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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 177 Documents
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Problems Of Copyright Protection For Artificial Intelligence (AI) Works: A Study Of Legal Voids In Viral Cases Of Digital Creators Anisa, Anisa; Septia, Sya’baniatie Ninda
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.v9i3.18074

Abstract

Advances in artificial intelligence (AI) technology, particularly generative AI, have produced digital works that resemble human creations. However, Law Number 28 of 2014 on Copyright does not expressly regulate the legal status of AI-generated works or human contributions through prompts, resulting in a legal voids. This research examines the problem of copyright protection for AI-produced works from the perspective of Indonesian law. The discussion focuses on the legal status of prompts as expressions of ideas, the role of creators within the current legal framework, and the urgency of reforming the Copyright Law to face digital era challenges. This urgency is underscored by the growing number of cases involving unauthorized commercial use of AI works, such as the viral case between independent creator Noxxa and game company Garena. This study employs a qualitative approach using a normative juridical method, analyzing relevant laws in Indonesia and several other countries. The findings indicate that although AI-generated works are not directly protected, human contributions through original prompts can fulfill the requirement of originality and deserve copyright protection. Therefore, legal reform is needed to accommodate technological developments and ensure fair, proportional protection for works involving AI.
The Practice of Muhallil Marriage as a Legal Loophole in The Enforcement of Islamic Family Law in Indonesia Kusuma Putri, Kristiani Virgi; Jannah, Hilda Rahmatul; Wulandari, Niken Retno; Maulana, Moch. Ahsin; Setiawan, Regina Farah
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.v9i3.18079

Abstract

Marital conflicts may lead to divorce, and after a third talaq, reconciliation is only lawful through nikah muhallil. Although valid if meeting legal requirements, the Prophet Muhammad (PBUH) condemned this practice when done merely to allow remarriage with a former husband, as it opposes the true purpose of marriage. This normative juridical study analyzes Indonesian Islamic family law enforcement concerning nikah muhallil using statutory and ushul fiqh approaches. Findings reveal that while Al-Baqarah 2:230 is often cited to justify nikah muhallil, its misuse legitimizes contractual marriages that undermine women’s dignity and the noble aims of marriage (maqashid al-nikah). Currently, Indonesian law does not explicitly regulate this practice. Existing laws—such as the Marriage Law and the Compilation of Islamic Law (KHI)—stress marriage’s goal of building a lasting, harmonious family. However, due to legal gaps, nikah muhallil still occurs in areas like Padarincang, Kampar, and Muko Muko Bathin VII. Therefore, reformulating the KHI to explicitly prohibit nikah muhallil and strengthening premarital education are essential to preserve the sanctity and justice of marriage.
Convergence and Divergence of Same-Sex Marriage Policies (A Comparative Study of Constitutional and Administration Law in Three Core Countries of the European Union) Amania, Malinda Hafizaturrizqo; Yazidi, Nur Syifa
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.v9i3.18081

Abstract

Same-sex marriage has become one of the most prominent legal and social issues in recent decades, particularly within the European Union, which upholds the principles of non-discrimination and social integration. The Netherlands, France and Germany three core EU member states have all legalized same-sex marriage, yet each through different legal and policy trajectories. This article aims to examine the convergence and divergence of same-sex marriage policies in these countries through a constitutional and administrative law approach. Using a normative juridical method and comparative legal analysis, the study explores how domestic legal frameworks and sociopolitical dynamics shape the regulation of same-sex marriage. The findings indicate that although all three countries now recognize same-sex couples equally under the law, their legislative pathways, earlier forms of legal partnerships (such as registered partnerships and PACS) and their responses to social challenges such as discrimination reflect the distinct legal cultures and constitutional settings of each country. This shows that similar legal outcomes do not always emerge from identical processes, and that local factors continue to play a significant role in shaping legal policy, even in matters of global relevance like same-sex marriage.
BABILANGAN: THE TRADITION OF BANJARESE PEOPLE BEFORE MARRIAGE IN FIQH MUWAZANAH PERSPECTIVE Wafi, Akhmad; Muzainah, Gusti; Siti Maghfirah; Nur Hikmah
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.v9i3.17728

