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>en-US<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>[email protected] (Dr. H. Anwar Hafidzi, Lc., MA)[email protected] (Arie Sulistyoko)Thu, 24 Jul 2025 00:08:43 +0000OJS 3.2.1.4http://blogs.law.harvard.edu/tech/rss60Legal Implications of Interfaith Marriage on Inheritance Rights and Child Status in the Perspective of Islamic Law and Civil Law
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17816
<p><em>Interfaith marriage remains a controversial issue within Indonesia's pluralistic legal system, which recognizes both religious and civil legal frameworks. This paper examines the legal implications of interfaith marriage concerning inheritance rights and the legal status of children from the perspectives of Islamic law and civil law. Employing a normative legal research method and a literature-based approach, the study analyzes statutory regulations, judicial decisions, and legal doctrines relevant to the rights of interfaith families. The findings reveal that in Islamic law, religious differences serve as a barrier to inheritance and affect the legitimacy of the child’s legal status. In contrast, civil law provides broader protection, recognizing inheritance rights and child status without religious discrimination. Although legal reconciliation efforts—such as the doctrine of wasiat wajibah (compulsory bequest) and recognition of biological paternity—offer partial solutions, the lack of regulatory harmony continues to produce uncertainty and legal challenges. Therefore, harmonizing existing regulations is essential to ensure justice and legal certainty for interfaith families in Indonesia.</em></p>Shalihah Shalihah , Nadia Rif’atul Karima , M. Fahmi Al Amruzi
Copyright (c) 2025 Shalihah Shalihah , Nadia Rif’atul Karima , M. Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17816Wed, 23 Jul 2025 00:00:00 +0000Elements of Islamic Law in Traditional Banjar Marriage "Jujuran" Viewed from a Historical Perspective
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17836
<p><em>This study examines the jujuran tradition in Banjar society, a cultural practice where the groom's family provides monetary or material gifts to the bride's family during marriage rituals. Rooted in pre-Islamic customs, jujuran persists due to its alignment with Islamic principles when practiced as a cultural tradition. Using qualitative methods, including literature review and field observations, the study highlights jujuran as a symbol of respect, wedding support, and social prestige, distinct from mahr in Islamic law. The findings underscore the significance of jujuran in fostering family bonds and preserving cultural identity amidst modern social dynamics.</em></p>Rusdiyah Rusdiyah, Muhammad Afwan Jazila, Karunia Imam Firdausi, Muhammad Azmi, Muhammad Fahmi Ilmi
Copyright (c) 2025 Rusdiyah Rusdiyah, Muhammad Afwan Jazila, Karunia Imam Firdausi, Muhammad Azmi, Muhammad Fahmi Ilmi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17836Wed, 23 Jul 2025 00:00:00 +0000Maqasid Syariah in the Judge's Decision on the Divorce Case at the Amuntai Religious Court
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17814
<p><em>Marriage in Islam is a sacred institution aimed at establishing a family life characterized by </em><em>sakinah</em><em> (tranquility), </em><em>mawaddah</em><em> (affection), and </em><em>rahmah</em><em> (compassion). However, not all marriages fulfill these ideals, and divorce often becomes the last resort, including divorce petitions initiated by the wife (</em><em>cerai gugat</em><em>). This study aims to analyze the legal considerations of judges in divorce petition cases at the Amuntai Religious Court using a </em><em>Maqāṣid al-Sharī‘ah</em><em> approach. This research employs a descriptive-qualitative method based on document analysis, specifically focusing on Decision No. 114/Pdt.G/2023/PA.Amt. The </em><em>Maqāṣid al-Sharī‘ah</em><em> framework applied includes five essential aspects: the protection of religion (</em><em>ḥifẓ al-dīn</em><em>), life (</em><em>ḥifẓ al-nafs</em><em>), intellect (</em><em>ḥifẓ al-‘aql</em><em>), lineage (</em><em>ḥifẓ al-nasl</em><em>), and wealth </em>(<em>ḥifẓ al-māl</em><em>). The findings reveal that the judge prioritized principles of public interest (</em><em>maṣlaḥah</em><em>), particularly </em><em>ḥifẓ al-nafs</em> <em>and</em><em> ḥifẓ al-nasl</em><em>, in addressing a marital relationship marked by verbal abuse, ambiguity regarding the status of divorce, and the protection of children's lineage from a marriage that was not renewed through a valid contract. Although the petitioner believed that a triple divorce (</em><em>ṭalāq thalāth</em><em>) had occurred, the judge ruled only a single </em><em>bain sughra</em><em> divorce due to the absence of formal legal evidence. This divergence highlights the judge’s prudence in avoiding greater harm (</em><em>maḍarat</em><em>). The study underscores that </em><em>Maqāṣid al-Sharī‘ah</em> <em>can serve as an evaluative framework for resolving divorce petition cases in a manner that is just, contextual, and responsive to vulnerable parties-particularly women and children.</em></p>Lailatus Shofa
Copyright (c) 2025 Lailatus Shofa
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17814Wed, 23 Jul 2025 00:00:00 +0000Gender Analysis of Iddah and Ihdad as Instruments of Justice-Oriented Islamic Social Education
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17834
<p>This study aims to analyze the Islamic concepts of iddah (waiting period) and ihdad (mourning period) using a gender approach within the framework of Islamic social education. The central focus of the research is to explore how legal provisions related to a woman’s waiting period after divorce or the death of her husband can be interpreted more justly, reflectively, and educationally. The research subjects include Qur’anic verses and hadiths related to iddah and ihdad, as well as the works of contemporary Muslim scholars who advocate for gender justice in Islamic thought. This qualitative research employs a library research method with descriptive-critical analysis techniques, drawing on primary sources such as classical tafsir, Islamic jurisprudence (fiqh), and hadith collections, alongside contemporary academic literature and gender-focused Islamic scholarship. The findings reveal that iddah and ihdad are not merely normative legal constructs, but also contain rich educational and social values such as protection, emotional reflection, respect for marital bonds, and social responsibility toward women. The gender approach offers a progressive interpretive lens that recontextualizes these laws to promote relational justice and ethical equilibrium. This study recommends that Islamic education should incorporate gender-sensitive interpretations of fiqh in order to cultivate a more humane, contextual, and transformative understanding of Islamic law. This study offers a novel synthesis of gender-sensitive hermeneutics and Islamic social education, shedding new light on the ethical and educational dimensions of women’s post-marital rights in Islam.</p>Lailatul Hidayati, Mukhlas Habibi
Copyright (c) 2025 Lailatul Hidayati, Mukhlas Habibi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17834Wed, 23 Jul 2025 00:00:00 +0000Recognition of Foreign Divorce Decisions in Indonesia: A Comparative Study of the Principles of Lex Loci Celebrationis and Lex Fori (A Study of How Foreign Divorce Decisions Can Be Recognized in Indonesia and the Legal Obstacles)
