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All Journal Jurnal Studi Agama dan Masyarakat Jurnal Ilmu Hukum Tambun Bungai Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum Al-Bayyinah
Anas Maulana
Universitas Islam Negeri Palangka Raya
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Fulfillment of Wife's Financial Support by Husband with Prisoner Status at Pangkalan Bun Class IIB Prison Eliyana Septiyani; Maimunah; Anas Maulana
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.10728

Abstract

The fulfillment of a wife's maintenance by a husband serving a prison sentence presents complex legal and social challenges due to limited access to productive work within correctional institutions. This study aims to analyze the legal standing of a husband's obligation to provide financial support under Islamic law and Indonesian positive law, examine the empirical reality of its fulfillment at the Pangkalan Bun Class IIB Correctional Institution, and identify alternative mechanisms to protect the economic rights of wives during the period of incarceration. Employing an empirical legal method with a socio-legal approach, data were gathered through in-depth interviews with prisoners' wives, family members, and correctional officers, supported by a comprehensive review of relevant legal sources. The findings indicate that while the financial obligation remains legally binding, it cannot be effectively fulfilled because inmates' work programs are predominantly rehabilitative and generate minimal income. Consequently, this study reveals a social dynamic where the financial needs of the wives are shifted to and borne by the extended family, reflecting a strong sense of social solidarity. The novelty of this research lies in its identification of the husband's family as a de facto economic protection mechanism at the local level, emerging as an alternative solution when formal legal systems fail to guarantee wives' economic rights due to structural constraints within the correctional system.
Designing a Fatwa on Carbon Trading in Indonesia Based on Maqashid al-Shari'ah Uswatun Hasanah; Surya Sukti; Anas Maulana
Jurnal Ilmu Hukum Tambun Bungai Vol 10 No 2 (2025): December 2025
Publisher : Sekolah Tinggi Ilmu Hukum Tambun Bungai Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61394/jihtb.v10i2.547

Abstract

Carbon trading as an instrument for climate change mitigation has been regulated through national policies and international frameworks (the 1997 Kyoto Protocol, the 2015 Paris Agreement, and Presidential Decree No. 98 of 2021), but to date there are no official Islamic jurisprudence guidelines guiding Islamic economic actors in carbon transactions. The absence of a fatwa from the National Sharia Council (DSN-MUI) has created legal uncertainty, with concerns about usury, gharar, and speculation, leading to the underutilization of the potential of Islamic green financing. This article aims to formulate a framework for carbon trading fatwas that aligns with the objectives of the maqashid al-shari'ah (environmental preservation), 'adl (justice), and the prohibition of gharar/usury. The method used is a juridical-normative approach with a literature review of conventional regulations, mu'amalah fiqh fatwas, and classical (al-Shatibi) and contemporary (Yusuf al-Qardhawi, Ali Yafie) thought. The results of this research are a draft fatwa framework governing the contract scheme, Measurement-Reporting-Verification mechanisms, and the roles of regulators and business actors in Sharia-compliant carbon trading. This framework is expected to serve as a reference for the National Sharia Council (DSN-MUI) and policymakers to strengthen legal certainty and encourage green investment in the Islamic economy. Implications of the research include recommendations for fatwa implementation, the development of Sharia-compliant carbon market instruments, and directions for future empirical research.
Spiritual and Customary Authority of Damang in Post-Divorce Child Support: Rethinking Indigenous Justice in Dayak Ngaju Communities Puji Rahmiati; Anas Maulana
Jurnal Studi Agama dan Masyarakat Vol 21 No 2 (2025): JURNAL STUDI AGAMA DAN MASYARAKAT
Publisher : IAIN Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/jsam.v21i2.10136

Abstract

Dayak Ngaju customary law endows the Damang (Dayak customary leader) with formal authority, both as a customary and spiritual figure. In divorce law, the enforcement of child support rulings often faces implementation challenges, potentially undermining the Damang’s socio-spiritual legitimacy. The study aimed to examine the authority of the Damang in handling child support obligations after divorce within the Dayak Ngaju community. The empirical research employed a socio-legal approach, with primary data collected and validated through triangulation techniques, and analyzed within the frameworks of customary law, positive law, and Islamic law. The findings confirm that the Damang holds formal authority to issue and supervise customary rulings. However, this structural authority has not been fully effective due to the absence of adequate enforcement mechanisms. The study proposes a hybrid legal model integrating Damang’s resolution methods with state enforcement to ensure justice and child welfare. As the spearhead of customary justice, the Damang’s role contributes to the discourse on the authority of indigenous leaders, the rights of indigenous communities, and access to justice.
Diskursus Childfree di Media Sosial: Analisis Implikasi Demografis, Hak Asasi Manusia, dan Maqashid Syariah Khusnul Khatimah; Ibnu Elmi A.S. Pelu; Maimunah Maimunah; Anas Maulana
Al-Qisthu Vol 23 No 2 (2025): Al-Qisthu: Jurnal Kajian Ilmu-Ilmu Hukum
Publisher : Institut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32694/qst.v23i2.5049

Abstract

Social media platforms have become places where various individuals express their views on current issues. The Childfree phenomenon has become a widely discussed topic on social media, especially in Indonesia, along with the increasing number of individuals choosing not to have children after marriage. On one hand, the decision to adopt a Childfree lifestyle reflects individual freedom in determining the direction of one's life, which is part of human rights. However, on the other hand, the decision to adopt a Childfree lifestyle has garnered both support and opposition within society, especially in the context of cultural, religious, and demographic values. This phenomenon is rapidly developing with the support of globalization and easy access to information, which allows for an increasingly open discourse on individual freedom in making life choices. This research aims to analyze the childfree phenomenon on social media from the perspective of a demographic threat, human rights perspective, and maqashid sharia. This research uses qualitative methods, with interview techniques involving informants from various backgrounds, including religious figures, medical personnel, and academics in the city of Palangka Raya. The research results indicate that there are significant differences in perspectives on this phenomenon.From a religious perspective, being childfree is viewed as contrary to the principles of maqashid sharia, especially in the aspect of hifz nasl (preservation of lineage). Meanwhile, from a medical perspective, the decision not to have children is associated with certain health risks for women.
Co-Authors Eliyana Septiyani Ibnu Elmi A.S. Pelu Khusnul Khatimah Maimunah Maimunah Maimunah Puji Rahmiati Surya Sukti Uswatun Hasanah