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Reconstruction of Islamic-Based Marriage Law Politics: A Comparison between Legal Traditions in the Middle East and Southeast Asia Abbas Sofwan Matlail Fajar; Karmawan; Nur Rohim Yunus
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8356

Purpose - This article aims to analyze the reconstruction of Islamic-based marriage law politics through a comparative approach between the legal traditions of the Middle East and Southeast Asia. The study examines how legal politics shapes the codification of family law and the extent to which reconstruction is needed to address the challenges of justice and modernity. Method - This study employs a normative-comparative method, drawing on a legal politics approach and comparative Islamic law. The data are drawn from primary legal materials (marriage laws, Islamic legal compilations, and family regulations in Muslim-majority countries) and secondary legal materials, including academic literature. The analysis is conducted through content analysis and comparison of legal systems. Findings - The findings indicate that legal politics plays a dominant role in shaping Islamic-based marriage regulations. The legal tradition in the Middle East tends to preserve classical fiqh with a high degree of conservatism. In contrast, Southeast Asia is more adaptive through codification and harmonization with national legal systems. A reconstruction of legal politics is necessary to integrate the principles of maqāṣid al-sharīʿah with the demands of universal justice. Research Implications - This study contributes to the development of Islamic legal politics theory and serves as a reference for policymakers in formulating marriage regulations that are responsive to social dynamics. Originality/Value - This study offers a new perspective on the reconstruction of Islamic-based marriage law politics through a cross-regional comparative analysis, a subject rarely examined in depth in contemporary Islamic legal literature.

Legal Politics and Protection of Muslim Families in Conflict Areas: A Criminal Law Study Based on the Maqāṣid al-Syarī‘ah of Imam al-Syāṭibī in Gaza, Palestine Soleh, Muhamad; Yunus, Nur Rohim; Fachruddin, Imam
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 2 (2025): December 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.2.212-230

The protracted armed conflict in Gaza, Palestine, has profoundly affected the survival, security, and resilience of Muslim families. The ongoing war not only threatens their physical safety but also disrupts the social fabric, weakens economic stability, and erodes moral foundations within the family unit. In this context, family protection in conflict zones requires a comprehensive legal framework, one of which can be approached through the Maqāṣid al-Syarī‘ah perspective as articulated by Imam al-Syāṭibī. This study seeks to analyze the concept of Muslim family protection through the lens of maqāṣid principles, assess the dynamics of legal politics in Gaza, and evaluate the role of criminal law in safeguarding families in conflict. Employing a qualitative juridical-normative and sociological method, the research relies on literature studies of regulations, government policies, scholarly works, and international reports. The findings demonstrate that family protection efforts in Gaza partially reflect maqasid values such as hifz al-nafs, hifz al-‘aql, and hifz al-nasl, though they are hindered by limited legislation, weak infrastructure, and political instability. Imam al-Syāṭibī’s thought offers a strong normative foundation for integrating benefit into legal policy, thereby reinforcing family resilience amid crisis.

Reconstruction of Islamic-Based Marriage Law Politics: A Comparison between Legal Traditions in the Middle East and Southeast Asia Abbas Sofwan Matlail Fajar; Karmawan; Nur Rohim Yunus
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8356

Purpose - This article aims to analyze the reconstruction of Islamic-based marriage law politics through a comparative approach between the legal traditions of the Middle East and Southeast Asia. The study examines how legal politics shapes the codification of family law and the extent to which reconstruction is needed to address the challenges of justice and modernity. Method - This study employs a normative-comparative method, drawing on a legal politics approach and comparative Islamic law. The data are drawn from primary legal materials (marriage laws, Islamic legal compilations, and family regulations in Muslim-majority countries) and secondary legal materials, including academic literature. The analysis is conducted through content analysis and comparison of legal systems. Findings - The findings indicate that legal politics plays a dominant role in shaping Islamic-based marriage regulations. The legal tradition in the Middle East tends to preserve classical fiqh with a high degree of conservatism. In contrast, Southeast Asia is more adaptive through codification and harmonization with national legal systems. A reconstruction of legal politics is necessary to integrate the principles of maqāṣid al-sharīʿah with the demands of universal justice. Research Implications - This study contributes to the development of Islamic legal politics theory and serves as a reference for policymakers in formulating marriage regulations that are responsive to social dynamics. Originality/Value - This study offers a new perspective on the reconstruction of Islamic-based marriage law politics through a cross-regional comparative analysis, a subject rarely examined in depth in contemporary Islamic legal literature.

