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Between Duty, Capacity, and Inability: Post-Divorce Child Support in Indonesian Religious Courts Muhsan Syarafuddin; Gioia Beatrice; Ghufran Jauhar; Ghifary Duyufur Rohman; Haris Maiza Putra
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/8sjf7s13

Abstract

When the court explicitly acknowledges a father's economic incapacity, child support obligations after divorce create acute legal tension. This article looks at a confusing situation in child support decisions after divorce, based on Decision Number 4501/Pdt.G/2024/PA.Jr. from the Jember Religious Court, Indonesia, where the court required a fixed child support payment even though the father had proven he couldn't afford it. The case highlights a bigger problem that courts face in areas with different laws and economic challenges: how to balance the need to protect children with the reality that some financial obligations may not be possible to enforce. This study uses a legal approach to analyse laws, court decisions, and important Islamic legal sources to assess whether the court's reasoning is fair. The findings reveal a structural inconsistency. Even though the court referenced child protection rules and traditional legal views that support parental responsibility, the maintenance order was too high for the father to afford, making it very difficult for him to follow. Through the evaluative lens of Maqāṣid al-Sharīʿah, the decision demonstrates a failure of proportional balancing: the protection of offspring (ḥifẓ al-nasl) was prioritised without adequate consideration of economic preservation and basic welfare (ḥifẓ al-māl and ḥifẓ al-nafs), both foundational objectives within Islamic legal thought. The article argues that this pattern in court decisions shows a common problem in family courts with limited resources, where the legal responsibilities are recognised more than they can actually be enforced. By placing a local decision within this ongoing issue, the study adds to worldwide discussions about fairness, the ability to enforce choices, and the power of judges in child support cases after divorce.
Franchise Business in the Industry 5.0 Era: Sharia Branding, Ethical Practices, and Islamic Values Retna Anggitaningsih; Haris Maiza Putra
Journal of Islamic Economics Perspectives Vol. 7 No. 2 (2025): Journal of Islamic Economics Perspectives
Publisher : Faculty of Islamic Economics and Business, State Islamic University of  Kiai Haji Achmad Siddiq Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/56frt363

Abstract

This study examines the role of Islamic values in franchise businesses within the context of the Industrial Revolution 5.0, focusing on the case of Kopontren Sejahtera Mandiri Syariah in Jember. The research aims to explore how sharia branding and ethical business practices contribute to sustainable economic development while maintaining alignment with Islamic economic principles. Employing a qualitative phenomenological approach, the study gathers data through in-depth interviews, observations, documentation, and focus group discussions with key stakeholders, including business owners, employees, and customers. The findings highlight the interplay between modern technological advancements and Islamic business ethics, emphasizing the significance of social justice, equitable wealth distribution, and ethical consumer engagement. The study reveals that sharia branding in the franchise sector not only serves as a marketing strategy but also fosters customer loyalty, strengthens social piety, and enhances entrepreneurial spirit among Islamic boarding school alumni. However, challenges remain in integrating digitalization with Islamic values, requiring businesses to navigate ethical concerns while leveraging technological innovations. By analyzing Kopontren Sejahtera Mandiri Syariah as a case study, this research contributes to a deeper understanding of how franchise businesses can maintain religious and ethical integrity in the era of rapid industrial and technological transformation.