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All Journal TASAMUH: Jurnal Studi Islam Indonesia Law Reform Journal (ILREJ) Lentera: Journal of Islamic Studies Ipso Jure Al Fuadiy: Jurnal Hukum Keluarga Islam
Asman
Universitas Sultan Muhammad Syafiuddin Sambas
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legalitas Poligami dan Nikah Siri: Analisis Kritis Disharmoni Hukum Pidana dalam Dinamika Hukum Keluarga Islam Asman
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1838

Abstract

This study critically examines the approval of the Republic of Indonesia's Law No. 1 of 2023 on the Criminal Code (KUHP) as evidence of a growing paradigm change in the national criminal law, particularly in those areas that have historically fallen under the purview of family and religious law. The author sees this phenomenon as a kind of state expansion (penal expansion) that has the potential to create structural tensions between the criminal law of the nation, the core tenets of Islamic family law, and the constitutional protections for religious freedom and the practice of religious teachings for its people. The novelty of this study lies in its integrated and critical approach, which examines the legitimacy of polygamy and nikah siri practices from a fiqh munākaḥāt perspective while also using the uṣūl al-fiqh and maqāṣid al-syarī'ah frameworks to evaluate the criminalization scheme in the KUHP 2023. As a result, the study examines the systemic reasoning behind criminalization, which ignores the distinction between administrative infractions and criminal offenses (jarīmah), rather than merely describing the conflict of norms. Using a normative legal approach with legislative, conceptual, and Islamic legal components, this study analyzes the law. The author strongly argues that the KUHP 2023's regulation of polygamy and nikah siri reveals a normative conflict with fundamental Islamic family law principles, particularly in relation to the validity of the contract, the goals of marriage, and the protection of the public welfare. The research findings support the idea that criminalizing legitimate religious practice under syariah law has the potential to result in excessive criminalization and violate the principles of substantive fairness and proportionality in criminal law.The study makes a significant academic contribution by formulating a family criminal law reconstruction model that prioritizes welfare by advocating for a shift from criminal punishment to administrative sanction mechanisms and the protection of rights. This model is put forth as a normative alternative that is more in line with the precepts of Islamic law, the constitution, and the humanistic, plurality-sensitive path of national law reform in Indonesia.
Tepuk Sakinah Sebagai Media Edukasi Nilai-Nilai Keluarga Islami Perspektif Hukum Keluarga Islam Asman
Tasamuh: Jurnal Studi Islam Vol. 18 No. 2 (2026): Tasamuh: Jurnal Studi Islam
Publisher : LPPM IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/tasamuh.v18i2.2278

Abstract

This study aims to explore Tepuk Sakinah (the "Sakinah Clap") as an educational medium for family values in Islam, examined from the perspective of Islamic Family Law. Tepuk Sakinah is an educational innovation that combines elements of movement, rhythm, and moral messages related to Islam to help build understanding of the values of sakinah (tranquility), mawaddah (love), and rahmah (mercy). In the development of an Islamic family, this medium plays a very important role in instilling values such as piety, love, responsibility, and harmony within the household from an early age. This research uses a qualitative approach with a descriptive-analytical method through literature review and normative analysis of references from the Qur'an, hadith, and the principles of Islamic Family Law. The research results show that Tepuk Sakinah serves not only as an enjoyable method of learning but also as an effective da'wah (propagation) tool for introducing the principles of the Islamic family in schools, communities, and religious institutions. The values contained in Tepuk Sakinah are in line with Islamic teachings on building a harmonious family, as explained in QS. Ar-Rum verse 21 and various hadiths concerning affection among family members. From the perspective of Islamic Family Law, this medium is highly relevant for creating a sakinah family through practical moral and spiritual education. Therefore, Tepuk Sakinah can be considered an innovative educational model for building an Islamic family, as well as a preventive step against moral crises and family dysfunction in the present era
Balancing Legal Certainty and Substantive Justice in Indonesia: Rethinking the Role of Judicial Interpretation Asman
Ipso Jure Vol. 3 No. 8 (2026): Ipso Jure - September
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/4bk0wr33