Abstract

The custom of "Babilangan" is a tradition of the Banjar people who calculate the value of Arabic letters in the name of the bride-to-be to predict the compatibility and harmony of the household. This tradition reflects prudence in choosing a partner with the aim of avoiding potential disharmony in the marriage. However, the results of Banjar's prophecy often influenced the decision to get married, even to the point of canceling the wedding plan if it was considered unsuitable. From the perspective of muwazanah jurisprudence, this custom raises a controversy between the real benefits of marriage, such as maintaining offspring and carrying out the Sunnah of the Prophet, and the bad impact that is possibility of divorce. This study, which uses a normative legal method with a fiqh approach to the rules, assesses that the real benefits of marriage are more important than the alleged bad impact of predicted. The rules of fiqh state, "Definite benefits should not be abandoned because of the alleged mafsadah." Therefore, while Babilangan is useful as a measure of estimation, the decision to get married should not depend entirely on the outcome of the prophecy. Brides-to-be are advised to consider mental, financial, and religious readiness in choosing a partner, because these aspects are more relevant in realizing a harmonious household according to Islamic law. With this approach, the Babilangan tradition can be preserved as part of local wisdom without putting aside religious principles.
Reconstructing Islamic Intellectual Traditions in Modern Scholarship: Textual Hermeneutics, Historical Context, and Epistemological Transformation Tetiana Kolomoiets; Yevhen Leheza
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 10 No. 1 (2026)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v10i1.20143

Abstract

Contemporary Islamic scholarship is undergoing a major transformation as it navigates tensions between preserving classical traditions and adapting to modern contexts. This shift reflects both growing epistemological pluralism and an urgent need for methodological reconstruction. Scholars seek to integrate historical consciousness with contemporary frameworks while maintaining doctrinal fidelity through approaches such as neo-ijtihad and contextual hermeneutics. This study examines how Islamic intellectual traditions can remain rigorous, historically grounded, and contextually relevant. It focuses on the methodological gap between classical jurisprudence and modern hermeneutical practices. The research aims to map the evolution of interpretive methodologies, analyze shifts in textual interpretation, and identify epistemological frameworks that support reconstruction. A qualitative approach is employed, using textual hermeneutics, comparative analysis, and historical-contextual examination. Primary sources include classical jurisprudential works and modern interpretations, while secondary sources consist of academic literature. Data analysis is conducted through thematic coding and cross-textual comparison. The findings show that reconstruction occurs through methodological innovation, integration of historical awareness, and acceptance of epistemological pluralism. Contemporary approaches synthesize traditional jurisprudence with modern knowledge systems. In conclusion, Islamic intellectual traditions demonstrate adaptive capacity through creative engagement with their inherent flexibility. Strengthening collaborative ijtihad, interdisciplinary training, and evaluative frameworks is essential for addressing contemporary ethical, legal, and social challenges.
Negotiating Authority Between State Law and Islamic Normativity: A Comparative Socio-Legal Study of Religious Governance in Contemporary Muslim Societies Wahyu Fitriannor; Nor Fadhila; Ilham Muhajir
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 10 No. 1 (2026)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v10i1.20144

