cover
Contact Name
Anwar Hafidzi
Contact Email
prodi.htn@uin-antasari.ac.id
Phone
+6285251295964
Journal Mail Official
anwar.hafidzi@uin-antasari.ac.id
Editorial Address
Jalan Ahmad Yani Km. 4.5 Banjarmasin
Location
Kota banjarbaru,
Kalimantan selatan
INDONESIA
Journal of Islamic and Law Studies (JILS)
ISSN : 26568683     EISSN : 26568683     DOI : 10.18592/jils.v5i1.4577
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
OPTIMIZATION OF WASTE BANK AND MAGGOT CULTIVATION AS A SOLUTION TO ENVIRONMENTAL CONSERVATION BASED ON THE PRINCIPLE OF HIFDZUL BI'AH Nurullah, Ahmad Rizkhan; Abidin, Zainul; Ramadhan, Novia
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.v9i2.17850

Abstract

The phenomenon of environmental degradation is increasingly alarming, characterized by high pollution and poor waste management. In Indonesia, more than 65 million tons of waste are generated every year, most of which have not been managed properly. Environmental conservation concepts, such as Waste Bank and maggot cultivation, can be a solution. Waste Bank manages recycled waste, while Black Soldier Fly (BSF) maggot decomposes organic waste, produces fertilizer, and reduces waste volume. The principle of hifdzul bi'ah in Islam supports this effort to maintain the balance of nature and improve the quality of life. This research uses a qualitative method that is a literature study. After being analyzed through the study of relevant literature, the author then classifies based on the subtitles contained in the discussion points. The results of this study show that the application of the principle of hifdzul bi'ah in the management of Waste Bank and maggot cultivation can be seen from the community's efforts by establishing Waste Bank, the community practices waste sorting as a form of concern for the environment in accordance with the values of hifdzul bi'ah. Similarly, the use of maggot in decomposing organic waste is not only a practical solution, but also reflects awareness of the importance of managing waste without damaging the ecosystem. This synergy has a positive impact on the environment, such as reducing waste to landfill, reducing pollution, and reducing methane emissions from organic waste.
The Role of Artificial Intelligence in Diviorce Proceedings in the Netherlands: A Legal Analysis Based on Islamic Legal Principles Septia , Sya’baniatie Ninda
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.v9i2.17851

Abstract

AI chatbots in divorce cases in the Netherlands offer efficiency but fall short in ensuring justice (al-‘adl), consultation (shura), and the protection of spousal rights in Islamic law. This study highlights the need for human involvement and adherence to shar‘i values to ensure divorce processes are not only legally valid but also substantively and ethically just.
Rethinking Hadhanah: Child Labor and Custodial Crisis in Banjarmasin’s Islamic Legal Response Syahrida, Syahrida; Wakhidah , Nur; Suryadi, Budi; Nazir , 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.v9i2.17852

Abstract

The prevalence of child labor in Banjarmasin has significantly disrupted established interpretations of hadhanah under Islamic family law, exposing a complex intersection of doctrinal mandates, cultural expectations, and economic hardship. This study explored the extent to which child labor reconfigures custodial responsibilities and how local moral governance informs the ethical realignment of hadhanah within Banjarmasin’s socio-legal framework. Fieldwork was carried out in both urban and peri-urban settings across Banjarmasin, South Kalimantan, Indonesia, where child labor is not only widespread but often socially legitimized. Employing a qualitative methodology, the research gathered data through in-depth interviews, direct observations, and document review conducted between March and July 2025. Participants included working children, their families, religious authorities, community leaders, and judges from Islamic family courts. Data were interpreted using Creswell’s tripartite process of reduction, display, and verification. The findings demonstrate that economic pressures have redefined hadhanah, positioning children as economic actors in contexts traditionally defined by adult custodianship. In response, local actors mobilized culturally embedded ethical frameworks and religious values to resolve custody-related tensions, often compensating for inadequate formal legal interventions. The study concludes that hadhanah is undergoing a locally negotiated transformation, revealing the dynamic adaptability of Islamic legal norms and highlighting the potential for incorporating community-based ethics into state custodial practices.
TINJAUAN PSIKOLOGI HUKUM DAN GENDER TERHADAP PERAN SUAMI ISTRI DALAM RUMAH TANGGA (STUDI UNDANG-UNDANG PERKAWINAN DAN KOMPILASI HUKUM ISLAM) Salwa, Dona
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 1 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i1.15620

