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All Journal JURNAL RECHTENS Journal of Law and Policy Transformation SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Jurnal Locus Penelitian dan Pengabdian ISTIFHAM Urwatul Wutsqo : Jurnal Studi Kependidikan dan Keislaman
Moh. Muhibbin
Universitas Islam Malang, Indonesia
Religion Aerospace Engineering Humanities Automotive Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Madurese Society's Rejection of the Heredity of Children of Adultery in the Context of Marriage from the Perspective of Islamic Legal Anthropology Syahrullah Asyhari; Moh. Muhibbin; Shofiatul Jannah
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 2 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i2.2431

Abstract

One of the strong beliefs among the Madurese community is the inevitability that the child of adultery will inherit the habits of the biological father who committed adultery. This study is called the heredity of the child of adultery. This view is rooted in a tradition that directly links the nature and character of children with heredity. This study uses an empirical legal method with a legal anthropology approach to examine in depth the practice of Madurese rejection of children resulting from adultery (children of adultery). Primary legal materials were obtained from observations and interviews with the Banyubunih Village community. Secondary legal materials were obtained from concepts relevant to the issues in the study. The results of this study identified that the Banyubunih community considers heredity as a very influential factor in determining the nature, character, and behavior of individuals, especially in children of adultery. This belief is based on the principles of biological determinism and hereditary essentialism, which argue that negative traits and deviant behavior are inherited through the "dirty blood" of parents. As a result, children born from extramarital relationships are placed in the lowest social position, without the opportunity to demonstrate their morals and behavior independently
Preventive Health and Islamic Family Values: The Role of Tetanus Toxoid Vaccine Immunization in Promoting Sakinah Families Iffa Dilla; Moh. Muhibbin; Dzulfikar Rodafi
Urwatul Wutsqo: Jurnal Studi Kependidikan dan Keislaman Vol. 14 No. 3 (2025): Sociocultural Islamic Education
Publisher : Lembaga Penelitian, Penerbitan dan Pengabdian Masyarakat (LP3M) IAI Al Urwatul Wutsqo - Jombang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54437/urwatulwutsqo.v14i3.2575

Abstract

A harmonious family is a family that can maintain peace and is based on love (mawaddah) and affection (rahmah). One of the main purposes of marriage is to continue the lineage, maintain human dignity, and foster a quality generation. Tetanus toxoid (TT) vaccine immunization injections for prospective brides play an important role in maintaining the health of the mother and fetus from tetanus infection, which can cause disability and even death. Indirectly, tetanus toxoid vaccine immunization injections sociologically have an important correlation in forming a harmonious family. A harmonious family is not formed automatically, but is the result of various interrelated factors that are continuously maintained. The combination of religious values, psychosocial stability, health, economy, and social support greatly determines the success of forming a harmonious, loving, and compassionate family. This study uses a quantitative approach with a mixed methods method, namely a combination of numerical data analysis and qualitative exploration, in order to obtain a more comprehensive understanding of the phenomenon being studied. The main focus of this study is to examine the relationship between the implementation of TT vaccination injections and the formation of a harmonious family, accompanied by interviews and observations to explore the supporting factors that influence this correlation
PROTECTION OF LINEAGE (HIFZ AL-NASL) IN DETERMINING THE LEGAL PARENTAGE OF CHILDREN BORN OUT OF WEDLOCK: A NORMATIVE ANALYSIS AND JUDICIAL PRACTICE OF THE PRINGSEWU RELIGIOUS COURT Muhammad Aqwam Thariq; Moh. Muhibbin; Nofi Sri Utami
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7329

Abstract

Focused on the Islamic principle of hifz al-nasl, this study has a dual aim: first, to analyze the framework for establishing the legal parentage of children born out of wedlock, and second, to scrutinize related judicial practices at the Pringsewu Religious Court. The research applies a normative juridical method, utilizing statutory, conceptual, and case study approaches to examine laws, the Compilation of Islamic Law, and court decisions. Analysis is conducted through grammatical and systematic interpretation. According to the study, judicial practice at the Pringsewu Religious Court involves two distinct methods for establishing parental lineage. The first, a normative-preventive method, ties the child's legal status directly to the lawful nature of the parents' marriage, effectively preventing children born from invalid unions from being recognized as legitimate. In contrast, the normative–progressive approach grants legal protection by affirming the child’s biological parentage, ensuring legal certainty, identity, and safeguarding the child’s rights. This practice is concretely reflected in Case Number 57/Pdt.P/2024/PA.Prw and Case Number 28/Pdt.P/2025/PA.Prw, and demonstrates the court's effort to balance the enforcement of Islamic family law norms with child protection in accordance with the principles of maqasid shariah, specifically ḥifẓ al-nasl.
Underage Marriage Society 5.0 Perspective of Madzhab Syafi'i Fiqh and Marriage Law in Indonesia Anwar Harianto; Moh. Muhibbin; Budi Parmono
Jurnal Locus Penelitian dan Pengabdian Vol. 5 No. 5 (2026): JURNAL LOCUS: Penelitian dan Pengabdian
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/locus.v5i5.5601

