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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.  

This study discusses the concept of polygamy from the perspectives of Islamic law and positive law in Indonesia, focusing on the principles of justice and its impact on women and families. Polygamy is one of the issues in fiqh munakahat that continues to generate debate because it is considered closely related to patriarchal culture, gender inequality, and violence against women. This study aims to analyze the legal basis of polygamy in the Qur’an, the views of scholars of tafsir and fiqh regarding polygamy, as well as the regulation of polygamy in Indonesian legislation. This study employs a library research method with a normative-sociological approach. Data sources were obtained from books of tafsir, fiqh, hadith, Islamic legal literature, and laws and regulations related to marriage in Indonesia. The findings indicate that Islam permits polygamy under very strict conditions, particularly regarding the husband’s ability to act justly both materially and emotionally. However, justice in emotional aspects and affection is considered very difficult for ordinary people to achieve, as emphasized in Qur'an Surah An-Nisa verse 129. In Indonesian positive law, the primary principle of marriage is monogamy, while polygamy is only permitted under certain circumstances with administrative requirements and court approval. This study concludes that the practice of polygamy in the modern era should be understood contextually by considering aspects of public welfare (maslahah), the protection of women’s rights, family justice, and the primary objectives of Islamic law in establishing a harmonious family characterized by sakinah, mawaddah, and rahmah.             

Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.

Within the framework of Islamic family law (fiqh munakahat), the issue of nusyuz plays a significant role, as it is closely related to maintaining harmony and stability in the marital relationship. Generally, nusyuz is often defined as a form of a wife’s disobedience toward her husband. However, Islamic jurisprudence acknowledges that nusyuz can also be committed by a husband if he fails to fulfill the rights, responsibilities, and obligations he owes to his wife, in accordance with the principles of Sharia. This study aims to provide a comprehensive analysis of the concept of nusyuz in the context of family life, from the perspective of fiqh munakahat. The discussion covers the meaning and characteristics of nusyuz, its legal basis in Islamic sources, the factors contributing to its emergence, its various manifestations in married life, its implications for family relationships, and existing methods for addressing this issue. This study employs a literature review method supported by a descriptive qualitative approach, drawing on relevant literature from classical and contemporary Islamic legal sources. The results indicate that resolving issues of nusyuz should be approached through a gradual and constructive process, including counseling, dialogue, mediation, consultation, and reconciliation. These steps aim to restore mutual understanding and strengthen family unity. Therefore, raising awareness of each spouse’s rights and obligations is crucial to preventing nusyuz and creating a household filled with peace, love, mutual respect, and intimacy.

The impact of sighar marriage on the younger generation from the perspective of Islamic law, social, and psychological. The main problem raised is the practice of marriage without dowry which places women as objects of exchange, thus ignoring their rights and causing the invalidity of the contract according to a number of scholars. The purpose of this study is to analyze the social, legal, and religious consequences of sighar marriage and its implications on the formation of children's identity and family resilience. The research method uses a literature study with a normative-comparative approach, referring to classical fiqh literature, hadith, and contemporary academic studies that compare the views of the Shafi'i, Maliki, Hanbali, and Hanafi schools. The results of the study show that nikah syighar has an impact on the neglect of women's rights, the normalization of objectification, household instability, the crisis of children's identity, and the weakening of family institutions. In addition, this practice is contrary to maqasid al-shari'ah, thus undermining the sacred value of marriage as worship and a means of moral development. These findings underscore the need for Islamic family law regulation and education to protect the younger generation from the practice of illegal and harmful marriage.

This study analyzes the minimum age of marriage in Islamic jurisprudence and compares it with the positive law regulations in Indonesia and Malaysia. Using a normative legal method with comparative and conceptual approaches, the study draws on primary sources, including the Qur'an, hadith, Law Number 16 of 2019 on Marriage in Indonesia, and the Islamic Family Law (Federal Territories) Act 1984 in Malaysia. The analysis focuses on how Islamic legal principles concerning marriage eligibility are interpreted and incorporated into contemporary legal frameworks in both countries. The findings reveal that Islamic jurisprudence (fiqh) associates marital readiness with the concept of baligh (puberty) without prescribing a specific numerical age, whereas state law establishes fixed minimum age requirements to safeguard the rights and welfare of women and children. Indonesia sets the minimum marriage age at 19 years for both males and females, while Malaysia prescribes 18 years for males and 16 years for females, with judicial dispensation available in both jurisdictions under certain circumstances. These legal arrangements demonstrate each country's effort to harmonize classical Islamic jurisprudence with contemporary social protection objectives through institutional ijtihad, reflecting a balance between religious principles, legal certainty, and public welfare in regulating marriage.

