Mitsaqan Ghalizan

Reinterpreting the Philosophy of Mahr in Islamic Family Law: A Maqāṣid al-Sharīʿah Analysis of Women's Economic Protection within the Banjar Jujuran Tradition

Yulianti, Amnah Abdullah — Sat, 20 Jun 2026 00:00:00 +0000

In classical fiqh discourse, mahr is often situated within the framework of the muʿāwaḍah (exchange) contract, which, epistemologically, tends to reduce women's human value to legal objects. In the era of economic disruption, interpreting mahr as merely an administrative formality or a religious symbol undermines its protective function against a wife's economic vulnerability. This study aims to conduct a philosophical reinterpretation of mahr by shifting the paradigm from the mere symbolism of istimtāʿ toward the sovereignty of absolute milkiyyah (ownership) for women. This study is normative legal research employing statutory, conceptual, and comparative approaches. The analysis is conducted using the Maqāṣid al-Sharīʿah framework to examine the dimensions of the benefits of mahr within the structure of Indonesian family law. The findings reveal that mahr should be recontextualised as a ḍarūriyyāt (necessity) instrument functioning as a social safety net for women. The reinterpretation of mahr through the principles of ḥifẓ al-māl (protection of property) and ḥifẓ al-nafs (protection of life) requires its functionalization as productive assets with sustainable value. In the Indonesian context, particularly in regions where the jujuran tradition entails high marriage costs, there is a need to shift financial allocations from ceremonial expenditures toward strengthening sovereign mahr. In conclusion, this reinterpretation reinforces financial responsibility (qawwāmah) based on justice while offering a solution to women's economic vulnerability within the contemporary family law framework.

Judicial Discretion in Post-Divorce Child Custody Determinations Based on the Best Interests of the Child Principle: A Perspective of the Compilation of Islamic Law (KHI)

Muhammad Fazrianur Arridho, Kania Arbella — Sat, 20 Jun 2026 00:00:00 +0000

Divorce in modern society gives rise to various complex legal implications, particularly regarding the protection, rights, and well-being of children. In Islamic family law, the concept of hadhanah, or the right of custody, occupies a central position. This study aims to analyse positive law and Islamic law texts regarding the existence of hadith and to evaluate the consistency of its application in Religious Courts to ensure legal certainty oriented toward child protection. The research method used is normative legal analysis, with a descriptive-analytical approach, based on library research. The results of the study indicate that although Article 105 of the Compilation of Islamic Law (KHI) grants the mother priority in the custody of a minor child (mumayyiz), in practice, judges in Religious Courts do not rigidly apply this rule. Judges exercise legal ijtihad and legal discovery by prioritising the child’s best interests. Judges’ considerations are multidimensional; therefore, hadhanah is viewed as a manifestation of parents’ fundamental responsibility. Consequently, rulings by judges within the Religious Court system place greater emphasis on the party best able to ensure the child’s holistic well-being and development rather than merely adhering to the literal text of the law.

Formalization of Marriage Registration from the Perspective of Maqāṣid al-Sharī‘ah: A Comparative Study of Classical Islamic Jurisprudence and Family Law Regulations in Indonesia

Muhammad Syarif Dibaj, Muhammad Sauqi — Sat, 20 Jun 2026 00:00:00 +0000

The tension between the validity of theological marriage (classical fiqh) and its formal legality (state law) remains a crucial discourse in Indonesia, particularly in religious regions. Many people perceive marriage registration merely as an administrative burden with no implication for religious validity, leading to the prevalence of unregistered marriages. This normative legal research employs a statute approach and a conceptual approach. Data were gathered through a literature review of authoritative fiqh texts, Indonesian family law regulations, and the theory of Maqāṣid al-Syarī‘ah. The study reveals that the absence of discussions of marriage registration in classical fiqh was due to the historical communal socio-political context, which differs from modern state structures. Through the lens of Maqāṣid al-Syarī‘ah, the formalisation of marriage registration has risen from a ḥājiyyāt (secondary need) to a ḍarūriyyāt (primary necessity). This is because registration serves as the sole instrument in protecting wives’ civil rights (ḥifẓ al-māl) and ensuring children’s legal identity and lineage (ḥifẓ al-nasl) before positive law. This research concludes that marriage formalisation is a manifestation of public interest (maṣlaḥah mu’tabarah) that must be fulfilled to uphold substantive justice within Muslim family institutions in Indonesia.

