Ibrahim Kayode Muhammed
Osun State University

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The Erosion of Customary Authority and The Riset of Local Ulama In The Normalization of Unregistered Marriages In Indonesian Muslim Communities Safrin Salam; Nurul Miqat; Risma Yulestari; Ibrahim Kayode Muhammed; Callistus Odeh
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.72

Abstract

This study examines the erosion of customary authority and the repositioning of local clerics in legitimizing unrecorded marriage in the Indonesian Muslim community in the context of legal pluralism and modernization. The research is directed to understand how the relationship between customary institutions, religious authorities, and state law reshapes the legitimacy of marriage and legal awareness in contemporary Islamic family law. This study uses a qualitative socio-legal approach based on legal anthropology and sociology of religion, with a comparative case study design on several Muslim communities in Indonesia where the practice of marriage is not recorded as still persisting. Data were collected through in-depth interviews, document analysis, and limited participatory observation. The results show that customary authorities are weakened due to modernization, bureaucratization of marriage administration, migration, generational change, and declining effectiveness of collective sanctions. In this situation, local clerics increasingly occupy a central position as determinants of the legitimacy of marriage through mosque-based authority, religious education networks, and moral leadership. This configuration gives birth to a layered legal landscape, where state law, customary practices, and religious norms coexist unequally, so that social legitimacy by scholars can outweigh weakened customary sanctions and uneven enforcement of state law. This study concludes that the normalization of marriage is not just an administrative failure, but a manifestation of a shift in normative authority in Indonesia's plural legal order. In practice, the study recommends strengthening cooperation between state institutions, indigenous actors, and scholars to improve marriage registration, strengthen legal awareness, and protect the rights of women, children, and families.  
The Construction of Judicial Legal Reasoning in Annulling a Waqf Pledge Deed Due to the Waqif’s Lack of Legal Ownership over the Waqf Object Nurhijah Nurhijah; Safrin Salam; Ibrahim Kayode Muhammed
Walisongo Journal of Sharia Economic Law Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law
Publisher : Department of Sharia Economic Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/wishel.2026.2.2.32144

Abstract

This study examines the construction of judicial legal reasoning in the annulment of a Waqf Pledge Deed when the waqif is considered not to be the lawful owner of the waqf object. It aims to evaluate whether the court’s reasoning adequately distinguishes the waqif’s subjective capacity, the legal status of the waqf land, and the evidentiary standard required to prove ownership. This research employs normative legal research using statutory, conceptual, and case approaches, with Decision Number 23/Pdt.G/2018/PA WGP as the primary case. The analysis focuses on the court’s interpretation of Islamic waqf principles, Indonesian positive law, evidentiary rules, and the doctrine of legal certainty. The findings show that the decision affirms an important principle: a Waqf Pledge Deed cannot validate a waqf act made by a person who lacks lawful ownership over the property. However, the reasoning also reveals analytical limitations because the court relied heavily on the respondent’s confession and did not fully elaborate the documentary proof of land ownership or the consequences for community-based educational use. This study concludes that waqf deed annulment requires layered judicial reasoning that balances formal legality, evidentiary sufficiency, legal certainty, and substantive justice