D Dowry (mahar) is an obligation of a groom to his bride in Islamic marriage, symbolizing respect and responsibility. In the Buton community, mahar also develops as a customary tradition known as boka, which carries both symbolic and socio-cultural meanings. This study aims to analyze the concept of mahar according to the Shafi’i school of law and its implementation in Taduasa Village, South Buton Regency. This research uses a qualitative method with data collection techniques including interviews, documentation, and literature review. The findings show that mahar is viewed as a symbol of respect for women and is determined based on lineage and social status. According to the Shafi’i school, such practices are permissible as long as they are based on mutual agreement and do not burden the groom. However, excessively high dowry amounts in some cases may hinder marriage. This study concludes that the mahar tradition in Taduasa Village remains consistent with Shafi’i principles but should be adjusted to the Islamic values of ease and public welfare.

The fiqh principle stating that a leader’s policies and actions toward the people must be based on public welfare is an Islamic legal principle emphasizing that every action and policy of a leader should be oriented toward the interests and well-being of society. This study aims to examine the meaning, normative foundations, concepts, and implementation of this principle in state governance. The research employs a library research method with a normative approach through the analysis of the Qur’an, Hadith, fiqh literature, scholarly journals, and relevant legislation. The findings indicate that this principle has a strong foundation in the Qur’an and Hadith, particularly regarding trustworthiness, justice, and the responsibility of leaders toward their people. Conceptually, this principle is closely related to the theories of maqashid al-shari’ah and siyasah shar’iyyah, which place public welfare as the primary objective of Islamic law. In practice, the principle is applied in various fields, including public administration, law and legislation, religious policies, as well as economic and fiscal policies. Its implementation can be seen in policies concerning the prohibition of interfaith marriage, marriage dispensation, marriage legalization hearings (isbat), the suspension of Hajj departures during the COVID-19 pandemic, and the management of state finances during the era of the Rightly Guided Caliphs. Therefore, this principle demonstrates that Islamic law possesses flexible and adaptive characteristics while maintaining a strong orientation toward public welfare, making it relevant to modern systems of governance.

The development of digital media has transformed virtual public spaces into major arenas for shaping public opinion on religious issues, including Islamic law and sharia in Indonesia. Discussions surrounding sharia on social media are frequently accompanied by stigma and misperceptions influenced by media framing, digital algorithms, and identity polarization. This study aims to analyze the construction of stigma toward Islamic law in the digital era, identify forms of sharia misperception in the Indonesian public sphere, and explain factors contributing to the reproduction of such stigma. This research employs a qualitative approach based on an integrative literature review combined with digital media discourse analysis. Data were collected through scientific literature reviews, social media observations, and analysis of digital content related to sharia discourse. The findings reveal that sharia is often associated with violence, anti-democracy, restrictions on women’s rights, and opposition to modernity due to media simplification and emotionally driven digital content. In addition, low levels of religious digital literacy and the prevalence of echo chambers reinforce the spread of stigma toward Islamic law in virtual public spaces. This study emphasizes the importance of strengthening religious digital literacy and promoting moderate and inclusive Islamic narratives in contemporary digital society.

This study aims to analyze the process of internalizing legal values in the formation of a culture of law-abidingness by emphasizing the perspective of civic responsibility and the Islamic Sociological Jurisprudence Theory approach. The main problem studied is how legal values are not only understood normatively, but also internalized in the individual and collective consciousness of society, thus giving rise to sustainable law-abiding behavior. The research method used is a normative juridical approach with strengthening conceptual and sociological analysis of legal dynamics in society. The results show that the internalization of legal values is a multidimensional process involving cognitive, affective, and spiritual aspects, which are influenced by education, the social environment, role models, and the consistency of law enforcement. In the context of civic responsibility, a culture of law-abidingness is not only formal compliance with regulations, but also reflects moral awareness and active participation of citizens in maintaining social order. Meanwhile, Islamic Sociological Jurisprudence Theory offers an integrative paradigm that combines the normative dimensions of sharia with social reality, through a comparative approach of schools of thought, maqāṣid al-syarī‘ah, and an orientation toward the welfare of the people. This research emphasizes that the formation of an effective culture of law-abidingness requires a holistic and contextual approach, in which law is understood as a living and adaptive social instrument. Thus, the internalization of legal values based on civic responsibility and an Islamic sociological jurisprudence approach can encourage the realization of substantive justice, high legal awareness, and a civilized and sustainable social order.    

