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Inheritance Rights of Children Born Outside Marriage in Mixed Marriages: Normative Conflicts and Harmonization under Indonesian Law Titik Triwulan Tutik; Nur Syam; Tri Hidayati; Agus Aditoni; Mahtumridho Ghufron bin Simun
El-Mashlahah Vol 16 No 1 (2026)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v16i1.10485

Abstract

Indonesia’s pluralistic legal system generates persistent uncertainty on the inheritance rights of children born out of wedlock (marriage), particularly in mixed marriages where Islamic law, civil law, and nationality law intersect. Normative inconsistencies among these legal regimes create disputes concerning filiation, child recognition, and inheritance entitlement. The particular study examined the inheritance rights of extramarital children (also known as children born out of wedlock) in mixed marriages by analyzing the interaction between Indonesian legal norms, the implications of Constitutional Court Decision No. 46/PUU-VIII/2010, and comparative developments in selected Muslim-majority jurisdictions. Employing a normative juridical approach, the study combined statutory, conceptual, comparative, and maqāṣid al-syarī‘ah analyses of legal systems in Malaysia, Morocco, Tunisia, Turkey, Pakistan, Bangladesh, Jordan, and Egypt. The findings found out a fundamental conflict between the Civil Code and the Compilation of Islamic Law (KHI). While the Civil Code recognizes inheritance rights arising from paternal acknowledgment, KHI limits lineage and inheritance to the maternal line. Although Constitutional Court Decision No. 46/PUU-VIII/2010 expanded civil relations between extramarital children and their biological fathers through scientific evidence, the absence of implementing regulations has produced inconsistent judicial interpretations. Comparative analysis demonstrated a growing tendency among Muslim-majority countries to strengthen child protection through maqāṣid-based legal reforms. In Indonesia, the expansion of mandatory bequests (wasiat wajibah) offers a practical mechanism for achieving inheritance justice without altering Islamic lineage doctrine. Legal harmonization, therefore, requires comprehensive regulation that prioritizes the best interests and welfare of the child while maintaining coherence between Islamic and constitutional principles.
Restorasi Pendidikan Islam Multikultural Pesantren Sebagai Garda Depan Moderasi Beragama Moh. Afiful Hair; Nur Syam
Kariman: Jurnal Pendidikan Keislaman Vol. 11 No. 2 (2023): Pendidikan dan Keislaman
Publisher : Institut Kariman Wirayudha Sumenep

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52185/kariman.v11i2.305

Abstract

Indonesia as a multicultural country has a lot of potential to develop progress in various fields. These cultural differences if managed properly are expected to be able to strengthen unity and accelerate the achievement of the expected goals. However, this ideal is still in progress, so in reality there are still many conflicts arising from various backgrounds and triggering causes, both conflicts between individuals, groups, races, groups, including conflicts between religions. The strategy that can be taken is to approach the community by instilling multicultural Islamic education as an alternative resolution of inter-religious conflicts in Indonesia. One of the issues that has attracted the attention of Muslim scholars is the mainstreaming of religious moderation in Islamic boarding schools. Islamic boarding schools as the oldest and original educational institutions in Indonesia cannot be separated from these problems. This study examines the development of moderation as the basic idea of ​​pesantren. This study uses a literature review (Liberary Research) by observing the phenomenology that occurs. The results of this study First, the value of tasamuh (tolerance). The existence of these values ​​can be said to be a fundamental element in realizing multicultural educational activities. The existence of tasamuh values ​​in the realm of practice will emphasize the formation of mutual respect between people, both from differences in ethnicity, religion, and race, both inherent in individual and group life. Second, the diverse values ​​of moderation are contained in the Qur'an surah al-Baqarah: 143. Third, Islamic boarding schools are places, as well as fields for planting multicultural Islam, as guards and bastions of religious moderation in order to create seeds and a nation that is baldatun tayyibatun warabbun ghafur.
Characteristics of Islamic Boarding School Students: A Study of Educational Islamic Characteristics of Islamic Boarding School Students In Syaichona Moh. Cholil Islamic Boarding School Bangkalan Moh. Mardi; Nur Syam; Sofkhatin Khumaidah; Humaidi Humaidi
Al-Irfan : Journal of Arabic Literature and Islamic Studies Vol. 6 No. 1 (2023): March
Publisher : Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/al-irfan.v6i1.764

