Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Hakam: Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam, is a peer-reviewed journal by experts in the fields of Islamic Law and Islamic Economic Law, covering both normative and empirical studies, using various approaches (See Focus and Scope) in accordance with the theme of each research study related to the scientific study. Hakam: Jurnal Kajian Hukum Islam dan Ekonomi Islam, has been accredited with a Rank 2 accreditation, in accordance with the Decree of the Director General of Research and Development of the Ministry of Higher Education, Science, and Technology of the Republic of Indonesia No. 295/C/C3/KPT/2026 dated January 2, 2026. This journal is published four times a year (March, June, September, and December) by the Lembaga Penerbitan, Penelitian, dan Pengabdian kepada Masyarakat, Universitas Nurul Jadid Paiton Probolinggo, Indonesia. Email: hukumkeluarga.fai@unuja.ac.id p-ISSN 2829-5803 e-ISSN 2580-8052 This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Hakam: Jurnal Hukum Islam dan Hukum Ekonomi Islam Published by Lembaga Penerbitan, Penelitian, dan Pengabdian kepada Masyarakat (LP3M) Universitas Nurul Jadid Paiton Probolinggo, Indonesia.
Copyright of this publication is a possession of Hakam : Jurnal Hukum Islam dan Hukum Ekonomi Islam journal, by the knowledge of the author, while the moral right of the publication belongs to the author. The formal legal aspect of journal publication accessibility refers to Creative Commons Atribusi-Non Commercial-Share Alike (CC BY-NC-SA), which implies that publication can be used for non-commercial purposes under the same or similar license as the original form. Authors are permitted to copy and redistribute the journal's published version of the work, with an acknowledgment of its initial publication in Contemporary Mathematics and Applications (ConMathA). Every publication (printed/electronic) are open access for educational purposes, research, and library. Other than the aims mentioned above, the editorial board is not responsible for copyright violation. This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License. Hakam: Jurnal Hukum Islam dan Hukum Ekonomi Islam Published by Lembaga Penerbitan, Penelitian, dan Pengabdian kepada Masyarakat, Universitas Nurul Jadid Paiton Probolinggo, Indonesia.
DIGITAL UNCERTAINTY IN ISLAMIC BUSINESS LAW: A SYSTEMATIC LITERATURE REVIEW ON GHARAR AND MAISIR IN CONTEMPORARY E-COMMERCE TRANSACTIONS
The rapid expansion of e-commerce and digital financial technologies has transformed contemporary business practices, generating new forms of contractual uncertainty that challenge established principles of Islamic business law. Central to this challenge are the classical prohibitions of Gharar (excessive uncertainty) and Maisir (speculative gain), which function as core ethical and legal benchmarks for evaluating the permissibility of commercial transactions under Shariah. Despite a growing body of scholarship addressing these issues, existing studies remain fragmented across normative, empirical, and theoretical approaches, with limited systematic synthesis. This article addresses this gap by conducting a systematic literature review (SLR) of Scopus-indexed journal articles published between 2015 and 2025 that examine Gharar and Maisir in contemporary e-commerce and digital financial transactions. Applying a PRISMA-guided methodology, the review analyzes 36 unique studies and synthesizes findings across four analytical dimensions: study characteristics and quality, theoretical foundations, thematic patterns of digital transactions, and methodological trends with associated research gaps. The findings reveal strong scholarly convergence on the centrality of contractual transparency, informed consent, and risk mitigation as prerequisites for Shariah compliance in digital transactions. At the same time, significant divergence persists regarding the scope of acceptable uncertainty, particularly in relation to emerging technologies such as cryptocurrencies and gamified e-commerce models. The review further demonstrates that Gharar functions as the dominant conceptual gateway for regulating digital commerce, while Maisir operates as a critical boundary marker in cases of extreme speculation. This study contributes to Islamic business law scholarship by offering an integrated conceptual and methodological map of existing research, clarifying areas of consensus and contestation, and identifying priority directions for future inquiry. The findings underscore the need for adaptive regulatory frameworks, empirically informed legal analysis, and purposive interpretation grounded in maqāṣid al-sharīʿah to ensure that Islamic legal principles remain ethically robust and practically relevant in the digital economy
Copyright (c) 2026 Lutfi Maulana, Ikmal Mumtahaen, Muhammad Romli, Ahmad Khaliq https://creativecommons.org/licenses/by-nc-sa/4.0
RECONSTRUCTION OF THE DIGITAL ECONOMY ALGORITHM FROM KHITAB WAD’I TO KHITAB TAKLIF: A PERSPECTIVE FROM JASSER AUDA’S SYSTEM THEORY