This study aims to analyze the integration of Pancasila values and Islamic Religious Education (PAI) in shaping digital ethics and to examine the development of digital law through the Islamic Sociological Jurisprudence Theory approach. This research employs a qualitative method with a literature study approach based on relevant academic sources and journals. The findings indicate that the integration of Pancasila and PAI serves as a comprehensive ethical foundation in shaping digital behavior by reinforcing moral, spiritual, and social values. Furthermore, digital law is understood as a product of the interaction between social and religious values, which is dynamic and adaptive to technological developments. The Islamic Sociological Jurisprudence Theory contributes to constructing a legal paradigm that is not only formal-legal but also contextual and oriented toward public welfare (maslahah). The ethical-based digital law development model integrating Pancasila and Islamic values is considered relevant in addressing contemporary digital challenges, such as misinformation, privacy violations, and cybercrime. However, this study also identifies limitations, particularly in the implementation aspect, which remains largely normative and has not been optimally integrated into concrete policies. Therefore, it is necessary to strengthen adaptive regulations, develop applicable digital ethics education, and conduct further empirical research to establish a just and sustainable digital legal system.

This study aims to examine the position of Pancasila as a grundnorm within the Indonesian constitutional system and the role of Islamic Religious Education as an ethical foundation in strengthening constitutional principles from the perspective of Islamic sociological legal theory. The methodology employed is a qualitative approach using library research, involving the analysis of various relevant literature sources. The findings indicate that Pancasila plays a fundamental role in the Indonesian legal system, serving as the highest norm in the hierarchy of laws, while also functioning as an ethical guideline in the life of the nation and the state. Islamic Religious Education plays a significant role in shaping the moral constitution through the understanding of values such as honesty, justice, responsibility, and trustworthiness, in line with the principles of Pancasila. The integration of Pancasila values and Islamic teachings, viewed through the lens of sociological law, demonstrates that effective law is not merely normative but also responsive to social realities. Therefore, Islamic sociological legal theory can strengthen the Indonesian constitutional system through the integration of normative, moral, and sociological values, resulting in a more responsive, just, and contextually relevant legal system.

The acceptance of family witnesses in divorce cases resulting from violations of taklik talak remains a subject of legal debate within the Indonesian Religious Courts. This debate arises from the normative tension between Article 145 of the Het Herziene Indonesisch Reglement (HIR), which restricts testimony from family members, and the need to uncover material truth in private domestic disputes, particularly in default judgments where the defendant fails to appear before the court. This study aims to analyze the legal basis underlying judges’ considerations in accepting family witnesses in divorce cases caused by violations of taklik talak, using Decision Number 32/Pdt.G/2017/PA.Pkl as a case study. The research employs a normative juridical approach with a descriptive-analytical method. Data were collected through library research and document analysis of relevant court decisions. The analysis links legal facts with procedural law in religious courts, the theory of rechtsvinding, and the concept of substantive justice. The findings indicate that the acceptance of family witnesses can be legally justified based on Article 76 of Law Number 7 of 1989 concerning Religious Courts as a lex specialis provision, the judges’ authority to conduct legal discovery under Law Number 48 of 2009 concerning Judicial Power, and principles of ushul fiqh and fiqhiyyah that support the realization of substantive justice. This study offers a reconstruction of the juridical legitimacy of family witness acceptance through the integration of positive law and Islamic law to strengthen legal certainty in religious court practices.

This study aims to analyze the influence of a halal lifestyle on consumer preferences in selecting Sharia-compliant retail products. The study employed a Systematic Literature Review method, reviewing various empirical and conceptual studies published between 2017 and 2025. The analysis focused on the relationship between halal awareness, religiosity, ethical consumption values, and Muslim consumer behavior in making choices about Sharia-compliant retail products and services. The results indicate that a halal lifestyle is viewed not only as a form of compliance with Islamic law but also as a social identity and a modern consumption pattern that influences consumer purchasing decisions. Consumers with high levels of halal awareness and religiosity tend to have a greater preference for Sharia-compliant retail products that guarantee halal certification, quality, transparency, and ethical values ​​in their business processes. Furthermore, trust, Islamic brand image, and marketing strategies based on Islamic values ​​contribute to strengthening consumer loyalty to Sharia-compliant retail. This research provides managerial implications for Sharia-compliant retail businesses to develop innovative, educational, and tailored marketing strategies to meet the halal lifestyle needs of modern Muslims.

