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Between Tradition and Sharia: Endogamous Marriage Practices in the Pesantren Community of Bandung Regency from a Contemporary Islamic Legal Perspective Harry Yuniardi; Diah Siti Sa’diah; Aziz Sholeh; Lena Ishelmiany Ziaharah; Christopher Michael Cason
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10624

This study aimed to examine the practice of endogamy in the Pesantren community of Bandung Regency from the perspective of contemporary Islamic law, by highlighting the tension between social traditions and more universal sharia principles. Endogamy, as a practice of marriage between Pesantren residents, is believed to preserve Islamic values, maintain the honour of the nasab, and strengthen internal social networks. This research used a descriptive qualitative approach through field research, supported by quantitative survey data and normative analysis based on the theory of maqāṣid al-syarī'ah, legal sociology, and contemporary reinterpretation of tradition (urf). Data were obtained through questionnaires and in-depth interviews with students, alumni, and Pesantren leaders. The study results showed that most Pesantren residents supported the practice of endogamy for the similarity in values and maintaining the compatibility of couples based on the principle of kafā'ah. However, most respondents also realized this practice was more traditional than religious. On the other hand, the younger generation had a strong tendency to reassess the relevance of endogamy and the concept of kafā'ah in the modern context. This study concludes that the practice of endogamy and the meaning of kafā'ah in the Pesantren community need to be re-reflected through a contemporary Islamic legal approach that emphasizes the principles of justice, benefit, and respect for individual rights. These findings are expected to encourage a transformation of thinking in the Pesantren community towards a more contextual, inclusive, and progressive understanding of Islamic law.

Analisis Konsep Riba dalam Pandangan Fuqaha: Perspektif Filsafat Hukum Ekonomi Syariah Ratnasari, Ai Reni; Nurrohman; Lena Ishelmiany Ziaharah; Adang Sonjaya; Desi Cahya Anggraeni
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 3 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i3.6025

This study aims to examine the economic impact of usury (riba) on Islamic economics and the challenges faced in applying Islamic economic principles in the context of economic globalization. Riba, which is strictly prohibited in Islamic law, is seen as a source of economic injustice that exacerbates social and economic inequalities. The research analyzes how the principles of social justice and balance, which are the foundation of Islamic economics, can offer solutions to the inequality issues caused by the interest-based system. Through a literature analysis and case study approach, it was found that while the application of Islamic economics faces significant challenges in the context of the global capitalist system, the principles embedded in Islamic finance, such as justice, balance, and social sustainability, can provide a more stable and ethical alternative. The findings of this study suggest that Islamic economics has the potential to offer solutions to global economic instability and contribute to more equitable economic sustainability. This research also provides suggestions for future studies on the implementation of Islamic economics in a financial world increasingly influenced by digitalization and financial technologies.

LEGALITAS DAN IMPLEMENTASI PERJANJIAN PRA NIKAH DALAM PERLINDUNGAN HARTA PERKAWINAN MENURUT HUKUM ISLAM Widya Firgina; Riyan Ramdani; Lena Ishelmiany Ziaharah
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2026): Januari
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/501k4e73

Prenuptial agreements are legal instruments used to regulate the status and management of marital assets, particularly amidst the increasing complexity of modern household economies. Despite having a clear normative basis, their legality and implementation still face several obstacles, including a lack of public understanding and disparate interpretations in judicial practice. This study aims to examine the legal basis, validity according to Islamic law, and the implementation of prenuptial agreements in protecting marital assets. The approach used is normative juridical research with a qualitative analysis of laws and regulations, the Compilation of Islamic Law (KHI), fiqh literature, and religious court decisions. The results show that prenuptial agreements have strong legitimacy in positive law through Article 29 of the Marriage Law and Constitutional Court Decision No. 69/PUU-XIII/2015, and are based on sharia through the principles of al-wafā’ bil ‘uqūd and maqāṣid al-syarī‘ah. Their implementation includes regulating the separation of inherited assets, mechanisms for managing joint assets, protecting family assets, and regulating financial responsibility. The challenges that arise relate to social resistance and a lack of unified interpretation among legal authorities. This research's original contribution lies in formulating a harmonized framework between the concept of agreements in Islamic law and Indonesian positive law as a basis for strengthening mechanisms for protecting marital property.

Analisis Konsep Riba dalam Pandangan Fuqaha: Perspektif Filsafat Hukum Ekonomi Syariah Ratnasari, Ai Reni; Nurrohman; Lena Ishelmiany Ziaharah; Adang Sonjaya; Desi Cahya Anggraeni
El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Vol. 6 No. 3 (2025): El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmal.v6i3.6025

This study aims to examine the economic impact of usury (riba) on Islamic economics and the challenges faced in applying Islamic economic principles in the context of economic globalization. Riba, which is strictly prohibited in Islamic law, is seen as a source of economic injustice that exacerbates social and economic inequalities. The research analyzes how the principles of social justice and balance, which are the foundation of Islamic economics, can offer solutions to the inequality issues caused by the interest-based system. Through a literature analysis and case study approach, it was found that while the application of Islamic economics faces significant challenges in the context of the global capitalist system, the principles embedded in Islamic finance, such as justice, balance, and social sustainability, can provide a more stable and ethical alternative. The findings of this study suggest that Islamic economics has the potential to offer solutions to global economic instability and contribute to more equitable economic sustainability. This research also provides suggestions for future studies on the implementation of Islamic economics in a financial world increasingly influenced by digitalization and financial technologies.

Penafsiran Saksi Keluarga dalam Pelanggaran Taklik Talak: Perspektif Rechtsvinding Rahmatika Tasyakurina Dewi Masyitha Sari; Riyan Ramdani; Lena Ishelmiany Ziaharah
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 4 No. 1 (2026): Maret: Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v4i1.2545

The acceptance of family witnesses in divorce cases resulting from violations of taklik talak remains a subject of legal debate within the Indonesian Religious Courts. This debate arises from the normative tension between Article 145 of the Het Herziene Indonesisch Reglement (HIR), which restricts testimony from family members, and the need to uncover material truth in private domestic disputes, particularly in default judgments where the defendant fails to appear before the court. This study aims to analyze the legal basis underlying judges’ considerations in accepting family witnesses in divorce cases caused by violations of taklik talak, using Decision Number 32/Pdt.G/2017/PA.Pkl as a case study. The research employs a normative juridical approach with a descriptive-analytical method. Data were collected through library research and document analysis of relevant court decisions. The analysis links legal facts with procedural law in religious courts, the theory of rechtsvinding, and the concept of substantive justice. The findings indicate that the acceptance of family witnesses can be legally justified based on Article 76 of Law Number 7 of 1989 concerning Religious Courts as a lex specialis provision, the judges’ authority to conduct legal discovery under Law Number 48 of 2009 concerning Judicial Power, and principles of ushul fiqh and fiqhiyyah that support the realization of substantive justice. This study offers a reconstruction of the juridical legitimacy of family witness acceptance through the integration of positive law and Islamic law to strengthen legal certainty in religious court practices.

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