Abstract

Legal marriage is an absolute obligation according to Islamic teaching. However, these noble intentions often do not meet expectations if the husband and wife, or one of the partners, does not yet possess both physical and mental maturity. This unpreparedness can occur when someone marries while underage a phenomenon increasingly linked to the intensive use of gadgets by children in the Society 5.0 era. This research aims to determine the ruling on underage marriage in Society 5.0 according to the Shafi'i madhhab, as well as its relevance to Indonesian Marriage Law. The method used was normative legal research (library research), with primary materials drawn from the fiqh books of the Shafi'i school and Law No. 16 of 2019. The results show that underage marriage in Society 5.0 is considered valid (permissible) by the Shafi'i school, provided that a girl has reached the age of 15 or shows signs of puberty (menstruation or armpit hair growth), and for boys, the onset of wet dreams. The connection between the Shafi'i school and the Marriage Law lies in the age limit: the Shafi'i school sets the minimum age at 15 years, while the Marriage Law sets it at 19 years. Both regulations serve as legal justification for marriage dispensation. The conclusion is that underage marriage according to the Shafi'i school is valid by prioritizing maslahah, and the correlation between the two legal systems can be used to address cases of underage marriage in Society 5.0.
Peran Peran Kepolisian Dalam Penyelesaian Konflik Antar Pencak Silat Melalui Restorative Justice di Kecamatan Patrang Kabupaten Jember Oeny Angga Mahendra; Diyan Isnaeni; Moh. Muhibbin
JURNAL RECHTENS Vol. 14 No. 2 (2025): Desember
Publisher : Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/rechtens.v14i2.4761

Abstract

Communal violence involving martial arts schools has become a recurrent issue that threatens local social stability. This study examines the role of the police in resolving conflicts between martial arts schools through a Restorative Justice (RJ) approach in Patrang District, Jember Regency, and identifies the factors influencing the effectiveness of its implementation. Using an empirical juridical research method, data were collected through document analysis (LPM, SP.Gas, SP.Lidik, and Mediation Reports) and interviews with police investigators and leaders of martial arts organizations. The findings reveal that the police perform multiple roles, including pre-emptive and preventive measures, the facilitation of penal mediation, and the application of proportional repressive actions based on legal discretion under Police Regulation No. 8 of 2021. The effectiveness of RJ is shaped by three key factors: procedural validity, social legitimacy of the police and willingness of conflicting groups to reconcile, and institutional support from the Jember Martial Arts Communication Forum (FKPJ) as a multiparty dialogue platform. Although RJ successfully suppresses escalation and prevents retaliation, its implementation faces challenges such as personnel limitations, internal group dynamics, and maintaining neutrality.
The Effectiveness of Advocacy for Domestic Violence Victims from the Perspective of Maqasid al-Shari'ah Yeni Kartikaningsih; Sachrawi Hidayat; Moh. Muhibbin; Nur Hasan; Mohammad Jindan Alfayed Dewa Filhaq
ISTIFHAM Vol 4 No 1 (2026)
Publisher : Seutia Hukamaa Cendekia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71039/istifham.v4i1.170

Abstract

Domestic violence is a serious violation of human rights that requires an institutional response beyond just legal measures. The Population, Family Planning, and Women's Empowerment Agency (BKKBPP) of Malang City plays a strategic, legally mandated role in providing integrated support to victims of domestic violence through legal aid, psychological counseling, medical assistance, and mediation. This research evaluates how effective BKKBPP's advocacy is in protecting and empowering victims and assesses its consistency with Maqasid al-Shari'ah's normative goals. Using a normative-empirical juridical approach based on primary field data and Islamic family law literature, the study reveals that BKKBPP's advocacy functions across three interconnected areas: legal (both litigative and non-litigative), psychosocial (trauma counseling and rehabilitation), and social mediation. Results show that when these areas operate collaboratively and focus on victims, the agency's efforts significantly improve victims' safety, mental health, and social reintegration. Challenges include victims' reluctance to report, limited resources, scheduling conflicts, and the diversity of victim profiles. From the perspective of Maqasid al-Shari'ah, BKKBPP's advocacy supports core Islamic legal goals such as protecting life (hifz al-nafs), intellect (hifz al-'aql), progeny (hifz al-nasl), and dignity. This study adds to the literature by illustrating that institutional advocacy aligned with Maqasid al-Shari'ah is both Jurisprudentially sound and practically vital for fully protecting victims of domestic violence in a Muslim society.
Criminal Law Policy Expires on Criminal Acts of Corruption Achmad Eka Yougi Ardata; Moh. Muhibbin; Budi Parmono
Journal of Law and Policy Transformation Vol 10 No 1 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i1.10389

Abstract

This research is motivated by the increasing number of cases of criminal acts of corruption in Indonesia. One of the reasons behind this is the implementation of the statute of limitations, so that many corruptors remove traces of not taking responsibility for the criminal acts they have committed. The aim of this research is to determine and analyze criminal law regulations and policies regarding the statute of limitations in criminal acts of corruption. This research uses normative juridical methods. The results of this research are that the statute of limitations for criminal acts of corruption has not been specifically regulated in the Law on the Eradication of Corruption Crimes. So that in its implementation it is based on 2 regulations with provisions, namely a minimum state loss of IDR 1,000,000,000. Article 40 of Law Number 19 of 2019 applies, namely an expiry period of 2 (two) years. Meanwhile, losses resulting from criminal acts of corruption are below IDR 1,000,000,000, Article 78 of the Criminal Code applies, based on the Corruption Eradication Law, which states that the criminal threat consists of a minimum imprisonment of one years and a maximuam of twenty years, as well as life imprisonment, then the applicable expiry times are six years, twelve years and eighteen years. Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.Therefore, a new legal instrument is required to ensure legal certainty by specifically regulating expiration periods for corruption crimes. Furthermore, the loss of criminal liability due to expired provisions undermines justice and disadvantages both the state and society, which suffer losses from such acts.
Co-Authors Achmad Eka Yougi Ardata Anwar Harianto Budi Parmono Diyan Isnaeni Dzulfikar Rodafi Iffa Dilla Mohammad Jindan Alfayed Dewa Filhaq Muhammad Aqwam Thariq Nofi Sri Utami Nur Hasan Oeny Angga Mahendra Sachrawi Hidayat Shofiatul Jannah Syahrullah Asyhari Yeni Kartikaningsih