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Journal of Sharia and Legal Science
Published by CV. Doki Course and Training
ISSN : 29887119     EISSN : 2987601X     DOI : https://doi.org/10.61994/jsls
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family law, Islamic economic law, business law, civil law, Islamic constitutional law, constitutional law, international law, environmental law, agrarian law, law state administration, customary law, human rights. It is published three times a year, in April, August and December. There are two version of publication; print out (p) with ISSN: 2988-7119 and electronic (e) with ISSN Online: 2987-601X.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 71 Documents
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Perlindungan Terhadap Anak Sebagai Korban Dating Violence Ditinjau dalam Perspektif Hukum Pidana dan HAM Fara Syahrani; Hania Arvalia
Journal of Sharia and Legal Science Vol. 3 No. 2 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i2.1270

Abstract

The phenomenon of dating violence has not received much attention from the public. This study aims to analyze the forms of dating violence that are categorized as human rights violations and to examine the criminal liability of perpetrators as well as protection for child victims. The research method used is normative juridical with descriptive analytical specifications using a qualitative analysis approach with legal interpretation. This research provides new insights by specifically examining dating violence and its relationship to human rights, as well as legal accountability and protection. The results of the study show that forms of dating violence against children are categorized as human rights violations. Although there are currently no specific regulations regarding dating violence, accountability and protection can be carried out through existing legal frameworks such as the Criminal Code, the Child Protection Law, and the TPKS Law. This study recommends the existence of specific regulations related to dating violence to strengthen the protection of children, not to legalize dating among children, but as a response to the existing practice of dating that has been prevalent in society.
Implementasi Program Tribina dalam Meningkatkan Ketahanan Keluarga Perspektif Maslahah Mursalah Rahmah Nurjannah, Nyayu; Zuraidah, Zuraidah
Journal of Sharia and Legal Science Vol. 3 No. 2 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i2.1283

Abstract

The progress of modern times has led to increasing complexity in family issues, both from internal and external factors. Family resilience is a crucial instrument to counteract various negative impacts that may weaken family functions. This study aims to analyze the role of the Tribina program in strengthening family resilience in the Kampung Keluarga Berkualitas (KB) Mawar, Kelurahan 1 Ilir, Palembang. The research method employed is qualitative with a field research approach. Primary data were obtained through interviews, while secondary data were collected from literature, journals, and relevant documents. The data were analyzed descriptively and qualitatively using a deductive approach. The findings reveal that family resilience is measured through eight indicators as stipulated in Article 7 paragraph (2) of Government Regulation No. 87 of 2014, covering religious, socio-cultural, affection, protection, reproductive, socialization and education, economic, and environmental development functions. The Tribina program has been proven to significantly contribute to strengthening these eight family functions and is aligned with the concept of al-Mashalih al-Khams (religion, life, intellect, lineage, and wealth). Thus, the Tribina program serves as a key strategy to enhance family resilience while reinforcing sustainable family development.
Peran Ayah sebagai Orang Tua Tunggal dalam Pengasuhan Anak di Bawah Umur Pasca-Perceraian: Kajian Maqāṣid al-Syarī‘ah Meydarista, Bela; Ramalia, Eka; Septiani, Dilla; Saputri, Nengsih Ari; salsabila, Andini; Mulyani, Sri
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1337

Abstract

The increasing divorce rate has significantly changed family structures, resulting in children being raised by single parents, including fathers as sole caregivers. This study aims to examine the parenting patterns of single fathers towards minors after divorce, using an analytical framework based on the Maqāṣid al-Sharī‘ah. This study adopted an empirical qualitative approach, using primary data obtained through interviews and observations, as well as secondary data obtained from relevant literature and official documents. The findings indicate that single fathers' parenting practices primarily focus on meeting the child's basic physical, emotional, and spiritual needs. These practices are further analyzed in relation to the five main objectives of Maqāṣid al-Sharī‘ah (al-ḍarūriyyāt al-khamsah), namely ḥifẓ al-dīn (protection of religion), ḥifẓ al-nafs (protection of life), ḥifẓ al-‘aql (protection of reason), ḥifẓ al-nasl (protection of offspring), and ḥifẓ al-māl (protection of property). This study shows that the parenting patterns adopted by single fathers implicitly contribute to the realization of child welfare (maṣlaḥah), thus reflecting the substantive objectives of Islamic law as outlined in the framework of Maqāṣid al-Sharī‘ah.
Praktik Bimbingan Konseling dan Mediasi Keluarga di KUA Kecamatan Kemuning Kota Palembang Nabila, Nabila; Levira, Adelia; Fajri, Galuh Dwi; Al Bustomi, Kgs. M. Abu Yazid; Karina, Karina; Putri, Lady Diana
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1360