This article examines the reconstruction of digital economic algorithms from the category of khitab wad’i to khitab taklif through the perspective of Jasser Auda’s systems theory. The rapid expansion of digital transactions has transformed algorithms from merely technical instruments into automated decision-making systems that influence contracts, pricing, recommendations, credit scoring, and user access to economic services. This development raises a fundamental question in Islamic economic law: whether algorithms should remain understood as passive legal means or be positioned as functional extensions of human action. This study employs normative legal research with conceptual, philosophical, and maqasidi approaches. The data are derived from classical usul al-fiqh literature, Jasser Auda’s systems theory, and contemporary studies on algorithmic governance in the digital economy. The findings show that classical usul al-fiqh tends to position algorithms as wasilah or sabab, while systems theory enables a more holistic reading by connecting human intention, technological design, automated action, legal consequence, and maqasid. This article argues that algorithms in the digital economy may be reconstructed as part of fi’l al-mukallaf because their operation reflects human intention, design, and responsibility. This reconstruction contributes to the development of Islamic digital economic law by strengthening legal accountability, ethical responsibility, and maqasid-based governance in automated transactions.
Copyright (c) 2026 Doni Ekasaputra, Tutik Hamidah, Yunifa Miftachul Arif https://creativecommons.org/licenses/by-nc-sa/4.0
THE TASALUH, TANAZUL, AND TAKHĀRUJ MODELS IN THE INHERITANCE PRACTICES OF MADURESE CLERICAL FAMILIES IN MADURA
This study examines the implementation of tasāluh, tanāzul, and takhāruj in inheritance settlement within the family of the late Kiai Haji AMM in Panaan Village, Palengaan, Pamekasan, Madura. The research addresses a theoretical tension between the textual-mathematical normativity of faraid and socio-cultural realities that prioritize deliberation and familial harmony. Employing a qualitative case study design within a socio-legal framework, the study integrates in-depth interviews, participant observation, inheritance agreement documentation, and analysis of classical Islamic inheritance jurisprudence alongside maqāṣid al-sharī‘ah theory. The findings demonstrate that faraid remains the acknowledged normative baseline; however, its application is mediated through tasāluh grounded in mutual consent (‘an tarāḍin). Tanāzul and takhāruj operate as flexible redistributive instruments that are jurisprudentially valid and socially adaptive. From a maqāṣid perspective, the practice safeguards not only ḥifẓ al-māl (protection of property) but also ḥifẓ al-‘ird and ḥifẓ al-ukhuwwah (protection of dignity and fraternity), thereby fostering substantive justice and preventing intra-family conflict. The study formulates a “Consensual-Religious Inheritance Model of Madura,” integrating textual normativity, moral authority of religious leaders, and relational justice. These findings contribute to strengthening mediation-based inheritance mechanisms within Indonesian Islamic family law and advancing contemporary discourse on living fiqh grounded in local socio-religious wisdom.
Copyright (c) 2026 A Mufti Khazin, Ahmad Musadad, Tri Pujiati, Ifa Mutitul Choiroh, Moh. Hatta, Baihaqi Baihaqi https://creativecommons.org/licenses/by-nc-sa/4.0
THE EFFECTIVENESS OF SEMA NO. 3 OF 2023 IN REDUCING DIVORCE RATES: A SOCIO-LEGAL STUDY AT THE KRAKSAAN RELIGIOUS COURT
This study examines the effectiveness of the implementation of Supreme Court Circular Letter (SEMA) No. 3 of 2023 in reducing divorce rates at the Kraksaan Religious Court, Indonesia, using a socio-legal approach. The regulation introduces a six-month separation requirement for divorce based on disputes, aiming to prevent impulsive divorce and strengthen family resilience. This research employs empirical legal methods with data collected through interviews, court documents, and statistical records. The findings reveal a paradox: despite the formal implementation of SEMA, divorce cases increased significantly after its enactment. This indicates that the policy operates more as a procedural filter than as an effective instrument of social control. Using Soerjono Soekanto’s theory of legal effectiveness and Edward III’s implementation framework, the study shows that the main limitations lie not in legal substance or institutional capacity, but in socio-cultural factors, including low public legal awareness, limited policy socialization, weak evidentiary mechanisms, and the normalization of divorce in society. Consequently, the regulation fails to substantially influence litigant behavior. This study argues that legal policy alone is insufficient to address complex social issues such as divorce. A more holistic approach integrating legal regulation with public education, improved mediation, and socio-cultural engagement is required to enhance policy effectiveness. The research contributes to socio-legal scholarship by highlighting the gap between normative legal design and empirical reality in judicial policy implementation.
