Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Journal Title : Samarah: Jurnal Hukum Keluarga dan Hukum Islam ISSN : ISSN 2549-3132 (print) | ISSN 2549-3167 (online) DOI Prefix : Prefix 10.22373 by Crossref Editor in Chief : Prof. Dr. Mursyid Djawas, M.HI Managing Editor : Prof. Dr. Eka Srimulyani Publisher : Universitas Islam Negeri Ar-Raniry Frequency : 3 issues per year (March, July, and November) Citation Analysis : Scopus | Index Copernicus| Sinta | Google Scholar Samarah: Jurnal Hukum Keluarga dan Hukum Islam is a double-blind peer-reviewed journal published by Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry, Banda Aceh, Indonesia. The journal publishes research articles, conceptual articles, and book reviews of Islamic family law and Islamic law (See Focus and Scope). The articles of this journal are published 3 times a year; March, July, and November. From the beginning of its publication in 2017, Samarah has been registered with Crossref. All articles published by Samarah have a DOI number. Samarah is also indexed by Google Scholar, Garuda, Moraref, BASE, and more indexing please go here. In 2019, Samarah has been accredited by the Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 28/E/KPT/2019. This accreditation is effective from publication Vol 2. No 1. 2018 (Sinta 5). In the same year, Samarah has been reaccredited by Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number 36/E/KPT/2019. This reaccreditation is only effective on publication Vol 3. No 2. 2019 (Sinta 3). In 2020, Samarah has been reaccredited by the Decree of the General Director of Strengthening Research and Development, Ministry of Research, Technology, and Higher Education of the Republic of Indonesia Number: 148/M/KPT/2020. In 2021, Samarah has been accepted for inclusion in Scopus (owned by Elsevier) and has been indexed in Sinta 1. Samarah is the first Islamic Family Law and Islamic Law journal published by Indonesian universities to be indexed by Scopus. Journal Secretariat: Building A, Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia, Jl. Syeikh Abul Rauf Kopelma Darussalam Banda Aceh, Indonesia, Postal Code 23111. Email: jurnal.samarah@ar-raniry.ac.id Samarah has been indexed by:
Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry
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MUI Fatwas and Sharia-Based Policy Governance in Islamic Education Management in Indonesia
This study examines the influence of Majelis Ulama Indonesia (MUI) fatwas on Islamic education management in Indonesia, particularly in aligning sharia principles with contemporary educational practices. The purpose of this research is to explore the role of MUI fatwas in policy formation, curriculum adjustment, and governance frameworks to address the challenges posed by globalization and digitalization in Islamic education. Using a qualitative approach with a case study method, data were collected through in-depth interviews and document analysis of policies implemented in various Islamic education institutions in Indonesia. The study focused on three key fatwas discussed in Ijtima Ulama forums: the third in 2009, the sixth in 2018, and the seventh in 2021. The findings reveal that MUI fatwas contribute significantly to three areas: the establishment of sharia-compliant educational policies, the adaptation of curricula to contemporary needs, and the promotion of equitable governance in Islamic education institutions. However, challenges such as varying interpretations and resistance from stakeholders hinder effective implementation. This research is original in its comprehensive analysis of the direct and indirect impacts of MUI fatwas on Islamic education management, providing new insights into the intersection of sharia principles and modern educational demands. The study has significant implications for policymakers, educators, and religious scholars. It highlights the need for harmonization between sharia-based fatwas and modern management practices to ensure the sustainability and relevance of Islamic education in Indonesia's evolving sociocultural landscape.
Copyright (c) 2026 Yuspiani Yuspiani, Muhsin Muhsin, Muhsin Mahfudz, Muhammad Shuhufi, and Firdaus Muhammad http://creativecommons.org/licenses/by-sa/4.0
This article examines the role of women in Sufism from the perspective of Islamic law, focusing on their spiritual practices, historical contributions, and contemporary relevance. It employs a qualitative interpretive approach, drawing on literature analysis, observations of online Sufi learning activities, and semi-structured interviews with women participating in Sufi study circles. The analysis is grounded in Jasser Auda’s Maqāṣid al-Sharīʿah framework, through which women’s spiritual engagement is assessed in relation to key legal objectives, including the preservation of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and human dignity (ḥifẓ al-karāmah al-insāniyyah). The findings demonstrate that Sufi teachings, which emphasize spiritual equality and inner transformation, provide a normative Islamic basis for women’s active participation as spiritual leaders, intellectuals, and social actors. The study contributes to Islamic legal discourse by showing that women’s engagement in Sufism represents a viable and internally grounded framework for advancing gender equity and holistic human well-being within the tradition.
Copyright (c) 2026 Rosita Tandos and Amiruddin Kuba http://creativecommons.org/licenses/by-sa/4.0
Despite the theoretical potential of Islamic family law as an integrated framework for poverty alleviation through redistributive mechanisms like inheritance (farāidh), maintenance (nafaqah), wills (wasliyyah), and waqf, global scholarship exhibits significant thematic and methodological imbalances. This study addresses the lack of a comprehensive mapping of research trends and paradigm shifts at this intersection. It asks, what are the evolutionary trends, collaboration networks, and dominant thematic foci in global research on Islamic family law and poverty from 1990 to 2025? This research is subsequently comprehensive bibliometric research. This study uses the metadata of 597 documents from Scopus, Web of Science, Dimensions, and Semantic Scholar to map evolutionary trends, collaboration networks, and high-impact theme voids within the literature. The results show a pronounced imbalance, in which one of the keywords, ‘zakat,’ accounts for almost 70% of the thematic focus to the near total exclusion of other Islamic family law redistributive mechanisms such as inheritance (farāidh), nafaqah (alimony), and will (wasliyyah). The range of disciplines is dominated by social sciences and law, while religious studies and Islamic economics are conspicuously missing. It is this narrow perspective within maqhāsid sharia that displays a disintegrated approach that does not represent the comprehensive framework and methodology that the Islamic legal tradition employs to achieve the dual objectives of poverty alleviation (hifz al maslāhah) and wealth protection through lawful means (hifz al mal). It identifies a methodological gap by showing that 82% of studies using qualitative methods do not conduct an empirical impact assessment. These findings provide an impetus for a more multidisciplinary collaborative scholarly approach centered around empirical and maqhāsid oriented frameworks to examine how synergetic all instruments of Islamic family law can be toward successful poverty alleviation.
