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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 Implications of Law No. 1/1974 and the Compilation of Islamic Law on The Validity of Adult Marriage in Indonesia (A Comparative Analysis of Positive Law, Islamic Law, and Customary Law in Determining the Legality of a Marriage) Yazidi, Nur Syifa; Silva, Sonia Dhea; 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.v9i2.17821

Abstract

This article highlights the legal impact of Law No. 1 of 1974 and the Compilation of Islamic Law (KHI) on the recognition of customary marriage in Indonesia, by examining the comparison between national law, Islamic law, and customary law in determining the validity of a marriage. Indonesia as a country rich in culture has a variety of customary marriage practices, which often conflict with state and religious laws, especially regarding the obligation to register marriages. Law No. 1 of 1974 states that a marriage is valid if it is carried out according to each religion and is officially registered, while the KHI also emphasizes the importance of registration for the order of Muslim administration. However, some indigenous people consider customary rituals to be sufficient to validate a marriage without the need for state registration, thus raising legal issues related to the status of their spouses and children, especially in terms of identity and inheritance rights. This study uses a normative legal method with a statutory and comparative approach, comparing the three legal systems and examining the applicable regulations. The results of the study indicate the potential for conflict and legal uncertainty due to differences in the criteria for the validity of marriage between state law, Islamic law, and customary law. Therefore, harmonization efforts are needed to create legal certainty while still respecting the cultural diversity of Indonesian society.
Comparison of Principles of Gender Equality in Burgerlijk Wetboek and Marriage Law Regarding the Rights and Obligations of Husband Wife Yoandini, Elitta; Sarah, Siti; 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.v9i2.17822

Abstract

This study examines and compares the principle of gender equality in the regulation of spousal rights and obligations as stipulated in the Burgerlijk Wetboek (Indonesian Civil Code) and Law Number 1 of 1974 on Marriage. The research applies a normative legal method with qualitative analysis. The findings indicate that the Civil Code reflects a patriarchal legal construction that places the husband as the dominant head of the family, while the wife occupies a subordinate position. In contrast, the Marriage Law embodies the spirit of family law reform in Indonesia by recognizing equal rights and status between husband and wife, although it still contains elements of traditional gender role bias. The amendment through Law Number 16 of 2019, which equalizes the minimum age for marriage, serves as an indicator of progress toward achieving gender justice. However, the implementation of these equality norms continues to face challenges from entrenched patriarchal cultural values in society. This study concludes that more substantive legal reform and social transformation are essential to realize a just and equal marital relationship.
Buying and Selling Mystical Oil According to Central Kalimantan Scholars Madina, Ahya; Rahmaniah, Amelia
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.v9i2.17823

Abstract

The trade in mystical oil is a phenomenon that exists in society, one example being in Central Kalimantan, particularly in the city of Kuala Kapuas. This practice has raised doubts among the community regarding its legitimacy. Therefore, this study aims to explore the opinions of religious scholars in Kuala Kapuas and the arguments they use. This is an empirical legal study involving interviews with five religious scholars from the Indonesian Ulema Council (MUI) and the Majelis Ta’lim. The results of the study indicate that the religious scholars are divided into two groups: the first group permits the buying and selling of mystical oil provided it meets the legal requirements of Islam, while the second group prohibits it, as it is considered to involve elements of fraud and the potential for idol worship.
Legal Considerations of Marriage Dispensation Cases For Couples That Lead to Divorce Zaidah, Yusna; Husna, Hatimul; Mubarak, 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.v9i2.17824

