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Analysis of Marriage Legalization Decisions at the Bulukumba Religious Court from a Progressive Law Perspective Jamin, Awaluddin; Muhammad Saleh Ridwan; Asni, Asni; Imran Anwar Kuba; Rian Hidayat
PESHUM : Jurnal Pendidikan, Sosial dan Humaniora Vol. 4 No. 5: Agustus 2025
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/peshum.v4i5.10038

Abstract

This study aims to analyze the judge’s considerations in marriage legalization (isbat nikah) cases in the Bulukumba Religious Court from the perspective of progressive legal theory. It employs field research using statutory, sociological, and legal anthropological approaches to understand the dynamics of legal reasoning within the context of social reality and substantive justice. The findings indicate that in deciding marriage legalization cases, judges refer to Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (Presidential Instruction Number 1 of 1991), by assessing the validity of the marriage pillars and conditions, as well as their conformity with both Islamic and positive law provisions. Analysis of Decision No. 315/Pdt.P/2023/PA.Blk and No. 297/Pdt.P/2023/PA.Blk reveals that judges have taken into account the values of justice in the spirit of progressive law, which views law as a means of social transformation for the benefit of society. Progressive law is understood as a dynamic legal concept that prioritizes substantive justice and responds to the legal needs of society to achieve legal certainty while protecting citizens’ rights.
Implementasi Kaidah al-Ḍarar Yuzāl dalam Penyelesaian Masalah Ekonomi Digital Perspektif Maqāṣid al-Syarī‘ah Abd. Rahman; Abdul Aziz Anwar; Imran Anwar Kuba; Achmad Musyahid
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10203

Abstract

The development of the Sharia digital economy in Indonesia provides ease of transactions, but it also gives rise to new risks, such as ambiguity in electronic contracts, exploitation of personal data, digital consumptive behavior, and weak consumer protection. Although previous studies have focused more on the formal legality of Sharia transactions, studies on the implementation of the principle of al-ḍarar yuzāl in preventing social and economic harm in the digital space remain limited. This study aims to analyze the relevance and implementation of the principle of al-ḍarar yuzāl in the Sharia digital economy from the perspective of maqāṣid al-syarī‘ah. This study used a qualitative approach with a literature study design through the analysis of scientific literature, regulations, fatwas, and documents related to Sharia fintech practices and the digital economy in Indonesia. Data were collected through documentation and searches of relevant academic sources and were then analyzed descriptively and interpretively. The results show that the implementation of the principle of al-ḍarar yuzāl in the Sharia digital economy has not been optimal because elements of gharar, weak contract transparency, digital algorithm manipulation, and low public digital literacy are still found. The findings also show a transformation in the meaning of harm in the digital space, which is not only manifested in financial losses but also includes the exploitation of personal data, psychological pressure, and technological dependence. From the perspective of maqāṣid al-syarī‘ah, the protection of wealth (ḥifẓ al-māl), intellect (ḥifẓ al-‘aql), and life (ḥifẓ al-nafs) serves as an important foundation for the development of the Sharia digital economy. The conclusion of this study emphasizes that the principle of al-ḍarar yuzāl is relevant as a normative basis for preventing harm in the Sharia digital economy. The implications of this study include the need to strengthen regulation, technological ethics, and Sharia digital literacy in order to realize a digital economic ecosystem that is fair, secure, and oriented toward public welfare.