Copyright (c) 2026 Hendra Cipta, Tauratiya Tauratiya, Reno Ismanto, and Anwar Radiamoda http://creativecommons.org/licenses/by-sa/4.0
Rohingya Refugees and Human Trafficking in Indonesia
The humanitarian crisis involving Rohingya refugees has become a complex issue affecting the Southeast Asian region, particularly Indonesia, which has received several waves of refugee arrivals. The Rohingya, a Muslim ethnic minority from Myanmar, have long endured systematic discrimination, culminating in a mass exodus of over 700,000 individuals in 2017 following military operations by the Myanmar government. The presence of Rohingya refugees in Indonesia presents not only humanitarian concerns but also increases the risk of exploitation by human trafficking networks (TPPO). This study aims to analyse Indonesia’s policy response to the Rohingya refugee crisis, with a specific focus on efforts to prevent human trafficking. A Systematic Literature Review (SLR) method was employed, reviewing 21 selected academic sources. The analysis evaluates the effectiveness of Indonesian government policies, the legal and institutional challenges in refugee protection, and the role of cooperation with international organisations such as UNHCR and IOM. The findings reveal that while Indonesia has provided temporary humanitarian assistance, its current policy framework remains insufficient to mitigate the refugees' vulnerability to trafficking. The study underscores the need for enhanced collaboration among the state, civil society, and international actors, as well as for a clearer legal framework grounded in human rights principles. Strengthening social protection mechanisms is essential to ensure that Rohingya refugees are safeguarded from exploitation and treated with dignity.
Copyright (c) 2026 Alief Gunawan and Budi Setiyono http://creativecommons.org/licenses/by-sa/4.0
Financial Provision by Migrant Husbands and Its Impact on Family Resilience in Kampar Regency, Riau
This article examines the complexities of family life among women whose husbands migrate for work in Kampar Regency, Riau, with a focus on how financial obligations are fulfilled and how these conditions affect family resilience in economic, social, and psychological dimensions. The study employs a qualitative approach using in-depth interviews with ten informants, consisting of wives, children, and community leaders. The findings reveal that the tradition of migration has long been embedded in Kampar’s cultural practices, leading to a generally positive acceptance of the migrant-husband phenomenon. Financial support in the form of remittances emerges as the primary factor sustaining family resilience, complemented by emotional support delivered mainly through communication. Social support, religiosity, and the contributions of children also play significant roles in strengthening family resilience. Conversely, challenges such as delayed remittances, infrequent communication, and moral issues including second marriages undertaken while living away pose serious threats to family stability. This article contributes academically to the development of family integrity theory and offers practical insights for policymakers and communities in formulating strategies for family empowerment.
Copyright (c) 2026 Sofia Hardani, Akmal Abdul Munir, Mualimin Mochammad Sahid, Jumni Nelli, and Nur Hasanah http://creativecommons.org/licenses/by-sa/4.0
Reinterpreting al-Faḍlu al-Ḥawāʾij Through the Lens of Maqāṣid al Sharīʿah
The concept of al-faḍlu al-ḥawāʾij in zakat jurisprudence distinguishes between essential needs (ḥājat aṣliyyah) and surplus wealth that forms the basis of zakat obligations. In contemporary socio-economic contexts, however, the increasing diversity of living standards and professional needs has made the determination of surplus wealth more complex. At UIN Sultan Syarif Kasim Riau, differing interpretations of al-faḍlu al-ḥawāʾij among employees have contributed to the less-than-optimal implementation of institutional zakat policies administered through the UPZ BAZNAS. Although many employees, particularly civil servants in Class IV, Echelon II structural officials, and lecturers holding senior functional positions receive relatively high incomes, the assessment and institutional distribution of income-based zakat remain inconsistent. This study employs a qualitative approach within a normative-empirical paradigm, combining an analysis of classical and contemporary fiqh literature with field data obtained through in-depth interviews and document analysis. The findings reveal that employees tend to interpret a “decent standard of living” broadly, encompassing not only basic necessities but also assets such as private vehicles, relatively spacious housing, professional expenditures related to research and community service, and long-term financial investments. Through reinterpretation based on the framework of maqāṣid al-sharīʿah, the study argues that al-faḍlu al-ḥawāʾij should be understood as wealth remaining after the fulfillment of primary (ḍarūriyyāt) and certain secondary (ḥājiyyāt) needs that support the preservation of religion, life, intellect, lineage, and wealth. Establishing measurable and context-sensitive standards of basic needs is therefore essential for determining income-based zakat obligations more equitably and for strengthening institutional zakat management, including the consideration of salary-based deductions derived from actual surplus income.
Copyright (c) 2026 Zulkifli Zulkifli, Kemas Muhammad Gemilang, Mohammad Abdi Almaktsur, Rozi Andrini, and Fitrianto Fitrianto http://creativecommons.org/licenses/by-sa/4.0
Childfree in The Perspective of Hadiths Ahkam
Childless marriage, or an agreement between a husband and wife not to have children after marriage, is currently a trending topic on various social media platforms. Based on this issue, the formulation of this research is how childless marriages are seen from the hadith perspective and what solutions the hadiths offer to overcome this problem. The research method used is a literature study using the theory of hadith hermeneutics. This research was carried out by collecting and analyzing various written sources, such as books, journals and articles as well as Mu'tabar hadith books. The results of the study indicate that the hadiths regarding the permissibility of 'azal studied are of authentic quality and can be accepted as evidence in religion. Regarding understanding, thematic studies, especially from the historical aspects, show that the desire to perform 'azal expressed by a companion to the Prophet Muhammad was related to the condition of his wife who was breastfeeding, so the use of these hadiths as a basis for the permissibility of childfree needs to be reviewed. This shows a significant difference between childfree and the permissibility of 'azal. That the permissibility of 'azal does not mean an attitude or desire to not have children permanently, However, it is only conditional and temporary. This differs from childfree, which actually refuses to have children in a marriage. Meanwhile, a thematic analysis involving other "similar" hadiths shows that Islam places a strong emphasis on having children for its ideological and worshipful values. Therefore, the childfree attitude that is starting to become commonplace among Muslim couples is discouraged, even though having or not having children is the right of every couple. Moreover, if this childfree attitude becomes a "movement" and is campaigned extensively, then every Muslim should not make it a "principle" or primary choice in marriage.