Abstract

Islamic boarding schools in Indonesia have a significant role to play in producing a young generation with the character to achieve this nation's ideals. Education character will only be formed with support from various parties. Therefore, the role of schools, either formal or non-formal (Islamic boarding schools), is very decisive in achieving that goal. This study aims to describe the character of the Islamic boarding school students (santri) and the inculcation of Islamic morality in the santri who are in the wrong Islamic boarding school in Indonesia, namely the Syaichona Moh Islamic Boarding School. Cholil Bangkalan is part of the contribution of Islamic boarding schools in building a developed and civilized country. This research was conducted with a qualitative descriptive approach with data collection methods: interviews, observation, and documentation. The analysis of Miles and Huberman models found that planting Islamic characters applied in the cottage is integrated with the obligations, prohibitions, and sanctions for those who break the rules. Efforts to instil this character are applied in students' religious activities (ubudiyah), pesantren, and school programs. Then from the efforts to teach the Islamic personality, students are formed religious education which is built on the vision and mission of the pesantren and is strengthened by all shoulder cuttings in the boarding school environment.
Assembling Science Dichotomy of Islamic and West Epistemology Perspective Miftahudin Azmi; Nur Syam
JURNAL AT-TURAS Vol 8, No 2 (2021): Hukum dan Pemikiran Islam
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v8i2.2781

Abstract

The dichotomy of science has been going on for a long time, resulting in knowledge originating from Islamic civilization and Western civilization. This dichotomy ultimately requires scientific integration in various scientific disciplines and educational institutions. Whereas the source of all knowledge comes from God. The purpose of this article is to find a meeting point for the epistemology of Islamic scholarship (al-Qur'an) and the West so that in the end there is no dichotomy of knowledge. This research is normative because it examines the texts of Islamic and Western civilizations to find a meeting point for the scientific epistemology developed by the two civilizations. The results showed that the development pattern of scientific epistemology in the West tended to be dominated by reason and sensory experience (rationalism and empiricism). however, the last few periods of scientific epistemology in the West have developed intuitive methods that ultimately minimize or at least not mainstream the roles of reason and sense experience. This concept is similar to the Islamic epistemology system which carries reason (burhani), senses (bayani), and heart ('irfani).
Gerakan Ekonomi Islam Konservatif-Politik, Wajah Konstruktivisme Kewirausahaan Komunitas Hijrah Indonesia Aang Kunaifi; Burhan Djamaluddin; Ika Yunia Fauzia; Iskandar Ritonga; Nurhayati; Nur Syam; Tika Widiastuti; Muhamad Ahsan
IQTISHODUNA: Jurnal Ekonomi Islam Vol. 14 No. 2 (2025): October
Publisher : Department of Sharia Economics Faculty of Islamic Economics and Business, Universitas Islam Syarifuddin Lumajang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54471/iqtishoduna.v14i2.3192

Abstract

One can interpret the hijra community's economic impact in Indonesia as both beneficial and detrimental. The purpose of this paper is to elucidate the typology of the Indonesian Islamic entrepreneurial movement and the hijrah community movement's compromise model for economic rules. Observations at community business locations, interviews with entrepreneurs in 10 communities, documentation in the form of brochures, photos of activities, and information on Facebook, Instagram, and WhatsApp groups were used in the research, which followed a case study methodology. Three of the 22 informants who were thoroughly questioned were expert informants. The regions of origin of the informants included Java, Sumatra, Bali, NTB, Sulawesi, and Kalimantan. To generate fresh hypotheses, data were examined using theoretical PPIM and Carter and Banker's hijra community typology propositions. The study's findings demonstrate the political conservatism of the hijra community's Islamic economic movement. Specifically, the dominant economic system, the Islamic economic movement, aims to replace conventional or ribawi economics, or is portrayed as such in the dual system notion.
Intelligence in Islamic Education: Knowledge Integration or Ethical Alienation Faisol Hakim; Nur Syam; Mufidah Ch; Abdullah Malik Ibrahim
Attaqwa: Jurnal Ilmu Pendidikan Islam Vol. 22 No. 1 (2026): Pendidikan Agama Islam Integratif
Publisher : Prodi Pendidikan Agama Islam Sekolah Tinggi Agama Islam Daruttaqwa Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54069/attaqwa.v22i1.1149