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17828
<p><em>As more and more individuals enter into marriages with foreign nationals, various legal issues arise, especially when a divorce occurs abroad. In Indonesia, divorce decisions made by foreign courts do not take effect immediately. There are provisions that require the decision to be recognized first by the courts in Indonesia through a process called execution. This article discusses the steps for a foreign divorce decree to be recognized in Indonesia by comparing two legal principles, namely lex loci celebrationis (the law of the place where the marriage took place) and lex fori (the law of the country where the court is located). From the analysis conducted, it appears that Indonesia mostly refers to the lex fori principle, which makes Indonesian law the main reference. However, there are several obstacles faced, such as the lack of legal cooperation between countries, differences in regulations, and conditions that may be difficult to fulfill by foreign judgments. This research recommends that Indonesia establish stricter regulations and strengthen international legal cooperation to provide legal certainty for those who experience cross-border divorce. </em></p> <p> </p>Luvia Wahid, Muhammad Jamaludin Faiz, M. Fahmi Al Amruzi
Copyright (c) 2025 Luvia Wahid, Muhammad Jamaludin Faiz, M. Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17828Wed, 23 Jul 2025 00:00:00 +0000Rethinking Hadhanah: Child Labor and Custodial Crisis in Banjarmasin’s Islamic Legal Response
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17852
<p><em>The prevalence of child labor in Banjarmasin has significantly disrupted established interpretations of hadhanah under Islamic family law, exposing a complex intersection of doctrinal mandates, cultural expectations, and economic hardship. This study explored the extent to which child labor reconfigures custodial responsibilities and how local moral governance informs the ethical realignment of hadhanah within Banjarmasin’s socio-legal framework. Fieldwork was carried out in both urban and peri-urban settings across Banjarmasin, South Kalimantan, Indonesia, where child labor is not only widespread but often socially legitimized. Employing a qualitative methodology, the research gathered data through in-depth interviews, direct observations, and document review conducted between March and July 2025. Participants included working children, their families, religious authorities, community leaders, and judges from Islamic family courts. Data were interpreted using Creswell’s tripartite process of reduction, display, and verification. The findings demonstrate that economic pressures have redefined hadhanah, positioning children as economic actors in contexts traditionally defined by adult custodianship. In response, local actors mobilized culturally embedded ethical frameworks and religious values to resolve custody-related tensions, often compensating for inadequate formal legal interventions. The study concludes that hadhanah is undergoing a locally negotiated transformation, revealing the dynamic adaptability of Islamic legal norms and highlighting the potential for incorporating community-based ethics into state custodial practices.</em></p>Syahrida Syahrida, Nur Wakhidah , Budi Suryadi, Muhammad Nazir
Copyright (c) 2025 Syahrida Syahrida, Nur Wakhidah , Budi Suryadi, Muhammad Nazir
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17852Wed, 23 Jul 2025 00:00:00 +0000Same-Sex Marriage: A Comparative Study of Indonesian, Netherlands, And American Legal Regulations and Their Socio-Legal Implications
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17826
<p><em>This research originates from the increasing global attention and public debate regarding same-sex marriage, which has sparked widespread controversy across various societies. The study seeks to provide a comparative analysis of the legal regulations on same-sex marriage in Indonesia, the Netherlands, and the United States, examining both their legal frameworks and the broader social implications that arise from them. Utilizing normative, comparative, and conceptual methodologies, the research investigates how each country approaches the issue based on its cultural norms, religious values, and constitutional commitments. In Indonesia, same-sex marriage remains unrecognized and is firmly rejected. The prevailing cultural and moral narratives in Indonesia reinforce the perception that marriage must be between a man and a woman, in accordance with religious teachings and traditional family structures. On the other hand, both the Netherlands and the United States have embraced stance by legalizing same-sex marriage. These countries view the issue through the lens of individual rights, equality before the law, and the protection of civil liberties. Their legal systems recognize same-sex unions as a fundamental expression of human dignity and freedom, aligning with broader commitments to human rights. The contrast between these legal approaches underscores how legal systems are profoundly shaped by a country's social context, ideology, and historical development. Therefore, the study highlights the importance of cultural relativism in law, emphasizing that legal interpretations and norms must be understood within the specific cultural and ideological contexts in which they exist. </em></p>Muhammad Ridho Rahman, Muhammad Rizani, M. Fahmi Al Amruzi
Copyright (c) 2025 Muhammad Ridho Rahman, Muhammad Rizani, M. Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17826Wed, 23 Jul 2025 00:00:00 +0000Islamic Law in the Marriage Tradition Banjar Community
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17804
<p><em>This paper was written to study the marriage traditions that exist in Banjar society, then to photograph and study them with Islamic law, especially in the field of marriage law. The results of the study show the existence of marriage traditions in the Banjar community which begin with finding and determining prospective brides and grooms with basasuluh and continued with badatang. Then continued with the tradition of bapayuan and bapatut Jujuran in determining the marriage and then bapatut Jujuran is carried out in determining what and how much the marriage dowry is. After that it is continued with maantar Jujuran and the marriage contract which was previously started with the tradition of manurunakan and maarak the groom to the place of the marriage contract and wedding reception and continued with the tradition of the bridegroom Batatai. These traditions are very much in accordance with the concept of Islamic law; the tradition of basasuluh is in accordance with the concept of ta'aruf, badatang with the concept of khitbah, the tradition of bapayuan and bapatut Jujuran is very much in line with the concept of easy and cheap dowry so as not to hinder marriage. The tradition of maantar Jujuran and the marriage contract is to ensure the existence of a dowry and the amount of dowry given and stated in the marriage contract, while the tradition of manurunakan and maarak the groom and the tradition of the bride and groom are in order to ensure the validity of the marriage that can be witnessed and assessed by the wider community that the bride and groom are not included among those who are hindered and prohibited from marriage.</em></p>M. Fahmi Al Amruzi
