El-Usrah: Jurnal Hukum Keluarga
type: channel
description: P-ISSN: 2620-8075 E-ISSN: 2620-8083 El-Usrah: Jurnal Hukum Keluarga is a double-blind peer-reviewed journal that is published by Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri, Banda Aceh, Indonesia. The journal endeavors to provide forums for academicians and researchers who are interested in the discussion of current and future issues on Islamic family law. The journal is dedicated to the scholarly study of all aspects of Islamic family law in Indonesia and in the world. Particular attention is paid to works dealing with marriage, inheritance, testament (washiah), divorce, property in marriage, childcare, women and children rights, the rights and obligations of family and endowments (wakaf), as well as ethical questions related to scientific research. The journal is committed to the publication of original research on Islamic Family Law. El-Usrah: Jurnal Hukum Keluarga is published twice in a year. El-Usrah 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: 200/M/KPT/2020. This accreditation is effective from publication Vol 2. No 1. 2018 (Sinta 5) El-Usrah: Jurnal Hukum Keluarga has been indexed by: Office address: Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry, Jalan Ar-Raniry, Kopelma Darussalam, Syiah Kuala, Banda Aceh, Aceh, Indonesia, Postal Code: 23111. Email: jurnal.elusrah@ar-raniry.ac.id
publisher: Universitas Islam Negeri Ar-Raniry Banda Aceh
language: en
publication name: El-Usrah: Jurnal Hukum Keluarga
issn: 2620-8075
copyright: Authors who publish in El-Usrah: Jurnal Hukum Keluarga agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. (See The Effect of Open Acces)
items: Mitigating Technosocial Dilemmas
items: Improving Moderate Attitudes among PGMI Students at UIN Sunan Gunung Djati Through Internalizing the Values of Religius Moderation in Fiqh Education Courses
items: Kepurusa as a Women’s Inheritance System in Bali
items: Marriage Contract in the Perspective of Mubadalah Ethics
items: Family Responsibility for Islamic Religious Education
items: Sharia-Based Waste Circularomics as A Model for Economic Development in Indonesia
items: Harmonization of Values Sumbang Marriage with Islamic Marriage Law
items: The Application of Syajarah al-Mīrāts in the Study of Islamic Inheritance Law
items: Integration of Islamic Law Principles in Overcoming Failure: Mediate Family Cases in The North Sulawesi Religious Court
items: Challenges in the Implementation of Professional Zakat for Civil Servants in Sinjai, South Sulawesi
items: Women's Iddah Period in 'Grey Divorce'
items: The Development of Sharia Courts in Aceh, Indonesia
items: Family Resilience Through Financial Literacy Within the Framework of Integrating Social Sciences and the Concept of the Prophet's Hadith
items: From Equality to Androgyny
items: Preventing Child Marriage through Local Regulation in Bangkalan from a Socio-Legal and Maqāṣid al-Sharīʿah Perspective
items: Reconceptualization of Nusyūz (Disobedient)
items: Resolving Customary Inheritance Disputes within Indonesia’s National Legal System
items: Negotiating Sharia Ethics in Paid Hotel Da’wah
items: Marriage Annulment Due to Apostasy
items: The Changing Meaning of Kafa’ah under the Influence of Social Change
items: Understanding the Concept of Ta’aruf in Pre-Marital Relationships
items: Halal Governance and Its Societal Impact
items: The Urgency of a Green Constitution Policy in the Development of the Indonesian Capital City as a Green Economy-Based City
items: Empowering Women through Mosque-Based Gender Education
items: From Text to Policy
items: Wildlife Conflict, Integrative Conservation, and Coffee Farmers in Bener Meriah, Aceh
items: Protection and Prevention of Sexual Violence against Women in the Workplace in Malang City from the Perspective of Maqashid Syariah
items: Viola's Local Wisdom Model in Therapy to Accelerate the Healing of Drug Abuse Victims in North Sumatra
items: The Transformation of Halal Certification Policy in Indonesia
items: Social Capital and Family Resilience to The Pandemic

Mitigating Technosocial Dilemmas
type: item
description: The escalation of contemporary digital media innovation has triggered a fundamental asymmetry between massive technological acceleration and the maturity of ethical and national regulatory frameworks, which in turn has resulted in a normative vacuum within the sociocultural order of global society. Although the discourse concerning the impacts of technological disruption has expanded significantly, previous studies tend to remain entrenched in narrow technocentric narratives and frequently overlook the crucial position of the family institution as a primary unit of analysis most vulnerable to algorithmic penetration and regulatory ambivalence. This article intervenes in these debates by proposing a digital mediation framework that positions the family not merely as a passive, impacted object, but as a strategic agent with a vital role in navigating the complexities of algorithmic governance and diverse digital content risks. The primary argument of this manuscript asserts that the strengthening of family-based digital literacy and the redefinition of digital parenting serve as essential instruments to mitigate discursive contestations and the deleterious media impacts that formal state policies have failed to comprehensively anticipate in this era of digital transformation. This research contributes a new theoretical foundation for the development of self-regulatory models at the micro-level, while simultaneously enriching international digital communication literature concerning the urgency of domestic resilience in facing media ecosystem dynamics that are increasingly boundless, complex, and problematic for the contemporary modern social order.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Amar Ahmad
creator: Nurhidaya Nurhidaya
creator: Muhammad Fajri
creator: Najmah Jaman
rights: Copyright (c) 2026 Amar Ahmad, Nurhidaya Nurhidaya, Muhammad Fajri, and Najmah Jaman http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
doi: 10.22373/ujhk.v9i1.34564

Improving Moderate Attitudes among PGMI Students at UIN Sunan Gunung Djati Through Internalizing the Values of Religius Moderation in Fiqh Education Courses
type: item
description: Higher education institutions, as intellectual spaces, should ideally serve as environments where the values of religious moderation are developed among students, including values such as national commitment, tolerance, national insight, non-violence, and respect for diversity. However, in practice, the phenomenon of a low level of understanding of religious moderation is still found across various campuses, including in the Primary Islamic School Teacher Education (PGMI) program at UIN Sunan Gunung Djati. This study aims to examine the effectiveness of the internalization of religious moderation values in enhancing students’ moderate attitudes, with the following research questions: Is there an improvement in the moderate attitudes of PGMI students after the internalization of religious moderation values? To what extent is the level of PGMI students’ moderate attitudes based on the four pillars of religious moderation, namely national commitment, tolerance, anti-violence, and accommodation of local culture? How does the process of internalizing religious moderation values occur among PGMI students at UIN Sunan Gunung Djati Bandung? A mixed-methods approach is employed, combining quantitative and qualitative data to provide a comprehensive understanding of both the outcomes and the process of internalization. The findings of this study indicate a significant increase in the high and very high categories (85.1%). The scores for each indicator of religious moderation namely national commitment, tolerance, anti-violence, and accommodation of local culture show a substantial improvement. These findings are supported by qualitative results based on observation and interview data, which reveal that students undergo an internalization process during the Fiqh course through three main stages: understanding, internalization (value appreciation), and application.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Asis Saefudin
creator: Ika Berdiati
rights: Copyright (c) 2026 Asis Saefudin and Ika Berdiati http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
doi: 10.22373/ujhk.v9i1.34546

