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Social Institutions and State Policy in Indonesia’s Interfaith Marriage Regulation Resty, Marhalisa Eka; Fithriyyah, Mustiqowati Ummul
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8641

Abstract

This study situates interfaith marriage within the broader context of Indonesia's plural society and the increasing use of alternative legal mechanisms to analyze negotiations among social institutions, state law, and religious law. The objective is to identify points of convergence and normative conflict in regulating interfaith marriage and to assess their implications for legal certainty and citizens' rights. The research applies a normative legal method grounded in legal pluralism, based on doctrinal analysis of statutory regulations, Constitutional Court decisions, Supreme Court Circular Letter Number 2 of 2023, and the Compilation of Islamic Law. The findings show that normative tension stems from differing interpretations of Article 2 of the 1974 Marriage Law and the prohibition of interfaith marriage under positive Islamic law, reinforced by judicial policy and administrative barriers to registration. These conditions create socio-religious pressure and encourage strategies such as marrying abroad or exploiting procedural loopholes. The study concludes that interfaith marriage exists within a legal gray zone shaped by power relations among the state, religious authorities, and social actors, highlighting the need for inclusive reform, legal harmonization, and responsive public services within Indonesia's plural legal system.
Demokrasi Semu: Politik Pencitraan dalam Bingkai Islam dan Implikasi Terhadap Good Governance Fithriyyah, Mustiqowati Ummul; Astuti, Atika Windi; Umam, Muhammad Saiful; Wahyu Ningsih, Risma Lutfia
POLITEA Vol 4, No 1 (2021): Politea : Jurnal Pemikiran Politik Islam
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/politea.v4i1.9713

Abstract

 PSEUDO DEMOCRACY: POLITICAL IMAGING WITHIN ISLAMIC FRAMEWORK AND IMPLICATIONS FOR GOOD GOVERNANCEIndonesia, as a Muslim-majority country, weaponizes Islam in politics to win over the voices of Muslims in the country. This method is not allowed to be implemented in Indonesia which adheres to a democratic system. Principally, political imaging is carried out in order to influence society by instilling opinions. Regardless of the purpose of imaging, gaining public trust is way more important rather than just having a good image. Public trust is gained through the credibility of the candidates. The said credibility is achieved when the candidates act in a way that is in line with what they said or promised. Candidates can apply political imagery through good governance to gain public trust without having to accentuate the image of the politicization of Islam. This article aims to see how political imaging should be carried out from an Islamic perspective. The method used to study the problems is qualitative. The result of this study shows that the plurality that exists in Indonesia requires special attention from the government to manage the political religions which can create controversy between religious communities. In order to build an essential democracy in Indonesia and avoid the presence of political power of religious identity in the political arena, every candidate must avoid identity involvement in the electoral arena as a way of avoiding the awakening of identity and its sentiment that occurs in Indonesia.
Kiai sebagai Kekuatan Politik dalam Pemilihan Presiden 2019 di Jawa Timur Mukari, Mukari; Muharam, Moch Mubarok; Fithriyyah, Mustiqowati Ummul
POLITEA Vol 5, No 1 (2022): Politea : Jurnal Pemikiran Politik Islam
Publisher : State Islamic Institute of Kudus (IAIN Kudus)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/politea.v5i1.12671

Abstract

This study aims to analyze the political power of the kiai in the 2019 Presidential Election in East Java Province, Indonesia. The research method we use is a qualitative method with a case study type. Data collection techniques were carried out through in-depth interviews to obtain primary data and literature review through books and journals. How the power and actions of kiai in the 2019 presidential election are the focus of this journal research. The theory of political elites from Vilvredo Pareto and Gaetano Mosca becomes the basis for the analysis of this journal. The results of this study see that the kiai have succeeded in winning the pair Joko Widodo (Jokowi) and Ma'ruf Amin in the 2019 presidential election and can minimize the existence of identity politics in East Java. This study concludes that this success is due to the existence of the kiai as an elite in society. With moral integrity, the depth of religious knowledge and concern for the problems that exist in society become a separate political force for the kiai.
Redefinition of Religious Nation-state; Tracing Textual Doctrine and its Impact on Religious Violence in Indonesia Fithriyyah, Mustiqowati Ummul; Umam, Muhammad Saiful; Astuti, Atika Windi; Alkadafi, Muammar
ADDIN Vol 15, No 1 (2021): ADDIN
Publisher : LPPM IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/addin.v15i1.9719

Abstract

This paper elaborates on the roots of textual indoctrination in religious violence. This study is important to redefine the concept of religious nation-state in order to avoid the distortion of religious texts’ understanding that can lead to religious violence. This research uses a literature approach. The results of this study state that 1) religious violence is divided into three, namely: internal violence of religious communities, violence between religions and forces outside of religion such as power regimes, and violence between religious communities, 2) Interpretation of religious texts are often obscured by people who want to use it as a tool to legalize violent acts. The deconstruction of the verses of the Quran against the justification of radicalism is often associated with verses describing warfare, identified with the meaning of jihad in the Way of Allah, which is contained in At-Taubat verse: 24, Al-Hajj verse: 78, Al-Mumtahanah verse: 1, Al-Ankabut verse: 6. Whereas in term of warfare stated in the Al-Baqarah verse: 190, it is clear that the only war that is permitted is only for the purpose of defense, not for offense so let alone to take innocent victims, 3) Interpretation of the meaning of truth often triggers the justification of religious violence. This is because every religion has its own scriptural doctrines which lead their believers into the belief that their religion is the most correct one. However, we must not force other believers into believing what we believe as the truth.
Gender Inequality in Khulʿ and Judicial Divorce: Feminist Islamic Family Law in Indonesia Mayang Nurfatia; Mustiqowati Ummul Fithriyyah
MUWAZAH : jurnal kajian gender Vol 18 No 1 (2026)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/7tcrxd11

Abstract

This article examines gender inequality in women-initiated divorce under Indonesian Islamic family law, focusing on khulʿ and judicial divorce (cerai gugat). The study aims to clarify how legal doctrine, court procedure, compensation rules, evidentiary burdens, social stigma, and post-divorce enforcement shape women’s access to marital dissolution within contemporary Indonesian courts and communities. Previous studies have discussed divorce procedures, patriarchal norms, and women’s vulnerability after divorce, but few have integrated classical fiqh, Indonesian legal doctrine, Islamic feminist theory, and local dispute-resolution practices into one coherent analytical framework. Using normative-philosophical library research and feminist legal analysis, the study analyzes Qur’anic divorce principles, classical fiqh texts, Indonesian family-law instruments, and contemporary scholarly literature. The findings show that inequality appears through five interrelated indicators: access to legal mechanisms, autonomy in decision-making, proportionality of procedural and financial burdens, protection from harm, and enforceability of post-divorce rights. The article argues that a gender-just reading should distinguish divine ethical principles from historically situated fiqh formulations, interpret khulʿ compensation through maʿrūf and iḥsān, and strengthen women’s legal agency through gender-sensitive adjudication, legal literacy, and community support. Its contribution is a feminist-Islamic evaluative model for legal interpretation, judicial practice, policy intervention, and future empirical research in Indonesian Islamic family law.