The rapid development of financial technology (fintech) in the digital era presents both opportunities and challenges for the Islamic economic system. This study aims to analyze the concept of Islamic fintech, its role in digital economic transformation, and its legal review from the perspective of Islamic economic law (fiqh muamalah). Using a qualitative method with a normative juridical approach, this research examines various fintech models operating on sharia principles—including Islamic peer-to-peer (P2P) lending, digital Islamic crowdfunding, sharia payment gateways, and Islamic robo-advisory—and reviews their compliance with the principles of prohibition of riba (usury), gharar (excessive uncertainty), maysir (gambling), and the requirement of maslahah (public benefit). The results indicate that: (1) Islamic fintech represents a legitimate financial innovation insofar as it adheres to the principles of sharia; (2) the National Sharia Council–Indonesian Ulema Council (DSN-MUI) fatwas, particularly No. 117/DSN-MUI/II/2018 on Information Technology-Based Financing Services, provide a regulatory framework but require continuous updating to keep pace with technological developments; (3) Islamic fintech contributes significantly to financial inclusion, particularly for unbanked communities in Indonesia; and (4) challenges related to sharia compliance, data governance, and regulatory harmonization remain critical issues requiring the joint attention of regulators, sharia scholars, and technology practitioners. This study contributes to the development of Islamic economic law theory in the context of digital transformation and provides practical recommendations for Islamic fintech stakeholders.

The concept of naskh and mansukh is one of the most crucial methodological instruments in the discipline of Ushul Fiqh, serving to dissect the dynamics of Islamic law determination (tasyri') diachronically. This article aims to comprehensively analyze how the mechanism of naskh operates within the Al-Qur'an and Hadith and its juridical implications on the process of istinbath (deduction) of Islamic law. The urgency of this study lies in the fact that a flawed understanding of the abrogated verses can lead a mujtahid to establish laws that are juridically expired. Utilizing a qualitative-normative research method with a socio-historical approach, this article explores the classifications of naskh, ranging from the sharp debate over the Sunnah's authority to abrogate the Al-Qur'an to the fundamental differences between naskh, takhshish, and taqyid. The analysis also encompasses a comparative study of the views among the four major schools of thought (Hanafi, Maliki, Syafi'i, and Hanbali) in responding to conflicting evidences. The findings indicate that naskh is not an indication of inconsistency within Divine revelation, but rather a manifestation of the principles of tadarruj (gradualism) and taysir (facilitation) that accommodate the mental readiness of the community and the welfare of human beings. Practical implications of this concept are found in the evolution of laws concerning the direction of the qiblah, the iddah period, and the prohibition of khamr. Through a profound understanding of naskh, Islamic law demonstrates its elasticity in addressing contemporary challenges without losing its divine substance. In the modern era, this principle can be actualized in national legislative drafting through gradual regulatory methods.

The difference in the determination of when a divorce takes effect between Islamic law and statutory law raises issues in the judicial practice of the Sharia Court. In a number of cases, judges have issued a single bain sughra divorce even though, according to Sharia law, the husband has already issued three divorces. This raises issues regarding the validity of reconciliation and its legal implications for the status of the children. This study aims to analyze the differences in the concept of divorce, the reasons for the judges’ decisions, the validity of reconciliation, and the legal consequences for children in both legal systems. This study employs a mixed-methods approach (normative and empirical) using legislative, conceptual, and comparative frameworks. The analysis is conducted through comparative theory, legal certainty, maqāṣid al-syarī’ah, and child protection. The results indicate a fundamental difference between substantive validity in Islamic law and formal validity in positive law. The Sharia Court’s ruling on a single bain sughra divorce is based on procedural caution, yet it creates a dualism regarding the validity of reconciliation and the potential for legal uncertainty. Regarding children, positive law provides full recognition, while Islamic law continues to emphasize the caution regarding lineage but is oriented toward protecting the best interests of the child. This study offers an integrative approach by recognizing out-of-court divorce as a substantive legal fact to bridge legal certainty and justice.