Kepurusa as a Women’s Inheritance System in Bali
type: item
description: The legal system currently in force is inseparable from its long historical development. It is deeply-rooted in the spirit and identity of the nation, as well as in both Islamic law and customary law, for therein lies the true identity of Indonesian law. In Balinese customary law communities, inheritance distribution is based on a patrilineal system. Inheritance is granted to male descendants within the family, and a distinguishing feature in Balinese customary law is the principle of sentana rajeg (a daughter granted patrilineal heir status). This refers to a condition in which, when an heir has only daughters, a daughter may enter into a marriage in which the husband is incorporated into her family. This incorporation subsequently creates predana status. This study employs a normative juridical research method, analyzed through the theory of Islamic law. Data collection was conducted through library research. In the case being studied, inheritance of land was instead granted to a person who was neither part of the family bond nor held predana status. Although traditionally adhering to the Kepurusa system, developments in law and jurisprudence (e.g., Supreme Court Decision Number 1331 K/Pdt/2010) indicate that the concepts of Islamic inheritance law and Balinese customary law are alternative yet aligned, which is in accordance with the principle of justice. Another finding is the adjustment made to accommodate inheritance rights for daughters under certain criteria (e.g., not marrying outside the family, caring for parents, or based on family/customary agreements) in order to achieve the values of justice and equality.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Izuddin Abdussalam
creator: Ezraella Geraldine Beatricia
creator: Sania Raisyabila Nurinsan
creator: Rana Atikah
creator: Gita Shouniah
rights: Copyright (c) 2026 Izuddin Abdussalam, Ezraella Geraldine Beatricia, Sania Raisyabila Nurinsan, Rana Atikah, and Gita Shouniah http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 170
ending page: 188
doi: 10.22373/ujhk.v9i1.34321

Marriage Contract in the Perspective of Mubadalah Ethics
type: item
description: The marriage contract in classical Islamic law is frequently interpreted within a relational framework that may perpetuate inequality in marital relationships. In Indonesia, legal practices such as taklik talak and reciprocity pacts represent efforts to reconstruct the marriage contract toward a more egalitarian and reciprocal partnership. This study offers an original contribution by integrating normative fiqh analysis, critiques of gender bias, and institutional practices of Islamic family law in Indonesia through the framework of mubadalah ethics. The study aims to examine the concept and practice of the marriage contract and its implications for spousal relations from the perspective of mubadalah ethics. Employing a qualitative approach, this research applies descriptive-analytical and comparative methods based on library research, drawing upon Islamic legal literature, legal documents, and empirical studies concerning marital practices in Indonesia. The findings indicate that taklik talak functions as a protective mechanism for wives; however, it remains unilateral and does not substantively embody reciprocal marital relations. In contrast, reciprocity pacts reflect a more relational approach by establishing mutual commitments at the outset of marriage. The study also identifies a gap between normative frameworks and social practices, including limited public understanding of taklik talak and the influence of socio-cultural conditions and premarital education on the quality of marital relationships. The practical implications of this study underscore the need to strengthen regulatory frameworks, enhance premarital education, and develop innovative marriage contract practices within Religious Affairs Offices (KUA) to better align with the principles of gender justice and reciprocity. Accordingly, this study contributes to the development of Islamic family law by proposing a more comprehensive framework that integrates normative, ethical, and practical dimensions…
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Edy Setyawan
creator: Fitriana Fitriana
rights: Copyright (c) 2026 Edy Setyawan and Fitriana Fitriana http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 414
ending page: 434
doi: 10.22373/ujhk.v9i1.34224

Family Responsibility for Islamic Religious Education
type: item
description: Families have a responsibility for the religious education of their children. This responsibility is a legal obligation of parents based on Islamic family law and Indonesian positive law. However, its implementation at the household level does not always conform to these normative standards. This study aims to examine the gap between parents' legal responsibility for their children's religious education and the empirical reality in Kulisusu, North Buton, Southeast Sulawesi, using emotional intelligence and student learning outcomes in Islamic Religious Education (PAI) as indicators of fulfillment of this obligation. This study uses a socio-legal approach, normatively reviewing provisions in Islamic family law and relevant legislation. Empirically, it analyzes quantitative data from 70 students at SMA Negeri 1 Kulisusu. The findings show that the mean emotional intelligence score is 64.67, classified as moderate, whereas the mean PAI achievement score is only 29.79, with 0% of students meeting the Minimum Mastery Criteria (KKM = 75). Simple linear regression yields a coefficient of β = −0.664 with p = 0.020 and R² = 0.077, indicating a statistically significant negative relationship, albeit with a small contribution to the variance in PAI learning outcomes. These results strongly suggest that families in Kulisusu have not optimally performed their religious educational function as required by family law norms. Accordingly, strengthening the family law framework is necessary through the reorientation of parental guidance programs at the Office of Religious Affairs (KUA), the integration of children’s religious education indicators into school-based religious instruction, and the development of local family resilience policies grounded in religious education.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Samrin Samrin
creator: Tandri Patih
creator: Andi Yaqub
creator: Pairin Pairin
creator: Eka Sufartianinsih Jafar
rights: Copyright (c) 2026 Samrin Samrin, Tandri Patih, Andi Yaqub, Pairin Pairin, and Eka Sufartianinsih Jafar http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 310
ending page: 328
doi: 10.22373/ujhk.v9i1.34198

Sharia-Based Waste Circularomics as A Model for Economic Development in Indonesia
type: item
description: This study investigates the implementation of a syariah-based circular economy model in waste management within Kendari and Bau-bau, Indonesia. The research addresses the gap in existing literature by exploring the application of syariah principles in creating a sustainable waste management system. The research employs a qualitative approach, utilizing observations, in-depth interviews with stakeholders, and focused group discussions to gather comprehensive data. The findings reveal significant achievements in integrating syariah principles, such as al-amanah (responsibility), al-iqtishadiyah (efficiency), and al-'adalah (justice), into the waste management systems. Technological innovations, such as biogas conversion at TPA Puwatu, have shown success in addressing waste issues and providing economic benefits. Additionally, educational and community empowerment programs have effectively increased public participation in sustainable waste management practices. The study concludes that the syariah-based circular economy model is effective in creating a sustainable and ethical waste management system, with potential for broader application in other regions. The research highlights the importance of integrating religious principles with modern environmental practices to achieve holistic sustainability.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Husain Insawan
creator: Laode Anhusadar
creator: Alwahidin Alwahidin
creator: Azzahrah Insawan Putri
rights: Copyright (c) 2026 Husain Insawan, Laode Anhusadar, Alwahidin Alwahidin, and Azzahrah Insawan Putri http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 125
ending page: 142
doi: 10.22373/ujhk.v9i1.34169

