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Misbahul Munir Makka
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Jl. Dr. S.H. Sarundajang, Kawasan Ringroad I, Malendeng Manado Kode Pos 95128, Sulawesi Utara, Indonesia
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Antmind Review: Journal of Sharia and Legal Ethics
Published by Antmind Youth Empower Foundation
ISSN : 30633885     EISSN : 30633699     DOI : -
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Antmind Review: Journal of Sharia and Legal Ethics is an academic journal that focuses on the multidisciplinary study of Islamic law (Sharia) and legal ethics in a global context. The journal presents in-depth articles on various aspects of Islamic law, including legal theory, legal practice, and contemporary issues related to justice, human rights, and morality in society. In addition, the journal explores the study of legal ethics in a multicultural environment and highlights comparisons with other legal frameworks. Antmind Review: Journal of Sharia and Legal Ethics aims to facilitate constructive dialogue and contribute critical thinking in the development of Islamic legal theory and practice as well as legal ethics globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 17 Documents
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The Legal Complexities of Wali Hakim in Islamic Marriages: Comparative Insights from Indonesia and Beyond Ade, Faisal; Menad, Safia
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/byjene53

Abstract

This study explores the legal complexities surrounding Islamic marriages, focusing specifically on the critical role of Wali Hakim in circumstances where Wali Nasab is unavailable or deemed 'adhal' (recalcitrant). In Islamic jurisprudence, the Wali Hakim acts as a legal guardian appointed to perform marriage ceremonies in cases where the traditional Wali Nasab is either absent, incapacitated, or refuses to perform the marital contract. This research utilizes a mixed-methods approach, including qualitative interviews with religious and community leaders, analysis of existing legal frameworks, and comparative studies of international practices. The findings reveal significant variations in the application and understanding of Wali Hakim across different jurisdictions, highlighting both the challenges and legal interpretations faced within Indonesia. Comparative insights are drawn from other Islamic countries and international legal standards to provide a broader context. The study identifies key discrepancies and recommends potential reforms to align Indonesian practices with international norms. The implications of these findings underscore the need for a nuanced approach to the application of Wali Hakim, balancing traditional Islamic principles with contemporary legal practices. This work contributes to the ongoing discourse on the evolution of Islamic family law and its intersection with modern legal systems.
Marriage Identity Forgery in Indonesia: Legal Consequences and Systemic Loopholes Perspective Tumiwa, Anisa Jihan; Taufik, Muhammad; Sidqi, Imaro
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/x4qfqf57

Abstract

This study explores the phenomenon of identity forgery in marriage registration in Indonesia, an issue that undermines the legitimacy of marital unions and creates complex legal, social, and administrative consequences. Using a normative juridical approach, this research examines statutory regulations, court decisions, and official reports to identify the primary forms of identity forgery, ranging from falsifying personal identification documents to manipulating marital and religious status. The analysis reveals that the absence of an integrated, real-time population database, heavy reliance on physical documents, insufficient verification mechanisms, limited staff training, and low legal literacy are key systemic weaknesses that enable identity forgery to persist. Under Indonesian law, marriages based on forged identities are subject to annulment, which may lead to disputes over property, inheritance, and child custody. Although the law protects the rights of children born from annulled marriages, the administrative and legal complexities remain significant. The study concludes by recommending the urgent development of an integrated digital identity verification system, continuous training for registration officers, strengthened internal and external oversight, and enhanced public legal education. These measures are necessary to safeguard the integrity of marriage law in Indonesia and prevent further abuse of the system.
Strengthening the Role of Islamic-Based Family Mediation in Police Institutions: Lessons from BP4R in Indonesia for Global Practice Saleh, Rusman Muhammad; Yetta, Yasin; Otta, Yusno Abdullah; Pedju, Rizaldy Purnomo
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/5y6t3456

