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Dinda Rama Zulfia; Lola Yustrisia

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The development of technology in the era of globalization has brought significant changes in society, particularly through the emergence of the internet and social media such as WhatsApp, X (Twitter), Facebook, Instagram, Telegram, and TikTok, which facilitate rapid information dissemination. This development has also given rise to a new profession, namely content creators, who produce and share content in the form of images, videos, or text for branding, professional purposes, or self-expression, often resorting to sensationalism to attract audience attention. On the other hand, the ease of access to social media has also triggered the spread of negative content, including pornography, as evidenced by Komdigi/Kominfo data showing millions of blocked negative content, with X being one of the dominant platforms. In Islamic perspective, anything that leads to adultery is prohibited as stated in QS. Al-Isra verse 32. A prominent case is Dea OnlyFans (Gusti Ayu Dewanti) who was arrested for distributing pornographic content through OnlyFans and Google Drive, charged under the Pornography Law and ITE Law, and found guilty in the Supreme Court Decision Number 2086 K/Pid.Sus/2023. This study discusses 1) How are the differences in judges' considerations at the District Court, High Court, and Cassation? 2) Can the Supreme Court judges' considerations provide a deterrent effect? This research uses a descriptive method with normative legal research based on literature study, using primary, secondary, and tertiary legal materials.

Miranda Kaira Pangestu; Wahyu Sihab

2026 Asosiasi Riset Ilmu Manajemen dan Bisnis Indonesia

The purpose of this study is to analyze Mohammed Ghaly's thoughts from a theological and legal perspective on disability and its implications for social inclusion. This research uses a qualitative approach based on literature studies with in-depth analysis of primary Islamic sources such as the Qur'an, hadith, and tafsir, kalam, and fiqh literature from various periods. Ghaly seeks to reveal the normative attitude of this religion towards persons with disabilities and its implications for social inclusion. The analysis utilizes contemporary disability studies to examine Ghaly's concepts in Islamic theology and law regarding the inherent nature and fundamental rights of persons with disabilities. However, he also emphasizes the need for new interpretations and contextualizations of this textual heritage based on the values of justice, inclusion, and empowerment. The findings of this study show that there is a stigma associated with disability due to the conflict between Islamic idealism and social reality. Nevertheless, the main principles and laws of Islam provide strong normative guidance for the dignity of persons with disabilities.

Aji Santoso; Aulia Rahman Fahrudin; Adieb Aunurafiq; Agung Nugraha Putra; Deden Najmudin

Qanun Jinayah Aceh is a form of application of Islamic law in the regional legal system which is based on the principle of amar ma'ruf nahi munkar. This principle aims to uphold moral values ​​and prevent deviant acts in society. However, its implementation cannot be separated from containing the limits of sharia enforcement, protection of human rights, and the realization of social justice. This condition shows the need for a critical study of the application of the principles of amar ma'ruf nahi munkar in the Aceh Qanun Jinayah. This study aims to analyze the implementation of the principle of amar ma'ruf nahi munkar in the Aceh Qanun Jinayah and assess its conformity with the principles of social justice. The research method used is normative juridical with a statutory, conceptual, and sociological approach, through a literature study of regulations, Islamic legal literature, and related scientific studies. The results of the study indicate that the principle of amar ma'ruf nahi munkar has become the normative basis for enforcing the Qanun Jinayah, but in practice it still faces challenges in the form of law enforcement that is not fully fair, potential discrimination, and a weak perspective on social justice. Therefore, the implementation of these principles must be proportional, contextual, and oriented toward the public interest. The implications of this research emphasize the importance of integrating the enforcement of Islamic law with the principles of social justice so that the Aceh Qanun Jinayah can be implemented fairly, humanely, and sustainably.

