Publication Search

This study explores the complexity of ikrar talak (divorce declaration) that does not comply with Indonesia's positive legal framework and its impact on the legal protection of wives and children. Although the Marriage Law and the Compilation of Islamic Law (KHI) regulate the formal procedures for divorce, verbal divorce declarations outside the court remain prevalent, causing legal uncertainty and harm to vulnerable parties. This research employs a normative juridical method, focusing on legal statutes and Islamic legal principles. The findings reveal the urgent need for harmonization between Islamic law and positive law to ensure justice and optimal protection, especially for women and children. Major obstacles include low legal literacy, social acceptance of verbal talak, and limited access to judicial institutions. The study proposes strengthening the role of religious courts, enhancing public legal education, and applying the maqashid sharia approach to safeguard fundamental rights. A holistic legal reform is necessary to ensure that the ikrar talak process adheres to formal legal standards while protecting vulnerable groups.

This study examines the voluntary choice of remaining childfree from the viewpoint of Maqāṣid al-Syāri’ah to evaluate its compatibility with Islamic family law in Indonesia. Recent demographic trends indicate a rising proportion of adults opting not to have children due to economic, environmental, and personal considerations . Using a doctrinal–normative approach, the paper analyzes primary sources (al-Muwāfaqāt and Qur’ān) alongside contemporary fatwās and scholarly opinions. Findings reveal that while Maqāṣid al-Syāri’ah underscores procreation (ḥifz al-nasl) as a darūriyyah objective, exceptions emerge under medical and sociocultural exigencies (ḥājiyyah), permitting temporary or consensual contraceptive measures. However, permanent sterilization methods (vasektomi/tubektomi) largely remain impermissible except in cases of dire necessity (ḍarūrah) . The study recommends that Islamic legal institutions develop nuanced guidelines balancing reproductive rights with Shariah objectives and societal welfare.

Aceh is a province with special status in Indonesia that has special authority in the imple- mentation of Islamic law, as stipulated in Law No. 11 of 2006 concerning the Government of Aceh. One form of its implementation is Qanun Aceh No. 6 of 2014 on Jinayat Law, which regulates a number of offences, including maisir (gambling), with penalties in the form of flogging, fines, or im- prisonment. This study aims to examine the application of flogging for gambling offenders in Simeulue Regency, covering the legal basis, implementation procedures, and level of effectiveness. The research questions include: (1) how flogging is applied to gambling offenders; (2) what are the stages of imple- mentation; and (3) to what extent is it effective in reducing violations. The research uses a qualitative descriptive method with a socio-legal approach. Data was obtained through literature review, field observation, and interviews with Satpol PP and Wilayatul Hisbah officials, the Sharia Court, the pros- ecutor's office, and community leaders. The findings show that the application of flogging punishment has a strong constitutional basis and is in accordance with the principles of Sharia law. The implemen- tation is carried out openly in accordance with criminal procedure law and is supervised by medical personnel. Statistics from the last five years show a decrease in gambling cases from 11 cases in 2020 to 3 cases in mid-2024, reflecting a deterrent effect and an increase in compliance.

Background: Islamic inheritance law represents a critical component of family law systems that extends beyond religious obligations to encompass significant socio-economic implications for asset distribution and intergenerational justice. While Malaysia and Brunei Darussalam have both incorporated Islamic law into their national legal frameworks, their implementation approaches demonstrate fundamental structural and procedural differences that warrant systematic comparative analysis. Objective: This study examines the institutional frameworks and implementation effectiveness of Islamic inheritance law systems in Malaysia and Brunei Darussalam, analyzing how constitutional arrangements and governmental approaches influence the practical application of faraid principles. Methods: This research employs a normative legal methodology utilizing comparative analysis of legal frameworks, institutional structures, and judicial decisions. The study analyzes primary legal sources including constitutional provisions, statutory laws, court decisions, and administrative guidelines from both jurisdictions. Data collection encompassed library research examining fiqh literature, national legislation, official documents, scholarly articles, and religious legal opinions. Theoretical frameworks of legal pluralism (Romano-Gierke), Maqasid al-Shariah, and Hartian legal positivism provide analytical foundations for institutional effectiveness assessment. Results: Malaysia's dual legal system creates jurisdictional tensions between Syariah and civil courts, particularly regarding immovable property administration, resulting in administrative complexity and legal uncertainty that undermines Islamic law effectiveness. Conversely, Brunei's centralized Islamic legal framework demonstrates superior institutional coherence through exclusive Syariah court jurisdiction, enabling direct faraid implementation without inter-court conflicts. The study reveals that approximately RM42 billion in Muslim inheritance remains undistributed in Malaysia due to systematic administrative failures, while Brunei's unified approach achieves greater legal certainty and administrative efficiency. Conclusions: Institutional structures fundamentally determine Islamic inheritance law implementation effectiveness in contemporary Muslim societies. Successful Islamic law implementation requires comprehensive institutional support aligning legal structures with religious objectives rather than mere constitutional recognition. Malaysia's fragmented system inadvertently undermines Islamic law's divine authority through secular intervention, while Brunei's unified approach enhances religious legitimacy and community compliance.

