INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM)
Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum, published by the Department of Islamic Family Law, Postgraduate Program, Syekh Nurjati Cyber State Islamic University. Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum publishes research articles on Sharia and legal studies. Inklusif accepts legal research with normative and sociological approaches. The focus and scope of the Journal are research studies on Islamic law and legal science with the theme of Islamic Law: Islamic Criminal and Civil Law, Islamic Family Law, and the Application of Islamic Law in Indonesia. Themes in legal science are Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Economic Law, Medical Law, Customary Law, Environmental Law, and other related contemporary legal issues. First published in print in 2012 and online in 2016, Inklusif Journal aims to publish high-quality articles devoted to all aspects of recent Sharia studies and legal scholarship developments. INKLUSIF: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum has ISSN 2548-9631 (Online) and 2303-2669 (Print). Inklusif has a Frequency of 2 editions per year (June and December).
Optimization of Government Policies in Guaranteeing Women's and Children's Rights: An Analysis of Legal Effectiveness Theory and Maqāṣid al-Sharī’ah
This study examines the gap between comprehensive regulations for protecting women and children in Indonesia and their limited effectiveness in practice. Although legal frameworks are well established, their implementation remains inconsistent. Previous studies have largely emphasized normative or theological dimensions, resulting in limited integration of legal effectiveness with ethical principles derived from Maqāṣid al-Syarī’ah. This research aims to evaluate government policy implementation by combining Legal Effectiveness Theory with Maqāṣid al-Syarī’ah to assess both regulatory performance and ethical orientation. This research employs a qualitative method and a normative juridical approach, supported by a literature review. Data were collected from legislation, academic works, and relevant prior studies. The analysis applies descriptive, analytical, and comparative techniques to identify discrepancies between legal provisions and their application. The findings reveal that implementation remains suboptimal despite the availability of comprehensive regulations. Weak coordination among institutions is the primary constraint, accompanied by limited resources, inadequate facilities, and low public awareness of legal rights. In addition, persistent patriarchal norms continue to influence policy outcomes and hinder protection efforts. In conclusion, improving policy effectiveness requires an integrative approach that connects legal structure, social conditions, and ethical values. The incorporation of Maqāṣid al-Syarī’ah, particularly in safeguarding life, intellect, lineage, and dignity, strengthens the moral direction of public policy. This study contributes to the development of a more coherent and equitable framework for protecting women and children in Indonesia. Keywords: Legal Effectiveness; Women and Children; Maqāṣid Al-Syarī’ah; Public Policy; Legal Protection
Copyright (c) 2026 azizah, Ahmad Fauzi https://creativecommons.org/licenses/by/4.0
A Fiqh Muamalah Perspective on the Ratio Decidendi of Supreme Court Decision No. 155 K/Ag/2021 in Murabahah Dispute Resolution
This study examines the resolution of a debt dispute arising from a murabahah contract in Supreme Court Decision No. 155 K/Ag/2021, which involved a customer and PT Bank Sumut’s Karya Sharia Sub Branch. The dispute arose due to a breach of contract in the execution of the murabahah contract and was subsequently resolved through the Religious Court system. The research issues examined include: (1) What was the ratio decidendi of the Supreme Court panel in resolving the debt dispute arising from a murabahah contract at PT Bank Sumut’s Karya Sharia Sub Branch in Supreme Court Decision No. 155/K/Ag/2021? and (2) What is the perspective of fiqh muamalah on the ratio decidendi of the Supreme Court panel in Case No. 155 K/Ag/2021 regarding the resolution of a debt dispute at the Syariah Karya Branch of Bank Sumut’s Karya Sharia Sub Branch This study employs normative legal research through statutory, conceptual, and case-based approaches. The legal sources used were Supreme Court Decision No. 155 K/Ag/2021, relevant laws and regulations, and literature on fiqh muamalah. The findings indicate that the Supreme Court identified errors in the application of the law by the trial and appellate courts, particularly in declaring the lawsuit premature, even though the case concerned the parties’ rights and obligations under the murabahah contract rather than the cancellation of the auction. The Supreme Court further emphasized that rulings on sharia economic disputes must apply the principles of Islamic law, specifically the principle of ta’awun (mutual assistance). Keywords: Murabahah Contract; Islamic Banking Disputes; Fiqh Muamalah; Ta’awun
Copyright (c) 2026 Qoniatun Nadziroh, Norma Fitria https://creativecommons.org/licenses/by/4.0
The Meaning and Dynamics of the Bugis To Lotang Marriage Tradition from the Perspective of Islamic Family Law