Copyright (c) 2026 Hedhri Nadhiran, Muhammad Mirzan, Anisatul Mardiah, Deddy Ilyas, and Nugroho Nugroho http://creativecommons.org/licenses/by-sa/4.0
From Normative Authority to Contextual Responsiveness
This study examines how the National Sharia Council of the Indonesian Council of Ulama (DSN–MUI) formulates and adapts fatwas amid increasing complexity in Islamic economic practice, addressing the problem of tension between classical fiqh normativity and contemporary transactional demands where explicit naṣṣ and ijmāʿ are limited. Specifically, the research asks: (1) how does DSN–MUI reconcile traditional Sharīʿah principles with novel financial needs; (2) what juristic tools and maxims inform its fatwa-making; and (3) what are the practical consequences for Islamic financial institutions (LKS) and consumers. Employing a qualitative doctrinal and socio-legal method, the study analyzes selected DSN–MUI fatwas focusing on the transformation of tabarruʿ contracts (wakālah, ḥawālah, kafālah) into tijārī frameworks and the evolving rulings on muqāṣah (early-payment discounts) in murābaḥah as primary data. The findings reveal a clear methodological shift from a strictly textual-normative approach toward a contextual, maqāṣid- and maṣlaḥah-oriented reasoning that treats al-ashlu fil muʿāmalāt al-ibāḥah as a governing hermeneutic; DSN–MUI legitimizes innovations (e.g., wakālah bi al-ujrah, ḥawālah bi al-ujrah, kafālah bi al-ujrah, and obligatory muqāṣah) while embedding procedural safeguards (pre-agreed nominal ujrah, protections against ribā, gharar, and ziyādah ʿalā al-dayn) to protect consumers. The study concludes that DSN–MUI functions as an adaptive Sharīʿah governance actor that balances normative fidelity, institutional viability, and public interest, recommending continued doctrinal clarity and empirical assessment of socio-economic impacts.
Copyright (c) 2025 Nur Hidayah, Haryatih Haryatih, Ucu Solihah http://creativecommons.org/licenses/by-sa/4.0
Representation of the Values ​​of Peace, Justice, and Conflict Resolution
This study examines the representation and pedagogical potential of peace and social justice values in Arabic textbooks used at the Madrasah Tsanawiyah (MTs) in Indonesia. Grounded in Johan Galtung’s concept of positive peace, John Paul Lederach’s conflict transformation framework, UNESCO’s pillars of peace education, and social constructivist theory, the study explores how textbooks contribute to students’ peace consciousness and peace-oriented learning. Using a qualitative design, critical content analysis was applied to Arabic language textbooks for Grades VII, VIII, and IX published by the Indonesian Ministry of Religious Affairs. 18 texts were analyzed through thematic coding, focusing on non-violence, empathy, tolerance, equality, and social justice. The findings indicate that peace values are predominantly represented through harmonious interpersonal relations, politeness, empathy, and cooperation, reflecting an understanding of peace primarily as social harmony. However, more complex dimensions of peace, such as social justice, conflict resolution, pluralism, and structural inequality, are marginal and insufficiently articulated. Pedagogically, the textbooks provide limited opportunities for dialogical and reflective learning. Nevertheless, the consistent presence of relational peace values suggests considerable potential for strengthening peace education through intentional teacher mediation and constructivist pedagogical approaches.
Copyright (c) 2026 St. Kuraedah, Nur Azaliah Mar, Zulaeha Zulaeha, and Wa Muna http://creativecommons.org/licenses/by-sa/4.0
Construction of New Norms for the Implementation of Fines in Narcotics Cases in Indonesia
Narcotics abuse constitutes a violation of statutory regulations, particularly Article 7 of Law No. 35 of 2009 on Narcotics, which restricts the use of narcotics to health services and the advancement of science and technology. Narcotics abuse may result in serious consequences not only for individuals but also for society, especially the younger generation. In Indonesia, narcotics misuse has spread across all levels of society, from lower to upper classes. Apart from causing dependency, narcotics consumption frequently leads to death. This circumstance poses a significant threat to the sustainability of society, the nation, and the state, placing Indonesia in a state of narcotics emergency. Accordingly, the Narcotics Law prescribes stringent sanctions, including the death penalty, imprisonment, and fines as additional or substitute penalties for convicted offenders. This study examines the imposition of fines as a substitute for imprisonment and explores judicial considerations in delivering such decisions. The study employs a normative legal method. Findings reveal that convicted persons tend to prefer imprisonment to paying fines, mainly because the fines imposed are excessively high and beyond their financial capacity. As a result, the potential state revenue from fines is not realized, while the state must instead bear substantial expenses to maintain prisoners during their incarceration. Therefore, a reconstruction of legal norms is necessary to achieve a more proportional and effective regulation of fines and imprisonment.
