WiShEL
Vol. 2 No. 2 (2026): Walisongo Journal of Sharia Economic Law

Measuring Legal Certainty in Women's Empowerment

Khairul Fadli Rambe (Universitas Islam Negeri Imam Bonjol Padang)
Abdulloh Abdulloh (Universitas Islam Negeri Syarif Hidayatullah Jakarta)
Mulia Darma (Al Azhar University)



Article Info

Publish Date
07 Oct 2026

Abstract

This study aims to assess legal certainty in economic empowerment efforts for 11.5 million female heads of households in Indonesia who face poverty vulnerability due to double burdens and limited access to capital. In the broader context of institutional synergy, the collaboration between BAZNAS Kota Bandung and DP3A through the Program for Enhancing Women's Role Towards Healthy and Prosperous Families (P2WKSS) emerges as a strategic instrument. However, from a legal perspective, this practice faces a crucial challenge in the form of the absence of a formal legal basis (Memorandum of Understanding). This article aims to analyze the legal and operational obstacles arising from the absence of such a regulatory text through the lens of Maqashid Syariah and progressive law. Using a normative-empirical legal research method with a descriptive-analytical approach, the research findings reveal that the absence of an MoU is rooted in the bureaucratic assumption of “one government umbrella,” which triggers ambiguity of roles and places BAZNAS merely as an incidental fund contributor without a strategic position in planning. As a transformative solution, this study recommends regulatory reconstruction through the drafting of a specific MoU that refers to PMA No. 16 of 2025 to realize accountable and balanced governance. This regulatory transformation is an absolute prerequisite for ensuring systematic welfare for female heads of households through the sustainable protection of property (hifzh al-mal) and offspring (hifzh al-nasl).

Copyrights © 2026






Journal Info

Abbrev

WiShEL

Publisher

Subject

Description

WiShEL: Walisongo Journal of Sharia Economic Law e-ISSN: 3123-5581, p-ISSN: 3123-7819 is a peer-reviewed, open-access academic journal published biannually by the Department of Sharia Economic Law, Faculty of Sharia and Law, Universitas Islam Negeri Walisongo Semarang, Indonesia. The journal offers ...