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INDONESIA
DIKTUM: JURNAL SYARIAH DAN HUKUM
Published by Institut Agama Islam Negeri Parepare
ISSN : 16931777     EISSN : 25488414     DOI : https://doi.org/10.35905/diktum
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic Astronomy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 296 Documents
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Family Planning and Legal Change: A Cross-Cultural Study Inspired by Ibn Qayyim in Egypt and Indonesia Fattah, Salman; Misbahuddin; Kurniati; Amal Ashraf
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 1 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i1.12851

Abstract

This study addresses the challenges of integrating Islamic jurisprudence with family planning policies in Egypt and Indonesia, two Muslim-majority countries with distinct socio-political contexts. The research aims to analyze the alignment and divergence of these policies with Islamic legal principles, focusing on the practical application of Ibn Qayyim’s legal philosophy. Employing a qualitative approach, the study combines semi-structured interviews, focus group discussions, observations, and document analysis to gather comprehensive data from over 50 stakeholders and 100 legal and policy documents. Findings reveal that while Egypt’s centralized governance benefits from Al-Azhar’s religious endorsements, rural resistance highlights cultural challenges. In Indonesia, decentralized governance fosters regional diversity, but inconsistent fatwa issuance complicates policy implementation. The study contributes practically by recommending enhanced collaboration between policymakers and religious leaders and theoretically by extending Ibn Qayyim’s framework to contemporary governance. Its novelty lies in its cross-cultural approach, demonstrating how Islamic legal principles can adapt to diverse societal needs through balanced and context-sensitive reasoning
The Evolution of Fasakh in Indonesia and Malaysia: A Legal Comparative Bibliometric Review Deris Arista Saputra; Zul-kifli Hussin
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 1 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i1.11332

Abstract

Fasakh, a legal mechanism in Islamic family law, allows a wife to seek marriage annulment under specific conditions, differing from talaq, which is initiated by the husband. While both Indonesia and Malaysia recognize fasakh, their legal frameworks differ; Indonesia regulates it under the Compilation of Islamic Law (KHI) with significant influence from customary law (adat), whereas Malaysia enforces it through the Islamic Family Law Enactment, varying across states. This study aims to compare the legal, procedural, and socio-cultural dimensions of fasakh in both countries, employing comparative legal analysis through doctrinal research and bibliometric analysis using VOSviewer to map the evolution of fasakh-related studies from 2018 to 2024. The findings reveal that courts in both jurisdictions acknowledge domestic violence, financial neglect, religious conversion, contagious diseases, and fraud as primary reasons for fasakh, with an increasing recognition of psychological abuse and economic vulnerability as legitimate grounds. This study contributes to comparative Islamic legal scholarship by systematically analyzing fasakh across jurisdictions and introducing bibliometric analysis to trace its scholarly development, identifying emerging trends such as identity fraud, psychological abuse, and digital documentation in marital disputes. Additionally, the study underscores the role of ijtihad in expanding the interpretation of fasakh, aligning it with contemporary maqasid al-shariah (objectives of Islamic law) to ensure justice. Theoretically, the findings highlight the adaptability of Islamic jurisprudence in modern legal contexts, while practically, they provide insights for legal practitioners, policymakers, and religious authorities to enhance judicial consistency and improve access to legal aid for women seeking annulment. This study reinforces the necessity of balancing Islamic legal principles with evolving human rights perspectives, ensuring fasakh remains a protective mechanism within contemporary Muslim societies.
Analysis of Maqasid Shari’ah on Religious Court Decisions on the Granting of Compulsory Wills to Non-Muslim Heirs Palasenda, Nabil; Kamila, Aghisna Cahya; Nurfuadi, Fahmi
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.11577

