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Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.
Negotiating Islamic Inheritance and Legal Ethics in Interfaith Families: Evidence from North Sulawesi, Indonesia Bilalu, Naskur; Imamuddin
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 2 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/ah13ku

Abstract

Inheritance distribution in interfaith families poses significant ethical and legal challenges within Islamic law, particularly in pluralistic societies. This study examines how interfaith families in North Sulawesi, Indonesia, negotiate Islamic inheritance norms amid religious diversity and social realities. Employing qualitative field research, data were collected through in-depth interviews with members of interfaith families across several districts and cities in North Sulawesi. The findings reveal two dominant patterns of inheritance practice: collective utilization of inherited property without formal division and equal distribution among heirs regardless of religious affiliation. Although these practices diverge from classical Islamic inheritance rules that prohibit mutual inheritance between Muslims and non-Muslims, they are ethically motivated by the pursuit of family harmony, social cohesion, and conflict prevention. This study argues that such practices represent a form of ethical negotiation within Islamic law, reflecting principles of legal ethics, maqāṣid al-sharī‘ah, and legal pluralism rather than legal deviation. By situating local inheritance practices within broader debates on Islamic legal ethics and tolerance, this article contributes to contemporary discussions on how Islamic law responds to interfaith family realities in multicultural societies.