Copyright (c) 2026 Shofiatul Jannah, Dzulfikar Rodafi, Salsabillah Jannah Zhika Prameswari, Aprilia Intan Jannah Pratiwi, Imamuddin Imamuddin https://creativecommons.org/licenses/by-nc-sa/4.0
HYBRID CONTRACTS AND SHARIAH REGULATORY TRANSFORMATION IN ISLAMIC BANKING : EVIDENCE FROM ACEH
The implementation of the Qanun on Islamic Financial Institutions (Qanun LKS) in Aceh has transformed the regulatory landscape of Islamic banking by requiring all financial institutions to operate based on sharia principles. This study examines how hybrid contracts (al-‘uqud al-murakkabah) are structured and implemented within the post-Qanun regulatory framework. Unlike previous studies that mainly discuss hybrid contracts from normative and permissibility perspectives, this research analyzes their practical operation within a territorially binding sharia regulatory regime. This study employs an empirical legal approach with a socio-legal framework. The data were obtained from financing contract documents used in Islamic banking practices in Aceh, particularly murabahah bil wakalah, musyarakah mutanaqisah, and ijarah muntahiya bittamlik (IMBT), as well as relevant regulations and DSN-MUI fatwas. The data were analyzed qualitatively through content analysis, thematic coding, and document triangulation to examine contractual structures, implementation patterns, and potential sharia compliance risks. The findings indicate that hybrid contracts have become the dominant contractual structure in Islamic banking practices in Aceh following the implementation of the Qanun LKS. The integration of multiple contracts into a single financing structure functions not merely as product innovation, but as a regulatory adaptation mechanism that harmonizes regional sharia legislation, national banking regulations, and fatwa standards. However, the study also identifies several structural issues related to contract sequencing, clause interdependence, and documentation consistency that may create potential sharia non-compliance risks. This study argues that the institutionalization of sharia regulation in Aceh has directly influenced the reconstruction of contractual architecture in Islamic banking practices. Accordingly, hybrid contracts should be understood not only as contractual innovations, but also as institutional responses to regulatory transformation within contemporary Islamic finance.
Copyright (c) 2026 Lia Murlisa, Muhammad Maulana, Nilam Sari https://creativecommons.org/licenses/by-nc-sa/4.0
MUI FATWA NO. 2/2025 ON EQUITABLE TAXATION: A MAQASID SYSTEMS AND NKRI-CONTEXTUAL ANALYSIS
This article examines MUI Fatwa No. 2/2025 on equitable taxation as a religious-normative framework for evaluating fiscal legitimacy in Indonesia. The study addresses the question of how taxation, as a civic obligation, can be justified within Islamic legal reasoning in relation to justice, public welfare, zakat, and state accountability. Using a qualitative, normative, textual method, the article treats the fatwa as the primary source and analyzes it through Jasser Auda’s MAQASID systems approach and KH. Afifuddin Muhajir’s NKRI contextual understanding of the state as a wasīlah for realizing public welfare. The findings reveal that the fatwa does not consider taxation to be inherently legitimate simply because it is imposed by the state. Rather, the fatwa establishes equitable taxation through three main categories: conditional legitimacy, distributive protection, and procedural integrity. Taxation is legitimate only when public resources are insufficient, fiscal burdens are imposed on those who can pay, essential needs are protected from excessive taxation, and tax revenue is managed with amānah (trustworthiness), transparency, accountability, professionalism, and fairness. The fatwa also considers zakat a tax-reducing factor, addressing the risk of overlapping fiscal burdens for Muslim taxpayers. The article argues that the fatwa does not replace the state’s legal-fiscal authority but rather provides an ethical benchmark for assessing whether taxation is just, accountable, and oriented toward public welfare under NKRI conditions.
