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All Journal UIR LAW REVIEW Jambe Law Journal Borneo : Journal of Islamic Studies Kanun: Jurnal Ilmu Hukum Journal of Law and Legal Reform Indonesian Journal of Advocacy and Legal Services
Ezzerouali, Souad Ahmed
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Religion Law, Crime, Criminology & Criminal Justice

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LEGAL PLURALISM AND TEXTUALISM: CONTRASTING APPROACHES TO ISLAMIC INHERITANCE LAW IN INDONESIA AND OMAN Taufiq, Taufiq; Kunantiyorini, Anik; Soeharto, Achmad; Wibowo, Dwi Edi; Ezzerouali, Souad Ahmed
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.47546

Abstract

Islamic inheritance law highlights diverse approaches to its interpretation and implementation in Muslim-majority countries such as Indonesia and Oman. These differences arise from a legal gap between the universal principles outlined in the Qur'an and their application within national legal frameworks. In Indonesia, Islamic inheritance law functions within a pluralistic legal system, whereas in Oman, Sharia principles serve as the primary and integral foundation of the judiciary. This article examines how the foundational philosophy of Islamic inheritance law is understood and applied in Indonesia and Oman, two countries with contrasting legal systems, to identify both normative and practical challenges, as well as the implications of these differences for future legal development. Employing a normative and comparative legal approach, the study reviews relevant legislation, fatwas, and court decisions in both countries, alongside an analysis of classical and contemporary Islamic jurisprudence. The findings indicate that Indonesia adopts a conciliatory approach, balancing religious norms with modern social needs, while Oman tends to adhere to a more literal and textual interpretation of inheritance law. These differences reflect the dynamic nature of Islamic inheritance law philosophy in responding to each country's unique social, cultural, and political contexts. This contributes to the ongoing discourse on developing an adaptive and context-sensitive understanding of Islamic inheritance law within various national legal systems.
Geographical Indications and Trademarks Protection: Empowering MSMEs Through Advocacy, Legal Services in Indonesia, Oman, Philippines Kurniawan, I Gede Agus; Gorda, Anak Agung Ayu Ngurah Sri Rahayu; Ezzerouali, Souad Ahmed; Tee-anastacio, Princess Alyssa; Sutrisni, Ketut Elly
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i2.29961

Abstract

The protection of geographical indications (GIs) and trademarks represents a crucial instrument within intellectual property law, serving not only as a mechanism of legal protection but also as a means of economic empowerment, particularly for micro, small, and medium enterprises (MSMEs). Nevertheless, the effectiveness of such protection is often constrained by limited access to legal services and advocacy. This study aims to analyze the ideal legal framework for the protection of GIs and trademarks in Indonesia, the Philippines, and Oman, emphasizing the importance of integrating legal services and advocacy to strengthen MSME empowerment. The research employs a normative juridical approach combined with comparative analysis, examining statutory provisions, institutional practices, and the legal cultures of each country. The findings reveal that the Philippines has developed a relatively ideal framework through the active role of the Intellectual Property Office of the Philippines (IPOPHL), which implements the IP Academy, Innovation and Technology Support Offices (ITSO), and the affirmative Juana Make a Mark initiative. By contrast, Indonesia and Oman continue to face challenges, as their regulatory structures remain heavily focused on administrative procedures without explicit provisions on legal advocacy. This study contributes by highlighting the necessity of embedding legal advocacy within substantive regulations and institutionalizing MSME support programs as a state obligation. It concludes that the protection of GIs and trademarks will be more effective if supported by structured and sustainable legal advocacy mechanisms. The key recommendation is for Indonesia and Oman to adopt the Philippines’ best practices, particularly the integration of advocacy and legal services into formal regulations, thereby strengthening MSME empowerment through the protection of geographical indications and trademarks.
Rethinking Legal Validity and Contractual Structures of Shariah-Compliant Credit Cards: A Study on DSN-MUI Fatwa Alfarisi, Muhammad Adib; Suhedi, Suhedi; Ezzerouali, Souad Ahmed; Andrianti, Dyah
Borneo : Journal of Islamic Studies Vol. 6 No. 1 (2025): BORNEO: Journal of Islamic Studies
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/borneo.v6i1.4321