Harmonization of Values Sumbang Marriage with Islamic Marriage Law
type: item
description: The relationship between customary law and Islamic law within the Kerinci indigenous community of Jambi reflects a dynamic and evolving socio-legal interaction shaped by historical, cultural, and religious influences. These two normative systems coexist within the same social framework and frequently intersect in regulating various aspects of community life, particularly in the domain of marriage. In many instances, the interaction between these systems demonstrates harmony and mutual reinforcement; however, certain practices reveal underlying tensions that necessitate adaptive negotiation. One notable example is the practice of Sumbang Marriage, which refers to unions between individuals with close blood relations. Within customary law, such marriages are not strictly prohibited but are subject to social sanctions in the form of fines (budendo). In contrast, Islamic law establishes clear prohibitions regarding specific degrees of kinship, thereby creating a complex legal landscape for the community. This study employs a qualitative research method based on library research, drawing on academic literature, customary legal documents, and relevant statutory regulations. A descriptive-analytical approach is utilized to interpret legal texts alongside socio-cultural contexts in order to identify patterns of interaction, points of conflict, and mechanisms of harmonization between customary and Islamic legal systems. The findings indicate that the Kerinci community does not perceive customary law and Islamic law as mutually exclusive. Instead, it develops adaptive mechanisms to integrate both systems. Customary practices are often reinterpreted or modified to align with Islamic principles, while areas of tension are addressed through deliberative processes involving customary leaders and religious authorities. This integrative approach reflects a pragmatic model of legal pluralism, in which negotiation and contextual interpretation play central roles. Ultimately, the coex…
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Halil Khusairi
creator: Asa’ari Asa’ari
creator: Faizin Faizin
creator: Iqbal Katrino
rights: Copyright (c) 2026 Halil Khusairi, Asa’ari Asa’ari, Faizin Faizin, and Iqbal Katrino http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 435
ending page: 452
doi: 10.22373/ujhk.v9i1.34148

The Application of Syajarah al-Mīrāts in the Study of Islamic Inheritance Law
type: item
description: The study of mawaris (Islamic inheritance law) constitutes an essential component of Islamic jurisprudence. However, it remains relatively unpopular among the public, particularly within Majelis Taklim (Islamic study groups) and Dayah (traditional Islamic boarding schools). One of the primary factors contributing to this condition is the widespread perception that the science of mawaris is difficult to comprehend because of the complexity of inheritance distribution and calculations in Islamic law. Nevertheless, developments in instructional methods suggest that the study of mawaris can be made more accessible through the application of the Syajarah al-Mīrāts method. This study aims to analyze the concept of Syajarah al-Mīrāts in the study of Islamic inheritance law and to examine its application in teaching mawaris within Islamic study groups and Islamic boarding schools in West Aceh. The study employed a qualitative approach, and the data were collected through observation and interviews involving teachers, managers of Islamic study groups, and Islamic boarding school students. The findings reveal that the use of Syajarah al-Mīrāts in Islamic inheritance law literature remains relatively limited and has not yet been widely adopted as a primary instructional method for explaining the inheritance law. Moreover, the application of this method in Majelis Taklim and Dayah in West Aceh is still limited and not widely recognized. However, the study identified two Majelis Taklim that actively and consistently implement the Syajarah al-Mīrāts method in teaching Islamic inheritance law. The method has proven effective in helping participants understand the relationships among heirs and the mechanisms of inheritance distribution in a more systematic and accessible manner. This study confirms that the Syajarah al-Mīrāts method possesses significant pedagogical and legal potential for advancing the teaching and learning of Islamic inheritance law within the community.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Husamuddin MZ
creator: Sumardi Efendi
creator: Mellyan Mellyan
creator: Edwar Ibrahim
creator: Yoni Hendrawan
rights: Copyright (c) 2026 Husamuddin MZ, Sumardi Efendi, Mellyan Mellyan, Edwar Ibrahim, and Yoni Hendrawan http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 473
ending page: 491
doi: 10.22373/ujhk.v9i1.34133

Integration of Islamic Law Principles in Overcoming Failure: Mediate Family Cases in The North Sulawesi Religious Court
type: item
description: This study examines the failure of mediation in family cases at the North Sulawesi Religious Court and emphasizes the importance of integrating Islamic legal principles to address these issues. Although many studies have addressed mediation failures, this study offers a more in-depth perspective by highlighting how the dominance of legal formalities often ignores the substance of peaceful dispute resolution. Through a qualitative approach, in-depth interviews are conducted with judges, mediators, and parties involved in the mediation process. Thematic analysis is then used to identify patterns and themes from the collected data. The study results show that one of the leading causes of mediation failure is the lack of application of Islamic legal principles, such as the activeness of mediator judges in promoting peace. In addition, local wisdom ('urf) that is supposed to strengthen mediation is often overlooked, which reduces the effectiveness of the mediation process. The success of mediation, if it occurs, is more often determined by external pressures, such as family pressures, than by the mediation itself. Therefore, this study emphasizes the need for stronger integration between Islamic legal principles and mediation approaches in Religious Courts to achieve fairer, more peaceful dispute resolution for all parties.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Nurlaila Harun
creator: Nasruddin Yusuf
creator: Henky Fernando
creator: Yuniar Galuh Larasati
rights: Copyright (c) 2026 Nurlaila Harun, Nasruddin Yusuf, Henky Fernando, and Yuniar Galuh Larasati http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 215
ending page: 235
doi: 10.22373/ujhk.v9i1.34080

Challenges in the Implementation of Professional Zakat for Civil Servants in Sinjai, South Sulawesi
type: item
description: Professional zakat is a form of contemporary ijtihad (independent reasoning) intended to optimize the function of zakat (obligatory charity) within the context of modern occupations, including among civil servants. Professional zakat is normatively regarded as relevant to the Islamic principle of social justice; yet, its implementation among civil servants continues to face various challenges. This study aims to analyze the challenges on the implementation of professional zakat for civil servants from the perspective of maqāṣid al-sharī’ah (objectives of Islamic law). the study employed an empirical legal approach analyzed through the theory of maqāṣid al-sharī’ah. Data were collected through a literature review of books, statutory regulations, and journal articles, as well as through in-depth interviews with informants, including Badan Amil Zakat Nasional (BAZNAS) administrators, government officials, and muzakki (zakat payers). Findings reveal a number of challenges on its implementation, including differences in fiqh (Islamic jurisprudence) views on the legality of professional zakat, low zakat literacy of civil servants, perceived salary deductions as an administrative coercion, limited trust in zakat management institutions, and lack of synergy between state policies and religious authorities. To this end, from the perspective of maqāṣid al-sharī’ah, such conditions potentially hinder the achievement of zakat objectives in preserving wealth (ḥifẓ al-māl), maintaining social justice, and promoting public welfare (maṣlaḥah ‘āmmah). Therefore, strengthening the implementation of professional zakat for civil servants requires a maqāṣid-based approach that emphasizes education, transparency, and religious awareness, so that zakat shall be understood not merely as a formal obligation but as an ethical instrument for social welfare. The study further discovers other challenges involving regulatory uncertainty at the regional level regarding the implementation of profe…
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Rahmawati Muin
creator: Andi Muh. Taqiyuddin BN
creator: Musyfikah Ilyas
creator: Syarifuddin Syarifuddin
creator: Trisno Putra
rights: Copyright (c) 2026 Rahmawati Muin, Andi Muh. Taqiyuddin BN, Musyfikah Ilyas, Syarifuddin Syarifuddin, and Trisno Putra http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 389
ending page: 413
doi: 10.22373/ujhk.v9i1.33640