Copyright (c) 2025 M. Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17804Wed, 23 Jul 2025 00:00:00 +0000OPTIMIZATION OF WASTE BANK AND MAGGOT CULTIVATION AS A SOLUTION TO ENVIRONMENTAL CONSERVATION BASED ON THE PRINCIPLE OF HIFDZUL BI'AH
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17850
<p>The phenomenon of environmental degradation is increasingly alarming, characterized by high pollution and poor waste management. In Indonesia, more than 65 million tons of waste are generated every year, most of which have not been managed properly. Environmental conservation concepts, such as Waste Bank and maggot cultivation, can be a solution. Waste Bank manages recycled waste, while Black Soldier Fly (BSF) maggot decomposes organic waste, produces fertilizer, and reduces waste volume. The principle of hifdzul bi'ah in Islam supports this effort to maintain the balance of nature and improve the quality of life. This research uses a qualitative method that is a literature study. After being analyzed through the study of relevant literature, the author then classifies based on the subtitles contained in the discussion points. The results of this study show that the application of the principle of hifdzul bi'ah in the management of Waste Bank and maggot cultivation can be seen from the community's efforts by establishing Waste Bank, the community practices waste sorting as a form of concern for the environment in accordance with the values of hifdzul bi'ah. Similarly, the use of maggot in decomposing organic waste is not only a practical solution, but also reflects awareness of the importance of managing waste without damaging the ecosystem. This synergy has a positive impact on the environment, such as reducing waste to landfill, reducing pollution, and reducing methane emissions from organic waste.</p>Ahmad Rizkhan Nurullah, Zainul Abidin, Novia Ramadhan
Copyright (c) 2025 Ahmad Rizkhan Nurullah, Zainul Abidin, Novia Ramadhan
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17850Wed, 23 Jul 2025 00:00:00 +0000Legal Considerations of Marriage Dispensation Cases For Couples That Lead to Divorce
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17824
<p><em>Dispensation of marriage by the court is an attempt to assess the suitability and readiness of couples who are not old enough to marry. However, it turns out that the couple who married under dispensation of marriage later divorced in the same court. This phenomenon shows that there are substantive problems in judicial practice that are interesting to research with the aim of examining the legal facts / reasons for determining marriage dispensation which then divorced in the same court. By using a normative legal method with a case approach, which is based on an analysis of a copy of the marriage dispensation determination and the Religious Court's divorce decision against the same couple as the primary legal material. The results showed that there were similarities in the legal considerations put forward by judges in several marriage dispensation decisions, which indicated the use of a pattern of case handling that tended to be uniform without considering the specific conditions of each case revealed in the posit. This led to a mismatch between the legal considerations and the concrete reality of the litigants. This finding shows the inconsistency and shallowness of juridical considerations, especially in determining the existence of very urgent reasons as the basis for the feasibility of granting marriage dispensation, which had an impact on the unsettled household of the young couple and led to the filing of a case that ended with the issuance of a divorce verdict. In fact, judges should be selective, based on benefit in assessing the reasons for filing a marriage dispensation application because this assessment is the last resort to maintain the continuity of the household, so that it does not lead to divorce.</em></p>Yusna Zaidah, Hatimul Husna, Ahmad Mubarak
Copyright (c) 2025 Yusna Zaidah, Hatimul Husna, Ahmad Mubarak
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17824Wed, 23 Jul 2025 00:00:00 +0000Determination Of Applicable Law In Mixed Marriages : Analysis Of The Principle Of Choice Of Law In The Indonesian Legal System ( A Study Of How Indonesian Law Determines The Applicable Jurisdiction In Mixed Marriages Based On Law No.1 Of 1974 And Internat
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17848
<p>This study analyzes the applicable law in mixed marriages in Indonesia, focusing on choice of law principles in national and international law. Using normative juridical methods, it examines jurisdictional issues under Law No. 1/1974 and international law, finding that lex loci celebrationis and parties' national laws determine validity. The study highlights the need for legal harmonization to ensure protection and justice.</p>Abdurahman Abdurahman, Abdul Basit, M. Fahmi Al Amruzi
Copyright (c) 2025 Abdurahman Abdurahman, Abdul Basit, M. Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17848Wed, 23 Jul 2025 00:00:00 +0000Comparison of Principles of Gender Equality in Burgerlijk Wetboek and Marriage Law Regarding the Rights and Obligations of Husband Wife
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17822
<p><em>This study examines and compares the principle of gender equality in the regulation of spousal rights and obligations as stipulated in the Burgerlijk Wetboek (Indonesian Civil Code) and Law Number 1 of 1974 on Marriage. The research applies a normative legal method with qualitative analysis. The findings indicate that the Civil Code reflects a patriarchal legal construction that places the husband as the dominant head of the family, while the wife occupies a subordinate position. In contrast, the Marriage Law embodies the spirit of family law reform in Indonesia by recognizing equal rights and status between husband and wife, although it still contains elements of traditional gender role bias. The amendment through Law Number 16 of 2019, which equalizes the minimum age for marriage, serves as an indicator of progress toward achieving gender justice. However, the implementation of these equality norms continues to face challenges from entrenched patriarchal cultural values in society. This study concludes that more substantive legal reform and social transformation are essential to realize a just and equal marital relationship.</em></p>Elitta Yoandini, Siti Sarah, M. Fahmi Al Amruzi
Copyright (c) 2025 Elitta Yoandini, Siti Sarah, M. Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17822Wed, 23 Jul 2025 00:00:00 +0000Legal Conflict In Marriage Registration: Between Compliance With Regulations And Practices In Society (Analysis Of Unregistered Marriage Cases Based On The Perspective Of Law No. 1 Of 1974 And The Compilation Of Islamic Law)
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17846
<p>Marriage is a sacred union desired by every married couple to build a household and have descendants. According to Article 2 paragraph 2 of Law Number 1 of 1974, a marriage is legally valid only when registered. This research analyzes the perspectives of Law Number 1 of 1974 and the Compilation of Islamic Law on unregistered marriages and their legal consequences using a library research and qualitative-statute approach.</p>Muhammad Adhitya Firdaus, Muhammad Sholeh Zuhdi Irfandi, M. Fahmi Al Amruzi
