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Journal Of Legal Sustainability (JOLS)
Published by EL-EMIR INSTITUTE
ISSN : 30628792     EISSN : 30627184     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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 31 Documents
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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.
Tinjauan Yuridis terhadap Perkawinan di Bawah Umur dalam Perspektif Undang-Undang Perkawinan di Indonesia Taufik, Taufik; Winario, Mohd
Journal of Legal Sustainability Vol. 2 No. 1 (2025): Maret 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i1.220

Abstract

This study aims to juridically analyze the practice of underage marriage in the perspective of Law Number 1 of 1974 on Marriage, as amended by Law Number 16 of 2019. The main focus of this research is to examine the conformity of such practices with positive legal provisions and their legal implications for child protection and human rights. The research method used is normative legal research, employing a statute approach and a conceptual approach. Data were obtained through literature studies on statutory regulations, court decisions, and relevant legal literature. The results of the study show that although the minimum age for marriage has been raised to 19 years for both males and females, underage marriage still occurs through the marriage dispensation mechanism. However, the implementation of this dispensation often raises legal and social issues due to weak oversight and the persistent influence of cultural and social pressures in several regions. Therefore, regulatory reinforcement and consistency in law enforcement are needed to ensure the protection of children and the fulfillment of their fundamental rights in the context of marriage.
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.
Analisis Hukum Islam terhadap Praktik Nikah Siri di Indonesia: Studi Kritis atas Aspek Legalitas, Perlindungan Hak Perempuan, dan Dampaknya terhadap Tatanan Sosial Simbolon, Muhammad Iran; Ridwan, M Sulaiman
Journal of Legal Sustainability Vol. 2 No. 1 (2025): Maret 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i1.239

Abstract

This study aims to: (1) assess the legality of nikah siri—unregistered marriages—under classical Islamic jurisprudence (fiqh) and Indonesian statutory law; (2) determine the extent to which women’s rights are protected or neglected; and (3) analyze the practice’s impact on the social order, particularly children’s legal status, family structure, and public perceptions of legal authority. The research adopts a qualitative design with a normative-empirical legal approach. Primary data were gathered through a literature review (covering the four Sunni schools of fiqh, fatwas of the Indonesian Council of Ulama, the Indonesian Marriage Law No. 1/1974 as amended by Law 16/2019, the Compilation of Islamic Law, and Supreme Court decisions) and in-depth interviews with 20 women who had experienced nikah siri in the provinces of Riau, West Java, and West Nusa Tenggara. Data were analyzed using the maqāṣid al-sharīʿah framework to evaluate public welfare (maṣlaḥah) and feminist-legal theory to map gender vulnerabilities. Source and method triangulation ensured data validity. Findings indicate that, although nikah siri is deemed valid in fiqh when all pillars and conditions of marriage are met, the lack of official registration creates legal uncertainty for wives and children in matters of inheritance, maintenance, and civil administration. Field evidence confirms significant social risks, including stigmatization, restricted access to public services, and the economic marginalization of women. The study recommends harmonizing state and Islamic law by mandating marriage registration—grounded in the protective principles of ḥifẓ al-nafs (safeguarding life) and ḥifẓ al-nasl (safeguarding lineage)—and strengthening community education to realize the objectives of Sharia and substantive justice.
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.
Analisis Hukum Islam terhadap Praktek Jual Beli Online Tanpa Kepemilikan Barang (Drop Shipping) Winario, Mohd; Kamalin, Muhammad
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.360

Abstract

This study aims to analyze the practice of online buying and selling without ownership of goods (drop shipping) from the perspective of Islamic law. The main focus of this research is to assess the validity of contracts and ownership status in transactions conducted by business actors who do not directly own, control, or store the goods being sold. The research method used is qualitative with a normative-juridical approach, by reviewing secondary data in the form of classical and contemporary fiqh literature, fatwas of Islamic scholars, as well as regulations governing electronic commerce (e-commerce). The analytical technique used is descriptive-analytical, examining the compatibility of drop shipping practices with the principles of Islamic commercial law (muamalah). The results of the study indicate that drop shipping is permissible in Islam under certain key conditions, including transparency in the contract, absence of deceit or uncertainty (gharar), and the obligation of the seller to disclose that the product is shipped directly by a third party. If these conditions are met, the practice can be categorized as a valid wakalah bil ujrah or salam contract under Islamic law. Conversely, if there is any ambiguity or manipulation of information, the transaction may be considered impermissible (haram) or invalid.
Konsep Keadilan dalam Hukum Islam: Kajian Normatif dan Aplikatif Kamalin, Muhammad; Winario, Mohd; Rafiqoh, Lailan
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.361

