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All Journal Jurnal Cita Hukum Jurnal Ilmiah Al-Syir'ah Potret Pemikiran Kawanua International Journal of Multicultural Studies Al-Mujtahid: Journal of Islamic Family Law
Yevhen Leheza
Dnipro Humanitarian University
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Disability-Sensitive Nafkah: Formal Equality and Substantive Justice in Indonesian Islamic Family Law Muliadi Nur; Afiah Nurrizky; Yevhen Leheza; Muhammad Sukri
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4239

Abstract

This article examines how nafkah obligations should be interpreted for husbands with disabilities within Indonesian Islamic family law. It evaluates whether the existing legal framework, particularly the Marriage Law and the Compilation of Islamic Law, provides only formal equality or also supports substantive justice. Using normative juridical research with statutory, conceptual, and justice-based approaches, this study analyzes legal provisions, disability rights principles, Islamic family law doctrine, and scholarly debates on equality, proportionality, and maintenance. The novelty of this article lies in the development of a disability-sensitive framework for nafkah that integrates disability rights, substantive equality, maqāṣid-oriented justice, and Islamic maintenance doctrine. The study finds that Indonesian law formally attaches nafkah obligations to all husbands, including husbands with disabilities, without explicit mechanisms for exemption, suspension, or restructuring. This creates formal equality, but may fail to ensure substantive justice when disability produces structural barriers to employment, income, and social participation. The phrase “according to his ability” provides a normative basis for proportional assessment, yet remains underdeveloped without disability-sensitive judicial standards and institutional support. This article argues that nafkah should be interpreted proportionally to protect the wife’s right to maintenance while recognizing the actual capacity and vulnerability of husbands with disabilities.
Legal Interpretation in Islamic, Romano-Germanic, and Anglo-Saxon Traditions Must Move Beyond Textualism to Respond to Digital Legal Challenges Yevhen Leheza; Bohdan Stetsiuk; Mykola Voinarivskyi; Viktoriia Sychova; Yuliia Zaporozhchenko
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.4092

Abstract

This article examines the interpretation of regulatory and legal acts in Islamic law, the Romano-Germanic legal tradition, and the Anglo-Saxon legal tradition in the context of contemporary digital legal challenges. The study is based on the research gap that previous studies have generally examined these legal traditions separately, while limited attention has been given to how they reinterpret existing legal norms when facing similar new problems, such as artificial intelligence, crypto-assets, smart contracts, and electronic evidence. Using a normative juridical method supported by a comparative legal approach and limited content analysis, this article compares the sources of law, subjects of interpretation, dominant interpretative methods, institutional authority, and flexibility of each legal tradition. The study finds that Islamic law emphasizes moral legitimacy and public benefit through ijtihad, maslahah, and maqasid al-sharia; the Romano-Germanic tradition prioritizes legal certainty through codified norms, systematic interpretation, and teleological reasoning; while the Anglo-Saxon tradition offers flexibility through precedent, purposive reasoning, and case-based development of law. The article argues that no single legal tradition provides a complete model for interpreting law in the digital era. A more adaptive model requires the combination of normative certainty, institutional consistency, interpretative flexibility, and value-based justice. These findings contribute to comparative legal scholarship and provide a conceptual basis for improving legal interpretation in modern law enforcement and regulatory reform.
Institutional Capacity of Labor Supervision and Control Bodies: International Standards and Problems of Implementation into Ukrainian Legislation Serhii Ostrovskyi; Serhiy Sivkov; Svitlana Zadereiko; Tetiana Voloshanivska; Yevhen LEHEZA
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50764

Abstract

The article examines the institutional capacity of labor supervision and control bodies in the context of international standards and the features of their implementation in the legislation of Ukraine. The main approaches of the International Labor Organization and the European Union to the organization of the labor inspection system are analyzed, in particular, regarding ensuring the independence of control bodies, the adequacy of their powers, and human and financial support. The current state of legal regulation of the activities of labor supervision bodies in Ukraine is outlined and key problems related to the instability of legislation, the limitation of control powers, and the inconsistency of national mechanisms with the international obligations of the state are identified. The need for a comprehensive approach to the implementation of international standards, combining legislative, institutional, and organizational measures, is substantiated. It is concluded that increasing the institutional capacity of labor supervision and control bodies is an important prerequisite for the effective protection of labor rights of employees and the harmonization of Ukrainian legislation with European social and legal standards.
Epistemology of Islamic Family Law Fatwas among Majelis Ulama Indonesia (MUI), Nahdlatul Ulama (NU), and Muhammadiyah in Plural Indonesia Eldy Satria Noerdin; Yevhen Leheza
Kawanua International Journal of Multicultural Studies Vol 7 No 1 (2026)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v7i1.1914