Abstract

Dispensation of marriage by the court is an attempt to assess the suitability and readiness of couples who are not old enough to marry. However, it turns out that the couple who married under dispensation of marriage later divorced in the same court. This phenomenon shows that there are substantive problems in judicial practice that are interesting to research with the aim of examining the legal facts / reasons for determining marriage dispensation which then divorced in the same court. By using a normative legal method with a case approach, which is based on an analysis of a copy of the marriage dispensation determination and the Religious Court's divorce decision against the same couple as the primary legal material. The results showed that there were similarities in the legal considerations put forward by judges in several marriage dispensation decisions, which indicated the use of a pattern of case handling that tended to be uniform without considering the specific conditions of each case revealed in the posit. This led to a mismatch between the legal considerations and the concrete reality of the litigants. This finding shows the inconsistency and shallowness of juridical considerations, especially in determining the existence of very urgent reasons as the basis for the feasibility of granting marriage dispensation, which had an impact on the unsettled household of the young couple and led to the filing of a case that ended with the issuance of a divorce verdict. In fact, judges should be selective, based on benefit in assessing the reasons for filing a marriage dispensation application because this assessment is the last resort to maintain the continuity of the household, so that it does not lead to divorce.
The Epistemology of Islamic Inheritance Disputes Bari, Abdul
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.v9i2.17825

Abstract

This research explores the epistemology of Islamic inheritance law in Indonesia, rooted in the Quran, Hadith, and ulama's ijtihad, yet influenced by customary and national law. Using normative legal research with literature study, it finds that inheritance disputes arise from plural legal systems and interpretive differences. An integrative approach based on maqasid al-shariah is proposed to ensure justice and civilized resolution.
Same-Sex Marriage: A Comparative Study of Indonesian, Netherlands, And American Legal Regulations and Their Socio-Legal Implications Rahman, Muhammad Ridho; Rizani, Muhammad; 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.v9i2.17826

Abstract

This research originates from the increasing global attention and public debate regarding same-sex marriage, which has sparked widespread controversy across various societies. The study seeks to provide a comparative analysis of the legal regulations on same-sex marriage in Indonesia, the Netherlands, and the United States, examining both their legal frameworks and the broader social implications that arise from them. Utilizing normative, comparative, and conceptual methodologies, the research investigates how each country approaches the issue based on its cultural norms, religious values, and constitutional commitments. In Indonesia, same-sex marriage remains unrecognized and is firmly rejected. The prevailing cultural and moral narratives in Indonesia reinforce the perception that marriage must be between a man and a woman, in accordance with religious teachings and traditional family structures. On the other hand, both the Netherlands and the United States have embraced stance by legalizing same-sex marriage. These countries view the issue through the lens of individual rights, equality before the law, and the protection of civil liberties. Their legal systems recognize same-sex unions as a fundamental expression of human dignity and freedom, aligning with broader commitments to human rights. The contrast between these legal approaches underscores how legal systems are profoundly shaped by a country's social context, ideology, and historical development. Therefore, the study highlights the importance of cultural relativism in law, emphasizing that legal interpretations and norms must be understood within the specific cultural and ideological contexts in which they exist.
Democracy Without Choice: A Legal Evaluation of the 2024 Banjarbaru Regional Election Adelia, Nisa; Maulana, Akhmad; Lestari. MS, Habibah
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.v9i2.17827

Abstract

The phenomenon of a single candidate and the absence of a blank vote option in the 2024 Banjarbaru local election has raised serious concerns about the quality of local democracy in Indonesia. Although legally valid, the limited political choice reflects a degradation of democratic substance and threatens public trust. This study aims to analyze the legal and political dynamics surrounding the case and to evaluate the legal mechanisms in place to safeguard the quality of democracy. This research uses a normative legal method with a case study approach, supported by qualitative analysis of legislation and Constitutional Court decisions. The findings indicate that elections without genuine alternatives violate the principles of participation and contestation as proposed in Robert A. Dahl's theory of polyarchy and contradict the values of public interest as outlined in Jasser Auda’s concept of maqasid shariah. Although the Constitutional Court ordered a re-vote, the legitimacy of the election process had already been undermined. In conclusion, lawful procedures alone are insufficient to ensure a fair democracy if they are not implemented inclusively and participatively. A thorough evaluation of regulations and institutional integrity is necessary to ensure that democracy is not merely procedural, but also substantive.
Recognition of Foreign Divorce Decisions in Indonesia: A Comparative Study of the Principles of Lex Loci Celebrationis and Lex Fori (A Study of How Foreign Divorce Decisions Can Be Recognized in Indonesia and the Legal Obstacles) Wahid, Luvia; Faiz, Muhammad Jamaludin; 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.v9i2.17828

