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Muhammad Fuad Zain
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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 60 Documents
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Apostasy and Its Legal Consequences in Indonesian Personal Status Law: Human Rights Analysis and Doctrinal Tensions Badrian Badrian
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
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.v5i1.15729

Abstract

This study examines the legal implications of apostasy in Indonesia within the framework of Islamic personal status law, focusing on marriage dissolution, inheritance disqualification, and guardianship rights. Although apostasy is not criminalized under Indonesian national law, its consequences are civilly enforced through the Kompilasi Hukum Islam (KHI) and adjudicated by the Religious Courts. Drawing on classical Islamic jurisprudence, the legal system treats apostasy as a disqualifying condition that voids marital bonds, excludes individuals from inheriting from Muslim relatives, and impairs their capacity to act as guardians over Muslim children. The study employs a normative legal approach, supplemented by doctrinal analysis and relevant case studies, to assess how these civil sanctions affect individual rights. It further analyzes the tensions between doctrinal fidelity and Indonesia’s constitutional guarantees of religious freedom and non-discrimination. The findings reveal that civil consequences for apostasy, while doctrinally grounded, conflict with international human rights standards and potentially infringe upon constitutional protections. The study concludes that legal reform is necessary to harmonize religious law with human rights obligations, calling for a contextualized interpretation of Islamic principles that upholds justice, dignity, and individual liberty within Indonesia’s plural legal system.
Negotiating Sharia and Modern Finance: A Socio-Legal Study of Pesantren Practices in Conventional Banking in Banyumas Regency Refani Andina Sari
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
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.v5i1.15862

Abstract

Pesantren in Banyumas Regency actively negotiate the relationship between Sharia principles and modern financial systems through their engagement with conventional banking institutions. Using a qualitative socio-legal approach that integrates doctrinal analysis with field research in five pesantren, the study explores how Islamic legal reasoning—particularly concerning riba—is interpreted within institutional contexts. The findings reveal that most pesantren, especially those affiliated with Nahdlatul Ulama, adopt a pragmatic approach grounded in maslahah (public benefit), niyyah (intention), and tarāḍī (mutual consent), distinguishing between exploitative usury and administrative interest. Their use of conventional banks is justified as a necessity for financial security, efficiency, and compliance with state regulations. In contrast, a minority of Salafi-oriented institutions reject conventional banking entirely, emphasizing textual fidelity and moral purity. The study concludes that pesantren financial practices represent a form of applied ijtihād—a contextual reinterpretation of Islamic law balancing doctrinal integrity and institutional pragmatism. By situating pesantren as active agents within Indonesia’s plural legal and economic landscape, this research highlights how Sharia operates as a living, adaptive system guiding ethical engagement in contemporary finance.
Contextualism vs. Mubādalah: Comparative Islamic Legal Methodologies for Gender Equality Abdul Basith; Kerwanto Kerwanto
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
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.v5i1.15970

Abstract

Gender equality has become a central concern in contemporary Islamic legal interpretation, prompting the development of new hermeneutical approaches. This study compares Nasaruddin Umar’s contextualist methodology and Faqihuddin Abdul Kodir’s mubādalah framework to assess their contributions to gender-just Qur’anic interpretation. The research employs a qualitative descriptive design with a comparative library-based approach. Primary data are drawn from the major works of both scholars and applied to two contested gender-related verses, Q.S. al-Nisā’ [4]:34 and Q.S. al-Baqarah [2]:228. The analysis shows that Nasaruddin Umar emphasizes historical contextualization and feminist hermeneutics to deconstruct patriarchal readings, while Faqihuddin Abdul Kodir applies a reciprocity-based, maqāṣid-oriented approach that reconstructs gender relations as egalitarian partnerships. Both methodologies reject hierarchical interpretations and reinterpret authority and responsibility as functional and ethical rather than ontological. Despite methodological differences, the two approaches converge in promoting justice, mutuality, and human dignity as core principles of Islamic legal reasoning. Their complementary perspectives demonstrate that methodological plurality can strengthen efforts to advance gender equality within contemporary Islamic jurisprudence.
Between Legal Formalism and Responsiveness: Judicial Reasoning on the Status of Children from Unregistered Marriages Najwa Yazid; Wardah Nuroniyah
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
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.v5i1.15413