Women's Iddah Period in 'Grey Divorce'
type: item
description: Marriage, divorce, maintenance, inheritance, and the legal consequences arising from these issues are problematic issues in Islamic family law that will always arise in Muslim communities in Indonesia and throughout the Muslim world. The phenomenon of 'divorce at an advanced age' (divorce among the elderly) is increasing in Indonesia, triggering normative challenges in Islamic marriage law, especially regarding the mandatory iddah period for menopausal women. The study uses empirical legal methods, explained by the theory of maqāṣid al-sharī‘ah. Data were collected through interviews and literature studies. The literature reviewed includes classic legal texts such as fiqh books, journal articles, and legislation. This study concludes that, based on the Compilation of Islamic Law, Article 153 paragraph (6) of the Indonesian Islamic Law Code (KUHP), an iddah period of one year is mandatory for menopausal women. This period is much longer if we use the Georgian Calendar and raises critical questions in the context of 'divorce at an advanced age', where the main purpose of iddah—istibra al-rahim (ensuring an empty uterus) is medically irrelevant. This study reveals that the classical provisions on 'iddah menopause are ijtihadi (dependent on legal reasoning) and contextual, so they are open to normative reformulation. Consequently, this article proposes a reformulation of Article 153 (6) of the KHI to be more gender-just and responsive to maqāṣid. By distinguishing between ’iddah ta'abbudi (ritualistic) and ’iddah ta'aqquli (rational) in the context of ‘grey divorce’, this reformulation aims to strengthen legal protection for women while maintaining the relevance of Islamic family law in Indonesia.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Sofia Hardani
creator: Erman Erman
creator: Iqbal Prima Bratasena
rights: Copyright (c) 2026 Sofia Hardani, Erman Erman, and Iqbal Prima Bratasena http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 37
ending page: 59
doi: 10.22373/ujhk.v9i1.34045

The Development of Sharia Courts in Aceh, Indonesia
type: item
description: If the Sharia Court in Aceh is examined from a historical perspective, its institutional roots can be traced to the office of the qadhi (Islamic judge) during the era of the Islamic sultanates. This historical fact influenced the colonial period, independence, the New Order, and the Reformation era. This study aims to examine the development of the Sharia Court from the kingdom era to the Reformation era using an Islamic legal social history approach. This study employs empirical legal methods, analyzed using Islamic legal social history theory. Data were collected through document studies and interviews. The documents analyzed included laws, regulations, books, journal articles, and court decisions. The informants interviewed included academics, judges, and non-Muslim members of the public. The study finds that the development of the Sharia Court in Aceh has experienced significant fluctuations from the sultanate period to the reform era. During the sultanate era, Islamic judicial institutions flourished, with courts led by qadhi who functioned as both legal authorities and moral arbiters within society. In the colonial period, particularly under Dutch and Japanese rule, Islamic courts were progressively marginalized, resulting in legal pluralism marked by tensions among Islamic law, customary law (adat), and Western legal systems. In the post-independence period, religious courts gradually gained formal recognition within the national legal system, including the incorporation of women as judges, reflecting increasing institutionalization and gender inclusivity. During the reform era, the Sharia Court underwent a process of revitalization, particularly following the implementation of special autonomy in Aceh and the formal introduction of the Islamic law within the regional legal system.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Abidin Nurdin
creator: Ridhwan Ridhwan
creator: Teuku Zulkarnaen
creator: St Halimang
creator: Fauzan Samad
rights: Copyright (c) 2026 Abidin Nurdin, Ridhwan Ridhwan, Teuku Zulkarnaen, St Halimang, and Fauzan Samad http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 143
ending page: 169
doi: 10.22373/ujhk.v9i1.34009

Family Resilience Through Financial Literacy Within the Framework of Integrating Social Sciences and the Concept of the Prophet's Hadith
type: item
description: Family Resilience has gained increasing scholarly attention amid growing economic uncertainty and financial vulnerability. This study aims to reconceptualize financial literacy as a pillar of family resilience from a Hadith perspective, addressing a gap in mainstream literature that often overlooks ethical and religious foundations. This research uses an interpretative qualitative method, analyzed using an integration-interconnection approach by Amin Abdullah, namely analyzing the Prophet's hadiths regarding household financial management, then integrating them with social sciences, such as economics and finance, and Islamic law. The findings demonstrate a strong convergence between prophetic ethical principles and core indicators of modern financial literacy. The Hadith emphasis on responsibility for family provision aligns with budgeting practices and prioritization of essential needs, thereby supporting household economic stability. Teachings on moderation in consumption foster adaptive and sustainable financial attitudes, contributing to long-term resilience. Prophetic warnings against excessive debt reflect an early awareness of structural financial risks that contemporary studies associate with family stress, conflict, and economic fragility. Furthermore, ethical guidance on the use of wealth cultivates value-oriented financial behavior that enhances not only economic resilience but also social, emotional, and moral well-being within households. Overall, the study shows that Hadith-based financial literacy operates as a moral–financial capability that integrates technical financial competence with ethical responsibility. Thus, this research strengthens the theory of integration-interconnection of hadith studies with social sciences, especially economics and Islamic family law, which offers a conceptual basis for the development of family policies and contextual and sustainable financial literacy education.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Muhammad Ali
creator: Andi Muhammad Ali Amiruddin
creator: La Ode Ismail Ahmad
creator: Abd. Bashir Fatmal
creator: Dian Handayani
rights: Copyright (c) 2026 Muhammad Ali, Andi Muhammad Ali Amiruddin, La Ode Ismail Ahmad, Abd. Bashir Fatmal, and Dian Handayani http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 189
ending page: 214
doi: 10.22373/ujhk.v9i1.34003

From Equality to Androgyny
type: item
description: This study examines the dynamics of husband-wife relationships in progressive Muslim families in Indonesia, focusing on the transition from the principle of gender equality to the practice of relational androgyny. Employing a qualitative research design grounded in feminist theory and the sociology of family and law, this study utilizes in-depth interviews with three informants selected through purposive criteria to capture lived experiences of egalitarian Muslim households. The findings reveal that progressive Muslim families construct fluid, negotiated, and participatory relational patterns in parenting, decision-making, and economic roles, moving beyond formal equality toward contextual and practice-based relational arrangements. The main driving factors include increasing socio-cultural transformation, relative autonomy from traditional familial structures, and reflective religious consciousness, while the primary obstacles arise from the persistence of patriarchal cultural internalization, dominant conservative religious interpretations, and gender-biased socio-political frameworks. This study further demonstrates that the integration of relational androgynous values is actively cultivated through family-based education, role modeling, and the reinterpretation of Islamic teachings toward gender justice. These findings confirm the significance of relational androgyny as a praxis-oriented and contextually grounded framework in Islamic gender and family studies, contributing to the development of a more equitable, adaptive, and sustainable Muslim family model in contemporary Indonesia.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Isnatin Ulfah
creator: Luthfi Hadi Aminuddin
rights: Copyright (c) 2026 Isnatin Ulfah and Luthfi Hadi Aminuddin http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 492
ending page: 515
doi: 10.22373/ujhk.v9i1.33951