Miranda Kaira Pangestu; Sihab, Wahyu

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The purpose of this study is to analyze Mohammed Ghaly's thoughts from a theological and legal perspective on disability and its implications for social inclusion. This research uses a qualitative approach based on literature studies with in-depth analysis of primary Islamic sources such as the Qur'an, hadith, and tafsir, kalam, and fiqh literature from various periods. Ghaly seeks to reveal the normative attitude of this religion towards persons with disabilities and its implications for social inclusion. The analysis utilizes contemporary disability studies to examine Ghaly's concepts in Islamic theology and law regarding the inherent nature and fundamental rights of persons with disabilities. However, he also emphasizes the need for new interpretations and contextualizations of this textual heritage based on the values of justice, inclusion, and empowerment. The findings of this study show that there is a stigma associated with disability due to the conflict between Islamic idealism and social reality. Nevertheless, the main principles and laws of Islam provide strong normative guidance for the dignity of persons with disabilities.

Dendy Krisandi; Abdul Halim; Hardi Muhar Sungguh

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines Islamic legal protection for victims of social engineering crimes within the context of cybercrime. Social engineering is a form of digital crime that exploits psychological manipulation and trust to obtain personal data, system access, or financial benefits. Such crimes cause not only material losses but also immaterial harm, including psychological trauma, violations of privacy, dignity, and personal security. However, positive legal frameworks tend to prioritize offender punishment, while victim protection and recovery remain insufficiently addressed. This study adopts a qualitative approach with a normative-juridical research design, complemented by limited empirical insights. Data were collected through library research on Islamic legal sources—namely the Qur’an, Hadith, and fiqh jināyah—alongside statutory regulations on cybercrime and selected interviews with legal scholars and practitioners. The analysis employs a descriptive-analytical method grounded in the maqāṣid al-sharī‘ah framework, particularly the principles of ḥifẓ al-māl (protection of property), ḥifẓ al-‘irḍ (protection of dignity), and ḥifẓ al-nafs (protection of life and psychological security). The findings demonstrate that Islamic law provides a robust normative foundation for protecting victims of social engineering crimes. Such protection extends beyond retributive punishment through ta‘zīr and emphasizes restorative justice by prioritizing victims’ rights restoration, offender accountability, and public welfare. Islamic law is both adaptive and relevant in addressing contemporary cybercrime challenges and may serve as a humanistic, just, and responsive model for victim protection in the digital era.

Arumsari, Ai Putri

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Ihya' ul-Mawat is a concept in Islamic law that pertains to the effort of reviving or utilizing dead land that has not yet been owned. This practice has legal consequences for land ownership if it is carried out in accordance with Sharia principles. The aim of this article is to examine the legal provisions, requirements, and implications of land ownership based on the explanation of Shafi'i fiqh in the book Fathul Qarib, as well as its relevance to land utilization. The method used in this study is a historical research method with a library research approach, including content analysis of the Fathul Qarib text and supporting fiqh literature. The findings of the study indicate that reviving dead land is permissible and can be a means of acquiring ownership if it satisfies two conditions: first, the individual performing the action must be a Muslim and must have government permission, and second, the land must be unclaimed, meaning it is not previously owned by someone else. This study contributes to a better understanding of the legal framework surrounding the use and ownership of dead land in Islamic law.

Farich Ahsani; Abdurrahman Al-Asy’ari; Samsul Munir Amin; Salis Irvan Fuadi; Moh. Sakir +1 more

World Journal of Islamic Learning and Teaching 2026 Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

Islamic boarding schools (Islamic boarding schools) are required to integrate classical scholarly traditions and modern education, one way of doing this is through the integration of the study of yellow books (tahfidzul Qur'an) and Qur'an memorization (tahfidzul Qur'an). The Baitul Abidin Darussalam Wonosobo Tahfidzul Qur'an Islamic Boarding School implements an integrative learning system to balance Qur'an memorization and understanding of Islamic law (shari'a). However, it still faces obstacles such as a tight schedule, different methods, and weak coordination and evaluation. This study examines the implementation patterns, challenges, and impacts of this system, with the hope of serving as a reference for developing a balanced and sustainable model of Islamic boarding school education. This research uses a qualitative approach with a case study design to understand in-depth the implementation of the integrative learning system between Qur'an memorization and the study of yellow books (tahfidzul Qur'an) at the Baitul Abidin Darussalam Wonosobo Islamic Boarding School (PPTQ). Subjects were selected purposively, including the boarding school administrator, tahfidz teachers, yellow book teachers, and students. Data were collected through in-depth interviews, participant observation, and documentation studies. Data analysis was conducted interactively using the Miles and Huberman model, which encompasses data reduction, data presentation, and conclusion drawing and verification to obtain a holistic and contextual understanding. The discussion shows that the integrative learning system in Islamic boarding schools is implemented through a balanced daily schedule between Quran memorization and yellow book study, allowing memorization, understanding, and moral development to occur simultaneously within the students' daily routines. Integration is achieved structurally through scheduling, methodologically by linking verse memorization with book study, and culturally through the instillation of values, etiquette, and pesantren traditions. The success of integration is supported by the exemplary behavior of the kiai (Islamic teachers) and ustadz (Islamic teachers), the religious environment, and the motivation and discipline of the students, despite challenges such as busy schedules, physical exhaustion, differences in student abilities, and limited facilities. The impact of implementing this system is seen in the improved quality of contextual memorization, a more critical understanding of the scriptures, the formation of disciplined and moral character, and the holistic spiritual development of students.