Abstract

Unregistered marriages in Indonesia continue to create legal uncertainty regarding the status and civil rights of children. Divergent judicial determinations concerning children born from such marriages demonstrate tensions between legal formalism and responsive approaches to child protection. Employing normative juridical research with statutory, conceptual, and case approaches, the analysis examines three Religious Court determinations concerning child lineage and itsbat nikah. The findings reveal significant disparities in judicial reasoning. One panel adopted a formalistic interpretation by recognizing children only as biological children based on statutory provisions, while another employed a responsive approach by recognizing the material validity of unregistered marriages and prioritizing the best interests of the child. In the itsbat nikah case, the judges granted legalization despite formal administrative limitations to ensure legal certainty and child protection. These differences directly affect children’s rights relating to lineage, inheritance, guardianship, identity, and non-discrimination. Responsive legal approaches provide more comprehensive protection for children born from unregistered marriages.
The Effectiveness of Law Enforcement on Morality-related Crimes in Klaten, Central Java: A Comparative Study of Islamic Law and Positive Law Rozan Avif; Luluk Qonita
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
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.v5i1.16241

Abstract

Immorality-related crimes in Klaten Regency, Central Java, have become an increasingly complex social and legal issue, reflected in the persistence of clandestine prostitution and the involvement of various social groups, including students. This study analyzes the effectiveness of law enforcement against such crimes and examines it comparatively from the perspectives of positive law and Islamic law. Employing an empirical legal method with a comparative approach, the research is based on field observations, interviews with officials of the Civil Service Police Unit (Satpol PP), and analysis of relevant laws and regional regulations. The findings show that law enforcement has been carried out through preemptive, preventive, and repressive measures, including legal awareness programs, surveillance, joint operations, investigations, and offender rehabilitation. However, its effectiveness remains limited due to inadequate personnel, insufficient facilities, low public legal awareness, and permissive cultural attitudes toward immoral conduct. From the perspective of Islamic law, the prevention of morality-related crimes extends beyond punitive sanctions through the principles of saddu al-dharī‘ah and maqāṣid al-sharī‘ah, particularly the protection of life (ḥifẓ al-nafs), honor (ḥifẓ al-‘ird), and lineage (ḥifẓ al-nasl). The study concludes that stronger integration between positive law and Islamic legal values is necessary to enhance preventive strategies, strengthen public morality, and promote sustainable social order.
Women’s Reproductive Rights in the Practice of ‘Azl: A Comparative Analysis of Islamic Legal Schools and Indonesian Islamic Family Law Khairatun Nisa; Imam Yazid; Tetty Marlina Tarigan
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
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.v5i2.16349

Abstract

The practice of ‘azl (coitus interruptus) remains a significant issue in Islamic family law because it concerns not only birth control but also reproductive authority and spousal rights within marriage. This article examines the position of the wife’s consent in the practice of ‘azl through a comparative analysis of the four major Sunni legal schools and evaluates its relevance to Indonesian Islamic family law. Employing normative legal research with statutory, conceptual, and comparative madhhab approaches, the study analyzes classical juristic texts, Islamic legal principles, and Indonesian family law regulations. The findings reveal that the Mālikī and Hanbalī schools require or strongly emphasize the wife’s consent, while the Shāfi‘ī and Ḥanafī schools provide broader authority to the husband despite acknowledging the wife’s reproductive interests. Through the frameworks of maqāṣid al-sharī‘ah and mubādalah, the study argues that reproductive decisions should be based on mutual consultation and shared responsibility. The article concludes that recognizing the wife’s consent strengthens reproductive justice and provides a normative foundation for the future development of Indonesian Islamic family law.
Continuity and Transformation of Ijtihad in Islamic Law: Reassessing the Closed Gate Thesis through Classical Legal Texts Upi Sopiah Ahmad; Faisar Ananda Arfa; M. Iqbal Irham; Nurasiah
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 1 (2026)
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.v5i1.16419

Abstract

This study reassesses the “closed gate of ijtihād” (insidād bāb al-ijtihād) thesis in Islamic law through a historical-textual analysis of classical legal works produced between the seventh and ninth centuries AH. Classical Orientalist scholars, most notably Joseph Schacht and Noel J. Coulson, argued that ijtihād declined after the consolidation of the legal schools and was replaced by the dominance of taqlīd. In contrast, contemporary scholars such as Wael B. Hallaq contend that ijtihād persisted through epistemic and institutional transformations within the madhhab tradition. Employing qualitative library research and content analysis, this study examines the works of al-Nawawī, Ibn Taymiyyah, and Tāj al-Dīn al-Subkī within the frameworks of Islamic legal epistemology and Legal Change Theory. The findings reveal that ijtihād continued to function dynamically through three principal models: ijtihād fi al-madhhab, ijtihād mustaqil, and ijtihād maqāṣidī. These models demonstrate that juristic diversity was an integral feature of the epistemological structure of Islamic law rather than evidence of historical stagnation. Consequently, the “closed gate of ijtihād” thesis is better understood as a historiographical construct than a normative-epistemic reality. The study contributes to the reconstruction of contemporary Islamic legal theory through a framework of continuity-in-transformation and offers a critical reassessment of Orientalist narratives concerning the development of Islamic law.
Legal Protection of Biological Children’s Inheritance Rights under Stepmother Control of Estate Property: An Empirical Study in Panyabungan Tonga Village Jamilah Rizka; Mhd. Yadi Harahap; Nurcahaya
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
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.v5i2.16488