Marriage in Indonesia reflects a dynamic interaction between religious norms and living customary practices; however, studies on the Bugis To Lotang community tend to be descriptive and rarely examine its compatibility with Islamic family law. This study aims to analyze the meaning and practice of the To Lotang wedding tradition, explore its dynamic changes, and assess its conformity with Islamic legal principles. This research employs a qualitative design using ethnographic and socio-legal approaches, supported by a normative juridical perspective. Data were collected through observation, in-depth interviews with customary leaders (Uwa’), and documentation in Amparita Village, Sidenreng Rappang Regency. The findings reveal that the To Lotang wedding tradition consists of pre-wedding, wedding, and post-wedding stages that embody symbolic, social, and spiritual meanings, reflecting values such as siri’ (self-esteem), pacce (solidarity), and respect for ancestors. The tradition has undergone adaptive changes due to modernization, particularly in the simplification of stages, without altering its core values. From the perspective of Islamic family law, most practices can be categorized as ‘urf (custom) that is permissible as long as they do not contradict Sharia principles. However, the absence of explicit ijab kabul raises concerns regarding legal validity, necessitating the integration of the Islamic marriage contract. This study contributes to the development of Islamic family law by offering a contextual understanding of the interaction between customary practices and Islamic law. Keywords: Marriage; Bugis To Lotang; Islamic Family Law; 'Urf; Cultural Dynamics
Copyright (c) 2026 Anita Apriliani, Islamul Haq, Muhiddin Bakri, Muhammad Ali Rusdi, Aris https://creativecommons.org/licenses/by/4.0
The Right to Education for Brides in Early Marriage from the Perspective of Islamic Family Law in Kuningan
Early marriage continues to be a social phenomenon that significantly affects the educational rights of women, particularly in Kuningan Regency. From an Islamic family law perspective, the objective of this investigation is to examine the extent to which brides' rights to education are upheld in the context of early marriage. The research examines early brides, officials of the Office of Religious Affairs, and school officials using a sociological-juridical method (normative-empirical) and a qualitative approach. Informants were identified through purposive sampling, and data were gathered through in-depth interviews and document studies. The maqasid al- shari'ah framework, specifically the principle of hifz al-'aql, was then employed to analyze the data. According to the study's findings, the interruption of brides' education is empirically caused by early marriage, and domestic burdens, economic constraints, patriarchal culture, and inadequate institutional support influence it. This condition is in direct opposition to the principle of hifz al-'aql in Islamic family law, which positions education as the primary method of safeguarding and cultivating reason. In the context of early marriage, this research is unique in integrating local empirical analysis with an Islamic family law perspective grounded in maqasid al-syari'ah, which emphasizes education as a fundamental right of women. Keywords: Early Marriage; Right to Education; Bride; Islamic Family Law; Maqasid al-Shari'ah
Copyright (c) 2026 Ratu Salma Salsabila, Ahmad Rofii https://creativecommons.org/licenses/by/4.0
The Role of Customary Leaders in Resolving Domestic Disputes (Case Study of the Towani Tolotang Community in Amparita District, Sidenreng Rappang Regency)
Family is the smallest social unit that plays a a crucial role in maintaining social harmony and welfare. However, domestic conflicts between spouses are inevitable due to differences in character, interests, and socio-economic pressures. In the context of Indonesia’s plural society, dispute resolution is not only conducted through formal legal mechanisms but also through customary practices rooted in local wisdom. This study aims to analyze the role of customary leaders in resolving household disputes within the Towani Tolotang community in Sidenreng Rappang Regency, South Sulawesi. This topic remains relatively underexplored in existing literature, particularly in the context of social transformation and the increasing influence of formal law. This research employs a qualitative approach with a descriptive-analytical method. Data were collected through in-depth interviews, observation, and documentation involving customary leaders, married couples, and community figures. The findings reveal that customary leaders (uwa) play a central role as mediators, resolving domestic conflicts by emphasizing cultural values such as siri’ (honor), pacce (empathy), and lempu’ (honesty). The dispute resolution mechanism is carried out through structured yet flexible customary mediation stages that prioritize deliberation, moral guidance, and reconciliation before reaching a final decision. The study also finds that this mechanism is relatively effective, as most domestic disputes are resolved through customary mediation without leading to divorce. This helps strengthen family harmony and social cohesion within the community. In conclusion, the role of customary leaders remains relevant as a form of living law that preserves family integrity and sustains local cultural values amid modernization. Keywords: Customary Leaders; Towani Tolotang; Household Disputes; Customary Mediation; Living Law
Copyright (c) 2026 Nur Syamsuryana Mustari, Rusdaya Basri, Zainal Said, Rahmawati, Sunuwati https://creativecommons.org/licenses/by/4.0
Beyond Originative Validity: A Durational Approach to Consent in Marital Annulment Cases
This article examines the divergence of judicial reasoning in two Religious Court decisions concerning the annulment of marriage in cases involving administrative irregularities and long-term familial relationships. Drawing on the decisions of the Bekasi Religious Court and the Bandung High Religious Court, it argues that the differing outcomes do not arise from variations in applicable legal norms or factual configurations, but from contrasting assumptions regarding the temporality of consent within the structure of marital validity. Adopting a normative-empirical socio-legal approach through the analysis of judicial reasoning, the article develops the concept of continuous affirmation of consent as a socio-legal interpretive framework for understanding how temporality is constructed and operationalized in adjudication. Through this framework, two models of reasoning are conceptualized: an originative model, which fixes validity at the moment of contract formation, and a durational model, which attributes legal relevance to the sustained practice of marital life as an ongoing affirmation of consent. In an anomalous litigation configuration—where the husband, as claimant, denies the existence of the marriage after years of institutionalized family life—temporality emerges as a critical variable for assessing the consistency of claimed consent. The article argues that the durational approach adopted by the first-instance court provides a more context-sensitive reading of marital validity, particularly in accounting for the interaction between legal claims and long-standing relational practices, without displacing the existing normative framework governing annulment. Keywords: Marital Annulment; Temporality of Consent; Socio-Legal Analysis; Litigation Anomaly