Copyright (c) 2026 Bakhtiar Bakhtiar, Mohd Din, Ilyas Yunus, and Darmawan Darmawan http://creativecommons.org/licenses/by-sa/4.0
The goal of the research is to find out the comprehension, internalization, and the practical side of the Islamic Work Ethics (IWE) concept by the teaching staff of an Integrated Islamic Junior High School (SMPIT) located in East Kalimantan. The study applies the interpretive phenomenological analysis (IPA) technique to highlight the teachers’ experiences in the course of balancing the spiritual values, the demands of the organization, and the social responsibilities. The research used semi-structured interviews, observations, and school documents to collect data, and then the data was analysed by the method of iteration to find out the main themes. The results uncovered four overarching themes that can be summarized as follows: (1) work as a form of worship and a responsibility that nurtures inner drive and ethical devotion; (2) the principal's (uswah hasanah) exemplary leadership is the major factor that either fortifies or undermines the practice of IWE; (3) the continuing interaction between the ideal religious principles and the organizational structures, especially in relation to work, administration, and pay issues; and (4) the promotion of IWE as a social distinction that places teachers in the role of moral protectors of the community. The research findings indicate that IWE is more than just a personal moral quality, rather, it is a lively and dynamic interpretable framework directed by the expected spirituality, the organizational environment, and the cultural norms. By this research, the theoretical engagement with IWE moves toward a phenomenological understanding and contributes to the discussions on the practical and policy implications of work culture strengthening, ethical leadership, and teacher well-being in Islamic educational institutions.
Copyright (c) 2026 Akhmad Nur Zaroni, Norvadewi Norvadewi, Muhaimin Muhaimin, Darmawati Darmawati, and Samsir Syata http://creativecommons.org/licenses/by-sa/4.0
Inheritance Development Patterns in Multiethnic Societies in Indonesia
This study aims to analyze the patterns for developing inherited assets in multiethnic communities in Pasaman and Dharmasraya (West Sumatra) and Mandailing Natal and Panyabungan (North Sumatra). The research focuses on the interaction between customary, religious, and state laws in inheritance practices and their implications for social relations, family cohesion, and economic orientation. Using a qualitative comparative case study approach, data were collected through in-depth interviews, participatory observation, and document analysis with inter-ethnic families. The research findings reveal three distinct patterns of heritage development. The collective-conservative pattern in Pasaman emphasizes family solidarity and asset preservation, while also reflecting internal power relations and potential conflicts of interest in decision-making. The customary-conservative pattern in Dharmasraya highlights the dominance of customary norms in heritage management, oriented toward social stability and cultural preservation, yet it can also reinforce traditional authority structures and symbolic subordination. Meanwhile, the individualistic-commercial pattern in Mandailing Natal prioritizes maximizing economic value and enhancing family economic mobility, but it may generate social differentiation and economic inequality among family members. These findings indicate that heritage development patterns are shaped not only by economic considerations but also by “ethnic logic” rooted in kinship structures, customary norms, and social relations. Across most locations, customary law remains the dominant framework, religious law provides moral legitimacy and distribution guidance, and state law is applied selectively. In conclusion, this study demonstrates that legal pluralism in Indonesia’s multi-ethnic context is not merely a normative reality, but also a socially chosen strategy.
Copyright (c) 2026 Elfia Elfia, Nurus Shalihin, Surwati Surwati, Yan Fajri and Siti Mardiyah http://creativecommons.org/licenses/by-sa/4.0
KNEKS and the Dynamics of Sharia Economic Law Bureaucratization in Indonesia (2016–Present)
This article examines the bureaucratization dynamics of sharia economic law through the role of the National Committee for Islamic Economy and Finance (KNEKS). Employing a qualitative research design with an institutional–legal analysis approach, the study draws on documentary analysis, official policy documents, and in-depth interviews with key informants. The findings demonstrate that, in contrast to the Indonesian Council of Ulama (MUI), which functions as a quasi-legislative body producing normative legal instruments, KNEKS operates primarily as a legal structure that coordinates and harmonizes cross-institutional policies within the sharia economic governance framework. However, the study also reveals a persistent gap between legal structure and legal culture, as KNEKS’s institutional positioning has yet to significantly enhance public legal awareness and literacy in sharia economic law. This article contributes to the literature on Islamic legal governance by offering an institutional perspective on bureaucratization processes and highlighting the need for policy formulations that integrate bureaucratic mechanisms with community-based social capital to strengthen legal culture in sharia economic development
Copyright (c) 2026 Iskandar Iskandar and Addiarrahman Addiarrahman http://creativecommons.org/licenses/by-sa/4.0
The Indonesian Government's Legal Policy on the Presence of Illegal Migrants
The prolonged conflict in Myanmar between the government and the Rohingya ethnic group has caused a flow of refugees and illegal migration out of Myanmar. The ASEAN region that serves as a transit point and destination country for these illegal immigrants is Thailand, Malaysia, and Indonesia. This study uses an empirical research method analyzed with a legislative approach. Data was obtained through in-depth interviews and studies of legal regulations or legislation. The study concluded that illegal migrants who entered Aceh under the guise of being political asylum seekers who were stranded in Indonesian waters or land in need of assistance, this was indicated by the damage to the illegal migrants' boats, either intentionally damaged or indeed damaged. In the context of constitutional law, the central government's policy regarding the presence of refugees, including illegal Rohingya migrants, is to amend Presidential Decree Number 125 of 2016 concerning the Handling of Foreign Refugees. It is hoped that the revised Presidential Regulation will provide detailed regulations, particularly regarding status determination, refugee residency period, refugee criteria, the roles and responsibilities of stakeholders, the establishment of the PPLN Task Force, the fulfillment of the rights of foreign refugees in Indonesia and the use of budgets by Regional Governments, the sharing of burdens and responsibilities with International Organizations (IOs), and other matters that can improve the quality of handling foreign refugees. Some of the Indonesian Government's efforts to address illegal Rohingya migrants include increasing sea patrols, implementing a turn-back boat policy, establishing a main Indonesian Navy base (Lantamal) in Aceh, and involving the community, particularly the Panglima Laot (the Indonesian Navy Commander).
