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All Journal AJIS : Academic Journal of Islamic Studies Al-Daulah : Jurnal Hukum dan Perundangan Islam Al-Manahij : Jurnal Kajian Hukum Islam Islamic Law and Social Issues in Society Islamic Law and Social Issues in Society
Muchimah
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Culture and the Dynamics of Religious Interaction in Ritual Practices among Interfaith Marriage Muchimah; Jahar, Asep Saepudin; Hamdani; Fajarini, Ulfah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11659

Abstract

This study examines the legal culture dealing with the interaction of religious practices and rituals among interfaith couples in Purwokerto, Central Java, emphasizing the social and legal dynamics influencing family life. In Indonesian society, interfaith marriage presents a complex issue, intersecting between state legal regulations and religious doctrines. By using qualitative methods through in-depth interviews and analysis of legal documents, this research delves into how interfaith couples navigate their daily lives, compromise the religious differences, and adapt to the prevailing legal framework. Legal culture component in legal system, comprising values and attitudes that influence the operation of the law, this research argues that legal culture significantly influences the practices in n t both social and and religious rituals, struggling the efforts to maintain household harmony. The issuance of Supreme Court Circular (SEMA) Number 2 of 2023 gave impact to the comprehensive legal interpretation and adaptation. This study demonstrates of understanding the interrelation of law, religion, and social practices within Indonesia’s religious pluralism and its implications for the legal acknowledgment and spiritual lives of interfaith couples.
Recent Studies on the Maqāṣid al-Sharīʻah of Abū Isḥāq al-Shāṭibī:: A Systematic Literature Review Kurniawan, Edi; Mustaniruddin, Ahmad; Rizani, Akhmad Kamil; Muchimah; Zaenuri, Ahmad; Muttaqin, Muhamad Zaenal
AJIS: Academic Journal of Islamic Studies Vol. 10 No. 1 (2025)
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/ajis.v10i1.11282

Abstract

This article examines the recent studies on al-Shāṭibī's maqāṣid al-sharīʻah (the highest purpose of Islamic Law) through a systematic literature review covering the years 2018-2023. Despite the growing interest in al-Shāṭibī's maqāṣid al-sharīʻah in contemporary discourse, research on this topic remains uncharted and unquantified. This article seeks to address the knowledge gap by examining the strengths and weaknesses of current studies and identifying potential areas for future research. This article employs a systematic literature review (SLR) as its research methodology, examining 20 scholarly articles selected from 139. This article concludes that scholars have studied al-Shāṭibī's maqāṣid al-sharīʻah across various fields, including Law, fiqh, health, language, comparative methodology, daʻwah, Sunnah, and logic. However, these studies rely heavily on literature review methods, with little to no empirical data. Thus, the key novelty of this article lies in uncovering a persistent theoretical bias in current research on maqāṣid, which limits its relevance to real-world legal and social challenges. This finding reveals an urgent need for more applied research that bridges al-Shāṭibī's normative theories with contemporary societal dynamics. This article underscores an opportunity for further research to build on al-Shāṭibī's maqāṣid al-sharīʻah theory through empirical data and to investigate new issues, including technology, education, banking, and Islamic finance.
The Politics of Disability Law in Indonesia: Transformation to Strengthen the Rights of Persons with Disabilities Akhmad Kamil Rizani; Kharlie, Ahmad Tholabi; Pelu, Ibnu Elmi Acmad Slamat; Tarantang, Jefry; Muchimah; Farhana, Nyimas Tasya
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 14 No. 2 (2024): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2024.14.2.246-280

Abstract

This article discusses the legal politics of legal transformation for persons with disabilities in Indonesia. The Indonesian nation has always recognized and guaranteed respect for human dignity, including persons with disabilities. This can be seen in Law No. 4 of 1997 on Persons with Disabilities, which explains the government's efforts to protect the rights of persons with disabilities by focusing on rehabilitation, providing social assistance, and maintaining social welfare. However, the text content in the law still adheres to a charity-based paradigm, so it has not been able to handle and ensure equal opportunities for persons with disabilities. The method used in this research is normative juridical with primary legal materials Law No. 19 of 2011 concerning the Ratification of the Convention on the Rights of Persons with Disabilities and Law No. 8 of 2016 concerning Persons with Disabilities through a legislative and historical approach. The results of this study show that the legal politics of the formation of Law No. 8 of 2016 on Persons with Disabilities shows the realization of participatory democracy. The transformation of the law changes the paradigm from charity-based to human rights-based, which better guarantees the protection, promotion, and enforcement of the rights of persons with disabilities. Public education on the rights of persons with disabilities, the development of disability-friendly infrastructure, and increased participation of persons with disabilities in decision-making are important for implementation.
Digital Nikah and Smart Contracts: Legal Reconstruction of Islamic Marriage in the Blockchain Era Gunawan, Tri; Muchimah; Dewi Nita Utami; Panggih Abdiguno; Abdulnasir Dhaw Alsayd
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.25