Abstract

Background: The matter of interfaith inheritance in Indonesia poses a multifaceted legal dilemma, especially with the judicial enforcement of wasiat wajibah (compulsory wills) for non-Muslim beneficiaries. This paper contextualizes Indonesia's legal framework within a broader comparative analysis, examining judicial discretion, legal diversity, and ijtihad as strategies for legal adaptation Purpose: This study aims to analyze whether the application of compulsory wills in judges' decisions against non-Muslim heirs contains elements of sharia maqasid Methods: A qualitative normative approach is employed, focusing on case law analysis and Maqasid Shari’ah principles. The study systematically analyzes court decisions, legal documents, and secondary literature to evaluate the legal reasoning behind the granting of wasiat wajibah to non-Muslim heirs. The research includes two key cases: Tebing Tinggi Religious Court Case No. 9/Pdt.P/2008/PA.Ttd and Surabaya Religious Court Case No. 473/Pdt.P/2010/PA.Sby, selected based on their legal significance and precedent-setting nature Results: The findings indicate that Indonesian courts’ application of wasiat wajibah to non-Muslim heirs aligns with Maqasid Shari’ah, particularly in preserving life (hifz al-nafs) and property (hifz al-mal). Judicial reasoning often relies on kinship considerations, legal adaptation through ijtihad, and social justice principles. However, the study identifies inconsistencies in how Maqasid Shari’ah is applied, with courts sometimes using it as a justification rather than an active tool for legal development. Implication: that courts should develop a more structured approach to integrating Maqasid Shari’ah in inheritance rulings. Furthermore, Indonesia’s model of using wasiat wajibah for non-Muslim heirs provides a legal precedent that could inform similar cases in other jurisdictions dealing with interfaith inheritance disputes Originality: This study introduces a jurisprudential perspective that integrates judicial discretion, legal pluralism, and ijtihad developments in Islamic courts. Unlike previous research that focuses solely on doctrinal analysis, this study critically examines how Maqasid Shari’ah is operationalized in judicial decision-making
Misyār Marriage In The View Of Yusuf Qardawi And Abdullah Muhammad Ath-Thayyar: Challenges And Constructive Approaches Nur, Muhammad Yaumil Awal; Rusdaya Basri; Muhiddin Bakri; Islamul Haq; Fikri; Abdul Karim bin Khairuddin
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 1 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i1.12807

Abstract

This research focuses on the discussion of misyār marriage as one of the contemporary phenomena that did not exist in the time of the Prophet Muhammad SAW by using a type of literature research with a qualitative approach and analyzing existing data inductively. The results of the study show that misyār marriage was triggered by its emergence due to the massive development of the times. One of the indicators is the emergence of women who no longer live at home and work, so that they are economically independent. In addition, the varied work of men keeps them away from their wives which then causes problems. By analyzing the opinions of several scholars who have detailed the marriage of misyār, such as Yusuf Qardhawi and Abdullah Muhammad Aṭ-Ṭayyar, it can be concluded that this opinion cannot be separated from the concept of legal change of Ibn Qayyim which is also influenced by the changing times. This study proposes to deepen the understanding of the concept of nikah misyār to answer the development of the times and its relevance to Islamic teachings, namely ṣaliḥ likulli az-zamān wa al-makān. In addition, this study also offers constructive approaches in assessing the validity of misyār marriage. This research is expected to enrich the discourse around marriage in Islam and become a medium for the wider community to know this phenomenon.
Legal Rigidity vs Flexibility: Examining Qath’i and Zanni Interpretations in State-Enforced Modesty Regulations Amin, Aminullah; Muammar Bakry; Abd. Wahid Haddade
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 1 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i1.12828

Abstract

This research discusses the issues of Qath’i and Dzhanni, exploring their essence and characteristics, as well as the problems and debates among scholars regarding these concepts. It also addresses the urgency and implications of these concepts on the extraction of legal rulings in both classical and contemporary Fiqh. This study employs a library research method, involving the analysis of various articles, journals, and books relevant to the research theme. Data collection in this research is carried out through documentation techniques, where the researcher seeks and analyzes data by studying documents written by other researchers on the topic. The discussion of Qath’i and Dzhanni is approached from two perspectives: Wurud (the arrival of the evidence) and Dalalah (the indication of the evidence). There are Qath’i al-Wurud and Dzhanni al-Wurud, as well as Qath’i al-Dalalah and Dzhanni al-Dalalah. These concepts are firmly grounded and well-established. Therefore, even if these concepts are challenged or criticized, they cannot be undermined or dismissed. Understanding and comprehending the concepts of Qath’i and Dzhanni is crucial, as they are integrated with how words indicate meanings or legal contents contained within them. This has significant implications for Fiqh as a product of ijtihad. The approach of classical Fiqh involves measuring evidence based on its numerical certainty, establishing clear meanings, and considering it to have no other possible meanings. Meanwhile, the approach of contemporary Fiqh focuses not on linguistic-semantic analysis, but on the substance of the Qur’anic verses or Hadiths.
Sexual Consent Paradigm In The Framework Of Indonesian Legal: A Comparative Islamic Perspective Muhammad Taufiq
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 1 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i1.12868

