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All Journal Al-'Adalah Al-Ulum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah BILANCIA Kosmik Hukum Pleno Jure Potret Pemikiran Kawanua International Journal of Multicultural Studies JURIS (Jurnal Ilmiah Syariah) Al-Mujtahid: Journal of Islamic Family Law COMPARATIVA: Jurnal Ilmiah Perbandingan Mazhab dan Hukum Indonesian Journal of Shariah and Justice Al-Istinbath: Jurnal Hukum Islam DIKTUM: JURNAL SYARIAH DAN HUKUM Al-'Aqdu: Journal of Islamic Economics Law Jurnal Ilmiah Pengabdian Kepada Masyarakat (Nyiur-Dimas) Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Subeitan, Syahrul Mubarak
Institut Agama Islam Negeri Manado, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.
Moderasi Beragama: Konsep dan Implementasi di Perguruan Tinggi Keagamaan Islam Negeri Baba, Mastang Ambo; Zainal, Nur Fitriani; Subeitan, Syahrul Mubarak
Al-Ulum Vol. 23 No. 2 (2023): Al-ULum
Publisher : Institut Agama Islam Negeri (IAIN) Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/au.v23i2.4139

Abstract

This research aims to analyze the concept and implementation of religious moderation at two State Islamic Religious Universities (PTKIN), namely IAIN Manado and IAIN Sultan Amai Gorontalo. In qualitative research with a sociological approach, the research results show that the two PTKINs have succeeded in implementing the concept of religious moderation by prioritizing moderate attitudes, tolerance, and dialogue between religious believers in the campus environment. However, challenges such as skepticism and negative perceptions of religious moderation remain obstacles. The role of lecturers and education staff has a significant impact in supporting the implementation of religious moderation. Training programs and special initiatives have proven effective in increasing understanding and awareness of religious moderation among the academic community.
Understanding the Implications of Marriage Law Amendments: Marriage Dispensation Cases in Indonesian Religious Courts Yetta, Yasin; Rajafi, Ahmad; Subeitan, Syahrul Mubarak
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i1.8979

Abstract

This article aims to determine the implications of changing Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage Dispensations in Indonesian Religious Courts. Specifically, this research seeks to analyze the increase in cases of post-amendment dispensation and explore the factors contributing to the gap between legal mandates and community practices regarding early marriage. This research uses a qualitative approach with a juridical perspective using comprehensive data analysis from Religious Courts in various regions in Indonesia. The data sources include decisions from the Directory of Decisions of the Supreme Court of the Republic of Indonesia, which focus on requests for dispensation. The analysis involves data collection, selection, sorting, reduction, and conclusion, aiming to effectively meet research objectives and address research gaps. This study integrates legal norms and societal dynamics to comprehensively understand the failure of the Amendment and its implications for the marriage dispensation in Indonesia. The analysis revealed a significant increase in requests for dispensation after the amendment. This reflects the challenges in dealing effectively with early marriage. Cultural pressures, institutional inconsistencies, and societal complexity contribute to the rise in cases of dispensation, underscoring the need for a different approach to legal reform and societal practice. Despite efforts to equalize the marriage age and prevent early marriage, the Amendment has not effectively addressed societal realities, resulting in a gap between legal mandates and actual practice.
QATH’Y DAN ZHANNY DALAM HUKUM KEWARISAN ISLAM: (ANALISIS MAQASID SYARI’AH TERHADAP SISTEM PEMBAGIAN WARISAN) Subeitan, Syahrul Mubarak; Muthahhar, Ahmad
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 14 No. 1 (2020): BILANCIA
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v14i1.523