Copyright (c) 2025 Muhammad Adhitya Firdaus, Muhammad Sholeh Zuhdi Irfandi, M. Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17846Wed, 23 Jul 2025 00:00:00 +0000Dynamics of Mixed Marriages: Analysis of Legal Choices, Divorce Recognition, and Implications For Children's Status in Indonesia
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17819
<p><em>Cross-border marriages are increasingly common in the era of globalization, yet they introduce legal complexities, particularly concerning choice of law, recognition of divorce, and the status of children. Key issues that frequently arise include differences in legal systems between countries, inconsistencies in determining applicable law, challenges in recognizing foreign divorce decrees in Indonesia, and legal complications related to citizenship and child custody. This research aims to analyze the principles of choice of law, the mechanisms for divorce recognition, and their implications for the legal status of children post-divorce in cross-border marriages. This study employs a normative legal method with a statutory and conceptual approach. Primary data is sourced from Law Number 1 of 1974 concerning Marriage, Law Number 12 of 2006 concerning Citizenship, Law Number 7 of 1989 concerning Religious Courts, and Algemene Bepalingen (AB). Secondary data includes references from International Private Law, journals, and articles. Data was collected through literature review and analyzed descriptively-analytically. The research findings indicate that Indonesia adopts the principles of lex loci celebrationis, lex domicilii, and lex patriae in the choice of law for cross-border marriages, with an emphasis on Article 56 of the Marriage Law and the obligation of registration. The recognition of foreign divorces is not automatically valid in Indonesia; therefore, divorces generally must be settled through Indonesian courts based on Article 73 paragraph (3) of the Religious Courts Law and Article 18 AB. The legal status of children is highly complex due to legal vacuums in the Marriage Law regarding mixed marriages, as well as the application of the ius sanguinis principle which potentially causes children to lose Indonesian citizenship or face legalization difficulties, in addition to custody and administrative issues. Therefore, more adaptive and comprehensive legislation is urgently needed to protect the best interests of children in cross-border marriages.</em></p>Noor Sipa Maulida, M. Fahmi Al Amruzi, Anwar Hafidzi
Copyright (c) 2025 Noor Sipa Maulida, M. Fahmi Al Amruzi, Anwar Hafidzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17819Wed, 23 Jul 2025 00:00:00 +0000ANALYSIS OF THE CONCEPT OF UJRAH ON THE HABIT OF EXCHANGING MONEY BEFORE EID AL-FITR IN BANJAR SOCIETY FROM THE PERSPECTIVE OF HIZFH AL-MAL
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17843
<p>The custom of the Banjar people when approaching Eid al-Fitr is to exchange money, this habit aims to break one large denomination of money into several small denominations to brokers, and in paying for this service brokers usually set a tariff of 10%-20% depending on the nominal as a form of ujrah. The method used in this research is descriptive normative law with a qualitative approach in analysing the concept of money exchange ujrah in Banjar society in the perspective of Hizfh al-mal. The results of this study indicate that the habit of exchanging money in the Banjar community can facilitate the community and shorten the time in its activities, compared to exchanging money at an official bank. The service fee set by brokers or sellers is relevant to the concept of ujrah sharia and does not contradict one of the focussed maqasid sharia, namely hifz al-mal.</p>Ahmad Reysa Fateya Rahman, Kuratulaini Kuratulaini, Laily Syahrida
Copyright (c) 2025 Ahmad Reysa Fateya Rahman, Kuratulaini Kuratulaini, Laily Syahrida
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17843Wed, 23 Jul 2025 00:00:00 +0000Women Protection Policy in the Concept of Syibhul ‘iddah in Indonesian Marriage Law
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17817
<p><em>In general, the idah period is an obligation for women, not men. However, the Circular Letter of the Director General of Islamic Community Guidance Number P-005/DJ. III/HK.00.7/10/2021 concerning Marriage in the Period of Wife Idah contains a signal that men must also wait until the end of their ex-wife's Idah period, as if they are also subject to the same waiting period as women. This research aims to analyze the legal basis of these provisions through the perspective of the Compilation of Islamic Law (KHI) and the concept of man'i syar'i according to Wahbah Al-Zuhaili. </em></p> <p><em>This research is a type of normative legal research with a juridical approach. Legal materials are collected through the study of documents or literature, which are then analyzed in a qualitative descriptive manner. The most important legal material analyzed is the SE Director General of Islamic Guidance No. P-005/DJ. III/HK.00.7/10/2021, KHI, and Kitab Al-Fiqh al-Islami wa Adillatuhu. </em></p> <p><em>This research produced two main findings. First, the third point in the Circular Letter of the Director General of Islamic Guidance contains the concept of Syibhul ‘iddah (similar to idah) which is rooted in the Compilation of Islamic Law (KHI), especially Articles 41 and 42. These articles regulate the prohibition of marrying a woman who has a marriage cord during the idah period, including the obligation to wait for a husband who has divorced his fourth wife. This concept is also in line with Wahbah al-Zuhaili's view on man'i syar'i (syar'i obstacle). However, in contrast to KHI and the opinion of Wahbah al-Zuhaili which only limits marriage to certain women, this Circular Letter prohibits the ex-husband from marrying any woman during the period of idah of his ex-wife. Second, this Circular Letter fills the void of administrative law, because previously there was no rule limiting the registration of marriages during the wife's idah period. Thus, this Circular Letter becomes a bridge between the provisions of classical fiqh and modern administrative needs, and can be understood as a form of administrative ijtihad in responding to contemporary legal needs.</em></p>Muhammad Shofi, Mujiburohman Mujiburohman
Copyright (c) 2025 Muhammad Shofi, Mujiburohman Mujiburohman
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17817Wed, 23 Jul 2025 00:00:00 +0000Interfaith Marriage in the Indonesian Legal System: An Analysis of Supreme Court Decision No. 1400 K/Pdt/1986 and Its Relevance to European Practice (A legal study of how the Indonesian Supreme Court handles interfaith marriage and a comparison with regul
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17837
<p>This article discusses the Supreme Court Decision No. 1400 K/Pdt/1986, which permits the registration of interfaith marriages in Indonesia as a response to the legal gap in the Marriage Law. Using a normative approach, a statute approach, and a comparative approach, this study finds that the Indonesian legal system emphasizes religious legitimacy before marriage registration is carried out. In contrast, the legal systems in the Netherlands and Turkey base marriage validity primarily on civil registration. Based on these findings, the study recommends adopting a European-style civil registration system to ensure legal certainty while respecting religious diversity in Indonesia.</p>Abdul Halim, Rizqi Ramadhan