STRATEGY FOR OVERCOMING THE COMMUNITY'S NEGATIVE IMAGE TOWARD ISLAMIC BOARDING SCHOOLS Umlina Mukhlas; Nur Rohim Yunus; Faiqatul Husna
Hijri Vol 14, No 2 (2025): HIJRI (Author Geographical Coverage: Turkey and Indonesia)
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/hijri.v14i2.26909

Islamic boarding schools (pesantren), as traditional Islamic educational institutions in Indonesia, often face a negative public image portraying them as closed, rigid, and less adaptive to modern challenges such as radicalism, narcotics, and bullying. The background of this issue stems from stereotypes reinforced by mass and social media, which highlight cases of isolation without contextualizing positive aspects, as well as from the public's limited understanding of moderate Islamic values such as tolerance and empathy. This condition hinders the role of pesantren as agents of social change and as institutions shaping the character of the younger generation. This study employs both qualitative and quantitative methods, including surveys, in-depth interviews with pesantren leaders, alumni, and community members, as well as literature reviews to identify the factors contributing to stigma and strategies for its mitigation. This approach is grounded in philosophical, sociological, and juridical foundations, such as Law Number 18 of 2019 on Pesantren, which emphasizes adaptability and innovation. The findings indicate that effective strategies include curriculum modernization through the integration of general sciences and technology, social media campaigns to build positive narratives, anti-bullying programs through counseling and conflict resolution skills training, and partnerships with government and local communities for social initiatives such as narcotics prevention. The discussion reveals that these approaches successfully reduce stigma, strengthen public trust, and reinforce the inclusivity of pesantren as a safe and harmonious learning environment. The conclusion asserts that overcoming negative imagery requires multidimensional collaboration to realize the vision of pesantren as a relevant, inclusive, and competitive pillar of national education, thereby contributing to the development of a morally grounded generation in the modern era.

Rethinking Criminal Law Policies in Taxation to Overcome Tax Violations Kusumo, Bambang Ali; Marwiyah, Siti; Yunus, Nur Rohim
BESTUUR Vol 10, No 2 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i2.62064

Taxes are the largest source of state revenue for Indonesia's development, but the tax compliance rate of Indonesians is still low. This study aims to analyze issues related to rethinking criminal law policies in taxation to overcome tax violations. This is normative legal research that uses statutory and comparative approaches. The results of the study show that criminal acts in the field of taxation are included in criminal acts in the field of administrative law, which is known to be simple and flexible in law enforcement as long as the purpose of the law is achieved, namely that taxpayers are willing to pay taxes according to their obligations.

OPTIMALISASI KINERJA KOMISI PEMBERATASAN KORUPSI DALAM PENANGGULANGAN KORUPSI DANA DESA Nur Rohim Yunus; Latipah Nasution
JUSTITIA : Jurnal Ilmu Hukum dan Humaniora Vol 9, No 3 (2022): JUSTITIA : Jurnal Ilmu Hukum dan Humaniora
Publisher : Universitas Muhammadiyah Tapanuli Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31604/justitia.v9i3.1278-1292

Pemerintah mencanangkan visi dalam nawacita yang berbunyi â€membangun Indonesia dari pinggiranâ€. Visi tersebut memberikan konsekuensi terhadap pelaksanaannya, yakni dengan konsep pembangunan di daerah, khususnya di Desa. Undang-Undang Nomor 6 tahun 2014 pada pasal 22 menyebutkan bahwa pemerintah memberikan 10% dana APBN untuk pembangunan di desa sebagai bentuk bantuan langsung pemerintah pusat terhadap pendapatan desa. Namun, Dana Desa tersebut patut dikelola dengan baik dan benar oleh aparatur desa guna mencegah terjadinya penyalahgunaan dalam pengelolaan dan pemanfaatannya. Karenanya, dibutuhkan pengawasan secara ekslusif terhadap dana desa. Tujuan penelitian ini berupaya mengoptimalkan penerapan asas pemerintahan yang baik dan bersih yang merupakan esensi bernegara guna mencapai kesejahteraan masyarakat. Hasil dari penelitian ini menunjukkan bahwa pengawasan terhadap dana desa belum efektif. Hal ini dilihat dari masih banyaknya kasus kepala desa yang tertangkap akibat penyalahgunaan terhadap pemanfaatan dan pengelolaan dana desa, selain itu lemahnya inspektorat sebagai pengawas dan kurangnya optimalisasi penggunaan E-Governance.

Muadalah Policy as a Formal Recognition Solution for Non-Formal Pesantren Education under Law Number 18 of 2019 Faiqatul Husna; Umlina Mukhlas; Nur Rohim Yunus
JURNAL ILMU SYARIAH Vol 9 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v13i2.22616

This study examines the implementation of Mu’adalah as a formal recognition system for nonformal pesantren education under Law No. 18 of 2019. Traditionally, pesantren provide religious and moral education through informal methods such as halaqah and classical texts (kitab kuning), without standardized curricula or official certification, limiting graduates’ access to higher education and employment. Using a qualitative-descriptive approach, the research analyzes primary legal documents and secondary academic sources. Findings indicate that Mu’adalah formally equates pesantren diplomas with formal education certificates while maintaining their religious and cultural identity. The policy improves social legitimacy, broadens access to higher education and employment, and integrates traditional education with national standards. Implementation challenges include infrastructure and human resource disparities, resistance from traditionalist pesantren, and regional variations. Overall, Mu’adalah offers an innovative framework that bridges nonformal and formal education, supports inclusive human resource development and educational equity, modernizes pesantrens without compromising their historical and religious essence, and provides valuable guidance for policymakers and administrators. Keywords: Pesantren; Muadalah; Formal recognition of education

