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From the perspective of criminal liability theory, criminal policy, and Islamic law, sexual gratification is a form of corruption. According to positive criminal law, a person can only be held liable when three essential elements are fulfilled: an unlawful act, culpability (dolus or culpa), and the capacity for responsibility. However, in the context of public office, sexual gratification constitutes an unlawful act because it involves the acceptance of non-fina. Since the acceptance of sexual services within a power relationship usually indicates awareness of reciprocal policy gains, purpose (dolus) is frequently dominating. From the perspective of criminal policy, the restriction of sexual gratification reflects the growth of corruption as a white collar crime—a term coined by Edwin H. Sutherland—where abuse of power encompasses intangible rewards in addition to monetary transfers. According to Islamic law, sexual enjoyment constitutes two violations: it may be considered risywah (bribery) because of its transactional motive, and it may also be considered jarimah zina if it takes place outside of a legally recognized marriage. Such behaviors compromise the protection of property, ancestry, and religion through the framework of maqāṣid al-sharī‘ah developed by Abu Ishaq al-Shatibi in Al-Muwafaqat. The study comes to the conclusion that in order to guarantee accountability, protect public integrity, and promote social welfare, it is imperative to develop legal interpretation and evidential procedures.

Domestic violence (DV) remains a complex legal and social problem, threatening family stability and human dignity. Although Law No. 23 of 2004 concerning the Elimination of Domestic Violence provides strict sanctions, conventional punishment methods are often considered ineffective in restoring damaged social relationships within families. This study examines the implementation of restorative justice in resolving domestic violence cases within the Bungo Police jurisdiction, from the perspective of positive law and Islamic law. This study uses an empirical legal approach and a sociological perspective, with primary data collected through interviews with investigators from the Women and Children Protection Unit (PPA), as well as secondary data from laws, police regulations, and related academic literature. The results show that restorative justice has been applied to several domestic violence cases during the investigation stage through mediation and peace agreements between the parties involved. This method helps reduce the backlog of cases, accelerates dispute resolution, and maintains family social stability. However, challenges remain, such as the possibility of re-victimization due to the imbalance of power between victims and perpetrators. From an Islamic legal perspective, restorative justice is in line with the principles of ta'zīr and maqāṣid al-sharī'ah, especially the preservation of human dignity, life and offspring. By guaranteeing the protection of victims and preventing repeated violence, restorative justice can be an additional mechanism in cases of domestic violence.

In Indonesia, illegal gold mining (PETI) is still a persistent environmental crime, especially in resource-rich areas like Bungo Regency, Jambi Province. The efficacy of local law enforcement is still in doubt, despite the fact that Article 158 of the modified Mining Law (Law No. 3 of 2020) offers a solid legal foundation for criminal penalties. The purpose of this study is to evaluate the efficacy of criminal law enforcement in Bungo Regency against PETI from the standpoint of Islamic law based on maqāṣid al-sharī‘ah. This study uses a juridical-empirical approach, combining pertinent court rulings, field data from law enforcement, and normative legal analysis. The results show that although legal measures like arrests and convictions have been carried out, they have not had a major deterrent effect. The overall effect of enforcement operations is weakened by structural issues, such as the economic dependence of local populations, the scarcity of alternative livelihoods, and the difficulties of prosecuting informal financiers. According to maqāṣid al-sharī‘ah, illicit mining is incompatible with the defense of basic principles, especially the preservation of life (ḥifḍ al-nafs), property (ḥifṢ al-māl), and environmental sustainability. The study comes to the conclusion that effective law enforcement necessitates an integrated strategy that combines preventive and rehabilitative tactics, such as economic empowerment, legal awareness campaigns, and regular supervision, with repressive measures. A more equitable, long-lasting, and socially conscious form of environmental criminal law enforcement is provided by combining positive law with the ethical framework of maqāṣid al-sharī‘ah.

