global bioethics focuses on universal human rights, Islamic bioethics introduces religious principles rooted in Sharia law, such as Maqasid al-Sharia (objectives of Sharia) and Maslahah (public interest), to guide the ethical evaluation of genetic technologies. The findings reveal that while both frameworks agree on the importance of medical necessity, the treatment-enhancement distinction plays a critical role in Islamic perspectives, leading to more cautious stances on genetic modifications aimed at enhancing non-medical traits. The study also underscores the cultural and regional variations in Islamic bioethics, reflecting how different Islamic schools of thought impact fatwa decisions on genetic editing. In comparison, global bioethics aims to establish universal principles, often focusing on human rights, equality, and equity. The paper concludes by recommending more inclusive discussions between Islamic scholars and global bioethicists to bridge the gap between religious ethics and global standards. This would help ensure that genetic technologies are applied ethically, respecting both cultural values and universal human rights, and addressing the challenges posed by emerging genetic technologies.

The development of the Islamic financial industry in Indonesia has shown significant growth, both in terms of institutions, products, and public participation. However, public doubts remain regarding the level of Sharia compliance of these financial products. Halal certification is a crucial instrument for ensuring that a financial product truly complies with Sharia principles. This study aims to analyze the urgency of halal certification for Islamic financial products and its implications for consumer trust from a Sharia economic law perspective. The research method used is qualitative with a normative-juridical approach through a literature review of laws and regulations, fatwas from the National Sharia Council (DSN-MUI), and previous research findings. The results indicate that halal certification for Islamic financial products plays a strategic role in increasing transparency, accountability, and public trust. However, there is regulatory overlap between Law Number 33 of 2014 concerning Halal Product Assurance and the provisions of the Financial Services Authority (OJK). Therefore, harmonization of regulations and strengthening oversight by the Sharia Supervisory Board are crucial steps in ensuring the integrity of the Islamic financial system.

Compared to other Islamic financial institutions, Islamic cooperatives are one type of financial institution that is still less known in the community. This can be seen from the lack of familiarity of the term sharia cooperative to our society. This research is a qualitative research, in accordance with the object of study, this type of research is included in the category of library research, which is a systematic approach to collecting, analysing, and evaluating relevant information from various academic sources. By 2022, there were 3,912 active sharia savings and loan cooperatives (KSPPS) in Indonesia. This indicates a significant expansion in the number of Islamic cooperative institutions during this period when compared to the previous period, when there was a Covid-19.There needs to be an Islamic cooperative development strategy in Indonesia in order to optimise the role of Islamic cooperatives in improving the MSME sector in Indonesia.The element of need that is the main key in the development strategy of Islamic cooperatives in Indonesia to improve MSMEs is the need for strong support in the legal aspects of Islamic cooperatives (positive law and sharia law).

The heirs' clause in the credit agreement raises legal problems because it concerns the attachment of third parties. This study aims to analyze the inclusion of heirs' clauses based on privity of contract and its legal implications for legal protection for creditors and heirs. Normative juridical method has used with regulatory and conceptual approach. The results shown that the heir's attachment clause in a credit agreement does not necessarily bind the heirs automatically because the privity of contract limits the engagement only to the parties who made the agreement. This is based on the existence of the principle of saisine in Civil Law and the principle of ijbari in Islamic Law where the heir automatically becomes the owner of the heir's legacy. However, the attachment that arises is only limited to the management of heritage property before it is distributed as inheritance. The applicability of the clause must also take into account whether there is an inheritance by the heirs, because the liability for the heir's debts only arises if the inheritance is received. If the inheritance is rejected, the creditor cannot impose payment obligations on the heirs even though there is an attachment clause. On the other hand, Islamic Law has emphasized that inheritance received by heirs is only inheritance that has been reduced by burdens, including the heir's debt. Therefore, the inclusion of the heir's clause is only a notification that reminds the heirs that there are still unfulfilled heirs' obligations, namely debts.