Mawaddah: Jurnal Hukum Keluarga Islam
type: channel
description: Journal Title : Mawaddah: Jurnal Hukum Keluarga Islam Initials : Mawaddah Frequency : Mei & November Print ISSN : 3031-5247 Online ISSN : 3026-6076 Editor in Chief : Muhammad Husni Abdulah Pakarti, S.H., M.H DOI: 10.52496/mjhki Duration: Approx. 10 days to first decision Acceptance Rate: 48% of the total submissions Publisher : Universitas Muhammadiyah Bandung Mawaddah: Jurnal Hukum Keluarga Islam is a scientific journal published by Universitas Muhammadiyah Bandung, with a frequency of publication three times a year. This journal focuses on legal studies, especially in the realm of Islamic Law, Family Law, Criminal Law, Inheritance Law, Civil Law, and Sharia Economic Law. Mawaddah aims to be a forum for legal academics, researchers, and practitioners in publishing research results and scientific studies relevant to legal developments in Indonesia and the Islamic world. Mawaddah is pleased to announce that we have been accepted into the Scopus database as of December 28, 2025. Indexing by: Read More
publisher: Universitas Muhammadiyah Bandung
language: en
publication name: Mawaddah: Jurnal Hukum Keluarga Islam
issn: 3031-5247
items: Judicial Reasoning in Child Guardianship: Gender Justice and Maqāṣid Al-Sharī'ah in Indonesian Religious Courts
items: Reinterpreting Classical Islamic Family Law For Sexual Health Education: A Maqāṣid Al-Sharī‘ah-Based Critical Discourse Analysis
items: Constitutional Safeguards And National Resilience: A Qualitative Analysis of Article 153 In Malaysia’s Multi-Ethnic Society
items: Qiwāmah And Epistemic Violence: A Critical Socio-Legal Analysis of Gendered Authority In Islamic Family Law
items: Social Egg Freezing in Islamic Law: Conditional Permissibility through a Maqāṣid al-Sharī‘ah and Gender Justice Perspective
items: Controlled Legal Pluralism: Islamic Family Law Adaptation In Socialist-Secular China
items: The Dynamics of Family Law Reform in Muslim Societies: A Comparative Fiqh Analysis of Gender Justice and Legal Modernization
items: Consumer Perceptions of Influencer Authenticity: A Sharia Economic Law Perspective on Generation Z
items: The Erosion of Customary Authority and The Riset of Local Ulama In The Normalization of Unregistered Marriages In Indonesian Muslim Communities
items: Reconceptualizing Stage-Based Legal Proceedings: A Comparative Analysis of European Models and Judicial Reform in Ukraine
items: Reinforcing Halal Supply Chain Legitimacy: A Juridical Analysis of MUI Fatwa on Porcine Blood Based Animal Feed
items: The “Cek Khodam” Phenomenon on Tiktok In Online Media Discourse: An Islamic Legal Perspective
items: Islamic Inheritance Law In Indonesia and Malaysia: Gender Equality Through Consensual Modification
items: AI-Legislation in Indonesian Legal System: A Legal Analysis and Reformulation of AI-Based Legislative Planning
items: Women as Breadwinners and the Transformation of Roles in the Muslim Family: Evidence from Urban South Sulawesi
items: Recontextualizing Article 97 of the Indonesian Compilation of Islamic Law: A Maqasid-Based Analysis of Judicial Practices in Joint Property Disputes
items: The Implementation of Descente in Hadhanah Disputes: A Juridical and Child Psychological Perspective in Religious Courts
items: The Legal Protection of Genetic Resources Associated with Traditional Knowledge in Indonesia: Juridical Implications of the GRATK Treaty
items: Justice and Agreement in Islamic Inheritance Distribution: An Analysis of Religious Court Decisions in Indonesia
items: Reconstructing The Regulatory Framework of Stock Waqf In Indonesia’s Sharia Capital Market: Institutional And Sustainability Perspectives
items: From Taboo to Negotiated Tradition: Marriage During Muharram in Gunungkidul within Islamic Family Law Context
items: Reconceptualizing Marital Seizure as a Gendered Safeguard in Indonesia’s Religious Courts
items: Da'wah Strategy of the Sunda Kelapa Taklim Council as a Non-State Actor in the Socialization of Islamic Family Law in Jakarta
items: Regulatory Challenges and Social Dynamics of Online Notary Practices: A Comparative Legal Study of Indonesia and Malaysia
items: The Problem of Legal Balance Regarding The Rights and Obligations of Husband and Wife From The Perspective of Misyâr Marriage (Mîtsâqan Ghalîẓa) on Marriage Law
items: Reconstructing Sharia Competent Notarial Authority in Indonesia: Legal Pluralism and Gender Justice in Islamic Family Law
items: Unregistered and Online Marriage in Indonesia: An Islamic Law and Legal Perspective Based on the Principle of Al-Masyaqqah Tajlibu al-Taysīr
items: Between Theology and History: Re-evaluating the Solar Eclipse Narrative in the Karbala Tragedy through Islamic Historiography and Astronomy
items: Economic Law Compliance in AI-Driven Digital Mompreneurship: The Role of Entrepreneurial Attitudes and Self-Efficacy in Performance
items: National Fiqh and Maqasid-Based Ijtihad: Reassessing Ahmad Hasyim Muzadi through Jamal al-Din ‘Atiyyah

Judicial Reasoning in Child Guardianship: Gender Justice and Maqāṣid Al-Sharī'ah in Indonesian Religious Courts
type: item
description: Child guardianship (ḥaḍānah) in Islamic family law represents a critical mechanism for child protection during family dissolution, yet existing scholarship remains predominantly normative and fragmented, lacking longitudinal socio-legal analysis of judicial reasoning that integrates child protection and gender justice within Islamic legal frameworks. This study aims to analyze the transformation of child guardianship adjudication in Indonesian Religious Courts (Pengadilan Agama) during 2020–2025, focusing on judicial reasoning patterns, child welfare orientations, and the positioning of women's rights. Employing a normative-empirical (socio-legal) approach, this study analyzed 120 guardianship decisions retrieved from the Supreme Court Verdict Directory through qualitative content analysis and systematic coding, integrating three analytical frameworks: the best interest of the child, maqāṣid al-sharī'ah, and gender justice theory. The findings reveal a significant shift from textualist-normative reasoning toward discretionary, welfare-oriented adjudication, with judges increasingly prioritizing emotional stability, caregiving continuity, and socioeconomic conditions. A pronounced maternal preference pattern was identified, reflecting caregiving realities while simultaneously indicating latent gender bias. Women's rights were found to be implicitly integrated yet structurally subordinated within the best interest framework rather than recognized as autonomous legal principles. The COVID-19 pandemic additionally functioned as a structural catalyst accelerating guardianship litigation. This study contributes a longitudinal socio-legal framework that bridges maqāṣid al-sharī'ah with contemporary human rights discourse, while critically exposing the risks of unchecked judicial subjectivity. These findings underscore the urgent need for verdict standardization, explicit gender justice integration, and systematic reform of Islamic family law in Indonesia.
subject: Articles
  topic: section
subject: Child Guardianship
  topic: keywords
subject: Ḥaḍānah
  topic: keywords
subject: Islamic Family Law
  topic: keywords
subject: Judicial Reasoning
  topic: keywords
subject: Maqāṣid Al-Sharī'ah
  topic: keywords
subject: Gender Justice
  topic: keywords
subject: Indonesian Religious Courts
  topic: keywords
creator: Martius Martius
creator: Musyaffa Amin Ash Shabah
creator: Azhar Muhamad Akbar
creator: E-bat Che-umong
creator: Restia Gustiana
rights: Copyright (c) 2025 Martius, Musyaffa Amin Ash Shabah, Azhar Muhamad Akbar, E-bat Che-umong, Restia Gustiana (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 652
ending page: 683
doi: 10.52496/mjhki.v3i2.103

