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M. Roem Syibly
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INDONESIA
al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Published by Universitas Islam Indonesia
ISSN : 26561654     EISSN : 2656193X     DOI : 10.20885/mawarid
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences
al-Mawarid: Jurnal Syariah & Hukum is a peer-reviewed journal published two times a year (February and August) by the Department of Ahwal Syakhshiyah, Faculty of Islamic Studies, Universitas Islam Indonesia, Yogyakarta, Indonesia. Formerly, first published in 1993, al-Mawarid was initially published as Al-Mawarid: Jurnal Hukum Islam, an Indonesian bi-annual journal on Islamic Law. Since 2019, to enlarge its scope, this journal transforms its name to al-Mawarid: Jurnal Syariah dan Hukum. al-Mawarid warmly welcomes graduate students, academicians, and practitioners to analytically discuss and deeply explore new issues in relation to the improvement of shariah and law challenges and beyond.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 97 Documents
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PROTECTION OF CHILDREN FROM DOMESTIC VIOLENCE: A COMPARATIVE STUDY OF ISLAMIC LAW AND POSITIVE LAW IN INDONESIA Eva Fadhilah; Öğretim Üyesi Büşra Nur DURAN; Pitrotussaadah
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art7

Abstract

Purpose - This study aims to examine and compare the principles of child protection in Islamic and positive law in Indonesia, focusing on the handling and prevention of violence against children within the family. The significance of this research lies in the increasing number of child abuse cases, particularly within the household, which indicates a gap between existing legal norms and social realities. Method - This study used a qualitative approach with a normative juridical method. Data were collected through a literature review, including primary sources (the Qur’an, Sunnah and Statutory regulations) and secondary sources (classical books and scholarly journals). Findings - Islamic law firmly rejects all forms of violence against children through principles contained in the texts and the concept of Maqāṣid al-Usrah, which provides guidance for child protection from conception to adulthood. Positive law regulates child protection through Law No. 35 of 2014, which covers investigations, court proceedings, victim rehabilitation, and prevention through education and child protection institutions. The implementation of both legal systems is hindered by differing interpretations and cultural influences on the law. Research Contribution/Limitations-This study provides a comparative overview of the relevance of child protection principles in Indonesia, but is limited to literature-based research. Originality/Value-This research enriches child protection studies by integrating Islamic and positive legal perspectives as academic and practical references for child protection.
THE CHILDFREE PHENOMENON IN JAPAN: AN ANALYTICAL STUDY FROM A CONTEMPORARY ISLAMIC LEGAL PERSPECTIVE Khanan Saputra; Noor Kholifah Hidayati
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art4

Abstract

Purpose – This study aims to explore the childfree phenomenon prevalent in Japan. From year to year, Japan continues to experience a decline in birth rates, which makes it an interesting country to study. From the phenomenon occurring in Japan, the author also wants to find out how the childfree issue is becoming more widespread in Japan, how Islamic law responds to this issue, and how ethics views it. Methods – This research uses the literature study research method, so this research is complemented by various pre-existing sources and thus can strengthen the data. The research data were obtained from books, articles, and other writings related to the topic of the problem. Findings – Japan has experienced a decline in birth rates since the 1970s, which has been exacerbated by the emergence of the childfree trend among the younger generation. Economic factors are the reason many young people choose not to have children. In addition, philosophical views related to living a freer life without traditional pressures or social norms that demand a brilliant life, which creates its own burden, also influence this decision. In Islamic law, the practice of childfree by aborting a fetus after four months of pregnancy is prohibited. However, Islam itself is a religion that respects the sanctity of children, as children are the next generation who will become Khalifah on this earth. Research contribution/limitations – This study’s results provide insight into the childfree phenomenon that is rampant in Japan from the perspective of Islamic law. However, this research also has limitations, as the method used is limited to a literature study without going directly to the field. Originality/value – This research adds references related to childfree from the perspective of Islamic law, where childfree itself is a contemporary study whose practices have been rampant; therefore, Islamic law also offers answers.
A CONTEMPORARY ISLAMIC LEGAL REVIEW OF MUḌĀRABAH CONTRACTS BASED ON THE DSN-MUI FATWA Hamdan Fathurrahman; Nofrianto; Yuke Rahmawati; Fadli Daud Abdullah; Syahid Mujahid Wiwaha
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art8