Legal Politics and Family Resilience from Ibn Khaldun's Perspective: A Study of the Muqaddimah and Its Relevance for Gaza Palestine Muhamad Soleh; Nur Rohim Yunus; Imam Fachruddin
JURNAL ILMU SYARIAH Vol 9 No 2 (2025): Mizan: Journal of Islamic Law
Publisher : Universitas Ibn Khaldun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/mizan.v13i2.22661

The study of legal politics and family resilience is crucial for understanding the social dynamics of a nation, particularly when faced with a crisis. Ibn Khaldun, through his monumental work, al-Muqaddimah, provides an in-depth perspective on the relationship between the state, law, and family resilience within the context of human civilization. In general, his thinking emphasizes the importance of ʿasabiyyah (social solidarity) as the basis for political power and societal resilience. Specifically, this idea can be applied to understanding the contemporary situation in Gaza, where war, poverty, and social trauma have undermined family structures and weakened national resilience. This study aims to examine Ibn Khaldun's legal political thinking, particularly his views on the role of the family in supporting the continuity of the state, and to explore its relevance to the realities of families in Gaza. The method used is a qualitative research approach with a literature review approach, which explores Ibn Khaldun's classical literature and compares it with contemporary academic findings related to the Palestinian situation. The results indicate that the family plays a fundamental role as the last bastion in maintaining the existence of society, especially when the state fails to provide legal and political protection. The social solidarity initiated by Ibnu Khaldun was the key for the Palestinian people to survive colonialism, as well as the basis for building legal politics that sided with the people. Thus, Ibn Khaldun's thoughts are not only relevant in a historical context, but also provide a conceptual framework for solutions to Gaza's resilience today. Keywords: Legal Politics; Family Resilience; Ibn Khaldun; Al-Muqaddimah; Gaza Palestine

Reconstruction of Islamic-Based Marriage Law Politics: A Comparison between Legal Traditions in the Middle East and Southeast Asia Abbas Sofwan Matlail Fajar; Karmawan; Nur Rohim Yunus
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i1.8356

Purpose - This article aims to analyze the reconstruction of Islamic-based marriage law politics through a comparative approach between the legal traditions of the Middle East and Southeast Asia. The study examines how legal politics shapes the codification of family law and the extent to which reconstruction is needed to address the challenges of justice and modernity. Method - This study employs a normative-comparative method, drawing on a legal politics approach and comparative Islamic law. The data are drawn from primary legal materials (marriage laws, Islamic legal compilations, and family regulations in Muslim-majority countries) and secondary legal materials, including academic literature. The analysis is conducted through content analysis and comparison of legal systems. Findings - The findings indicate that legal politics plays a dominant role in shaping Islamic-based marriage regulations. The legal tradition in the Middle East tends to preserve classical fiqh with a high degree of conservatism. In contrast, Southeast Asia is more adaptive through codification and harmonization with national legal systems. A reconstruction of legal politics is necessary to integrate the principles of maqāṣid al-sharīʿah with the demands of universal justice. Research Implications - This study contributes to the development of Islamic legal politics theory and serves as a reference for policymakers in formulating marriage regulations that are responsive to social dynamics. Originality/Value - This study offers a new perspective on the reconstruction of Islamic-based marriage law politics through a cross-regional comparative analysis, a subject rarely examined in depth in contemporary Islamic legal literature.

Legal Analysis of a Foundation's Legal Entity Status under Law Number 28 of 2004: Intersection of Social and Commercial Interests Nur Rohim Yunus; Ahmad Mukri Aji; Syarifah Gustiawati Mukri
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 12 No. 2 (2025): Summer Edition
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v12i1.45691

This study aims to analyse the legal status of foundations by Law No. 28 of 2004 and to examine the legal implications of the misuse of foundation functions between social and business interests. Foundations, as non-profit legal entities, play a strategic role in social and educational activities; however, in practice, there is a potential for the misuse of their functions for business activities that conflict with their social goals. This study employs a qualitative method, combining a literature and legislative approach, which analyses various legal sources and related provisions to explore the legal regulations surrounding foundations, their role in social and business activities, and the legal implications of a foundation deviating from its social goals. The results of the study indicate that although Law No. 28 of 2004 provides a clear legal basis for foundations, the practice of misusing foundation functions for business activities can still occur. Therefore, strict government supervision and adherence to the principles of transparency and accountability are necessary to ensure that foundations continue to operate in accordance with the social goals mandated by law.Keywords: Foundation; legal entity; Law No. 28 of 2004; social activities; business activities; legal implications

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