Publication Search

This article examines the relationship between Islam and the local traditions of the Minangkabau community in West Sumatra, Indonesia. The focus covers three main issues: the historical process of Islamization, the philosophy of Adat Basandi Syarak, Syarak Basandi Kitabullah (ABS-SBK), and the coexistence of the matrilineal kinship system with Islamic inheritance law. Using a qualitative approach through systematic literature review of peer-reviewed journals published between 2020 and 2025, the study synthesizes findings from multiple academic sources. The results reveal that Islam entered Minangkabau gradually through trade and the surau educational institution, rather than through forced conversion. The resulting ABS-SBK philosophy meaning customary law is grounded in Islamic law, which is grounded in the Quran serves as a comprehensive life guide integrating religious norms with adat practices. The matrilineal inheritance system (pusaka tinggi) coexists with Islamic inheritance law (faraid) through a functional distinction: communal ancestral property follows adat, while individually acquired property follows Islamic law. Contemporary challenges such as globalization, urbanization, and weakened institutional roles of adat leaders threaten the vitality of ABS-SBK, though cultural revitalization efforts show promising resilience. This study concludes that Minangkabau represents a unique model of Islam-culture integration in the Indonesian archipelago.

This study examines the transformation of the authority of Islamic courts in Indonesia across the colonial and post-colonial periods and their contribution to the formation of national law. Employing a normative-juridical method with historical, statutory, and conceptual approaches drawn from library sources, the research traces how a once-autonomous Islamic judicial institution was reshaped by Dutch colonial legal politics, from the recognition implied by the receptio in complexu theory to the systematic reduction of competence under the receptie theory through Staatsblad 1882 No. 152 and Staatsblad 1937 No. 116 and 610. The findings show that the colonial intervention narrowed the jurisdiction of religious courts, particularly by removing inheritance disputes, yet did not extinguish their existence. After independence, the receptie exit and receptie a contrario theories provided the ideological basis for restoring Islamic judicial authority, institutionalized through the establishment of the Ministry of Religious Affairs, Law No. 14 of 1970, Law No. 1 of 1974, Law No. 7 of 1989, the Compilation of Islamic Law, and Law No. 3 of 2006. The study implies that the religious court has become an integral pillar of the national judicial system rather than a colonial remnant.  

Adoption is a legal act aimed at providing protection, well-being, and security for children. However, in legal practice in Indonesia, adopted children often face issues related to property rights, particularly regarding the acquisition of assets from their adoptive parents. Under Islamic law, adopted children are not considered heirs with a blood relationship to their adoptive parents and therefore do not automatically inherit. Consequently, a gift is the legal instrument used to provide economic protection to adopted children. This study aims to analyze the legal status of adopted children as recipients of gifts and to examine the validity of such gifts under Indonesian inheritance law. This study employs a normative legal method using a statutory approach and a conceptual approach. The results indicate that the legal status of adopted children as recipients of gifts is legally recognized provided they meet the applicable legal requirements under the Civil Code, the Compilation of Islamic Law, and other relevant regulations. However, the granting of a gift remains limited by the principle of protecting the rights of blood relatives through the concept of the “legitime portie” in the Civil Code and the maximum limit of one-third of the estate in the Compilation of Islamic Law. Thus, legal harmonization is necessary to ensure that gifts to adopted children provide legal certainty and equitable protection for all parties.

This study aims to analyze the influence of digital marketing through Instagram on purchasing decisions at UMKM Jamu Bu Bekti in Karawang Regency. The research uses a quantitative approach, with data collected through questionnaires distributed to consumers who have seen or purchased the products. The data analysis technique applied is regression analysis to examine the relationship between marketing content and promotional variables on consumer purchasing decisions.The results show that marketing content shared on Instagram does not have a significant effect on purchasing decisions. However, the content is considered quite attractive, informative, and helpful in providing product information to consumers. On the other hand, promotion has a positive and significant impact on increasing consumer interest and encouraging purchasing decisions. This indicates that consumers are more responsive to promotional strategies such as discounts, bonuses, or special offers rather than relying solely on content quality.These findings suggest that promotional strategies play a crucial role in digital marketing, especially for small and medium enterprises (SMEs). Therefore, business owners are advised to focus more on creating attractive, creative, and targeted promotional activities on social media to boost sales. This study is expected to contribute to the development of more effective, efficient, and sustainable digital marketing strategies for SMEs in the future.

