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All Journal El-Mashlahah Al-Manahij : Jurnal Kajian Hukum Islam
Mahtumridho Ghufron bin Simun
Universiti Malaya
Law, Crime, Criminology & Criminal Justice

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Inheritance Rights of Children Born Outside Marriage in Mixed Marriages: Normative Conflicts and Harmonization under Indonesian Law Titik Triwulan Tutik; Nur Syam; Tri Hidayati; Agus Aditoni; Mahtumridho Ghufron bin Simun
El-Mashlahah Vol 16 No 1 (2026)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v16i1.10485

Abstract

Indonesia’s pluralistic legal system generates persistent uncertainty on the inheritance rights of children born out of wedlock (marriage), particularly in mixed marriages where Islamic law, civil law, and nationality law intersect. Normative inconsistencies among these legal regimes create disputes concerning filiation, child recognition, and inheritance entitlement. The particular study examined the inheritance rights of extramarital children (also known as children born out of wedlock) in mixed marriages by analyzing the interaction between Indonesian legal norms, the implications of Constitutional Court Decision No. 46/PUU-VIII/2010, and comparative developments in selected Muslim-majority jurisdictions. Employing a normative juridical approach, the study combined statutory, conceptual, comparative, and maqāṣid al-syarī‘ah analyses of legal systems in Malaysia, Morocco, Tunisia, Turkey, Pakistan, Bangladesh, Jordan, and Egypt. The findings found out a fundamental conflict between the Civil Code and the Compilation of Islamic Law (KHI). While the Civil Code recognizes inheritance rights arising from paternal acknowledgment, KHI limits lineage and inheritance to the maternal line. Although Constitutional Court Decision No. 46/PUU-VIII/2010 expanded civil relations between extramarital children and their biological fathers through scientific evidence, the absence of implementing regulations has produced inconsistent judicial interpretations. Comparative analysis demonstrated a growing tendency among Muslim-majority countries to strengthen child protection through maqāṣid-based legal reforms. In Indonesia, the expansion of mandatory bequests (wasiat wajibah) offers a practical mechanism for achieving inheritance justice without altering Islamic lineage doctrine. Legal harmonization, therefore, requires comprehensive regulation that prioritizes the best interests and welfare of the child while maintaining coherence between Islamic and constitutional principles.
Reconstructing Eco-Maqāṣid al-Sharī‘ah for CSR Policy and Radioactive Waste Management: An SDGs-Based Study in Banten and West Java Titik Triwulan Tutik; Kunawi Basyir; Mahtumridho Ghufron Bin Simun; Jauharoti Alfin; M. Suyudi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.15916

Abstract

Radioactive waste management is not only a technical and administrative concern but also an ethical, ecological, and intergenerational responsibility. This article reconstructs the concept of eco-maqāṣid al-sharī‘ah as a normative framework for strengthening corporate social responsibility (CSR) policies in radioactive waste management in Banten and West Java, Indonesia. Existing regulatory frameworks tend to prioritize procedural compliance, risk control, and institutional administration, while giving limited attention to moral accountability, ecological justice, and community-based responsibility. Using a normative legal method supported by conceptual and policy analysis, this study examines statutory regulations, corporate reports, international safety standards, and relevant Islamic legal literature. The findings show that eco-maqāṣid, particularly the protection of life, future generations, and the environment, offer a transformative ethical foundation for developing Sharia-based CSR in radioactive waste governance. The cases of Banten and West Java demonstrate the urgency of integrating Islamic environmental ethics into risk mitigation, public transparency, community participation, and corporate accountability. The study’s main novelty lies in proposing Eco-Sharia Governance, a maqāṣid-based policy model that bridges national legal frameworks, international radioactive waste standards, SDGs 3, 6, 12, and 13, and Islamic ethical values. This model contributes to a more holistic approach to radioactive waste management by shifting CSR from mere corporate obligation toward ecological responsibility, public safety, and intergenerational justice
Co-Authors Aditoni, Agus Jauharoti Alfin Kunawi Basyir M. Suyudi Nur Syam Titik TriwulanTutik Tri Hidayati