Copyright (c) 2026 Ryan Bianda, Nur Hasan, Muhammad Yosef Niteh, Maad Ahmad https://creativecommons.org/licenses/by-nc-sa/4.0
DISHARMONY IN THE REGULATION OF BAI’ AL-WAFA’ WITHIN THE KHES AND THE REGULATORY VACUUM OF DSN-MUI FATWAS: A NORMATIVE STUDY OF SHARIA ECONOMIC LAW
Bai’ al-wafa’ is a controversial contract construction in muamalah fiqh, located in a gray area between buying and selling and pawning. This study aims to analyze the disharmony of norms related to the regulation of bai’ al-wafa’ in the Islamic economic legal system in Indonesia. The main problem lies in the dualism of regulations: the Compilation of Islamic Economic Law (KHES) explicitly legalizes this practice through Articles 112-115, while the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) is in a position of authoritative vacuum. Using a juridical-normative method, this study examines the implications of the tension between formal legality and sharia compliance. The results show that the legality of bai’ al-wafa’ in KHES is a form of legal pragmatism to accommodate market needs, while the vacuum of DSN-MUI fatwas is interpreted as the application of the principle of prudence (ihtiyath) to prevent the practice of hidden usury (hilah). This study concludes that the legality of bai’ al-wafa’ in the KHES is a form of legal pragmatism that risks violating the purity of sharia principles, therefore, the supremacy of the DSN-MUI fatwa must be prioritized as the standard of compliance.
Copyright (c) 2026 Dadang Zenal Mutaqin, Wati Irna Wati https://creativecommons.org/licenses/by-nc-sa/4.0
RETHINKING CHILD CUSTODY (HADANAH) IN MODERN MUSLIM FAMILIES: BETWEEN MATERNAL PREFERENCE AND CHILD-CENTERED JUSTICE
This study reexamines the concept of Hadanah in Islamic family law by highlighting the dominance of maternal preference amid changes in the structure of contemporary Muslim families. The study employs a normative-interdisciplinary approach that combines an analysis of classical fiqh, attachment theory in developmental psychology, and the framework of maqāṣid al-sharī‘ah. The findings indicate that the primacy of the mother in child-rearing reflects a socio-historical construction rather than an absolute normative principle. Modern psychological studies confirm that the quality of emotional bonds and the stability of care play a more decisive role than the caregiver’s gender identity. Meanwhile, the maqāṣid approach opens up a more flexible space for reinterpretation by prioritizing the child’s best interests as the primary orientation. This study offers a conceptual formulation of Hadanah based on child-centered justice, which places the child’s best interests as the primary basis for determining custody. This model is expected to enrich the discourse on Islamic family law reform, making it more responsive, contextual, and oriented toward substantive justice.
Copyright (c) 2026 muhamad zahid abdullah zuhri https://creativecommons.org/licenses/by-nc-sa/4.0
SHARIAH-COMPLIANT PRICING BENCHMARK GOVERNANCE: A MAQASID-BASED ANALYSIS OF INDONIA THROUGH ABDULLAH BIN BAYYAH’S FRAMEWORK
This article examines the governance of Shariah-compliant pricing benchmarks in Indonesian Islamic finance by analyzing whether IndONIA-based pricing references can be justified through the maqāṣid al-sharī‘ah framework of Abdullah bin Bayyah. The study responds to the continuing dependence of Islamic financial institutions on conventional interest-based benchmarks, which may create risks of Shariah mimicry, reputational uncertainty, and weak public literacy regarding Islamic financial pricing. Employing a qualitative-normative method with a descriptive-analytical approach, this research analyzes regulatory documents issued by Bank Indonesia, OJK, and DSN-MUI, supported by relevant literature on Islamic legal philosophy and financial governance. The analysis is framed through Bin Bayyah’s concepts of fiqh al-wāqi‘, tashīl, i‘tibār al-ma’ālāt, and the distinction between wasīlah and ghāyah. The findings show that a pricing benchmark is not a ribawī object when it functions as a transparent valuation parameter rather than as a source of guaranteed return. In murābaḥah and ijārah contracts, the benchmark may serve as an initial pricing reference and rental adjustment indicator, while in muḍārabah and mushārakah contracts, it may only operate as an expected return or performance benchmark. This article contributes by proposing a maqāṣid-based governance model that links real-market data, Shariah supervision, transparency, and wealth protection. It argues that IndONIA-based benchmarking can strengthen Islamic financial integrity when anchored in real economic productivity, public accountability, and distributive justice.