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.

The practice of adoption (tabanni) is a social reality that is culturally embedded in Indonesian Muslim society, but often experiences normative clashes with classical Islamic inheritance law which requires blood relations (nasab) as the basis for inheritance. This gap has the potential to trigger distributive injustice for adopted children who do not have inheritance rights despite having emotional closeness and economic dependence. This study aims to analyze the legal status of adopted children and the application of Article 209 of the Compilation of Islamic Law (KHI) concerning Mandatory Wills as a legal solution. This study is a normative legal research with library research methods that use a statutory approach and a conceptual approach. The analysis was conducted descriptively qualitatively using analytical tools of Maqashid Syariah theory, Maslahah Mursalah, and the theory of Mandatory Wills. The results of the study indicate that Article 209 of the KHI reconstructs the status of adopted children not as Heirs, but as Recipients of Wills, in order to maintain the purity of lineage according to sharia principles. This article transforms the paradigm of wills from voluntary (tabarru’) to mandatory (ijbari) through an ex-officio state mechanism. Philosophically, this application is validated by the principle of Maslahah Mursalah to fill the legal vacuum for the protection of children (hifz al-nafs) and Maqashid Syariah in realizing justice in the distribution of assets (hifz al-mal) without violating the principle of descent (hifz al-nasl). The limitation of a mandatory will of a maximum of one-third (1/3) functions as an instrument of distributive justice (al-’adalah) and a safety valve to protect the rights of lineage heirs (dzawil furud) from being oppressed. It is concluded that Article 209 of the KHI is a form of social engineering and ijtihad typical of Nusantara Islam that applies a middle path (wasatiyah) in family law.

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.

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.

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Family disputes over inheritance are a common social and legal issue in Indonesian society, often leading to long-term conflicts and even legal battles. This situation is influenced by the complex legal system of inheritance in Indonesia, which is pluralistic and includes Western civil law, Islamic law, and customary law. It is further complicated by social, cultural, economic, and psychological factors among the heirs. This study aims to analyze the causes of family disputes in inheritance distribution and examine the role of law in providing certainty, fairness, and benefits for all parties involved. The research method used is normative legal research with a jurisprudential approach, through the study of relevant legal regulations, legal doctrines, and court decisions. The findings show that inheritance disputes are generally caused by unfair distribution of assets, differing interpretations of law, conflicts between customary law, religious law, and national law, as well as poor communication and lack of transparency within the family. Therefore, resolving inheritance disputes requires not only the enforcement of law in a normative manner, but also non-litigious approaches such as mediation, family consultation, and increased legal awareness to maintain family harmony and legal certainty.  

Unregistered marriage (nikah siri) in Indonesia refers to marriages conducted in accordance with Islamic religious law but not officially recorded by the state. This legal gap creates significant challenges, particularly concerning the legal status of wives, children, and marital property. This study employs a normative juridical research methodology to examine the legal consequences of unregistered marriages on the positions of wives, children, and property, as well as to analyze the forms of legal protection available for children born from such marriages. The findings reveal that wives in unregistered marriages lack legal protection comparable to those in registered marriages, including rights to marital property, alimony, and inheritance. Children born from these unions initially possess legal relationships only with their mothers and maternal families. However, Constitutional Court Decision No. 46/PUU-VIII/2010 established a legal pathway for children to establish civil relationships with their biological fathers through scientific evidence such as DNA testing. Despite this judicial development, practical implementation faces considerable obstacles including evidentiary difficulties, social stigma, and limited access to legal remedies. This research concludes that active state intervention and institutional support remain essential to safeguard children's fundamental rights, including identity, inheritance, and protection from legal and social discrimination.

