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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 64 Documents
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Deconstructing Unregistered Marriage in Indonesia: Integrating Fazlur Rahman’s Double Movement and Jasser Auda’s Maqashid Shariah for Family Protection Sunardi Simanullang; Era Zufialina; Ihzar Dinilhaq Basridal
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.v5i2.16462

Abstract

The phenomenon of unregistered marriages in contemporary Indonesia has generated various civil law problems due to the lack of protection for the fundamental rights of wives and children. This study aims to reconstruct the formalistic fiqh perspective that separates religious validity from the state's administrative obligations. The research employs a normative legal method with a library research approach. The data were analyzed through the integration of Fazlur Rahman’s Double Movement hermeneutics, the reconstruction of Maqashid al-Shari’ah based on Jasser Auda’s systems approach, and Imam al-Shatibi’s concept of public interest (maslahah). The findings reveal that early Islamic legal instruments concerning marriage, such as the requirement of witnesses, embody a universal moral ideal aimed at ensuring justice and protecting vulnerable groups. In the contemporary context, these objectives can only be effectively realized through marriage registration evidenced by an official marriage certificate. The study concludes that marriage registration has evolved into a fundamental religious obligation because it functions as a means of preventing harm and ensuring legal protection. Therefore, policy synergy in digitalization and the reformulation of religious fatwas are necessary to expand access to marriage registration and promote a more humane and socially just society.
Active Police Officers in Civilian Positions after Constitutional Court Decision No. 114/PUU-XXIII/2025: A Constitutional Law and Siyasah Qadhaiyah Analysis Syahrizal Saib Siregar; Ramadani
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.v5i2.16736

Abstract

This study examines the restrictions on active members of the Indonesian National Police (Polri) holding positions outside the organizational structure of the police following Constitutional Court Decision No. 114/PUU-XXIII/2025, using siyasah qadhaiyah as an analytical framework. The appointment of active police officers to civilian institutions may blur institutional boundaries, undermine civilian supremacy, and create risks of abuse of authority. Employing doctrinal legal research with a juridical-conceptual approach, the study finds that the Court’s annulment of the phrase concerning assignments by the Chief of the National Police restores legal certainty and reinforces statutory limits on authority and the functional differentiation of public offices. From the perspective of siyasah qadhaiyah, the decision reflects the judicial function of correcting abuses of authority and protecting the public interest. Nevertheless, an overly rigid restriction on external appointments may create operational difficulties for specialized civilian institutions that legitimately require police expertise, particularly the National Narcotics Agency (BNN) and the National Counterterrorism Agency (BNPT). Accordingly, this study proposes a strict-exception regulatory model under which such appointments are permitted only on the basis of a direct functional connection with policing, demonstrated competence, and effective oversight, accompanied by the temporary suspension of active police command and coercive authority for the duration of the civilian appointment.
Relasi Suami-Istri antara Hukum Perkawinan Indonesia dan Mubadalah: Studi Bimbingan Perkawinan di KUA Karangploso Nur Alifah; Mufidah CH; Miftahus Sholehudin
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.v5i2.16890

Abstract

Marriage Guidance (Bimbingan Perkawinan or BIMWIN) is a premarital education program initiated by the Indonesian Ministry of Religious Affairs to prepare prospective couples for family life. While previous studies have primarily examined its implementation and effectiveness, limited attention has been given to how BIMWIN constructs marital relations. This study analyzes the construction of marital relations through BIMWIN from the perspective of mubadalah. Employing empirical legal research with a socio-legal approach, the study was conducted at the Karangploso Office of Religious Affairs (KUA), Malang Regency. Data were collected through observation, in-depth interviews with KUA officials, facilitators, and BIMWIN participants, and document analysis. The data were qualitatively analyzed and interpreted using the five pillars of the mubadalah household framework. The findings show that BIMWIN not only transmits family law norms but also promotes marital relations based on communication, cooperation, deliberation, adaptive role-sharing, and shared responsibility. These practices reflect the five mubadalah pillars: mīṡāqan ghalīẓan, zawaj, taradhin, mu'asyarah bil ma'ruf, and musyawarah. The study contributes to scholarship on reciprocal and gender-just marital relations and provides practical insights for strengthening BIMWIN materials to promote equitable and mutually supportive family relationships.
Reinterpreting Marriage Guardianship through Maqāṣid al-Sharī‘ah: Classical Fiqh and Contemporary Indonesian Family Law Hilda Rahmatul Jannah
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.v5i2.16697

Abstract

Marriage guardianship (wali) remains a significant institution in Islamic family law, yet its normative basis and contemporary function require reconsideration in light of changing social and legal conditions. This article examines marriage guardianship through a thematic and contextual analysis of relevant Qur'anic and Prophetic texts, classical fiqh, and maqāṣid al-sharīʿah, with particular attention to Indonesian Islamic family law. The study distinguishes the historically particular functions of guardianship from its enduring universal legal values. It finds that the normative significance of the wali extends beyond a formal requirement for marriage validity to encompass the protection of dignity and marital rights, free and meaningful consent, prevention of harm and abuse of authority, responsible family participation, and legal certainty. In Indonesia, these values are institutionalized through the Marriage Law, the Compilation of Islamic Law (KHI), and marriage administration regulations, particularly through the relationship between wali nasab, wali hakim, individual consent, and state supervision. The study concludes that the contemporary legitimacy of marriage guardianship depends not merely on preserving its classical institutional form but on its capacity to realize its underlying maqāṣid within changing social and legal contexts.

Page 7 of 7 | Total Record : 64

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