Reinterpreting Classical Islamic Family Law For Sexual Health Education: A Maqāṣid Al-Sharī‘ah-Based Critical Discourse Analysis
type: item
description: This study explores the intersection between classical Islamic family law and sexual health education by analyzing three canonical texts: Fath al-Qarib, Safinat al-Najah, and Uqud al-Lujjayn. While sexual health education has been widely studied within biomedical and rights-based frameworks, its integration with classical Islamic jurisprudence remains limited and fragmented. This study fills a critical gap by systematically analyzing classical fiqh texts as sources of sexual health pedagogy, which has been largely neglected in existing scholarship. Employing a qualitative library-based approach, this research utilizes qualitative content analysis and critical discourse analysis to examine both explicit and implicit dimensions of sexual education within the texts. The analysis is further informed by a maqāṣid al-sharī‘ah perspective and a critical evaluation of gender relations and power structures. The findings show that classical Islamic texts function as normative and pedagogical systems that regulate sexuality through moral discipline, legal boundaries, and implicit ethical instruction. Sexual education is conveyed both explicitly, through marital ethics and conduct, and implicitly, through prohibitions and moral conditioning. However, the study also demonstrates that these texts embed hierarchical gender relations that may limit sexual communication, autonomy, and responsiveness to contemporary sexual health challenges. The study proposes a hybrid ethical-health framework integrating Islamic jurisprudence with contemporary sexual health paradigms. This framework highlights the potential of classical Islamic texts as culturally grounded resources for sexual health education, while emphasizing the need for critical reinterpretation to address issues of gender equity, communication, and reproductive health in modern Muslim societies.
subject: Articles
  topic: section
subject: Islamic Family Law
  topic: keywords
subject: Sexual Health Education
  topic: keywords
subject: Maqāṣid al-Sharī‘ah
  topic: keywords
subject: Gender Relations
  topic: keywords
subject: Classical Texts
  topic: keywords
creator: Widya Sepalanita
creator: Nina Afiani
creator: Muhammad Maymun
creator: Dahrizal Dahrizal
creator: Lindawati Lindawati
rights: Copyright (c) 2025 Widya Sepalanita, Nina Afiani, Muhammad Maymun, Dahrizal, Lindawati (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 684
ending page: 705
doi: 10.52496/mjhki.v3i2.102

Constitutional Safeguards And National Resilience: A Qualitative Analysis of Article 153 In Malaysia’s Multi-Ethnic Society
type: item
description: Article 153 of the Federal Constitution of Malaysia is a vital constitutional instrument in governing a multi-ethnic nation; however, ongoing political and identity dynamics have raised questions regarding its contribution to national resilience. This study aims to analyze the function of Article 153 as a constitutional safeguard in maintaining societal security and Malaysia's national resilience during the 2018–2024 period, while identifying the mechanisms, tensions, and factors influencing its effectiveness. Employing a qualitative approach, the research conducted semi-structured interviews with five experts in constitutional law, ethnic relations, and national security, supplemented by an analysis of policy documents, court rulings, and academic literature, validated through triangulation. The findings reveal that Article 153 contributes to national resilience through four primary mechanisms: the protection of collective Bumiputera identity, affirmative economic redistribution, balanced regional development, and political stabilization via elite consensus. Nevertheless, structural tensions persist between protective measures for Bumiputera and demands for inclusivity from non-Bumiputera communities, which intensified during the 2018–2024 political crises due to the re-securitization of ethnic identity. Comparative analysis with Rwanda, Sri Lanka, India, and South Africa highlights the strengths of the Malaysian model in terms of constitutional entrenchment and the dual protection mechanism involving the constitutional monarchy. The effectiveness of Article 153 fundamentally depends on three determinant factors: government political will, public constitutional literacy, and economic performance that sustains redistribution. This research recommends implementation reforms focused on enhancing constitutional awareness, increasing transparency in need-based affirmative policies, and institutionalizing inter-ethnic dialogue to achieve inclusive and sustainable nationa…
subject: Articles
  topic: section
subject: Article 153
  topic: keywords
subject: National Resilience
  topic: keywords
subject: Societal Security
  topic: keywords
subject: Ethnic Relations
  topic: keywords
subject: Malaysia
  topic: keywords
subject: Affirmative Action
  topic: keywords
subject: Federal Constitution
  topic: keywords
creator: Mohd Hisyamuddin Basabah
creator: Kamarul Zaman Haji Yusoff
creator: Mohamad Isa Abd Jalil
creator: Suddin Lada
creator: Shariff Umar Shariff Abd. Kadir
creator: Debrina Puspita Andriani
rights: Copyright (c) 2025 Mohd Hisyamuddin Basabah, Kamarul Zaman Haji Yusoff, Mohamad Isa Abd Jalil, Suddin Lada, Shariff Umar Shariff Abd. Kadir, Debrina Puspita Andriani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 627
ending page: 651
doi: 10.52496/mjhki.v3i2.101

Qiwāmah And Epistemic Violence: A Critical Socio-Legal Analysis of Gendered Authority In Islamic Family Law
type: item
description: The concept of qiwāmah (male authority) in Q.4:34 remains a central yet contested foundation in Islamic family law, particularly in shaping gender roles and marital authority. While classical and modern tafsir have largely legitimized male leadership, existing scholarship tends to focus on reinterpretation or normative critique, leaving a gap in examining the epistemological structures that produce and sustain patriarchal authority. This study investigates qiwāmah as a site of epistemic violence and analyzes how gendered authority is constructed within Qur’anic exegesis and institutionalized in Islamic family law, particularly in the Indonesian Kompilasi Hukum Islam (KHI). Employing a qualitative approach grounded in critical hermeneutics and socio-legal analysis, the study examines classical, modern, and critical tafsir alongside legal documents. The findings demonstrate that qiwāmah is not a fixed theological doctrine but an epistemic construct shaped through interpretive traditions, juristic reasoning, and legal institutionalization. Patriarchal interpretations are reproduced through the nafaqah ṭā‘ah framework and codified in legal systems, while marginalizing alternative perspectives. This study’s specific contribution lies in advancing epistemic violence as an analytical tool in Qur’anic exegesis, shifting analysis from textual meaning to the structures of knowledge production that sustain legal authority. It further provides a framework for Islamic legal reform, emphasizing the need to reinterpret qiwāmah in light of maqāṣid al-sharī‘ah, particularly justice and human dignity.
subject: Articles
  topic: section
subject: Qiwāmah
  topic: keywords
subject: Epistemic Violence
  topic: keywords
subject: Qur’anic Exegesis
  topic: keywords
subject: Islamic Family Law
  topic: keywords
subject: Gendered Authority
  topic: keywords
creator: Al Fiqri Ardiansyah
creator: Marhamah Annazah Tambunan
creator: Randy Putra Alamsyah
creator: Idrus Afandi Akbar
creator: Nuruddin Nuruddin
rights: Copyright (c) 2025 Al Fiqri Ardiansyah, Marhamah Annazah Tambunan, Randy Putra Alamsyah, Idrus Afandi Akbar, Nuruddin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 605
ending page: 626
doi: 10.52496/mjhki.v3i2.100

Social Egg Freezing in Islamic Law: Conditional Permissibility through a Maqāṣid al-Sharī‘ah and Gender Justice Perspective
type: item
description: This study analyzes the practice of social egg freezing for unmarried women from the perspective of Islamic law and its relevance to maqāṣid al-sharī'ah and gender justice. The phenomenon of modernity has led Muslim women to delay marriage and pregnancy for education and careers, creating tension between professional demands and biological reproductive limitations. This qualitative research employs a library-based method with a normative-theological approach, integrating tafsir, maqāṣid al-sharī'ah, qiyās, and sadd al-dharī'ah. Data were obtained from primary sources including Qur'anic verses, classical and contemporary tafsir works, and authoritative fatwas, supported by modern scientific literature. The findings indicate that social egg freezing can be understood as a form of human agency (ikhtiyar) to preserve reproductive potential while responding to the social realities of modern women. Legally, this practice falls within the framework of the "Conditional Permissibility Doctrine" (al-ibāḥah al-muqayyadah), namely conditional permissibility prioritizing lineage protection (ḥifẓ al-nasl). This permissibility requires use only within a valid marriage, prohibition of donation and surrogacy, medical safety guarantees, and control of lineage mixing risks. From a maqāṣid perspective, this practice relates to the protection of lineage, intellect (ḥifẓ al-'aql), property (ḥifẓ al-māl), and human dignity. Thus, social egg freezing can be positioned as a preventive and adaptive instrument of maṣlaḥah. This study affirms that Islamic law possesses methodological flexibility to respond to biotechnological developments justly and contextually, while strengthening women's position as autonomous legal subjects without disregarding Sharia principles.
subject: Articles
  topic: section
subject: Conditional Permissibility
  topic: keywords
subject: Gender Justice
  topic: keywords
subject: Lineage Protection
  topic: keywords
subject: Maqāṣid Al-Sharī'ah
  topic: keywords
subject: Social Egg Freezing
  topic: keywords
creator: Ridha Aulia
creator: Ilzam Hubby Dzikrillah Alfani
creator: Muhammad Ruhiyat Haririe
creator: Denny Iswanto
creator: Neng Hannah
rights: Copyright (c) 2025 Ridha Aulia, Ilzam Hubby Dzikrillah Alfani, Muhammad Ruhiyat Haririe, Denny Iswanto, Neng Hannah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 546
ending page: 578
doi: 10.52496/mjhki.v3i2.81