This study analyzes the implementation of Islamic inheritance law (mawaris) in contemporary Muslim society as a means to realize justice and blessing (barakah) in the distribution of inherited wealth. The research is motivated by the growing number of inheritance disputes caused by limited understanding of faraid principles, the persistence of customary inheritance practices, and the coexistence of national legal systems that often diverge from Islamic inheritance regulations. These conditions frequently lead to unequal distribution and family conflicts. The study aims to examine the relevance of mawaris in modern contexts and to explore how its application, when aligned with the objectives of Islamic law (maqasid al-shariah), can address current social challenges. Employing a qualitative method with a normative library research approach, the study draws on primary sources such as the Qur’an, Hadith, and classical fiqh texts, as well as secondary sources including contemporary books and scholarly journal articles. Data were analyzed through content analysis to identify key concepts and arguments regarding the contemporary application of mawaris. The findings show that proper implementation of Islamic inheritance law fosters justice, minimizes family disputes, strengthens kinship ties, and safeguards the blessing of wealth. Nevertheless, insufficient public literacy on Islamic inheritance law and the dominance of non-sharia considerations remain significant barriers. Therefore, the study underscores the need for enhanced public education, greater involvement of religious scholars in inheritance mediation, and contextual integration of Islamic legal principles to ensure fair and beneficial inheritance distribution in modern Muslim families.

The authority of the Religious Courts in Indonesia has undergone substantial transformation since the enactment of the 1974 Marriage Law, which serves as a foundational milestone in harmonizing the national legal system on family matters. Prior to this legislation, the jurisdiction of the Religious Courts was limited and influenced by legal dualism among customary law, Islamic law, and Western civil law inherited from the colonial period. This article examines how the Marriage Law initiated a shift in the structure and legitimacy of the Religious Courts and how their jurisdictional expansion reached a more comprehensive form through Law No. 7 of 1989 on Religious Courts and its subsequent amendments under Law No. 3 of 2006 and Law No. 50 of 2009. Using a normative juridical approach, this study analyzes statutory regulations, academic literature, and Islamic legal doctrines. The findings show that the Marriage Law provided the initial legal foundation for strengthening the Religious Courts' authority in handling family disputes, which was later expanded significantly to include inheritance, wills, grants, endowments (wakaf), alms (zakat), charitable donations (infaq and sadaqah), and Islamic economic matters during the legal reform era. This transformation not only reinforced the institutional structure of the Religious Courts but also improved access to justice for Muslim communities and supported the integration of Islamic law into Indonesia’s national legal framework. Therefore, the development of the Religious Courts’ authority after the Marriage Law reflects the dynamic modernization of the legal system and the harmonization between religious values and the rule of law in Indonesia.

Marriage is principally intended to establish a happy and enduring family. However, in practice at Puncak area of Bogor Regency has seen the growth of contract marriage, a practice that often resembles disguised prostitution and may facilitate the exploitation of women. This research aims to analyze the legal position and validity of contract marriage from the perspectives of islamic law and Indonesian positive law, as well as to explain its legal consequences for women and children. This study employs a normative juridical method through an examination of positive law, legal doctrine, and prior research, and applies both a statute approach and a case approach. The findings indicate that contract marriage is a time limited marriage that contradicts the objective of marital permanence under the Marriage Law. In Islamic law, the practice is equated with mut’ah marriage, which is prohibited, and if conducted it is deemed void by operation of law. Under Indonesian positive law, contract marriage is not recognized, and its agreement does not satisfy the legal requirements for a valid contract under Article 1320 of the Civil Code. As a result, women may lose civil rights such as maintenance, inheritance rights, and entitlements to joint marital property, while Out-of-Marriage Children may have a limited civil relationship only with the mother and the mother’s family. Therefore, contract marriage lacks validity under both Islamic law and Indonesian positive law and may generate legal, social, and moral harms, particularly for women and children.