Abstract

The rapid evolution of Islamic financial products has raised critical questions about the legal validity and practical enforceability of Sharia credit cards within Indonesia’s dual legal system. This study seeks to rethink the legal validity of Sharia credit cards by moving beyond the fiqh-based legitimacy of Fatwa No. 54/DSN-MUI/X/2006 to examine their implementation under Indonesia’s positive law, regulatory oversight, and the objectives of maqāṣid al-sharī‘ah. Employing a qualitative legal content analysis, the research identifies six potentially relevant contracts kafālah, wakālah, ḥawālah, murābaḥah, qardh, and ijārah and critically assesses why the DSN-MUI ultimately operationalized only three: qardh, kafālah, and ijārah. The study argues that this tri-contract structure provides normative coherence but remains legally contingent on its harmonization with the Otoritas Jasa Keuangan (OJK) and Bank Indonesia (BI) regulations governing multi-contract products. Findings reveal that while the fatwa aligns with maqāṣid al-sharī‘ah protecting wealth (ḥifẓ al-māl) and promoting justice (‘adl) by eliminating riba its enforceability under civil contract law, particularly regarding ta‘wīḍ (compensation) and gharāmah (late penalty), remains ambiguous. Comparative insights from Malaysia and the Middle East underscore the need for a regulatory framework that integrates fatwa-based legality within codified financial law. Consequently, this “rethinking” offers a new analytical framework normative, structural, and positive legal validity to bridge the gap between Sharī‘ah doctrine and enforceable Islamic financial governance in Indonesia.
Advocating for Excellence: Legal Strategies in Shaping Higher Education as a World-Class Research and Education Hub (Case of Indonesia, Oman, and United Arab Emirates) Riyanto, R Benny; Fibrianti, Nurul; Irawaty, Irawaty; Ezzerouali, Souad Ahmed; Sarhan, Adnan Ibrahim
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i2.35080

Abstract

This paper explores the role of legal strategies and advocacy in shaping higher education institutions into world-class research and education hubs, with a comparative focus on Universitas Negeri Semarang (UNNES) in Indonesia, Dhofar University in Oman, and the University of Sharjah in the United Arab Emirates. Central to this analysis is the development of Centers of Excellence (CoEs) as catalysts for academic innovation, international collaboration, and institutional prestige. The study investigates how legal frameworks—ranging from national laws to internal university policies—facilitate or hinder the strategic growth of CoEs in each context. It highlights how legal advocacy can drive policy reform, secure essential resources, safeguard intellectual property, and promote academic freedom and international accreditation. By examining case studies from the three institutions, the paper underscores the importance of legal professionals not only as compliance officers but as key actors in institutional transformation. Ultimately, the research demonstrates that a robust, forward-thinking legal strategy is essential to advancing the global aspirations of universities in emerging knowledge economies.
Legal Protection and Certainty of Land Ownership in Post-Disaster Recovery: Evidence from Indonesia, Spain, and Oman Maisa, Maisa; Nafri , Muh; Amri, Amriana; Alejandro, Sergi Fernandez; Ezzerouali, Souad Ahmed
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.19431

Abstract

This study investigates the legal protection and certainty of land ownership in post-disaster recovery, with a comparative focus on Indonesia, Spain, and Oman. It particularly examines the aftermath of the 2018 earthquake, tsunami, and liquefaction in Central Sulawesi, Indonesia, and contrasts it with recovery efforts in Spain and Oman. Using a descriptive empirical legal approach, the study explores the legal protections for disaster victims, the restoration of land ownership, and challenges in rebuilding. In Indonesia, the 2018 disaster in Petobo Village is analyzed through Governor Regulation No. 10 of 2019, which governs post-disaster rehabilitation and reconstruction. The law stipulates the rights to land restitution and housing reconstruction; however, delays in permanent housing construction have hindered the realization of victims’ rights. In Spain, the recovery from the 2011 earthquake in Lorca is examined under the Royal Decree 307/2005, which regulates compensation for victims of natural disasters. Despite the law’s aim to safeguard land rights and accelerate recovery, significant delays occurred in land restitution and compensation for affected property owners. In Oman, the Land Expropriation Law (Royal Decree No. 6/2008) and Cyclone Gonu Recovery Law provide mechanisms for land distribution and compensation, but challenges arose due to incomplete property registration and inconsistent enforcement, which delayed recovery efforts. By comparing these legal frameworks, the study highlights the differences in land governance and proposes recommendations for strengthening legal protections and ensuring faster, more efficient recovery in post-disaster contexts.
When Marriage Guardians Refuse: Can Religious Courts Ensure Justice? Salma, Salma Mis Aziziah; Muamar, Afif; Nursyamsudin, Nursyamsudin; Ezzerouali, Souad Ahmed; Fuad, Ibrahim Ahmed
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).25090