Copyright (c) 2026 Ahmad Fauzi Latif https://creativecommons.org/licenses/by-nc-sa/4.0
SINGLE PARENTING AND THE CONSTRUCTION OF SAKINAH FAMILIES: INTEGRATING ISLAMIC FAMILY LAW AND ROLE STRAIN THEORY
This study examines the challenges of single parenting in realizing a sakinah family from the perspectives of Islamic family law and Role Strain Theory. The increasing prevalence of single-parent households has raised concerns regarding the sustainability of family harmony and parental responsibilities, while existing studies tend to separate normative Islamic teachings from sociological analysis. This study aims to analyze the relevance of Qur'an Surah An-Nisa verse 9 in guiding parental responsibilities and to explain the role strain experienced by single parents in maintaining family stability. Employing a qualitative library research approach, the study analyzes Qur'anic exegesis, scholarly literature, and sociological theories related to family dynamics and parenting. The findings indicate that single parents experience multiple role demands as economic providers, caregivers, educators, and emotional supporters, resulting in role strain. However, these pressures do not necessarily undermine family harmony, as adaptive coping strategies, religious values, and social support can strengthen parental resilience. Qur'an Surah An-Nisa verse 9 provides a normative framework emphasizing the protection of future generations through responsibility, compassion, and moral commitment. The study further demonstrates that the realization of a sakinah family depends more on the quality of parenting and value internalization than on the completeness of family structure. The novelty of this research lies in integrating Islamic family law with Role Strain Theory to provide a comprehensive framework for understanding single parenting in contemporary Muslim societies. The findings contribute to the development of Islamic family law and family sociology while offering practical insights for strengthening family resilience through religious and social support systems.
Copyright (c) 2026 Siti Nafilatul Ahlamiyah https://creativecommons.org/licenses/by-nc-sa/4.0
THE BUREAUCRATIZATION OF FAITH: THE POLITICAL BACKDROP OF INDONESIA’S FIRST SHARIA-COMPLIANT ECONOMIC LEGISLATION
This study examines the political backdrop of the rise of Sharia-compliant economic rules during the final decade of Indonesia’s New Order regime. Through a critical lens of political economy, this study aims at analyzing the political-historical landscape that facilitated the birth of the nation’s first Islamic banking. Using a qualitative approach, this study employs a historical perspective to investigate the convergence of state power and legislative policy during the late 1980s and early 1990s. The research results indicate that the enactment of the Law No 7 of 1992 on Banking, which becomes the foundation of Islamic finance, served primarily as a strategic tool of state diplomacy aimed at perpetuating the New Order’s hegemony. Drawing on Tarek Masoud’s political economy framework, this study argues that Suharto pivoted toward a Sharia-compliant economic system to secure a new foundation of legitimacy among the burgeoning educated Muslim middle class. This maneuver was a calculated response to mitigate declining support from secular military factions and to co-opt the moral reputational advantage of Islamic institutions
Copyright (c) 2026 Ahmad Fathan Aniq https://creativecommons.org/licenses/by-nc-sa/4.0
BEYOND MORAL COMPLIANCE: FAITH, TRUST, AND SOCIO-ECONOMIC BONDING IN INDONESIAN ISLAMIC MICROENTERPRISES
This article examines how faith-based ethical norms generate economic resilience through socio-economic bonding in Indonesian Islamic microenterprises. A qualitative case study was conducted on a traditional food enterprise in Sampang, East Java, operating continuously from 1995 to 2025. Data were collected through semi-structured interviews with eight participants (owner, family members, repeat and occasional customers), non-participant observation, and document analysis. Using reflexive thematic analysis and process tracing, the study identifies three interconnected mechanisms: faith-driven trust formation, ethical reciprocity, and community embeddedness. The findings demonstrate that repeated ethical conduct—pricing transparency, product consistency, and courteous service—accumulates into relational capital that stabilizes customer loyalty and generates word-of-mouth diffusion. This mechanism enhances enterprise resilience against external shocks such as seasonal fluctuations, though the single-case design limits generalizability. The study contributes to Islamic economics by conceptualizing ethical practice as a relational capital formation process, offering a grassroots perspective on microenterprise sustainability in Muslim-majority contexts.
