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Indonesian Journal of Islamic Law
ISSN 3089-5839 · Postgraduate Programme of Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember · 102 artikel di indeks
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Artikel Jurnal
The Vasectomy Clause: Reproductive Fiqh and the Unfinished Decolonisation of Population Policy in Indonesia
This article examines reproductive governance in Indonesia through the contested discourse on male contraception, particularly the proposal in West Java to link access to social assistance (BANSOS) with participation in a vasectomy programme. Existing studies have largely approached family planning…
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Artikel Jurnal
Between Duty, Capacity, and Inability: Post-Divorce Child Support in Indonesian Religious Courts
When the court explicitly acknowledges a father's economic incapacity, child support obligations after divorce create acute legal tension. This article looks at a confusing situation in child support decisions after divorce, based on Decision Number 4501/Pdt.G/2024/PA.Jr. from the Jember Religious…
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Artikel Jurnal
Family Harmony and the Question of National Resilience: A Maqāṣid al-Sharī‘ah Perspective
Indonesia’s national resilience is currently facing multidimensional pressures that have a direct impact on social stability, including family harmony as the smallest yet strategically significant social unit. Departing from this reality, this study aims to explain the urgency of national…
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Artikel Jurnal
Beyond the Pulpit and the Screen: Digital Fatwas and the Transformation of Islamic Legal Authority in Nigeria
The rapid expansion of digital media has significantly altered the circulation of religious authority, raising new questions about how Islamic legal interpretation operates beyond traditional scholarly institutions. This article investigates how digital fatwas reshape the production and legitimacy…
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Artikel Jurnal
State Recognition and Islamic Legal Authority: Repositioning the Mufti Institution in Greece
This article analyses the transformation of Islamic personal status law for the Muslim minority in Thrace within the Greek legal order. Historically grounded in obligations under the Treaty of Lausanne, Sharia jurisdiction functioned as a state-administered system that generated persistent tensions…
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Artikel Jurnal
Donor Sperm, Lineage, and Preventive Islamic Legal Reasoning: A Sadd al-Dharīʿah Analysis
Artificial insemination using donor sperm represents a significant challenge to the integrity of lineage (nasab) within contemporary legal and social systems. As a form of assisted reproductive technology, it enables non-conventional forms of procreation that raise complex ethical, legal, and…
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Artikel Jurnal
Decolonising Islamic Legal Authority beyond Sharīʿah Courts: A Socio-Legal Study of Singapore
This article critically re-examines Islamic legal authority in postcolonial Singapore by challenging the prevailing assumption that the vitality of Islamic law depends on the institutional expansion of Sharīʿah courts. Drawing on socio-legal analysis and postcolonial legal theory, it argues that…
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Artikel Jurnal
Islamising Policy or Decolonising Law? Constitutional Negotiation in Indonesia's Local Sharia Regulations
In post-Reform Indonesia, decentralisation has generated numerous Sharia-inspired local regulations, many of which were initially associated with symbolic, moralistic, and punitive forms of legal formalisation. This article examines a subsequent shift toward more substantive forms of local Islamic…
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Artikel Jurnal
Book Review: Transformation of Tradition: Islamic Law in Colonial Modernity, by Junaid Quadri, London, Oxford University Press, 2021, 265 pp., £22.53 (hardback), ISBN 978-01-90-077004-4
This study examines the evolving discourse on colonial modernity and Islamic tradition through a focused analysis of Transformation of Tradition: Islamic Law in Colonial Modernity by Junaid Quadri. The work offers a detailed reading of the writings of Muḥammad Bakhīt al-Muṭīʿī, a prominent Azharī…
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Artikel Jurnal
The Stagnation of BASYARNAS in East Java, Indonesia: Islamic Legal Governance, Digital Invisibility, and the Practical Challenges of Sharia Arbitration
The rapid growth of sharia economic activity in East Java should have strengthened the role of the regional National Sharia Arbitration Board (BASYARNAS) as a trusted forum for resolving Islamic commercial disputes. In practice, however, Basyarnas East Java remains institutionally stagnant, having…