This study uses an integrated analysis of positive law and Islamic law at Polres Bungo to investigate the reconstruction of sanctions for juvenile offenders during the investigation stage. Empirical trends suggest a procedural and administrative orientation that may restrict substantive rehabilitation, even though Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak (Juvenile Criminal Justice System Act) formally adopts restorative justice, diversion, and the best interests of the child as guiding principles. Using a multidisciplinary approach that integrates statutory, theological-normative (shar‘i), and historical considerations, this study uses a normative qualitative design based on library research. The theoretical framework incorporates maqāṣid al-sharīʿah as a normative evaluation instrument, legal effectiveness theory, and punishment theories. The findings reveal a conceptual convergence between Indonesian positive law and Islamic criminal jurisprudence in differentiating criminal responsibility based on maturity and prioritizing rehabilitation over retribution. There are still differences, nevertheless, when it comes to age criteria and the classification of sanctions: Islamic law places more emphasis on moral and biological maturity (baligh and tamyīz), whereas positive law focuses on strict legislative boundaries. The predominance of formal legality over psychosocial assessment at the investigative level runs the risk of undermining rehabilitative goals. In order to maintain proportionality and child protection, this study suggests a reconstructive paradigm that operationalizes maqāṣid-based principles, combines thorough psychological evaluation, and improves diversion measures. In addition to realistically advancing the creation of a more equitable, rehabilitative, and child-centered investigative framework, the research theoretically advances the conversation about harmonizing state and Islamic law.

The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

Over the past 20 years, developments in digital technology have led to the emergence of financial innovation in the form of cryptocurrencies, with Bitcoin being the main pioneer. Bitcoin is a decentralized, blockchain-based electronic payment system that is not controlled by a single financial institution. Although its presence facilitates quick and straightforward cross-border transactions, it also raises ethical and legal issues, especially when taking into account Islamic law, which strongly emphasizes justice, certainty, and the welfare of society. This paper aims to investigate the usage of Bitcoin in modern economic transactions from the standpoint of Islamic and international law. This study investigates Islamic legal sources, the views of Islamic scholars, fatwas (religious decrees), and international laws and regulations pertaining to cryptocurrency assets using a qualitative, normative-empirical methodology. The results show that, although opinions among scholars differ, the usage of Bitcoin is subject to ijtihadiyah (Islamic ijtihad) in Islamic law. Some reject it because of its great volatility and speculative potential, while others allow it as long as it provides advantages and does not include riba, gharar, or maysir (the risks associated with gambling). In terms of international law, Bitcoin is typically seen as a digital asset that has to be closely watched in order to preserve economic stability and deter financial crime. Therefore, balanced legislation is required to guarantee that the usage of Bitcoin is in line with the principles of sharia maqasid and global economic fairness.

Aktivitas ekonomi mempunyai hubungan yang erat dengan transaksi antara entitas ekonomi, yang terkadang menyebabkan sengketa. Dalam konteks ekonomi syariah, sengketa muncul karena perselisihan antara pelaku ekonomi yang berbisnis berdasarkan hukum ekonomi syariah terkait hak atau kepentingan. Sengketa ini bisa diputus dengan instrumen hukum yang berbagai, baik litigasi di pengadilan agama maupun metode non-litigasi seperti negosiasi, mediasi, dan konsiliasi. Penyelesaian sengketa di pengadilan agama bertujuan agar terjaminlah keadilan dan keteguhan hukum sesuai prinsip syariah. Namun, dengan semakin meningkatnya tuntutan keadilan, penyelesaian sengketa melalui pengadilan relatif lama dan kurang efektif, maka alternatif penyelesaian di luar pengadilan semakin relevan. Negosiasi sebagai salah satu proses tawar-menawar dalam sengketa ekonomi syariah sangat memfokuskan pada persiapan dan komunikasi efektif kedua belah pihak. Salah satu penyebab sengketa ekonomi pada ekonomi syariah adalah wanprestasi dalam transaksi jual beli, terutama transaksi tanah. Oleh karena itu, regulasi ekonomi syariah yang mengatur prinsip keadilan dan keseimbangan hak dan kewajiban sangatlah perlu untuk menyelesaikan sengketa tersebut secara adil dan damai. Penelitian ini bertujuan untuk menggali penerapan regulasi ekonomi syariah dalam penyelesaian sengketa wanprestasi, khususnya yang berhubungan dengan sengketa tanah, dengan mengidentifikasi metode penyelesaian sengketa yang sesuai dalam hukum Islam dan hukum positif Indonesia. Penelitian ini diharapkan memberikan wawasan mengenai relevansi dan penerapan hukum Islam dalam menyelesaikan sengketa ekonomi syariah, serta menyoroti pentingnya penyelesaian sengketa melalui metode yang mengedepankan keadilan dan perdamaian.