Controlled Legal Pluralism: Islamic Family Law Adaptation In Socialist-Secular China
type: item
description: Islamic family law is the legal domain most directly confronted by state legal dominance in modern legal systems, particularly when the state places all family relations under a single formal legal framework. In China, the socialist-secular legal order affirms that marriage, divorce, inheritance, and domestic relations are governed exclusively by the Civil Code of the People’s Republic of China, thereby excluding religious norms from formal recognition as a legal source. Existing studies on Islam and the state in China have largely focused on Muslim minority identity and religious regulation. Yet, they have not sufficiently explained how Islamic family law survives under conditions of legal centralization and strict administrative control. This study aims to analyze the forms of adaptation of Islamic family law within Muslim minority communities in China using a qualitative socio-legal approach, employing normative analysis of national legal regulations, administrative policies, and recent academic literature. The findings show that Islamic family law does not function as a formal legal system but survives through social practices such as religious marriage contracts conducted after civil registration, family mediation based on Islamic values, and inheritance deliberation within domestic spaces. These findings indicate that legal pluralism in China operates in a controlled form, in which religious norms remain socially operative without obtaining formal institutional legitimacy as long as they do not challenge state legal sovereignty. This article contributes to socio-legal scholarship by strengthening the concept of controlled legal pluralism as an analytical model for understanding the survival of Islamic family law in highly centralized non-Muslim states.
subject: Articles
  topic: section
subject: Controlled Legal Pluralism
  topic: keywords
subject: Islamic Family Law
  topic: keywords
subject: Legal Adaptation
  topic: keywords
subject: Socialist-Secular China
  topic: keywords
creator: Agus Irfan
creator: M Saeful Amri
creator: Warsiyah Warsiyah
creator: M Ali Munkhakim
creator: Dian Naeli Sa'adah
rights: Copyright (c) 2025 Agus Irfan, M Saeful Amri, Warsiyah Warsiyah, M Ali Munkhakim (Author); Dian Naeli Sa'adah (Translator) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 579
ending page: 604
doi: 10.52496/mjhki.v3i2.80

The Dynamics of Family Law Reform in Muslim Societies: A Comparative Fiqh Analysis of Gender Justice and Legal Modernization
type: item
description: This study examines the dynamics of family law reform in Muslim societies through a comparative fiqh perspective, with a particular focus on gender justice and legal modernization. The research is motivated by the growing tension between classical Islamic legal doctrines and contemporary demands for equality, especially in the domain of family law, which directly governs gender relations. It aims to analyze how Muslim countries reinterpret Islamic legal principles to accommodate evolving social realities while maintaining normative legitimacy. This research employs a qualitative legal method with a comparative and normative approach. Primary data consist of statutory regulations on family law from selected Muslim-majority countries, including Indonesia, Morocco, and Tunisia, while secondary data are derived from classical fiqh literature, contemporary scholarly works, and international human rights instruments. Data are collected through document analysis and examined using interpretative and comparative analytical techniques grounded in maqāṣid al-sharī‘ah. The findings reveal that reforms in family law across Muslim societies demonstrate a shift from rigid textualism toward contextual and purposive interpretations of Islamic law. Countries adopting progressive reforms tend to integrate gender justice principles by reinterpreting doctrines such as qiwāmah, polygamy, and divorce rights, aligning them with broader objectives of justice, welfare, and human dignity. Moreover, the incorporation of international human rights norms has influenced legal restructuring, although often mediated by local religious and political considerations. In conclusion, the study affirms that the integration of gender justice within Islamic family law is both normatively justifiable and socially necessary, and therefore recommends the adoption of a maqāṣid-based interpretative framework alongside institutional legal reform to ensure a more equitable, adaptive, and sustainable family law s…
subject: Articles
  topic: section
subject: Family Law Reform
  topic: keywords
subject: Gender Justice
  topic: keywords
subject: Contemporary Fiqh
  topic: keywords
subject: Maqāṣid Al-Sharī'Ah
  topic: keywords
creator: Husain Husain
creator: Achmad Lubabul Chadziq
creator: Fitri Sari Setyorini
creator: Nur Faizah
creator: Siti Khadijah Abdullah Sanek
rights: Copyright (c) 2026 Husain Husain, Achmad Lubabul Chadziq, Fitri Sari Setyorini, Nur Faizah, Siti Khadijah Abdullah Sanek (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 143
ending page: 172
doi: 10.52496/mjhki.v4i1.74

Consumer Perceptions of Influencer Authenticity: A Sharia Economic Law Perspective on Generation Z
type: item
description: This study examines how Generation Z consumers in urban Indonesia (West Java) perceive influencer authenticity in online fashion marketing through the lens of Sharia Economic Law. While prior studies have extensively explored influencer authenticity, limited attention has been given to its integration with Islamic legal-ethical principles, particularly within a normative-empirical framework. Moreover, existing research tends to overlook how authenticity is operationalized within Sharia-based ethical boundaries in digital marketing contexts. Addressing this gap, the study draws on fiqh al-muʿāmalāt concepts, including transparency (bayān), honesty (ṣidq), and the prohibition of deception (tadlīs). A qualitative case study approach was employed, involving semi-structured interviews with 20 social media users aged 18–25. Data were analyzed thematically using Braun and Clarke’s (2006) framework with NVivo support. The findings identify five key dimensions of perceived authenticity: transparency and consistency, trustworthiness, relatability (homophily), parasocial interaction, and alignment with Sharia-compliant values. Authenticity functions as a mediating construct linking influencer attributes to consumer trust and ethical judgment. The results further indicate that micro influencers are perceived as more authentic and ethically aligned than celebrity endorsers, while inadequate sponsorship disclosure raises concerns related to gharar and tadlīs. This study contributes theoretically by proposing an integrated authenticity framework grounded in Sharia Economic Law, extending existing influencer marketing literature beyond secular perspectives. As a research implication, it highlights the need to reconceptualize authenticity as a legally and ethically bounded construct in digital marketing contexts. Practically, the findings inform the development of transparent and Sharia-compliant marketing strategies in Muslim-majority markets.
subject: Articles
  topic: section
subject: Influencer Marketing
  topic: keywords
subject: Authenticity
  topic: keywords
subject: Sharia Economic Law
  topic: keywords
subject: Consumer Trust
  topic: keywords
subject: Transparency
  topic: keywords
subject: Generation Z
  topic: keywords
creator: Nurhilalia Nurhilalia
creator: Muhammad Yusuf
creator: Firman Menne
creator: Yulia Yunita Yusuf
rights: Copyright (c) 2025 Nurhilalia Nurhilalia (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 490
ending page: 507
doi: 10.52496/mjhki.v3i2.73

The Erosion of Customary Authority and The Riset of Local Ulama In The Normalization of Unregistered Marriages In Indonesian Muslim Communities
type: item
description: This study examines the erosion of customary authority and the repositioning of local clerics in legitimizing unrecorded marriage in the Indonesian Muslim community in the context of legal pluralism and modernization. The research is directed to understand how the relationship between customary institutions, religious authorities, and state law reshapes the legitimacy of marriage and legal awareness in contemporary Islamic family law. This study uses a qualitative socio-legal approach based on legal anthropology and sociology of religion, with a comparative case study design on several Muslim communities in Indonesia where the practice of marriage is not recorded as still persisting. Data were collected through in-depth interviews, document analysis, and limited participatory observation. The results show that customary authorities are weakened due to modernization, bureaucratization of marriage administration, migration, generational change, and declining effectiveness of collective sanctions. In this situation, local clerics increasingly occupy a central position as determinants of the legitimacy of marriage through mosque-based authority, religious education networks, and moral leadership. This configuration gives birth to a layered legal landscape, where state law, customary practices, and religious norms coexist unequally, so that social legitimacy by scholars can outweigh weakened customary sanctions and uneven enforcement of state law. This study concludes that the normalization of marriage is not just an administrative failure, but a manifestation of a shift in normative authority in Indonesia's plural legal order. In practice, the study recommends strengthening cooperation between state institutions, indigenous actors, and scholars to improve marriage registration, strengthen legal awareness, and protect the rights of women, children, and families.
subject: Articles
  topic: section
subject: Unregistered Marriage
  topic: keywords
subject: Customary Authority
  topic: keywords
subject: Local Ulama
  topic: keywords
subject: Legal Pluralism
  topic: keywords
subject: Muslim Family Law
  topic: keywords
creator: Safrin Salam
creator: Nurul Miqat
creator: Risma Yulestari
creator: Ibrahim Kayode Muhammed
creator: Callistus Odeh
rights: Copyright (c) 2026 Safrin Salam, Nurul Miqat, Risma Yulestari, Ibrahim Kayode Muhammed, Callistus Odeh (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 351
ending page: 375
doi: 10.52496/mjhki.v4i1.72