Abstract

Islamic family-law fatwas in Indonesia show how the epistemology of Islamic Family Law Fatwas among Majelis Ulama Indonesia (MUI), Nahdlatul Ulama (NU), and Muhammadiyah in Plural Indonesia, and Muhammadiyah respond to social change. The study addresses the tension between classical Islamic jurisprudence and contemporary realities that compel fatwas to engage complex family issues. Using a socio-legal approach and Islamic legal-theory analysis operationalized through content analysis of official fatwa documents and systematic cross-institutional comparison, the article examines four issues: minimum marriage age, interfaith marriage, women's public roles and maintenance, and divorce. The findings reveal three epistemic patterns. First, MUI, NU, and Muhammadiyah converge on contextual reasoning oriented toward the higher objectives of Islamic law when addressing issues in which state policy and Islamic law are mutually supportive, as seen in the shift from biological puberty to psychosocial maturity in marriage-age regulation and the proceduralisation of divorce through the Religious Courts. Second, the three authorities converge on a protective stance grounded in the principle of preventing harm when external norms are perceived to threaten religious identity, as in the case of interfaith marriage. Third, their reasoning becomes more elastic when addressing socio-economic realities, legitimising women as breadwinners and moderating absolutist readings of male household authority. Overall, fatwas emerge from a dialectic among revelation, public welfare, and state authority, confirming the relevance of KH. M.A. Sahal Mahfudh's Social Fiqh and Sayuti Thalib's Receptie a Contrario for reading Islamic law's influence on national law.
Legal Protection for Indonesian Migrant Workers Against Online Scam–Based Human Trafficking Berliana Putri Andita; Krista Yitawati; Anik Tri Haryani; Yevhen Leheza
Potret Pemikiran Vol 30, No 1 (2026)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v30i1.4139

Abstract

This study examines the legal protection of Indonesian migrant workers as a vulnerable group against online scam–based human trafficking through a normative and regulatory analysis that integrates human rights and socio-religious perspectives. The research is motivated by the rapid transformation of trafficking practices into digitally mediated forced criminality, which exposes migrant workers to recruitment through fraudulent online platforms and exploitation in transnational cyber-scam operations. Using a normative juridical method combined with an interdisciplinary socio-legal approach, this study analyzes national legislation, international instruments, and ASEAN regional mechanisms to identify regulatory gaps, assess state responsibility, and evaluate victim protection frameworks. The findings reveal three major issues: fragmentation between migration, anti-trafficking, and cybercrime laws; limitations in international and regional cooperation, particularly in victim identification and the application of the non-punishment principle; and the absence of culturally and religiously responsive protection mechanisms. The study further demonstrates that Muslim Indonesian migrant workers experience intersectional vulnerability as migrants, low-wage laborers, and religious minorities, while Islamic community networks function as informal yet effective protection and rehabilitation systems. This research proposes a rights-based and socio-religious model of legal protection that integrates digital governance, normative harmonization, and the institutional recognition of faith-based organizations within national and regional referral mechanisms. The study contributes to the discourse on the protection of vulnerable groups, regulatory transformation, and transnational cyber exploitation by offering a holistic legal framework that responds to the evolving nature of technology-facilitated trafficking.
Co-Authors Afiah Nurrizky Anik Tri Haryani Berliana Putri Andita Bohdan Stetsiuk Eldy Satria Noerdin Krista Yitawati Muhammad Sukri Muliadi Nur Mykola Voinarivskyi Serhii Ostrovskyi Serhiy Sivkov Svitlana Zadereiko Tetiana Voloshanivska Viktoriia Sychova Yuliia Zaporozhchenko