The “turun ranjang” marriage is a traditional practice found in several Indonesian ethnic groups, in which a man marries the younger sister of his deceased or divorced wife. This tradition aims to maintain family harmony, protect children, and preserve kinship ties. From the perspective of Islamic law, such a marriage is permissible as long as it fulfills the legal requirements and pillars of marriage, including the presence of a guardian, witnesses, mutual consent, and the absence of coercion. However, if any of these conditions are not met, the marriage may be considered invalid according to Islamic law. While this tradition has positive aspects such as preventing adultery and preserving family unity it may also lead to social conflict when performed under pressure or without full consent. Therefore, it is essential for those involved to seek guidance from Islamic scholars or legal experts to ensure the marriage aligns with religious principles and promotes family harmony. Overall, the “turun ranjang” marriage can be accepted if conducted with sincerity, awareness, and compliance with Islamic law.

The distribution of inheritance is an important issue in Indonesian society which adheres to a plural legal system, namely Islamic law, customary law, and western civil law. One of the issues that often raises differences of opinion is the position of biological children and adopted children as heirs. In Islamic law, the right to inherit is based on the relationship of the nasab so that the biological child gets a clear share, while the adopted child does not have the right to inherit but can still be given a share through a grant or obligatory will. In contrast, Toba Batak customary law emphasizes the patrilineal principle, whereby sons, including legitimate adopted children through mangain customary ceremonies, are positioned as the successors of the clan and are entitled to inheritance except hereditary inheritance. This study uses a literature study method by examining literature related to Islamic law and Batak Toba customary law and qualitatively analyzed. The results of the study show that the difference in principles between these two legal systems gives birth to social and legal conflicts in the Batak Muslim society, especially when religious and customary values must be carried out together. However, opportunities for harmonization remain open through the application of the principle of justice that recognizes the position of adopted children in customary structures, as well as upholding sharia by granting rights through the mechanism of compulsory wills. These findings emphasize the need for an integrative approach in resolving inheritance disputes in order to create legal certainty, social justice, and maintain cultural and religious harmony.

Divorce has a significant impact on a child's psychological and social development, particularly in the aspect of determining custody rights, which should prioritize the principle of the child's best interests. This study aims to analyze the balance between Islamic legal norms as stipulated in the Compilation of Islamic Law (KHI) and positive law in Indonesia, in cases where children under the age of 12 express a desire to live with their father after the divorce. The research approach used is a juridical-normative with a qualitative analysis method that focuses on a literature review of laws and regulations such as the KHI, the Marriage Law, the Child Protection Law, and the Convention on the Rights of the Child, as well as relevant legal and jurisprudential literature. The results of the study indicate that although normatively the KHI prioritizes the mother as the caregiver of children under 12 years old, there is room for flexibility that allows the court to consider the child's wishes if it better ensures the child's welfare and safety. This approach is supported by the principle of maslahah mursalah in Islamic law, which allows adjustments for the benefit of the child. The main challenges in its implementation include the minimal involvement of professionals such as child psychologists in the evaluation process, the existence of gender stereotypes that influence judges' decisions, and emotional conflicts between parents that often override the interests of the child. Therefore, this study recommends that judicial institutions actively involve psychologists and mediators in custody proceedings, improve training for judges in understanding the psychosocial dynamics of children, and update legal guidelines so that children's wishes can be assessed objectively. Furthermore, education to the wider public about the importance of gender non-discrimination in child care is also needed so that custody decisions truly reflect the principles of comprehensive child protection and welfare.

