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Isbat Nikah Over Siri Marriage In Indonesia Sarana Abdul Hamid; Adang Djumhur Salikin
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.979

Background. Serial marriage is a socio-religious phenomenon that continues to take place in Indonesian society. Although it is legally recognized, this marriage has no legal force because it is not recorded with the state administration. This raises legal problems, especially regarding the protection of the rights of wives, children, and family members, as well as family legal status. Isbat nikah, as a legal instrument available in the Compilation of Islamic Law and Supreme Court Regulations, is a formal solution to provide legal certainty for serial marriage. However, the practice of its application in court still faces various obstacles, both from a juridical and a sociological perspective, as well as from a substantive justice perspective. Purpose. This study aims to reconstruct the position of isbat nikah over serial marriage with a normative-juridical and sociological approach. Method. This article uses normative legal research methods with the following approaches: Legislation, examining Law No. 1/1974, KHI, Law No. 7/1989 jo. Law No. 50/2009 on Religious Courts, with the study topic: Conceptual, discussing the views of fuqaha on marriage and registration. A legal comparison, reviewing the practice of legalizing marriage in several Muslim countries. Maqāṣid al-syarī'ah assesses the suitability of isbat nikah with the principles of protection of religion, soul, descent, property, and honor. Conclusion. The results of the study show the need for legal reform through the reinterpretation of norms, harmonization of regulations, and the strengthening of the principles of justice and family protection, so that isbat nikah is not only a formal legalization but also an instrument for protecting family rights.

Legal Protection of Restaurant Franchise Brands, in the Perspective of Trademark Law and Islamic Law Asti Wasiska; Adang Djumhur Salikin
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.981

Background. Legal protection of restaurant franchise brands has a high urgency in the context of modern business developments in Indonesia. Trademarks, as legal and commercial identities, not only serve as differentiators but also as instruments that determine a business's sustainability and reputation. However, in practice, there are many trademark infringements in the form of imitation, unauthorized use, and manipulation that is detrimental to the original brand owner. Purpose. This study aims to examine the legal protection of restaurant franchise brands in the perspective of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, as well as from the standpoint of Islamic law that emphasizes the protection of property (ḥifẓ al-māl), justice, and the prohibition of fraudulent practices (tadlīs). Method. The research method used is a normative juridical approach, with a legislative, conceptual, and maqāṣid al-syarī'ah perspective. Result. The results of the study show that legal protection in the Trademark Law has provided a strong normative basis, but its enforcement practices still face challenges. Conclusion. From the perspective of Islamic law, the protection of restaurant franchise brands is well-founded because it aligns with the principles of safeguarding ownership rights, preventing tyranny, and supporting the sustainability of halal businesses. Implementation. The integration between positive law and Islamic law is vital to strengthen the protection of restaurant franchise brands in order to create legal justice and certainty of doing business.

Doctor-Patient Therapeutic Agreement in the Perspective of Law No. 29/2004 and Islamic Law Ahmad Faisal; Adang Djumhur Salikin
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.985

Background. The relationship between doctors and patients is not only a technical-medical relationship, but also a complex legal and ethical relationship. As public awareness of patients' rights increases, the relationship demands legal certainty that protects both parties. In the context of Indonesian law, this relationship is attached in the form of a therapeutic agreement, which is an agreement between the doctor and the patient regarding the medical procedure to be performed, the rights and obligations of each party, and the legal consequences if the agreement is violated. Purpose. This study discusses the therapeutic agreement between doctors and patients in the perspective of Law No. 29 of 2004 concerning Medical Practice and Islamic law. The focus of the study lies on the common points, differences, and possible integration of the two in medical practice in Indonesia. Method. This study uses a normative-comparative approach by analyzing regulations, jurisprudence, MUI fatwas, and classical fiqh books. Result. The results of the study show that according to Law No. 29/2004, the doctor-patient relationship is a legal contract that requires informed consent, professional standards, and accountability mechanisms. Meanwhile, Islamic law views it as a valid ijārah (service hire contract) if it fulfills the pillars of the contract, with the principles of tarāḍī (willingness), gharar (ambiguity), and ḍarar (danger). Jurisprudence emphasizes the principle of inspanningsverbintenis (the obligation of maximum effort, not results), while the MUI fatwa emphasizes the aspects of ridā, trust, and the welfare of the soul. The integrative synthesis offered places Law No. 29/2004 as the basis for formal legality, Islamic law as moral-religious legitimacy, and jurisprudence and fatwa as operational bridges. Thus, therapeutic agreements are not contradictory, but complementary in realizing legal, ethical, and spirituality-based medical practices.