Sudirman Sudirman; Risnita Risnita; Abdul Halim

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Corruption remains a systemic challenge in Indonesia, particularly in the administration of government grant funding, undermining public trust, institutional integrity, and sustainable development. Despite the establishment of the Corruption Eradication Commission (Komisi Pemberantasan Korupsi, KPK) and other specialized bodies, law enforcement continues to face institutional, political, and cultural barriers. This study explores how Islamic criminal law can strengthen anti-corruption strategies by integrating empirical legal practices with normative religious principles. Using a normative-empirical socio-legal approach, the research combines case studies of KPK’s enforcement processes with doctrinal analysis of fiqh jināyah. Data were collected through legal document analysis, policy reviews, and qualitative evaluations of institutional reports and court rulings. Findings indicate that Islamic legal concepts such as khiyānah (breach of trust), ghulūl (misappropriation of public assets), amānah (trustworthiness), ʿadl (justice), and maṣlaḥah (public interest) provide a strong ethical foundation that complements positive law enforcement. While KPK has demonstrated effectiveness in investigation, prosecution, and prevention, its performance is constrained by political pressure, regulatory gaps, and limited resources. The study concludes that embedding Islamic ethical principles into governance, legal education, and public administration can enhance institutional accountability, reinforce preventive measures, and cultivate a culture of integrity. This normative convergence advances socio-legal pluralism and offers practical insights for value-based anti-corruption policy in Indonesia.

Adha Fristanto; Risnita Risnita; Yuliatin Yuliatin; Abdul Halim

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the implementation of restorative justice within Bungo Regency's criminal judicial system from the perspective of Islamic law. Although restorative justice has been formally adopted in Indonesia through various regulations, its application at the regional level remains an important issue that requires careful attention. The study employs a juridical-empirical research design with a qualitative approach. Data was gathered through observations, in-depth interviews with law enforcement, religious leaders, victims, and offenders, and document analysis. The analysis integrates perspectives from both positive law and Islamic law, particularly focusing on the principles of qiṣāṣ–diyāt, ṣulḥ, ‘afw, ta‘zīr, and maqāṣid al-sharī‘ah. The findings indicate that restorative justice is used in certain criminal cases during the investigative phase in Bungo Regency. However, its effectiveness is limited by factors such as varying levels of readiness among victims and offenders, insufficient technical regulations, community resistance, and inconsistent understanding among law enforcement. From an Islamic law perspective, restorative justice aligns well with Islamic justice principles, particularly those emphasizing public welfare, forgiveness, and restoration. The study concludes that restorative justice is a contemporary manifestation of principles deeply rooted in Islamic legal tradition and not a contradiction of Islamic law. To improve its application, enhancing law enforcement competence, engaging religious and community leaders, and integrating Islamic legal principles into criminal justice policies are essential.