Failure to Provide Maintenance by a Husband as Grounds for Divorce: An Analysis of the Temporal Discrepancy Between Supreme Court Circular Letter (SEMA) No. 1 of 2022 and Article 116 of the Compilation of Islamic Law (KHI)

Tue, 23 Jun 2026 00:00:00 +0000

According to both Indonesian national law and Islamic law, marriage is regarded as a sacred covenant (mitsāqan ghalīẓan) that establishes reciprocal rights and obligations between spouses, including the husband's duty to provide maintenance (nafkah). Failure to fulfill this obligation may constitute grounds for divorce, particularly through the mechanism of taklik talak violation under Article 116 of the Compilation of Islamic Law (KHI). However, Supreme Court Circular Letter (SEMA) No. 1 of 2022 introduces a different time requirement, creating a normative discrepancy with the KHI and the sighat taklik talak contained in the marriage certificate. This study examines the differences between these regulations and their implications for legal certainty, substantive justice for wives, and the practice of religious courts. This research employs a normative legal method, drawing on statutory and conceptual approaches. The findings indicate that the discrepancy in time limits creates a conflict between substantive law and judicial guidelines, resulting in inconsistent court decisions and legal uncertainty. The twelve-month requirement may disadvantage wives, particularly those in vulnerable economic conditions, by delaying access to divorce and post-divorce rights. From the perspective of substantive justice and maqāṣid al-sharī‘ah, such a prolonged period may undermine the protection of human dignity and welfare. Therefore, this study recommends harmonizing the relevant norms by maintaining the KHI as substantive law, designating SEMA as a technical guideline for evidentiary matters, and differentiating its application based on the nature of the marital violation.

A Multifaceted Approach to Doxing Offenses: Assessing Legal Responses Drawing from National, Islamic Criminal, and Human Rights Frameworks

Abdul Syatar, Alamsyah Halim, Muhammad Fazlurrahman Syarif — Thu, 25 Jun 2026 00:00:00 +0000

This study examines the phenomenon of document tracing, commonly referred to as doxing, as a growing legal and ethical challenge in Indonesia. It aims to analyze how national law, Islamic criminal law, and human rights frameworks respond to doxing, particularly in safeguarding privacy and protecting individuals from reputational and security harms. Employing a qualitative–empirical design, the research combines document analysis with case studies through a comparative approach. Data were collected via semi-structured interviews with academics, religious scholars, and activists, complemented by observation and a review of relevant laws, policies, and real-life instances of doxing. Triangulation was used to ensure credibility and comprehensiveness. The findings reveal that Indonesia has addressed doxing primarily through the Information and Electronic Transactions (ITE) Law, the Personal Data Protection Law, and provisions in the Criminal Code. From the perspective of Islamic criminal law, doxing is classified as al-jarā’im al-mahẓūrāt (prohibited acts) that violate privacy, with punishments potentially falling under hudūd or ta‘zīr. In both legal systems, doxing is recognized as a violation of fundamental human rights, particularly the right to privacy and dignity. Unlike prior studies that focus narrowly on either legal or technological dimensions, this research integrates national law, Islamic jurisprudence, and human rights principles into a unified analysis. It highlights the role of maqāṣid al-sharī‘a in developing privacy protections and in bridging classical legal concepts with contemporary digital realities. The study suggests that strengthening legal frameworks through both statutory reform and Islamic jurisprudential interpretation can provide more equitable protection for citizens. These findings contribute to broader debates on digital ethics, privacy, and the harmonization of religious and secular legal systems in addressing emerging cybercrimes.