The purpose of this research is to analyse the legal status of children born from marriages of different nationalities in the perspective of Indonesian Civil Law and Islamic Law. This research is important because children born from mixed marriages are entitled to protection of their legal status in order to maintain the continuity of life, legal position and civil interests. The research method used is normative juridical legal research with qualitative data types in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials relevant to the topic of this research and data collection techniques using library research or literature studies with legal material analysis techniques using descriptive analysis methods. The results of this study state that the law of marriage between different nationalities in the perspective of Indonesian civil law and Islamic law raises problems with the law of marriage itself as well as the legal status, civil rights and citizenship rights of children. In the perspective of Indonesian civil law and Islamic law, the law of marriage of different nationalities is a valid marriage and the legal status of the child is a legitimate child, the civil rights of children from marriages of different nationalities are the same as children in general and the legal status of the child's citizenship as an Indonesian citizen follows the citizenship of the father or mother who is an Indonesian citizen and can also have dual citizenship until he is 18 years old or married, after which the child must declare choosing one of his citizenship.

Penelitian ini membahas sengketa peralihan hak atas harta bersama tanpa persetujuan salah satu pihak dalam kasus perceraian, sebagaimana terjadi pada Putusan PA No. 1990/Pdt.G/2023/PA.Pml. Adapun rumusan masalah yang diangkat adalah: 1) bagaimana pengaturan hukum mengenai peralihan hak atas harta bersama dalam peraturan perundang-undangan Indonesia, 2) bagaimana pertimbangan hukum hakim dalam memutuskan sah atau tidaknya peralihan hak atas harta bersama tanpa persetujuan suami dalam kasus perceraian, dan 3) bagaimana implikasi hukum dari peralihan hak tanpa persetujuan suami dalam kasus tersebut. Penelitian ini menggunakan metode yuridis normatif, dengan pendekatan peraturan perundang-undangan dan studi kasus, khususnya Putusan Pengadilan Agama Pemalang Nomor 1990/Pdt.G/2023/PA.Pml. Data diperoleh dari sumber sekunder dan dianalisis secara deskriptif kualitatif. Hasil penelitian menunjukkan bahwa peralihan hak atas harta bersama diatur dalam Pasal 35 dan 36 UU No. 1 Tahun 1974 tentang Perkawinan, yang mensyaratkan persetujuan kedua belah pihak. Jika persetujuan tidak ada, pengalihan hak dianggap tidak sah dan dapat dibatalkan. Hal ini ditegaskan dalam Pasal 1320 KUHPerdata serta Pasal 97 Kompilasi Hukum Islam (KHI) yang mengatur hak atas harta bersama setelah perceraian. Dalam kasus ini, pengadilan membatalkan tindakan istri yang mengalihkan hak tanpa persetujuan suami, mengembalikan status harta sebagai milik bersama, dan mewajibkan pihak ketiga yang menerima harta untuk mengembalikannya atau memberikan kompensasi.

Persoalan mengenai pembagian harta bersama pasca-perceraian masih dianggap tabu di tengah masyarakat, khususnya bagi pasangan suami istri yang telah bercerai. Rendahnya pemahaman terhadap ketentuan hukum mengenai harta bersama sering kali menyebabkan sulitnya pelaksanaan putusan pengadilan, yang pada akhirnya menimbulkan konflik karena pembagian yang dianggap tidak adil atau tidak sesuai kesepakatan. Penelitian ini mengangkat tiga rumusan masalah: (1) bagaimana ketentuan hukum mengenai harta bersama dan harta bawaan setelah perceraian; (2) bagaimana pertimbangan hukum hakim dalam Putusan Nomor 3067/Pdt.G/2021/PA.Bbs; dan (3) apa akibat hukum dari putusan tersebut terhadap pembagian harta bersama. Penelitian ini menggunakan metode yuridis normatif dengan spesifikasi deskriptif analitis dengan mengkaji peraturan perundang-undangan, literatur hukum, dan putusan pengadilan terkait. Hasil penelitian menunjukkan bahwa pembagian harta bersama telah diatur dalam Undang-Undang Perkawinan, KUH Perdata, dan Kompilasi Hukum Islam. Pasal 35 Undang-Undang Perkawinan menyatakan bahwa harta yang diperoleh selama perkawinan merupakan harta bersama, kecuali ditentukan lain melalui perjanjian pranikah atau pascaperkawinan. Dalam Putusan Nomor 3067/Pdt.G/2021/PA.Bbs, hakim membagi harta bersama secara proporsional, masing-masing pihak memperoleh ½ bagian berdasarkan alat bukti dan fakta yang terungkap di persidangan. Putusan ini menimbulkan akibat hukum yang signifikan, terutama dalam menentukan hak kepemilikan atas harta bersama yang diperoleh selama masa perkawinan.