Copyright (c) 2026 Muhammad Dipbiyansyah Hasanuddin, Muhammad Yassir https://creativecommons.org/licenses/by/4.0
The Prospective Groom’s Customary Gift (Seserahan) Tradition in Marriage from a Maslahah Perspective (A Phenomenological Study in Jubang Village, Bulakamba Subdistrict, Brebes Regency)
This study explores the shift in the customary gift (seserahan) tradition in Jubang Village, Brebes Regency, which has transformed from a symbol of household support into a significant financial burden driven by social prestige standards. This phenomenon creates socioeconomic inequality, as the demand for luxury goods often leads to debt traps and postponed marriages. The study aims to describe the historical background of this ceremony and examine its legal implications through the maslahah perspective of Najmuddin al-Tufi. Using a qualitative phenomenological approach, data were collected through in-depth interviews, field observations, and documentation. The findings indicate that while seserahan is intended to strengthen family ties, its contemporary practice contains elements of economic harm (dharar). As a theoretical solution, the study formulates the concept of maslahah muqayyadah (conditional benefit). This concept asserts that the seserahan tradition can be maintained only if it is constrained by the principles of sincerity and financial capacity (istita’ah), while adhering to the principle of taisir (ease) in Islamic law to achieve genuine benefit. Keywords: Customary Gift (Seserahan); Marriage; Maslahah
Copyright (c) 2026 Gusti Laxmana Adil https://creativecommons.org/licenses/by/4.0
Interfaith Marriage: A Legal Analysis Through ‘Illat and Maqashid Syariah
Interfaith marriage is a sensitive issue that continues to spark controversy in Islamic family law, particularly when analyzed through the perspectives of text-based Islamic legal philosophy (nash), legal rationality ('illat), and the objectives of Sharia (maqashid syariah). This study aims to conduct an in-depth examination of the issues surrounding interfaith marriage in the context of pluralistic Indonesia. Using a qualitative method with a normative-philosophical approach, this study analyzes classical and contemporary literature as well as interpretations of maqashid syariah within the framework of legal pluralism. The results indicate that the prohibition on interfaith marriage is not merely normative-theological in nature but is grounded in rational justifications related to the protection of religious belief, household stability, and children’s education. From the perspective of maqashid al-sharia, this prohibition functions as a preventive instrument to safeguard religion (hifz al-din) and lineage (hifz al-nasl). However, Indonesia’s pluralistic social reality introduces new dynamics regarding human rights, necessitating a reinterpretation of the law without disregarding the fundamental principles of sharia. This study contributes by developing an operational framework for applying maqashid al-sharia to cases of interfaith marriage in Indonesian courts, specifically through the formulation of three evaluation criteria for testing the 'illat. This study provides an analytical framework that balances classical fiqh norms and contemporary social needs, and enriches the literature on Islamic family law in a multireligious society through a contextual dialectic of 'illat and maqashid. Keywords: Interfaith Marriage; Islamic Legal Philosophy; 'Illat Analysis; Maqashid al-Sharia; Islamic Family Law
Copyright (c) 2026 Sahrul Hanafi, Basyarudin https://creativecommons.org/licenses/by/4.0
Legal Protection for Endogamous Marriages of The Ahmadiyya Congregation in Manislor Village: A Perspective of Law No. 1 of 1974
Administrative and social issues in the registration and recognition of endogamous marriages of the Ahmadiyya Community in Manislor Village reflect tensions between state legal norms and socio- religious conditions. According to Law Number 1 of 1974, the validity of a marriage is determined by the applicable religious law and must be registered to ensure legal certainty. However, in practice, the Ahmadiyya Community of Manislor Village faces administrative and social problems related to marriage registration. This study aims to analyze the conformity of the endogamous marriage practices of the Ahmadiyya Community with national legal regulations and to evaluate the importance of legal protection that the state should provide. Using a juridical-sociological and qualitative approach, this research employs a statutory and empirical framework, supported by field data collected in Manislor Village. The results of the study show that, normatively, there is no explicit prohibition on endogamy, but weak enforcement and a mismatch between law and social practice create legal uncertainty. This study concludes that legal protection is needed not to legitimize certain religious teachings, but to ensure citizens' constitutional rights to recognition and legal certainty in family life. This research contributes by formulating a non-discriminatory administrative framework in marriage registration for religious minority groups based on the theory of legal pluralism. Keywords: Endogamous Marriage; Ahmadiyya Congregation; Marriage Law
Copyright (c) 2026 Indah Nurhidayah, Achmad Kholiq , Akhmad Khalimy https://creativecommons.org/licenses/by/4.0