Copyright (c) 2025 Abdul Halim, Rizqi Ramadhan
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17837Wed, 23 Jul 2025 00:00:00 +0000DIGITAL INHERITANCE AND LEGAL VACUUMS: IMPLICATIONS FOR LEGAL CERTAINTY IN INDONESIA
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17835
<p>The advancement of digital technology has generated new forms of wealth known as digital assets, which possess economic value and can be inherited such as cryptocurrency wallets, monetized accounts, and cloud-based data. However, the legal system in Indonesia, both in Islamic law and in national positive law, has yet to explicitly regulate the inheritance mechanisms of these digital forms of property. This paper addresses the central issue of how digital assets are positioned within inheritance law from the perspectives of Islamic jurisprudence and Indonesian positive law, and how the absence of legal regulation affects legal certainty and the protection of heirs. This research employs a qualitative methodology with a normative and conceptual approach, incorporating the study of classical Islamic legal texts, national legislation, and global digital platform policies. The findings indicate that digital assets can be classified as māl mutaqawwim, lawfully inheritable wealth based on the objectives of Islamic law (maqāṣid al-syarīʿah), particularly within the framework of ḥifẓ al-māl (protection of property). Nonetheless, the absence of technical provisions in the Compilation of Islamic Law (KHI), the Civil Code, and the Electronic Information and Transactions Law (ITE Law) creates legal uncertainty, impeding access and execution of digital inheritance by heirs. Therefore, a responsive and adaptive legal formulation is urgently needed to ensure justice and legal certainty in the inheritance of digital assets.</p>Saila Salsabila, Rahmat Sholihin
Copyright (c) 2025 Saila Salsabila, Rahmat Sholihin
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17835Wed, 23 Jul 2025 00:00:00 +0000Corporate Social Responsibility (CSR) As Post-Mining Environmental Protection: An Integrative Normative Study Between Environmental Fiqh and Positive Law In Indonesia
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17832
<p><em>Corporate Social Responsibility (CSR) </em>in the mining sector has become an important instrument in efforts to protect and preserve the environment. This article aims to examine normatively integratively how <em>CSR </em>is positioned within the framework of Indonesian positive law and environmental fiqh as a form of social and ecological responsibility of mining companies. The research method used is normative research. This article finds that in national law, CSR is regulated in Law No. 40 of 2007 concerning Limited Liability Companies and its derivative law in the form of PP No. 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies. On the other hand, environmental fiqh offers moral and ethical foundations based on <em>maqashid sharia </em>that emphasizes the prohibition of damage (<em>ifsad</em>) and the obligation to maintain the balance of nature <em>hifdz al-bi'ah</em>). Integration between these two normative systems can form a paradigm of environmental protection that is not only legal-formal, but also spiritual-ethical. This article recommends strengthening the <em>CSR of </em>mining companies with an Islamic values approach to create ecological justice and environmental sustainability.</p> <p> </p>Muhammad Mustangin
Copyright (c) 2025 Muhammad Mustangin
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17832Wed, 23 Jul 2025 00:00:00 +0000Maarwah Tradition In Banjar Society: Correlation And Problems Of The Maarwah Tradition (One Hundred Days) Of Husband As The Limit Of Wife's Iddah
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17810
<p>Iddah is the waiting period for a woman who has been divorced or whose husband has passed away. The Banjarese people often associate iddah with maarwah, a traditional death commemoration ritual. They believe that a woman whose husband has died is not allowed to remarry before the manyaratus (one hundred days after death) period is completed. This study analyzes the intersection between the concept of iddah and the maarwah tradition, highlighting their correlation and the legal-socio-cultural issues that arise from the belief that a widow cannot remarry until one hundred days after her husband’s death. This research employs a normative library research method using Islamic jurisprudence theory as the analytical tool. The findings show that iddah and maarwah are correlated through shared values of ethics and etiquette, serving as an expression of a wife's love and respect for her deceased husband. However, the belief that a woman cannot remarry before completing the manyaratus should not be interpreted merely textually but understood in light of its deeper cultural and moral significance.</p>Akhmad Dzika Pratama, Fauzia Hayati, Muhammad Faqih Ramadani
Copyright (c) 2025 Akhmad Dzika Pratama, Fauzia Hayati, Muhammad Faqih Ramadani
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17810Wed, 23 Jul 2025 00:00:00 +0000The Role of Artificial Intelligence in Diviorce Proceedings in the Netherlands: A Legal Analysis Based on Islamic Legal Principles
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17851
<p><em>AI chatbots in divorce cases in the Netherlands offer efficiency but fall short in ensuring justice (al-‘adl), consultation (shura), and the protection of spousal rights in Islamic law. This study highlights the need for human involvement and adherence to shar‘i values to ensure divorce processes are not only legally valid but also substantively and ethically just.</em></p>Sya’baniatie Ninda Septia
Copyright (c) 2025 Sya’baniatie Ninda Septia
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17851Wed, 23 Jul 2025 00:00:00 +0000Harmonization of Islamic and Conventional Banking Law in Dual Banking System (Digital Transformation and Progressive Innovation)
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17849
<p><em>This study examines the harmonization of Islamic and conventional economic law within dual banking systems through progressive innovation and digital transformation. The research employs a normative legal approach combined with comparative analysis to investigate how dual banking systems can effectively integrate Islamic principles with conventional banking practices while maintaining regulatory coherence. The study reveals that successful harmonization requires comprehensive legal frameworks that accommodate both systems' distinct characteristics while leveraging digital technologies to enhance operational efficiency and regulatory compliance. Key findings indicate that progressive innovation in financial technology, coupled with adaptive regulatory frameworks, can facilitate seamless integration between Islamic and conventional banking operations. The research contributes to the understanding of how dual banking systems can evolve to meet contemporary financial demands while preserving the integrity of Islamic principles and conventional banking practices.Maximum 500 characters (with spaces)</em></p>Ayu Puspita Sari