Preventing Child Marriage through Local Regulation in Bangkalan from a Socio-Legal and Maqāṣid al-Sharīʿah Perspective
type: item
description: This research has shown that the main institutional problem with child marriage prevention in Bangkalan is not the lack of legal norms, but the lack of the capacity of legal frameworks at the grassroots level. The lack of strong enforcement, the indecisiveness of village officials, and poor coordination between religious courts, KUA officials, and child protection institutions are the problems that can undermine the effective application of the Bangkalan Regent Regulation No. 60 of 2024. Although the regulation offers a holistic system whereby preventive strategies and multisectoral coordination are incorporated, its effect in operation is limited by the culture and economic influences that still legitimize early marriage practices. The paper finds institutional fragmentation, low enforcement capacity, and socio-cultural resistance to be some of the critical challenges in policy implementation. Legal structure, legal culture and socio-economic conditions interact to influence the effectiveness of the legal enforcement. The analysis by the Quantitative Strategic Planning Matrix (QSPM) shows that the most strategic priority is reinforcement of legal enforcement and village-level supervision, but its sustainability requires simultaneous community education and economic empowerment. This study will be of significance to the socio-legal discussion since it will indicate that the efficacy of local regulation is conditional upon the correspondence between the aspects of the legal system, as envisioned by Lawrence M. Friedman, and the moral purpose of the Islamic law, stipulated in maqāṣid al-sharīʿah, especially ḥifẓ al-nasl. Bangkalan case empirically demonstrates that the local regulations can serve as effective tools to translate national child protection commitments into context-sensitive governance as long as they are accompanied by institutional capacity, cultural involvement, and policy strategies.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Galuh Widitya Qomaro
creator: Adiyono Adiyono
creator: Harsh Mahaseth
creator: Slamet Arofik
rights: Copyright (c) 2026 Galuh Widitya Qomaro, Adiyono Adiyono, Harsh Mahaseth, and Slamet Arofik http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 106
ending page: 124
doi: 10.22373/ujhk.v9i1.33809

Reconceptualization of Nusyūz (Disobedient)
type: item
description: This research is driven by the rampant violence experienced by women in the household. Reasons for disobedience and disobedience of wives often trigger acts of violence that husbands mostly commit. Using the excuse of religious demands, the mistakes made by the wife are considered by the husband as a form of disobedience or nusyūz. Without an adequate understanding of the meaning of nusyūz and how to solve it, some unscrupulous husbands act arbitrarily because they consider themselves the head of the family with complete authority over their wives. This study aims to redefine the concept of nusyūz (disobedience) in order to develop a more balanced and beneficial framework. This study employs a normative-analytical approach, drawing on sources such as the Qur’an, hadith, classical texts (including fiqh, uṣūl al-fiqh, and tafsir), as well as other relevant references. The analytical methods used include textual analysis, uṣūl al-fiqh (takhṣīṣ method), and contextual interpretation within a socio-legal approach. According to the study, nusyūz refers to fāḥishah mubayyinah, or known sinful acts conveyed by the Prophet during the Hajj Wada’. Fāḥishah mubayyinah is a major sin that is known because it refers to sexual acts other than adultery. The meaning of nusyūz can be applied equally to husband and wife. It means that both husband and wife have opportunities to act nusyūz or disobey their partners.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Apriyanti Apriyanti
creator: Thalhah Thalhah
creator: Eko Zulfikar
creator: Anisatul Mardiah
rights: Copyright (c) 2026 Apriyanti Apriyanti, Thalhah Thalhah, Eko Zulfikar, and Anisatul Mardiah http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 539
ending page: 561
doi: 10.22373/ujhk.v9i1.33626

Resolving Customary Inheritance Disputes within Indonesia’s National Legal System
type: item
description: This study examines the legal status and dispute resolution mechanisms concerning harta pusaka tinggi within the Minangkabau customary inheritance system in West Sumatra, as well as the urgency of its incorporation into Indonesia’s national inheritance framework through the Compilation of Islamic Law (Kompilasi Hukum Islam). The study focuses on the management and transfer of harta pusaka tinggi, which under Minangkabau adat law constitutes collective ancestral property that cannot be individually owned or transferred except under limited circumstances based on communal deliberation. This research aims to analyze the legal position of harta pusaka tinggi in Minangkabau customary law, examine the mechanisms for resolving inheritance disputes, and formulate the need for substantive legal reform regarding customary inheritance within the national legal system. Employing a qualitative socio-legal approach that combines legal anthropology and normative legal analysis, data were collected through interviews with customary leaders affiliated with the Lembaga Kerapatan Adat Alam Minangkabau (LKAAM), the Kerapatan Adat Nagari (KAN), community leaders, and court judges in West Sumatra, complemented by an analysis of statutory regulations and legal documents. The findings reveal that the governance of harta pusaka tinggi has undergone significant transformation due to modernization, economic pressures, and the absence of comprehensive national regulations governing customary inheritance. These conditions have generated legal uncertainty, increased inheritance disputes, and created difficulties for judges in determining substantive legal grounds in customary inheritance cases. This study argues for the reconstruction and accommodation of Minangkabau customary inheritance principles within the Compilation of Islamic Law in order to strengthen legal certainty, preserve indigenous customary values, and promote a more responsive inheritance dispute resolution system within Indonesi…
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Khairuddin Hasballah
creator: Gamal Achyar
creator: Aulil Amri
creator: Mulia Rahman
creator: Aisyah Idris
rights: Copyright (c) 2026 Khairuddin Hasballah, Gamal Achyar, Aulil Amri, Mulia Rahman, and Aisyah Idris http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
doi: 10.22373/ujhk.v9i1.32765

Negotiating Sharia Ethics in Paid Hotel Da’wah
type: item
description: This study investigates the growing phenomenon of paid Islamic preaching events held in hotels across Makassar City, focusing on how this trend reflects an adaptive transformation of contemporary da’wah movements in response to modernity, digital culture, and the religious preferences of Generation Z. The research aims to analyze the motivations, spiritual orientations, and religious experiences of Gen Z participants, as well as the ways in which market logic and spatial aesthetics shape their expressions of religiosity. Using a qualitative descriptive design, the study employs in-depth interviews, participatory observation, and documentation to explore the intersection of spirituality, economy, and urban visual culture within these events. The findings indicate that paid da’wah performs a dual function: it operates as a form of modern spiritual retreat that offers emotional restoration amid digital saturation, and simultaneously as a commodified religious product professionally curated through industry standards and social media aesthetics. This dynamic produces a hybrid form of spirituality that blends traditional Islamic values with contemporary lifestyle markers. While its influence on Gen Z’s religiosity tends to be affective and short-term, paid da’wah effectively stimulates spiritual awareness and provides a space for negotiating new religious identities in the digital era. The originality of this research lies in its integrative analysis of commodification, mediatization, and youth religiosity within urban Islamic practices an area still underexplored in Indonesian scholarship. The study highlights the need for ethical, sustainable, and community-oriented da’wah models that can support deeper and more consistent spiritual development among younger generations.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: St. Nasriah
creator: Audah Mannan
creator: Herman Herman
creator: Kasjim Salenda
creator: Andi Ridwan
rights: Copyright (c) 2026 St Nasriah, Audah Mannan, Herman Herman, Kasjim Salenda, and Andi Ridwan http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 329
ending page: 345
doi: 10.22373/ujhk.v9i1.32943

