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The Urgency of Legal Pluralism in Addressing Early Marriage in Indonesia Pertiwi, Endah Mustika; Surya Sukti; Mustar
Medina-te : Jurnal Studi Islam Vol 21 No 1 (2025): Medina-Te: Jurnal Studi Islam
Publisher : Pascasarjana Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/medinate.v21i1.27710

Abstract

Legal pluralism lives in the midst of Indonesian society to this day, this condition is because Indonesian society still upholds customary norms and religious norms. This diversity has an impact on the benchmark for a person's maturity to enter into marriage. Each region has a different interpretation of the age and conditions for marriage. This research aims to see the urgency of legal pluralism to address the phenomenon of early marriage that still occurs due to various aspects of life. This research uses normative juridical method, which is a research method of principles and theories with data obtained from various data in the form of books, journals, documents, and relevant information to support the scientificity of this research. The results of this study are, 1) The high rate of early marriage is caused by hereditary conditions, low education, passive parents, and the influence of the local environment. 2) The urgency of legal pluralism is very important to address this phenomenon, because Indonesia is filled with three pillars of law, custom, religion, and law. In order to reach an agreement, legal pluralism is enforced.
Pendekatan Kontekstual terhadap Al-Qur’an dan Sunnah dalam Menjawab Problematika Sosial di Indonesia Destia Purwaningsih; Maulida Maulida; Nabela Nabela; Surya Sukti; Rafik Patrajaya
Perspektif Administrasi Publik dan hukum Vol. 2 No. 4 (2025): Oktober: Perspektif Administrasi Publik dan hukum
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/perspektif.v2i4.803

Abstract

This study provides an in-depth analysis of the urgency of employing a contextual approach to the Qur’an and Sunnah as a hermeneutical framework for addressing the increasingly complex social problems in Indonesia. Based on the premise that divine revelation encompasses both textual and contextual dimensions, this research underscores the necessity of reinterpreting Islamic teachings by considering the sociocultural, economic, and intellectual transformations of modern society. Utilizing library research and extensive scholarly literature review, the study examines the contributions of the contextual approach in revitalizing maqāṣid al-sharī‘ah, advancing social exegesis, promoting productive zakat models, strengthening child protection policies, developing environmental jurisprudence, and enhancing social ijtihād during crisis situations such as the Covid-19 pandemic. The findings demonstrate that a contextual approach enables Islamic teachings to be articulated into more adaptive, inclusive, and progressive ethical principles without compromising their theological foundations. This approach also reinforces the integration of social sciences into Islamic studies, thereby producing legal formulations and public policies that promote public welfare, social justice, and ecological sustainability. Overall, the study concludes that the contextual approach is not merely a method of interpretation but a civilizational paradigm essential for shaping Islam’s relevance within Indonesia’s multicultural society. By fostering a dialogical encounter between scriptural texts and empirical realities, this approach preserves the vitality of Islamic teachings while ensuring their constructive and sustainable contribution to resolving national issues.
The Integrity of Islamic Politics in the Thoughts of Hasan al-Banna and Sayyid al-Qutb Ainun Asyfia; Assyifa Rahmawati Putri; Wahyuna Wahyuna; Surya Sukti
ALSYS Vol 6 No 3 (2026): ALSYS: Jurnal Keislaman dan Ilmu Pendidikan
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/alsys.v6i3.9485

Abstract

The relationship between Islam and politics has remained a central theme in modern Islamic political discourse, particularly in response to colonialism, secularism, and moral crises in Muslim societies. This study aimed to examine the integrity of Islamic political thought in the perspectives of Hasan al-Banna and Sayyid Qutb and to analyze how both thinkers conceptualized Islamic politics as an integrated system encompassing religion and state. The study employed a qualitative descriptive design with a library research approach, drawing on books, journal articles, and relevant digital sources. The findings indicate that Hasan al-Banna advanced a gradual and reformative approach through education, moral development, and organizational movements, viewing politics as an instrument for achieving social justice and public welfare based on Islamic values. By contrast, Sayyid Qutb adopted a more ideological and transformative perspective, introducing concepts such as hakimiyyah and modern jahiliyyah and advocating the comprehensive implementation of Sharia as the foundation of governance. Despite these differences in emphasis, both thinkers rejected the separation of religion and politics and maintained that Islam provides a comprehensive system regulating all aspects of life. The study concludes that the political thought of Hasan al-Banna and Sayyid Qutb makes an important contribution to contemporary Islamic political discourse by underscoring the significance of moral integrity, social reform, and the integration of religious principles in governance as foundations for justice and societal well-being.
Budaya Hukum Keluarga di Indonesia: Suatu Pendekatan Futuristik Anggi Windiarty; Surya Sukti; Mustar Mustar
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 4 No. 2 (2026): Mei: Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v4i2.2394

Abstract

This article aims to analyze the legal culture of family law in Indonesia using a futuristic approach. The study examines the characteristics of family legal culture within the context of legal pluralism, the influence of social and technological changes on its transformation, and its future projections. This research employs a normative legal method with statutory, conceptual, case, comparative, and historical approaches. The findings indicate that family legal culture in Indonesia is pluralistic, shaped by state law, religious law, and customary law. Technological advancements and globalization have influenced family relations, increased legal awareness, and introduced new digital-based legal practices. In the future, family legal culture is projected to evolve toward a more adaptive, digital, and human rights-oriented system while still maintaining local and religious values. Therefore, harmonization among legal systems and a responsive approach to social dynamics are necessary to ensure the relevance and effectiveness of family law.
ISLAM SEBAGAI SUMBER HUKUM NASIONAL DI INDONESIA Nadila; Surya Sukti; Mustar
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 5 (2026): Jurnal Riset Multidisiplin Edukasi (Mei 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i5.1975

Abstract

The position of Islamic law within Indonesia’s national legal system reflects an unresolved tension between the religious aspirations of society and the construction of a modern rule-of-law state. This study aims to critically examine the position and integration patterns of Islamic law within the national legal framework. Employing a normative legal research method with statutory and conceptual approaches, this study relies on recent scholarly literature. The findings reveal that Islamic law is predominantly positioned as a source of material law rather than as a formal legal system, resulting in a partial and selective integration process heavily influenced by legal-political configurations. Its dominance in family law and Islamic finance indicates a structural limitation that confines Islamic law to the private sphere. This condition suggests that integration remains largely symbolic and instrumental rather than substantive. Furthermore, the existing model of legal pluralism demonstrates a semi-integrative character under state control, thereby limiting the autonomous development of Islamic law. Key challenges include epistemological diversity, political contestation, and the need to align with universal principles such as human rights and democracy. Therefore, a more critical and progressive approach is required to ensure that the integration of Islamic law moves beyond formal recognition toward achieving substantive justice within the national legal system.