p-Index From 2021 - 2026
0.751
P-Index
This Author published in this journals
All Journal DE JURE El-Mashlahah
Whindari, Yayuk
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Legal Protection of Architectural Works as Copyright: An Epistemological and Islamic Law Perspective Ruhtiani, Maya; Prihatinah, Tri Lisiani; Sulistyandari, Sulistyandari; Park, Hyun Kyung; Whindari, Yayuk
El-Mashlahah Vol 14 No 1 (2024)
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.v14i1.7645

Abstract

The research examined the problem of the legal protection of architectural works as copyright. It described the concept of the legal protection of architectural works based on the point of view of the philosophy of science and Islamic law. This research aimed to solve problems related to the infringement of architectural works as copyright through concepts in the philosophy of science and Islamic law. The research method used a philosophical approach and theoretical approach. The results showed that the legal protection of architectural works as copyrighted works from the epistemological point of view was based on the boundaries of science as obtained through experience. Then, it tested empirically to produce science with an objective, rational nature and methods carried out using science from acceptable and reliable researchers so that the results of architectural works by applying elements of culture, science and technology have the quality of works that are not in doubt of their authenticity. In Islamic law, the legal protection of architectural works leads to moral rights owned by the creator because of the principle of maslahah or public interest, which has the same concept as the Utilitarian theory proposed by Jeremy Bentham. Legal protection of architectural works as copyright refers to an epistemological point of view. Islamic law is based on moral rights as one of the inherent rights owned by the creator as the originality of the work that must be protected. In contrast, economic rights are considered an added value of the moral rights owned by the creator.
Negotiating Islamic Law and Religious Tolerance in Mixed-Marriage Families in South Korea Whindari, Yayuk; Sudirman, Sudirman; Zulaichah, Siti; Hayati, Irma Nur; Hyun, Park Ji; Taufiqi, Muchammad Zidan
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.31313

Abstract

The dynamics of mixed-marriage families between Muslims and non-Muslims in South Korea illustrate how Islamic legal principles are negotiated within a multicultural and minority context. This study examines how Indonesian–Korean families practice and reinterpret Islamic law by integrating Social Construction Theory and the maqāṣid al-sharī‘ah framework. This research employs a socio-juridical qualitative design supported by demographic statistics on Indonesian migrants and intermarriages from Korean government sources. Primary data were obtained through in-depth interviews and semi-structured questionnaires with ten purposively selected Indonesian Muslim–Korean couples, while some other data were gathered from the Korean Muslim Federation (KMF) and the Indonesian Muslim Student Association (IMUSKA), both playing a central role in community support and religious education. Data were analysed in three stages: reduction, data display, and conclusion-drawing, to obtain a thematic interpretation that integrates social and legal dimensions. The findings reveal diverse strategies among Muslim spouses in balancing religious obligations with tolerance toward non-Muslim partners and families. Some maintain strict adherence to Islamic prohibitions, while others accommodate local cultural practices such as communal dining or social gatherings involving alcohol, interpreting these as expressions of respect and family harmony rather than religious neglect. These negotiations demonstrate that tolerance within mixed-marriage families is an active, socially constructed process shaped by daily interaction, cultural adaptation, and pragmatic decision-making. From the maqāṣid al-sharī‘ah perspective, such practices can be understood as preserving core objectives of Islamic law—ḥifẓ al-dīn (protection of faith), ḥifẓ al-nasl (family and lineage), and ḥifẓ al-ijtima‘ (social harmony). This research contributes to broader discussions on Islamic law, interfaith relations, and the lived experiences of Muslim minorities, highlighting how Islamic legal principles operate dynamically within non-Muslim communities.