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Anwar Hafidzi
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Journal of Islamic and Law Studies (JILS)
Published by Universitas Islam Negeri Antasari Banjarmasin
ISSN : 26568683     EISSN : 26568683     DOI : 10.18592/jils.v5i1.4577
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Journal of Islamic and Law Studies is a multi-disciplinary publication dedicated to the scholarly study of all aspects of science and of the Islamic in Indonesia. Particular attention is paid to works dealing with history geography political science economics anthropology sociology law literature religion philosophy international relations environmental and developmental issues as well as ethical questions related to scientific research. The Journal seeks to place Islam and the Islamic tradition as its central focus of academic inquiry and to encourage comprehensive consideration of its many facets; to provide a forum for the study of Islam and Muslim societies in their global context; to encourage interdisciplinary studies of the Islamic world that are crossnational and comparative; to promote the diffusion exchange and discussion of research findings; and to encourage interaction among academics from various traditions of learning.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 174 Documents
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Legal Review of Marketing Strategy Through the Concept of FOMO (Fear of Missing Out) in the Perspective of Islamic Law and Positive Law Nuryani, Nuryani
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17809

Abstract

The development of digital technology has given rise to various modern marketing strategies, one of which is through the concept of FOMO (Fear of Missing Out). This strategy takes advantage of consumer concerns to encourage quick purchasing decisions. This study aims to examine marketing strategies through the concept of FOMO (Fear of Missing Out) from the perspective of Islamic law and positive law, with a normative approach through literature analysis, especially Law No. 8 of 1999 concerning Consumer Protection. The results of the study indicate that in positive law, the FOMO (Fear of Missing Out) strategy is acceptable as long as it does not mislead consumers and does not violate basic consumer rights as regulated in Articles 4, 8, and 9 of the Consumer Protection Law. Meanwhile, in Islamic law, this strategy is valid if it is based on correct information and does not contain elements of gharar (uncertainty) or tadlis (fraud). If the FOMO (Fear of Missing Out) strategy is used with information manipulation, then in addition to violating positive law, it also contradicts the principles of justice and honesty in Islam.  
Maarwah Tradition In Banjar Society: Correlation And Problems Of The Maarwah Tradition (One Hundred Days) Of Husband As The Limit Of Wife's Iddah Pratama, Akhmad Dzika; Hayati, Fauzia; Ramadani, Muhammad Faqih
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17810

Abstract

Iddah is the waiting period for a woman who has been divorced or whose husband has passed away. The Banjarese people often associate iddah with maarwah, a traditional death commemoration ritual. They believe that a woman whose husband has died is not allowed to remarry before the manyaratus (one hundred days after death) period is completed. This study analyzes the intersection between the concept of iddah and the maarwah tradition, highlighting their correlation and the legal-socio-cultural issues that arise from the belief that a widow cannot remarry until one hundred days after her husband’s death. This research employs a normative library research method using Islamic jurisprudence theory as the analytical tool. The findings show that iddah and maarwah are correlated through shared values of ethics and etiquette, serving as an expression of a wife's love and respect for her deceased husband. However, the belief that a woman cannot remarry before completing the manyaratus should not be interpreted merely textually but understood in light of its deeper cultural and moral significance.
The Manifestation of 'Urf Concept Based on Local Wisdom in Resolving Marital Conflict Barambangan by Religious Leaders in Banjar Regency Syafiq, Muhammad; Norwaizi, Ari
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17811

Abstract

Domestic conflicts known as "Barambangan" in Banjarese society require resolution approaches grounded in local wisdom values. This study aims to analyze the manifestation of the 'urf (customary practice) concept based on local wisdom in resolving marital conflict barambangan by religious leaders in Banjar Regency. This research employs a qualitative method with a sociological-juridical approach, involving six religious leaders from various villages in East Martapura District. Data were collected through in-depth interviews, participant observation, and document analysis. The findings reveal that the local 'urf concept manifests in three resolution stages: (1) the listening stage (mamandang), (2) the counseling stage (manasihati), and (3) the mediation stage (mampadamaikan). The local wisdom employed encompasses values such as "bahandap hati" (humility), "bakudutan" (deliberation), and "basalamatan" (prioritizing relationship safety). These findings indicate that the integration of local 'urf with Islamic principles provides effective solutions in domestic conflict resolution, achieving an 80% success rate in preventing divorce. This study contributes to the development of family conflict resolution models based on local wisdom that can be implemented within the context of Islamic family law in Indonesia
Childfree Is Not A Disgrace For Women: Harmonizing the Stoicism-Mubadalah Paradigm in Fighting Stigma and Gender Discrimination Maliki, Ibnu Akbar; Zhafira, Annisa Ranah
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17813

