JOURNAL OF ISLAMIC AND LAW STUDIES
https://jurnal.uin-antasari.ac.id/index.php/jils
<p>JOURNAL OF ISLAMIC AND LAW STUDIES (JILS)</p> <table cellspacing="0" cellpadding="0"> <tbody align="top"> <tr> <td>Journal Title</td> <td>: JOURNAL OF ISLAMIC AND LAW STUDIES (JILS)</td> </tr> <tr> <td>E-ISSN</td> <td> <div>: <a href="https://issn.brin.go.id/terbit/detail/1554012101">2656-8683</a></div> </td> </tr> <tr> <td>DOI Prefix</td> <td>: Prefix <a href="https://search.crossref.org/?q=2460-7606&from_ui=yes" target="_blank" rel="noopener">10.18592</a> by Crossref <img src="http://educasia.or.id/public/site/images/educasiasinta2/CROSREFF_Kecil2.png" alt="" /></td> </tr> <tr> <td>Editor in Chief</td> <td> <div>: <a>Anwar Hafidzi</a> (Scopus ID: 57215653628) </div> </td> </tr> <tr> <td>E-mail</td> <td>: [email protected] </td> </tr> <tr> <td>Publisher</td> <td>: Fakultas Syariah, <a href="https://www.uin-antasari.ac.id/" target="_blank" rel="noopener">Universitas Islam Negeri Antasari </a></td> </tr> <tr> <td>Frequency</td> <td>: 2 issues per year (June and December)</td> </tr> <tr> <td valign="top">Citation Analysis</td> <td> <div>: <a href="https://garuda.kemdikbud.go.id/journal/view/25739#!">Garuda</a>| <a href="https://scholar.google.co.id/citations?user=YH31L-IAAAAJ&hl=id&authuser=2">Google Scholar</a><a href="https://scholar.google.co.id/citations?user=YH31L-IAAAAJ&hl=id&authuser=2"> </a>|<a href="https://app.dimensions.ai/discover/publication?search_mode=content&and_facet_source_title=jour.1425070">Dimensions</a> |<a href="https://drive.google.com/file/d/19ibDcx68UNbFqD-WZvPynJvcTf2W-BFN/view?usp=drive_link">SINTA 5</a></div> </td> </tr> </tbody> </table> <p>The Journal of Islamic and Law Studies is a multi-disciplinary publication dedicated to the scholarly study of all aspects of science and of the Islamic in Indonesia. Particular attention is paid to works dealing with history geography political science economics anthropology sociology law literature religion philosophy international relations environmental and developmental issues as well as ethical questions related to scientific research. The Journal seeks to place Islam and the Islamic tradition as its central focus of academic inquiry and to encourage comprehensive consideration of its many facets; to provide a forum for the study of Islam and Muslim societies in their global context; to encourage interdisciplinary studies of the Islamic world that are crossnational and comparative; to promote the diffusion exchange and discussion of research findings; and to encourage interaction among academics from various traditions of learning.</p> <p><a href="https://drive.google.com/file/d/19ibDcx68UNbFqD-WZvPynJvcTf2W-BFN/view?usp=drive_link"><strong>SINTA 5 (163_ Salinan 177_E_KPT_2024) </strong> <strong>by the Ministry of Research, Technology, and Higher Education of the Republic of Indonesia.</strong> </a></p>Fakultas Syariah UIN Antasarien-USJOURNAL OF ISLAMIC AND LAW STUDIES2656-8683<p>Authors who publish with this journal agree to the following terms:<br /><br /></p><ul><li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a href="https://creativecommons.org/licenses/by/4.0/" target="_blank">Creative Commons Attribution License</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li></ul><ul><li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li></ul><ul><li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</li></ul>The Practice of Muhallil Marriage as a Legal Loophole in The Enforcement of Islamic Family Law in Indonesia
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/18079
<p><em>Marital conflicts may lead to divorce, and after a third talaq, reconciliation is only lawful through nikah muhallil. Although valid if meeting legal requirements, the Prophet Muhammad (PBUH) condemned this practice when done merely to allow remarriage with a former husband, as it opposes the true purpose of marriage. This normative juridical study analyzes Indonesian Islamic family law enforcement concerning nikah muhallil using statutory and ushul fiqh approaches. Findings reveal that while Al-Baqarah 2:230 is often cited to justify nikah muhallil, its misuse legitimizes contractual marriages that undermine women’s dignity and the noble aims of marriage (maqashid al-nikah). Currently, Indonesian law does not explicitly regulate this practice. Existing laws—such as the Marriage Law and the Compilation of Islamic Law (KHI)—stress marriage’s goal of building a lasting, harmonious family. However, due to legal gaps, nikah muhallil still occurs in areas like Padarincang, Kampar, and Muko Muko Bathin VII. Therefore, reformulating the KHI to explicitly prohibit nikah muhallil and strengthening premarital education are essential to preserve the sanctity and justice of marriage.</em></p>Kristiani Virgi Kusuma PutriHilda Rahmatul JannahNiken Retno WulandariMoch. Ahsin MaulanaRegina Farah Setiawan
Copyright (c) 2025 Kristiani Virgi Kusuma Putri, Hilda Rahmatul Jannah, Niken Retno Wulandari, Moch. Ahsin Maulana, Regina Farah Setiawan
