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The Deliberation System in Islamic Politics and Leadership of Islamic Organizations in North Sulawesi Province, Indonesia Nasruddin Yusuf; Abd. Latif Samal; Nurlaila Harun
Khazanah Sosial Vol. 4 No. 1 (2022): Khazanah Sosial Vol 4, No 1 April 2022
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ks.v4i1.17140

Abstract

This research aims to describe and analyze how the deliberation system in Islamic politics and leadership conducted by the Prophet and his caliphs with the system of deliberation in Islamic politics and leadership conducted by Islamic organizations in North Sulawesi Province. This research is descriptive qualitative research. To get the data, the researcher did interviews with several managers from the three Islamic Organizations: the Muhammadiyah, the Nahdlatul Ulama (NU) and the Syarikat Islam (SI). Documentation data is also carried out to find out the annual work program and management activities. The results showed that Islamic organizations such as Muhammadiyah, NU and SI also conducted deliberations. Muhammadiyah holds deliberations every five years and involves regional managers, branches, and sub-branches. Muhammadiyah's political stance is not affiliated with political parties and focuses on the development of people who are knowledgeable and intelligent. Then, the concept of the NU deliberation is also contained in its household article. The NU conducts regional deliberations involving branch managers and sub-branch managers. The Nu's vision and mission is to become a religious and civic organization. The SI also conducts deliberations, namely annual deliberation, and daily deliberation. In its concept and perspective, the SI will further strengthen the organization's commitment through a populist economy and preaching based on the Qur'an and hadith. Thus, there are differences of views and principle related to the deliberation system of the Islamic politics and leadership from the three Islamic organizations even though the legal basis is the same, namely the Qur'an and Hadith.
Reconciling Traditions: The Role of Local Wisdom in Mediating Divorce in Indonesia's Religious Courts Rosdalina Bukido; Sjamsuddin A. K. Antuli; Nurlaila Harun; Nurlaila Isima; Ulin Na'mah
Khazanah Sosial Vol. 6 No. 2 (2024): Khazanah Sosial
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ks.v6i2.32809

Abstract

In response to escalating divorce rates in Indonesia, particularly within its Religious Courts, this study explores the limitations of current mediation practices. It proposes local wisdom-based mediation as an alternative approach. Traditional mediation within these courts often fails to prevent divorces effectively, prompting the need for innovative solutions that integrate cultural insights. This research aims to assess the effectiveness of mediation processes within Indonesia's Religious Courts and investigate the potential role of religious leaders in improving mediation outcomes. Specifically, it highlights how local wisdom can be leveraged to mitigate divorce rates by fostering reconciliation and resolving disputes outside formal legal procedures. Using an empirical approach, researchers collected data by interviewing 50 informants, namely judges, religious leaders, and the government, related to the increasing divorce rate. The findings that can be presented are that religious figures, as locals, can reconcile divorced parties without the need to go to religious courts. The Religious Court is seen as a formal facility to certify the divorce of both parties, but has yet to be able to prevent divorce optimally. That is, the high divorce rate in religious courts requires the involvement of religious leaders in reconciling parties who want to divorce. This study accepts the potential for integrating local wisdom in mediating to reduce divorce rates. With an emphasis on cultural sensitivity and community involvement, this approach aims to go beyond the limitations of conventional legal frameworks and promote more meaningful outcomes in resolving marital conflict.
Eksistensi Peradilan Islam dalam Penyelesaian Perkara Nurlaila Harun
AL HUKMU: Journal of Islamic Law and Economics Vol. 05, No. 1 Maret 2026
Publisher : Institut Islam Mamba'ul 'Ulum Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54090/hukmu.921

Abstract

The judiciary is one of the main pillars of the law enforcement system in Indonesia. In carrying out its primary function as an institution that upholds the law and justice, the courts are required to provide effective, efficient, and transparent services to the public. One crucial aspect of this service is case registration—the initial stage that determines how a case will be processed in court. The Religious Courts are one of the branches of the judiciary in Indonesia that play a vital role in upholding the law and justice for Muslims, particularly in the areas of Islamic family and civil law. In the Indonesian judicial system, case registration is the initial step that determines whether a case can be processed in court. Case registration serves as a formal request from the party seeking justice to resolve a dispute through legal mechanisms.
Legal Protection of Children After Divorce: A Comparative Study of Islamic Law and the Child Protection Act Muhammad Syafiq; Vivit Fitriyanti; Nurlaila Harun; Kurniati Abidin; Muhammad Haikal Tunisi; Surip Stanislaus
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6674

Abstract

This article examines the legal protection of children after divorce through a comparative approach between Islamic law and the Indonesian Child Protection Act. Divorce often has negative consequences for children—psychologically, socially, and economically. Therefore, a legal framework is needed that can guarantee the comprehensive fulfillment of children’s rights, even after the termination of parental marital relations. From the perspective of Islamic law, the principle of child protection is rooted in the objectives of sharia (maqāṣid al-sharī‘ah), particularly in preserving life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and intellect (ḥifẓ al-‘aql). The concepts of ḥaḍānah (custody), the obligation of financial support, and the continuity of emotional roles of parents indicate that Islam places the welfare of the child as a top priority. Meanwhile, Law No. 35 of 2014 guarantees the rights of children after divorce through the principle of the best interest of the child, although its implementation still faces challenges such as weak legal enforcement and lack of supervision in the fulfillment of custody and child support. This article employs a normative-comparative research method and a maqāṣid-based analysis. The findings show the urgency of harmonizing the regulations between the two legal systems to realize a child protection framework that is just, comprehensive, and contextually relevant. The integration of maqāṣid principles into national policy is key to strengthening the child protection system in Indonesia.
Pseudo-Consent in Indonesian Digital Commerce: Reframing Hurriyah at-Ta'aqud through Maqasid Systems Analysis Jamaludin Hasan; Suprijati Sarib; Radlyah Hasan Jan; Nurlaila Harun
Kawanua International Journal of Multicultural Studies Vol 6 No 2 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i2.1874

Abstract

Indonesian e-commerce and fintech increasingly rely on clickwrap terms that convert consent into a procedural “I Agree”, creating pseudo-consent and widening power and information asymmetries. This article reframes hurriyah at-ta'aqud (freedom of contract) by testing whether digital assent satisfies ridha, bayan (clarity), and ikhtiyar (voluntariness) in a plural, multicultural marketplace. Using juridical-normative research and document analysis of standard clauses from Shopee, Tokopedia, and GoPay, the study applies Jasser Auda’s Maqasid Shariah systems approach (cognition, wholeness, openness) to evaluate substantive validity beyond formal compliance. Findings show recurring exoneration clauses that shift system, data, and delivery risks to users, embedding jahalah and gharar and conflicting with la darar (no-harm) and hifz al-mal (protection of wealth). The paper proposes a two-layer validity model procedural legality and maqasid-based fairness supported by indicators for invalidating harmful clauses and redesigning notice-and-choice interfaces. It recommends integrating amanah and shiddiq as enforceable governance standards, strengthening consumer remedies and regulatory oversight in Indonesia’s digital commerce.