Reconceptualizing Stage-Based Legal Proceedings: A Comparative Analysis of European Models and Judicial Reform in Ukraine
type: item
description: This paper examines the stage-based approach to the organization of legal proceedings in the justice systems of Europe and Ukraine. Staging is understood as a procedural framework that structures judicial activity into successive phases, ensuring fairness, transparency, and efficiency of the trial process. The study analyses key stages of legal proceedings, including pre-trial investigation, preparatory procedures, trial, and appellate review, highlighting their role in protecting procedural rights and upholding the rule of law. Using a comparative legal approach, the research explores the practices of Germany, the United Kingdom, France, Italy, and Spain to identify common features and differences in stage-based models. Particular attention is given to the influence of European legal standards and international judicial practice on national systems, as well as to the challenges of adapting these approaches in Ukraine. The paper identifies major shortcomings in the Ukrainian judicial process, such as inefficiencies in pre-trial investigation and limited effectiveness of judicial control. The findings show that a well-structured stage-based system enhances legal certainty and the protection of human rights. The study concludes that Ukraine should develop a functionally effective procedural model based on European best practices while considering national legal realities.
subject: Articles
  topic: section
subject: Court
  topic: keywords
subject: Judicial Reform
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: Legal Consciousness of Judges
  topic: keywords
subject: Rule of Law
  topic: keywords
creator: Ihor Bychkov
creator: Yevhen Romanchenko
creator: Anatolii Petrenko
creator: Ivan Kaylo
creator: Andrii Svintsytskyi
rights: Copyright (c) 2026 Ihor Bychkov, Yevhen Romanchenko, Anatolii Petrenko, Ivan Kaylo, Andrii Svintsytskyi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 202
ending page: 226
doi: 10.52496/mjhki.v4i1.69

Reinforcing Halal Supply Chain Legitimacy: A Juridical Analysis of MUI Fatwa on Porcine Blood Based Animal Feed
type: item
description: This study aims to analyze the position of MUI Fatwa Number 08/Ijtima' Ulama/VIII/2024 in determining the halal status of livestock that consume feed containing pig's blood and its implications for strengthening the halal food supply chain in Indonesia. This issue is important because the use of pig blood meal in the feed industry creates legal uncertainty and has the potential to reduce consumer confidence in halal products. The research uses a descriptive qualitative method with a normative juridical approach, based on secondary data in the form of related fatwas and halal product assurance regulations. The results of the study show that the fatwa provides strict normative provisions regarding the halalness of animal products, especially through the affirmation that animal feed must meet halal standards. This fatwa also strengthens the aspects of accountability and transparency in the halal certification system, especially in the upstream sector of the supply chain. In addition, the implementation of fatwas contributes to increasing the effectiveness of supervision and public trust in the integrity of halal products. The implications of this study show that fatwas have a strategic role in supporting the strengthening of regulations by BPJPH, especially related to the obligation of halal certification on animal feed. For LPH, these findings provide operational guidelines in improving the accuracy of product audits and testing. Overall, the integration of fatwas into the halal supply chain system has been proven to strengthen the legitimacy, consistency, and sustainability of the halal industry in Indonesia.
subject: Articles
  topic: section
subject: Fatwa
  topic: keywords
subject: Indonesian Ulama Council (MUI)
  topic: keywords
subject: Supply Chain
  topic: keywords
subject: Halal Food
  topic: keywords
creator: Abdul Rachman
creator: Muhammad Ikhlas Rosele
creator: Muhammad Safwan Harun
creator: Akbar Sarif
creator: Imamuddin Imamuddin
rights: Copyright (c) 2026 Abdul Rachman, Muhammad Ikhlas Rosele, Muhammad Safwan Harun (Author); Akbar Sarif (Translator); Imamuddin Imamuddin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 283
ending page: 314
doi: 10.52496/mjhki.v4i1.68

The “Cek Khodam” Phenomenon on Tiktok In Online Media Discourse: An Islamic Legal Perspective
type: item
description: This study examines the “Cek Khodam” phenomenon on TikTok by analyzing its construction in online media discourse and its implications from an Islamic legal perspective. Existing studies on digital culture tend to emphasize virality and user engagement, while limited attention has been given to how mystical digital content is framed in the media and evaluated through Islamic jurisprudence, indicating a significant research gap. This research employs a qualitative approach using library research, with data drawn from online news articles published in Indonesian media during June–July 2024. The study applies Robert N. Entman’s framing model to explore how the phenomenon is defined, interpreted, and morally evaluated in digital narratives. The findings reveal that “Cek Khodam” is framed as both entertainment and controversy, reflecting the commodification of spiritual beliefs in digital culture. From an Islamic legal perspective, the phenomenon raises concerns related to gharar, deception, and unverifiable spiritual claims. These practices can be critically examined through sadd al-dharī‘ah and contradict the objectives of maqāṣid al-sharī‘ah, particularly in preserving intellect and faith. This study contributes by integrating media framing analysis with ushul fiqh, offering a novel framework for regulating digital religious content.
subject: Articles
  topic: section
subject: Cek Khodam
  topic: keywords
subject: Framing Analysis
  topic: keywords
subject: Online Media Discourse
  topic: keywords
subject: Islamic Legal Perspective
  topic: keywords
subject: TikTok
  topic: keywords
creator: Qudratullah Qudratullah
creator: Putri Diesy Fitriani
creator: Mizanurafi’ Ghifarhadi Prasiefa
creator: Syamsinar Syamsinar
creator: Mohammad Harith Amlus
rights: Copyright (c) 2025 Qudratullah Qudratullah, Putri Diesy Fitriani, Mizanurafi’ Ghifarhadi Prasiefa, Syamsinar Syamsinar (Author); Mohammad Harith Amlus (Translator) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-30
publication date: 2025-12-30
starting page: 465
ending page: 489
doi: 10.52496/mjhki.v3i2.66

Islamic Inheritance Law In Indonesia and Malaysia: Gender Equality Through Consensual Modification
type: item
description: Islamic inheritance law prescribes a two-to-one ratio between male and female heirs, yet contemporary socioeconomic transformations have prompted scholarly inquiry into possibilities for gender-equitable distribution. This study examines how Indonesia and Malaysia, as the largest Muslim-populated Southeast Asian nations, approach consensual modification of inheritance shares to achieve equality between male and female offspring. This research employs a qualitative comparative normative approach, examining primary legal materials including the Indonesian Compilation of Islamic Law, Malaysian state-level Islamic inheritance enactments, Quranic provisions, and scholarly jurisprudential literature. The analysis utilizes maqasid al-shariah (objectives of Islamic law) as the theoretical framework to evaluate both legal systems. Indonesia offers significant flexibility through Article 183 of the Compilation of Islamic Law, which permits heirs to reach consensual agreements for share equalization at the initial distribution stage, reflecting the cultural emphasis on musyawarah (deliberation). Conversely, Malaysia maintains formal faraid compliance, allowing consensual modifications only after Syariah Court completion of formal share determination through mechanisms such as taksim taradi. The divergent approaches reflect different jurisprudential orientations: Indonesia prioritizes adaptive interpretation responsive to social dynamics, while Malaysia emphasizes preservation of classical calculations. Both systems maintain the two-to-one ratio as baseline while accommodating practical flexibility through different mechanisms, demonstrating that justice in Islamic inheritance is contextual and can align legal outcomes with contemporary family welfare without abandoning foundational principles.
subject: Articles
  topic: section
subject: Islamic Inheritance Law
  topic: keywords
subject: Heir Consensu
  topic: keywords
subject: Comparative Legal Analysis
  topic: keywords
subject: Gender Equality
  topic: keywords
subject: Southeast Asia
  topic: keywords
creator: Oman Sudrajat
creator: Wasehudin Wasehudin
creator: Itang Itang
creator: Yuyun Rohmatul Uyun
creator: Hadi Peristiwo
rights: Copyright (c) 2026 Oman Sudrajat, Wasehudin Wasehudin, Itang Itang, Yuyun Rohmatul Uyun, Hadi Peristiwo (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 227
ending page: 251
doi: 10.52496/mjhki.v4i1.64

AI-Legislation in Indonesian Legal System: A Legal Analysis and Reformulation of AI-Based Legislative Planning
type: item
description: This study aims to find out and analyze the potential use of AI at the pre-drafting stage of law, as well as formulate an initial model of AI integration as an initial testing mechanism for proposed regulations before being included in the National Legislation Program (Prolegnas) and Regional Legislation Program (Prolegda). The study offers novelty through the concept of AI-Legislation, an artificial intelligence-based system designed to automatically and predictively test the feasibility of legal substance before entering the regulatory drafting stage. This research uses a juridical-normative approach that is developed in a reflective-critical manner. Primary data is obtained through laws and regulations, judicial decisions, as well as Prolegnas and Prolegda documents. Meanwhile, secondary data is in the form of scientific articles (journals), books, and other literature materials. The data analysis techniques used are descriptive-critical with a framework analysis approach to build a conceptual framework of AI-Legislation in three layers, namely automatic analysis, policy prediction, and institutional integration. The research findings show that AI can help in mapping regulatory needs, detecting legal conflicts, and harmonizing norms with greater precision. AI-Legislation fundamentally shows a paradigm shift from the classical legislative model to smart-modern legislation. AI implementation faces challenges in terms of digital infrastructure readiness, technological literacy among government officials, and legal validity of AI recommendations. Therefore, the study recommends the integration of the AI testing phase as an initial requirement in the legislative planning process, as well as the need to establish national governance and regulations governing the use of AI in the legislative regulatory development cycle.
subject: Articles
  topic: section
subject: Artificial Intelligence
  topic: keywords
subject: Legislation
  topic: keywords
subject: Law-making
  topic: keywords
subject: Legal Instruments
  topic: keywords
subject: Empirical-Normative Method
  topic: keywords
subject: Regulatory Reform
  topic: keywords
creator: Jefry Tarantang
creator: Ibnu Elmi A.S. Pelu Pelu
creator: Doli Witro
creator: Maimunah Maimunah
creator: Ajeng Hijratul Aulia
rights: Copyright (c) 2026 Jefry Tarantang, Ibnu Elmi A.S. Pelu Pelu, Doli Witro, Maimunah Maimunah, Ajeng Hijratul Aulia (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-05
publication date: 2026-05-05
starting page: 467
ending page: 495
doi: 10.52496/mjhki.v4i1.63

