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Indonesian Journal of Sharia and Socio-Legal Studies
ISSN 3090-8175 · Elkuator Research and Publication · 15 articles in the index
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Journal Article
Between Religious Authority and Individual Agency: Negotiated Religious Consent in Arranged Marriages at Indonesian Pesantren
Debates surrounding arranged marriage in Muslim societies often focus on the ambiguous boundary between consent and coercion, particularly when marital practices involve familial authority, religious leadership, and cultures of collective obedience. This article examines arranged marriage practices…
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Journal Article
Governing Islamic Marriage Registration in Indonesia: State Legibility, Administrative Burden, and Legal Recognition
The institutionalization of Islamic marriage registration in Indonesia reflects the expanding role of the state in governing family life through legal and administrative mechanisms. Although state law requires marriages to be both religiously valid and officially registered, its implementation…
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Journal Article
Women’s Experiences in Fatwa Production: Feminist Practical Reasoning in KUPI’s Fatwa on Female Circumcision
Female circumcision remains a contentious issue in many Muslim societies due to its intersection with religious authority, cultural tradition, and women’s reproductive health. While previous studies have examined fatwas on women from socio-political, legal reasoning, and gender justice…
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Journal Article
Bounded Agency and Survival Strategies: Early Marriage Practices among Rohingya Muslim Refugees in Aceh
This study is motivated by the emergence of early marriage practices among Rohingya Muslim refugees in Aceh, which are often normatively framed either as cultural traditions or legal violations, without sufficient attention to the structural conditions that shape them. Accordingly, this article…
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Journal Article
Suspending Dogma, Structuring Law: Legal Consciousness and the Niqāb Fatwa of Egyptian Scholar, Ali Gomaa
The responses of contemporary Muslim scholars (ʿulamāʾ), particularly in Egypt, to emerging social realities are frequently framed through the concept of fiqh al-wāqiʿ (Islamic jurisprudence of reality), yet the methodological framework underlying this concept remains underdeveloped. This ambiguity…
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Journal Article
Artificial Intelligence and Healthcare Delivery in Nigeria: Legal and Ethical Dimensions of Patients’ Rights to Safety
The evolution of Artificial Intelligence (AI) has significantly transformed healthcare delivery in Nigeria by reshaping perceptions of medical negligence and enhancing diagnostic accuracy. Given Nigeria’s overstretched healthcare infrastructure and rapid population growth, AI presents critical…
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Journal Article
Negotiating Customary Law and Fiqh Norms: The Transformation of the Mepahukh Tradition in the Indigenous Marriage Practices of the Alas People in Southeast Aceh
Custom-based matchmaking practices in Muslim communities often experience tension between cultural authority and religious normative frameworks. However, comprehensive studies exploring the negotiation between local traditions and fiqh (Islamic jurisprudence) norms in contemporary contexts remain…
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Journal Article
Antar Pakatan and the Reproduction of Social Solidarity: A Cultural Strategy for Addressing the Economic Burden of Customary Marriage in the Sambas Malay Community
In communal societies, the celebration of traditional weddings often places a significant financial burden on host families, particularly in communities that uphold strong cultural values and social honor. This challenge is also faced by many lower- to middle-income families in Sambas Regency, West…
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Journal Article
From Social Solidarity to Transactional Relations: The Transformation of the Ompangan Tradition in Marriage Celebrations Among the Madurese Muslim Community in Kubu Raya
The practice of gift-giving during marriage celebrations has long served as an expression of social solidarity deeply embedded within the Madurese Muslim community. However, evolving social, economic, and cultural dynamics have driven a significant shift in the values underpinning this practice…
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Journal Article
Power Relations and Structural Inequality in Late-Life Divorce: A Socio-Legal Analysis of the Palembang Islamic Court Decisions in 2022
The increasing incidence of divorce among older couples signifies a notable shift in both the social structure and the legal framework of family law in Indonesia. While long-term marriages are typically associated with emotional stability and strong commitment, data from the Palembang Islamic Court…
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Journal Article
Customary Hegemony and Limited Female Agency: The Persistence of the Sangkal Tradition in Madurese Communities
This article examines the persistence of the sangkal tradition within Madurese Muslim communities, exploring how customary hegemony influences women’s agency and interacts with local religious authority. The tradition is rooted in a cultural narrative that prohibits women from refusing the first…
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Journal Article
Why Pregnancy Is Not Enough: Judicial Interpretation of “Urgent Grounds” in Child Marriage Dispensation Cases at the Madiun Religious Court
This article examines how Muslim judges interpret the statutory requirement of “urgent grounds” in child marriage dispensation cases arising from pregnancies outside of wedlock at the Madiun Religious Court. Although the two cases share similar factual circumstances—pregnancies resulting from zinā…
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Journal Article
Beyond Formal Metrology: The Socio-Legal Construction of Traditional Measurement in Shellfish Trading within a Muslim Coastal Community in Tempurukan
This article examines the socio-legal construction of shellfish trading practices that utilize traditional measuring tools within the Muslim coastal community of Tempurukan Village, Ketapang, West Kalimantan. The study is motivated by the limited scholarly attention given to how traditional…
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Journal Article
Legal Consciousness and Living Legal Reasoning: Penghulus and Mediation in Resolving Marital Disputes at the Religious Affairs Office of East Pontianak
The increasing reliance on non-litigation mechanisms to resolve marital disputes, particularly mediation at the Religious Affairs Office (KUA), reflects a significant shift in contemporary practice in Islamic family law in Indonesia. Within this institutional setting, penghulus serve simultaneously…
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Journal Article
Brokered Marriage Administration: Rational Strategies of Muslim Communities in Navigating the Bureaucratization of Marriage in Indonesia
Indonesian law requires Muslim marriages to be formally registered to obtain state recognition. However, in practice, the marriage registration process is often bureaucratic and complex, limiting couples’ ability to fulfill administrative requirements independently. In response to these challenges…