The economic ideas of the great Islamic jurist Abu Ishaq al-Syatibi are discussed in this article. Syatibi is most known for his formulation of the maqashid al-syari'ah, or goals of Islamic law.  Using primary and secondary sources found in library databases, the study takes a descriptive-analytical approach to history.  The results show that when it comes to fiscal measures like taxes, government expenditure, and minimum wage legislation, al-Syatibi stresses that maslahah (public interest) should be the primary aim of economic policy.  Efficient, fair, and sharia-compliant economic policies that take into account society's main, secondary, and supplementary requirements are essential, says al-Syatibi.  Even if it differs from more contemporary need theories like Maslow's hierarchy of requirements, al-Syatibi's maqashid al-syari'ah succeeds in meeting fundamental human needs by highlighting the role of religion.  Contributing significantly to the growth of Islamic economics, al-Syatibi's ideas highlight a middle ground between material and spiritual well-being.  

In Aceh, the provision of guidance is regulated in Articles 5 and 6 of Gubenur Regulation Number 139 of 2016, which states that the main task and function of the Civil Service Police Unit and Wilayatul Hisbah Aceh is the guidance function. Article 1 point 14 of Qanun Number 7 Year 2013 on Jinayat Procedure Law states that the function of Wilayatul Hisbah (WH) is to socialise, supervise, enforce, and foster the implementation of Islamic Sharia. Therefore, there is a problem of interpreting the authority of coaching carried out by Satpol PP and WH of Lhokseumawe City. This study aims to determine the legal basis for the coaching of suspected jarimah violators by Satpol PP and WH of Lhokseumawe City and the legal consequences of coaching suspected jarimah violators without going through the judicial process carried out by Satpol PP and WH of Lhokseumawe City. The research method used is empirical juridical. Data sources are obtained through interviews with respondents and informants. The results of this study indicate that the coaching carried out by Satpol PP and WH of Lhokseumawe city against suspected jarimah violators does not have a clear legal basis. The coaching carried out is only based on a statement signed by the alleged jarimah violator during the investigation and the legal consequences of coaching against jarimah offenders by Satpol PP and WH of Lhoseumawe City without going through the judicial process is carried out without a legal basis which results in serious legal consequences such as the coaching is not legally valid (can be cancelled), violates human rights, and can be sued civilly or criminally prosecuted and reduces public confidence in Sharia law.

This study aims to analyze the effect of maqashid sharia on Muslim women's happiness in Indonesia, using data from the Indonesian Family Life Survey (IFLS) 5th wave 2014. Maqashid sharia, as a core concept in Islamic law, focuses on the maintenance of five main aspects, namely religion (ad-din), soul (an-nafs), intellect (al-aql), offspring (an-nasl), and property (al-mal). This study examines whether the implementation of maqashid sharia principles coupled with region of residence as a control variable has a significant impact on the subjective happiness of Muslim women in Indonesia. Using logit regression method and STATA software, this study found that the maintenance of health (soul), education (mind), and income (wealth) has a significant positive effect on Muslimah's happiness, heredity (lineage) shows an insignificant negative effect, religiosity (religion) shows a positive and significant relationship, while the region of residence has an insignificant negative relationship with the level of happiness of Muslimah in Indonesia. These results indicate that the subjective happiness of Indonesian Muslim women is more influenced by material dimensions than philosophical or spiritual matters. This research is expected to contribute to the formulation of public policies that support the social welfare of Muslimahs based on maqashid sharia.

The development of digital technology has revolutionized consumption patterns among consumers, including Muslim consumers. Digitalization has not only brought convenience and efficiency, but also created new challenges in the application of Islamic consumption values. Consumption, which is viewed as part of worship in Islamic economics, requires adherence to the principles of halal, thayyib, justice, prohibition of israf and gharar, and social responsibility. This study aims to conceptually examine how consumers play a role in strengthening the Islamic economy in the digital age, as well as how Sharia consumption principles can be ethically implemented in a dynamic digital environment. The method used is a literature review, examining various academic literature, scientific journals, and documents related to Islamic economics and the digitalization of consumption. The findings indicate that Muslim consumers hold a strategic position in shaping value-based markets, driving the growth of the halal sector, and supporting the sharia-compliant SME ecosystem. On the other hand, low sharia-based digital literacy and the dominance of digital consumerist culture pose challenges that must be anticipated. Strengthening literacy, adaptive regulations, and collective awareness transformation are needed to create a digital consumption pattern that is blessed, fair, and sustainable in accordance with the objectives of Islamic law.

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.

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.  

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.

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.  

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.  

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.

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.

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.

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.

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.

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.

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).