Women as Breadwinners and the Transformation of Roles in the Muslim Family: Evidence from Urban South Sulawesi
type: item
description: This study examines the role of wives as family breadwinners from the perspective of normative Islam and contemporary social realities. The study employs a qualitative approach with an interdisciplinary framework that combines normative Islamic legal analysis and sociological perspectives. Primary data were collected through interviews and observations of 12 families in the Pao-Pao Permai Complex, Gowa, South Sulawesi. To date, research in Indonesia has been dominated by normative-doctrinal approaches and has not extensively examined family livelihood practices from an empirical and sociological perspective. The findings reveal four patterns of family breadwinners: (1) both husband and wife work and share financial responsibilities equally; (2) both partners work, but the wife contributes more significantly to household income; (3) the husband acts as the primary breadwinner while the wife focuses on household responsibilities; and (4) the wife becomes the sole breadwinner, particularly in single-parent households or when the husband lacks stable employment. This study demonstrates that the husband’s role as the sole provider is not an absolute theological obligation but rather a sociological phenomenon shaped by historical and social contexts. Thus, women also possess the capacity and legitimacy to assume the role of family breadwinner in accordance with contemporary socioeconomic conditions. This research contributes to the development of Islamic family law by offering a reinterpretation of the concept of maintenance based on maqāṣid al-sharī‘ah, which emphasises the welfare and justice of the family. This study affirms that a flexible division of maintenance can be justified within the framework of Islamic law, thus necessitating a more contextual approach to family law.
subject: Articles
  topic: section
subject: Family Livelihood
  topic: keywords
subject: Gender Roles
  topic: keywords
subject: Islamic Family Law
  topic: keywords
subject: Family Sociology
  topic: keywords
subject: Female Breadwinners
  topic: keywords
creator: Nadyatul Hikmah Shuhufi
creator: Muh Zaitun Ardi
creator: Fatmawati Fatmawati
creator: Muhammad Shuhufi
creator: Zezen Zainul Ali
rights: Copyright (c) 2026 Nadyatul Hikmah Shuhufi, Muh Zaitun Ardi, Fatmawati, Muhammad Shuhufi, Zezen Zainul Ali (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 173
ending page: 201
doi: 10.52496/mjhki.v4i1.61

Recontextualizing Article 97 of the Indonesian Compilation of Islamic Law: A Maqasid-Based Analysis of Judicial Practices in Joint Property Disputes
type: item
description: Article 97 of the Compilation of Islamic Law (KHI) stipulates that if a marriage ends due to divorce, each surviving widow or widower is entitled to half (50%) of the joint property, unless otherwise stipulated in the marriage agreement. This study aims to review (recontextualize) the application of Article 97 of the KHI from a justice perspective, particularly in cases where the husband and wife's contributions to the acquisition of property are unequal, or where one party (particularly the wife) bears a double burden. The research method used is normative legal research with a conceptual approach and a case-based approach (judgment decisions). The results indicate that the rigid application of Article 97 of the KHI (equal division) often results in substantive injustice, particularly when the wife acts as the primary breadwinner or a housewife who works hard beyond basic obligations while the husband is negligent. Recontextualization of this article is necessary by shifting the paradigm from "equal distribution" (equality of portion) to "division based on real contribution" (proportional justice) and the principle of Maqasid Sharia (benefit). Supreme Court Judge Decision No. 266 K/AG/2010 provides the basis for the division of joint assets not necessarily being 50:50, but rather taking into account the extent of each party's contribution to the acquisition of the joint assets.
subject: Articles
  topic: section
subject: Recontextualization
  topic: keywords
subject: Article 97 of the Compilation of Islamic Law
  topic: keywords
subject: Joint Assets
  topic: keywords
subject: Proportional Justice
  topic: keywords
subject: Maqasid Sharia
  topic: keywords
creator: Supian Daelani
creator: Wasman Wasman
creator: Sugianto Sugianto
creator: Samsudin Samsudin
creator: Randy Vallentino Neonbeni
rights: Copyright (c) 2026 Supian Daelani, Wasman Wasman, Sugianto Sugianto, Samsudin Samsudin, Randy Vallentino Neonbeni (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 91
ending page: 115
doi: 10.52496/mjhki.v4i1.60

The Implementation of Descente in Hadhanah Disputes: A Juridical and Child Psychological Perspective in Religious Courts
type: item
description: This study aims to analyze juridically the implementation of descente (local examination) in influencing judges' consideration of child custody disputes (hadhanah) in the Religious Court by focusing on the psychological perspective of the child. The main problem lies in the limitations of the descente function, which is classically oriented to material matters, but in practice it is beginning to be used to assess the child's parenting and emotional relationships. This study uses a qualitative method with an empirical juridical approach through literature studies, decision analysis, and in-depth interviews with judges. The data were analyzed by examining the suitability of descente practices to Islamic civil procedure law and its relevance to the psychological needs of children, such as a sense of security, emotional closeness, and developmental stages. The results of the study show that descente plays a strategic role in enriching the judge's consideration base because it is able to present the reality of children's lives that are not fully revealed through formal evidence. The child's psychological perspective also emphasizes the urgency of descent as an instrument to actualize the principle of the best interest of the child. However, it was found that there were variations in the intensity, quality, and integration of descent results into the consideration of the decision, which had implications for the inconsistency of the application of child protection principles. Thus, this study recommends strengthening normative guidelines through Supreme Court regulations and increasing the capacity of judges in understanding aspects of child psychology so that the implementation of descente is more optimal as an instrument to protect children's rights and welfare in hadhanah cases.
subject: Articles
  topic: section
subject: Descent
  topic: keywords
subject: Hadhanah
  topic: keywords
subject: The Best Interests of The Child
  topic: keywords
subject: Child Psychology
  topic: keywords
creator: Barkah Ramdhani
creator: Wasman Wasman
creator: Sugianto Sugianto
creator: Edy Setyawan
creator: Khiyaroh Khiyaroh
rights: Copyright (c) 2026 Barkah Ramdhani, Wasman Wasman, Sugianto Sugianto, Edy Setyawan, Khiyaroh Khiyaroh (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 116
ending page: 142
doi: 10.52496/mjhki.v4i1.59

The Legal Protection of Genetic Resources Associated with Traditional Knowledge in Indonesia: Juridical Implications of the GRATK Treaty
type: item
description: This study aims to analyze the legal consequences of Indonesia’s ratification of the GRATK agreement on the patent framework. As is known, the recognition and protection of Intellectual Property Rights (IPR) has undergone rapid development, especially communal IPR such as the protection of genetic resources and traditional knowledge, which demand fair and adequate legal protection for all parties. The emergence of unfair practices in the use, commercialization (biopiracy), and restriction of ownership of traditional knowledge through IPR instruments has created a conflict of interest between the owners of traditional knowledge and those who develop and commercialize it. This research focuses on the legal protection of traditional knowledge through the international agreement, the GRATK Treaty, which the Indonesian government has signed, and its legal consequences. This study uses normative legal research, analyzing Law No. 65 of 2024 concerning Patents and the 2024 GRATK Treaty as the main sources. The results of the study show that the GRATK agreement provides a fair framework for the recognition and legal protection of genetic resources, as desired by countries that own genetic resources in a world dominated by developing countries. However, the study also argues that while the GRATK Agreement and its incorporation into Indonesian patent law represent significant progress, their effective implementation requires comprehensive regulatory harmonization and the development of sui generis mechanisms to protect communal intellectual property, thereby safeguarding the national interest in genetic resources and traditional knowledge.
subject: Articles
  topic: section
subject: Communal Intellectual Property
  topic: keywords
subject: GRATK Treaty
  topic: keywords
subject: Traditional Knowledge
  topic: keywords
creator: Yuliati Yuliati
creator: Agung Sudjatmiko
creator: Moh. Fahrial Amrulla
rights: Copyright (c) 2026 Yuliati Yuliati, Agung Sudjatmiko, Moh. Fahrial Amrulla (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-05
publication date: 2026-05-05
starting page: 496
ending page: 519
doi: 10.52496/mjhki.v4i1.56