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.  

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.

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.

This study explores the Islamic perspective on Human Rights (HR) through a qualitative approach based on literature review. It emphasizes that the principles of human rights are not foreign to Islamic teachings, but are inherently embedded in the values of Sharia derived from the Qur'an and Hadith. Islam upholds justice, freedom of religion, equality, the right to life, and social and economic welfare. The article also examines contemporary challenges faced by Muslim societies in implementing human rights, such as gender inequality, restrictions on religious freedom, and the marginalization of vulnerable groups, including the LGBT community. The findings reveal that the tensions between Islamic principles and international human rights standards often stem from differing normative foundations and interpretations of individual freedom. Therefore, a contextual reinterpretation (ijtihad) is necessary to ensure that Islamic values remain relevant and responsive to modern global challenges. The study concludes that, when applied wisely and aligned with universal humanitarian values, Islamic teachings hold significant potential to contribute to the development of a just, inclusive, and dignified society.

Traditional marriage in Pulau Buaya Village is not just the union of two individuals, but also a bond between two large families that involves social, cultural, and economic aspects. The traditional marriage customs in this village have significant stages that reflect the values of collectivism and respect for ancestors. However, the majority of the community also adheres to Islam, which has its own legal rules regarding marriage. The interaction between customary law and Islamic law in marriage practices often results in adaptations or acculturation that do not always proceed smoothly. Some traditional customs sometimes conflict with the principles of Islamic law, creating challenges in balancing the preservation of traditions with adherence to religious teachings. This study uses a juridical-empirical method with a qualitative approach. Primary data is obtained through interviews and direct observation of traditional leaders, religious leaders, and couples who have undergone traditional marriages. Secondary data is gathered from literature studies on customary law and Islamic law. The findings show that the customary marriage law in Pulau Buaya Village has been adjusted to Islamic principles, but practices still exist that contradict Islamic law. The implications of this study are the need for an integrative approach in formulating marriage policies that respect cultural diversity while remaining in accordance with Islamic and national legal principles.

This study is motivated by the high rate of marriage in Indonesia. Marriage is a sacred activity because through marriage there will be new family relationships and the consequences that arise from the marriage. The validity of a marriage in Indonesia is highly dependent on the provisions of each religion recognized in the Unitary State of the Republic of Indonesia. In Islam, a man can practice polygamy if he has met the existing conditions. Polygamy will have an impact on the validity of a marriage if the existing conditions are not met by the couple. Therefore, the validity of a marriage is very necessary in the system of the state of law.

Nusyūz is usually defined as the wife's disobedience to her husband or vice versa. A wife can be considered nusyūz if she does not carry out her obligations or does not fulfill the rights that should be obtained by the husband and vice versa. The purpose of the study is to explore and analyze the impact of nusyūz committed by the husband on the harmony of household relations and on the family relationship of the married couple. The research method used is a library research method using a quantitative approach. The results show that husband's nusyuz, which is often overlooked in the context of Islamic law, has a significant impact on the relationship between the husband and wife's family. Nusyuz does not only refer to the wife's defiance, but also includes the husband's behavior that does not fulfill his obligations in the household, such as providing proper maintenance, protection, and education for his wife and children. From the analysis conducted, it was found that the husband's nusyuz behavior can cause dissatisfaction in the marriage relationship, leading to conflict between the two families. This injustice is often exacerbated by a patriarchal culture that considers that only wives can be considered nusyuz, thus ignoring the responsibilities of husbands. The psychological impact of the husband's nusyuz is also very detrimental, where the wife and children can be traumatized, both emotionally and physically. This research emphasizes the importance of understanding rights and obligations in Islam, the application of religious teachings, and open communication between spouses to prevent and overcome the problem of nusyuz.