Abstract

The rapid integration of Artificial Intelligence (AI) in Islamic Religious Education (IRE) has been widely framed as a driver of efficiency and personalized learning. Yet, its epistemological and ethical implications remain underexplored. This study aims to critically examine whether AI functions as a medium of knowledge integration or instead generates ethical alienation within IRE. Employing a qualitative library research design, this study utilizes a philosophical-pedagogical approach combined with critical discourse analysis to interrogate contemporary AI-in-education literature and Islamic educational philosophy. The findings reveal that AI operates within a computational-positivistic epistemic framework that is not fully compatible with the holistic and transcendental epistemology of Islamic education. The study identifies four dimensions of ethical alienation: alienation from the substantive meaning of values, teacher–student relationality, learning community, and transcendental orientation. Furthermore, AI-driven systems tend to prioritize measurable cognitive outcomes, potentially shifting the educational objective from the formation of insan kamil to competency-based achievement. The research also highlights a fundamental tension between the Islamic project of knowledge integration and the efficiency-oriented logic of technology. As an implication, this study proposes a reflective framework grounded in maqasid al-tarbiyah, emphasizing the subordination of technology to ethical and spiritual educational goals, preservation of relational pedagogy, and participatory governance in AI implementation. These findings underscore the need for educators to develop critical literacy to evaluate AI not merely as a technical tool but as a value-laden system shaping the future of Islamic education.
Pattern of Problem Solving in Religious Harmony Forum Nur Syam; Abdul Basyid
Millati: Journal of Islamic Studies and Humanities Vol. 9 No. 1 (2024): MILLATI
Publisher : Universitas Islam Negeri (UIN) Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/millati.v9i1.660

Abstract

This article aims to deepen the patterns of conflict resolution over religious issues in the Religious Harmony Forum (FKUB) in three different provinces, namely North Sumatra, West Java, and East Java. In addition, to recognize the value and role of collegial collective leadership in solving inter-religious problems in each province. This research chose a qualitative approach with descriptive methods. The data revealed is in the form of verbal expressions from the subjects or key informants and informants and then recorded and written according to the categories that have been determined. A multisite design was used in this research because the study focused on FKUB's collegial collective leadership in resolving inter- or internal life problems among religious communities. The result of this study disputes between religious communities and the construction of houses of worship are two issues that are often assisted by FKUB in their resolution. Negotiations between religious adherents are used to seek answers to problems in the context of conflict resolution based on local wisdom, inclusive diversity, upholding mutual respect and equality, and are open to accepting ideas and views, from different points of view.
Strengthening the Halal Blue Economy through Festival-Based Tourism: A Maqasid Sharia Framework for the Gresik Milkfish Festival Lilik Rahmawati; Nur Syam; Kusaeri; Muhammad Najmuddin bin Ibrahim; Nur Maulidah Dini Rahmani; Eliya Najma Muntazeri
IQTISHODUNA: Jurnal Ekonomi Islam Vol. 15 No. 1 (2026): April
Publisher : Department of Sharia Economics Faculty of Islamic Economics and Business, Universitas Islam Syarifuddin Lumajang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54471/iqtishoduna.v15i1.3635

Abstract

The implementation of the milkfish festival tourism in Gresik can help  strengthen the halal blue economy, especially since Gresik has strong  fishery  and marine potential. As a result, many people in Gresik depend on these marine products for their livelihoods. This study aims to analyze efforts to strengthen the halal blue economy through the Gresik milkfish festival from the perspective of maqasid sharia. The approach used  descriptive qualitative. Data were collected through the interview and observation, and analyzed using the maqasid sharia theory of al-Ghazali and al-Shatibi. The results found that all blue economy indicators at the Gresik milkfish festival align completely  with all aspect of maqasid sharia, namely hifdz al-Din, hifdz al-Nafs, hifdz al-Nasl, hifdz al-Aql, and hifdz al-Maal. These Blue-economy indicators are classified as daruriyyat and hajiyyat. Specifically, efforts to create a sustainable fishery future, manage coastal and marine assets, and combat plastic pollution from land to the sea fall under the dharuriyat level. Meanwhile, the development of Indonesia's tourism potential, the existence of integrated policies, and the integration of fishery, ecosystem, tourism, and waste data are aspects of maqasid sharia at the hajiyyat level. The implication of this research is finding a priority scale to strengthen the blue economy in Gresik using a maqasid sharia perspective. Practically, this research also provides useful information for the local government to prioritize their activities in strengthening the halal blue economy.