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All Journal Jurnal Ilmiah Al-Syir'ah MAQASHID : Jurnal Hukum Islam
Nur Faizah
Universitas Qomaruddin Gresik
Religion Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Political-Legal Strategies in Regulating Interfaith Marriage: An Analysis of Supreme Court Circular Letter in Indonesia Muhammad Solikhudin; Ahmad Rezy Meidina; Ahmad Zayyadi; Ashima Faidati; Ikhdan Gimas Shufyansyah; Muhammad Fuad Zain; Nur Faizah
Jurnal Ilmiah Al-Syir'ah Vol 22, No 2 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v22i2.3237

Abstract

This article examines the political and legal dimensions underlying the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023, which addresses the issue of interfaith marriages in Indonesia. Through a qualitative approach employing doctrinal and socio-legal analysis, this study explores this policy's legislative intent, judicial implications, and broader societal impacts. The findings reveal that SEMA No. 2 of 2023 represents a strategic political-legal maneuver by the Indonesian judiciary to navigate the tension between religious norms, constitutional rights, and societal pluralism. While the circular aims to harmonize Islamic family law with Indonesia’s pluralistic legal framework, it has also sparked debates regarding its alignment with fundamental human rights principles and practical implications for legal certainty. This study contributes to the discourse on interfaith marriage regulation by offering a critical perspective on how judicial policies reflect and shape the broader political-legal landscape. The article concludes that SEMA No. 2 of 2023 is pivotal in balancing legal pluralism and social harmony and protecting religious and individual rights in Indonesia's dynamic legal system.
REFORMULATION OF LEGAL PROTECTION FOR WOMEN’S RIGHTS FOLLOWING DIVORCE: A Normative Study Nur Faizah
MAQASHID Vol. 9 No. 1 (2026): Mei 2026
Publisher : Malang Prodi. Ahwal Al-Syakhsiyyah, IAI Al-Qolam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/maqashid.v9i1.2726

Abstract

Divorce not only terminates the marital relationship but also generates legal issues concerning the fulfillment of women’s rights, particularly the rights to maintenance, housing, child custody, and economic protection after divorce. Although the legal framework provides various forms of protection for women, its implementation continues to face challenges at both normative and practical levels. This study aims to examine the legal construction of protection for women’s rights after divorce and to formulate a model for reconstructing legal protection that is more responsive to women’s needs and vulnerabilities. This research employs a descriptive-analytical qualitative method with a normative legal approach, combining statutory analysis of the Marriage Law, the Compilation of Islamic Law, Supreme Court Circulars, and Supreme Court Regulations with a review of prior scholarship. The findings indicate that legal protection for women after divorce continues to encounter a gap between normative recognition and the realization of rights in practice, arising from weak enforcement mechanisms, limited access to justice, economic inequality, and insufficient legal literacy among women. In response, this article formulates a model for reconstructing legal protection directed at strengthening enforcement mechanisms—including through cross-agency institutional innovation—simplifying access to justice, and integrating principles of equality and protection for vulnerable groups into family law, so that the protection system moves beyond normative recognition and effectively guarantees the fair and sustainable fulfillment of women’s rights.
Co-Authors Ahmad Rezy Meidina Ahmad Zayyadi, Ahmad Ashima Faidati Ikhdan Gimas Shufyansyah Muhammad Fuad Zain Muhammad Solikhudin