Adde Ramadhani; Abdul Halim; Risnita Risnita

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One of the most contentious topics in modern Islamic family law is polygamous marriage, especially in plural legal systems like Indonesia where national laws and human rights concepts collide with religious standards. With an emphasis on the pursuit of substantive justice within both Islamic and national legal paradigms, this study uses a socio-legal framework to analyze Indonesia's reform of polygamous marriage law. In order to evaluate the efficacy of current legal regulations, such as Law No. 1 of 1974 as amended by Law No. 16 of 2019 and the Compilation of Islamic Law, this study combines the principles of maqāṣid al-sharīʿah with socio-legal theory, drawing on normative-theological analysis and qualitative doctrinal research. The results show that normative legal ideals and actual socio-legal reality continue to diverge. The ability of statutory rules to provide women and children with meaningful protection is limited because, although they set stringent procedural requirements to prevent polygamy, their execution frequently remains formalistic and institutionally constricted. Furthermore, the achievement of justice as envisioned in Islamic ethical principles is undermined by the persistence of dominant patriarchal legal cultures in influencing judicial procedures and public attitudes. In order to reframe polygamy as a conditional socio-ethical institution rather than an inalienable legal privilege, this paper suggests a reform-oriented legal framework. The study promotes a contextualized view of Islamic law that is consistent with both international human rights norms and constitutional ideals by placing a strong emphasis on substantive justice, gender fairness, and public benefit. The results provide policy-relevant insights for creating a more just and socially responsive family law system in Indonesia and add to the ongoing discussions on Islamic legal reform.

Wiji Nur Eko Wahyu; Abdul Halim; Risnita Risnita

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Particularly in emerging nations, corporate environmental criminality poses a serious threat to environmental justice, sustainable development, and legal responsibility. With a focus on corporate crime theory and green criminology, this study critically analyzes corporate environmental crime using an integrative framework that blends modern criminological viewpoints with Islamic criminal law (fiqh al-jināyah). This study examines how Islamic legal concepts, particularly the doctrine of maqāṣid al-sharī‘ah, can enhance current models of corporate criminal responsibility and environmental governance using a normative-analytical and conceptual approach. The results show that structural incentives, lax enforcement, and profit-driven rationalization tactics make traditional regulatory and penal measures ineffective at discouraging corporate environmental malfeasance. Islamic criminal law provides a revolutionary framework that places environmental conservation as both a legal requirement and a moral necessity because of its strong ethical orientation and comprehensive view of justice. With a focus on ecological balance (ḥifẓ al-bi’ah), property (ḥifẓ al-māl), and life preservation (ḥifẓ al-nafs), this study offers a value-based corporate accountability approach that goes beyond deterrence-oriented punishment and prioritizes prevention, restoration, and social responsibility. By broadening the doctrinal scope of Islamic criminal law to acknowledge corporate criminal culpability, this integrative approach makes a theoretical contribution. Practically, it informs regulatory enforcement and environmental policy change. The study presents an interdisciplinary paradigm that unites criminological analysis and religious legal reasoning, providing a strong basis for creating environmental governance systems that are just, moral, and sustainable, especially in developing nations and jurisdictions with a majority of Muslims.

Sri Banun; Muhammad Azmi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The family is the smallest unit in society, within which rights and obligations exist as in social life in general. In fulfilling individual needs and interests, conflicts often arise, including disputes over inheritance distribution. Inheritance refers to the property left behind by a deceased person, which must be distributed to entitled heirs in accordance with Islamic law or customary law applicable within the community. Problems frequently emerge regarding the position of substitute heirs, particularly nephews, within the Islamic inheritance system. This study entitled “Various Aspects of Family Law in Indonesia: The Problematics of the Position of Nephews as Substitute Heirs in Islamic Law” aims to examine the status of substitute heirs in inheritance distribution and to identify the conditions under which substitute heirs are recognized in Islamic law. The research employs a normative method with a library-based approach, analyzing classical fiqh literature and scholarly opinions. The data consist of primary and secondary sources collected through document study. The findings indicate that a substitute heir is recognized when the primary heir dies after the testator but before the inheritance has been distributed, allowing the substitute heir to receive the share in accordance with Islamic legal provisions.