Abstract

Penelitian ini menganalisis peran suami dan istri dalam rumah tangga dari perspektif psikologi hukum dan gender dengan merujuk pada Undang-Undang Perkawinan dan Kompilasi Hukum Islam (KHI. Kajian ini bertujuan untuk memahami bahwa ketentuan hukum Islam tidak menunjukkan dominasi laki-laki dalam membangun rumah tangga, melainkan mendorong sinergi antara suami dan istri melalui pembagian peran yang adil dan saling melengkapi. Metode penelitian ini menggunakan pendekatan normatif dengan analisis deskriptif kualitatif berdasarkan data sekunder dari literatur terkait. Hasil penelitian menegaskan bahwa Islam, melalui ajaran Al-Qur’an dan hadis, memberikan peluang bagi laki-laki dan perempuan untuk bersama-sama menciptakan keluarga yang harmonis, berkeadilan, dan berorientasi pada kesejahteraan dunia dan akhirat. Pendekatan psikologi hukum menggarisbawahi tanggung jawab moral dan legal suami sebagai pemimpin keluarga yang melindungi dan memenuhi kebutuhan keluarga, serta peran strategis istri dalam mengelola rumah tangga dan mendidik anak-anak. Perspektif gender menunjukkan bahwa hubungan suami-istri seharusnya didasarkan pada prinsip kesetaraan dan kerja sama untuk mencapai kehidupan keluarga yang sakinah, mawaddah, dan rahmah.
The Implementation of Al-‘Adl Method According to Muhammad Yusuf Al-Qaradhawi in the Context of Contemporary Islamic Family Law: Implementasi Metode Al-‘Adl Menurut Yusuf al-Qardhawi Dalam Konteks Hukum Keluarga Islam Kontemporer Salsabila, Saila; Sholihin, Rahmat
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 1 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i1.15830

Abstract

Dr. Muhammad Yusuf al-Qaradhawi is a famous scholar who was born in western Egypt in 1926. He studied at al-Azhar University and productively wrote many works in various fields using the al-'Adl method as one of the significant contributions to the advancement of science. The al-'Adl method is a concept based on the Qur'an and Sunnah with a strong methodological framework and is able to produce a logical balance model (al-Tazawun) according to the size, scale of the tasyri' spirit and human ratio. Al-'Adl is a characteristic of al-Qaradhawi's view with an emphasis on the priority of actions that are in line with the Qur'an and its evidence, participating in opening up thinking, correcting its methodology and laying a strong foundation for the development of fiqh as the will of the Qur'an. This research uses a literature study method with a qualitative approach to examine the al-'Adl method and its application in the context of contemporary family law. The results of the study show that al-Qaradhawi provides answers to various problems of Islamic family law in the form of contemporary fatwas using the ijtihad al-'Adl method in his book entitled Hadyul Islam Fatawi Muashirah. Some of the issues that are of concern in this study include: The law of dowry and its wisdom, the law of marrying a former mother in law whose child has not been intimate with, the problem of the amount of inheritance, inheritance for disobedient children, and the amount of milk that prohibits marriage. al-'Adl reflects the alignment of Islamic law with the spirit of justice and balance.
Nikah Misyar Perspective Of Women And Child Protection Law Mariani, Mariani
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.18006

Abstract

Marriage in Islam is conceived as a mitsaqan ghalizha (a solemn covenant) intended to establish a harmonious family characterized by sakinah (tranquility), mawaddah (love), and rahmah (compassion). However, contemporary social dynamics have introduced alternative marriage practices, one of which is Nikah Misyar. In this arrangement, typically the wife voluntarily waives certain rights such as financial maintenance, housing, or a turn in polygamy. While often motivated by professional obligations, geographical separation, or social considerations, this practice has raised concerns for its potential to undermine women’s and children’s rights as well as broader moral and social values. This study adopts a qualitative method with a normative and descriptive-analytical approach to examine Nikah Misyar from the perspective of Indonesian law on the protection of women and children, alongside its social and psychological implications. The findings reveal that although Nikah Misyar may be valid under Islamic law if the essential pillars and conditions are met and properly registered, it risks contravening legal principles of protection. In particular, women’s and children’s rights to maintenance and custody are highly vulnerable, as the voluntary waiver of such rights lacks a strong legal mechanism for future enforcement.
STANDARISASI PRODUK KEUANGAN SYARIAH TINGKAT NASIONAL DAN INTERNASIONAL Hasbulloh, Achmad Shobirin; Dibaj, Muhammad Syarif; Rahmaniah, Amelia
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 1 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i1.18061

