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All Journal Syakhshiyyah Jurnal Hukum Keluarga Islam MILRev: Metro Islamic Law Review
Aimar, Qeis
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Rekonsepsi Amicable Divorce (Cerai-Damai) Berbasis Paradigma Mubadalah: Upaya Mewujudkan Keadilan Gender dalam Hukum Perceraian Indonesia Maliki, Ibnu Akbar; Aimar, Qeis; Badarudin
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/n3tg7n90

Abstract

Abstract:  This research stems from the concern over the persistent gender bias in the construction of divorce law in Indonesia, as stipulated in Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). The legal norms that position the husband as the primary holder of the right to divorce (talak) and the wife as the passive party reflect relational inequality, which leads to social and legal injustice. Through a normative juridical approach with the mubadalah paradigm which emphasizes the principles of reciprocity and relational justice this study seeks to reconceptualize divorce law toward a gender-just model of amicable divorce. The findings reveal that the mubadalah paradigm can serve as an ethical and theoretical foundation for shifting the orientation of divorce law from a power-based relationship to one of mutuality, where divorce is understood as a joint process aimed at preserving the well-being and dignity of both parties. This study recommends reforming Islamic family law through amendments to the Marriage Law and the KHI, strengthening equality-based mediation institutions, and enhancing institutional capacity and public education from a gender perspective. Thus, amicable divorce based on mubadalah becomes not only a conceptual proposal but also a practical strategy toward a more just, humanistic, and compassionate Islamic family law in line with the spirit of rahmatan lil ‘alamin.   Keywords: Amicable Divorce, Mubadalah, Gender Justice, Islamic Family Law, Divorce Law.  
Measuring Contemporary Islamic Banking Sustainability: Integrating ESG and Maqashid al-Syarī‘ah in Indonesia Edian Fahmy; Nadratuzzaman Hosen, Muhamad; Dewi Warninda, Titi; Rama, Ali; Aimar, Qeis
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12880

Abstract

The measurement of sustainability in Islamic banking in Indonesia remains largely dominated by conventional Environmental, Social, and Governance (ESG) frameworks, which tend to emphasize formal compliance and value-neutral indicators. Such approaches have not fully captured the ethical and normative dimensions embedded in Islamic finance. This study aims to formulate a comprehensive model for measuring the sustainability of contemporary Islamic banking by integrating ESG principles with Islamic value-based sustainability indices, namely the Islamic Corporate Sustainability Practices Index (ICSPI), Islamic Banking Sustainability Performance Index (IBSPI), and Maqāṣid Sharī‘ah Index (MSI). This research employs a mixed-methods approach. The Analytic Network Process (ANP) is utilized to identify and prioritize the most relevant sharia-based sustainability index based on stakeholder perspectives. Furthermore, Structural Equation Modeling–Partial Least Squares (SEM-PLS) is applied to examine the impact of ESG integration and Sharia sustainability models on the financial performance of Islamic banks, as proxied by Return on Assets (ROA) and Return on Equity (ROE). The findings reveal that integrating ESG with a maqāṣid al-sharī‘ah-based sustainability index provides a more holistic and substantive framework for assessing sustainability in Islamic banking. This integrated model not only enhances measurement accuracy but also aligns financial performance with ethical and social objectives rooted in Islamic principles. This study contributes to the advancement of contemporary Islamic economic law by offering a conceptual framework that bridges conventional sustainability metrics with Islamic normative values. Additionally, it provides practical implications for policymakers and industry practitioners in developing more robust, value-oriented sustainability standards within the Islamic banking sector.
Co-Authors Ali Rama Badarudin Dewi Warninda, Titi Edian Fahmy Maliki, Ibnu Akbar Nadratuzzaman Hosen, Muhamad