This study analyzes the reconstruction of Human Rights (HR) in Indonesia through the integration of Pancasila values and Islamic Religious Education (IRE) within the framework of Islamic Sociological Jurisprudence. In the Indonesian context, human rights are not merely perceived as universal individual liberties, but are understood within broader philosophical, religious, and socio-cultural dimensions. Pancasila functions as the foundational framework that harmonizes individual rights with social responsibilities, while Islamic teachings provide normative and theological foundations through principles such as maqasid al-shari‘ah, justice (‘adl), and human dignity (karamah insaniyyah), as well as Qur’anic values of tolerance and moderation (tasamuh and wasatiyyah). This research adopts a qualitative method with a descriptive approach based on literature review, drawing upon various scholarly sources related to human rights, Islamic education, and sociological jurisprudence. The findings reveal that the integration of Pancasila and Islamic Religious Education generates a comprehensive understanding of human rights that is both normative and contextual. Moreover, empirical findings indicate that a deeper comprehension of Qur’anic teachings on tolerance is positively correlated with the development of moderate and inclusive attitudes, thereby highlighting the significant role of education in internalizing human rights values. Additionally, the historical transition from pre-Islamic (Jahiliyyah) society to the Islamic era demonstrates that Islamic teachings function as an agent of social transformation by promoting justice, equality, and the protection of marginalized groups. From the perspective of Islamic Sociological Jurisprudence, law is viewed as a dynamic system that must remain responsive to evolving social conditions, ensuring that the reconstruction of human rights remains relevant and adaptable. In conclusion, the synergy between Pancasila values, Islamic teachings, and sociological legal approaches contributes to the formation of a more inclusive, balanced, and culturally grounded human rights paradigm in Indonesia.

This study aims to analyze the relationship between legal compliance and the internalization of the constitution in strengthening the concept of the rule of law through a constitutional rights approach and the theory of Islamic Sociological Jurisprudence. The main issue addressed is the low level of legal compliance, which is often caused by a weak understanding and internalization of constitutional values in society. This research employs a normative juridical method with conceptual and sociological approaches, supported by an analysis of Islamic legal theory that emphasizes the interconnection between legal norms, social values, and morality. The findings indicate that legal compliance does not solely depend on formal law enforcement mechanisms, but also on the process of internalizing constitutional values as part of public legal awareness. The constitutional rights approach positions individuals as primary subjects who possess awareness of their rights and obligations, while the theory of Islamic Sociological Jurisprudence reinforces the moral and social dimensions in the formation of legal compliance. The integration of these two approaches can create a legal system that is not only normative in nature but also responsive to the social and religious values of society. Therefore, strengthening the rule of law requires a comprehensive strategy through legal education, the internalization of constitutional values, and the enhancement of moral awareness based on Islamic principles. This study is expected to contribute both theoretically and practically to the development of integrative and contextual legal studies in Indonesia.

The development of digital technology has encouraged the transformation of the financial sector through the emergence of Sharia financial technology (fintech) as a financial service based on Islamic principles that emphasize justice, transparency, and public benefit (maslahah). The presence of various Sharia fintech products such as Sharia peer-to-peer (P2P) lending, Sharia crowdfunding, Sharia E-wallets, and digital ZISWAF (zakat, infaq, alms, and waqf) services is considered capable of increasing financial inclusion in Indonesia, especially for unbanked communities and MSMEs that have limited access to formal financial services. This study aims to analyze the innovation of Sharia fintech products, their role in increasing financial inclusion, and their conformity with the perspective of Islamic Economic Law. This research uses a qualitative method with a library research approach through collecting data from scientific journals, DSN-MUI fatwas, OJK and Bank Indonesia regulations, as well as various literature related to Sharia fintech published within the last five years. The data analysis technique was carried out descriptively and analytically by examining the concepts, implementation, and regulations of Sharia fintech in Indonesia. The results of the study indicate that Sharia fintech has a strategic role in expanding public access to financial services through the digitalization of financing, payments, and Islamic social fund collection. In addition to increasing Islamic financial inclusion and literacy, Sharia fintech also helps reduce transaction costs, facilitate MSME financing access, and expand the distribution of financial services to remote areas. From a Sharia perspective, the operation of Sharia fintech must continue to adhere to DSN-MUI fatwas and maqashid sharia principles in order to avoid elements of riba, gharar, and maisir and to create justice and public benefit for society. Therefore, Sharia fintech has a great opportunity to support the development of an inclusive and sustainable Islamic digital economy in Indonesia, although strengthening regulations, Sharia supervision, public education, and product innovation based on community needs are still required.