Vasectomy and Reproductive Justice: An Analysis of the Mubadalah Theory in Relation to Public Perceptions in Indramayu in the Context ofLaw No. 17 of 2023
The issue of reproductive justice in Indonesia highlights a gap between state regulations, religious perspectives, and social realities. Although Law No. 17 of 2023 on Health guarantees every individual’s right to reproductive health services without discrimination, male participation in family planning programs—particularly vasectomies—remains low and is influenced by social stigma. This study aims to analyze the relationship between these regulations and the principles of reproductive justice, examine Islamic legal perspectives through Faqihuddin Abdul Kodir's Mubadalah Theory, and understand public perceptions in Indramayu regarding vasectomy. This study employed a qualitative, socio-legal approach, using interviews with religious leaders, the Head of the Family Planning Division at the DPPKB PPPA, family planning medical staff at community health centers, and vasectomy recipients, and supported by statistical data from the 2024–2025 family planning program. The results of the study indicate that, normatively, vasectomy has gained religious legitimacy based on the principle of public welfare, while state policies have provided services and counseling. Empirical data show an increase in male sterilization procedure recipients from 2 individuals (2024) to 9 individuals (2025), yet this remains far below female sterilization procedures, which reached 106 (2024) and 259 (2025), reflecting strong gender bias and cultural barriers. The contribution of this study lies in integrating health law analysis, the Mubadalah Theory perspective, and empirical community data to explain male participation in family planning. These findings affirm that vasectomy is an instrument for the redistribution of reproductive responsibilities and the realization of relational justice within the family. Keywords: Reproductive Justice; Vasectomy; Mubadalah
Copyright (c) 2026 Laylatul Qomariyyah, Akhmad Kholik, Faqihuddin Abdul Kodir https://creativecommons.org/licenses/by/4.0
Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison
his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.
Copyright (c) 2025 INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM) https://creativecommons.org/licenses/by-nc/4.0
The Existence of Cancellation of Grant in Religious Courts: A Legal Analysis and Maqashid Sharia of The Decision Number 6481/Pdt.G/2021/Pa.IM
Grants are given to others with no hope of existence, reward, or whatever, and are done willingly, without counter-performance from the party that gives. The giver still lives. Grants cannot be cancelled except for the grant parent to child matter, as mentioned in the hadith of the Prophet, KUHPER, and the Compilation of Islamic Law. The purpose of this study is to analyse the juridical aspects of Islamic Law, Positive Law and Maqashid Syariah above the judge’s decision in the case number 6481/Pdt.G/2021/PA.IM regarding the case cancellation grant. The research method used by the author, which involves descriptive research , is one of the forms of research that includes qualitative research. The data used in the study are qualitative. Qualitative data, namely data presented in verbal form, is not in a numerical form. Among others, search and collect data with classification, including primary data and secondary data. In research, the author uses interviews, documentation and observation for data collection. The results of the research from the judge’s considerations in deciding case number 6481/PDT.G/2021/PA.IM regarding the case cancellation grant, the panel of judges’ opinion is that the lawsuit plaintiff must state No cannot be accepted. This is in accordance with Circular Letter Supreme Court Number 3 of 2018, letter A, number 4. In the formulation of the law of the religious chamber that the lawsuit whose object of dispute is still a debt guarantee and the judge does not use other legal considerations, in fact the judge in deciding a case should be based on the law and/or statutory regulations related to the lawsuit, such as Article 212 of the KHI which allows parents to withdraw their gifts and Article 1688 of the Civil Code.
GENDER-BASED CYBER VIOLENCE IN CIREBON REGENCY: A CRITICAL GENDER AND LEGAL ANALYSIS
The rapid expansion of digital technology and social media has facilitated the emergence of Gender-Based Cyber Violence (GBCV). In Cirebon Regency, reported cases increased sharply from three in 2023 to eight in 2024, reflecting a 166 percent rise and highlighting the growing risks faced by women in digital environments. This study aims to comprehensively examine GBCV in Cirebon Regency by integrating gender analysis, feminist legal theory, positive law, and Islamic law to evaluate existing legal protections and formulate a more responsive and victim-centered protection framework. This research employs a qualitative descriptive approach using primary data from victims of GBCV, local government officials, NGO, and experts in Islamic and positive law, complemented by secondary data derived from relevant legal regulations. Data were collected through interviews, document analysis, FGD, and questionnaires to support a comprehensive qualitative analysis. The results show that from 2020 to 2025 the dominant forms of GBCV in Cirebon Regency were sexting (6 cases), cyber grooming (5 cases), and impersonation (5 cases). Contributing factors include low digital literacy, patriarchal norms, victim blaming, and the absence of a dedicated cybercrime unit within the Cirebon Police Resort. The legal analysis reveals that the implementation of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, and regional regulations remains insufficiently gender responsive, while the principles of maqaṣid shariah affirm that GBCV violates the protection of human dignity, honor, and life. This study contributes a gender informed and Islamic values-based integrative framework to enhance policies for protecting women in digital environments.