Copyright (c) 2026 M. Gaussyah, Bustami Usman, Mirja Fauzul Hamdi, and Rizky Aulia Fitri http://creativecommons.org/licenses/by-sa/4.0
Codification of Islamic Law in Comparative Perspective
This paper examines the transformation of Islamic law through the process of codification from a comparative legal perspective. While classical Islamic law was traditionally pluralistic, jurist-driven, and uncodified, modern developments, especially since the 19th century, have seen states systematically incorporate Islamic legal principles into codified legal systems. The study explores how codification, influenced by European civil law models, reshapes the epistemology and authority of Islamic law, shifting interpretation from scholars to state actors. Through comparative case studies such as the Ottoman Majalla, Egypt, Iran, Malaysia, and Indonesia, the paper illustrates diverse models of codification ranging from centralized statutory codes to non-legislative presidential directives. The analysis highlights key debates around legal pluralism, gender reform, and the tension between tradition and state centralization. Codification, the paper argues, is not merely a legal technique but a transformative process that redefines the relationship between divine law and state sovereignty, producing hybrid legal systems that negotiate between Islamic authenticity and modern legal rationality.
Copyright (c) 2026 Ratno Lukito and Marsya Salsabilla Az-Zahra http://creativecommons.org/licenses/by-sa/4.0
Unregistered Intermarriage in the Morosi Mining Area
This study aims to examine the phenomenon of unregistered intermarriage between local communities and foreign workers in mining areas and to analyze the interaction between customary law and formal legal regulations. The research employs a qualitative approach through in-depth interviews with mixed-marriage couples, community leaders, and local government officials. The collected data were analyzed to identify the challenges and opportunities associated with the legalization of marriage. The findings indicate that many couples opt for unregistered marriages due to limited access to official civil registration services and the strong influence of customary norms. The novelty of this research lies in the development of a digital-based solution to support the registration of mixed marriages, consisting of an online registration platform and a legal education application. This solution is designed to bridge the gap between customary law and formal legal frameworks while improving access to legal marriage registration for couples in mining regions. Consequently, this study not only contributes to a deeper understanding of the social and legal complexities surrounding unregistered intermarriage but also offers an innovative digital approach to enhance legal certainty and the protection of couples’ rights in the context of mixed marriages
Copyright (c) 2026 Deity Yuningsih, Idaman Alwi, Wa Ode Zuliarti, Saraswati Saraswati, and La Ode Muh. Saleh Saputra http://creativecommons.org/licenses/by-sa/4.0
Ecotourism as a Driver for Sustainable Waste Management and Environmental Conservation in Lhokseumawe, Indonesia
This study evaluates the role of ecotourism as a strategy for promoting sustainable waste management in environmentally friendly tourist destinations in Lhokseumawe City, Aceh. Research using qualitative methods was conducted with a case study approach in several tourist destinations that have implemented ecotourism concepts, such as community-based waste management and the use of environmentally friendly technology. Data were collected through in-depth interviews, observations, and a literature review, complemented by questionnaires administered to explore the perceptions of tourists, local communities, and business actors regarding the effectiveness of, and support for, sustainable waste management policies. The findings indicate that the implementation of ecotourism has not yet played a significant role in improving waste management effectiveness in tourist areas. Ecotourism principles have not been comprehensively applied; as a result, destinations have not succeeded in maintaining environmental cleanliness, attracting sustainability-conscious visitors, or fostering synergy between local communities and the government. Although tourists and local residents generally responded positively to these initiatives and expressed support for ecotourism-based waste management policies, many still perceive waste management as primarily the responsibility of the government. This study contributes to the literature on sustainable waste management and may serve as a reference for policymakers and tourism practitioners seeking to enhance environmental quality through an ecotourism approach.
Copyright (c) 2026 Bobby Rahman, Teuku Muzaffarsyah, Teuku Zulkarnaen, M. Lutfi Al Fahmi, and Richa Meliza http://creativecommons.org/licenses/by-sa/4.0
Negotiating The Authority of Female Ulama in the Reinterpretation of the Qur'an in Islamic Family Law in East Kalimantan
The debate over authority in contemporary Quranic interpretation surrounding Islamic family law remains a frequent issue, particularly for female ulama. This article examines how female ulama in East Kalimantan negotiate religious authority through Quranic reinterpretation to transform the understanding and practice of Islamic family law. Using a convergent mixed-methods design, this study combines quantitative analysis of 30 purposively selected female ulama in five districts/cities. Then, qualitative methods derived from in-depth interviews with experts in Islamic interpretation and family law are analyzed using the theory of maqāṣid al-sharīʿah. The research findings reveal that 86.7% of participants actively engage in progressive reinterpretation of Quranic texts related to crucial issues of family law, including dowry, divorce (khulʿ), child custody (ḥaḍānah), and joint property. Statistical analysis shows a significant correlation (p < 0.05) between a hybrid educational background integrating Islamic boarding school education with modern Islamic higher education and a stronger tendency to challenge conventional interpretive paradigms. Quranic interpretation functions not merely as a theological practice but also as a process of negotiating religious authority through contextual reasoning, maqāṣid al-sharīʿah, and intertextual hermeneutics. This article contributes to the body of scholarship on Islamic feminism, religious authority, and legal pluralism in Indonesia, while also highlighting grassroots dynamics in Islamic family law reform.
Copyright (c) 2026 Iskandar Zainuddin, Ahmad Yusam Thobroni, Muhammad Arief Ridha Rosyadi, Fakhruddin Lahmuddin, and Muhammad Yusuf Qardlawi http://creativecommons.org/licenses/by-sa/4.0
Family Sustainability in Child Sexual Violence Cases
The family is the smallest entity that plays a crucial role in the social structure of society. This article aims to examine the sustainability of the family in cases of child sexual violence in relation to the thinking of judges in gender-based crimes in religious courts in South Sulawesi. This study is an empirical legal study using the theory of power inequality and gender relations, feminist criminology theory, and law enforcement theory. Data were collected based on interviews and literature studies. The research findings reveal that judges prioritize the protection of children who are victims of sexual crimes, emphasizing the importance of ensuring a fair legal process that considers the physical and psychological well-being of girls who are victims of sexual violence. Sexual violence is a gender-based crime that primarily affects girls, influenced by derogatory perceptions of women and by abuse of power by perpetrators, including parents. The family institution plays a crucial role in protecting the rights of children, especially girls, from sexual crimes. This responsibility includes strict prosecution of perpetrators of sexual crimes, providing support and rehabilitation services for victims, and education on the recognition and prevention of sexual crimes. Theoretically and practically, judges have carried out legal prevention in cases of sexual crimes against girls by considering various factors, namely legal, moral, and social aspects. Judges give top priority to protecting child victims and taking preventive measures.
