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All Journal JICSA al-Afkar, Journal For Islamic Studies JURNAL PENDIDIKAN TAMBUSAI Qisthosia Jurnal Kajian Islam Interdisipliner Kalosara: Family Law Review Socius: Social Sciences Research Journal International Journal of Islamic Studies Media Hukum Indonesia (MHI) HISABUNA: Jurnal Ilmu Falak Parewa Saraq: Journal of Islamic Law and Fatwa Review Bayan: Jurnal Studi Islam dan Humaniora Journal of Nafaqah Al-Ilmiya: Jurnal Pendidikan Islam
Zulhas’ari Mustafa
Fakultas Syariah Dan Hukum Prodi Ilmu Falak UIN Alauddin Makassar
Religion Arts Humanities Astronomy Civil Engineering, Building, Construction & Architecture Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

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Transformasi Akta Cerai Konvensional Ke Elektronik: Implikasi Terhadap Keadilan Dan Kepastian Hukum Perspektif Maqasid Syariah Muhammad Afif; Kurniati K; Zulhas’ari Mustafa
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 12 (2026): July 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.20734468

Abstract

This research discusses the transformation of divorce certificates from conventional to electronic at the Religious Court and its implications for justice and legal certainty from the perspective of maq??id al-syar?‘ah. This research is a normative legal study with legislative, conceptual, and philosophical approaches. The research results show that the digitization of divorce certificates improves service efficiency, ease of access, and document management. However, this transformation also presents challenges such as the digital divide, low digital literacy, and system security risks. In the perspective of maq??id al-syar?‘ah, digitalization can realize public interest if accompanied by guaranties of justice, equitable access, and protection of the rights of all parties.
Bias Gender Terhadap Posisi Suami dalam Kasus Nusyuz Perselingkuhan Istri di Peradilan Agama Arwinni Eka Putri Ahmad; Kurniati K; Zulhas’ari Mustafa
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 12 (2026): July 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study examines gender bias in the husband's position in cases of nusyuz (conviction of a wife's infidelity) in the Religious Courts. Gender studies in Islamic family law have focused more on protecting women, leaving the husband's position as the injured party in a wife's infidelity rarely explored. The research gap lies in the limited analysis of the unequal considerations of judges regarding husbands' rights in nusyuz cases. The novelty of this study lies in its attempt to present a balanced perspective on gender justice in assessing the positions of husbands and wives based on their respective actions in domestic matters. This study aims to analyze forms of gender bias in Religious Court decisions regarding nusyuz (conviction of a wife's infidelity). The method used is normative legal research with a case-based and conceptual approach through a study of court decisions and Islamic legal literature. The research hypothesis indicates a tendency for decisions to be more oriented toward protecting the wife without proportionally considering the husband's losses. The results confirm that the principle of justice in Islamic law is reciprocal and must be applied proportionally without gender bias that disadvantages either party.
Analisis Maqāṣid Syarī‘ah terhadap Pertimbangan Hakim dalam Putusan Nafkah Anak Pasca Perceraian di Pengadilan Agama: An Analysis of the Maqāṣid al-Sharī‘ah in Relation to Judges' Considerations in Post-Divorce Child Support Rulings in Religious Courts Nur Afifa Maharani; Kurniati; Zulhas’ari Mustafa
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 7 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v7i1.2284

Abstract

This study examines how maqāṣid syarī‘ah are applied in judicial reasoning on child maintenance after divorce and how they support the protection of children's rights. Using the framework of al-kulliyyāt al-khams, namely the preservation of religion, life, intellect, lineage, and property, the study assesses whether religious court decisions place children's welfare at the center of legal consideration. The research uses a normative legal method, drawing on statutory and case law. It compares three decisions: Decision Number 2487/Pdt.G/2024/PA.Mks, Decision Number 1800/Pdt.G/2024/PA.Pas, and Decision Number 147/Pdt.G/2025/PA.Gtlo. The analysis uses content and comparative analysis to examine the five main objectives of Islamic law. The findings show a shift from formal legal reasoning toward substantive justice in child maintenance cases. The dominant maqāṣid dimensions are ḥifẓ al-nafs, ḥifẓ al-‘aql, and ḥifẓ al-nasl. These include protecting children's basic needs, education, psychological well-being, and continued parental responsibility after divorce. Each decision shows a different pattern. Decision No. 2487/Pdt.G/2024/PA.Mks emphasizes psychological protection and the quality of caregiving. Decision No. 1800/Pdt.G/2024/PA.Pas prioritizes education and living needs based on the father's stable income. Decision No. 147/Pdt.G/2025/PA.Gtlo balances children's needs with the father's financial capacity and regional living costs. However, maintenance awards still rely mainly on the father's financial ability rather than on objectively measured child needs. The study recommends measurable child maintenance guidelines based on age, education, healthcare, living costs, and verified parental income.
Dinamika Politik Hukum dalam Peradilan Islam: Tantangan Implementasi Keadilan Substantif di Era Modern Abdul Aziz Anwar; Kurniati Kurniati; Zulhas’ari Mustafa
Media Hukum Indonesia (MHI) Vol 4, No 2 (2026): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21122436