Abstract

The family is the smallest social unit that plays a vital role in enhancing community resilience and well-being. In Islam, the ideal family is defined as one that is harmonious, loving, and compassionate. To support the formation of harmonious families, the Office of Religious Affairs (KUA) of Kemuning District, Palembang City, provides family counseling and mediation services oriented towards preventing and resolving domestic conflicts. This study uses a qualitative, descriptive-analytical approach with empirical juridical methods, utilizing in-depth interviews, observations, and documentation studies to understand family mediation practices, the role of mediators, and the factors supporting and inhibiting service success. The results show that counseling and mediation practices at the KUA are implemented systematically, integrating Islamic values ​​and marital law. These services provide a safe and persuasive dialogue space for couples to resolve conflicts, while simultaneously building awareness, responsibility, and commitment in their married lives. The effectiveness of these services is influenced by the couple's openness, the mediator's emotional and spiritual approach, and institutional policy support. Although not all conflicts are successfully resolved through this mechanism, the KUA still plays a strategic role as a preventive instrument in maintaining family resilience. This study emphasizes the importance of strengthening the capacity of mediators and cross-institutional synergy to increase the effectiveness of family counseling and mediation in realizing a harmonious, loving, and compassionate family.
Perlindungan Anak Pasca Perceraian: Analisis Pembatasan Hak Bertemu Ayah dalam Perspektif Hukum Keluarga Islam Dewi, Lhupiana; Dzakiyyah, Zahwa; Nurlita, Nurlita; Kanariansa, Chindona; Raihan, Muhammad Imam; Febrian, Ariel
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1361

Abstract

This study analyzes the restrictions on children's right to see fathers who misbehave from the perspective of Islamic family law. In the context of Islamic law, a child's right to receive affection and guidance from both parents is a fundamental right that must be protected. However, what if the father's behavior actually has a negative impact on the child's moral and psychological development? This is a qualitative study using a normative juridical approach. The results show that father involvement contributes significantly to the child's cognitive, emotional, and social development, but paternal misconduct can cause harm and psychological disorders. Islamic family law allows for proportional restrictions on the right to see children through court or supervisory mechanisms, to protect the child's welfare without completely eliminating the father's rights. This study emphasizes the principle of the best interest of the child as the primary guideline in decision-making regarding the right to see children.
Penerapan Prinsip Ta‘zir terhadap Pelaku Tindak Pidana Ringan dalam Putusan Nomor 156/Pid.B/2020/PN.Pre Albar, Ben; Fadli, Johandi; Lestari, Suci; Salsabilla, Azzahra; Bianka, Mytha; Susilawati, Susilawati
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1363

Abstract

Minor crimes are simple violations of the law that still impact social order. This study aims to analyze the application of the ta'zir principle to perpetrators of minor crimes in Decision Number 156/Pid.B/2020/PN.Pre and examine its relevance to Islamic values ​​of justice. The research method used is qualitative with a normative juridical approach, based on an analysis of court decisions, Islamic criminal law literature, and related legal sources. The results show that judges impose educational and proportional sentences, taking into account the perpetrator's social and economic conditions. This approach aligns with the ta'zir principle, which emphasizes moral development, public welfare, and substantive justice. Thus, the application of the ta'zir principle in this decision reflects the harmony between Islamic law and national law in upholding humanistic justice.
Analisis Maqashid Al-Syariah Terhadap Tingginya Angka Perceraian di Indonesia Pratama, Ananda Rizky; Hidayah, Nabil; Septiani, Amanda; Anggraini, Rince; Sabrinah, Siti Aliya; Andini, Suci
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1386

Abstract

The high divorce rate in Indonesia is a multidimensional phenomenon influenced by economic factors, prolonged conflict, unpreparedness of partners, domestic violence, weak understanding of marital values, and social and cultural changes. This study uses a qualitative approach with a juridical-normative framework, analyzing these factors through the perspective of Maqashid al-Syariah. The results of the analysis indicate that these factors have the potential to threaten the achievement of the main goals of marriage, namely creating sakinah, mawaddah, and rahmah, as well as maintaining the five basic principles of sharia: religion (ḥifẓ al-dīn), soul (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), descendants (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Divorce prevention requires a comprehensive approach that includes premarital education, internalization of marital values, strengthening communication, conflict management, and protecting the rights of family members. Divorce should be used as the ultimum remedium when all preventive efforts have failed, so that the principles of Maqashid remain protected and the goals of marriage can be achieved optimally.
Penetapan Batas Usia  Perkawinan  19 Tahun  Perspektif  Prinsip-prinsip Perkawinan  di Indonesia Anggraini, Yola Septiana; Agustriani, Natasya Sakila; Triandari, Sukma Fitri; Saputra, Prengki Okta; Antolin, Damar
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1399

