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Anwar Hafidzi
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INDONESIA
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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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.

Page 18 of 18 | Total Record : 174

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