Surrogacy Law: Iran’s Framework and Structural Constraints in Indonesia
Surrogacy has been legalized in Iran, the only Muslim-majority country to formally accommodate the practice within its healthcare and legal systems. In contrast, despite a high prevalence of infertility, the Indonesian legal order remains closed to surrogacy due to persistent juridical, ethical, and theological contestation. Existing scholarship has largely examined these jurisdictions in isolation or has focused predominantly on theological prohibition, leaving limited comparative analysis of the structural limits of legal transplantation. Addressing this gap, this study employs a normative-comparative legal method to analyze primary legal materials, including Iran’s Civil Code and Indonesian health and family laws. The findings demonstrate that Iran validates surrogacy through Article 10 of its Civil Code and flexible Jaʿfari jurisprudence. Conversely, the study shows that surrogacy in Indonesia is structurally precluded by three interlocking dimensions: civil-contractual incompatibility with the requirement of a lawful cause, restrictive medical-administrative regulations grounded in mater semper certa est, and a dominant Sunni legal consensus classifying surrogacy as zina, thereby threatening the preservation of lineage (hifz al-nasl). This study concludes that Iran’s framework cannot be transplanted into Indonesia without fundamentally restructuring civil, medical, and religious legal norms, underscoring the contextual limits of legal transplantation in comparative Islamic bioethics and Indonesian legal reform discourse.
Family Communication and Coping Strategies on Soldier Children’s Independence: A Maqasid Al-Shariah Perspective
The dynamics of military families, characterized by high mobility and father absence due to operational duties, pose unique challenges to child development. This study aims to analyze the influence of family communication and coping strategies on the independence of soldiers’ children, viewed through the lens of Maqāṣid al-Sharī’ah. Using a mixed-method explanatory sequential design, quantitative data were collected from 200 respondents in the Kodam III/Siliwangi battalion, followed by in-depth interviews with selected informants. The results indicate that family communication and coping strategies significantly influence children’s independence, explaining 75.5% of the variance. The study theoretically contributes to Islamic Family Law by reframing psychological resilience as a spiritual necessity: effective communication is hifz al-nafs (preservation of the soul). At the same time, adaptive coping strategies manifest as hifz al-din (preservation of religion) and hifz al-nasl (preservation of progeny). Practically, these findings urge military institutions to integrate spirituality-based counseling into family support programs.
Early Marriage in Hadith and Law: Analysis of Aisha’s Marriage and Legal Age Provisions
The phenomenon of early marriage remains a complex social and legal issue in Indonesia, illustrating the ongoing gap between religious texts, legal regulations, and social realities. This research departs from debates surrounding the hadith of the Prophet Muhammad’s marriage to ‘Aisha ra., which is often used as a religious justification for child marriage practices. The study aims to critically analyse the hadith through a socio-historical approach and the framework of maqāṣid al-sharī’ah, while assessing its conformity with Indonesian positive law. This research employs normative legal research with a qualitative perspective, relying on literature analysis of hadiths contained in Kutub al-Sittah, the views of classical Islamic jurists (fuqahā’), and national legal policies, particularly Law Number 16 of 2019 concerning the minimum marriage age. The findings reveal that classical scholars generally permitted marriage to al-ṣaghīrah based on specific historical and social contexts. However, contemporary scholars emphasise the need for contextual and purposive interpretation to ensure the protection of children from physical, psychological, and social harm. From the perspective of maqāṣid al-sharī’ah, this study highlights maṣlaḥah and harm prevention as fundamental legal principles. From a positive legal standpoint, setting the marriage age at 19 reflects harmonisation between Islamic law and child protection norms.
Islamic Legal Review of Waqf Land Ownership Transfer under Indonesian Law
This study aims to analyse the Islamic legal position on the transfer of ownership of waqf land and evaluate its conformity with the Indonesian waqf regulatory framework. Using a normative-juridical method, the research examines classical and contemporary fiqh references, Law No. 41 of 2004, Government Regulation No. 42 of 2006, and relevant legal documents to construct a systematic interpretation of the rules governing waqf property. The analysis identifies the legal basis for the prohibition of transferring waqf assets and assesses the coherence between sharia norms and national regulation. The results reveal that Islamic jurisprudence categorically upholds the permanence of waqf property, while practices at the administrative level remain vulnerable to irregularities, particularly in certification and oversight procedures. Weak institutional verification allows waqf assets to be at risk of being transferred or re-registered contrary to their legal status. This study contributes an evaluative framework for aligning Islamic legal principles with positive law and proposes policy improvements, including stronger cross-institutional verification and enhanced supervisory mechanisms to prevent unauthorised transfers of waqf assets.