Abstract

The digital era is transforming the institution of marriage, as online ceremonies without official registration create an urgent legal crisis involving fasād al-nasab (distortion of lineage), violations of women’s rights, and a lack of legal certainty. This paper aims to reconstruct Islamic marriage law by integrating blockchain-based smart contracts, assessing the validity of al-‘aqd al-raqmī (digital contract) through the lenses of fiqh al-mu‘āmalāt, legal pluralism, and smart legal contract theory. Employing a qualitative-descriptive methodology, primary data were drawn from Islamic legal texts, fatwas, state regulations, and blockchain technical documentation—collected via literature review and document analysis from authoritative sources such as Tarjih Muhammadiyah fatwas, Patricia Pixie (2024), and Blockchain Council reports (2024). Data were analyzed using a tri-theoretical framework—Wahbah al-Zuhaili’s transactional jurisprudence, Sally Falk Moore’s theory of legal pluralism, and Kevin Werbach’s smart legal contract theory—synthesized within the concept of tadākhul al-anṣāṭ al-qānūniyyah (overlapping legal systems). Findings indicate that digital marriage can be ṣaḥīḥ (valid) under Islamic law if it fulfills shurūṭ al-ṣiḥḥah (conditions of validity), and that blockchain can serve as a sijill al-‘adl (register of justice) due to its immutability (lā yuqbal al-ta‘dīl); however, without state recognition, such unions remain ghayr saḥīḥ qānūniyyan (legally invalid). Limitations include reliance on secondary data and the absence of standardized sharī‘ah-compliant digital identity protocols. Future research should pilot-test this model and examine al-mas’ūliyyah al-shar‘iyyah (Islamic legal liability) in cases of coding errors.
Digital Nikah and Smart Contracts: Legal Reconstruction of Islamic Marriage in the Blockchain Era Gunawan, Tri; Muchimah; Dewi Nita Utami; Panggih Abdiguno; Abdulnasir Dhaw Alsayd
Islamic Law and Social Issues in Society Vol. 1 No. 2 (2025): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v1i2.25

Abstract

The digital era is transforming the institution of marriage, as online ceremonies without official registration create an urgent legal crisis involving fasād al-nasab (distortion of lineage), violations of women’s rights, and a lack of legal certainty. This paper aims to reconstruct Islamic marriage law by integrating blockchain-based smart contracts, assessing the validity of al-‘aqd al-raqmī (digital contract) through the lenses of fiqh al-mu‘āmalāt, legal pluralism, and smart legal contract theory. Employing a qualitative-descriptive methodology, primary data were drawn from Islamic legal texts, fatwas, state regulations, and blockchain technical documentation—collected via literature review and document analysis from authoritative sources such as Tarjih Muhammadiyah fatwas, Patricia Pixie (2024), and Blockchain Council reports (2024). Data were analyzed using a tri-theoretical framework—Wahbah al-Zuhaili’s transactional jurisprudence, Sally Falk Moore’s theory of legal pluralism, and Kevin Werbach’s smart legal contract theory—synthesized within the concept of tadākhul al-anṣāṭ al-qānūniyyah (overlapping legal systems). Findings indicate that digital marriage can be ṣaḥīḥ (valid) under Islamic law if it fulfills shurūṭ al-ṣiḥḥah (conditions of validity), and that blockchain can serve as a sijill al-‘adl (register of justice) due to its immutability (lā yuqbal al-ta‘dīl); however, without state recognition, such unions remain ghayr saḥīḥ qānūniyyan (legally invalid). Limitations include reliance on secondary data and the absence of standardized sharī‘ah-compliant digital identity protocols. Future research should pilot-test this model and examine al-mas’ūliyyah al-shar‘iyyah (Islamic legal liability) in cases of coding errors.
Co-Authors Abdulnasir Dhaw Alsayd Ahmad Mustaniruddin Ahmad Tholabi Kharlie Akhmad Kamil Rizani Dewi Nita Utami Edi Kurniawan Farhana, Nyimas Tasya Hamdani Ibnu Elmi AS Pelu Ida Ayu Putu Sri Widnyani Jefry Tarantang Muttaqin, Muhamad Zaenal Panggih Abdiguno Rizani, Akhmad Kamil Sembiring, Rinawati Tri Gunawan, Tri Ulfah Fajarini