Copyright (c) 2026 Mansur Mansur, Siti Nur Mahmudah, Sahrul Sahrul https://creativecommons.org/licenses/by-nc-sa/4.0
Analysis Corporate Zakat Collection in National Zakat Institutions: Perspectives Normative and Strategic Approaches
This article examines the implementation of corporate zakat within national zakat institutions by analyzing two key dimensions: normative perspectives and strategic approaches. From a normative standpoint, this study explores the legal and religious foundations governing corporate zakat obligations, as outlined in Law No. 23 of 2011 on Zakat Management and reinforced by the Indonesian Ulema Council (MUI) Fatwa No. 8 of 2011. From a strategic perspective, it highlights the role of the Zakat Compliance Label (Label Taat Zakat) and Zakat Payment Receipt (Bukti Setor Zakat) as tools to enhance transparency, accountability, and corporate donor trust toward the National Board of Zakat (BAZNAS). Using a qualitative descriptive approach through document analysis and in-depth interviews, data was processed using tabulation, proportion calculation, year-on-year growth, and classification based on the type of company (general and sharia) and type of funds (corporate zakat). In addition, a comparative analysis was conducted between years to identify patterns of fluctuations, retention, and the tendency of the company's contribution to the total collection. The data source comes from the internal reports of the Company's Zakat Division. This study contributes to Islamic philanthropy in companies by showing how normative and strategic instruments interact within state sanctioned zakat institutions. In terms of policy, these findings advocate cross sectoral collaboration between zakat authorities, regulatory bodies, and business associations to optimize corporate zakat governance. Keywords : Corporate Zakat, Normative Perspective, Strategic Approach, Islamic Philanthropy, BAZNAS
Copyright (c) 2026 Edwin Nurul Syafarudin https://creativecommons.org/licenses/by-nc-sa/4.0
UJI SUBSTANTIF PASAL 212 KHI DALAM SENGKETA PENARIKAN HIBAH: STUDI KOMPARATIF DUA PUTUSAN PERADILAN AGAMA
This study examines the dialectics of judicial reasoning (rechtsvinding) in disputes over the revocation of gifts (ruju’ fi al-hibah) through the lens of the abuse of rights doctrine (ta’assuf fi isti’mal al-haq). Historically, Article 212 of the Compilation of Islamic Law (KHI) is often misunderstood as a norm granting absolute authority to parents to revoke a gift, rendering it devoid of material boundaries and potentially triggering injustice. Through normative legal research employing conceptual and comparative approaches to the Surabaya Religious Court Decision No. 5001/Pdt.G/2018/PA.Sby and Supreme Court Decision No. 467/K/AG/2017, this article reveals that the judiciary has shifted towards substantive justice. Judicial disparity occurs not due to inconsistent textual adherence, but as a manifestation of the judge's acuity in detecting bad faith. The Surabaya Religious Court canceled a gift to punish manipulation and defect of will (wilsgebreke) by the child, while the Supreme Court canceled a gift to prevent the exploitation of marital property by the parent without spousal consent. As a core finding, this article deconstructs the right of revocation into a "conditional right" and provides a practical contribution in the form of three absolute material testing parameters for judges: motivation test (two-way bad faith detection), ownership and object transformation test (mawani’ al-ruju’), and harm proportionality test. The cumulative application of these parameters is expected to serve as a judicial guideline to prevent the abuse of rights and protect the justice of the family institution.
Copyright (c) 2026 Mohammad Sar'an, sahril sidik, Ramdani Wahyu Sururie https://creativecommons.org/licenses/by-nc-sa/4.0
SHARIA GOVERNANCE AND THE CHALLENGES OF SYSTEMIC FINANCING RISK: A CRITICAL ANALYSIS OF THE DYNAMICS OF DSN-MUI FATWAS
Indonesia's Islamic finance industry faces a new challenge when the DSN-MUI fatwa, as a normative guideline, must be translated into the bank's evolving policies and operational practices. This study aims to understand how sharia actors—DSN, DPS, regulators, and bank management—experience, interpret, and manage the dynamics of fatwas in the context of systemic financing risk. Using a grounded theory approach with an emphasis on subjective experience, data is collected through in-depth interviews and observations to capture the meanings, perceptions, and dilemmas experienced by stakeholders. The findings show that the fatwa translation process is a complex social experience, characterized by negotiations of religious understanding, time asynchrony between financial innovation and fatwa response, and the interpretive burden felt by industry players when faced with regulatory gray areas. Actors portray fatwas as a guideline that gives direction, but at the same time a source of uncertainty when its application is not uniform. These dynamics shape risk vulnerabilities that are not only technical, but also psychological and institutional. This research emphasizes the importance of more responsive fatwa communication, increasing the capacity of sharia governance, and strenGraunded Theoryhening risk mitigation mechanisms based on understanding the experiences of industry players. Overall, the study provides a new perspective on how fatwas work in practice and how those dynamics affect the stability of the Islamic financial system.
