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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum USRATY : Journal of Islamic Family Law
Juliani Syafitri
Hartford International University for Religion and Peace
Law, Crime, Criminology & Criminal Justice

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Jurisdictional Synergy and Contradictions: Religious and State Courts in Indonesia's Pluralistic Inheritance Disputes Ade Fariz Fahrullah; Nurhayati Zein; Muhammad Hafis; Juliani Syafitri; Wahyu Kurniawan
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no2.4920

Abstract

Legal pluralism in Indonesia’s inheritance law, encompassing Islamic law, customary law, and the Civil Code, creates institutional dualism in dispute resolution. This article analyzes the roles of the Religious Court and District Court, identifies jurisdictional synergies and conflicts, and evaluates their implications for legal certainty and substantive justice using a normative juridical method supported by regulations, jurisprudence, and secondary data. The findings show that the Religious Court plays a central role, particularly in post-mortem marital property disputes and cases prone to forum shopping, while synergy appears in the execution of decisions through notaries and Land Deed Officials (PPAT) linking judicial determinations with land administration. Contradictions arise when such disputes are brought before the District Court, creating inefficient multi-stage processes and prolonging resolution, which weakens legal certainty and procedural efficiency. The study underscores the need for clearer regulatory alignment through Supreme Court instruments to define jurisdictional limits and prevent forum shopping, alongside strengthening judicial capacity and harmonizing the role of notaries and PPAT to achieve a more integrated and reliable system of inheritance dispute resolution.
Prostitution Under the Guise of Religion: The Exploitation of Marginalized Women Through Temporary Marriage Doni Prananda; Maghfirah Maghfirah; Habiburrahman Rizapoor; Juliani Syafitri
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11415

Abstract

This study aims to examine the exploitation of marginalized women through temporary marriage practices conducted under the guise of religious legitimacy and to analyze how such practices may reproduce forms of disguised prostitution. The study employs qualitative normative legal research with a socio-legal perspective, integrating Islamic family law analysis with gender and social vulnerability perspectives. The data consist of Islamic legal literature, scholarly publications, legal materials, and documented cases concerning temporary marriage, women’s marginalization, and religiously framed sexual exploitation. The findings reveal that temporary marriage can become an instrument of exploitation when religious claims are used to legitimize relationships characterized by economic transactions, unequal bargaining power, and temporary sexual access. Marginalized women are particularly vulnerable because economic hardship, limited social protection, and structural inequality can constrain their ability to exercise meaningful consent. The findings also demonstrate that formal religious justification does not necessarily ensure substantive justice, particularly when marriage arrangements result in economic dependency, abandonment, stigma, or the denial of women’s rights and dignity. The study concludes that temporary marriage practices involving marginalized women should be assessed not solely through formal notions of religious or contractual validity but also through justice, meaningful consent, human dignity, and protection from exploitation. Academically, this study contributes to Islamic family law scholarship by introducing a socio-legal and gender-sensitive framework for examining how religious legitimacy can intersect with structural vulnerability and transform temporary marriage into a mechanism of exploitation.
Co-Authors Ade Fariz Fahrullah Doni Prananda Habiburrahman Rizapoor Maghfirah Maghfirah Muhammad Hafis Nurhayati Zein Wahyu Kurniawan