Abstract

The realization of inheritance rights under Islamic law frequently encounters practical challenges despite the existence of comprehensive normative regulations. This study examines the legal protection of the inheritance rights of biological children in cases where estate property remains under the de facto control of a surviving stepmother. Employing an empirical juridical approach that integrates Islamic legal and socio-legal perspectives, the research was conducted in Panyabungan Tonga Village, Mandailing Natal Regency. Data were collected through interviews, documentation, and library research and analyzed qualitatively. The findings reveal that, following the decedent's death in 2018, the estate remained under the exclusive control of the surviving spouse without any legal separation between marital property and inheritance assets. This situation prevented the effective realization of the inheritance rights of the biological children from the first marriage. The study further identifies several contributing factors, including limited legal literacy, ineffective family deliberation, the absence of mediation by customary and religious leaders, and unequal access to information regarding the estate. These findings demonstrate a significant gap between the normative protection provided by Islamic inheritance law and the Indonesian Compilation of Islamic Law and its implementation in social practice. The study concludes that effective protection of inheritance rights requires not only clear legal norms but also transparent estate administration, strengthened legal awareness, and effective family-based dispute resolution mechanisms.
Transformasi Norma Adat dalam Hantaran Pernikahan Gorontalo: Analisis Hukum Adat dan Hukum Keluarga Islam terhadap Pergeseran Nilai Simbolik Hamid Pongoliu; Muhammad Gazali Rahman; Syukrin Nurkamiden; Ajub Ishak; Dikson Yasin
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/q0ey5405

Abstract

This study examines the transformation of customary norms in the practice of wedding gifts (hantaran) within the Gorontalo marriage tradition from the perspectives of customary law and Islamic family law. Unlike previous studies that primarily emphasize the symbolic meanings of wedding gifts as cultural heritage, this research positions hantaran as a normative institution of customary law that functions to transmit legal, moral, and social values concerning family life. Employing an empirical legal method with a socio-legal approach, the study integrates legal anthropology, customary law, and Islamic family law through interviews, observations, and documentary analysis. The findings reveal that the symbolic meanings of hantaran have undergone significant transformation due to modernization, urbanization, economic rationalization, and the influence of digital media. The shift reflects a movement from normative functions toward symbolic and representational functions without entirely eliminating the existence of customary law as living law. From the perspective of customary law, this transformation represents an adaptive process of legal culture, whereas Islamic family law recognizes such changes insofar as they remain consistent with the principles of al-'ādah al-muḥakkamah, 'urf ṣaḥīḥ, and maqāṣid al-syarī'ah. This study proposes a reconstructive model that emphasizes preserving the normative values of customary traditions rather than merely maintaining their ceremonial forms, thereby strengthening the integration of customary law and Islamic family law in responding to contemporary social change.
Reconstructing Marital Readiness among Generation Z: Islamic Legal Responses to the 'Marriage is Scary' Phenomenon in Pamekasan Yulia Anjani; Jamiliya Susantin; Urwatul Wusqo; Mujiburrohman
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
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.v5i2.16510

Abstract

The 'marriage is scary' phenomenon has become increasingly prevalent among Generation Z and has significantly influenced how they perceive marriage as an institution characterized by risk and uncertainty. This study aims to analyze the factors contributing to the emergence of the 'marriage is scary' phenomenon among Generation Z in Pamekasan Regency and to reconstruct the concept of marital readiness from the perspective of Islamic law. The study employs a socio-legal approach with a qualitative methodology, utilizing interviews, observations, and document analysis. The findings reveal that the phenomenon is influenced by four primary factors: family trauma, exposure to negative content on social media, concerns regarding education and career development, and economic insecurity shaped by local socio-economic conditions. The findings further indicate that fear of marriage does not necessarily reflect a rejection of the institution of marriage; rather, it more frequently represents inadequate marital readiness. By integrating Marital Readiness Theory with the framework of maqāṣid al-sharī‘ah, this study proposes a reconstruction of marital readiness encompassing four principal dimensions: psychological, social, economic, and spiritual preparedness. These dimensions are oriented toward the realization of the objectives of protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). This study affirms that strengthening marital readiness in a comprehensive manner constitutes a more contextual Islamic legal response to addressing the 'marriage is scary' phenomenon among Generation Z in the digital era.

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