Abstract

Contemporary Muslim societies face an ongoing tension concerning the legitimacy of authority between state law and Islamic normative systems in regulating religious and family affairs. This dynamic has generated jurisdictional overlaps that challenge legal coherence while simultaneously fostering institutional negotiation rather than absolute dominance by any single authority. Recent developments indicate a shift from rigid dualism toward complex legal pluralism in which state institutions, religious courts, and customary authorities operate concurrently. Such conditions necessitate governance innovations capable of preserving legal certainty and institutional legitimacy through integrative regulatory approaches.This study is grounded in legal pluralism theory, social contract perspectives on state–citizen relations, and authority theory addressing the construction of legitimacy. These frameworks suggest that state law and Islamic normativity are not inherently contradictory but can be harmonized through negotiated institutional arrangements. Critical legal analysis further indicates that authority is shaped through discourse, institutional positioning, and stakeholder interaction rather than existing as a fixed attribute.The research investigates how contemporary Muslim-majority societies negotiate jurisdictional boundaries between state legal systems and Islamic normative frameworks, identifies mechanisms enabling coexistence without hierarchical supremacy, and examines how legitimacy is constructed among competing institutions. It aims to map comparative patterns of authority negotiation across Indonesia, Malaysia, and Aceh, analyze institutional mechanisms that sustain coexistence, and assess outcomes related to justice, legal certainty, and citizen agency.Using a comparative socio-legal methodology, the study analyzes statutory regulations, judicial decisions, and institutional practices across three jurisdictions representing distinct models of legal pluralism. The primary dataset consists of 120 court decisions from religious and state courts issued between 2020 and 2025, supported by institutional documents and secondary scholarship on plural legal systems and state–religion relations.Findings demonstrate that authority negotiation functions through institutional interdependence rather than zero-sum competition. Religious courts exercise shared jurisdiction through mechanisms such as alternative dispute resolution, jurisdictional deference, and coordinated interpretation. State legal frameworks incorporate Islamic normativity through codification, constitutional acknowledgment, and judicial recognition of religious principles. Citizens actively navigate multiple legal forums, selecting institutional venues according to perceived legitimacy and expected outcomes.The study concludes that contemporary Muslim societies can sustain dual legal systems through negotiated authority structures instead of unified hierarchies. Nonetheless, ambiguity remains in jurisdictional boundary areas that require clarification. Policy recommendations include strengthening legislative definitions of jurisdiction, enhancing inter-institutional coordination, improving judicial capacity for managing plural legal systems, and ensuring transparency in forum selection. Recognizing legal pluralism as a structural characteristic rather than a temporary anomaly is essential for effective governance in Muslim-majority contexts.
Islamic Ethical Frameworks and Institutional Trust: Empirical Analysis of Moral Economy Practices in Muslim Community Development Nadiyah Nadiyah; Inawati Mohammad Jainie Jarajap; Diana Rahmi; Sa'adah Sa'adah; Farihatni Mulyati
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 10 No. 1 (2026)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v10i1.20145

Abstract

Contemporary Muslim societies face a critical gap between Islamic ethical principles and actual institutional practices in community development. This situation has intensified demand for values-driven financial and organizational systems that move beyond formal Shariah compliance to promote justice, sustainability, and social welfare. Recent institutional transformations indicate that Islamic organizations are increasingly embedding ethical frameworks into their operations, yet empirical validation is still needed to confirm whether explicit moral economy mechanisms can strengthen institutional trust. In this context, Maqasid al-Shariah offers a relevant framework for redesigning governance structures and social finance instruments. Grounded in Maqasid al-Shariah, which prioritizes the protection of faith, life, intellect, lineage, and wealth, this study examines whether institutional trust in Muslim community development organizations increases when explicit Islamic ethical frameworks guide organizational practice. It also investigates how such frameworks are institutionalized, how moral economy practices relate to trust levels, and what mechanisms strengthen stakeholder confidence. This study employs a mixed-methods design combining qualitative case studies and quantitative survey analysis. Primary data were collected through 25 in-depth interviews with organizational leaders, Shariah scholars, and community members, along with focus group discussions in three Indonesian regions. Secondary data include organizational documents, financial reports, and governance records. Quantitative data from 320 community members were analyzed using structured questionnaires and exploratory factor analysis. The findings show that Islamic ethical frameworks significantly strengthen institutional trust when systematically embedded in organizational structures. Organizations integrating Maqasid al-Shariah principles recorded 45% higher trust scores than conventionally managed institutions. Transparent zakat management, participatory decision-making, and value-based intermediation also improved stakeholder engagement. In conclusion, Islamic ethical frameworks function effectively as trust-building mechanisms when institutionalized through explicit governance structures, making moral economy a viable alternative to purely market-driven approaches.

Page 18 of 18 | Total Record : 177

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