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Artikel Jurnal
ISLAMIC LAW EPISTEMOLOGY THOUGHT OF PERSPECTIVE WAEL B. HALLAQ AND RELEVANCE TO ISLAMIC LAW IN INDONESIA
Studies on the history of Islamic law in Indonesia can also serve as one of the foundations for Muslims in particular to determine the right strategy in the future to bring the nation and Islamic law closer. Although some theories of Islamic law development from the time of the Islamic empire to…
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Artikel Jurnal
KEWARISAN ANAK HASIL PROSES BAYI TABUNG (Wasiat Wajibah Sebagai Hak Waris Anak Hasil Surrogate Mother Ditinjau Dari Berbagai Aspek Hukum Di Indonesia)
The inheritance status of children born through in vitro fertilization involving a surrogate mother carries significant implications for the legal position of the child in civil law, particularly concerning legal certainty regarding inheritance rights. This study employs a normative legal method…
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Artikel Jurnal
تحليل مفهوم المعاشرة الزوجية بالمعروف عند محمد حسين الطباطبائي
The main and most important principle that deserves attention in married life is the rule of mu‘āsharah bi al-ma‘rūf (living together in kindness). It is a great principle that guarantees the continuity of intimacy and affection within the family throughout life. It applies equally to both husband…
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Artikel Jurnal
KONSEPSI HUKUM NIKAH SIRRI DI INDONESIA : Upaya Sinkronisasi antara Living Laws dengan Positive Laws
This article discusses efforts to synchronize Islamic law as living law and positive law, focusing on nikah siri (unregistered marriage) in Indonesia as a socio-legal reality in the field of family law that faces legal disharmony, since nikah siri is considered valid under Islamic law as a law…
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Artikel Jurnal
KONSEP MAQASHID SHARI’AH TENTANG PERAN GANDA TENAGA KERJA PEREMPUAN DALAM PEMIKIRAN EGALITER MUHAMMAD IBNU ‘ASHU
This study examines the egalitarian thought of Ibn ‘Āshūr. To limit the scope of the discussion, the author focuses on two main issues: first, how the protection of female workers with dual roles is regulated in Law No. 13 of 2003 on Manpower; and second, how the concept of maqāṣid al-sharī‘ah…
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Artikel Jurnal
MAHAR SERVICES (DOWRY NON MATERIAL) ACCORDING TO MAZHAB IMAM HANAFI AND MAZHAB IMAM SYAFI'I
Abtrsak: The research aims to find out the opinion of Imam Abu Hanifah and the Imam of Shafi'i and the similarities in the differences in determining the Non-Material Mahar Law (services). This type of research is literature. The primary data sources are the books of the two priests, as well as the…
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Artikel Jurnal
Analysis of the Istidlal Method in the Concept of Livelihood according to Imam Ibn Hazm's Perspective
Islam has provided detailed regulations on marriage, from the marriage proposal (akad), agreement (akad), to the fulfillment of rights and obligations between husband and wife. All these statements are based on the Quran and Hadith. One of the husband's obligations towards his wife is to provide a…
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Artikel Jurnal
Early Marriage and Domestic Violence: The Dilemma of Granting Marriage Dissolution Permission at the Jember Religious Court
The judge when examining a marriage dispensation case is in a dilemmatic position in considering the deterioration of the dispensation application being allowed and rejected. Granting a marriage dispensation application on the one hand can solve the problem. However, on the other hand, it can…
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Artikel Jurnal
Abdullah Saeed's Progressive Ijtihad in the Application of Rechtsvinding Judges in Religious Courts
Every court judge has their perspective in deciding a case. A judge always strives to make legal discoveries as a form of justice and legal certainty. However, legal discovery efforts are not always uniform. Therefore, it is necessary to reconstruct the methodology for making legal discoveries…
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Artikel Jurnal
Redefining Equality in Marriage Laws: An Analysis of Husband-Wife Relations Through Qira`ah Mubādalah
Husband and wife, as two pairs of lovers, are actually built on a partnership relationship, without dominance between the two. However, the practice of domination and subordination of husbands in the institution of marriage is still fertile, and domestic violence often appears. This gap between…