Justice and Agreement in Islamic Inheritance Distribution: An Analysis of Religious Court Decisions in Indonesia
type: item
description: This research departs from the debate on the tension between normative inheritance division (faraidh) and the demands of substantive justice in contemporary Muslim family dynamics. The main problem of this research is how the principle of justice is manifested in the distribution of inheritance based on mutual agreement (ash-shulhu) and how it is implemented in the practice of religious justice. This study uses normative-empirical legal methods with legislative, conceptual, and case study approaches to practices in the Religious Court. The findings of the study show that the principle of justice in inheritance agreements is built on the principles of voluntariness, willingness, equality of rights, and benefits, which are substantively in line with the values in the Compilation of Islamic Law (KHI). In practice, the implementation of inheritance agreements is carried out through mediation mechanisms in contentious cases or through reinforcement by judges in the form of decisions or determinations, as long as it does not violate sharia principles and the absolute rights of heirs. This approach has proven effective in preventing protracted conflict and creating more contextual justice. This study contributes to the debate on the reconciliation between normative Islamic inheritance law and considerations of sociological justice in contemporary Muslim society. Theoretically, this study emphasizes that the concept of justice in Islamic inheritance law is not rigid, but adaptive through an agreement mechanism that remains in the sharia corridor. The recommendation of this study is the need to strengthen the role of mediation and more explicit judicial guidelines in accommodating substantive justice-based inheritance agreements in the religious justice environment.
subject: Articles
  topic: section
subject: Substantive Justice
  topic: keywords
subject: Islamic Inheritance Law
  topic: keywords
subject: Ash-Shulhu
  topic: keywords
subject: Religious Courts
  topic: keywords
creator: Panji Nugraha Ruhiat
creator: Ah. Fathonih
creator: Siah Khosyi’ah
creator: Syamsuddin RS
creator: Nadia Safira Firdaus
rights: Copyright (c) 2025 Panji Nugraha Ruhiat, Ah. Fathonih, Siah Khosyi’ah, Syamsuddin RS, Nadia Safira Firdaus (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 508
ending page: 545
doi: 10.52496/mjhki.v3i2.57

Reconstructing The Regulatory Framework of Stock Waqf In Indonesia’s Sharia Capital Market: Institutional And Sustainability Perspectives
type: item
description: The institutional framework and sustainability of waqf in Indonesia hold immense potential for supporting the social and economic development of the Muslim community. However, despite its promise, the sector remains fragmented, and its utilization has not yet been optimized due to the lack of specific legal regulations governing stock waqf. This study analyzes the regulatory framework for stock waqf from the perspectives of institutionalization and sustainability in Indonesia. Employing a qualitative method through normative legal research using a conceptual approach, this study examines the reconstruction of stock waqf from the perspectives of institutionalization and sustainability in Indonesia. The research findings emphasize the need for legal reconstruction regarding the institutional framework and sustainability of stock waqf to integrate collaborative legal regulations among the Indonesia Stock Exchange, the Financial Services Authority, and the Indonesian Waqf Board, as well as to strengthen Islamic financial literacy. Collaborative legal regulation is not only necessary for operational effectiveness but also to integrate waqf into a modern economic framework, including the integration of digital governance systems and the strengthening of electronic nazhir certification systems without compromising their ethical foundations. Recommendations include strengthening specific legal regulations for stock waqf, fostering synergy between the government and religious authorities, and implementing collaborative legal integration among the Indonesia Stock Exchange, the Financial Services Authority, and the Indonesian Waqf Board. These findings contribute to the reconstruction of the endowment system from an institutional perspective and to the sustainability of endowments that are responsive to national socioeconomic needs and the needs of the endowment itself.
subject: Articles
  topic: section
subject: Regulatory Of Stock Waqfs
  topic: keywords
subject: Sharia Capital Market
  topic: keywords
subject: Sustainability
  topic: keywords
subject: Institutional
  topic: keywords
creator: Paisal Rahmat
creator: Ilham Putra Usmayani
creator: Syamratun Nurjannah
creator: Haris Maiza Putra
creator: Jureid Jureid
rights: Copyright (c) 2026 Paisal Rahmat, Ilham Putra Usmani, Syamratun Nurjannah, Haris Maiza Putra, Jureid Jureid (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 315
ending page: 332
doi: 10.52496/mjhki.v4i1.55

From Taboo to Negotiated Tradition: Marriage During Muharram in Gunungkidul within Islamic Family Law Context
type: item
description: This study addresses the gap between normative Islamic legal perspectives, which deny any prohibition of marriage in certain months, and socio-cultural practices that maintain marriage taboos in Javanese society. It aims to explain how Javanese traditions interpret marriage during the month of Muharram and to identify the factors that drive the negotiation of this taboo. This research is a field study with a qualitative socio-legal approach conducted in Gunungkidul Regency. Data were collected through in-depth interviews with ten informants, including six individuals who married during Muharram, two marriage guardians, and two officials from the Office of Religious Affairs. Data were analyzed using the Miles and Huberman model and interpreted through Bronfenbrenner’s ecological systems theory. The findings reveal that decisions to marry during Muharram are influenced by practical family considerations, religious understanding, and institutional legitimacy. These factors indicate that the Muharram marriage taboo has not disappeared but has been reinterpreted as a negotiable cultural practice. Theoretically, this study contributes to Islamic family law by demonstrating that legal norms interact dynamically with social and cultural systems, in which local traditions may function as ‘urf that is continuously negotiated within the framework of Islamic law. Therefore, this study recommends strengthening context-based Islamic legal education grounded in maqāṣid al-sharī‘ah to distinguish between normative religious teachings and culturally constructed beliefs.
subject: Articles
  topic: section
subject: Marriage Taboo
  topic: keywords
subject: Muharram Mariage
  topic: keywords
subject: Socio-Ecological System
  topic: keywords
subject: Javanese Tradition
  topic: keywords
subject: Cultural Transformation
  topic: keywords
creator: Muhammad Royhan Assaiq
creator: Siti Muna Hayati
creator: Agus Suprianto
creator: Ibnu Aqil
creator: Hanin Yumna
rights: Copyright (c) 2026 Muhammad Royhan Assaiq, Siti Muna Hayati, Agus Suprianto, Ibnu Aqil, Hanin Yumna (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 68
ending page: 90
doi: 10.52496/mjhki.v4i1.53

Reconceptualizing Marital Seizure as a Gendered Safeguard in Indonesia’s Religious Courts
type: item
description: The protection of women’s economic rights in marital property disputes within Indonesia’s Religious Courts remains problematic, particularly due to the risk of asset dissipation during divorce proceedings and the limitations of procedural safeguards. This study examines the interpretation and application of marital seizure (sita marital) as a legal mechanism to secure women’s property rights, while also identifying disparities in judicial decision-making. Employing a qualitative socio-legal approach, this research analyzes 42 court decisions issued between 2018 and 2023, sourced from the Indonesian Supreme Court database. Data were analyzed through qualitative content analysis focusing on judicial reasoning, evidentiary standards, and gender-related considerations. The findings reveal three dominant judicial patterns: approval, rejection, and partial approval of marital seizure requests. These variations are largely influenced by inconsistent evidentiary thresholds and the broad scope of judicial discretion. Although a small number of decisions demonstrate gender-sensitive reasoning aligned with feminist legal theory and maqāṣid al-sharīʿa (ḥifẓ al-māl), most rulings remain procedurally formalistic, which tends to disadvantage women, particularly those lacking access to financial documentation. This study argues that marital seizure constitutes a potentially effective yet inconsistently applied procedural safeguard. It reconceptualizes marital seizure as a gender-responsive legal instrument and underscores the urgency of doctrinal reform, the establishment of standardized evidentiary guidelines, and the integration of gender-sensitive judicial approaches. These measures are essential to ensuring substantive equality and strengthening the protection of women’s economic rights in marital property disputes.
subject: Articles
  topic: section
subject: Marital Seizure
  topic: keywords
subject: Women’s Rights
  topic: keywords
subject: Judicial Disparities
  topic: keywords
subject: Socio-Legal Analysis
  topic: keywords
subject: Religious Courts
  topic: keywords
creator: Thamer Hamdi M. Almutairi
creator: JM. Muslimin
creator: Siebel R. Mayuk
creator: Al Fiqri Ardiansyah
creator: Nabilah Yusof
rights: Copyright (c) 2026 Thamer Hamdi M. Almutairi, JM. Muslimin, Siebel R. Mayuk, Al Fiqri Ardiansyah, Nabilah Yusof (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-05
publication date: 2026-05-05
starting page: 432
ending page: 466
doi: 10.52496/mjhki.v4i1.52