Implementation of Digital-Based Inheritance Distribution in Islamic Law: A Maqaṣid al-Syari'ah Perspective
The study seeks to evaluate the feasibility of implementing a digital inheritance distribution system while maintaining the essential principles of fiqh al-mawārīts and the overarching aims of maqāṣid al-syarī‘ah. Using a qualitative–descriptive approach grounded in library research, the analysis draws upon classical and contemporary Islamic legal sources, the Compilation of Islamic Law (KHI), and the Electronic Information and Transactions Law (UU ITE). The findings demonstrate that digital tools can significantly improve the efficiency, precision, and transparency of determining the rightful shares of heirs. Sharia-oriented algorithms not only ensure accuracy in calculations but also reinforce procedural integrity and legal accountability. Viewed through the lens of maqāṣid al-syarī‘ah, digitalization supports the preservation of wealth (ḥifẓ al-māl) and the protection of intellect (ḥifẓ al-‘aql) by minimizing human error and reducing opportunities for data manipulation. The study further reveals that the UU ITE’s acknowledgment of digital documents as legitimate evidence provides a firm legal basis for their implementation within religious judicial institutions. On the social front, the adoption of digital systems enhances public confidence in the fairness of Islamic legal processes and reduces the likelihood of family disputes. Ultimately, this research makes meaningful contributions to the development of Islamic legal technology and highlights potential future integrations, such as AI and blockchain, to support advanced inheritance management.
Environmental Law Enforcement Based on Law Number 32 Of 2009 and the Challenges of the Industrial Revolution 4.0
Law functions to protect various human interests and is implemented in both peaceful conditions and when violations occur. The decline in environmental quality due to the exploitation of natural resources is often justified in the name of people's welfare. This condition raises demands for effective environmental law enforcement amid the challenges of the Industrial Revolution 4.0. This research aims to analyze the impact of pollution and weak law enforcement, as well as examine the role of technology in improving legal effectiveness and formulating adaptive regulatory strategies in the digital era. This research employs a qualitative-descriptive approach, utilizing a library research method and inductive- deductive analysis, informed by various literature sources. The effectiveness of environmental law depends on fundamental principles, the application of technology, and collaborative law enforcement. Digital technology and industrial automation can strengthen the monitoring and transparency of ecological law if developed with an inclusive and fair approach. Law No. 32/2009 remains relevant, but requires adaptive policies. Keywords: Environmental Law, Industry 4.0, Revolution
Copyright (c) 2025 Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum https://creativecommons.org/licenses/by-nc/4.0
The Concept of Childfree Perspective of Law Number 1 Year 1974 on Marriage and Compilation of Islamic Laws
Modernization in the current era has brought significant changes to various aspects of life, including the institution of Marriage. One emerging phenomenon is childfree, which refers to a couple's decision not to have children, either through natural birth or adoption. In Indonesian society, the presence of children is often seen as a blessing and a sign of trust in God. Still, the decision to live without children poses unique psychological and economic challenges for some individuals. This study aims to examine the principles of legal regulation related to the concept of childfree based on Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. The study uses a qualitative method with a normative-descriptive approach, namely normative legal research that relies on literature studies and juridical analysis of legislation and relevant scientific works. Content analysis was used to interpret the data obtained. The results of the study indicate that although legislation emphasizes the importance of offspring in Marriage, there are no explicit provisions prohibiting couples from choosing to live without children. Legally, the child-free practice does not conflict with the marriage regulations in force in Indonesia. However, this decision remains a controversial issue in a society that strongly upholds family values.
Construction of the Legal Position of the Religious Affairs Office in Handling Early Marriage from the Perspective of Maqasid Usrah Jamaluddin 'Atiyyah
Early marriage is often motivated by economic, educational, and cultural factors. The Religious Affairs Office's efforts to prevent early marriage are less effective due to differences in perspectives between religion and the state. This study examines the legal position of the Religious Affairs Office in addressing early marriage in Sokaraja District and explores the views of maqashid al-usrah in preventing early marriage. Using a normative descriptive approach, the study found that early marriages in Sokaraja District were 29 cases in 2020, 23 cases in 2021, 40 cases in 2022, and 13 cases in 2023, representing a 67% decrease. The Sokaraja District Religious Affairs Office has socialized Law Number 16 of 2019 concerning marriage, which sets the ideal age limit for marriage at 19 years. This law considers legal psychological, biological, and other aspects. From a maqashid al-usrah perspective, the aim is to protect children's rights, maintain family structure, and support community welfare. The Office of Religious Affairs' efforts to prevent early marriage align with these goals. By socializing the marriage law and promoting awareness, the office contributes to achieving the objectives of maqashid al-usrah.
A Comparison of Domestic Violence Settlement from the Perspective of Islamic Law and Positive Law in Indonesia
The numerous cases of household violence in Indonesia suggest that the state still has significant work to do in addressing it. Despite having its claim laws, it appears that their execution still has deficiencies. The purpose of this paper is to examine how Islamic Law and Positive Law in Indonesia compare to Domestic Violence. A qualitative method with a normative approach is employed in this research. The research results show that the sanctions prescribed in Islamic law are based on the application of takzir, qishash, and diat. Meanwhile, positive law provides criminal sanctions and fines. The primary objective in criminal acts of physical violence within the family is to deter or punish the perpetrator so that peace and the progression of community life are maintained. The state plays a role in enforcing amar ma'ruf nahi munkar, including in household matters. The state is obliged to provide protection, services, and recovery for victims.