Marriage Annulment Due to Apostasy
type: item
description: Annulment of marriage due to apostasy is a complex issue that clashes with religious doctrines, state regulations, and social dynamics in Indonesia's pluralistic society, especially in the multicultural city of Malang. This study examines the socio-religious perspective of the Malang City Religious Harmony Forum (FKUB) regarding the legal regulation of annulment of marriage due to apostasy from five official religions, namely Islam, Christianity, Catholicism, Hinduism, and Buddhism, as well as the potential for both legal and social conflicts in interfaith marriage. Using a qualitative phenomenological approach based on the social construction theory of Berger and Luckmann and Soekanto's legal sociology, data were collected through semi-structured interviews with selected FKUB representatives in a purposive manner and the analysis of the Compilation of Islamic Law (KHI) documents and related regulations. Thematic analysis reveals diverse theological views: Islam encourages cancellation (fasakh) with the certainty of fiqh and the normative of positive law based on maslahah; Christians and Catholics prioritize pastoral counseling and the perpetuation of the sacraments with conditional dispensation; Hinduism emphasizes dharma harmony and communal mediation, while Buddha prioritized non-dogmatic solutions based on metta and ahimsa. Major conflict risks include children's religious identity, custody disputes, inheritance rights, and social stigmatization. The research concludes that an inclusive regulatory framework is needed to ensure legal certainty, protect vulnerable parties, and maintain communal harmony in Indonesia's multireligious context
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Miftahus Sholehudin
creator: Moh. Fadli
creator: Rachmi Sulistyarini
creator: Djumikasih Djumikasih
creator: Mufidah Mufidah
rights: Copyright (c) 2026 Miftahus Sholehudin, Moh. Fadli, Rachmi Sulistyarini, Djumikasih Djumikasih, and Mufidah Mufidah http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 263
ending page: 283
doi: 10.22373/ujhk.v9i1.32590

The Changing Meaning of Kafa’ah under the Influence of Social Change
type: item
description: The concept of kafa'ah (marital compatibility) in Islamic marriage has undergone significant transformation in response to contemporary social change. This study examines the evolving understanding of classical kafa'ah among Generation Z, focusing on students of Islamic family law at UIN Ar-Raniry Banda Aceh. A mixed-methods approach was employed, with data collected through questionnaires administered to 100 respondents, preliminary interviews with 30 participants, and direct observation. The findings indicate that traditional elements of kafa'ah, including religiosity, lineage, economic status, profession, and freedom from physical or moral defects, remain relevant. However, contemporary considerations such as shared life goals, educational background, common interests, and gender equality have emerged as primary criteria in partner selection. This shift is strongly influenced by globalization, exposure to digital media, and evolving discourses on gender equality. Generation Z demonstrates a tendency to reinterpret classical concepts by integrating modern values while maintaining essential religious principles. This study recommends the development of Islamic family law frameworks that are more contextual, adaptive, and responsive to generational dynamics while remaining faithful to foundational Islamic teachings.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Albirra Trisna
creator: Misbahul Huda
creator: Saifullah Muhammad Yunus
creator: Nahara Eriyanti
rights: Copyright (c) 2026 Albirra Trisna, Misbahul Huda, Saifullah Muhammad Yunus, and Nahara Eriyanti http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 346
ending page: 369
doi: 10.22373/ujhk.v9i1.32484

Understanding the Concept of Ta’aruf in Pre-Marital Relationships
type: item
description: The process of establishing a marriage bond often begins with introductions and the development of rapport between prospective partners. In Islam, this process is guided by the practice of ta'aruf, a method of introduction permitted under the Islamic law. Despite its religious legitimacy, many individuals, particularly students, remain hesitant to engage in ta'aruf, instead favoring alternative forms of introduction, such as dating or unrequited relationships (HTS), which are prohibited in Islam and more prevalent among contemporary youth. This study examines the understanding of family law students at UIN Ar-Raniry Banda Aceh regarding the concept of ta'aruf, its advantages compared to other introduction models, and the factors influencing students' limited interest and readiness to implement it as the initial stage of marriage. A mixed-method approach was employed, involving 100 family law students across three cohorts (2022–2024). Data were collected through questionnaires, interviews, and observations. Findings indicate that students generally possess theoretical knowledge of ta'aruf and recognize its benefits; however, they lack familiarity with its full procedural implementation. Moreover, many students remain reluctant to choose ta'aruf as their preferred method of acquaintance prior to marriage. The study concludes that a gap exists between students' theoretical understanding of ta'aruf and its practical application. Psychological, social, and educational factors contribute to the preference for alternative introduction methods. The results suggest the need for enhanced education and guidance on Islamic legal values in the premarital process to facilitate not only comprehension but also practical application of ta'aruf in accordance with Islamic law.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Maulvi Almunawarah
creator: Fakhrurrazi M. Yunus
creator: Bukhari Ali
creator: Muqni Affan Abdullah
rights: Copyright (c) 2026 Maulvi Almunawwarah, Fakhrurrazi M. Yunus, Bukhari Ali, and Muqni Affan Abdullah http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 236
ending page: 262
doi: 10.22373/ujhk.v9i1.32485

Halal Governance and Its Societal Impact
type: item
description: The different state foundations of Indonesia and Malaysia civil society-driven versus state-centric significantly shape their halal certification policies. Indonesia’s decentralized, bottom-up governance model allows religious civil society, particularly the Indonesian Ulema Council (MUI), to play a strong role in certification. Despite the government’s takeover of certification management, MUI retains doctrinal authority through its halal fatwas. In contrast, Malaysia’s centralized, top-down model has positioned the Islamic Development Department of Malaysia (JAKIM) as the sole regulatory authority overseeing halal certification. This article examines a comparative study of both countries’ halal certification frameworks, analyzing how their institutional structures influence policy implementation. Indonesia’s multi-stakeholder model, involving both governmental and non-governmental actors, has led to a prolonged certification process due to bureaucratic complexities. Meanwhile, Malaysia’s state-led approach ensures a more streamlined and efficient process. These contrasting regulatory models reflect deeper institutional and historical trajectories, shaping not only the efficiency of halal governance but also its broader legitimacy. This study contributes to discussions on the intersection of religion, state authority, and policy-making, offering insights into how governance structures impact regulatory effectiveness in halal certification.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: subjects
subject: Array
  topic: disciplines
creator: Moh Nizar
creator: Mohammad Zaki Ahmad
rights: Copyright (c) 2025 Moh Nizar and Mohammad Zaki Ahmad http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 952
ending page: 978
doi: 10.22373/ujhk.v8i2.29191