Abstract

This research aims to analyze the sexual consent paradigm in the Sexual Violence Crime Law and compare it with the principles of Islamic law. The focus of the research is to understand the extent to which the two paradigms are aligned or different in terms of protecting individual rights against sexual violence. This research uses qualitative methods with normative and comparative approaches. Analysis was carried out on the text of the TPKS Law and sources of Islamic law, such as the Al-Qur'an, hadith, as well as the opinions of ulama regarding sexual consent. Data was collected through literature studies and legal documents. Research findings show that the TPKS Law emphasizes the importance of free, conscious and non-coerced consent in sexual relations, regardless of marital status. In contrast, Islamic law provides a stricter framework regarding legal sexual relations only within the context of marriage. While both recognize the importance of consent, deep differences emerge over the limits and scope of legitimate relationships according to religion. The sexual consent paradigm in the TPKS Law and the principles of Islamic law have similarities in the aim of protecting individuals from sexual violence, but there are significant differences in their application. The TPKS Law adopts a more universal approach, while Islamic law places more emphasis on legitimate relationships within marriage. This research recommends the need to integrate religious values ​​in national legal policies to achieve more holistic justice.
Between Religious Guidance and Shariah Legal Reform: Rethinking Indonesia’s Premarital Guidance for School-Age Adolescents (BRUS) program Nadhrah, Fatiya; Abd. Mukhsin; Hashemi , Shoaleh
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.12987

Abstract

Background: Early marriage continues to be a prevalent issue in Indonesia, notwithstanding the Ministry of Religious Affairs' implementation of the Premarital Guidance for School-Age Adolescents (BRUS) program. The deficiency of legal understanding among youngsters, inadequate communication tactics, and feeble institutional coordination hinder the program's efficacy Purpose: to evaluate the implementation of BRUS at KUA Rambutan, analyzing its effects on legal knowledge and the prevention of early marriage, while also identifying policy and structural deficiencies Methods: This study employed an empirical legal research methodology, gathering primary data via interviews with KUA officials and adolescents involved in the BRUS program. Secondary data were acquired from law papers, policy reports, and scholarly literature. The data were examined through the lenses of Legal Communication Dysfunction Theory and Legal Responsiveness Theory to assess the deficiencies in BRUS implementation Results: The findings demonstrate that BRUS has a negligible effect on decreasing underage marriage rates, attributed to inadequate communication between KUA and adolescents, insufficient youth-oriented outreach initiatives, and the lack of legal enforcement measures. Implication: This study enhances legal awareness and policy evaluation research by illustrating the necessity for religious institutions to align their programs with legal and social frameworks for efficacy. It proposes integrating Maslahah evaluations into judicial rulings on marital dispensations, improving multisectoral cooperation, and updating BRUS communication techniques Originality: This research offers a comparative analysis between Indonesia and Algeria, illustrating how an integrated approach that combines religious counseling, legal enforcement, and community engagement can markedly enhance premarital education and mitigate underage marriage
Bridging Tradition and Islamic Law: The Evolution of Pakpak Customary Inheritance Practices in the Muslim Community of Dairi Gajah, Sufi Maulana; Irwan; Dahruji
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.13000

