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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Al-Istinbath: Jurnal Hukum Islam
Sukirman, Asrianti
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Religion Law, Crime, Criminology & Criminal Justice

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Islamic Judicial Activism in Determining Child Maintenance: Ex Officio Authority and Peaceful Settlement in Indonesian Religious Courts alamsyah, Alamsyah; Sukirman, Asrianti; Mukhlas, Oyo Sunaryo; Rosadi, Aden
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12755

Abstract

This article examines the construction of Islamic law in determining child support after divorce through two mechanisms in Indonesia’s Religious Courts: amicable settlement (ṣulḥ) and judges’ ex officio authority. Although both have a clear legal basis, their practice continues to face challenges: amicable settlements are often compromise-based without objective evaluation of children’s needs, while ex officio rulings tend to be more responsive but lack uniformity due to the absence of standardized guidelines. Employing a juridical-empirical approach with content analysis of four representative decisions from the Bintuhan and Manna Religious Courts (2023–2024), this study identifies the legal considerations applied, assesses the adequacy of child support amounts, and compares the effectiveness of both mechanisms. The findings reveal that amicable settlements frequently result in insufficient child support, whereas ex officio rulings better protect children’s interests yet remain inconsistent. By integrating the principle of maqāṣid al-syarī‘ah, particularly ḥifẓ al-nasl (protection of lineage), this research introduces the concept of Islamic judicial activism, which positions judges as proactive actors in ensuring the child’s best interests. Theoretically, the study enriches global Islamic legal discourse by proposing a maqāṣid-oriented adjudication model that bridges normative texts, socio-economic realities, and substantive justice. Practically, it recommends that the Supreme Court establish national guidelines for child support determination based on cost-of-living standards, enhance judges’ capacity, and strengthen monitoring mechanisms for enforcement. Thus, this study not only contributes to comparative family law scholarship but also offers an innovative normative model for child protection in Muslim jurisdictions.
Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective Sukirman, Asrianti; Sunaryo Mukhlas, Oyo; Khosyi'ah, Siah; Hasan Ridwan, Ahmad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6570

Abstract

Indonesia, as a multicultural country, has three coexisting inheritance law systems: customary law, Islamic law (through the Compilation of Islamic Law/KHI), and civil law (Civil Code). These three systems often exhibit fundamental differences in terms of normative foundations, inheritance mechanisms, and the values of justice they uphold. Through a maqashid syariah approach emphasizing protection of religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), property (māl), and justice (‘adl), this study analyzes the common ground and gaps between customary and national inheritance law. The analysis reveals that while customary law seeks to preserve property and social structures, discriminatory practices and inadequate protection for vulnerable groups still exist. Conversely, the KHI, as part of national law, is more systematic in ensuring distributive justice, though it remains rigid and requires contextualization. This study recommends the importance of normative reconstruction through the compilation of standardized national customary inheritance law based on the values of maqashid and Pancasila, as a step toward an inclusive, fair, and sustainable inheritance law system.
Co-Authors Aden Rosadi Alamsyah - Khosyi'ah, Siah Mukhlas, Oyo Sunaryo Ridwan, Ahmad Hasan