Abstract

Qath’y and zhanny are a theory in language about a show the text to know the clarity and disguise of the text to a meaning. Qath’y and zhanny in Ushul Fikih used to explain the text of the source of Islamic law in al-Qur’an and Hadis in two things, al-Tsubut (existence) or al-Wurud (sourced from the truth) and ad-Dalalah (interpretation). This article will explain the differences of ulama in two concepts (qath’y and zhanny) is about inheritance law texts. After that, the concept will analyze by Maqasid al-Syari’ah approach. The result from the analysis that the texts of Islamic Inheritance Law is categorize as zhanny ad-Dalalah. The texts that deal with social society (muamalah) has influenced by social-economic in community. So that, creating the consequences of a religious text is about inheritance law to open the modern interpretation.
Transforming Qur’anic Literacy among Inmates through a Semi-Pesantren Model in Lembaga Pemasyarakatan Bitung Akil, Muhammad; Subeitan, Syahrul Mubarak
Potret Pemikiran Vol 29, No 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/pp.v29i1.4130

Abstract

This study examines how a semi-pesantren (Islamic Boarding School) educational model shapes Qur’anic literacy among inmates at Lembaga Pemasyarakatan Bitung, Indonesia. While studies on prison religious education are growing, limited research explains how Qur’anic literacy is developed pedagogically in correctional settings and how it relates to rehabilitation in practice. Using qualitative field research with a descriptive-analytical approach, data were collected through in-depth interviews, participant observation, and documentation, and then analyzed thematically. In this study, Qur’anic literacy refers to foundational competencies in recognizing hija’iyyah letters, reading Qur’anic text, and participating in guided religious learning. The findings show that the semi-pesantren model combines tafriq and taushil methods for letter recognition and reading development with structured learning in taḥfīẓ, fiqh, ‘aqidah, Islamic history, and basic Arabic. This integrated model supports the gradual development of Qur’anic reading and writing skills while also encouraging religious discipline, moral reflection, and constructive behavioral change within the prison environment. The article’s theoretical contribution lies in proposing a context-based framework that links Qur’anic literacy formation to faith-based rehabilitation through an adaptive semi-pesantren model in correctional institutions.
Compensatory Annulment Justice in Indonesian Marriage Law: Coercion, Cohabitation, and Substantive Protection Nur, Muliadi; Bukido, Rosdalina; Subeitan, Syahrul Mubarak
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30648

Abstract

Existing scholarship on marriage annulment in Indonesian family law primarily addresses formal defects of validity and coercion, but offers limited analysis of compensatory remedies when annulment produces social and economic harm. This article addresses that gap by examining Decision No. 42/Pdt.G/2023/PA.Llk and introducing the concept of compensatory annulment justice, defined as a judicial approach that annuls a coerced marriage while preserving limited remedies for relational harm. Using a normative juridical, case-based analysis, the study treats the decision as primary legal material to assess judicial reasoning on consent, coercion, cohabitation, and compensation. The findings show that the court moved beyond formal validity by (i) construing coercion through witness-based proof of psychological threat, (ii) positioning premarital cohabitation and local custom as relevant social facts without allowing them to override free consent, and (iii) awarding Rp2,000,000 via reconventional claim grounded in unlawful act doctrine and proportionality. These results demonstrate that annulment need not erase all consequences of the relationship. The study contributes a coherent framework for integrating consent protection with post-annulment responsibility, offering doctrinal guidance for courts to balance autonomy, legal pluralism, and substantive justice in family disputes.
Co-Authors Ahmad Rajafi Baba, Mastang Ambo Bilalu, Naskur Bukido, Rosdalina Dano, Farhan Fatum Abubakar Fitriani Tadete Frangky Suleman Gómez, José Manuel Naranjo harun, nurlaila Hasyim Sofyan Lahilote Jamal, Ridwan Kartoredjo, Ireniza Kolopita, Abdul Fajri Muhamad Sauki Alhabsyi Muhammad Akil, Muhammad Muhammad Sauki Alhabsyi Muhammad, Adamu Abubakar Muliadi Nur Mursyid, Salma Muthahhar, Ahmad Nasruddin Yusuf, Nasruddin Nurlaila Isima Purwadi, Wira Rahmatillah, Nor Annisa Salma Salma Sarib, Suprijati Sutrisno, Melissa Tumiwa, Anisa Jihan Usup, Djamila Wira Purwadi Yetta, Yasin Zainal, Nur Fitriani Zakariah, Asril Amirul