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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga
Abdussalam, Izuddin
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Kepurusa as a Women’s Inheritance System in Bali: Dynamics of Customary, National, and Islamic Law Abdussalam, Izuddin; Beatricia, Ezraella Geraldine; Nurinsan, Sania Raisyabila; Atikah, Rana; Shouniah, Gita
El-Usrah: Jurnal Hukum Keluarga Vol. 9 No. 1 (2026): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v9i1.34321

Abstract

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.
Transformation of Ijtihad of Nusantara Ulama in the Formulation of A Compilation of Sharia Economic Law from A Maslahah Perspective Arifin, Zarul; Neli, Neli; Abdussalam, Izuddin; Yacob, Fakhri
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9.i3.8324

Abstract

This study discusses the transformation of ijtihad of Indonesian scholars in the formulation of the Compilation of Sharia Economic Law (KHES) using the maslahah perspective as the basis of analysis. KHES is the result of the codification of Islamic economic law in Indonesia that seeks to address the dynamics of the modern economy through a contextual approach to classical Islamic legal sources. Indonesian scholars have an important role in the ijtihad process by adapting sharia values to align with the social, cultural, and economic realities of Indonesian society. Through the maslahah mursalah approach, the transformation of ijtihad not only maintains the principles of justice and maslahah, but also reflects the flexibility of Islamic law in responding to developments in the era. This study found that KHES is the result of synergy between classical fiqh texts and the needs of contemporary economic practice, where maslahah becomes the main instrument to maintain the relevance and acceptability of Islamic law in the national economic realm. Thus, KHES reflects a concrete form of moderate, contextual, and oriented Nusantara Islam to the welfare of the people in the economic field.
Kafaah as a Tool of Social Legitimacy in Marriage: An Empirical Analysis of Maslahah and Discrimination in Banda Aceh City Solin, Siti Dian Natasya; Zubaidi, Zaiyad; Abdul Muthalib, Salman; Abdussalam, Izuddin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/04708r49

Abstract

This study examines kafa'ah as a tool of social legitimacy in marriage by examining the tension between the goal of maintaining maslahah (maintaining benefits) and the potential for discrimination that arises in the practices of the people of Banda Aceh City. Historically, kafa'ah was formulated in classical Islamic jurisprudence to maintain family harmony, but in the modern context, this concept often shifts into a social selection mechanism that gives rise to rejection of marriages based on lineage, economics, education, or social status, including in certain communities such as sayyid-syarifah and families with high dowry demands. To examine this phenomenon, this study uses a socio-legal approach by combining a review of Islamic jurisprudence literature, an analysis of Islamic family law regulations, and empirical data from interviews with victims of discrimination, religious leaders, and academics. The findings indicate that the expansion of kafa'ah criteria beyond religious and moral aspects is more influenced by socio-historical constructions than normative sharia considerations, so that its practice often reinforces social hierarchies and creates exclusion of certain individuals or groups. This study concludes that kafa'ah needs to be reconstructed as a flexible social consideration and should not be used as a basis for limiting the right to marry, so that it remains in line with the principles of maslahah, justice, and the goals of Islamic family law in realizing a harmonious family.
Co-Authors Arifin, Zarul Atikah, Rana Beatricia, Ezraella Geraldine Fakhri Yacob Neli, Neli Nurinsan, Sania Raisyabila Salman Abdul Muthalib Shouniah, Gita Solin, Siti Dian Natasya Zaiyad Zubaidi