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All Journal Hukum Islam Alauddin Law Development Journal (ALDEV) Mazahibuna: Jurnal Perbandingan Mazhab
Rahmatullah, M. Azam
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Interfaith Marriage from a Legal Justice Perspective After The Supreme Court's (SEMA) 2023 Circular Letter Ahmad Faiz Shobir Alfikri; Rahmatullah, M. Azam
Alauddin Law Development Journal (ALDEV) Vol 6 No 1 (2024): Social Justice Issues in The National and Global Context
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i1.44215

Abstract

Supreme Court Circular Letter No. 2 of 2023 aims to ensure unity and legal certainty in interfaith marriage. This study used normative methodology. The results showed that from a juridical standpoint, it holds legal recognition and binding force under Law 12/2011 and the Supreme Court Law. Sociologically, it aligns with prevailing social realities. Philosophically, its establishment seeks to foster legal unity and certainty. However, its implementation falls short of optimal due to incomplete fulfillment of legal justice aspects, particularly regarding legal certainty per Gustav Radbruch's perspective and requires evaluation through John Rawls' justice principles, particularly concerning equality.
THE LEGAL STATUS OF CHILDREN OUTSIDE MARRIAGE: A COMPARATIVE STUDY OF CIVIL LAW IN INDONESIA AND MALAYSIA Mahendra, Yusril; Izzuddin, Ahmad; Alfikri, Ahmad Faiz Shobir; Rahmatullah, M. Azam
Hukum Islam Vol 24, No 2 (2024): ISLAMIC FAMILY AND ACONOMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v24i2.27669

Abstract

The legal status of children's validity raises conflicts between das sein and das sollen, especially about religious values, children's interests, and legal developments in Indonesia and Malaysia. This research aims to analyze and compare the Decision of the Constitutional Court of the Republic of Indonesia No. 46/PUU-VIII/2010 and the Decision of the Rayuan Sivil Court of Malaysia No. W-01 (A) - 365-09/2016 regarding the legal status of children out of wedlock so that similarities and differences can be identified in terms of legal substance, legal considerations, and legal implications for the protection of the rights of children out of wedlock in Indonesia and Malaysia. The method used in this research is normative legal research with a comparative legal approach. The result of this research is that the validity of the status of children out of wedlock is legally recognized in Indonesia and Malaysia.  The Decision of the Constitutional Court of the Republic of Indonesia No.46/PUU-VIII/2010 explains that children out of wedlock have a civil relationship not only with their mother and mother's family but also with the man who is the father, provided that the relationship can be proven through science and technology or other evidence that is valid according to law. In Malaysia, based on the Rayuan Sivil Court Decision No W-01 (A) - 365-09/2016, children of Muslim couples born out of wedlock can now be attributed to their biological father. Although the two decisions have the same legal substance, the reasons underlying the birth of the two decisions are different. The Constitutional Court of the Republic of Indonesia made social justice, legal certainty, and protection of children's rights as citizens guaranteed by the constitution (UUD 1945) legal considerations. However, the Court of Civil Procedure is oriented towards administrative regulations based on the 1957 BDRA Deed Seksyen 13
The Epistemological Divergence between the Ḥanafī and Shāfiʿī Madhhabs: The Ḥadīth Evaluation and Legal Reasoning on the Discourse of Gendered Fiqh Wahda, Maziya Rahma; Alfikri, Ahmad Faiz Shobir; Rahmatullah, M. Azam
Mazahibuna: Jurnal Perbandingan Mazhab VOLUME 7 ISSUE 2, DECEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/mazahibuna.vi.56757

Abstract

Prayer (ṣalāh) is governed by provisions outlined in the Qur’an and directly exemplified by the Prophet Muhammad (peace be upon him), and therefore must be followed by all Muslims, both men and women. However, there are procedural (kaifiyyah) differences between genders in prayer. This study aims to examine several kaifiyyah differences in prayer between men and women based on the perspectives of the Ḥanafī and Shāfiʿī madhhabs of thought. Utilizing normative or library research through a comparative approach, the analysis focuses on the arguments and methods of legal derivation (istinbāṭ) employed by both madhhabs. The findings indicate that the gender-based differences identified include the positioning of the hands during takbīrat al-iḥrām, the placement of the hands while standing, the posture in rukūʿ (bowing) and sujūd (prostration), the rules governing vocal recitation, and the manner of alerting the imām when an error occurs. Regarding the positioning of the hands during takbīrat al-iḥrām, while standing, and in vocal recitation, the Ḥanafī and Shāfiʿī madhhabs offer differing views. However, they concur on the procedures of rukūʿ, sujūd, and the method of notifying the imām for both men and women. Both madhhabs base the procedural distinctions on preserving a woman’s ʿawrah (parts of the body that must be covered).  The epistemological divergence between the Ḥanafī and Shāfiʿī madhhabs is deeply rooted in their respective methodologies of ḥadīth evaluation and legal reasoning. Academically, this study contributes to the discourse of gendered fiqh by demonstrating how jurisprudential reasoning addresses ritual distinctions between men and women and highlighting the interpretive dynamism within Islamic law.
Co-Authors Ahmad Faiz Shobir Alfikri Ahmad Izzuddin Alfikri, Ahmad Faiz Shobir Mahendra, Yusril Wahda, Maziya Rahma