Da'wah Strategy of the Sunda Kelapa Taklim Council as a Non-State Actor in the Socialization of Islamic Family Law in Jakarta
type: item
description: This study aims to analyze the role of the Sunda Kelapa Taklim Council as a non-state actor in the socialization of Islamic family law in Jakarta. Based on a qualitative descriptive approach with a case study design, this study examines how da'wah strategies are designed and implemented to transform family fiqh norms into the religious consciousness of urban communities. The focus of the research includes the material presented, delivery methods, communicative approaches, and the use of media in da'wah activities related to marriage issues, marital relations, divorce, and child care. Data was obtained through interviews, participatory observations, and documentation of the administrators, ustadz, and worshippers of the Sunda Kelapa Taklim Council centered at the Sunda Kelapa Grand Mosque. The results of the study show that the da'wah strategy functions as an effective instrument for socializing Islamic family law in shaping the normative awareness of the congregation. The substance of family law is conveyed in a normative-theological, ethical-social, and practical framework, so that it is not only understood as a formal rule, but as a spiritual mandate and moral guideline in domestic life. As a non-state actor, the taklim assembly does not have formal juridical authority like state institutions, but it plays a significant role in building moral legitimacy, providing a space for non-formal consultation before the litigation process, and bridging fiqh norms with national regulations and the realities of urban life. These findings confirm that the development of Islamic family law in Indonesia takes place through the interaction between the formal structure of the state and the dynamics of religious civil society that shape the understanding and practice of law at the social level.
subject: Articles
  topic: section
subject: Da'wah Strategy
  topic: keywords
subject: Taklim Council
  topic: keywords
subject: Non-State
  topic: keywords
subject: Islamic Family Law
  topic: keywords
creator: Nupzahtusaniya Nupzahtusaniya
creator: Andi Faisal Bakti
creator: Yerik Tungatarov
creator: Nurrohim Nurrohim
rights: Copyright (c) 2026 Nupzahtusaniya Nupzahtusaniya, Andi Faisal Bakti, Yerik Tungatarov, Nurrohim Nurrohim (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-05
publication date: 2026-05-05
starting page: 410
ending page: 431
doi: 10.52496/mjhki.v4i1.50

Regulatory Challenges and Social Dynamics of Online Notary Practices: A Comparative Legal Study of Indonesia and Malaysia
type: item
description: This study examines the social challenges and technology adoption processes in online notarial practices in Indonesia and Malaysia during and after the COVID-19 pandemic. The study employed a qualitative approach, involving in-depth interviews and document analysis. The analysis tool used was NVivo 12 Plus for coding optimization. The novelty of this study lies in its cross-country comparative analysis, specifically examining the interrelationships between social dynamics, digitalization, and legal challenges in online notarial practices in Indonesia and Malaysia during and after the COVID-19 pandemic, a previously unstudied approach. The main findings of this study indicate that the transformation of notarial practices in Indonesia and Malaysia after the COVID-19 pandemic was significantly influenced by the interaction between social dynamics, digital literacy levels, and legal regulatory readiness. Indonesia faces challenges such as legal uncertainty, gaps in access to technology, and low trust in digital services. At the same time, Malaysia has demonstrated faster adaptation due to a clearer regulatory framework and greater acceptance of technology. Differences in legal systems (civil law and common law) also shape the flexibility with which online notarial practices can respond to digitalization, thereby affecting the validity, legitimacy, and sustainability of online notarial practices in both countries. The digital transformation of notarial practice demands greater legal certainty through clear, adaptable regulations to ensure the validity, security, and legitimacy of online notary services. Therefore, harmonizing cybernotary regulations and strengthening digital governance are necessary to ensure that technological innovation aligns with fundamental legal principles.
subject: Articles
  topic: section
subject: Online Notary
  topic: keywords
subject: Technology Adoption
  topic: keywords
subject: Digital Transformation
  topic: keywords
subject: Legal Framework
  topic: keywords
subject: Regulatory Challenges
  topic: keywords
subject: Cyber Notary Governance
  topic: keywords
creator: Satrio Abdillah
creator: Norhasliza Ghapa
creator: Maheran Makhtar
rights: Copyright (c) 2026 Satrio Abdillah, Norhasliza Ghapa, Maheran Makhtar (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: 376
ending page: 409
doi: 10.52496/mjhki.v4i1.46

The Problem of Legal Balance Regarding The Rights and Obligations of Husband and Wife From The Perspective of Misyâr Marriage (Mîtsâqan Ghalîẓa) on Marriage Law
type: item
description: In this study focuses on legal issues regarding the balance of rights and obligations of husband and wife in misyâr marriage. Misyâr marriage as a form of marriage in which one party promises to release obligations as husband or wife in their marriage, In this marriage model it can result in the non-implementation of the form of marriage prescribed by Islam and state law in the Marriage Law, where the essence of marriage is the physical and spiritual bond of mîtsâqan ghalîẓa (مِيْثَاقًا غَلِيْظًا) between the two parties to live life to become a Sakinâh, mawâdah wa rohmâh family. In the legal and sociological approach to society, that in marriage the essence of the parties carrying out their rights and obligations as husband and wife, so that the balance in marriage. Law No. 1 of 1974 concerning Marriage which emphasizes the nature of marriage on the rights and obligations between the parties, so that, the rights and obligations cannot be released without a reason, while in misyâr marriage, releasing one of its obligations without a sharia reason. In Indonesian society in general, in order to maintain balance, Sighat Ta'liq is often used as a basis for maintaining the relationship between husband and wife in order to maintain balance in the existing marriage, so that the goal of marriage that is Sakinâh, mawâdah wa rohmâh, can be achieved if the balance is realized in the representation in the relationship between husband and wife. In this article aims to analyze in depth the misyâr marriage as a form of deliberate release of obligations without a sharia reason. in this study using qualitative methods and legal approaches in this study, where the perspective on the legal framework of mîtsâqan ghalîẓa and the legal paradigm in Islamic law and marriage law.
subject: Articles
  topic: section
subject: Misyār Marriage
  topic: keywords
subject: Rights and Obligations of Spouses
  topic: keywords
subject: Legal Balance in Marriage
  topic: keywords
subject: Islamic Marriage Law
  topic: keywords
creator: Fatkhul Muin
creator: Ahmad Ahmad
creator: Eki Furqon
creator: Nizla Rohaya
rights: Copyright (c) 2026 Fatkhul Muin, Ahmad Ahmad, Eki Furqon, Nizla Rohaya (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 19
ending page: 42
doi: 10.52496/mjhki.v4i1.47

Reconstructing Sharia Competent Notarial Authority in Indonesia: Legal Pluralism and Gender Justice in Islamic Family Law
type: item
description: This study examines the structural position of notarial authority within Indonesia’s plural Islamic family law system, particularly the tension between formal authenticity under civil law and substantive compliance with Islamic legal principles. In practice, notarial deeds in family matters such as marriage agreements, inheritance arrangements, and marital property settlements possess strong evidentiary value, yet their conformity with Islamic legal norms is not always ensured in Religious Court adjudication. Despite the growing involvement of notaries in family-related legal documentation, limited scholarship has addressed the institutional gap between civil notarial authority and Sharia compliance standards in Indonesia’s Islamic family law governance. This study therefore investigates how Religious Courts assess notarial deeds in Islamic family law disputes and what regulatory framework is required to ensure both legal validity and Sharia compliance. Using a qualitative normative–doctrinal approach, the research analyzes statutory regulations alongside selected Religious Court decisions from 2019–2023. The findings reveal a regulatory and professional competency gap: although notaries are authorized to draft authentic deeds, courts frequently conduct substantive review to evaluate Sharia compliance, gender implications, and distributive justice. Theoretically, this study contributes to socio-legal scholarship on Islamic legal pluralism by conceptualizing a model of Sharia-Competent Notarial Authority integrating maqāṣid al-sharīʿah and gender justice perspectives. The study recommends incorporating mandatory Sharia competency standards for notaries involved in Islamic family law documentation to strengthen legal certainty and religious legitimacy.
subject: Articles
  topic: section
subject: Islamic Family Law Reform
  topic: keywords
subject: Notarial Authority
  topic: keywords
subject: Legal Pluralism
  topic: keywords
subject: Maqāṣid al-Sharīʿah
  topic: keywords
subject: Gender Justice
  topic: keywords
subject: Indonesian Religious Courts
  topic: keywords
creator: Chaerul Anwar
creator: Abdullah Sulaiman
creator: Yayan Sopyan
rights: Copyright (c) 2025 Chaerul Anwar, Abdullah Sulaiman, Yayan Sopyan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 438
ending page: 464
doi: 10.52496/mjhki.v3i2.42

