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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Senarai: Journal of Islamic Heritage and Civilization
Ekawati
Universitas 17 Agustus 1945 Samarinda
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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From Sin To Innovation: Ethical And Legal Reflections On Human Weakness In Islamic Perspective Ekawati; Andi Fika Widuri
Senarai: Journal of Islamic Heritage and Civilization Vol. 2 No. 1 (2025): Islamic Heritage and Civilization
Publisher : Tunas Harapan Ummat Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66236/senarai.2025.2.1.58-76

Abstract

Human imperfection has long been acknowledged in Islamic moral philosophy, yet its constructive potential in shaping legal-ethical innovation remains critically underexplored. This transformative process arises from the self-reflective nature of weakness itself, as the awareness of limitation compels intellectual introspection and moral creativity. Previous studies often treat moral deviation, conceptualized as ma‘ṣiyah (sin), solely as a theological failure rather than a generative moral energy. This study aims to reconceptualize human weakness not as a liability but as a catalyst for ethical and juridical creativity within the Islamic civilizational framework. This paper does not romanticize sin, but situates it within a theological framework of repentance and ethical renewal under divine guidance. Using a qualitative and integrative methodology that combines hermeneutic analysis of classical fiqh and akhlaq manuscripts with normative reflection on contemporary digital ethics, this research develops a multidimensional model bridging theology, ethics, and law, an analytical configuration rarely attempted in previous Islamic scholarship. The findings reveal a transformative dialectic: when moral failure is internalized through repentance (tawbah): when moral failure is internalized through repentance (tawbah) and an ethical form of critical reflection (ijtihād al-nafs), it produces renewed ethical consciousness and legal adaptability (tajdīd) responsive to social transformation. As articulated by al-Ghazālī in Kitāb al-Tawbah, repentance transforms error into a moral awakening that sustains intellectual and civilizational renewal. This paper contributes a new conceptual articulation of how Islamic ethical and legal systems transform human fallibility into a driver of intellectual vitality, digital ethics, and civilizational resilience, offering an alternative epistemological foundation for understanding innovation within Islamic heritage. In doing so, this study offers a dynamic and constructive re-evaluation of human weakness in the context of contemporary digital ethics.
Customary Marriage Registration in Realizing Legal Certainty in Indonesia Dina Paramitha Hefni Putri; Ekawati; Gusti Heliana Safitri
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.6074

Abstract

This study examines the legal issues arising from the unregistered customary marriage, a fundamental issue in the balance between local wisdom and state regulations. On the one hand, customary marriage is an institution that contains socio-cultural values ​​and community identity that have long existed, while on the other hand the informality of the marriage registration raises various legal issues, including unclear legal status, protection of inheritance rights, and access to socio-bureaucratic facilities. The absence of official registration triggers a conflict between positive legal norms and religious and customary values ​​that are still upheld, thus creating a gap in the enforcement of rights and obligations at the local and national levels. In addition, the phenomenon of marriage without official registration also has an impact on vulnerable groups, such as adolescents, who are at risk of experiencing abuse of rights and minimal legal protection. The research method used is normative legal research with a literature approach, considering that the data processed are in the form of laws and regulations and scientific literature. The results of the study indicate that the integration of customary law and positive law through the active role of institutions such as the Office of Religious Affairs and the Population and Civil Registration Service is a strategic step to synergize the two systems, so that it can provide comprehensive legal certainty for the recognition of rights, clarity of marital status, protection of inheritance, and guarantee of access to administrative facilities. Inclusive legal reform and increasing socialization and human resource competence are the keys to reconciling local traditions with modern legal requirements in order to realize social justice and protection of citizen rights).
Co-Authors Andi Fika Widuri Dina Paramitha Hefni Putri Gusti Heliana Safitri