Copyright (c) 2026 Saidah Saidah, Zainal Said, Suarning Suarning, Nur Afiah, and Rukiah Rukiah http://creativecommons.org/licenses/by-sa/4.0
Although the integration of religion and science has been widely examined across disciplines, it remains relatively underexplored within the field of fiqh (Islamic jurisprudence), particularly in relation to medical issues. This study therefore addresses a substantial gap in the existing literature. Here, case of integration in the fatwa's issued by the Indonesian Ulema Council (Majelis Ulama Indonesia / MUI) was examined. These fatwas addressed vaccines that were considered haram (forbidden) since they contained or came into contact with pork-derived elements, except in cases of emergency. On the contrary, the East Java branch of the MUI permitted their use based on the concept of complete chemical transformation (istihālah tammah). To explore this issue, the study posed three research questions: (1) How are elements related to pork positioned within MUI fatwas? 2) How does the authority of ulama affect the positioning of pork-derived elements in MUI fatwa's? and (3) How is the integration model of fiqh and science articulated in MUI fatwa's? The first question was examined through content analysis of existing MUI fatwas, the second through analysis of interview data from Muslim intellectuals in Jakarta, East Java, West Sumatra, and Aceh, and the third through an integrated analysis of interview data and fatwa documents using the theory of authority. The findings thus indicate that the MUI adopts an integrative approach to science and fiqh in issuing fatwa's. However, the role of science tends to remain largely confirmatory and has yet to exert a more substantive influence. In this regard, the East Java MUI has taken a more ‘open’ approach, moving beyond the established mainstream of fiqh while still operating within the framework of classical ulama authority
Copyright (c) 2025 Ali Abubakar, Muhammad Ridwan Harahap, Muhammad Habibi, Abidin Nurdin, and Ahyar Gayo http://creativecommons.org/licenses/by-sa/4.0
This research examines how customary prohibitions (larangan adat) embedded in the Minangkabau indigenous tradition function as an ecological governance mechanism rooted in both myth and the Islamic principle of maṣlaḥah (public benefit). Drawing on ethnographic fieldwork conducted in selected nagari (traditional villages) in West Sumatra, this research investigates the ontological and normative significance of tabooed spaces, sacred species, and ritualized ecological restrictions as tools for preserving environmental balance. Through in-depth interviews with customary leaders (ninik mamak), religious scholars (alim ulama), and community members, the research reveals that mythic narratives serve to sacralize ecological zones, while the invocation of maṣlaḥah gives these taboos normative legitimacy within the broader Islamic ethical system. This research argues that customary prohibitions operate as localized ecological jurisprudence, establishing a framework for human–nature relations based not on state law but on a syncretic system of belief that is collectively enforced and symbolically charged. Rather than dismissing these prohibitions as archaic superstition, this research reinterprets them as part of an enduring epistemology that integrates myth, religious values, and environmental pragmatism. This research contributes to the growing body of scholarship on indigenous environmental governance by offering a nuanced reading of adat–myth relations in the context of sustainability. It demonstrates how the Minangkabau adat system far from being static continues to adapt, negotiate, and assert relevance amid ecological crises and modern legal frameworks. Ultimately, this research affirms that myth, when interwoven with religious rationality, can serve as a powerful force for ecological resilience and cultural continuity.
Copyright (c) 2026 Arifki Budia Warman, Rizal Rizal, Yasrizal Yasrizal, Kasmuri Kasmuri, and Syamsul Bahri http://creativecommons.org/licenses/by-sa/4.0
The Acehnese society has long practiced customary economic arrangements such as gala (pawning) and mawah (profit-sharing). However, the traditional gala practices are frequently exploitative and inconsistent with the Sharia principles, as lenders exercise full control over collateralized productive assets. In addition, the potential of mawah as a cooperative economic mechanism has not been fully realized. This qualitative study examines the transformation of these customary practices into sustainable Sharia-based microfinance institutions through a case study of their implementation in Southwest Aceh. Data were collected through observations and in-depth interviews. The findings indicate that KSPPS Baitul Qiradh Gala Muamalah, commonly known as the “Gala Bank,” has initiated a revitalization of local economic wisdom grounded in Sharia principles. A fundamental transformation is evident in the gala practice through the application of a rahn (Sharia pawn) contract, whereby the institution holds only the collateral, while productive assets, such as rice fields, remain under the management of their owners. This arrangement enables farmers to continue agricultural production and generate income. For working capital financing, the institution employs a mudharabah (profit-sharing) contract with a flexible post-harvest repayment system. The “Gala Bank” model has successfully transformed previously harmful practices into equitable, farmer-empowering, and Sharia-compliant transactions. Consequently, this initiative demonstrates how traditional economic practices can be effectively adapted into a modern, sustainable economic framework rooted in local culture, serving as a model for community-based economic development.
Copyright (c) 2025 Wardiah Hamid, Dedy Sumardi, I Made Suarsana, Muhammad Dachlan, and Hamsiati Hamsiati http://creativecommons.org/licenses/by-sa/4.0
Digital Fiqh and Maqāṣid al-Sharīʿah in the Onlife Condition
This study examines the growing influence of algorithmic governance on religious authority and knowledge production in digital environments, particularly within the Muslim digital sphere. In the contemporary onlife condition, where online and offline realities increasingly converge, algorithmic systems shape the visibility, interpretation, and circulation of Islamic discourse. This raises a critical question: how can Islamic jurisprudence respond to the epistemic and ethical challenges posed by algorithmic power? This article explores digital fiqh as an epistemological and normative framework capable of critically engaging algorithmic structures through the lens of maqāṣid al-sharīʿah. The study employs a critical qualitative approach using digital hermeneutics and multidisciplinary literature analysis, drawing on theoretical perspectives from algorithmic epistemology, Islamic legal theory, and digital ethics. The findings indicate that fiqh should be reinterpreted not merely as a legal product but as an epistemic apparatus capable of evaluating algorithmic governance and negotiating justice, dignity, and meaning in digitally mediated environments. Theoretically, this study expands the scope of maqāṣid into the domain of digital ethics, addressing issues such as privacy, algorithmic bias, and data commodification. Practically, it proposes the integration of digital literacy in Islamic education, the development of alternative digital platforms, and the promotion of digital self-determination within Muslim communities. This article argues that digital fiqh can function not only as a normative response to technological change but also as a decolonial strategy for reclaiming Islamic epistemic sovereignty in the algorithmic world order.