Abstract

Background: The evolution of inheritance practices within the Pakpak Muslim population in Dairi indicates a progressive transition from traditional to Islamic inheritance law (Faraidh). Historically, Pakpak customary law favored male heirs, precluding daughters from inheriting real property. Increased legal understanding, discussions on gender equality, and marrying with non-Pakpak persons have prompted the community to accept Islamic inheritance principles voluntarily Purpose: This study examines the factors behind this change and assesses its ramifications via the lenses of Living Law Theory, Legal Awareness Theory, and Maqasid al-Shariah Methods: Utilizing a qualitative case study with a normative-empirical framework, data were gathered via interviews with traditional leaders, religious authorities, and community members. Results: The results indicate that Islamic inheritance law is regarded as more equitable and consistent with religious duties and changing societal standards. The transition transpires spontaneously through musyawarah (family deliberation) and religious influence rather than state-imposed legal reform. The research enhances the dialogue on Islamic legal pluralism by illustrating the coexistence and evolution of customary and Islamic legal systems. Implication: The findings hold practical significance for policymakers and religious organizations, highlighting the necessity of legal awareness initiatives and community-oriented law adjustments to promote gender justice and equitable inheritance distribution Originality: comparative analysis of Malaysia's shift from Adat Temenggong inheritance to Faraidh, emphasizing how voluntary, community-driven transformation might be an alternative to state-mandated legal reform
Ensuring Sharia-Based Electoral Integrity: Lessons from Brazil’s E-Voting System for Indonesia’s Digital Democracy Nurul Khalifah; Hasanuddin Hasim; Sudirman L; Pradana, Syafa'at Anugrah; Dirga Achmad
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 1 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i1.12910

Abstract

The use of conventional voting systems in electoral processes continues to face significant vulnerabilities, including ballot manipulation, vote tampering, and human error. As a digital alternative, electronic voting (e-voting) offers a promising solution to enhance electoral integrity, efficiency, and transparency. While Indonesia has begun experimenting with e-voting—particularly in village head elections—it has yet to scale the system to national-level elections. This study aims to analyze Indonesia's readiness to implement a national e-voting system by drawing comparative insights from Brazil, a country that has successfully adopted e-voting in its federal elections. Using a normative legal approach and library-based research, the study evaluates the infrastructural, legal, and technological challenges facing Indonesia’s electoral modernization. The findings indicate that a major barrier to nationwide implementation lies in the technological dependency on devices such as laptops and touchscreen computers, which require stable electricity—an issue in Indonesia’s underdeveloped and remote regions. The study highlights the need for infrastructural equity and policy reform to support digital electoral governance. Theoretically, this research contributes to global debates on digital democracy, offering lessons on how socio-technical readiness shapes the adoption of e-voting in emerging democracies
Reassessing Child Welfare in Islamic Jurisprudence: The Abrogation of Guardianship According to Al-Būṭī’s Maslahah Theory Aljurjani, Muhammad; Mujib, Lalu Supriadi; Sainun, Sainun
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.12973

Abstract

Background: In numerous Muslim-majority nations, paternal guardianship rights over girls are frequently maintained, despite evidence of the fathers' negligence of their duties. This prompts essential inquiries regarding the equilibrium Islamic legal systems must maintain between father power and child care Purpose: This paper examines the legitimacy of designating inattentive fathers as walī nikāḥ (marriage guardians) in accordance with Islamic law, utilizing Sa‘īd Ramadān al-Būṭī’s maslahah theory as the primary analytical framework Methods: This research utilizes a normative-comparative legal method to analyze classical Islamic law, Indonesia's Compilation of Islamic Law (KHI), and pertinent provisions in Tunisia's Code of Personal Status and Morocco's Mudawwanah Results: Research indicates that al-Būṭī’s quintuple criteria of maslahah—comprising its congruence with maqāṣid al-sharīʿah, the Qur’an, Sunnah, qiyās, and a hierarchy of benefits—can substantiate the revocation of guardianship powers from negligent fathers and their reassignment to judicial authorities. The research illustrates that this principle-based, textually anchored paradigm upholds both legal integrity and child protection. Implication: Theoretically, the research redefines maslahah as an instrument for reform within conservative legal frameworks, while practically, it advocates for legal systems such as Indonesia's to implement more explicit statutory exclusions and child-focused policies. Originality: This study's originality is in its conservative yet reformist interpretation of maslahah, demonstrating that legal reform is both feasible and essential for upholding justice and ethical oversight within Islamic family law, even within a traditionalist context

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