Unregistered and Online Marriage in Indonesia: An Islamic Law and Legal Perspective Based on the Principle of Al-Masyaqqah Tajlibu al-Taysīr
type: item
description: Marriage in Islam is a sacred contract that has a worship and social dimension, so its regulation is a concern in Islamic law and state law. Social and technological developments have given birth to contemporary marriage practices such as serial marriage and online marriage contracts that raise legal issues, especially related to the validity and legal protection for women and children. This study aims to analyze these two practices in the perspective of Islamic law and positive Indonesian law by using the rules of fiqh al-masyaqqah tajlibu al-taysīr as a framework for analysis. The method used is normative juridical law research with a literature approach, through the analysis of primary and secondary sources in the form of the Qur'an, hadith, fiqh books, Compilation of Islamic Law, and laws and regulations. The results of the study show that nikah siri can be considered valid in fiqh if it meets the principles and conditions, but it does not have legal force in the country's legal system, so it has implications for weak legal protection, especially for women and children. Meanwhile, an online marriage contract can be considered valid according to some scholars as long as it fulfills the substantive elements of the contract, although it still faces challenges in the aspect of formal legality. The discussion shows that the application of the rules of al-masyaqqah tajlibu al-taysīr reflects the flexibility of Islamic law in responding to social dynamics without neglecting maqāṣid al-syarī'ah and legal certainty. Therefore, it is necessary to harmonize adaptive regulations and strengthen marriage registration to ensure legal certainty and protection, while affirming that formal legality is an essential aspect in contemporary marriage practices.
subject: Articles
  topic: section
subject: Marriage Series
  topic: keywords
subject: Online Marriage
  topic: keywords
subject: Fiqh Principles
  topic: keywords
subject: Al-Masyaqqah Tajlibu Al-Taysīr
  topic: keywords
subject: Islamic Family Law
  topic: keywords
creator: Yusuf Agung Purnama
creator: Slamet Firdaus
creator: Wahyudi Wahyudi
creator: Maryna Chernysh
creator: Achmad Siddiq
rights: Copyright (c) 2026 Yusuf Agung Purnama, Slamet Firdaus, Wahyudi Wahyudi, Maryna Chernysh, Achmad Siddiq (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 43
ending page: 67
doi: 10.52496/mjhki.v4i1.40

Between Theology and History: Re-evaluating the Solar Eclipse Narrative in the Karbala Tragedy through Islamic Historiography and Astronomy
type: item
description: This study critically examines the widely circulated claim that a solar eclipse occurred on the day of Ḥusayn ibn ʿAli’s martyrdom during the Karbala tragedy (10 Muḥarram 61 AH / 10 October 680 CE). While the narrative appears in classical sources such as Tārīkh al-Khulafā’ by al-Suyuthi, it has rarely been subjected to rigorous interdisciplinary verification. This research addresses that gap by integrating historical-textual criticism with astronomical data analysis. Using a qualitative library-based approach, the study evaluates the reliability of the narrative through isnād and matn criticism, while cross-referencing it with NASA eclipse records and Stellarium simulations. The findings demonstrate that no solar eclipse occurred or was observable in the region on the stated date, thereby contradicting the historical claim. This suggests that the eclipse narrative functions primarily as a symbolic and theological construct rather than an empirical event. The study contributes to Islamic historiography by emphasizing the importance of methodological integration between traditional scholarship and modern scientific tools, offering a clearer distinction between symbolic religious narratives and historically verifiable facts.
subject: Articles
  topic: section
subject: Solar Eclipse
  topic: keywords
subject: Karbala Tragedy
  topic: keywords
subject: Islamic Historiography
  topic: keywords
creator: Muhammad Himmatur Riza
creator: Ahmad Adib Rofiuddin
creator: Moelki Fahmi Ardliansyah
creator: Restu Trisna Wardani
creator: Ahmad Roihan Firdiansyah
rights: Copyright (c) 2026 Muhammad Himmatur Riza, Ahmad Adib Rofiuddin, Moelki Fahmi Ardliansyah, Restu Trisna Wardani, Ahmad Roihan Firdiansyah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-05-02
publication date: 2026-05-02
starting page: 252
ending page: 282
doi: 10.52496/mjhki.v4i1.41

Economic Law Compliance in AI-Driven Digital Mompreneurship: The Role of Entrepreneurial Attitudes and Self-Efficacy in Performance
type: item
description: Website-based Artificial Intelligence (AI) transformation among mompreneurs has enhanced business performance opportunities; however, gaps in digital economic law compliance awareness persist. This study examines the effects of AI integration and entrepreneurial attitudes on mompreneur business performance, with self-efficacy as a mediating variable within an economic law compliance framework. A quantitative design employing Structural Equation Modeling (SEM) was applied to 400 MSME mompreneurs in Makassar City selected through purposive sampling. Data were collected using structured questionnaires measuring AI integration, entrepreneurial attitudes, self-efficacy, and business performance. Measurement model validation (loading, CR, AVE) and structural model estimation (β, t-value, p-value) were conducted alongside mediation analysis. SEM results reveal significant effects of AI integration on self-efficacy (β = 0.52), entrepreneurial attitudes on self-efficacy (β = 0.71), AI integration on business performance (β = 0.74), entrepreneurial attitudes on business performance (β = 0.83), and self-efficacy on business performance (β = 0.80). Findings confirm self-efficacy as a partial mediator strengthening technological and behavioral influences on performance outcomes. AI integration and entrepreneurial attitudes are primary predictors of mompreneur performance, with self-efficacy functioning as a reinforcing psychological mechanism. From an economic law perspective, effective AI adoption must be accompanied by compliance with electronic transaction, personal data protection, and MSME regulatory frameworks to ensure sustainable digital entrepreneurship. Policy initiatives should integrate AI capability development, entrepreneurial self-efficacy enhancement, and digital economic law compliance education for mompreneurs to foster productive and legally compliant MSME ecosystems.
subject: Articles
  topic: section
subject: Self-Efficacy
  topic: keywords
subject: Artificial Intelligence
  topic: keywords
subject: Economic Law Compliance
  topic: keywords
subject: Business Performance
  topic: keywords
subject: Mompreneur
  topic: keywords
subject: Entrepreneurial Attitude
  topic: keywords
creator: Romansyah Sahabuddin
creator: Mahmuddin Mahmuddin
creator: Ampauleng Ampauleng
rights: Copyright (c) 2025 Romansyah Sahabuddin, Mahmuddin Mahmuddin, Ampauleng Ampauleng (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-12-30
publication date: 2025-12-30
starting page: 406
ending page: 437
doi: 10.52496/mjhki.v3i2.39

National Fiqh and Maqasid-Based Ijtihad: Reassessing Ahmad Hasyim Muzadi through Jamal al-Din ‘Atiyyah
type: item
description: This study examines Ahmad Hasyim Muzadi’s concept of fikih kebangsaan (national fiqh) through the lens of Jamal al-Din ‘Atiyyah’s maqāṣid al-sharī‘ah theory. While previous studies have discussed national fiqh primarily in normative and socio-political terms, limited attention has been given to its maqāṣid-based methodological foundation. This article addresses that gap by analyzing how Muzadi’s thought reflects a structured maqāṣidī mode of ijtihad. This research employs a qualitative conceptual approach based on library research, examining primary texts of Ahmad Hasyim Muzadi alongside Jamal al-Din ‘Atiyyah’s maqāṣid framework. The analysis focuses on identifying the epistemological structure and levels of maqāṣid embedded in Muzadi’s formulation of national fiqh. The findings demonstrate that Muzadi’s fikih kebangsaan embodies a maqāṣid-based ijtihad operating across three interconnected dimensions: individual, communal, and humanitarian. His conception positions Indonesian Islam as a harmonizing force within plural society, affirms Pancasila as a constitutional meeting point between religion and state, and frames religious moderation as a strategic instrument for national cohesion. This construction reflects a substantive alignment with Jamal al-Din ‘Atiyyah’s expanded maqāṣid theory, particularly in integrating social welfare, civic solidarity, and national integrity into legal reasoning. The study concludes that Muzadi’s national fiqh represents a contextual maqāṣidī reconstruction of Islamic legal reasoning relevant to contemporary plural societies. It recommends further development of maqāṣid-based national fiqh as a methodological framework for strengthening religious moderation and constitutional harmony in Indonesia.
subject: Articles
  topic: section
subject: National Fiqh
  topic: keywords
subject: Ahmad Hasyim Muzadi
  topic: keywords
subject: 'Atiyyah's Maqasid al-Shari‘ah
  topic: keywords
creator: Muhammad Solikhudin
creator: Irzak Yuliardy Nugroho
creator: Moh. Faizur Rohman
creator: Ahmad Rezy Meidina
creator: Ashima Faidati
rights: Copyright (c) 2025 Muhammad Solikhudin, Irzak Yuliardy Nugroho, Moh. Faizur Rohman, Ahmad Rezy Meidina, Ashima Faidati (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 383
ending page: 405
doi: 10.52496/mjhki.v3i2.38