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All Journal Mawaddah: Jurnal Hukum Keluarga Islam Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
Muhammad Muhammad
Universitas Nahdlatul Ulama Indonesia
Religion Law, Crime, Criminology & Criminal Justice

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Artificial Intelligence in Islamic Family Law: Ethical Challenges and Maqāṣid al-Sharī‘ah Perspectives Nuryamin Nuryamin; Yulia Fihtriany Rahmah; Muhammad Muhammad; Ai Imas Mursyidah Zein
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.v4i1.96

Abstract

The development of artificial intelligence (AI) systems has brought various opportunities as well as challenges in the field of law, including Islamic family law. This research aims to understand how AI systems work and are regulated in presenting the provisions of Islamic family law, as well as analyze their implementation in addressing emerging moral and ethical threats. In addition, this study assesses whether the use of AI in the Islamic family law system is in accordance with or contrary to the principles of maqashid asy-shari'ah. This study uses a qualitative method with a literature study approach. The analysis stages include data collection from secondary sources, data classification, and descriptive-analytical analysis. The results of the study show that the AI system in determining Islamic family law operates by managing data from various legal sources to form a draft answer that has legal certainty. However, there are ethical challenges, such as the potential for algorithm bias, the publication of personal data, automated law enforcement, and an over-reliance on AI. The analysis also shows that the application of AI has the potential to not fully meet the values of maqashid as-shari'ah. The novelty of this research lies in the systematic identification of the impact of the use of AI on compliance with the principle of maqashid as-shari'ah in Islamic family law. The implications of the study emphasize the need for special supervision of the quality of the laws produced by AI to remain in line with sharia principles.
Perkawinan Campuran antara WNI dan WNA: Tinjauan Yuridis atas Status Kewarganegaraan dan Akibat Hukum di Indonesia Muhammad Muhammad
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 3 (2025): September
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i3.152

Abstract

Mixed marriages between Indonesian Citizens (WNI) and Foreign Citizens (WNA) are a phenomenon that is increasing along with global mobility. The difference in nationality in marriage raises various legal issues, especially related to citizenship status, the rights and obligations of husband and wife, and the status of children. This research aims to analyze legal problems in mixed marriages, identify the legal consequences caused, and formulate solutions based on the national legal framework that applies in Indonesia. This research uses normative legal research methods with legislative and conceptual approaches. The legal materials used include primary, secondary, and tertiary legal materials obtained through literature studies. The analysis was carried out qualitatively to examine the provisions in Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019 concerning Marriage, as well as Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. The results of the study show that the Marriage Law has not comprehensively regulated the consequences of the law on mixed marriage, especially related to legal choices and the common property regime. Arrangements regarding the status of children are regulated through provisions that link citizenship status to applicable law. Meanwhile, the Citizenship Act of 2006 provides more progressive legal protections, notably by removing citizenship provisions that discriminate against women and providing limited dual citizenship recognition for children of mixed marriages. The findings of this study confirm the need for more explicit harmonization of regulations and regulations regarding the legal consequences of mixed marriage to ensure legal certainty and protection for the parties.
Co-Authors Ai Imas Mursyidah Zein Nuryamin Nuryamin Yulia Fithriany Rahmah