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All Journal Jurnal Syntax Imperatif : Jurnal Ilmu Sosial dan Pendidikan Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Usep Saepullah
Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia
Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Development of Ideas on The Reform and Transformation of Islamic Family Law Into Legislation in Islamic Countries Alex Kusmardani; Siah Khosyi’ah; Oyo Sunaryo Mukhlas; Nurrohman Nurrohman; Usep Saepullah
JURNAL SYNTAX IMPERATIF : Jurnal Ilmu Sosial dan Pendidikan Vol. 4 No. 5 (2023): Jurnal Syntax Imperatif: Jurnal Ilmu Sosial dan Pendidikan
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-imperatif.v4i5.296

Abstract

Family Law Reform in Muslim Countries is still a debate in the Muslim World Community because it considers Islamic Family Law and Family Law to have no equality, This article aims to know the renewal and transformation of Family Law in the Islamic world. This research is a literature, with a type of analytical descriptive research, The approach used is interdisciplinary, namely comparative, juridical, philosophical, and historical approaches, while this research source uses primary sources of secondary source Law books such as theses, dissertations, and journal articles, Results of Factors Affecting the Renewal of Islamic Family Law in the World are, Politics, Economics, Social Law, Islamic Law Reform Methods are, Siyasyah al-Shar'iyyah, Takhayyur, Takhsis al-Qhadha, The old theory of Ijtihad, Ijma, Qiyas, Maslahah Mursalah, Sadd' al-Dhari'ah The Reform of Islamic Law in the World is, Polygamy, Inheritance, Marriage Registration and Marriage Agreement The transformation of Islamic Family Law in Indonesia is Law Number 1 of 1974 concerning Marriage, State Sheet Number 1 of 1974, Supplement Number 3019/1974. Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law which became a standard reference for judges in deciding cases. Law of 2002 concerning Child Protection, Law Number 23 of 2004 concerning Domestic Violence, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence and these laws and regulations are in line with Islamic Family Law
Harmonisasi Nilai Agama Dan Hak Asasi Manusia Studi Kasus Kritis Terhadap Wacana Pencatatan Perkawinan Beda Agama Di Indonesia M Yakhsyallah Liddinillah; Usep Saepullah
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 2 (2026)
Publisher : SPT. haria Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i2.1883

Abstract

The debate over the registration of interfaith marriages in Indonesia continues to spark tensions between religious values and human rights guarantees within the constitutional space. This article aims to critically analyze the discourse on interfaith marriage registration by dissecting the boundaries between state administrative authority and the private religious sphere. Using a normative legal research method with statutory and conceptual approaches, this study highlights that current legal policies, particularly through Supreme Court Circular (SEMA) No. 2 of 2023, have created discriminatory administrative barriers to citizens' civil rights. The research findings indicate that overly rigid legal formalism has reduced the state's role from an inclusive facilitator to a determinant of doctrinal truth. As a novelty, this paper proposes the concept of Administrative Inclusivity through a reconstruction of family legal politics that separates civil registration matters from theological validity. This paradigm asserts that the protection of human rights, specifically the right to form a family, must be guaranteed without discrimination based on religious background. In conclusion, the harmonization of religious values and human rights can only be achieved if the state performs its administrative functions neutrally, ensuring that the integrity of a God-fearing state (negara hukum yang berketuhanan) remains aligned with the principles of equality and justice for all citizens.
Co-Authors Alex Kusmardani M Yakhsyallah Liddinillah Mukhlas, Oyo Sunaryo Nurrohman Nurrohman Siah Khosyi’ah