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Achmad Hariri
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Editor in Chief Achmad Hariri, SCOPUS Author ID: 57196441666 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Managing Editor Satria Unggul Wicaksana Prakasa, SCOPUS Author ID: 57208568578 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Editorial Board Dedy Stansyah, Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Ida Nuriya Fatmawati, Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Nadief Rahman Haris, Faculty of Law, University of Airlangga Surabaya, Indonesia Main Handling Editors Levina Yustitianingtyas, Sinta Author ID: 6733165 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Muridah Isnawati, Sinta Author ID: 5999543 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Samsul Arifin, Sinta Author ID: 6823115 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Ahmad Yulianto Ihsan, Sinta Author ID: 6781459 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Al Qodar Purwo Sulistyo, Sinta Author ID: 6696912 Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Board of Editors Anang Dony Irawan, Sinta Author ID: - Faculty of Law, University of Muhammadiyah Surabaya, Indonesia Online Editors Asis, University of Muhammadiyah Surabaya, Indonesia Section Editors Ida Nuriya Fatmawati, University of Muhammadiyah Surabaya, Indonesia Funding, Subsription and Indexer Nurhidayatullah Ramadon, University of Muhammadiyah Surabaya, Indonesia Translator and Proofreader Ro' ifah, English Education, Faculty of Education and Teacher Training, University of Muhammadiyah Surabaya, Indonesia
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Kota surabaya,
Jawa timur
INDONESIA
The Journal Of Socio Legal and Islam Law
Published by Universitas Muhammadiyah Surabaya
ISSN : -     EISSN : 29860202     DOI : -
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The Journal Of Socio-Legal and Islamic Law is a journal in the fields of Law and Society, Socio-Legal Studies on Indonesia, also islamic and syariah law, that can build on a interactive discourse of the Faculty of Law University of Muhammadiyah Surabaya in conducting, international and national interdisciplinary studies of law. The Journal Of Socio-Legal and Islamic Law objective is to become the leading international journal for socio-legal studies on Indonesia. The Journal Of Socio-Legal and Islamic Law publishes theoretical contributions that fall in the socio-legal field, as well as contributions that are the results of empirical and interdisciplinary research on legal issues in Indonesia. Submitted papers are subjected to a double-blind peer-review process by national and/or international experts. The Journal Of Socio-Legal and Islamic Law is published twice a year (in June and December) by Faculty of Law University of Muhammadiyah Surabaya
Arjuna Subject : Ilmu Sosial - Hukum
Articles 65 Documents
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Reconceptualizing Sharia Philosophy: Aligning Divine Legal Principles With Modern Legal Realities Mohammad Syafa'ad; Achmad Musyahid; Lomba Sultan
Socio Legal and Islamic Law Vol 4 No 1 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i1.23336

Abstract

The development of modern society presents new challenges in understanding and implementing Islamic law, particularly in maintaining the relevance of divine values within Sharia in response to contemporary needs. The legal issue addressed in this study concerns the position and scope of the philosophy of Sharia in bridging transcendental Islamic legal norms with continuously evolving social dynamics. This research aims to analyze the concept of Sharia philosophy as an epistemological and normative foundation for the development of adaptive Islamic law without abandoning its essential principles. The method employed is normative legal research using conceptual and philosophical approaches through an extensive literature review of classical and contemporary works on Sharia and Islamic legal philosophy. The findings reveal that the philosophy of Sharia does not merely focus on ritual worship (ibadah) and social transactions (muamalah), but also encompasses rational, ethical, and teleological dimensions of Islamic law, which are reflected in four principal domains: Asrar al-Ahkam (the secrets of Islamic law), Khashaish al-Ahkam (the distinctive features of Islamic law), Thawabi’ al-Ahkam (the characteristics of Islamic law), and Mahasin al-Ahkam (the virtues of Islamic law). These four dimensions affirm that the philosophy of Sharia functions as an intellectual framework for interpreting the objectives, values, and contemporary relevance of Islamic law in a proportional and just manner.
The Relationship Between Sharia And Human Rights In The Constitutions of Muslim-Majority States: Comparative Study of Indonesia, Malaysia, and Egypt Khoiru Khoiru Turmudzi; Prayudi Rahmatullah
Socio Legal and Islamic Law Vol 4 No 1 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i1.29680