The Urgency of a Green Constitution Policy in the Development of the Indonesian Capital City as a Green Economy-Based City
type: item
description: The development of Indonesia’s new capital city (IKN) is envisioned as a green economy-based “smart forest city. This article examines the urgency of integrating green constitutionalism into the regulatory framework governing IKN development. Employing a normative juridical method with statutory and comparative approaches, this study analyzes constitutional environmental provisions in Indonesia alongside those of Germany, Ecuador, and South Africa. The findings reveal that, although the 1945 Constitution of Indonesia guarantees the right to a good and healthy environment (Article 28H (1) and promotes environmentally sustainable development (Article 33 (4), their implementation remains largely formalistic and lacks effective enforcement mechanisms. Consequently, the IKN project risks generating significant environmental degradation, including deforestation, if these constitutional norms are not operationalized. Comparative analysis demonstrates that Germany embeds state responsibility for environmental protection and intergenerational justice, Ecuador recognizes the rights of nature (Pachamama), and South Africa constitutionally guarantees environmental rights within a justiciable framework. This study argues that incorporating these principles into the IKN legal framework would enhance environmental protection through stronger regulatory instruments, increased public participation, and greater institutional accountability. It proposes a “green constitutional policy” model that bridges the gap between constitutional norms and practical implementation. The study contributes to the growing discourse on environmental constitutionalism by offering actionable legal policy recommendations for sustainable capital city development in Indonesia and comparable jurisdictions.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Sugeng Dwiono
creator: Slamet Haryadi
creator: Azzahra Rizki Ananda
rights: Copyright (c) 2026 Sugeng Dwiono, Slamet Haryadi, and Azzahra Rizki Ananda http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
doi: 10.22373/ujhk.v9i1.32232

Empowering Women through Mosque-Based Gender Education
type: item
description: Gender equality and justice are critical areas of inquiry, not only within academic discourse but also in shaping practical responses to contemporary issues affecting women. To effectively address these challenges, this study essentially adopt an integrated perspective that draws from Islamic teachings, gender theories, and women's studies. It employed a qualitative methodology using a grounded theory approach to examine an initiative of Women Education Program conducted by Great Mosque of Istiqlal in Jakarta, Indonesia, including gender curriculum, method and collaboration. The program reflects a global outlook and is supported by multi-stakeholder partnerships involving ministries, universities, and organizations at local, national, and international levels. Participants in the study responded to a combination of close and open-ended questions designed to explore their knowledge, perceptions, and experiences with the program. The study aimed to explore the contributions of Mosque–based Women Ulama Education Cadre Program conducted by Grand Mosque of Istiqlal in improving gender-responsive curricula and teaching methodologies, particularly in enhancing women's knowledge, skills, and active participation in social transformation. The analysis was guided by three interconnected theoretical frameworks: Islamic perspective, gender and social welfare theories. It applied an approach of gender education in alignment with the Tri Dharma of Islamic Higher Education under the auspices of the Ministry of Religious Affairs of the Republic of Indonesia.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Rosita Tandos
creator: Amiruddin Kuba
rights: Copyright (c) 2026 Rosita Tandos and Amiruddin Kuba http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 1
ending page: 36
doi: 10.22373/ujhk.v9i1.32215

From Text to Policy
type: item
description: This study aims to recontextualize the ḥadīth concerning the requirement of a maḥram for women performing the ḥajj by analyzing its relevance within contemporary Indonesian conditions. Using a qualitative approach that combines textual analysis of ḥadīth sources with socio-legal perspectives, the research examines how classical interpretations may be integrated with modern gender-sensitive jurisprudence and pilgrimage governance. The findings indicate that the essence of the maḥram requirement lies in safeguarding women’s security, which in the Indonesian context is realized through institutional mechanisms such as the group pilgrimage system (kloter), supervisory structures, and the increasing involvement of female officers. This demonstrates a shift from a strictly biological understanding of the maḥram toward a structural-symbolic model of protection embedded in hajj management. The study’s originality lies in bridging classical ḥadīth interpretation with contemporary policy frameworks, offering a gender-responsive reading that aligns with maqāṣid al-sharīʿah, particularly ḥifẓ al-nafs (protection of life) and ḥifẓ al-ʿird (protection of dignity). The implications extend to both scholarship and practice: enriching the discourse on women’s fiqh in modern contexts while providing policymakers with recommendations for designing inclusive, secure, and equitable hajj services that respond to the evolving needs of female pilgrims.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Sitti Asiqah Usman Ali
creator: Muhammad Patri Arifin
creator: Andi Mujahidil Ilman SM
creator: Muh. Awaluddin A
creator: Andi Fadhil Andi Aderus
rights: Copyright (c) 2025 Sitti Asiqah Usman Ali, Muhammad Patri Arifin, Andi Mujahidil Ilman SM, Muh. Awaluddin A and Andi Fadhil Andi Aderus http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-26
publication date: 2025-12-26
starting page: 793
ending page: 811
doi: 10.22373/ujhk.v8i2.32214

Wildlife Conflict, Integrative Conservation, and Coffee Farmers in Bener Meriah, Aceh
type: item
description: Forest degradation has driven the emergence of the green economy as a paradigm of sustainable development. In Indonesia, the government strives to maintain forest conservation and food security simultaneously. However, human–wildlife conflict, such as that occurring in Bener Meriah Regency, Aceh, has become a huge challenge. Gayo coffee farmers face disturbances from elephants and tigers, which threaten both harvests and ecosystems. They respond to the challenges with local wisdom and integrative conservation approaches. Through the role of customary institutions and farmer groups and the potential of wildlife-friendly coffee, farmers have become key actors in sustainable and community-oriented conservation. In light of this, the present study employs a qualitative method using Antonio Gramsci’s critical sociology theory of hegemony and Clifford Geertz’s anthropological perspective of culture as a system of meaning. Data collection was carried out by means of observation, in-depth interviews, focus group discussions (FGD), and document analysis. The data analysis used was Spradley’s analysis technique consisting of domain analysis, taxonomic analysis, componential analysis, and thematic analysis. Findings reveal that the conflict between wildlife and coffee farmers in Bener Meriah has been caused by the loss of habitat and the expansion of plantation land. The conflict has fueled economic, social and cultural impacts. As such, the community has applied local wisdom as an adaptive strategy; yet, for sustainable solutions, it is necessary to have an integrative model, involving the government, conservation institutions and local communities.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: subjects
creator: Fakhrurrazi Fakhrurrazi
creator: Rizki Yunanda
creator: Khairulyadi Khairulyadi
creator: Richa Meliza
creator: Yusniar Yusniar
rights: Copyright (c) 2026 Fakhrurrazi Fakhrurrazi, Rizki Yunanda, Khairulyadi Khairulyadi, Richa Meliza, and Yusniar Yusniar http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-18
publication date: 2026-05-18
starting page: 84
ending page: 105
doi: 10.22373/ujhk.v9i1.32138