Abstract

Women's decision not to have children (childfree) is always labeled as an act that violates social norms. This is further exacerbated by patriarchal religious interpretations that limit women's roles to the domestic sphere. This social construct often leads to discrimination against childfree women and ignores their right to determine their own happiness in life. This article analyzes the childfree choice as a manifestation of women's pursuit of happiness and autonomy through the lens of Stoic philosophy and the Mubadalah paradigm of reciprocity. This descriptive qualitative study uses literature review with primary data from the book “Qira'ah Mubadalah” by Faqihuddin Abdul Kodir and “Filosofi Teras” by Henri Manampiring, as well as secondary data from various relevant literature. Data was collected through documentation techniques and analyzed using content analysis. The results of the study show that Stoicism and Mubadalah create a strong paradigm to counter stigma and gender discrimination against childfree women. Despite originating from different traditions, both offer significant support for childfree women. Stoicism empowers individuals to find happiness from within, through control over thoughts and internal responses to external pressures, including social stigma. On the other hand, Mubadalah provides a strong theological foundation for deconstructing patriarchal narratives in religious interpretations that limit women's roles to reproductive functions. Both approaches emphasize individual freedom in determining one's life path, focusing on internal quality of life, and recognizing happiness as a dynamic process. Ultimately, this study affirms that discrimination against childfree women is an act that is inconsistent with human values and inclusive religious teachings, and therefore needs to be addressed with a more just and equitable understanding
Maqasid Syariah in the Judge's Decision on the Divorce Case at the Amuntai Religious Court Shofa, Lailatus
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17814

Abstract

Marriage in Islam is a sacred institution aimed at establishing a family life characterized by sakinah (tranquility), mawaddah (affection), and rahmah (compassion). However, not all marriages fulfill these ideals, and divorce often becomes the last resort, including divorce petitions initiated by the wife (cerai gugat). This study aims to analyze the legal considerations of judges in divorce petition cases at the Amuntai Religious Court using a Maqāṣid al-Sharī‘ah approach. This research employs a descriptive-qualitative method based on document analysis, specifically focusing on Decision No. 114/Pdt.G/2023/PA.Amt. The Maqāṣid al-Sharī‘ah framework applied includes five essential aspects: the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and wealth (ḥifẓ al-māl). The findings reveal that the judge prioritized principles of public interest (maṣlaḥah), particularly ḥifẓ al-nafs and ḥifẓ al-nasl, in addressing a marital relationship marked by verbal abuse, ambiguity regarding the status of divorce, and the protection of children's lineage from a marriage that was not renewed through a valid contract. Although the petitioner believed that a triple divorce (ṭalāq thalāth) had occurred, the judge ruled only a single bain sughra divorce due to the absence of formal legal evidence. This divergence highlights the judge’s prudence in avoiding greater harm (maḍarat). The study underscores that Maqāṣid al-Sharī‘ah can serve as an evaluative framework for resolving divorce petition cases in a manner that is just, contextual, and responsive to vulnerable parties-particularly women and children.
Inheritance in Banjar Customary Law and Islamic Law: a Study of The Status of Children as Recipients of Inheritance Supiannor, Ahmad
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17815

Abstract

This study presents a comparative analysis between inheritance systems in Banjar customary law and Islamic law, focusing specifically on the status of children as heirs. In Banjar society, not only biological children but also stepchildren, adopted children, and children born out of wedlock (referred to as anak kampang) are potentially entitled to inheritance, often based on family discussions and social-emotional considerations. In contrast, Islamic inheritance law (faraid) only recognizes the right to inherit based on three legal causes: marriage, bloodline (nasab), and wala’ (loyalty through manumission). The study finds that while Banjar inheritance customs may diverge from the strict rules of Islamic law, they can be harmonized through the concept of ihsan, showing kindness to non-heirs, provided all legitimate heirs consent. This research adopts a normative legal method with comparative and conceptual approaches, using secondary data analyzed qualitatively. The findings suggest that harmonization between local custom and Islamic law is possible as long as justice and mutual consent are preserved.
Legal Implications of Interfaith Marriage on Inheritance Rights and Child Status in the Perspective of Islamic Law and Civil Law Shalihah , Shalihah; Karima , Nadia Rif’atul; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17816

Abstract

Interfaith marriage remains a controversial issue within Indonesia's pluralistic legal system, which recognizes both religious and civil legal frameworks. This paper examines the legal implications of interfaith marriage concerning inheritance rights and the legal status of children from the perspectives of Islamic law and civil law. Employing a normative legal research method and a literature-based approach, the study analyzes statutory regulations, judicial decisions, and legal doctrines relevant to the rights of interfaith families. The findings reveal that in Islamic law, religious differences serve as a barrier to inheritance and affect the legitimacy of the child’s legal status. In contrast, civil law provides broader protection, recognizing inheritance rights and child status without religious discrimination. Although legal reconciliation efforts—such as the doctrine of wasiat wajibah (compulsory bequest) and recognition of biological paternity—offer partial solutions, the lack of regulatory harmony continues to produce uncertainty and legal challenges. Therefore, harmonizing existing regulations is essential to ensure justice and legal certainty for interfaith families in Indonesia.
Women Protection Policy in the Concept of Syibhul ‘iddah in Indonesian Marriage Law Shofi, Muhammad; Mujiburohman, Mujiburohman
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17817