Copyright (c) 2025 Ayu Puspita Sari
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17849Wed, 23 Jul 2025 00:00:00 +0000Analysis of Judges' Decisions in Sharia Economic Disputes in Religious Courts (Case Study of Murabahah Agreement Cancellation Lawsuit)
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17847
<p><em>This study aims to analyze the pattern of judges' considerations in resolving Islamic economic disputes, particularly those related to lawsuits regarding the annulment of murabahah contracts in Religious Courts. The rapid growth of the Islamic economy in Indonesia has encouraged the use of murabahah contracts as a primary financing instrument, but at the same time, various legal enforcements have emerged due to violations of conditions, defaults, and non-compliance with contract implementation. The variation in judges' considerations in resolving these disputes raises questions about the consistency and quality of decisions, both in terms of the application of Islamic principles and civil law aspects. This study uses a juridical-normative method and a case study approach. Primary data were obtained from an analysis of judges' decisions on ten cases of lawsuits regarding the annulment of murabahah contracts in Religious Courts across Indonesia. Data collection was conducted through a study of court decision documents, literature related to the Compilation of Islamic Economic Law (KHES), and relevant laws and regulations. Secondary data were obtained through interviews with legal practitioners and Islamic economic experts to strengthen the analysis. This study analyzes judges' decisions in resolving Islamic economic disputes, particularly lawsuits regarding the annulment of murabahah contracts in Religious Courts. The development of the Islamic economy in Indonesia has encouraged the widespread use of murabahah contracts as a financing instrument, but has also given rise to various legal enforcement actions due to violations of conditions, defaults, or non-compliance with contract implementation. Religious Courts play a crucial role in resolving these disputes, with absolute authority based on laws and regulations and the Compilation of Islamic Economic Law (KHES). However, in practice, judges' decisions often exhibit variations in legal reasoning, both in the application of Islamic principles and civil law, raising questions about the consistency and quality of decisions. This study aims to provide a comprehensive overview of the patterns of judges' reasoning, the obstacles encountered, and recommendations for improving the quality of decisions in accordance with Islamic economic principles. Through case studies of ten decisions by Religious Courts in various regions, this research is expected to enrich the academic literature and provide practical contributions to the development of a fairer and more legally certain Islamic economic settlement system in Indonesia.</em></p>Mentari Fajarina
Copyright (c) 2025 Mentari Fajarina
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17847Wed, 23 Jul 2025 00:00:00 +0000Correlation of the Civil Code and Human Right Regarding Debt Dipute Settlement Analysis of the Concept of Walfare and Justice in Islamic Law
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17845
<p style="text-align: justify; margin: 0cm 0cm 0cm 14.2pt;"><em><span lang="EN-US">Debt disputes are common issues in social life and encompass both civil law and human rights dimensions. The Indonesian Civil Code (KUHPerdata) provides a normative legal framework for resolving such disputes, while Law No. 39 of 1999 on Human Rights emphasizes the protection of individual dignity and rights, including the right to fair treatment in legal proceedings. However, in practice, the resolution of debt disputes often overlooks substantive justice and humanitarian considerations, particularly for debtors who are in vulnerable financial situations. This study aims to analyze the correlation between the Civil Code and human rights in the context of debt dispute resolution, and to explore alternative solutions through Islamic legal approaches that emphasize the principles of public interest (maslahah) and justice (‘adl). The research method used is normative legal research, employing both statutory and conceptual approaches. The findings reveal that Islamic law offers a more holistic paradigm for dispute resolution, taking into account the social and moral conditions of the parties involved, without neglecting their legal rights and obligations. A resolution model based on maslahah and ‘adl not only provides legal justice, but also promotes humanity, empathy, and sustainable solutions.</span></em></p>Fajariah Fajariah
Copyright (c) 2025 Fajariah Fajariah
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17845Wed, 23 Jul 2025 00:00:00 +0000TRADE SECRETS IN THE PERSPECTIVE OF ISLAMIC LAW
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17838
<p>In business, there must be some information that is confidential, has economic value and is kept confidential by the business owner. This confidential information is called a trade secret. The concept of trade secrets is more related to the legal protection of valuable business information, such as product formulas, product designs, recipes, production methods, or customer data. The method used in this study is the normative legal research method, namely library legal research based on legal materials. The results of this study indicate that Trade Secrets are information that is not known to the public in the field of technology and/or business, has economic value because it is useful in business activities, and is kept confidential by the owner of the Trade Secret. A trade secret will receive protection if it meets the requirements, namely: 1) It is confidential, 2) It has economic value, 3) There are efforts to maintain confidentiality. According to the Islamic view, trade rights, copyright, trade secrets and non-material rights which have economic value are equivalent to material rights which are protected by sharia. Islam really respects and protects property which is a form of a person's ownership. Islam provides protection for individual rights regarding al-mal in the concept of al-masalih al-khamsah (five maslahah that must be safeguarded) which is included in the category of hifdz al-mal (protecting property). This is stated in the holy verses of the Qur'an and authentic hadiths which state that trade secrets are property rights that must be protected, so that anyone who leaks trade secrets to other people is violating the rules of Islam.</p>Muhammad Haris, Muhammad Noor Ridani
Copyright (c) 2025 Muhammad Haris, Muhammad Noor Ridani
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17838Wed, 23 Jul 2025 00:00:00 +0000Maqasid Al-Shari’ah and Legal Pluralism: Normative Analysis of The Principle of Justice in A Multicultural Society
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17808