Copyright (c) 2026 Asep Hedi Turmudi https://creativecommons.org/licenses/by-nc-sa/4.0
A HUSBAND’S NEGLET OF MAINTENANCE OBLIGATION FOR HIS WORKING WIVES FROM AN ISLAMIC LAW PERSPECTIVE
Spousal support is a key component in building a harmonious household. However, when a wife earns an income through her work, husbands often become neglectful and assume that providing spousal support is no longer necessary. The purpose of this study is to examine the role of Islamic law in addressing the neglect of spousal support for working wives in Gampong Pulolhoih. This study employs a qualitative approach using a case study design. Data were collected through in-depth interviews, observation, and documentation. The data were then analyzed through data organization and descriptive analysis to describe the cases by linking them to explanatory analysis. The results of the study indicate that Islamic law, explicitly through its primary reference, the Qur’an, has addressed the husband’s obligation to fulfill his wife’s rights; even if the wife has her own income, this does not automatically nullify the husband’s obligation. Findings in Gampong Pulolhoih indicate that the issue of spousal support neglect is not a new one; this is evident from the procedures and steps that must be taken to address this matter. The process begins with resolving the issue through family deliberation, proceeds to the village level if no resolution is reached, and may ultimately end up in the legal system through the religious courts. The practice of neglecting spousal support for working wives in Gampong Pulolhoih is generally caused by the uncertainty of the husband’s employment and income, compounded by deeply ingrained bad habits in daily life.
Copyright (c) 2026 Siti Maqfirah https://creativecommons.org/licenses/by-nc-sa/4.0
SULUP MARRIAGE AND LEGAL PLURALISM: NEGOTIATING CUSTOMARY, ISLAMIC, AND STATE LAW IN TIDORE SOCIETY
This study examines the socio-legal construction of the Sulawesi marriage tradition as a traditional marriage practice in the community of Gamtufkange Village, Tidore Islands City, as well as its interaction with Islamic law and state law. Nikah sulup is a procession of marriage contracts that is carried out behind closed doors before the implementation of the official contract in front of the headman, which is based on a certain time calculation by the traditional elders by looking at the positions of the moon and stars. This study uses a qualitative method with a sociology of law and 'urf approaches, through observation, interviews, and documentation. The results of the study show that sulup marriage is seen as a form of cultural effort to avoid things that are considered bad in domestic life, as well as provide psychological calm for couples. From a socio-legal perspective, this practice reflects the existence of legal pluralism, where customary norms coexist and negotiate with sharia norms and state law. Normatively, sulup marriage has not met the formal legal requirements of the state so that an official re-contract is still carried out. However, in the perspective of 'urf, this tradition can be categorized as 'urf sahih as long as it does not contradict the basic principles of sharia. This research confirms that law is not only understood as a normative text, but also as a social practice that lives in society.
Copyright (c) 2026 Abu Sahman Nasim, Syaifuddin Syaifuddin, Marwa Marwa, Rifda Nasir, Muhammad Ufuqul Mubin, Abu Sanmas https://creativecommons.org/licenses/by-nc-sa/4.0
NEGLECT OF CHILD CUSTODY RIGHTS POST JUDGMENT (AN ANALYSIS OF THE ROLE OF THE SIGLI SHARIA COURT)
Divorce rulings often result in a battle for child custody, driven merely by a desire to satisfy a momentary ego, and consequently fail to grant the child their rightful custody. This study examines the phenomenon of the neglect of custody rights (child custody) that occurs following a final legal ruling by the Sigli Sharia Court. This study employs a qualitative approach using an empirical legal research methodology. Data were collected through in-depth interviews, observation, documentation and document analysis. The data were subsequently analysed and presented qualitatively. The findings indicate that the neglect of custody rights is driven by the parents’ self-interest, a lack of understanding regarding the enforceability of the ruling, and psychological barriers faced by the child. The role of the Sigli Sharia Court in addressing this issue includes post-judgment mediation efforts and the implementation of actual enforcement. The court adopts a passive stance and cannot carry out active supervision without a request from the parties involved. However, it was found that the enforcement of custody rights often reaches an impasse due to its personal and sensitive nature, thus requiring stronger coordination with child protection agencies and other law enforcement authorities. This study concludes that strengthening the functions of oversight and legal education for the community in Pidie Regency is crucial to safeguarding the best interests of the child, alongside optimal coordination between the DP3A/P2TP2A, village officials and child protection agencies in ensuring that custody rights are upheld.