Copyright (c) 2026 Suhermanto Ja’far, Haqqul Yaqin, Iffah Iffah, Hodri Hodri, and Sanuri Sanuri http://creativecommons.org/licenses/by-sa/4.0
Catcalling Prevention Strategies in Handling Forms of Gender Inequality Among Students in North Sumatera
This study aims to determine the legal regulations regarding catcalling, to determine the influence of student responses to catcalling and to obtain a Strategy for Preventing and Overcoming Catcalling (Sexual Harassment) in Addressing Forms of Gender Inequality for Students in North Sumatra. The analysis carried out in this study uses qualitative descriptive, namely by obtaining information related to student responses in efforts to prevent catcalling. The data analysis model used in this study is to use the deremination coefficient (R2) and the multiple linear regression equation as an indicator score using the Likert scale. The results of the study suggest that: (1). There are no legal regulations regarding catcalling yet, but there are several articles used in resolving criminal cases, including those regulated in Law Number 44 of 2008 concerning Pornography; (2). Based on the results of the calculation of the multiple linear regression equation obtained: Y = 0.229 + 0.487X1. This is indicated by the coefficient value of b1 which is positive at 0.229. Furthermore, for the independent variable X1, it shows that the value of t count = 9.147. From the t table with a significance level of α = 0.05, with the number of respondents = 20 and the number of independent variables = 1, the t table value is read = t (α, n-(k + 1)) = 1.729. Thus, for variable X 9.147> 1.729 or t count> t table which means that the independent variable X (catcalling problem) partially has a significant effect on the dependent variable Y (student perception) and (3). Strategies Implemented in the Prevention and Overcoming of Catcalling Sexual Harassment) reducing Gender Inequality is through the formation of a Law that specifically regulates Catcalling and coordination between the government, society and campus, including by forming catcalling prevention; social campaigns both through social media and slogans in society and campus.
Copyright (c) 2025 Nelvitia Purba, Bahmid Bahmid, Alkausar Saragih, Ismed Batubara, and Seguito Monteiro http://creativecommons.org/licenses/by-sa/4.0
The Role of Adoption in Facilitating the Social Reintegration of Child Survivors of Sexual Abuse
Sexual violence against children, particularly when it occurs within the family environment, constitutes a structural issue with long-term consequences for a child's psychological well-being, social functioning, and identity formation. This study aims to examine the effectiveness of current social reintegration policies for child victims of sexual violence and to propose an alternative, adoption-based model that is holistic and centered on the best interests of the child. Utilizing a qualitative socio-legal and interpretive approach, data were collected through observations and in-depth interviews with child protection institutions in West Kalimantan and the city of Pontianak. The findings indicate that the existing protection system fails to comprehensively meet the needs of victims, as it remains fragmented, short-term in orientation, and lacks adequate psychosocial support. The household, ideally a space of safety, was found to be the most common setting for abuse, with perpetrators often coming from within the immediate family circle. The novelty of this research lies in its proposed adoption-based social reintegration model, which integrates legal frameworks, developmental psychology, and social solidarity into a single comprehensive protection system. This model highlights the importance of institutional support, inter-agency collaboration, and community engagement as strategic measures for victim recovery and for breaking the cycle of intergenerational violence. It is hoped that these findings will contribute both to the academic discourse and to the strengthening of child protection policies in Indonesia.
Copyright (c) 2026 Sri Ismawati, Safaruddin Harefa, Herlina Herlina, Mega Fitri Hertini, and Lolita Lolita http://creativecommons.org/licenses/by-sa/4.0
The Implementation of Special Autonomy and the Role of Gampong Government: A Study of Sharia and Religious Moderation in Aceh
This paper discusses the role of special autonomy and village government in Aceh in supporting the implementation of sharia (Islamic law) and religious moderation. The study uses empirical qualitative methods and is analyzed through the theory of asymmetric decentralization. Data were collected through interviews with key informants, namely the Islamic Law Office, Village Head (Keuchik), Village Imam (Tengku Imum), Tuha Peut (Customary Apparatus), Pastors, Religious Figures and Community Leaders. Related literature studies include journal articles, laws and regulations, and books. The results of this study indicate that the implementation of special autonomy, especially through the framework of village government in Aceh, has effectively supported the implementation of sharia and religious moderation. This support can be seen from the authority and contribution of village government to Islamic education, such as gender-inclusive religious studies in Meunasah, economic empowerment through the management of zakat, infaq, and sedekah by Baitul Mal Gampong, and conflict resolution, namely by optimizing the active role of village officials in customary justice. It can be further emphasized that this article also concludes that promoting religious, social, and ethnic harmony through inclusive programs that actively involve all elements of society, regardless of race, religion, or ethnicity at the Gampong level is a prime example of the manifestation of effective religious moderation. Within the framework of asymmetric decentralization, Gampong authority has succeeded in supporting and facilitating special autonomy and the implementation of sharia and religious moderation can run well.