Abstract

Purpose: This study aims to review the muḍārabah contract from a contemporary Islamic legal perspective, particularly through the fatwas of the National Sharia Council (DSN-MUI), given its strategic role in Islamic financing practices in Indonesia. This study aims to analyze the development of the muḍārabah concept from a classical fiqh understanding to a more contextual and systematic regulation, as outlined in the DSN-MUI fatwas. Method - This study uses a qualitative research method with a normative-juridical approach, analyzing classical fiqh texts, contemporary literature, and DSN-MUI fatwas related to muḍārabah. Findings - The research findings show that although the basic concept of muḍārabah in Islamic jurisprudence emphasizes the principle of profit-sharing and full responsibility for losses on the part of the owner of the capital, the National Sharia Council (DSN-MUI) has developed it through more systematic regulations, such as recognizing legal entities as parties to the contract, guarantee mechanisms under certain conditions, and adapting muḍārabah to modern financial instruments such as sukuk, convertible bonds, and Islamic insurance. Research Contribution–This study provides a comprehensive understanding of the transformation of the muḍārabah contract from a classical concept to the context of Indonesian Islamic economic law. The limitation of this research lies in its limited focus on DSN-MUI fatwas without exploring their practical implementation in Islamic financial institutions. Originality: This study’s originality lies in its attempt to critically connect classical fiqh studies with contemporary fatwas, thereby enriching Islamic legal discourse in responding to modern challenges.
FATWĀ IN CONTEMPORARY ISLAMIC JUDICIARY: THE ACCOMMODATION OF MUI FATWĀ AMONG JUDGES OF INDONESIAN RELIGIOUS COURT Abdullah Jarir; Nina Chairina; Masduki; Abdul Rahim Hakimi
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art9

Abstract

Purpose – This study focuses on the extent to which the application of MUI ( Council of Indonesian Ulama) fatwā in the Indonesian Religious Court, particularly in the context of Islamic family law. This issue has led to discursive debates between Indonesian ʿUlamāʾ and some scholars.  Some argue that fatwā is not binding because it is not a legal source and there is no fatwā in the hierarchy of Indonesia’s legal system. However, MUI fatwās have been used as a legal basis for decisions related to Islamic family law in the Indonesian Religious Court. Method - This research uses sociological jurisprudence as a method for inquiry. This method is based on normative legal research. However, it does not discuss the legal system or regulation; nevertheless, it observes the reactions and interactions that occur in society when the regulation is enforced.  Findings – This study concluded that although MUI fatwā is not binding in the Indonesian Legal system, the judges of the Indonesian Religious Court have considered the MUI fatwā as a legal basis in rendering decisions relating to Islamic family law. In other words, the fatwās issued by the Majelis Ulama, which have been used as a legal basis by judges in the Religious Courts for several cases related to Islamic family law in Indonesia, will shift. The issues mentioned deal with the legal status of children out of wedlock, child adoption, interfaith marriage, and Ahmadiyah followers. Research contribution – This study reveals the role of MUI fatwas as a non-formal source of legal legitimacy that, while not legally binding, continues to influence judicial practices in Indonesian Religious Courts concerning Islamic family law. Originality/value – The value of this research rests in its ability to demonstrate the dynamic interaction between religious authority and the positive legal system, thereby opening a broader discourse on the integration of fatwas into national legal practice.
ISLAMIC FAMILY MEDIATION IN SOUTHEAST ASIA: AN ANALYSIS OF CULTURAL LEGITIMACY, LEGAL STRUCTURE, AND CONTEMPORARY DYNAMICS IN INDONESIA AND MALAYSIA Rahma Khofifah Khoirun Umah; Nur Fadhilah; M. Darin Arif Mu'allifin
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art5

Abstract

Purpose – This study examines the legal framework and institutional practices of family dispute mediation in Indonesia and Malaysia within the context of Islamic family law. This study aims to evaluate how legal pluralism, religious values, and cultural norms shape the implementation and effectiveness of mediation mechanisms in both countries by comparing the effectiveness of the regulation and implementation of family mediation in Indonesia and Malaysia, highlighting Indonesia's reliance on mediation and Malaysia's reliance on the Majlis Sulh. Methods – This study employs a qualitative legal methodology with doctrinal, comparative, and empirical approaches. The regulations compared include PERMA No. 1 of 2016 and related regulations in Indonesia, as well as the Islamic Family Law Act 1984 (Act 303) and Kaedah-Kaedah Sulh in Malaysia. The analysis examines the legal framework, institutions, and implementation of family mediation, supported by institutional data from the Supreme Court of the Republic of Indonesia (2022) and the Malaysian Sharia Judicial Department (2020). Findings – The findings reveal significant contrasts: while Indonesia relies heavily on court-annexed mediation led by judges, Malaysia has institutionalized Sulh through the Syariah Court's Majlis Sulh, featuring trained officers and standardized procedures. In Indonesia, mandatory mediation often lacks adequate screening for domestic violence, which raises ethical concerns. Conversely, Malaysia's structured system demonstrates greater procedural integrity and role clarity. Cultural and psychosocial dimensions further influence the outcomes. Community-based models in Indonesia emphasize negotiated resolutions, whereas Malaysia prioritizes religious legitimacy and professionalization. The role of psychosocial professionals and child-inclusive practices emerged as vital elements for increasing effectiveness. Legal culture, public trust, and the institutional environment also determine how mediation is perceived and practiced, with Malaysia benefiting from clearer legal demarcation. Research contribution/limitations – This study contributes to the growing body of literature on Islamic legal pluralism and non-adversarial justice by identifying the institutional, cultural, and ethical factors that enhance or constrain mediation in Muslim-majority contexts.
THE IMPACT OF DIVORCE IN CONTEMPORARY ISLAMIC LAW: CHILDREN'S RIGHTS AND PARENTS' OBLIGATIONS AFTER DIVORCE Putra, Dedisyah; Martua Nasution; Disry Desky
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art6