<p><em>In the context of a multicultural society, legal pluralism is an inevitable reality, especially in countries that accommodate various legal systems such as state, customary, and religious laws. One of the main challenges is how Islamic law (sharia) can contribute to justice without creating exclusivity or dominance over other groups. This paper explores the relationship between sharia and legal pluralism, focusing on the question of whether sharia can operate in harmony with the principles of inclusive justice. Through a normative approach, this paper analyzes various examples of sharia implementation in Indonesia, which coexist with other legal systems. The findings indicate that by utilizing the <strong>maqasid al-shari‘ah</strong> approach which emphasizes the fundamental objectives of Islamic law such as justice, public welfare (maṣlaḥah), and the protection of human rights <strong>maqasid al-shari‘ah</strong> can play a constructive role in promoting an inclusive legal system. This paper also underscores the necessity for a context-sensitive reform of Islamic law, methodological renewal in fiqh, and the strengthening of dialogue between different legal systems. In this regard, the role of the state as a mediator and the constitution as a normative foundation are vital for ensuring that religious values, human rights, and social justice can coexist in a harmonious manner.</em></p>Noor Syifa Amaliah Azizah, Shalihah Shalihah
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17808Wed, 23 Jul 2025 00:00:00 +0000Legal Review of Marketing Strategy Through the Concept of FOMO (Fear of Missing Out) in the Perspective of Islamic Law and Positive Law
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17809
<p><em>The development of digital technology has given rise to various modern marketing strategies, one of which is through the concept of FOMO (Fear of Missing Out). This strategy takes advantage of consumer concerns to encourage quick purchasing decisions. This study aims to examine marketing strategies through the concept of FOMO (Fear of Missing Out) from the perspective of Islamic law and positive law, with a normative approach through literature analysis, especially Law No. 8 of 1999 concerning Consumer Protection. The results of the study indicate that in positive law, the FOMO (Fear of Missing Out) strategy is acceptable as long as it does not mislead consumers and does not violate basic consumer rights as regulated in Articles 4, 8, and 9 of the Consumer Protection Law. Meanwhile, in Islamic law, this strategy is valid if it is based on correct information and does not contain elements of gharar (uncertainty) or tadlis (fraud). If the FOMO (Fear of Missing Out) strategy is used with information manipulation, then in addition to violating positive law, it also contradicts the principles of justice and honesty in Islam.</em></p> <p> </p>Nuryani Nuryani
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17809Wed, 23 Jul 2025 00:00:00 +0000The Manifestation of 'Urf Concept Based on Local Wisdom in Resolving Marital Conflict Barambangan by Religious Leaders in Banjar Regency
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17811
<p><em>Domestic conflicts known as "Barambangan" in Banjarese society require resolution approaches grounded in local wisdom values. This study aims to analyze the manifestation of the 'urf (customary practice) concept based on local wisdom in resolving marital conflict barambangan by religious leaders in Banjar Regency. This research employs a qualitative method with a sociological-juridical approach, involving six religious leaders from various villages in East Martapura District. Data were collected through in-depth interviews, participant observation, and document analysis. The findings reveal that the local 'urf concept manifests in three resolution stages: (1) the listening stage (mamandang), (2) the counseling stage (manasihati), and (3) the mediation stage (mampadamaikan). The local wisdom employed encompasses values such as "bahandap hati" (humility), "bakudutan" (deliberation), and "basalamatan" (prioritizing relationship safety). These findings indicate that the integration of local 'urf with Islamic principles provides effective solutions in domestic conflict resolution, achieving an 80% success rate in preventing divorce. This study contributes to the development of family conflict resolution models based on local wisdom that can be implemented within the context of Islamic family law in Indonesia</em></p>Muhammad Syafiq, Ari Norwaizi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17811Wed, 23 Jul 2025 00:00:00 +0000Childfree Is Not A Disgrace For Women: Harmonizing the Stoicism-Mubadalah Paradigm in Fighting Stigma and Gender Discrimination
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17813
<p><em>Women's decision not to have children (childfree) is always labeled as an act that violates social norms. This is further exacerbated by patriarchal religious interpretations that limit women's roles to the domestic sphere. This social construct often leads to discrimination against childfree women and ignores their right to determine their own happiness in life. This article analyzes the childfree choice as a manifestation of women's pursuit of happiness and autonomy through the lens of Stoic philosophy and the Mubadalah paradigm of reciprocity. This descriptive qualitative study uses literature review with primary data from the book “Qira'ah Mubadalah” by Faqihuddin Abdul Kodir and “Filosofi Teras” by Henri Manampiring, as well as secondary data from various relevant literature. Data was collected through documentation techniques and analyzed using content analysis. The results of the study show that Stoicism and Mubadalah create a strong paradigm to counter stigma and gender discrimination against childfree women. Despite originating from different traditions, both offer significant support for childfree women. Stoicism empowers individuals to find happiness from within, through control over thoughts and internal responses to external pressures, including social stigma. On the other hand, Mubadalah provides a strong theological foundation for deconstructing patriarchal narratives in religious interpretations that limit women's roles to reproductive functions. Both approaches emphasize individual freedom in determining one's life path, focusing on internal quality of life, and recognizing happiness as a dynamic process. Ultimately, this study affirms that discrimination against childfree women is an act that is inconsistent with human values and inclusive religious teachings, and therefore needs to be addressed with a more just and equitable understanding</em></p>Ibnu Akbar Maliki, Annisa Ranah Zhafira
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17813Wed, 23 Jul 2025 00:00:00 +0000Inheritance in Banjar Customary Law and Islamic Law: a Study of The Status of Children as Recipients of Inheritance
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17815
<p><em>This study presents a comparative analysis between inheritance systems in Banjar customary law and Islamic law, focusing specifically on the status of children as heirs. In Banjar society, not only biological children but also stepchildren, adopted children, and children born out of wedlock (referred to as anak kampang) are potentially entitled to inheritance, often based on family discussions and social-emotional considerations. In contrast, Islamic inheritance law (faraid) only recognizes the right to inherit based on three legal causes: marriage, bloodline (nasab), and wala’ (loyalty through manumission). The study finds that while Banjar inheritance customs may diverge from the strict rules of Islamic law, they can be harmonized through the concept of ihsan, showing kindness to non-heirs, provided all legitimate heirs consent. This research adopts a normative legal method with comparative and conceptual approaches, using secondary data analyzed qualitatively. The findings suggest that harmonization between local custom and Islamic law is possible as long as justice and mutual consent are preserved.</em></p>Ahmad Supiannor