Abstract

This paper discusses the standardisation of Islamic financial products at the national and international levels to reveal what needs to be done to achieve standardisation of Islamic financial products at the national and international levels and how to ensure that Islamic financial products meet the established standards. This type of research is library research with a qualitative approach. Islamic financial products are products based on Islamic economic principles. Standardisation can be defined as the process of developing and implementing standards to ensure consistency, quality, and suitability of products. In the context of Islamic finance, the purpose of standardisation is to create a clear and transparent framework that can be followed by all Islamic industry players so that Islamic financial products and services are in line with Islamic principles, banking regulations, and market needs. According to the author, the way to achieve standardisation of Islamic financial products at the national and international levels is by establishing binding rules for all Islamic financial institutions that comply with Islamic principles, banking regulations, and market needs. To ensure that Islamic financial products meet Sharia standards and compliance, the Sharia Supervisory Board (SSB) must perform effectively. The author recommends that Muslims support Islamic financial institutions, even though in practice there are still some
The Authority Of Notaries In Making Prenuptial Agreement Deeds: A Study Of The Dimensions Of Professional Ethics Mubarak, Ahmad
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.18069

Abstract

A prenuptial agreement is an important legal instrument to protect property rights in marriage, the making of which requires an authentic deed by a Notary. This authority is regulated in UUJN and Marriage Law, and requires compliance with professional ethics. This study aims to examine the authority of Notary and the application of professional ethics in the making of the deed. Using normative legal research methods, this study highlights the role of Notary as not only a deed maker, but also a guardian of the principles of justice, free will and impartiality. It is found that the practice in the field often faces ethical challenges such as inequality of bargaining position and potential conflict of interest. Therefore, ethical capacity building, strict due diligence, and strong professional supervision are needed to maintain the legal and moral legitimacy of deeds.
Istinbat Law of Ru'yah al-Hilāl of The PBNU Falakiyah Institute (Study on The Cancellation of Istikmal In The Month Of Jumadil Awal 1438 H/2017 M) Ashidiqi, Iqnaul Umam; Abdul Haq, M. Adib
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.18070

Abstract

Determination of the beginning of the month of Jumadil Akhir 1438 H, the position of the hilal based on hisab at an altitude of 7˚08' - 8˚51'in Indonesia no one managed to see the hilal. Therefore, the beginning of Jumadil Akhir 1438 H was decided on March 1, 2017 on the basis of ikmal / istikmal. On Tuesday, March 28, 2017, there was a rukyat report in Pelabuhan Ratu of the hilal at 3˚27' and in Condrodipo Gresik, at 3˚17' there was a person who saw the hilal and his report was accepted, resulting in the istikmal of the month of Jumadil Awal being canceled. The purpose of this study is to reveal the legal istinbāṭ of the cancellation of ikmal / istikmal in the month of Jumadil Awal 1438 AH / 2017 AD. This research uses a library research method which is included in the qualitative type with an evaluative descriptive approach, which means that the author seeks to reveal and understand the implementation of ru'yah al-hilal in the perspective of the PBNU LF in the case of a Study on the Cancellation of Istikmal in the Month of Jumadil Awal 1438 H / 2017 AD). The conclusion of the legal istinbāṭ used and referred to by the PBNU LF is through the results of the NU XXXIV Congress in Lampung. Contradictions between material and formal provisions in the Hijri calendar can also occur. In order to unravel the problem of contradictions in the lunar calendar, the LF PBNU uses the al-Tarjih method as a solution.
Legal Protection For Foreign Climbers in Mountain Conservation Areas: A Comparative Study of Indonesia and Several Countries Listiana, Novy
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.18071

Abstract

The case of the death of a foreign tourist from Brazil on Mount Rinjani Indonesia is a concern considering that the mountain that is a tourist destination is a Conservation Area. Indonesian citizens and Brazilian citizens give each other opinions regarding the security provided by the Indonesian Government to protect foreign tourists. This study analyzes and compares how the legal protection framework for foreign climbers in Indonesia's mountainous conservation areas with several other countries. The main objective is to identify best practices and recommend things that are considered necessary in Indonesia. The research method used was normative research with a comparative legal approach, by choosing Mount Rinjani in Indonesia as the main case study, Mount Kinabalu (Malaysia), Mount Fuji (Japan), and Mount Cook (New Zealand) as comparisons. The results of the study show that although Indonesia has an indirect legal basis that can be used as legal protection for foreign citizen climbers, the provisions of guide and insurance obligations in Indonesia have not been integrated, to show a more proactive approach in risk mitigation and financial handling of accidents. This study recommends the refinement of guide regulations and a clearer role of insurance to improve the legal protection of foreign climbers in Indonesia.