cover
Contact Name
Mohd. Winario
Contact Email
mohd.winario27@gmail.com
Phone
+6285264528808
Journal Mail Official
mohd.winario27@gmail.com
Editorial Address
Jl. Buana/Jl. Kubang Raya
Location
Unknown,
Unknown
INDONESIA
Journal Of Legal Sustainability (JOLS)
Published by EL-EMIR INSTITUTE
ISSN : 30628792     EISSN : 30627184     DOI : -
Core Subject : Social,
Journal Of Legal Sustainability (JOLS) is published by the EL-EMIR Institute in helping academics, researchers, and practitioners to disseminate their research results. JOLS is a blind peer-reviewed journal dedicated to publishing quality research results in the fields of Civil Law, Economic Law, Criminal Law, Constitutional Law, State Administrative Law, International Law, Environmental Law, Islamic Law, Agrarian Law, Law Civil Procedure, Criminal Procedure Law, Administrative Procedure Law and other fields related to Legal Studies. All publications in the JOLS are open access which allows articles to be available online for free without any subscription. JOLS is a national journal with e-ISSN: 3062-7184, and is free of charge in the submission process and review process. Journal of Legal Sustainability publishes articles periodically twice a year, in March, June, September and December. JOLS uses Turnitin plagiarism checks, Mendeley for reference management and supported by Crossref (DOI) for identification of scientific paper.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol. 2 No. 2 (2025): Juni 2025" : 5 Documents clear
Persepsi Tokoh Agama tentang Pernikahan Dini: Kajian Kualitatif dalam Perspektif Hukum Islam Harahap, Ahmad Rofii; Sehoni, Sehoni
Journal of Legal Sustainability Vol. 2 No. 2 (2025): Juni 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i2.198

Abstract

This study aims to examine the perceptions of religious leaders toward the practice of early marriage from the perspective of Islamic law. The phenomenon of early marriage remains prevalent in various regions, and religious leaders play a significant role in shaping public opinion and influencing community decisions on the matter. This research employs a qualitative approach using a case study method. Data were collected through in-depth interviews with several religious figures (including ulama, ustadz, and marriage registrars) in selected areas with relatively high rates of early marriage. The data analysis technique was conducted using a qualitative descriptive approach, which included data reduction, data presentation, and conclusion drawing. The findings indicate that religious leaders' perceptions of early marriage vary. Some consider early marriage to be religiously permissible (shar’i) if it meets the required conditions and pillars of marriage and is based on public benefit, particularly in preventing promiscuity. However, others emphasize the importance of age maturity, mental preparedness, and long-term welfare considerations, leading them to generally discourage early marriage. Overall, religious leaders agree that early marriage should be viewed contextually, not solely based on biological age, but also by considering psychological, social, and applicable legal aspects in Indonesia.
Peran Tokoh Agama dalam Penyuluhan Hukum Perkawinan Islam Sehoni, Sehoni; Fernando, Akel
Journal of Legal Sustainability Vol. 2 No. 2 (2025): Juni 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i2.200

Abstract

Religious leaders play a strategic role in educating the public about Islamic marriage law, particularly in the dissemination of sharia values and relevant legal regulations. This study aims to examine the role of religious leaders in the dissemination of Islamic marriage law, focusing on their educational, preventive, and mediative functions. Using a qualitative approach and field research, the study found that religious leaders are not only conveyors of religious teachings but also act as counselors and mediators in resolving household issues. They help bridge the community's understanding of both positive law and Islamic norms related to marriage, including matters such as dowry (mahar), marriage guardians (wali nikah), polygamy, and divorce. The findings show that the effectiveness of legal counseling largely depends on the credibility of the religious leaders, the approach and methods they employ, as well as institutional support from both the government and the community. Therefore, strengthening the capacity of religious leaders in legal counseling is an urgent need in order to foster harmonious families that align with the principles of Islamic law.
Mahar Fantastis dalam Budaya Perkawinan: Antara Tuntutan Tradisi dan Prinsip Hukum Islam Winario, Mohd; Kamalin, Muhammad
Journal of Legal Sustainability Vol. 2 No. 2 (2025): Juni 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i2.238

