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Muhammad Fuad Zain
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Fakultas Syariah UIN Prof. K.H. Saifuddin Zuhri Purwokerto Jl. Jend. A. Yani No. 40 A Purwokerto
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el-Aqwal: Journal of Sharia and Comparative Law
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : -     EISSN : 29625289     DOI : https://doi.org/10.24090/el-aqwal
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, English or Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Volume 4 Issue 1 (2025)" : 5 Documents clear
Implikasi PPAT sebagai Pejabat Umum dalam Kasus Sertifikat Ganda pada Pengumpulan Data Sporadik Mubarok, Muhammad Irham Husni; Nurlaela, Indah
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v4i1.12619

Abstract

Duplicate land certificates are a recurring issue in land management in Indonesia and have the potential to trigger serious agrarian conflicts. The Land Deed Making Official (PPAT) plays a critical role in data collection and certificate verification, particularly in the process of drafting deeds for sale and purchase, grants, or other transfers of land rights. However, in several cases, negligence or lack of due diligence by the PPAT during sporadic data collection has led to the issuance of duplicate land certificates. This article examines the legal implications, responsibilities, and preventive measures that must be undertaken by PPATs in addressing duplicate certificate cases, especially those arising from sporadic data collection. Research findings indicate that the primary cause of duplicate certificates is inaccurate data during the sporadic data collection process, compounded by weak oversight and verification by the PPAT. A PPAT may be held legally accountable if proven negligent in the execution of their duties. The legal consequences for a PPAT may include administrative sanctions, liability for damages, and, in certain cases, criminal penalties. Therefore, improving the accuracy and transparency of data collection, along with strict law enforcement, is essential to prevent the recurrence of duplicate land certificate cases in the future.
The Dynamics of Family Life in Polygamous Practices: An Islamic Legal Perspective on Contemporary Indonesian Society Akbar, Hikmal; Syauqi, M. Nabil
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v4i1.13022

Abstract

In a Muslim-majority country such as Indonesia, polygamy is governed by stringent legal frameworks that mandate obtaining court permission and providing evidence of equitable treatment toward all wives. This article examines the dynamics of polygamous household life in contemporary Indonesian Muslim society through the lens of Islamic law. While polygamy is legally and religiously permitted in Islam under conditions emphasizing justice and responsibility, its implementation often diverges from these ethical standards. Drawing on Qur’anic principles, Indonesian legal frameworks, and lived experiences, this study explores the challenges posed by unequal treatment, emotional and psychological impacts, and social stigma. Reformist Muslim scholars and women’s rights advocates have increasingly called for a reinterpretation of polygamy grounded in maqāṣid al-sharīʿa (the higher objectives of Islamic law), promoting justice, dignity, and gender equity. The article argues that ethical reconsideration through ijtihād is essential to align legal practice with the moral values of Islam in a modern context. Ultimately, the study highlights the need for a more humane, contextualized, and justice-oriented approach to Islamic family law in addressing polygamy today.
Constitutional Analysis of Religious Moderation Policy in Serbia: Between Legal Precepts and Social Norms Nuroniyah, Wardah; Krajišnik, Vesna; Prastiwi, Navira Shandra
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v4i1.13572

Abstract

This study examines the alignment between Serbia’s religious moderation policies and its constitutional guarantees of religious freedom, secularism, and non-discrimination. While Serbia’s 2006 Constitution enshrines these principles, the practical application of religious policies reveals discrepancies shaped by social norms and dominant religious narratives. The preferential treatment of "traditional" religious communities, especially the Serbian Orthodox Church, reflects a persistent intertwining of national identity with Orthodox Christianity. Through legal analysis and case studies, the study illustrates how cultural and institutional biases can undermine formal constitutional protections. It also explores the role of public perception, media discourse, and policy implementation in reinforcing religious hierarchies. Ultimately, the study argues that Serbia’s religious moderation remains only partially consistent with constitutional ideals, as prevailing sociocultural dynamics continue to influence both interpretation and enforcement. A more inclusive approach requires bridging legal norms with democratic values of pluralism and equal treatment for all religious communities.
The Impact of the Family Values Crisis on Children’s Right to Education: An Islamic Legal Principles Perspective in Addressing the Challenges of the Modern Era Muhammad, Syafik; Laili, Fi’liatul; Ashlakha, Hilma Nur; Meidina, Ahmad Rezy
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v4i1.13600

Abstract

The crisis of values within the family has become one of the primary challenges in fulfilling children's educational rights, particularly in shaping the character of early childhood in the midst of modernization, globalization, and technological advancement. This article aims to analyze the impact of the family values crisis on children's right to education and to examine the solutions offered by Islamic legal principles in addressing this phenomenon. This study employs a library research method, drawing on various sources such as books and relevant journal articles. The findings reveal that the family values crisis significantly affects the fulfillment of children's educational rights, especially in terms of moral and spiritual development. Islamic legal principles (fiqh al-munakahat) provide comprehensive guidance for building a strong family structure through the concepts of parental responsibility, moral education, and value-based upbringing grounded in Qur’anic teachings. This article recommends strengthening the role of the family as the primary center of education, underpinned by robust Islamic legal principles, as a solution to the challenges posed by the modern era.
Fiqh Siyasah in Indonesia’s Post-colonial Era: Between Classical Doctrines and Contemporary Practices Maula, Bani Syarif
Jurnal Syariah dan Hukum Komparatif Volume 4 Issue 1 (2025)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v4i1.13610

Abstract

This study examines contemporary understandings of Fiqh Siyasah—a branch of Islamic legal thought concerned with governance and political relations—within Islamist movements in post-Reformasi Indonesia. Fiqh Siyasah contains foundational principles that govern the relationship between the state and its citizens, as well as between Muslims and non-Muslims. Despite its significance, Fiqh Siyasah has seen limited application in the modern era, particularly after the imposition of Western legal systems during the colonial period. The research explores how post-colonial Islamist groups interpret legal provisions within Fiqh Siyasah, with a specific focus on doctrines related to war (harb) and peace (sulh). This focus is especially relevant given recurring societal tensions triggered by demands for the implementation of Sharia law by certain Islamic groups. Utilizing a qualitative methodology and a process tracing approach, the study finds that Muslim interpretations of Qur’anic verses pertaining to conflict and relations with non-Muslims are diverse and often context-dependent. While many Islamist groups share a common ideological aim of establishing Sharia law, their strategies and theological positions vary significantly. Not all are radical in orientation, and not all radical organizations adhere to the doctrine of dividing the world into dār al-Islām (abode of Islam) and dār al-harb (abode of war). These findings highlight the complexity and internal plurality of contemporary Islamic political thought in Indonesia.

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