Abstract

This study analyzes the judicial reasoning and legal implications of a wali adhol (unjustified refusal of a marriage guardian) decision in the Sumber Class 1A Religious Court, Case Number 83/Pdt.P/2025/PA.Sbr. The case concerns the appointment of a wali adhol to authorize the marriage contract on behalf of a prospective bride whose legal guardian refused without valid justification. The research addresses two main questions: how the concept of wali adhol is applied within the court’s decision, and how the ruling affects the legal validity of marriage and the protection of the parties’ rights. Using an empirical juridical method, this study examines court documents, judicial considerations, and procedural practices as primary data. The findings show that the court’s decision is grounded in Islamic legal principles as codified in the Compilation of Islamic Law and the Indonesian Religious Court Law. The judge determined that the refusal of the original guardian constituted adhol, thereby justifying the transfer of guardianship authority to a state-appointed guardian to ensure the validity of the marriage. The ruling confirms that the appointment of a wali adhol is legally valid and results in a lawful marriage under Indonesian Islamic family law. This article contributes to the discourse on Islamic family law in Indonesia by demonstrating how Religious Courts function as corrective institutions to prevent guardianship abuse, while ensuring both legal certainty and protection of women’s marital rights within the framework of state-administered Islamic law.
Towards Electoral Justice: Redesigning an Ideal System for Enforcing Electoral Administrative Law in Indonesia? Bagja, Rahmat; Isra, Saldi; Palguna, I Dewa Gede; Fahmi, Khairul; Ezzerouali, Souad Ahmed
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/9et5k513

Abstract

This article examines Indonesia’s legal framework for protecting the right to be elected, with a focus on electoral administrative law enforcement across Bawaslu, the Administrative Court (PTUN), and the Constitutional Court (MK). Building on Marc Galanter’s “justice in many rooms,” the study introduces the concept of “electoral justice in many connected rooms” to assess the coherence and effectiveness of legal remedies. Using normative, comparative, and case-based approaches, it analyzes disputes involving party officials, former convicts, and gender quota candidates. Findings reveal that institutional fragmentation and normative inconsistencies often hinder the full restoration of candidacy rights, with the General Election Commission (KPU) frequently disregarding binding decisions due to legal ambiguity or inter-agency conflict. The study identifies two key challenges; vague or retroactively applied legal norms and procedural coordination among enforcement bodies. It argues that changes to candidacy regulations must apply prospectively and that enforcement must distinguish between active and passive suffrage. The article proposes a coordinated model of electoral administrative enforcement that combines preventive and repressive measures, institutional alignment, and judicial restraint in line with the Purcell Principle. It concludes by calling for legislative reform to ensure legal certainty, institutional synergy, and meaningful protection of electoral rights
Co-Authors Achmad Soeharto Afif Muamar Alejandro, Sergi Fernandez Alfarisi, Muhammad Adib Amri, Amriana Anak Agung Ayu Ngurah Sri Rahayu Gorda Andrianti, Dyah Anik Kunantiyorini Bagja, Rahmat Dwi Edi Wibowo Fuad, Ibrahim Ahmed I Dewa Gede Palguna I Gede Agus Kurniawan Irawaty Irawaty Khairul Fahmi Maisa Maisa, Maisa Nafri , Muh Ni Ketut Elly Sutrisni, Ni Ketut Elly Nursyamsudin, Nursyamsudin Nurul Fibrianti Riyanto, R Benny Saldi Isra Salma, Salma Mis Aziziah Sarhan, Adnan Ibrahim Suhedi, Suhedi Taufiq Taufiq Tee-anastacio, Princess Alyssa