Copyright (c) 2025 Safrizal ZA, Bustami Usman, Suswanta Suswanta, Zulfa Harirah, Muhammad Rizki http://creativecommons.org/licenses/by-sa/4.0
The Abdau Tradition as a Living Hadith: Interplay of Islamic Law and Local Customs in Qurban Ritual at Tulehu, Maluku
Abdau represents a tradition of slaughtering Qurban practiced by the Muslim community of Tulehu during Eid al-Adha. This tradition commences with the meticulous preparation of three goats, which are bathed, dressed, and perfumed. They are then paraded through the village to the mosque for slaughter, accompanied by the chanting of salawat, dhikr, poems, and the pursuit of the tauhid flag along the route. This parade also showcases various cultural attractions, transforming it into a carnival that draws numerous tourists. Currently, Abdau faces significant criticism for allegedly breaching numerous fundamental principles of sharia. This research seeks to reveal the origins of this celebration and elucidate its connection to the practices derived from the Prophet's hadiths that persist within the community. This is a qualitative study, utilizing data gathered from written sources pertaining to the Abdau celebration, complemented by interviews with religious leaders, traditional authorities, and government officials in the Tulehu region who possess a deep understanding of the intricacies of the Abdau celebration. The data were subsequently examined utilizing the living hadith methodology. This study reveals that Abdau is an Islamic teaching rooted in the societal tradition, rather than a practice of a society that has undergone Islamization. The celebration of Abdau did not exist prior to the arrival of Islam; instead, it emerged concurrently with the establishment of the Tulehu region, which is home to a Muslim community. Examining the living hadith, the Abdau tradition in each of its ritual series reveals connections to the hadiths of the Prophet and its relevance to the Islamic law. Abdau is a tradition that involves the living hadith in Tulehu, particularly in the context of Qurban and its relation to the Islamic law.
Copyright (c) 2025 Rajab Rajab, Wa Ulfa Ode, Gamal Achyar, Fakhrurrazi M.Yunus http://creativecommons.org/licenses/by-sa/4.0
The Criminal Liability for Human Actions Involving Stem Cells in Jordan: A Comparative Law Study
This study clarified the criminal liability for the disposal of human stem cells according to Jordanian legislation compared to Indonesian legislation, depending on the type of this disposal, whether by way of sale or by way of donation. Hence, the researcher followed the descriptive and analytical approach to present the texts criminalizing the disposal of stem cells and analyze their content to determine the scope and limits of criminal liability for this disposal to prevent the misuse of stem cells for material gain. The study revealed a set of conclusions, which consisted of criminalizing the disposal of stem cells in exchange for financial compensation and permitting such disposal if it is by way of donation, with the possibility for the donor to receive simple compensation that does not rise to the level of the financial compensation for these cells, provided that informed consent to the donation is given. The transfer of stem cells to another body does not harm public health. The Jordanian legislature recommends that some amendments be made to the elements criminalizing the disposal of stem cells, depending on the degree of risk it poses to the mere sale or trafficking, as reflected in the number of penalties prescribed for each criminal case in a manner commensurate with the criminal gravity.
Copyright (c) 2025 Barjes Khalil Ahmad Al-Shawabkeh http://creativecommons.org/licenses/by-sa/4.0
Illegal, Unreported, and Unregulated (IUU) fishing poses a significant threat to Indonesia's vast marine resources, contributing to economic losses, environmental degradation, and the marginalization of coastal communities. Although Indonesia has adopted penal and non-penal instruments to counter IUU fishing, the current legal approach remains largely reactive and fragmented, with law enforcement focusing on low-level actors while systemic drivers and corporate beneficiaries remain untouched. The article's strength lies in its integration of progressive law with Islamic legal principles, providing a unique perspective that emphasizes justice, human welfare, and sustainability. This article employs a normative juridical method, using a statute approach, case approach, conceptual approach, and comparative approach to Islamic legal principles such as maslahah mursalah and hisbah. The results shows that a holistic and human-centered legal approach is essential to restore equity, increase deterrence, and ensure sustainable fisheries management. The novelty of this research lies in formulating a concrete legal reconstruction model that operationalizes progressive justice and Islamic legal teleology as integrated instruments for future reform of Indonesia’s fisheries legal regime. This article contributes to the discourse on legal reform in environmental governance, offering practical insights for policymakers and legal practitioners in Indonesia and beyond.
Copyright (c) 2025 Abd Asis, Shambhu Prasad Chakrabarty, Ahsan Yunus, D. J. A. Hehanussa, Yanti Amelia Lewerissa http://creativecommons.org/licenses/by-sa/4.0
Formulation of Oil and Gas Production Sharing Contracts and Their Implementation in Foreign Investment in the Upstream Oil and Gas Sector
The formulation of oil and gas Production Sharing Contracts (PSCs) in Aceh differs greatly from those in other regions of Indonesia. This process shall adhere to the Government Regulation No. 23 of 2015 on the Joint Management of Oil and Gas Natural Resources in Aceh, as the legal foundation for the Aceh Government’s authority in managing these resources. Accordingly, the Aceh Government shall be involved in the drafting, amendment, and termination of the PSCs, which also includes issues related to data management, payment of signature and production bonuses, audits, transfer of participating interests, involvement of Aceh-owned enterprises, and determination of CSR funds. However, there is only one oil and gas PSC in the Pase Block, signed between the Aceh Regional Development Company and Triangle Pase Inc. on May 22, 2015. This study explored the implementation of the PSC in the context of foreign investment in the upstream oil and gas sector in Aceh. Employing a normative juridical method, the study collected data by means of interviews and literature reviews, and analyzed the data based on oil and gas regulatory frameworks. The findings revealed that the implementation of the PSC indicated several contractual obligations that were not fulfilled or were violated by Triangle Pase Inc., causing financial losses to the Aceh Regional Development Company. As a result of these violations, the Aceh Regional Development Company filed a legal claim through the Indonesian National Arbitration Board, whose decision was to reject all of the Company’s claims and to require it to pay arbitration costs. Therefore, the Aceh Regional Development Company promptly filed for the annulment of the decision issued by the Indonesian National Arbitration Board.
Copyright (c) 2025 Nurdin MH Nurdin MH, Analiansyah Analiansyah http://creativecommons.org/licenses/by-sa/4.0