Abstract

As more and more individuals enter into marriages with foreign nationals, various legal issues arise, especially when a divorce occurs abroad. In Indonesia, divorce decisions made by foreign courts do not take effect immediately. There are provisions that require the decision to be recognized first by the courts in Indonesia through a process called execution. This article discusses the steps for a foreign divorce decree to be recognized in Indonesia by comparing two legal principles, namely lex loci celebrationis  (the law of the place where the marriage took place) and lex fori (the law of the country where the court is located). From the analysis conducted, it appears that Indonesia mostly refers to the lex fori principle, which makes Indonesian law the main reference. However, there are several obstacles faced, such as the lack of legal cooperation between countries, differences in regulations, and conditions that may be difficult to fulfill by foreign judgments. This research recommends that Indonesia establish stricter regulations and strengthen international legal cooperation to provide legal certainty for those who experience cross-border divorce.  
Corporate Social Responsibility (CSR) As Post-Mining Environmental Protection: An Integrative Normative Study Between Environmental Fiqh and Positive Law In Indonesia Mustangin, Muhammad
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.v9i2.17832

Abstract

Corporate Social Responsibility (CSR) in the mining sector has become an important instrument in efforts to protect and preserve the environment. This article aims to examine normatively integratively how CSR is positioned within the framework of Indonesian positive law and environmental fiqh as a form of social and ecological responsibility of mining companies. The research method used is normative research. This article finds that in national law, CSR is regulated in Law No. 40 of 2007 concerning Limited Liability Companies and its derivative law in the form of PP No. 47 of 2012 concerning Social and Environmental Responsibility of Limited Liability Companies. On the other hand, environmental fiqh offers moral and ethical foundations based on maqashid sharia that emphasizes the prohibition of damage (ifsad) and the obligation to maintain the balance of nature hifdz al-bi'ah). Integration between these two normative systems can form a paradigm of environmental protection that is not only legal-formal, but also spiritual-ethical. This article recommends strengthening the CSR of mining companies with an Islamic values approach to create ecological justice and environmental sustainability.  
Gender Analysis of Iddah and Ihdad as Instruments of Justice-Oriented Islamic Social Education Hidayati, Lailatul; Habibi, Mukhlas
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.v9i2.17834

Abstract

This study aims to analyze the Islamic concepts of iddah (waiting period) and ihdad (mourning period) using a gender approach within the framework of Islamic social education. The central focus of the research is to explore how legal provisions related to a woman’s waiting period after divorce or the death of her husband can be interpreted more justly, reflectively, and educationally. The research subjects include Qur’anic verses and hadiths related to iddah and ihdad, as well as the works of contemporary Muslim scholars who advocate for gender justice in Islamic thought. This qualitative research employs a library research method with descriptive-critical analysis techniques, drawing on primary sources such as classical tafsir, Islamic jurisprudence (fiqh), and hadith collections, alongside contemporary academic literature and gender-focused Islamic scholarship. The findings reveal that iddah and ihdad are not merely normative legal constructs, but also contain rich educational and social values such as protection, emotional reflection, respect for marital bonds, and social responsibility toward women. The gender approach offers a progressive interpretive lens that recontextualizes these laws to promote relational justice and ethical equilibrium. This study recommends that Islamic education should incorporate gender-sensitive interpretations of fiqh in order to cultivate a more humane, contextual, and transformative understanding of Islamic law. This study offers a novel synthesis of gender-sensitive hermeneutics and Islamic social education, shedding new light on the ethical and educational dimensions of women’s post-marital rights in Islam.

Page 15 of 18 | Total Record : 174

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