Abstract

The establishment of the minimum age for marriage at 19 years for men and women through Law Number 16 of 2019 is a state response to the high practice of child marriage, which impacts reproductive health, psychological health, and the fulfillment of human rights. Although this regulation has been enacted, its implementation still faces various challenges, particularly the high number of requests for marriage dispensations that open up opportunities for underage marriage. This study aims to analyze the legal basis for setting a minimum age for marriage at 19 years and examine its relevance to the principles of marriage applicable in Indonesian marriage law. This study uses a qualitative method with a normative juridical approach, through a review of laws and regulations, legal doctrine, and relevant scientific literature. Data analysis techniques are carried out using descriptive qualitative techniques by interpreting legal norms systematically and contextually. The results of the study indicate that the determination of the age of 19 years is in line with the principles of marriage, including the goal of forming a happy and lasting family, the principle of monogamy, the physical and mental readiness of prospective brides and grooms, the principle of making divorce difficult, and the equality of rights and status of husband and wife. However, the weak regulations regarding marriage dispensations have prevented the legal protection of this age limit from being optimally achieved. This study concludes that the 19-year-old age limit normatively reflects the principles of marriage law in Indonesia, but requires strengthening of dispensation regulations and consistent law enforcement to effectively achieve the goals of child protection and family resilience.
Kekerasan dalam Mendisiplinkan Anak: Telaah Batasan dan Celah dalam Pertanggungjawaban Pidana di Indonesia Rani, Febrina Hertika; Samsul, Samsul; Ikhsan, Rd. Muhammad; Ardha, Dea Justicia
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1448

Abstract

In Indonesian positive law, the prohibition of all forms of child abuse is not only present as a legal norm, but also as a moral commitment of the state to guarantee the dignity and safety of children. However, the reality on the ground shows that violence against children still often occurs in closed domestic spaces. Some of these acts are justified on the grounds of discipline, as if the use of physical violence were a legitimate tool in the parenting process. This study aims to identify and understand the precise limits of physical violence that is justified as child discipline under Indonesian positive law and to determine whether there are legal loopholes that allow parental violence in the context of discipline to go unpunished. This study uses normative legal research, an approach that centres legal texts and norms. Indonesian positive law, in principle, prohibits all forms of violence against children. However, the regulations do not provide a clear limit on which disciplinary actions remain justifiable. In other words, the legal boundaries exist normatively, but are not explicitly and operationally articulated so that they can be easily applied in practice. When these provisions are applied in practice, it is clear that there are still significant ambiguities and legal loopholes, namely, the absence of a definition or limitation of discipline in positive law. The existence of room for subjective interpretation by officials and judges. Socio-cultural constructs that still legitimise corporal punishment. The linking of violent offences to the element of injury, so that 'minor' violence often goes unpunished. The absence of explicit norms prohibiting physical violence as a form of child discipline. The lack of consistent law enforcement guidelines and jurisprudence. It is this law that opens up the possibility of impunity, namely, the suboptimal criminal accountability of perpetrators of violence who hide behind the excuse of discipline.
Penetapan Wasiat Wajibah untuk Saudara Non Muslim dalam Kajian Maslahat Setyaningrum, Fatimah khosiyyah setyaningrum; Waty, Wan Hamidah Febry; Salsabilah, Deswita Putri; Habil, Habil; Ardita, Tiara; Fauzan, Ahmad
Journal of Sharia and Legal Science Vol. 3 No. 3 (2025): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v3i3.1460

Abstract

This study examines the Banten High Religious Court Decision Number 0092/Pdt.G/2017/PTA.Btn. with the concept of maslahat which highlights interfaith inheritance disputes between Muslim and non-Muslim heirs. The focus of the study is the construction of judges' considerations in the distribution of inheritance assets, including the proportion of distribution, the basis of ijtihad used, and the legal implications for the protection of heirs' rights. This study is a qualitative study with a normative legal approach, which emphasizes the analysis of laws and regulations, court decisions, and related legal documents. The results show that judges continue to prioritize the rights of Muslim heirs according to Article 171 letter (c) of the Compilation of Islamic Law, while applying mandatory bequest for non-Muslim siblings to maintain a balance of justice and family harmony. The use of legal analogy (qiyas) in determining the rights of non-Muslims reflects the flexibility of Islamic law in adapting formal rules to real social conditions. In conclusion, this decision serves as an example of adaptive legal practice that combines compliance with formal law with the achievement of social welfare, justice, and stability, while also emphasizing the relevance of the concept of maslahah in resolving interfaith inheritance disputes.

Page 7 of 8 | Total Record : 71

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