Abstract

In general, the idah period is an obligation for women, not men. However, the Circular Letter of the Director General of Islamic Community Guidance Number P-005/DJ. III/HK.00.7/10/2021 concerning Marriage in the Period of Wife Idah contains a signal that men must also wait until the end of their ex-wife's Idah period, as if they are also subject to the same waiting period as women. This research aims to analyze the legal basis of these provisions through the perspective of the Compilation of Islamic Law (KHI) and the concept of man'i syar'i according to Wahbah Al-Zuhaili. This research is a type of normative legal research with a juridical approach. Legal materials are collected through the study of documents or literature, which are then analyzed in a qualitative descriptive manner. The most important legal material analyzed is the SE Director General of Islamic Guidance No. P-005/DJ. III/HK.00.7/10/2021, KHI, and Kitab Al-Fiqh al-Islami wa Adillatuhu. This research produced two main findings. First, the third point in the Circular Letter of the Director General of Islamic Guidance contains the concept of Syibhul ‘iddah (similar to idah) which is rooted in the Compilation of Islamic Law (KHI), especially Articles 41 and 42. These articles regulate the prohibition of marrying a woman who has a marriage cord during the idah period, including the obligation to wait for a husband who has divorced his fourth wife. This concept is also in line with Wahbah al-Zuhaili's view on man'i syar'i (syar'i obstacle). However, in contrast to KHI and the opinion of Wahbah al-Zuhaili which only limits marriage to certain women, this Circular Letter prohibits the ex-husband from marrying any woman during the period of idah of his ex-wife. Second, this Circular Letter fills the void of administrative law, because previously there was no rule limiting the registration of marriages during the wife's idah period. Thus, this Circular Letter becomes a bridge between the provisions of classical fiqh and modern administrative needs, and can be understood as a form of administrative ijtihad in responding to contemporary legal needs.
Legal Protection and Prevention of Violence Against Children in Family Relations: a Comparative Study at the Religious Court and the Bandung City Police Department Hopipah, Eva Nur; Khosyi’ah, Siah
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17818

Abstract

Cases of domestic violence against children continue to increase over time, including within the family sphere. According to information derived from the PPA Symphony of the Ministry of Women's Empowerment and Child Protection, as of the initial quarter of 2023, Bandung City ranks third in terms of the highest incidence of violent cases in West Java. As many as 37 reports of acts of violence were recorded in the city of Bandung in approximately two months. So the focus regarding this matter must be paid more attention by the various parties concerned in terms of legal protection and prevention. This research uses a comparative method with the aim of comparing the Bandung Religious Court in its civil scope and the Bandung Police in terms of criminal acts. What are the preventive steps and resolution of domestic violence cases against children within the family in the city of Bandung? And the results, when compared between PA and Bandung Police, have varying data due to different absolute and relative competencies. However, in general, domestic violence cases against children in the city of Bandung are more often resolved criminally, rather than civilly, in terms of fighting over child custody after divorce.
Dynamics of Mixed Marriages: Analysis of Legal Choices, Divorce Recognition, and Implications For Children's Status in Indonesia Maulida, Noor Sipa; Al Amruzi, M. Fahmi; Hafidzi, Anwar
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17819

Abstract

Cross-border marriages are increasingly common in the era of globalization, yet they introduce legal complexities, particularly concerning choice of law, recognition of divorce, and the status of children. Key issues that frequently arise include differences in legal systems between countries, inconsistencies in determining applicable law, challenges in recognizing foreign divorce decrees in Indonesia, and legal complications related to citizenship and child custody. This research aims to analyze the principles of choice of law, the mechanisms for divorce recognition, and their implications for the legal status of children post-divorce in cross-border marriages. This study employs a normative legal method with a statutory and conceptual approach. Primary data is sourced from Law Number 1 of 1974 concerning Marriage, Law Number 12 of 2006 concerning Citizenship, Law Number 7 of 1989 concerning Religious Courts, and Algemene Bepalingen (AB). Secondary data includes references from International Private Law, journals, and articles. Data was collected through literature review and analyzed descriptively-analytically. The research findings indicate that Indonesia adopts the principles of lex loci celebrationis, lex domicilii, and lex patriae in the choice of law for cross-border marriages, with an emphasis on Article 56 of the Marriage Law and the obligation of registration. The recognition of foreign divorces is not automatically valid in Indonesia; therefore, divorces generally must be settled through Indonesian courts based on Article 73 paragraph (3) of the Religious Courts Law and Article 18 AB. The legal status of children is highly complex due to legal vacuums in the Marriage Law regarding mixed marriages, as well as the application of the ius sanguinis principle which potentially causes children to lose Indonesian citizenship or face legalization difficulties, in addition to custody and administrative issues. Therefore, more adaptive and comprehensive legislation is urgently needed to protect the best interests of children in cross-border marriages.

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