Muhammad Syakir Al kautsar
Institut Agama Islam Negeri Sultan Amai Gorontalo, Indonesia

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Justice Brokers: Examining Women’s Rights in the Polygamy Process in Gorontalo City Muhammad Syakir Al Kautsar; Ajub Ishak; Nurul Mahmudah; Elfa Murdiana
Sakina: Journal of Family Studies Vol. 10 No. 1 (2026): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v10i1.23791

Abstract

The protection of women’s rights in the process of polygamy in Gorontalo City is a crucial issue that requires careful examination to emphasize the fundamental objectives of Islamic law. Legal protection represents an important manifestation of Islamic law’s goals in realizing justice, public welfare, and the protection of individual rights, particularly those of women. In this context, attention is directed to the preventive role of the Religious Court as well as the potential negligence of justice intermediaries (justice brokers) in prioritizing the protection of women’s rights, which can be analyzed through the perspective of maqāṣid al-sharī‘ah. Using the maqāṣid al-sharī‘ah framework, this study evaluates whether polygamous practices in Gorontalo City fulfill the objectives of Islamic law, including the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that several challenges remain in both regulatory structures and practical implementation, particularly regarding weak verification mechanisms, unequal power relations within families, and the limited role of justice brokers in ensuring that women’s rights are fully considered during the legal process. From the perspective of justice theory proposed by John Rawls, the protection of women’s rights requires fairness in access to information and equal bargaining positions in decision-making. When the first wife lacks adequate information or experiences pressure to consent to polygamy, the process fails to meet the principle of justice as fairness. Therefore, strengthening the role of the Religious Court, improving oversight of justice brokers, and ensuring transparency in legal information are essential steps toward protecting women’s rights and achieving justice in polygamous practices.
The Impact of Online Loan Traps (P2P Lending Fintech) on Divorce Rates: A Maqashid al-Sharia Approach to Protecting Family Economic Resilience Muhammad Syakir Al Kautsar; Nurul Mahmudah; Muhammad Rifqi Hidayat
Journal of Islamic Digital Economic and Finance Vol. 2 No. 01 (2026): Journal of Islamic Digital Economic and Finance (JIDEF)
Publisher : Nuban Jagadhita Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2711/jidef.v2i01.585

Abstract

Objective: This study aims to analyze the relationship between online loan debt, household economic stress, and vulnerability to divorce from the perspective of maqashid syariah. It seeks to explain how the rapid expansion of digital lending services influences family economic resilience and social well-being within the framework of Islamic economics. Method: This study employs a descriptive qualitative approach based on a literature review using content analysis. Data were sourced from regulations, national statistical reports, academic articles, fatwas, and court rulings published online. The analysis was conducted by identifying patterns of argumentation, empirical trends, and conceptual relationships between the development of P2P lending fintech, family economic dynamics, and economic factors contributing to divorce. Relevant literature was further examined through the lens of contemporary maqashid syariah to understand the broader social implications of digital financial practices. Results: The study indicates that ease of access, fast disbursement processes, and low administrative barriers encourage repeated use of digital loans, particularly among households with unstable incomes and limited financial literacy. This pattern has the potential to trigger debt accumulation, financial pressure, psychological stress, a decline in the quality of communication between partners, and an increase in domestic conflict, all of which are associated with heightened vulnerability to divorce. The findings also suggest that excessive dependence on online borrowing may weaken household financial sustainability and undermine long-term family stability. Implication: This study underscores the importance of consumer protection policies that not only focus on cost transparency and data security but also include assessments of repayment capacity, strengthened financial literacy, responsible lending practices, and measures to safeguard family economic resilience. Novelty: This study integrates P2P lending fintech research with studies on family resilience through the lens of Jasser Auda’s contemporary maqashid syariah systems perspective. This study expands the discourse on Islamic economics by positioning the protection of wealth (hifz al-mal) and the protection of family/progeny (hifz al-nasl) as a unified systemic framework for assessing the impact of digital financial innovations.