Protection and Prevention of Sexual Violence against Women in the Workplace in Malang City from the Perspective of Maqashid Syariah
type: item
description: This study aims to evaluate the implementation of the Policy on the Prevention of Sexual Violence in the workplace based on the Minister of Manpower Decree No. 88 of 2023 in Malang City, and to assess the effectiveness of this policy from the perspective of Maqashid Sharia. A qualitative research approach was employed using an empirical juridical method, combining policy document analysis with in-depth interviews involving key stakeholders, particularly from the Malang City Manpower Office. The study identifies key challenges in policy implementation, including limited awareness and understanding among workers, insufficient supervisory resources, and suboptimal mechanisms for reporting and handling cases. The Maqashid Sharia analysis reinforces the urgency of comprehensive protection of life (hifzh al-nafs), dignity (hifzh al-'ird), and well-being (hifzh al-mal) of workers as the core objectives of the policy. Although the regulation addresses legal and procedural aspects, the holistic application of maqashid values still requires improvement to ensure the policy's effective and sustainable implementation within Indonesia's socio-cultural context. This study offers strategic recommendations emphasizing enhanced education and training for both workers and employers, strengthening monitoring systems, and adapting the policy to be more responsive to local needs and Sharia principles. The research makes a significant contribution to filling the academic gap in the application of Maqashid Sharia in labor law and proposes concrete, applicable solutions for policymakers in Indonesia.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: M. Aunul Hakim
creator: Sheila Kusuma Wardani Amnesti
creator: Siti Zulaichah
rights: Copyright (c) 2025 M. Aunul Hakim, Sheila Kusuma Wardani Amnesti, and Siti Zulaichah http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 1021
ending page: 1039
doi: 10.22373/ujhk.v8i2.31992

Viola's Local Wisdom Model in Therapy to Accelerate the Healing of Drug Abuse Victims in North Sumatra
type: item
description: Drug abuse has become an extraordinary crime (extraordinary crime) and thus constitutes a human threat to citizens at the local, national, and international levels. To address this, the Government issued UU Nomor 35 Tahun 2009, and Pasal 27 states that drug users and victims of drug abuse are required to undergo medical and social rehabilitation. One effort to socially rehabilitate drug addicts is through the use of active violin music therapy, which is played by the drug addict for a certain period of time. The research conducted aims to: determine the potential of the violin as a rehabilitation therapy to accelerate the healing process for drug addicts; categorize drug addicts who can be rehabilitated with the violin; and produce a local wisdom model of the violin as a rehabilitation therapy to accelerate the healing process for drug addicts in North Sumatra. The research used an experimental method with a qualitative and quantitative approach, analyzed using Islamic cultural and legal theory. Meanwhile, data analysis used pre-test and post-test. The research results explain that: (1) The violin has potential as a rehabilitation therapy for drug addicts. (2) There are two categories of violin music therapy: active therapy, which involves playing the violin, and passive therapy, which involves listening to violin music. (3) The violin has an impact on the rehabilitation of drug addicts. From a cultural perspective, the violin is part of the revitalization of local wisdom, which is important to preserve and does not conflict with Islamic law. Its purpose is to provide healing and therapy for drug addicts, which is part of the goal of Islamic law: preserving the soul.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Muhlizar Muhlizar
creator: Nelvitia Purba
creator: Joharsyah Joharsyah
creator: Nurul Azmi Saragih
creator: Anwar Sadat Harahap
rights: Copyright (c) 2025 Muhlizar Muhlizar, Nelvitia Purba, Joharsyah Joharsyah, Nurul Azmi Saragih, and Anwar Sadat Harahap http://creativecommons.org/licenses/by-sa/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 892
ending page: 911
doi: 10.22373/ujhk.v8i2.31833

The Transformation of Halal Certification Policy in Indonesia
type: item
description: The transformation of halal certification policy in Indonesia has advanced significantly through the introduction of the self-declare scheme for micro and small enterprises (MSEs). This policy reflects the government's commitment to making halal certification more inclusive, efficient, and accessible, while fostering the independence and long-term sustainability of the national halal industry. This study aims to examine the implementation of the self-declare scheme in strengthening the sustainability and self-reliance of Indonesia’s halal industry. This research employs a normative legal approach, analyzed through the perspectives of Islamic legal theory and public policy. The findings indicate that the self-declare scheme has substantially increased the number of halal-certified products, expedited the certification process, and reduced certification costs for MSEs. These outcomes have broadened access to halal certification, particularly for small-scale businesses. Nevertheless, several challenges remain, including ensuring effective supervision, maintaining the validity of self-declared claims, and enforcing compliance with halal standards. Addressing these issues is essential to preserving the credibility and integrity of the halal certification system. When implemented effectively, the self-declare scheme represents a strategic policy instrument for enhancing the competitiveness, resilience, and independence of Indonesia’s halal industry, while also contributing to sustainable national economic growth. From the perspective of Islamic law, halal certification is closely aligned with the objectives of maqāṣid al-sharīʿah, particularly the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), and property (ḥifẓ al-māl). Accordingly, this policy transformation constitutes a legal and regulatory measure designed to provide protection, assurance, and consumer confidence regarding the halal status, safety, and quality of products, especially for Muslim consumers …
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
creator: Edi Susilo
creator: A. Kumedi Ja’far
rights: Copyright (c) 2026 Edi Susilo and A. Kumedi Ja’far http://creativecommons.org/licenses/by-sa/4.0
date: 2026-05-30
publication date: 2026-05-30
starting page: 284
ending page: 309
doi: 10.22373/ujhk.v9i1.31224

Social Capital and Family Resilience to The Pandemic
type: item
description: The management of large-scale societal crises is often impeded by a complex interplay of factors, yet the strategic role of social capital in mitigating such unforeseen global challenges remains inadequately conceptualized. This study aims to systematically examine the contribution of social constitutive capital to the development of family resilience during the pandemic in the contemporary world. Employing a Systematic Literature Review (SLR) methodology, this research analyzed 20 pertinent articles sourced from the Scopus database. The results delineate a multifaceted typology of contributions: social capital functions through direct mechanisms, as a mediating variable alongside other factors, and through indirect pathways. The analysis establishes that social capital (operationalized through trust, networks, norms, and social organization) served as a fundamental pillar of family resilience. Its efficacy was significantly amplified when synergized with local belief systems, technological adoption, entrepreneurial initiatives, and institutional support. Furthermore, social capital acted as a critical mediator in enhancing relational capacities within marginalized demographics. A cross-national analysis of 27 countries highlighted the pivotal role of social trust in alleviating psychological distress, thereby bolstering collective resilience. Conversely, the study also revealed that the impact of social capital on individual resilience was comparatively less significant than that of socioeconomic status, demographic vulnerability, and robust physical infrastructure. These findings provide a seminal framework for understanding the multidimensional utility of social capital in crisis response.
subject: Articles
  topic: section
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: keywords
subject: Array
  topic: subjects
creator: Zulkifli
creator: Nuryaman
creator: Dhea Urfina Zulkifli
creator: Muhamad Fahri
rights: Copyright (c) 2025 Zulkifli, Nuryaman, Dhea Urfina Zulkifli and Muhamad Fahri http://creativecommons.org/licenses/by-sa/4.0
date: 2025-09-13
publication date: 2025-09-13
starting page: 724
ending page: 748
doi: 10.22373/rj290a90