Inheritance law in Indonesia is pluralistic because it is influenced by three legal systems, namely customary law, Islamic law, and western civil law (Burgerlijk Wetboek) which is a legacy of the Dutch colonial era and divides the population based on legal classes. This diversity of legal systems also influences inheritance practices in Chinese society which traditionally adheres to a patrilineal system, where sons are prioritized over daughters in the distribution of inheritance. This study aims to analyze the inheritance law regulations for Chinese society, the development of inheritance practices that occur, and the legal considerations used by judges in the Supreme Court Decision Number 147K/Pdt/2017. The research method used is normative-empirical legal research with a statutory approach, cases, and legal identification, as well as assessing the effectiveness of legal implementation through literature studies and interviews. The results of the study indicate that the Supreme Court decision confirms the equality of inheritance rights between sons and daughters. This marks a shift in the Chinese inheritance system from patrilineal customs to the application of the provisions of the Civil Code, which upholds the values ​​of justice and gender equality.

This study discusses the discourse of fiqh al-nawāzil which is rooted in the fundamental disparity between Islamic Family Law (classical inheritance and will law) and Contemporary Law (Hajj queue regulation Law No. 8 of 2019 and fiat of the transfer of one person to the Director General of PHU No. 130 of 2020). This background raises a normative dilemma when the right to worship (al-haq al-'ibādi) is threatened with forfeiture because classical instruments clash with the principle of lā waṣiyyata li wārith and the limits of al-thuluth. The main purpose of this research is to propose a Mandatory Will as a transformative solution of Islamic Law to provide a fair and strong sharia foundation for the existing state administrative policies. The method used is Fiqh al-Nawāzil with the approach of Istislah (Maslahah Mursalah) and Qiyās Istiḥsānī, which places the portion of Hajj as an obligation that must be fulfilled (al-wājib al-waṣiyyah) equivalent to debt, so that it can methodologically neutralize the limitation of classical inheritance. The conclusion shows that the Obligatory Will has succeeded in bridging this conflict, providing a Legal Impact in the form of modernizing Islamic Family Law, and affirming the ability of Islamic Law to realize maqāṣid al-sharī'ah (ḥifẓ al-dīn and ḥifẓ al-māl) in the contemporary era. The recommendation urges that amendments to the Compilation of Islamic Law (KHI) and hajj regulations (including the strengthening of Kepdirjen 130/2020) be immediately carried out to institutionalize the Obligatory Will, accompanied by the DSN/MUI Fatwa to prevent the commercialization (tadāwul) of the hajj portion and ensure substantive justice for the heirs.

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

Family waqf is a classic instrument in Islamic economics that plays a crucial role in maintaining wealth sustainability and intergenerational well-being. However, its application in the context of modern law and economics still faces various challenges, such as overlap with Islamic inheritance law (farāʾiḍ), limited regulations, and weak governance. This article aims to systematically review the academic literature on the revival of the family waqf concept in the context of contemporary Islamic law, modern governance, and its potential contribution to wealth preservation. The approach used is a Systematic Literature Review (SLR) using the PRISMA method, covering studies from 2000–2025 from various sources indexed by Scopus, DOAJ, and Google Scholar. The results of the study indicate that regulatory modernization, integration with the Islamic financial system, and the implementation of technology-based governance are key factors in reviving the role of family waqf as an instrument of social justice and economic sustainability for the community.

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.

This study is based on the urgency of examining the inheritance rights of adopted children after their adoptive parents separate, examined from the perspective of Islamic law and positive regulations applicable in Indonesia. The main objective of this study is to analyze the legal status of adopted children and their inheritance rights after the adoptive parents' divorce based on both legal frameworks. The methodology used is a literature study by gathering information from various relevant references and regulations. The findings of this study indicate that under Islamic law, adopted children are not automatically entitled to inheritance, but can receive a gift, will, or mandatory will with a maximum limit of one-third of the adoptive parents' assets. Meanwhile, under Indonesian positive law, the inheritance rights of adopted children depend on the court's decision during the adoption process, and even though the adoptive parents have divorced, the inheritance rights remain recorded in accordance with the existing court decision. These findings reflect the need for legal certainty to protect the rights of adopted children and emphasize the importance of clear regulations to avoid inheritance conflicts after divorce. This study is expected to serve as a reference for policymakers and legal practitioners in addressing issues related to the inheritance rights of adopted children.