Mahmoud Ali Al-Sobh
Ajloun National University, Jordan

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Revisiting Masuk Kaum: Contextualising Local Custom in Contemporary Islamic Family Law through ʿUrf and Maṣlaḥah Miti Yarmunida; Yusmita; Zurifah; Akhmad Romadhon; Mahmoud Ali Al-Sobh
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i2.13045

Abstract

Masuk Kaum, a customary practice among the Pekal community, illustrates how the legal validity of marriage under Islamic law and its social legitimacy within customary institutions operate in distinct yet interconnected normative spheres. Although the practice is not a formal requirement for marriage validity, it continues to play a significant role in regulating kinship relations and social integration after marriage. This study examines the contemporary practice of Masuk Kaum, evaluates its status as ʿurf, and assesses whether it promotes maṣlaḥah while avoiding mafsadah within the framework of contemporary Islamic family law. The research employs a doctrinal-empirical socio-legal approach based on fieldwork conducted in Sungai Rumbai District. Primary data were collected through semi-structured interviews with five key informants, supported by limited participant observation and field notes, while secondary data were drawn from classical and contemporary literature on uṣūl al-fiqh, particularly the concepts of ʿurf, maṣlaḥah, and maqāṣid al-sharīʿah. The data were analysed through thematic coding to identify the social functions of Masuk Kaum, followed by a doctrinal assessment against the criteria of ʿurf ṣaḥīḥ and maṣlaḥah. The findings demonstrate that Masuk Kaum functions primarily as a mechanism for incorporating spouses into the customary kinship system, enabling access to clan protection, participation in customary deliberation, and representation in communal dispute resolution. The practice qualifies as ʿurf ṣaḥīḥ insofar as it does not alter the essential pillars and legal conditions of marriage or create discriminatory exclusion. From the perspective of maṣlaḥah, it is categorised as serving the level of ḥājiyyāt because it strengthens kinship cohesion and contributes to conflict prevention. However, its legitimacy remains conditional, as compulsory financial obligations may constitute mafsadah when imposed without flexibility. This study contributes to contemporary Islamic family law by conceptualising ʿurf as a framework for normative recognition and maṣlaḥah as a critical standard for evaluating the legitimacy and sustainability of evolving customary practices.
Reconstructing Legal Protection for Construction Service Providers in Construction Contracts Based on Pancasila Justice Syamsiar Nurhayadi; Muhammad Ridwan Lubis; Dzaka Imtiyaz Iqbal; Andi Aina Ilmih; Naavi'u Emal Maaliki; Mahmoud Ali Al-Sobh
Nusantara: Journal of Law Studies Vol. 5 No. 2 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/7jwv7550

Abstract

Legal protection for construction service providers in construction contracts remains inadequate despite the enactment of Law Number 2 of 2017 on Construction Services. The existing regulatory framework imposes extensive obligations on service providers while failing to establish effective legal consequences for service users who delay contractual payments, thereby creating an imbalance of rights and obligations. This study aims to examine the regulatory weaknesses in the legal protection of construction service providers and to propose a reconstruction of the legal framework grounded in the principles of Pancasila justice. Employing a normative legal research method, the study analyzes statutory regulations, legal doctrines, judicial principles, and conceptual approaches to identify inconsistencies within the current legal regime. The findings reveal that the existing framework does not adequately ensure equitable contractual protection, as Article 47 lacks explicit provisions imposing sanctions on service users for late payments. These deficiencies are reflected in three interrelated dimensions: legal substance, which fails to provide balanced sanction mechanisms; legal structure, characterized by the absence of an independent and competent construction contract audit institution; and legal culture, where procurement practices continue to prioritize the lowest bid over fairness, professionalism, and service quality. To address these shortcomings, this study proposes a reconstruction of Article 47 by introducing mandatory payment obligations within agreed contractual periods, accompanied by enforceable sanctions in the form of material and immaterial compensation for unjustified payment delays. The proposed reconstruction integrates the values of Pancasila justice, emphasizing balance, proportionality, good faith, and social justice as fundamental principles of contractual relations. The study contributes to the development of construction contract law by offering a justice-oriented regulatory model that strengthens legal certainty, enhances contractual fairness, protects construction service providers, and promotes a more equitable legal system in Indonesia's construction services sector