Abstract

This study aims to comprehensively analyze the concept of justice in Islamic law from both normative and applicative perspectives, by examining how these justice values are implemented in contemporary legal practices. From the normative perspective, this research explores the primary sources of Islamic teachings such as the Qur’an, Hadith, ijma’, qiyas, as well as the views of classical and modern scholars, which explain the fundamental principle of justice as an integral part of maqashid al-shariah. Meanwhile, from the applicative perspective, this study examines the implementation of justice principles within the Sharia judicial system in several countries, both those that adopt Islamic law as the main legal foundation and those that integrate it partially into their national legal systems. The research method employed is library research with a normative qualitative approach that combines content analysis and comparative study of various literature and legal documents. The findings indicate that justice in Islamic law is not only understood as the imposition of proportional punishment (retributive), but also includes efforts toward restoration (restorative) and prevention (preventive) in order to uphold public interest, protect individual rights, and achieve social balance. However, the application of the concept of justice in modern contexts still faces challenges, particularly in terms of legal interpretation and the process of harmonizing Islamic law with positive legal systems in various Muslim-majority countries.
Analisis Hukum Islam tentang Penerapan Khiyar dalam Transaksi Jual Beli Modern Khairi, Rifqil; Zakir, Muhammad; Assyifa, Zubaidah; Rahmawati, Rahmawati
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.362

Abstract

This study aims to analyze the application of the concept of khiyar in modern sales transactions, particularly in the context of online trade and digital sales systems that are rapidly evolving today. The concept of khiyar in Islamic law grants both the seller and the buyer the right to proceed with or cancel the contract under certain conditions in order to uphold justice and prevent practices that may harm either party. The research method used is a qualitative approach with a normative juridical analysis, examining Islamic legal sources such as the Qur'an, Hadith, and classical as well as contemporary fiqh muamalah literature, and comparing them with the practices of modern sales transactions, including return policies, warranty systems, and consumer protection mechanisms in e-commerce. The findings indicate that the principle of khiyar has been substantially implemented in various modern transaction features, such as return policies, trial periods, and customer complaint systems. However, its implementation has not fully aligned with the principles of fiqh muamalah due to the presence of elements of uncertainty (gharar) and injustice in several digital trade practices. Therefore, education and regulatory strengthening based on Sharia principles are required to ensure that the application of khiyar rights provides fair protection for both consumers and business actors in accordance with the values of Islamic law.
Perbandingan Antara Hukum Islam dan Hukum Positif dalam Masalah Perdata Herlina, Herlina; Sumanto, Dedi; Sehoni, Sehoni
Journal of Legal Sustainability Vol. 2 No. 3 (2025): September 2025
Publisher : EL-EMIR Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63477/jols.v2i3.363

Abstract

This study aims to analyze the application of the concept of khiyar (option) in modern sales transactions, particularly within the context of online commerce and the rapidly growing digital sales systems today. The concept of khiyar in Islamic law grants both sellers and buyers the right to choose to continue or cancel a contract under certain conditions to maintain justice and prevent practices that harm either party. The research method employed is a qualitative approach with normative juridical analysis, examining Islamic legal sources such as the Qur’an, Hadith, and classical as well as contemporary fiqh muamalah literature, alongside a comparison with modern sales practices, including return policies, warranty systems, and consumer protection in e-commerce. The study’s findings show that the principle of khiyar has been substantially implemented in various features of modern transactions, such as product return rights, trial periods, and customer complaint systems. However, these implementations are not yet fully aligned with the rules of fiqh muamalah, as some digital trade practices still contain elements of uncertainty (gharar) and injustice. Therefore, education and strengthening of sharia-based regulations are necessary to ensure that the exercise of khiyar rights provides fair protection for consumers and business actors in accordance with the values of Islamic law.

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