Abstract

Indonesian judges are constitutionally required to secure both fair legal certainty and substantive justice, yet the legal order gives them little guidance on how to proceed when the two values collide. This article examines how the mandate of judicial interpretation is structured in Indonesian law, how courts have exercised it in practice, and how the balance between certainty and justice can be made more principled. It employs normative juridical research that combines statutory, conceptual and case approaches, drawing on the 1945 Constitution, Law No 48 of 2009, the new Criminal Code, and a purposive body of court decisions and scholarship published between 2021 and 2026. The analysis proceeds through Radbruch’s triad of justice, legal certainty and expediency. The findings show, first, that Indonesian law imposes a dual mandate on judges but supplies only one ordering rule, Article 53(2) of the Criminal Code, which instructs judges to prioritise justice without stating a threshold for doing so. Second, judicial practice falls into three patterns: certainty-protective interpretation, justice-driven interpretation that remains anchored in the text, and unstructured judicial creativity that relies on the language of justice without demonstrating it. Third, the article proposes a four-stage framework of principled balancing consisting of a textual boundary, a threshold of intolerable injustice, proportionality with least departure from predictability, and reasoned institutional consistency. The article concludes that legal certainty and substantive justice are best reconciled not by ranking one above the other, but by disciplining the way judge reason when they depart from the text.
Keterkaitan Maqāṣid al-Syarī’ah dalam Membangun Keluarga Sakinah pada Generasi Z Asman
Lentera Jurnal Vol 2 No 2 (2026): Islam dalam Masyarakat Plural: Dakwah Multikultural, Keluarga, Lingkungan, dan Ke
Publisher : Danudirja Setyabudi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64271/90d4t232

Abstract

Social changes driven by digital technology, globalization, and shifting life values have shaped Generation Z into a more open, adaptive, and dynamic group. However, these conditions also challenge the formation of a harmonious family, including low readiness for marriage, rising household conflicts, and weaker commitment to Islamic values. This article analyzes the relevance of maqāṣid al-syarī’ah as a conceptual basis for realizing a sakinah family in Generation Z. This study uses a library research method with a normative and conceptual approach, analyzing the Qur’an, hadith, fiqh literature, and contemporary scientific studies on maqāṣid al-syarī’ah and family resilience. The results of the study show that the five main objectives of maqāṣid al-syarī’ah, namely the protection of religion (ḥifẓ al-dīn), soul (ḥifẓ al-nafs), reason (ḥifẓ al-’aql), descendants (ḥifẓ al-nasl), and property (ḥifẓ al-māl), have strong relevance in forming a sakinah family in the digital era. Implementing these values encourages families to be built on faith, healthy communication, shared responsibility, wise digital literacy, and economic resilience. Thus, maqāṣid al-syarī’ah not only serves as a normative objective of Islamic law but also becomes a strategic paradigm for responding to the challenges of Generation Z family life, enabling the creation of a harmonious, prosperous, and sustainable household in accordance with Islamic principles.
Reconstruction of the Causing Factors of the High Divorce Rate in Sambas in 2025 Asman
Indonesia Law Reform Journal Vol. 6 No. 2 (2026): July 2026
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The high divorce rate in Sambas Regency in 2025 represents a complex socio-juridical phenomenon that requires a comprehensive study based on empirical data. Divorce is no longer understood as a mere individual event, but rather as a reflection of social, economic dynamics, and changing values ​​in society. This study aims to reconstruct the factors causing divorce through an integrative approach that combines legal, social, and religious perspectives based on data from the Sambas Religious Court. The method used is a socio-legal study with a qualitative approach, using primary data in the form of interviews and secondary data in the form of divorce case statistics in 2025. The results show that the dominant factors causing divorce include ongoing disputes and arguments, household economic pressures, infidelity, adultery and changes in social values ​​due to the influence of modernization and digitalization. These factors do not stand alone, but interact complexly to trigger household disintegration. The novelty of this study lies in the use of an integrative approach based on judicial data that allows for the identification of patterns of relationships between factors in a more systematic and contextual manner. The conclusion of this study formulates a conceptual model that states that divorce in Sambas in 2025 is the result of a multidimensional interaction between structural and cultural factors, with dysfunctional family communication predominating, exacerbated by economic pressures and transformations in social values. This model is expected to serve as a basis for formulating more effective preventive strategies and policy interventions to reduce the divorce rate.
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