Abstract

Purpose – This study aims to examine the impact of divorce from a contemporary Islamic legal perspective, focusing on the fulfillment of children's rights and parental obligations post-divorce. The background of this research is driven by the increasing number of divorce cases in Indonesia, which often leave behind child custody issues. Therefore, an in-depth study of how Islamic and positive laws protect children is necessary. Method - This study employs a normative juridical approach, analyzing statutory regulations, Islamic law, and contemporary interpretations. This analysis is also supported by contemporary Islamic legal theory, which emphasizes child protection in modern law to assess the alignment between religious norms and national regulations. Findings – The study's findings indicate that although divorce ends a marriage, parental responsibilities, both material and immaterial, remain unchanged. Fathers are obligated to provide child support, and mothers play a primary role in childcare. Both parents are obligated to ensure their child's education, emotional stability, and moral development. Furthermore, religious courts play a central role in ensuring the fulfillment of children's rights through custody decisions, although implementation is often hampered by economic disparity, emotional conflict between parents, weak legal awareness, and a lack of post-divorce oversight mechanisms. This demonstrates the gap between legal norms and social reality, which has implications for child welfare. Research contribution/limitations – This study emphasizes the role of religious courts in protecting children's rights through custody arrangements and enforcing post-divorce maintenance obligations in Indonesia. However, obstacles such as economic disparity, interparental conflict, and social stigma often undermine the effectiveness of fulfilling children's rights. Originality/value – This study contributes to the literature by offering solutions through strengthening parental legal awareness, increasing cooperation between parents even after divorce, and improving institutional mechanisms. These efforts are crucial for ensuring the best interests of children and providing input for policymakers, legal practitioners, and researchers focusing on family law and child welfare.
KAFĀ’AH AS THE BASIS FOR PROHIBITING INTERFAITH MARRIAGE IN THE COMPILATION OF ISLAMIC LAW: A CONTEMPORARY ANALYSIS OF MAQĀṢID AL-USRAH Elyas Desima Saputra; Ermanita Permatasari; Mahfud
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 2 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss2.art10

Abstract

Purpose - Interfaith marriages among Muslims in Indonesia are becoming increasingly common. These marriages are legally conducted by exploiting the dualism of interpretation of interfaith marriage laws in the Marriage Law. Amidst this debate, the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) redefined the concept of kafā’ah as the absolute basis for prohibiting interfaith marriages. This provision is one of the efforts to maintain the welfare of marriage that is relevant to the spirit of maqāṣid al-Usrah. This study aims to analyze the repositioning of the concept of kafā’ah as the basis for prohibiting interfaith marriage in the KHI using a contemporary analysis of maqāṣid al-usrah. Method - This qualitative study used library research methods and was descriptive-analytical in nature. The primary data in this study is the KHI, especially the articles that discuss kafā’ah. Secondary data were obtained from the Marriage Law and various scientific literature relevant to the research theme. Data were collected through documentation techniques and analyzed using content analysis techniques. Findings - The results of the study show that the KHI explicitly places religious similarity as a fundamental and absolute criterion of kafā’ah, as stated in Article 40 letter c and Article 44 of the KHI, which prohibits marriage between Muslims and non-Muslims. Originality/Value – The basis for this prohibition is reinforced by the analysis of maqāṣid al-usrah, especially in maintaining ḥifẓ al-dīn (protection of religion) and ḥifẓ al-nasl (protection of offspring). Religious differences are seen as having the potential to cause ideological disorientation, conflicts in the education of children, and complications in inheritance law, all of which threaten the integrity and harmony of Muslim families. This prohibition is a preventive measure by the KHI to protect the interests of Muslims and ensure the creation of harmonious families based on Islamic laws. Contribution/Limitation of Research – This study contributes to the theoretical development of Islamic family law thinking and knowledge, particularly in terms of legislative studies and family welfare values in the contemporary context. However, this study is still limited to normative analysis through documentary studies of the KHI.

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