Abstract

This study aims to examine the phenomenon of fantastic dowries in marriage practices in society, especially in relation to the demands of tradition and the principles of Islamic law. The main focus of this study is to analyze how the amount of dowry is influenced by local social and customary norms, and how it has the potential to deviate from the essence of dowry in Islam which reminds of ease and convenience in marriage. The method used in this study is a qualitative approach with data collection techniques in the form of in-depth interviews, observations, and documentation studies in several marriage cases that occurred in certain areas known for their high dowry demands. The results of the study show that fantastic dowries often arise due to social pressure, status symbols, and competition between families. Although not explicitly contrary to Islamic law, this practice often creates an economic burden for prospective grooms and families, and in some cases even causes delays or cancellations of marriages. This study recommends the need for education and a cultural approach that restores society's understanding of dowry as a form of symbolic respect, not a material burden.
Perlindungan Anak dalam Perspektif Hukum Islam: Tinjauan atas Hak dan Kewajiban Orang Tua Rafiqah, Lailan; Simbolon, Parlindungan; Ridwan, M Sulaiman
Journal of Legal Sustainability Vol. 2 No. 2 (2025): Juni 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i2.240

Abstract

This study aims to analyze the concept of child protection from the perspective of Islamic law, with a focus on the rights and responsibilities of parents toward their children. Child protection is a fundamental aspect in Islam, encompassing the fulfillment of physical, emotional, and educational needs, as well as protection from violence and neglect. The method used in this study is a qualitative approach through library research, analyzing verses from the Qur’an, the sayings of the Prophet (hadith), and the views of classical and contemporary scholars related to children's rights and parental responsibilities. The results of the study show that Islam places great emphasis on child protection as a trust that must be safeguarded. Children's rights in Islam include the right to life, the right to a clear lineage, the right to education, affection, financial support, and protection from physical and psychological abuse. Parents have both moral and religious obligations to ensure these rights are fulfilled. This study recommends strengthening the role of the family as the foundation of child protection within the framework of Islamic values, as well as fostering synergy between sharia principles and the positive legal system in order to establish a holistic and sustainable protection system for children.
Hukum Islam terhadap Transaksi Digital: Studi tentang Jual Beli Online dalam Perspektif Fiqh Muamalah Ridwan, M Sulaiman; Winario, Mohd; Kamalin, Muhammad
Journal of Legal Sustainability Vol. 2 No. 2 (2025): Juni 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i2.241

Abstract

The rapid development of information technology has driven a transformation in buying and selling practices, particularly through digital platforms or online transactions. This study aims to analyze the legal aspects of online transactions from the perspective of fiqh muamalah and to identify the valid conditions for digital transactions according to Islamic principles. The study also examines the compatibility of online buying and selling practices with the core principles of muamalah, such as honesty, clarity of contract, and the absence of gharar (uncertainty) and maysir (speculation). The research method employed is a qualitative-descriptive approach using library research techniques, analyzing classical and contemporary fiqh literature, scholars' fatwas, and regulations related to digital transactions. The data is analyzed normatively through the approach of usul fiqh to assess the legality of digital transactions from an Islamic legal perspective. The findings indicate that, in general, online buying and selling is permissible in Islam as long as it fulfills the essential elements and conditions of a contract, namely the presence of clearly identified seller and buyer, lawful and well-defined objects of transaction, and a valid offer and acceptance (ijab and qabul), even in digital form. However, online transactions are also vulnerable to violations of muamalah ethics, such as fraud, gharar, and delivery delays, thus requiring supervision and a better understanding of Islamic commercial law by both business actors and Muslim consumers. Therefore, education in contemporary fiqh muamalah is crucial to support digital transactions based on sharia principles.

Page 1 of 1 | Total Record : 5