Abstract

The modern era brings new complexities to the world of justice, thus facing new challenges that tend to be positivistic. In this case, substantive justice prioritizes the content and value of truth over the procedures of legal texts. This study aims to analyze and identify challenges in its implementation in the modern era. The form of substantive justice in this study is understood as the judge's effort to penetrate the rigidity of legal texts in order to achieve material truth and real benefits. Using normative legal research methods, the results show that the implementation of substantive justice faces significant challenges in the form of the dominance of judicial bureaucratic standardization, as well as limitations in the integrity and courage of judges' ijtihad. In the digital and globalized era, these challenges are further complicated by the emergence of new disputes that have not been explicitly accommodated in formal regulations. This study concludes that strengthening the intellectual and moral capacity of judges, as well as reorienting legal education beyond text-based to values-based, are key to ensuring that the judiciary produces decisions not only with legal certainty but also decisions that foster a sense of justice in society and protect rights, thus becoming solutions for justice and the benefit of the people.
The Position of Testimony in the Court Evidentiary System: A Juridical-Normative Analysis of Indonesian Law and Islamic Courts Erniawati; Abdul Halim Talli; Zulhas’ari Mustafa; Mohamad Subli
BAYAN: Jurnal Studi Islam dan Humaniora Vol. 2 No. 1 (2026): Januari 2026
Publisher : PT. Nawa Edukasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67864/bayan.v2i1.56

Abstract

Testimony constitutes an essential evidentiary instrument within Indonesian and Islamic judicial systems, yet its application encounters practical complexities. This research aims to analyze the position of testimony in court evidentiary systems through a juridical-normative approach by comparing Indonesian positive law and Islamic law. The method employed is normative juridical with qualitative analysis of legal norms, testimony concepts, and case studies. Research findings indicate that: (1) Testimony regulation in KUHAP adheres to the negative legal system, while Islamic judiciary implements testimony hierarchy based on case types with more rigid standards; (2) Validity requirements for testimony in positive law emphasize procedural-formal aspects, whereas Islamic law applies the principles of 'adalah and dhabt with comprehensive tazkiyah al-syuhud mechanism; (3) The evidentiary position of testimony in Indonesian system is flexible with Constitutional Court Decision No. 65/PUU-VIII/2010 expanding acceptance of testimonium de auditu, while Islamic system applies the principle of "dar'u al-hudud bi al-syubuhat" for maximum prudence. This research concludes that despite different approaches, both systems converge toward justice objectives through mutually complementary mechanisms within Indonesia's legal plurality context.
Judicial Activism Approach of Religious Court Judges in the Perspective of Maqashid al-Shariah Muh. Syahril Sabirin; Kurniati Kurniati; Zulhas’ari Mustafa
al-Afkar, Journal For Islamic Studies Vol. 9 No. 3 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i3.3589

Abstract

This study aims to analyze the application of judicial activism by Religious Court judges from the perspective of maqashid al-shariah and its implications for the realization of substantive justice. This research employs a normative legal method with a library research approach. The data were collected from primary, secondary, and tertiary legal materials, including legislation, court decisions, jurisprudence, books, and relevant scholarly journals. Data were analyzed using a descriptive-qualitative method. The findings indicate that judicial activism provides judges with the opportunity not only to apply written legal norms but also to actively explore and uphold the values of justice that exist within society. This approach is highly relevant to maqashid al-shariah because both are oriented toward promoting public welfare (maslahah), protecting rights, and preventing harm. The implementation of judicial activism is reflected in judicial decisions where judges exercise ex officio authority to protect the rights of vulnerable parties, even when such claims are not explicitly requested in the petition. Consequently, judges are able to realize substantive justice that is more responsive, humane, and oriented toward safeguarding the rights of litigants in accordance with the objectives of Islamic law and the evolving needs of society.
Hakim Pada Masa Turki Usmani A. Endang Sri Rahayu; Zulhas'ari Mustafa; Abdul Halim Talli
Al-Ilmiya: Jurnal Pendidikan Islam Vol. 2 No. 1 (2026): Al-Ilmiya: Jurnal Pendidikan Islam (Juli)
Publisher : Al-Ilmiya: Jurnal Pendidikan Islam

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Abstract

This study aims to examine the position, qualifications, authority, judicial institutions, evidentiary system, and judicial procedures of judges during the Ottoman Empire. The research employs a qualitative method with a historical approach through library research. The data were collected from various sources, including books, scientific journals, articles, and other literature related to the Islamic judicial system during the Ottoman period. The data were analyzed using a descriptive qualitative approach by describing, interpreting, and drawing conclusions from relevant references. The findings reveal that the Ottoman judicial system was organized hierarchically and systematically based on Islamic law, particularly the Hanafi school of jurisprudence. Judges were appointed through strict qualifications, including being Muslim, mature, mentally sound, morally upright, and highly knowledgeable in Islamic jurisprudence. Their authority extended beyond adjudicating civil, criminal, and family disputes to include administrative responsibilities such as supervising waqf properties, guardianship, and the validation of legal transactions. The evidentiary system relied on witness testimony, confession, oath, written documents, and judicial knowledge, while court proceedings were conducted openly and officially recorded in the sicill registers. Therefore, the Ottoman judicial system represents one of the most well-organized and accountable models of Islamic judiciary, making a significant contribution to the development of Islamic legal history.
Co-Authors A. Endang Sri Rahayu Abd. Rahim Abdul Aziz Anwar Abdul Halim Talli Ahmad Rizky Ilyas andi mola waliada patodongi Arwinni Eka Putri Ahmad Eka Mahendra Putra Erniawati Halima B Herniwati Herniwati Kurniati Kurniati K Mohamad Subli Muammar Bakry Muh. Syahril Sabirin Muhammad Afif Muhammad Rasywan Syarif Muhammad Saleh Ridwan Mulham Jaki Asti Nur Afifa Maharani Nur Ainun Mardiah Nur Syakia Anna Faura Nurul Resky Ridhayanti Panji Anugrah Rahma Amir Rifaldi Rifaldi Rikawati Rikawati Syatar, Abdul