The Implementation of Disability Rights Fulfillment in the General Election in Kuningan Regency Based on Law No. 7 of 2017 on General Elections
This article examines the implementation of political rights for persons with disabilities during the General Election in Kuningan Regency, as outlined in Law Number 7 of 2017 on General Elections and Law Number 8 of 2016 on Persons with Disabilities. The research focuses on issues of accessibility and the effectiveness of electoral outreach. Using a normative legal method with a qualitative approach, this study examines legal frameworks, policy documents, and conducts interviews with relevant stakeholders. The findings reveal a significant gap between legal provisions and field implementation. Many polling stations remain physically inaccessible, and outreach programs often fail to consider the diversity of disability types. These barriers limit the participation of persons with disabilities in democratic processes. The study concludes that without accessible infrastructure and inclusive political communication, the right to vote and be elected cannot be fully realized for this marginalized group. It recommends stronger affirmative policies and collaboration between the General Election Commission, local authorities, and disability organizations to promote inclusive, non-discriminatory elections in line with human rights principles.
Juridical Disparity in Interfaith Inheritance Law: A Comparative Study Between Islamic Law and Positive Law in Indonesia
The plurality of religions in Indonesia presents significant challenges to the multidimensional implementation of the existing inheritance law. A particularly complex issue arises when heirs hold differing religious beliefs, which may occur due to interfaith marriages among their parents or individual conversions by the heirs themselves. This divergence in faith introduces a dualism of norms, as it contrasts the exclusive normative provisions of Islamic law with the inclusive approach espoused by Indonesian positive law, which seeks to promote substantive justice. This current research aims to investigate juridical disparities within interfaith inheritance law through a normative and comparative juridical approach. The findings suggest that the absence of an integrated legal framework leads to legal uncertainty, creating interpretative gaps that adversely affect individual civil rights. Consequently, this research advocates for the reformulation of national inheritance law arrangements and policies, emphasizing a foundation of sustainable and equitable legal pluralism.
Effectiveness of Electronic Court System (E-Court) in Kuningan Religious Court Based on PERMA Number 7 of 2022
The Kuningan Religious Court, as part of the national justice system, also implements E-Court based on applicable regulations, including PERMA Number 7 of 2022. This study aims to evaluate the impact of E-Court implementation on case resolution time and litigation costs at the Kuningan Religious Court. The research method used by the author is empirical juridical, where this research is descriptive and tends to use analysis and theory as a guideline so that the study focuses on facts in the field. The findings are to develop more measurable and specific effectiveness indicators that are relevant to the context of the Kuningan Religious Court and PERMA Number 7 of 2022. For example, not only measuring the general case resolution time but also measuring the impact of E-Court on specific stages regulated in the new PERMA. With the implementation of PERMA Number 7 of 2022, the Kuningan Religious Court has contributed to the realization of the principles of fast, simple, and low-cost justice. The conclusion obtained is that E-Court at the Kuningan Religious Court is systematically starting from online registration (E-Filling), online payment (E-Payment), online summons of parties (E-Summon), and electronic trials (E-Litigation) has been effective. There are several supporting and inhibiting factors in the Implementation of E-Court, namely in terms of supporting factors are Human Resources (HR) and Adequate Facilities and Facilities, Reducing Litigation Costs and Good Internet Networks while inhibiting factors Constrained Calls and e-court System Network Error.
Legal Analysis Of Mediation In The Settlement Of Joint Property Disputes In Marriage In Terms Of Islamic Law And Positive Law
Joint Property has become a polemic in Indonesia’s Islamic legal discourse and legal system. Initially, the assets brought by the husband did not have any identification, nor did those brought by the wife. Such assets are inherited assets of both parties, which are identified as the personal property of the husband or wife. The assets a husband and wife produce during marriage are a logical consequence of marriage. The aim of this research is firstly to find out more about Islamic law regarding mediation in resolving marital property disputes. Secondly, I want to find out more about the positive legal review of mediation in resolving marital property disputes. This research was conducted using a Normative Juridical approach. The specifications of this research are descriptive analysis. The conclusion that can be obtained is that mediation in the distribution of joint property in Islamic law has no specific rules but only provides general guidelines for resolving joint property problems without causing disputes. Second, Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Court makes mediation part of the court process. In court to obtain peaceful efforts through the mediation process as contained in the Procedural Law Article 130 HIR or Article 154 RBg.
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Law Enforcement Against Surveillance Of Illegal Gold Mining Crimes In Review Of Positive Law And Islamic Law (Case Study In Wasirawi Village, Masni District,Manokwari Regency, West Papua Province)
The mining management system in Indonesia is pluralistic due to the various mining contracts or licenses currently in force. For this reason, it is necessary to take action in all components of the nation, including law enforcement, both in positive law and Islamic law. This research aims to find law enforcement against the supervision of illegal gold mining crimes by reviewing the perspective of positive law and Islamic law (case study in Wasirawi Village, Masni District, Manokwari Regency, West Papua Province). The method used in this research is a qualitative descriptive approach. The results of this study are as follows: First, the role of the government in curbing illegal nickel mining in Waserawi Village, Masni District, Manokwari Regency, West Papua Province, from all functions, still needs to be stronger. The mining sector is very vulnerable to violations of the law. Therefore, regulations are formed that can regulate the mining business sector, namely in Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining. Second, MUI, as an institution that provides fatwas, issued a fatwa on the law of environmentally friendly mining on 26 May 2011. The fatwa states that mining activities that do not bring prosperity to the community are haram. In Islamic law, illegal miners are included in the realm of ta‟zir punishment, so Ulil Amri can make Ijtihad to determine the type of punishment.