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17815Wed, 23 Jul 2025 00:00:00 +0000Legal Protection and Prevention of Violence Against Children in Family Relations: a Comparative Study at the Religious Court and the Bandung City Police Department
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17818
<p><em>Cases of domestic violence against children continue to increase over time, including within the family sphere. According to information derived from the PPA Symphony of the Ministry of Women's Empowerment and Child Protection, as of the initial quarter of 2023, Bandung City ranks third in terms of the highest incidence of violent cases in West Java. As many as 37 reports of acts of violence were recorded in the city of Bandung in approximately two months. So the focus regarding this matter must be paid more attention by the various parties concerned in terms of legal protection and prevention. This research uses a comparative method with the aim of comparing the Bandung Religious Court in its civil scope and the Bandung Police in terms of criminal acts. What are the preventive steps and resolution of domestic violence cases against children within the family in the city of Bandung? And the results, when compared between PA and Bandung Police, have varying data due to different absolute and relative competencies. However, in general, domestic violence cases against children in the city of Bandung are more often resolved criminally, rather than civilly, in terms of fighting over child custody after divorce.</em></p>Eva Nur Hopipah, Siah Khosyi’ah
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17818Wed, 23 Jul 2025 00:00:00 +0000Legal Implications of Law No. 1/1974 and the Compilation of Islamic Law on The Validity of Adult Marriage in Indonesia (A Comparative Analysis of Positive Law, Islamic Law, and Customary Law in Determining the Legality of a Marriage)
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17821
<p><em>This article highlights the legal impact of Law No. 1 of 1974 and the Compilation of Islamic Law (KHI) on the recognition of customary marriage in Indonesia, by examining the comparison between national law, Islamic law, and customary law in determining the validity of a marriage. Indonesia as a country rich in culture has a variety of customary marriage practices, which often conflict with state and religious laws, especially regarding the obligation to register marriages. Law No. 1 of 1974 states that a marriage is valid if it is carried out according to each religion and is officially registered, while the KHI also emphasizes the importance of registration for the order of Muslim administration. However, some indigenous people consider customary rituals to be sufficient to validate a marriage without the need for state registration, thus raising legal issues related to the status of their spouses and children, especially in terms of identity and inheritance rights. This study uses a normative legal method with a statutory and comparative approach, comparing the three legal systems and examining the applicable regulations. The results of the study indicate the potential for conflict and legal uncertainty due to differences in the criteria for the validity of marriage between state law, Islamic law, and customary law. Therefore, harmonization efforts are needed to create legal certainty while still respecting the cultural diversity of Indonesian society.</em></p>Nur Syifa Yazidi, Sonia Dhea Silva, M Fahmi Al Amruzi
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17821Wed, 23 Jul 2025 00:00:00 +0000Buying and Selling Mystical Oil According to Central Kalimantan Scholars
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17823
<p><em>The trade in mystical oil is a phenomenon that exists in society, one example being in Central Kalimantan, particularly in the city of Kuala Kapuas. This practice has raised doubts among the community regarding its legitimacy. Therefore, this study aims to explore the opinions of religious scholars in Kuala Kapuas and the arguments they use. This is an empirical legal study involving interviews with five religious scholars from the Indonesian Ulema Council (MUI) and the Majelis Ta’lim. The results of the study indicate that the religious scholars are divided into two groups: the first group permits the buying and selling of mystical oil provided it meets the legal requirements of Islam, while the second group prohibits it, as it is considered to involve elements of fraud and the potential for idol worship.</em></p>Ahya Madina, Amelia Rahmaniah
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17823Wed, 23 Jul 2025 00:00:00 +0000The Epistemology of Islamic Inheritance Disputes
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17825
<p><em>This research explores the epistemology of Islamic inheritance law in Indonesia, rooted in the Quran, Hadith, and ulama's ijtihad, yet influenced by customary and national law. Using normative legal research with literature study, it finds that inheritance disputes arise from plural legal systems and interpretive differences. An integrative approach based on maqasid al-shariah is proposed to ensure justice and civilized resolution.</em></p>Abdul Bari
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17825Wed, 23 Jul 2025 00:00:00 +0000Democracy Without Choice: A Legal Evaluation of the 2024 Banjarbaru Regional Election
https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17827
<p><em>The phenomenon of a single candidate and the absence of a blank vote option in the 2024 Banjarbaru local election has raised serious concerns about the quality of local democracy in Indonesia. Although legally valid, the limited political choice reflects a degradation of democratic substance and threatens public trust. This study aims to analyze the legal and political dynamics surrounding the case and to evaluate the legal mechanisms in place to safeguard the quality of democracy. This research uses a normative legal method with a case study approach, supported by qualitative analysis of legislation and Constitutional Court decisions. The findings indicate that elections without genuine alternatives violate the principles of participation and contestation as proposed in Robert A. Dahl's theory of polyarchy and contradict the values of public interest as outlined in Jasser Auda’s concept of maqasid shariah. Although the Constitutional Court ordered a re-vote, the legitimacy of the election process had already been undermined. In conclusion, lawful procedures alone are insufficient to ensure a fair democracy if they are not implemented inclusively and participatively. A thorough evaluation of regulations and institutional integrity is necessary to ensure that democracy is not merely procedural, but also substantive.</em></p>Nisa Adelia, Akhmad Maulana, Habibah Lestari. MS
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https://jurnal.uin-antasari.ac.id/index.php/jils/article/view/17827Wed, 23 Jul 2025 00:00:00 +0000