Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Ma'mal: Jurnal Laboratorium Syariah dan Hukum Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam
Ali, Salih Awadh
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Transformation of Customary Law Community Structure in Internal and External Dynamics from the Perspective of Islamic Law Azzahra, Tsania Putri; Ridwansyah, Moh. Haikal; Santoso, Zaidan Ramadhan; Ilmania, Nurika Falah; Ali, Salih Awadh
Ma’mal: Jurnal Laboratorium Syariah dan Hukum Vol. 6 No. 5 (2025): October
Publisher : Laboratorium Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya (https://uinsa.ac.id/fsh/facility)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/mal.v6i5.450

Abstract

The structure of customary law societies is a fundamental element in the traditional social system that governs the lives of local communities in Indonesia. This research aims to analyze how the structure undergoes transformation due to internal dynamics as well as external pressures derived from the penetration of state laws, development programs, globalization, and economic investment. This research is normative research using a literature study and document analysis approach. The data collected on indigenous peoples in Indonesia are analyzed deductively with Islamic legal theory. This study found that the structure of indigenous peoples is not static but adaptive, undergoing complex changes. External intervention often weakens indigenous authorities, causes agrarian conflicts, and triggers disharmony between traditional values and the demands of modernity. However, indigenous peoples also show resilience through institutional revitalization, strengthening cultural identity, and efforts to gain legal recognition. From the perspective of Islamic law, customs that do not contradict the sharia are legitimate under the principles of 'urf and the rules of al-'ādah muḥakkamah. The analysis of maqāṣid al-syarī'ah shows that the protection of property, the soul, the intellect, and descendants must serve as the basis for assessing changes in the customary structure. Therefore, harmonization between customary law, Islamic law, and national law is essential to realize an inclusive and equitable legal system.
The Judicialization of Divorce in Islamic Family Law in Libya and Indonesia: A Maqāṣid Al-Sharī'ah Perspective Ali, Salih Awadh; Arif, Mohammad
Komparatif: Jurnal Perbandingan Hukum dan Pemikiran Islam Vol. 6 No. 1 (2026): June
Publisher : Department of Comparative Mazhab Comparative, Fakulty of Shariah and Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/komparatif.v6i1.3009

Abstract

Divorce is one of the important issues in Islamic family law regulated in state law, including in Libya and Indonesia. This study aims to analyze and compare the judicialization of divorce in Libyan and Indonesian family law. This study uses normative legal research methods with a comparative legal approach, a statutory approach, and a jurisprudence approach. The main source of research is the Libyan Law No. 10 of 1984 on marriage, divorce, and its legal consequences, as well as the Indonesian Marriage Law and the Compilation of Islamic Law. The results of the study show that both Libya and Indonesia place the courts as important institutions in the settlement of divorce, but establish different mechanisms. Libyan law provides ample room for judges to decide on divorce based on ḍarar (harm), absence of support, absence of a spouse, disability, īlā', ẓihār, and irreconcilable disputes. Indonesian law restricts divorce through court proceedings and requires the existence of legal grounds and peaceful efforts before the divorce is decided. The most fundamental difference lies in the position of divorces carried out out of court. Libyan law still regulates divorce based on talaq, but stipulates that its legal existence must be proven through the courts. Meanwhile, the Indonesian legal system institutionalizes divorce through the courts so that divorce obtains legal consequences after the judicial process.
Co-Authors Azzahra, Tsania Putri Mohammad Arif Ridwansyah, Moh. Haikal Santoso, Zaidan Ramadhan