The Political Law Stipulating The Age Of Marriage In Law No. 16/2019 And Its Impact On Family Harmony
This study aims to discover the debate regarding the age limit of marriage and the impact of early marriage on family harmony. The method used is the Normative Juridical approach. Data are obtained through literature and documentary studies and then analyzed qualitatively. The results of this study are as follows: First, the politics of law in Law No. 16 of 2019 is divided into subjective and objective dimensions. The value of justice for the age limit of marriage is realized by equalizing the minimum age of marriage of 19 years for men and women. The value of legal certainty in the regulations of Law No. 16 of 2019 has yet to be realized because there are no sanctions for violators, and there is a loophole for dispensation without clear requirements. Second, Islamic Law Review of Law No. 16 of 2019. Equality of the minimum age limit of 19 years is not contrary to Islamic law. Marriage is also considered good and safe because it has exceeded the age limit of puberty, according to the opinion of Islamic jurists. Third, the impact of underage marriage on family harmony affects the resilience of the family that is built. Economic, psychological, emotional, and mental unpreparedness. So that sustainable economic security is not achieved.
The Crime Of Money Laundering (Tppu) According To Positive Law And Islamic Law And Its Implications For The Family (Study on the Analysis of Decision No. 86/Pid.B/2021/PN.Mnk of Manokwari District Court, West Papua Province)
Money laundering is a process carried out by a person or organization against illicit money, namely money originating from crime, to hide data and disguise the origin of the funds from the government or the competent authority. Money in the financial system, utilizing bank and non-bank services, includes stock exchanges, insurance, and foreign exchange trading so that this money can be issued from the economic system as halal money. The purpose of this study is first to examine more deeply the review of Islamic criminal law on corporate responsibility in money laundering according to Law No. Deeper into the impact and implications of money laundering crimes against families. The research method used by the author is qualitative, a normative juridical approach, which seeks to synchronize the legal provisions that apply in the legal protection of other legal norms or regulations with their relation to the application of these legal regulations in practice in the field. The type of research used is library research. The conclusions are as follows: First, Islamic law in money laundering is identified with embezzlement (ghulûl). Second, accountability for money laundering is regulated in Law No. 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes (UU PP - TPPU). The predicate crimes of money laundering are regulated in Article 2 paragraph (1), namely: corruption, bribery, narcotics, psychotropics, labor smuggling, migrant smuggling in the banking sector, the capital market sector, the insurance sector, customs, excise, human trafficking, illegal arms trade, terrorism, kidnapping, theft, embezzlement, fraud, counterfeiting money, gambling, prostitution, in the fields of taxation, forestry, environment, maritime affairs and fisheries, and other crimes punishable by imprisonment for 4 (four) years or more. Third, the impact and implications of money laundering on families have many impacts, namely economic impacts, changes in children’s behavior, impacts of a mother becoming the head of the household, and psychological effects.
PROTECTION OF CHILD VICTIMS OF VIOLENCE IN THE FAMILY FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW AND POSITIVE LAW (Case Study at the Subang District Attorney‘s Office, West Java Province)
Cases of violence against children still occur frequently; tragically, in many cases of violence against children, the perpetrators most often come from the family environment or the environment where the child is. The purpose of this study is first to explore the occurrence of violence against children in the family, second to examine more deeply the legal protection of child victims of violence in the family based on Islamic Family Law and Positive Law at the Subang District Attorney‘s Office, and third to examine more deeply the development of handling child victims of violence in the family based on Islamic Family Law and Positive Law at the Subang District Attorney‘s Office. The research method used by the author is qualitative, where this research is descriptive and tends to use analysis and theory as a guide so that the study focuses on the facts in the field. The type of research used is field research. The research approach used is descriptive. The conclusions obtained are: First, the factors that cause violence against children in the family are two things, namely internal factors, including economic factors; factors that are not biological children, educational factors; external factors, including factors of the child‘s behavior, and social, environmental factors. Second, Islam strictly prohibits acts of violence, especially in educating and caring for children. However, this prohibition does not apply in terms of ubūdiyyah or tarbiyyatuddinniyyah. Child protection, according to positive law, is divided into two, namely, Preventive legal protection and Repressive legal protection. Third, Development in child maintenance, namely parenting, maintaining children, and educating children. The development of handling child abuse in the family at the Subang District Attorney‘s Office is to provide maximum protection to children and their rights, namely providing legal sanctions for the perpetrators of criminal acts so that they do not continue their criminal acts as well as giving a fear effect on others so as not to commit the same criminal acts by paying fines that must be given to victims or restitution.