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Ridwan, M Sulaiman
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Law, Crime, Criminology & Criminal Justice

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Analisis Hukum Islam terhadap Praktik Nikah Siri di Indonesia: Studi Kritis atas Aspek Legalitas, Perlindungan Hak Perempuan, dan Dampaknya terhadap Tatanan Sosial Simbolon, Muhammad Iran; Ridwan, M Sulaiman
Journal of Legal Sustainability Vol. 2 No. 1 (2025): Maret 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i1.239

Abstract

This study aims to: (1) assess the legality of nikah siri—unregistered marriages—under classical Islamic jurisprudence (fiqh) and Indonesian statutory law; (2) determine the extent to which women’s rights are protected or neglected; and (3) analyze the practice’s impact on the social order, particularly children’s legal status, family structure, and public perceptions of legal authority. The research adopts a qualitative design with a normative-empirical legal approach. Primary data were gathered through a literature review (covering the four Sunni schools of fiqh, fatwas of the Indonesian Council of Ulama, the Indonesian Marriage Law No. 1/1974 as amended by Law 16/2019, the Compilation of Islamic Law, and Supreme Court decisions) and in-depth interviews with 20 women who had experienced nikah siri in the provinces of Riau, West Java, and West Nusa Tenggara. Data were analyzed using the maqāṣid al-sharīʿah framework to evaluate public welfare (maṣlaḥah) and feminist-legal theory to map gender vulnerabilities. Source and method triangulation ensured data validity. Findings indicate that, although nikah siri is deemed valid in fiqh when all pillars and conditions of marriage are met, the lack of official registration creates legal uncertainty for wives and children in matters of inheritance, maintenance, and civil administration. Field evidence confirms significant social risks, including stigmatization, restricted access to public services, and the economic marginalization of women. The study recommends harmonizing state and Islamic law by mandating marriage registration—grounded in the protective principles of ḥifẓ al-nafs (safeguarding life) and ḥifẓ al-nasl (safeguarding lineage)—and strengthening community education to realize the objectives of Sharia and substantive justice.
Perlindungan Anak dalam Perspektif Hukum Islam: Tinjauan atas Hak dan Kewajiban Orang Tua Rafiqah, Lailan; Simbolon, Parlindungan; Ridwan, M Sulaiman
Journal of Legal Sustainability Vol. 2 No. 2 (2025): Juni 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i2.240

Abstract

This study aims to analyze the concept of child protection from the perspective of Islamic law, with a focus on the rights and responsibilities of parents toward their children. Child protection is a fundamental aspect in Islam, encompassing the fulfillment of physical, emotional, and educational needs, as well as protection from violence and neglect. The method used in this study is a qualitative approach through library research, analyzing verses from the Qur’an, the sayings of the Prophet (hadith), and the views of classical and contemporary scholars related to children's rights and parental responsibilities. The results of the study show that Islam places great emphasis on child protection as a trust that must be safeguarded. Children's rights in Islam include the right to life, the right to a clear lineage, the right to education, affection, financial support, and protection from physical and psychological abuse. Parents have both moral and religious obligations to ensure these rights are fulfilled. This study recommends strengthening the role of the family as the foundation of child protection within the framework of Islamic values, as well as fostering synergy between sharia principles and the positive legal system in order to establish a holistic and sustainable protection system for children.
Hukum Islam terhadap Transaksi Digital: Studi tentang Jual Beli Online dalam Perspektif Fiqh Muamalah Ridwan, M Sulaiman; Winario, Mohd; Kamalin, Muhammad
Journal of Legal Sustainability Vol. 2 No. 2 (2025): Juni 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i2.241

Abstract

The rapid development of information technology has driven a transformation in buying and selling practices, particularly through digital platforms or online transactions. This study aims to analyze the legal aspects of online transactions from the perspective of fiqh muamalah and to identify the valid conditions for digital transactions according to Islamic principles. The study also examines the compatibility of online buying and selling practices with the core principles of muamalah, such as honesty, clarity of contract, and the absence of gharar (uncertainty) and maysir (speculation). The research method employed is a qualitative-descriptive approach using library research techniques, analyzing classical and contemporary fiqh literature, scholars' fatwas, and regulations related to digital transactions. The data is analyzed normatively through the approach of usul fiqh to assess the legality of digital transactions from an Islamic legal perspective. The findings indicate that, in general, online buying and selling is permissible in Islam as long as it fulfills the essential elements and conditions of a contract, namely the presence of clearly identified seller and buyer, lawful and well-defined objects of transaction, and a valid offer and acceptance (ijab and qabul), even in digital form. However, online transactions are also vulnerable to violations of muamalah ethics, such as fraud, gharar, and delivery delays, thus requiring supervision and a better understanding of Islamic commercial law by both business actors and Muslim consumers. Therefore, education in contemporary fiqh muamalah is crucial to support digital transactions based on sharia principles.
Co-Authors Kamalin, Muhammad Mohd. Winario Rafiqah, Lailan Simbolon, Muhammad Iran Simbolon, Parlindungan