Abstract

This research examines the legal issue concerning the constitutional relationship between Sharia law and human rights in Muslim-majority states. The study aims to analyze how Indonesia, Malaysia, and Egypt integrate Sharia principles into their constitutional frameworks while balancing them with the protection of individual human rights. This research employs normative legal research using a comparative approach. The findings reveal that each country adopts a distinct constitutional model that significantly influences the degree of human rights protection. Indonesia applies a moderate constitutional approach by positioning Sharia as a moral and cultural reference rather than as a formally supreme legal source, thereby allowing broader accommodation of international human rights norms. Malaysia institutionalizes Sharia within a dual legal system alongside civil law, which generates structural and normative tensions, particularly in legal disputes related to gender equality, freedom of religion, and personal status law. In contrast, Egypt constitutionally recognizes Sharia as a principal source of legislation, resulting in a stronger influence of religious norms on constitutional interpretation and a higher potential for normative conflict with international human rights standards. The study demonstrates that the constitutional positioning of Sharia plays a decisive role in shaping the scope and effectiveness of human rights protection. It further emphasizes the importance of continuous constitutional interpretation and legal reform to ensure coherence between Sharia-based norms and universally recognized human rights principles.
A Case Study In Contract Breach Lawsuits, Decision Of The Bantul Religious Court Number: 0463/Pdt.G/2011/Pa.Btl Fathor Razi
Socio Legal and Islamic Law Vol 4 No 1 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i1.30228

Abstract

This study aims to examine the judge's decision at the Bantul Religious Court in a contract violation case number 0463/Pdt.G/2011/PA.Btl. This study is descriptive-analytical in nature, revealing key findings, which are then analyzed through the research object. This approach uses a case study method through interviews with judges. The main focus of the case study approach is ratio decidendi. The data obtained was then analyzed using a descriptive-analytical approach related to the main issues in the contract breach lawsuit. Based on the results of the investigation, the object of dispute in this case was ambiguity in the terms of the contract between the two parties, which the judge explained as a mudarabah muthlaqah contract. The judge's considerations refer to the Qur'an, KHES, Kep-Men-Kop dan UKM Number 91/Kep/M.KUKM/IX/2004, and the Technical Guidelines for Administration and Religious Courts. The judge's scientific approach was obtained through a master's program in law and socialization related to Law Number 3 of 2006. In deciding the breach of contract case, the judge used collective ijtihad amid the lack of material legal sources that have not been fully regulated in a rigid and concrete manner.
Double Vulnerabilities of Unregistered Wife After The New Kuhp: An Analysis of The Cohabitation Article As a Threat of Structural Victimization Rizky Wibowo; Nahar Surur
Socio Legal and Islamic Law Vol 4 No 1 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i1.30409

Abstract

Article 412 of Law No. 1 of 2023 concerning the Criminal Code (the Cohabitation Article) is often promoted as a guardian of public morality. However, for those practicing nikah siri (unregistered marriage), this article creates a new dimension of threat that did not previously exist. This study aims to dissect how the cohabitation article in the New Criminal Code potentially serves as an instrument of structural victimization for unregistered wives. This study employs a socio-legal research method with a criminological-victimology and critical legal theory approach. The study finds that unregistered wives face "double vulnerability." First, civil vulnerability due to the lack of legal protection regarding alimony, inheritance, and child status due to the absence of official records. Second, criminal vulnerability where they are now at risk of being reported for cohabitation offenses by third parties (family/relatives) or being criminalized by their own unregistered husbands as a tool of intimidation in domestic disputes. This article challenges the government's narrative that complaint-based offenses (delik aduan) are "safe." The research proves that instead of protecting the institution of the family, this article facilitates structural victimization against women by strengthening the husband's bargaining power in unequal unregistered relationships, thereby positioning the state not as a protector, but as an actor that exacerbates domestic oppression
Adultery As An Absolute Complaint Offense In The New Indonesian Criminal Code: Normative Analysis And Law Enforcement Issues Raka Indra Pratama
Socio Legal and Islamic Law Vol 4 No 1 (2025): The Journal of Socio-Legal and Islamic law
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v4i1.30426

Abstract

The enactment of Law Number 1 of 2023 concerning the Criminal Code (New Criminal Code) brings significant changes in the regulation of criminal acts against morality, particularly adultery, which is closely related to the cultural and moral values ​​of society. This article aims to analyze the regulation of the crime of adultery in the New Criminal Code and identify potential legal issues in its implementation. This study uses a normative legal research method with a statutory and conceptual approach, focusing on Articles 411, 412, and 413 of the New Criminal Code. The results show that the New Criminal Code classifies the crime of adultery into three forms: ordinary adultery, cohabitation or living together as husband and wife outside of marriage, and sexual intercourse with a nuclear family member. Articles 411 and 412 are constructed as absolute complaint offenses that limit the complainant to certain legal subjects, while Article 413 is an ordinary offense. This article also identifies several implementation issues, including the potential criminalization of commercial sex workers (CSWs), legal vulnerabilities for unregistered couples in cohabitation regulations, and the risk of raids or persecution inconsistent with the nature of absolute complaint offenses. Therefore, clarity in implementing regulations and understanding by law enforcement officials are needed to ensure legal certainty.

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