Copyright (c) 2026 Miftahul Jannah https://creativecommons.org/licenses/by-nc-sa/4.0
FORMULATING A SHARIA-BASED LEGAL FRAMEWORK FOR SWIMMING POOL OPERATIONS IN INDONESIA
The need of Muslim communities for swimming facilities that uphold modesty requirements (awrah), regulate gender interaction (ikhtilāṭ), ensure privacy, and support religious observance has not been fully accommodated in the operation of swimming pools in Indonesia. This issue reflects not only the absence of a specific fatwa concerning Sharia-compliant swimming pools but also the lack of a Sharia governance standard for water-based recreational facilities. This study aims to develop a normative academic framework for the operation of swimming pools based on Sharia principles in Indonesia. This research employs a normative Islamic legal approach, utilizing statutory, conceptual, maqāṣid-based, and fatwa approaches. Data were collected through a literature review of Islamic legal sources, fatwas issued by the National Sharia Council of the Indonesian Council of Ulama (DSN-MUI), environmental health regulations, and halal tourism literature. The findings demonstrate that a Sharia-compliant swimming pool should be constructed through three principal dimensions: the normative-religious dimension, the operational-managerial dimension, and the environmental health and safety dimension. These dimensions are grounded in fiqh al-muʿāmalāt, maqāṣid al-sharīʿah, and public health standards, particularly with respect to the protection of religion, life, and human dignity. This study contributes by proposing an academic framework of Sharia norms encompassing definitions, legal status, operational principles, user regulations, privacy protection, facility standards, contractual arrangements, supervisory mechanisms, and complaint-handling procedures. The proposed framework is not intended to serve as an official fatwa; rather, it is designed to provide an academic foundation for fatwa-issuing institutions, regulators, and operators of water-based recreational facilities in formulating standards for swimming pools based on Sharia principles.
Copyright (c) 2026 parman komarudin https://creativecommons.org/licenses/by-nc-sa/4.0
A COUNTER-RADICALISM MODEL BASED ON THE RESILIENCE OF THE FAMILY OF FORMER TERRORISM CONVICTS: INTEGRATION OF THE LEGAL SYSTEM BY LAWRENCE M. FRIEDMAN AND MAQASHID AL-USRAH JAMALUDDIN ATHIYAH
Post-deradicalization radicalism remains a serious concern, particularly when former terrorism convicts return to their families and communities. This article analyzes the strengthening of family resilience as a counter-radicalization model for former terrorism convicts in Sampang Regency, Indonesia. This study employed an empirical qualitative approach with a case study design. Data were collected through observation, in-depth interviews, and documentation involving former terrorism convicts, family members, local government officials, security actors, religious leaders, and socio-religious organizations. The data were analyzed using Lawrence M. Friedman’s legal system theory and Jamaluddin Athiyah’s Maqashid al-Usrah perspective. The findings reveal that family resilience plays a strategic role in preventing the risk of re-radicalization through the strengthening of family communication, economic stability, moderate religious education, psychosocial support, and social acceptance. From Friedman’s perspective, the effectiveness of counter-radicalization depends on the synergy between legal structure, legal substance, and legal culture. Meanwhile, the Maqashid al-Usrah perspective affirms that family strengthening is aligned with the protection of religion, life, intellect, lineage, family institutions, and family economic stability. This article offers a family resilience-based counter-radicalization model that integrates the legal system approach and Maqashid al-Usrah as a conceptual contribution to the prevention of violent extremism in the post-deradicalization phase.
Copyright (c) 2026 Handoko Budi Prasetiyo, Umi Sumbulah, Mustaklima, Zaenul Mahmudi, Khairul Umam https://creativecommons.org/licenses/by-nc-sa/4.0