Analysis of Online Gambling and Family Resilience Strategies in the Perspective of Islamic Family Law Adang Djumhur Salikin
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.988

Background. This article examines in depth the phenomenon of online gambling (al-qimār al-ʾiliktrūnī) as a systemic threat to the resilience of Muslim families, as well as formulates a resilience strategy framework based on Islamic Family Law (al-ahwāl al-shakhṣiyyah). Method. Using descriptive-analytical qualitative research methods and Islamic jurisprudence (fiqh) approaches oriented to maqāṣid al-sharīʿah (especially ḥifẓ al-māl, al-nasl, wa al-ʿaql), this study conducts a critical examination of the qaṭʿī (definite) postulates that prohibit gambling and its destructive impact on the family structure. Result. The findings of the study show that online gambling paralyzes the main pillars of the Islamic family: qiwāmah (leadership), nafaqah (nafkah), and tarbiyah (education). In response, this article offers a multi-layered model of resilience strategies that include preventive (al-wiqāyah), curative (al-ʿilāj), and restorative (al-iʿādah) aspects that are sourced from the internal mechanisms of the family (shūrā, muhāsabah), communal intervention (taḥkīm), to final legal protection (fasakh). Conclusion. The conclusion of the article emphasizes that the resilience of Muslim families in the digital era can only be built by consistently implementing sharia values comprehensively in family life, supported by a collective awareness of the dangers of online gambling.

Reconsidering Polygamy Law Through The Lens Of Substantive Justice: A Critical Analysis Of Islamic Family Law In Indonesia Adang Djumhur Salikin
Jurnal Legisci Vol 3 No 5 (2026): Vol 3 No 5 April 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i5.1135

Background. The urgency of this research lies in the persistent gap between normative legal provisions and the lived experiences of justice among women in polygamous marriages, as evidenced by mounting empirical data on economic disenfranchisement, psychological distress, and social stigmatization. Aims. This article aims to critically examine polygamy law in Indonesia not merely from a legal-formal perspective but through the lens of substantive justice. It seeks to answer whether polygamy regulations (Marriage Law No. 1/1974 and the Compilation of Islamic Law) have produced tangible justice for all affected parties, particularly women and children, or merely serve as administrative procedures that legitimize patriarchal practices. Methods. This research employs normative legal research with philosophical, statutory, and comparative approaches. The analysis draws upon substantive justice theories from critical legal studies and legal philosophy—particularly Gustav Radbruch's triadic theory of law (justice, certainty, utility), Satjipto Rahardjo's Progressive Law, and Asghar Ali Engineer's theory of substantive justice for the weak—as analytical tools to examine polygamy provisions and their implementation in Religious Courts. Result. This research reveals a fundamental disparity between legal texts and the reality of justice. First, polygamy regulations (Articles 4 and 5 of Marriage Law No. 1/1974) remain highly procedural and have not addressed psychological and social justice dimensions for wives and children. The requirement of "justice" is only proven through written statements and the first wife's consent, without any mechanism to verify the husband's psychological capacity to be just. Second, judicial practice tends to be formalistic—if administrative requirements (wife's consent letter, income statement, police certificate) are fulfilled, applications are granted without a deeper examination of substantive justice. Conclusion. The article integrates multiple theoretical frameworks: substantive justice theory, maqashid shariah, feminist jurisprudence, and comparative legal analysis. It provides concrete reform recommendations based on empirical evidence and successful models from other Muslim-majority countries, offering a blueprint for legal reform that balances religious validity with enforceable safeguards. The article also introduces the concept of "Legal System Ibuism" as a novel analytical framework for understanding systemic gender bias in Indonesian marriage law.

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