Khaerurrazikin Khaerurrazikin

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2026 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research analyzes the concept of Īmān (faith) according to Abū al-Mu'īn al-Nasafī (1027-1114 CE) in his work Al-Tamhīd fī Uṣūl al-Dīn. The study stems from the intellectual unrest and Fitnah that affected the Māturīdiyyah school in Mawarannahr, prompting al-Nasafī to become a key defender of the faith. The study utilizes library research with a descriptive-analytical and qualitative approach, analyzing both primary data from al-Nasafī’s work and secondary theological literature. The findings reveal al-Nasafī's views on Īmān: First, faith is a conviction of truth (Yaqīn) established in the heart towards God. Second, verbal affirmation and actions are symbolic and necessary for Islamic law but do not represent the essence of faith, which lies in the heart. Third, he rejects equating faith with deeds ('Amal), asserting that deeds and conviction are distinct, with conviction being stable and permanent, unlike actions. Al-Nasafī critiques earlier views, like those of al-Raqashī and others, who equated faith with mere verbal affirmation, deeming such views as hypocritical (Nifāq). His approach integrates reason ('Aql) and revelation (Waḥy), employing both Qur'anic texts (Bayānī) and rational arguments (Burhānī) to explain faith.

Cynara Alya Zhafirah; Nunung Rodliyah; Kasmawati Kasmawati; Elly Nurlaili; Sayyidah Sekar Dewi Kulsum

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study discusses the judge’s considerations in granting child custody of a non-mumayyiz (underage) child to the biological father in the Religious Court Decision of Tanjung Karang Number: 1379/Pdt.G/2024/PA.Tnk. Generally, according to Islamic law and the Compilation of Islamic Law (KHI), custody of a non-mumayyiz child is granted to the biological mother. However, in this case, the panel of judges decided to grant custody to the biological father. The purpose of this research is to identify the legal reasoning behind the judge’s decision and the legal implications of such a ruling. The study employs a normative juridical method with a descriptive-analytical approach, supported by primary data obtained through interviews and secondary data from legislation and legal literature. The results show that the judge’s consideration was based on the best interest of the child principle, as the mother had remarried a non-Muslim man and converted to another religion, which made her ineligible to be the custodian under Islamic law. The legal implication of this decision reinforces the authority of judges to interpret hadhanah provisions contextually, ensuring the protection of the child’s rights and supporting their growth in accordance with religious teachings and prevailing social norms.

Nabiilatun Najmah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The phenomenon of the “Sandwich Generation” (SG) in Indonesia, where individuals of productive age (30-40 years old) bear a double financial burden—supporting the needs of their children and immediate family (furu') while also supporting their elderly parents (ushul)—has become a widespread social and financial challenge. This pressure, exacerbated by inadequate income and low financial literacy, forces 94% of SG respondents to set aside their personal interests. This dilemma calls for a clear Sharia analysis of the priority scale of financial support. This article aims to analyze the SG maintenance dilemma through the Qawa'id Fiqhiyyah (Fiqh Principles) framework to establish a hierarchy of financial obligations. The two main principles used are Al-Farḍu afḍalu mina an-Nafli (Absolute Obligation takes precedence over Sunnah) and Al-Wājib lā yutrak illā liwājibin (An Obligation cannot be abandoned except for another Obligation). Fiqh analysis shows that the resolution of priority conflicts is based on the classification of the legal status of the recipient of alms, distinguishing between absolute obligations (Adami rights, contractual) and conditional obligations (wajib zhanni, Allah's rights). Key findings establish Sharia priorities in conditions of limitation: Self, Wife and Children (Absolute Obligations), Parents (Conditional Obligations), Siblings/Relatives (Sunnah/Nafl). This priority is established to protect the nuclear family unit as the foundation of society, in line with Maqāṣid ash-Sharīʿah (Sharia Objectives).