http://creativecommons.org/licenses/by-nc/4.0
2025-08-212025-08-219320421810.18592/jils.v9i3.18079Legal Protection For Foreign Climbers in Mountain Conservation Areas: A Comparative Study of Indonesia and Several Countries
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/18071
<p><em>The case of the death of a foreign tourist from Brazil on Mount Rinjani Indonesia is a concern considering that the mountain that is a tourist destination is a Conservation Area. Indonesian citizens and Brazilian citizens give each other opinions regarding the security provided by the Indonesian Government to protect foreign tourists. This study analyzes and compares how the legal protection framework for foreign climbers in Indonesia's mountainous conservation areas with several other countries. The main objective is to identify best practices and recommend things that are considered necessary in Indonesia. The research method used was normative research with a comparative legal approach, by choosing Mount Rinjani in Indonesia as the main case study, Mount Kinabalu (Malaysia), Mount Fuji (Japan), and Mount Cook (New Zealand) as comparisons. The results of the study show that although Indonesia has an indirect legal basis that can be used as legal protection for foreign citizen climbers, the provisions of guide and insurance obligations in Indonesia have not been integrated, to show a more proactive approach in risk mitigation and financial handling of accidents. This study recommends the refinement of guide regulations and a clearer role of insurance to improve the legal protection of foreign climbers in Indonesia.</em></p>Novy Listiana
Copyright (c) 2025 Novy Listiana
http://creativecommons.org/licenses/by-nc/4.0
2025-08-212025-08-219316718110.18592/jils.v9i3.18071The Authority Of Notaries In Making Prenuptial Agreement Deeds: A Study Of The Dimensions Of Professional Ethics
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/18069
<p><em>A prenuptial agreement is an important legal instrument to protect property rights in marriage, the making of which requires an authentic deed by a Notary. This authority is regulated in UUJN and Marriage Law, and requires compliance with professional ethics. This study aims to examine the authority of Notary and the application of professional ethics in the making of the deed. Using normative legal research methods, this study highlights the role of Notary as not only a deed maker, but also a guardian of the principles of justice, free will and impartiality. It is found that the practice in the field often faces ethical challenges such as inequality of bargaining position and potential conflict of interest. Therefore, ethical capacity building, strict due diligence, and strong professional supervision are needed to maintain the legal and moral legitimacy of deeds.</em></p>Ahmad Mubarak
Copyright (c) 2025 Ahmad Mubarak
http://creativecommons.org/licenses/by-nc/4.0
2025-08-212025-08-219314715610.18592/jils.v9i3.18069Convergence and Divergence of Same-Sex Marriage Policies (A Comparative Study of Constitutional and Administration Law in Three Core Countries of the European Union)
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/18081
<p><em>Same-sex marriage has become one of the most prominent legal and social issues in recent decades, particularly within the European Union, which upholds the principles of non-discrimination and social integration. The Netherlands, France and Germany three core EU member states have all legalized same-sex marriage, yet each through different legal and policy trajectories. This article aims to examine the convergence and divergence of same-sex marriage policies in these countries through a constitutional and administrative law approach. Using a normative juridical method and comparative legal analysis, the study explores how domestic legal frameworks and sociopolitical dynamics shape the regulation of same-sex marriage. The findings indicate that although all three countries now recognize same-sex couples equally under the law, their legislative pathways, earlier forms of legal partnerships (such as registered partnerships and PACS) and their responses to social challenges such as discrimination reflect the distinct legal cultures and constitutional settings of each country. This shows that similar legal outcomes do not always emerge from identical processes, and that local factors continue to play a significant role in shaping legal policy, even in matters of global relevance like same-sex marriage.</em></p>Malinda Hafizaturrizqo AmaniaNur Syifa Yazidi
Copyright (c) 2025 Malinda Hafizaturrizqo Amania, Nur Syifa Yazidi
http://creativecommons.org/licenses/by-nc/4.0
2025-08-212025-08-219321923810.18592/jils.v9i3.18081Problems Of Copyright Protection For Artificial Intelligence (AI) Works: A Study Of Legal Voids In Viral Cases Of Digital Creators
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/18074
