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All Journal Mitsaq : Islamic Family Law Journal Sharia Oikonomia Law Journal
Marini Abdul Djalal
Institut Agama Islam Negeri Ternate
Religion Law, Crime, Criminology & Criminal Justice

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STUDI PEMIKIRAN 4 MAZHAB DAN YURISPRUDENSI TENTANG KEWARISAN ORANG MURTAD Ismail Munir; Ibnu Rusyd Talaba; Aisa Saifudin; Taufik Hidayat; Rifaldi M. Torano; Marini Abdul Djalal
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/z2kd8534

Abstract

This study aims to analyze in depth and reconstruct the concept of religious difference as a barrier to inheritance rights under Islamic law, while also examining how this provision is applied and adapted within the national legal system in force in Indonesia. The research employs normative-juridical and comparative approaches through comprehensive library research, reviewing primary sources including the Holy Quran, Prophetic traditions (Hadith), the established opinions of the four major schools of Islamic jurisprudence, the Compilation of Islamic Law, and relevant judicial decisions issued by the Supreme Court of the Republic of Indonesia. The findings reveal that the prohibition of mutual inheritance between individuals of different religions is interpretive (ijtihadi) in nature, rather than an absolute rule explicitly stated in the sacred texts. The true legal rationale behind this provision lies in the existence of enmity or the complete severance of social and family bonds, and not merely in formal differences in religious belief. Through the progressive development of jurisprudence, judges have found a fair and practical solution by granting access to these rights through the mechanism of mandatory bequest, thereby preserving the original legal framework while ensuring substantive justice and harmony within society. The study concludes that a careful reconstruction of this understanding is necessary to ensure that Islamic inheritance law remains dynamic, consistent with constitutional principles, and capable of addressing the diverse needs and realities of contemporary Indonesian society.
THE PROTECTION OF THE RIGHTS OF CHILDREN BORN OUT OF WEDLOCK FROM THE PERSPECTIVE OF JASSER AUDA'S MAQASID AL SHARIAH: AN INTEGRATIVE ANALYSIS OF LINEAGE, MAINTENANCE, INHERITANCE, AND CHILD PROTECTION POLICIES Irfan Hadi; Hamdan Hasan; Marini Abdul Djalal
Sharia Oikonomia Law Journal Vol. 4 No. 3 (2026)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/solj.v4i3.4210

Abstract

This study examines the protection of the rights of children born out of wedlock from the perspective of Jasser Auda’s contemporary maqasid al-shariah, supported by recent scholarly literature. The legal status of children born out of wedlock has long been dominated by classical Islamic jurisprudence, which tends to adopt a textual approach and may consequently give rise to social stigma, legal discrimination, and limited fulfillment of children’s rights. This study employs a library research method with a qualitative-philosophical approach to analyze legal reconstruction through the systems approach developed by Jasser Auda. The findings demonstrate that the contemporary maqasid paradigm shifts the orientation of ?if? al-nasl from merely preserving the legitimacy of lineage (nasab) toward ensuring comprehensive protection of children’s rights and human dignity. This reconstruction underscores the importance of recognizing biological parentage, fulfilling children’s maintenance (nafaqah) rights, and safeguarding their economic welfare through legal instruments such as the obligatory bequest (wa?iyyah w?jibah) and inter vivos gifts (hibah). Furthermore, the Constitutional Court Decision No. 46/PUU-VIII/2010 and the Child Protection Law demonstrate a convergence with the systems-based maq??id paradigm by prioritizing the best interests of the child. Therefore, the protection of the rights of children born out of wedlock should be implemented in a manner that is just, humane, and free from all forms of discrimination.
Co-Authors Aisa Saifudin Hamdan Hasan Ibnu Rusyd Talaba Irfan Hadi Ismail Munir Rifaldi M. Torano Taufik Hidayat