Muhammad Riadi Setiawan; Dendi Marcello

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Banks are financial institutions that play a very important role in the economy and continue to innovate by developing various new forms and services. Spin-offs of Sharia Business Units (UUS) are a new method in the world of Islamic banking with the aim of becoming independent Islamic banks in conducting business activities based on sharia principles. The spin-off of the SBU is one of the main focuses of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. Furthermore, referring to the provisions in Financial Services Authority Regulation Number 12 of 2023 concerning Sharia Business Units, conventional banks can carry out banking activities in accordance with sharia principles by being required to open an SBU. This shows that the UUS is a unit that remains part of the conventional bank, and the provisions governing its activities, even though they are carried out by conventional banks, must still follow sharia principles, including prohibiting interest-based transactions. This study shows that spin-offs of UUS have great potential to drive the growth of Islamic banking. A spin-off is a company's decision to restructure, which has various legal implications. Although spin-offs of Islamic banks have the potential to improve the performance of Islamic banking, government policies that require spin-offs without considering the specific context of each bank can hinder the development of this sector. The implementation of mandatory spin-off policies needs to be balanced with more comprehensive government policy support.

Muhammadong Muhammadong

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

Ahmad Amin Febrianto; Ahmad Musonnif

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This research is motivated by the importance of preserving the authenticity of the Qur’an as the primary source of Islamic teachings and law, which serves as the foundation for legal certainty within the Islamic Family Law system. Historical records show that the codification process of the Qur’an carried out by Zaid bin Tsabit during the caliphates of Abu Bakr and Uthman bin Affan played a crucial role in ensuring the integrity and uniformity of the revealed text, thereby having significant implications for the validity of Islamic legal arguments. This study aims to critically analyze the role of Zaid bin Tsabit in the Qur’anic codification process and its implications for the certainty of the textual basis (nash) in Islamic family law. Using a qualitative method with a historical-normative approach, this research combines chronological and normative analyses of primary sources such as the works of as-Suyuthi and az-Zarkasyi, as well as secondary sources in relevant academic literature. The findings indicate that the codification process of the Qur’an holds not only historical value but also juridical significance, as it ensures the authenticity of the text as the foundation of Islamic law. Therefore, integrating historical and normative aspects is essential to maintaining the authority of Islamic legal sources in the contemporary era.

Faathir Janwar; Muhammad Naufal Marifat; Kurniati Kurniati

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Contemporary Islamic law faces complex challenges in responding to rapid social change while maintaining fidelity to authoritative religious texts. This article examines the tension and interaction between textual authority (the Quran, Sunnah, ijma’, and qiyas) and the dynamics of modern socio-cultural, political, and technological developments. Using qualitative library research, this study analyzes classical and contemporary Islamic legal thought, including maqaṣid al-shariah, ijtihad, and contextual interpretation. The findings indicate that Islamic law possesses inherent flexibility through its methodological tools, enabling adaptation without undermining its normative foundations. However, challenges arise from rigid textualism, politicization of Islamic law, and epistemological gaps between tradition and modernity. This study concludes that a balanced approach integrating textual fidelity and contextual responsiveness is essential for the relevance of Islamic law in contemporary society.

Reyvandra Fadlian; Saiful Amin

Journal of Administrative and Sosial Science (JASS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study examines the prohibition of marriage based on the babisiak oath in Nagari Lunto, Lembah Segar District, Sawahlunto City, from the perspective of Sadd al-Dzari’ah and the views of Generation Z. The babisiak oath is a traditional vow made by previous ninik mamak (customary elders) declaring that members of the Buo Bungo tribe and the Kutia Anyia Bawah tribe are forbidden to marry, as the elders had sworn a brotherhood bond known as batali budi. This research employs a qualitative field research approach. Data were collected through in-depth interviews with the Head of the Kerapatan Adat Nagari (KAN) of Lunto Village and several Generation Z members residing in the area. The collected data were analyzed using descriptive and qualitative methods. The findings indicate that, from the perspective of Sadd al-Dzari’ah, the marriage prohibition falls into the third category, namely a permissible act that has a strong potential to cause harm. Allowing such marriages could reopen historical conflicts, expose past grievances between the tribes, and potentially lead to social or physical disputes. Furthermore, Generation Z’s perspectives on the prohibition can be classified into three groups: those who remain obedient to the custom, those who hold a moderate stance, and those who tend to reject the prohibition. Despite these differences, most Generation Z respondents acknowledge that the babisiak oath has historical and social value that deserves preservation. However, they also emphasize the need to reinterpret its implementation in the contemporary context to prevent conflicts between customary law, Islamic legal principles, and individual freedom.