<p><em>Advances in artificial intelligence (AI) technology, particularly generative AI, have produced digital works that resemble human creations. However, Law Number 28 of 2014 on Copyright does not expressly regulate the legal status of AI-generated works or human contributions through prompts, resulting in a legal voids. This research examines the problem of copyright protection for AI-produced works from the perspective of Indonesian law. The discussion focuses on the legal status of prompts as expressions of ideas, the role of creators within the current legal framework, and the urgency of reforming the Copyright Law to face digital era challenges. This urgency is underscored by the growing number of cases involving unauthorized commercial use of AI works, such as the viral case between independent creator Noxxa and game company Garena. This study employs a qualitative approach using a normative juridical method, analyzing relevant laws in Indonesia and several other countries. The findings indicate that although AI-generated works are not directly protected, human contributions through original prompts can fulfill the requirement of originality and deserve copyright protection. Therefore, legal reform is needed to accommodate technological developments and ensure fair, proportional protection for works involving AI.</em></p>Anisa AnisaSya’baniatie Ninda Septia
Copyright (c) 2025 Anisa Anisa, Sya’baniatie Ninda Septia
http://creativecommons.org/licenses/by-nc/4.0
2025-08-212025-08-219318219010.18592/jils.v9i3.18074 Istinbat Law of Ru'yah al-Hilāl of The PBNU Falakiyah Institute (Study on The Cancellation of Istikmal In The Month Of Jumadil Awal 1438 H/2017 M)
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/18070
<p><em>Determination of the beginning of the month of Jumadil Akhir 1438 H, the position of the hilal based on hisab at an altitude of 7˚08' - 8˚51'in Indonesia no one managed to see the hilal. Therefore, the beginning of Jumadil Akhir 1438 H was decided on March 1, 2017 on the basis of ikmal / istikmal. On Tuesday, March 28, 2017, there was a rukyat report in Pelabuhan Ratu of the hilal at 3˚27' and in Condrodipo Gresik, at 3˚17' there was a person who saw the hilal and his report was accepted, resulting in the istikmal of the month of Jumadil Awal being canceled. The purpose of this study is to reveal the legal istinbāṭ of the cancellation of ikmal / istikmal in the month of Jumadil Awal 1438 AH / 2017 AD. This research uses a library research method which is included in the qualitative type with an evaluative descriptive approach, which means that the author seeks to reveal and understand the implementation of ru'yah al-hilal in the perspective of the PBNU LF in the case of a Study on the Cancellation of Istikmal in the Month of Jumadil Awal 1438 H / 2017 AD). The conclusion of the legal istinbāṭ used and referred to by the PBNU LF is through the results of the NU XXXIV Congress in Lampung. Contradictions between material and formal provisions in the Hijri calendar can also occur. In order to unravel the problem of contradictions in the lunar calendar, the LF PBNU uses the al-Tarjih method as a solution.</em></p>Iqnaul Umam AshidiqiM. Adib Abdul Haq
Copyright (c) 2025 Iqnaul Umam Ashidiqi, M. Adib Abdul Haq
http://creativecommons.org/licenses/by-nc/4.0
2025-08-212025-08-219315716610.18592/jils.v9i3.18070Nikah Misyar Perspective Of Women And Child Protection Law
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/18006
<p><em>Marriage in Islam is conceived as a mitsaqan ghalizha (a solemn covenant) intended to establish a harmonious family characterized by sakinah (tranquility), mawaddah (love), and rahmah (compassion). However, contemporary social dynamics have introduced alternative marriage practices, one of which is Nikah Misyar. In this arrangement, typically the wife voluntarily waives certain rights such as financial maintenance, housing, or a turn in polygamy. While often motivated by professional obligations, geographical separation, or social considerations, this practice has raised concerns for its potential to undermine women’s and children’s rights as well as broader moral and social values. </em><em>This study adopts a qualitative method with a normative and descriptive-analytical approach to examine Nikah Misyar from the perspective of Indonesian law on the protection of women and children, alongside its social and psychological implications. The findings reveal that although Nikah Misyar may be valid under Islamic law if the essential pillars and conditions are met and properly registered, it risks contravening legal principles of protection. In particular, women’s and children’s rights to maintenance and custody are highly vulnerable, as the voluntary waiver of such rights lacks a strong legal mechanism for future enforcement.</em></p>Mariani Mariani
Copyright (c) 2025 Mariani Mariani
http://creativecommons.org/licenses/by-nc/4.0
2025-08-212025-08-219319120310.18592/jils.v9i3.18006