Abstract

The increasing divorce rate among Polri personnel presents a critical challenge affecting individual well-being and institutional performance. As an advisory body within the Polri institution, the Badan Pembantu Penasehat Perkawinan, Perceraian, dan Rujuk (BP4R) is crucial in providing marital counseling and mediation services to support family stability. This study examines the effectiveness of BP4R in resolving family conflicts among Polri personnel through an Islamic law framework. Employing a qualitative approach with a descriptive-analytical design, data were collected through in-depth interviews, field observations, and document analysis at Polres Bolaang Mongondow Selatan. Findings indicate that BP4R's impact is constrained by limited training for its personnel, inadequate awareness among Polri members about its services, and cultural barriers that hinder open discussions about marital conflicts. To enhance BP4R’s role, this study proposes three key strategies: intensive training in Islamic law-based mediation, digitalization of counseling services, and multidisciplinary collaboration with religious leaders and psychologists. These recommendations aim to strengthen BP4R’s capacity to promote marital harmony, reduce divorce rates, and ensure Polri personnel's and their families well-being. The study contributes practical insights for institutional policy-making and theoretical perspectives on integrating Islamic law into family conflict resolution.
Negotiating Islamic Law and State Norms in Child Marriage Practices in Coastal Indonesia Barkah, Qodariah; Sintang, Suraya; Morin, Leanne
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/fer5kf08

Abstract

Despite national legal reforms aimed at curbing child marriage, the practice remains prevalent in Indonesia’s coastal Muslim communities. This study explores the socio-legal dynamics underpinning early marriage in South Minahasa, North Sulawesi, by examining the interaction between Islamic jurisprudence, customary norms, and formal state law. Using a qualitative socio-legal approach, data were collected through in-depth interviews with religious leaders, adat authorities, legal practitioners, affected families, court documents, and field observations. Findings reveal that dominant interpretations of classical Islamic law particularly the emphasis on biological maturity (baligh) as a prerequisite for marriage legitimize child marriage at the grassroots level, often reinforced by socio-economic pressures and honor-based cultural expectations. Moreover, legal instruments such as marriage dispensation and unregistered (siri) marriages are widely used to bypass formal legal constraints. This plural legal reality places religious courts in a normative dilemma between enforcing state law and accommodating communal values. The study argues that preventing child marriage requires not only statutory enforcement but also culturally sensitive engagement with religious authorities, community-based legal education, and a reinterpretation of Islamic norms through the lens of maqāṣid al-sharī‘ah (higher objectives of Islamic law). These findings contribute to broader global discussions on legal pluralism, human rights, and the role of faith-based norms in shaping family law and child protection policies.
Revitalizing Religious-Based Mediation in Peripheral Indonesia: An Empirical Assessment of BP4's Role in Family Conflict Resolution Amin, Nuzliyati; Abbas, Abd Haris; Abubakar, Fatum; Luthfi, Asma
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 1 (2025): Antmind Review: Journal of Sharia and Legal Ethics
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/zaxhpt24

Abstract

This study investigates the effectiveness and institutional dynamics of religious-based mediation practices conducted by the Marriage Advisory, Development, and Preservation Agency (BP4) at the Religious Affairs Office (KUA) in South Morotai, Indonesia, a peripheral region marked by limited legal infrastructure and strong socio-cultural traditions. Using an empirical legal approach supported by interviews, observations, and document analysis, this research assesses BP4's mediation performance in resolving domestic conflicts, particularly between married couples, through the lenses of Soerjono Soekanto's legal effectiveness theory and the normative framework of Maqāṣid al-Sharī‘ah. Findings reveal that although BP4's formal structure has been inactive since 2018, its mediatory functions are still carried out informally by religious leaders and KUA officials. Mediation efforts, grounded in spiritual counseling and community-based norms, have helped reduce emotional tensions and divorce intentions in several cases. However, their effectiveness remains limited due to the absence of institutional protocols, trained mediators, standardized documentation, and post-mediation monitoring systems. This study contributes to the discourse on non-litigation dispute resolution in Muslim-majority societies by highlighting how informal religious authority can substitute and supplement state legal frameworks, particularly in under-resourced regions. It concludes that revitalizing BP4 as a functional mediation institution requires structural and regulatory reform and integrating psychosocial expertise, gender sensitivity, and the maqāṣid-oriented paradigm to ensure a more holistic, equitable, and sustainable family conflict resolution system.
Interfaith Families and the Law in Indonesia: Islamic Law, National Policy, and Human Rights after Supreme Court Circular Number 2 of 2023 Thobroni, Ahmad Yusam; Yusuf, Nasruddin
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 2 (2025): Antmind Review: Journal of Sharia and Legal Ethics (In Progress)
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/ax78aw

Abstract

Interfaith marriage in Indonesia entered a new phase with the implementation of Supreme Court Circular No. 2 of 2023, which prohibits courts from granting petitions for the registration of interfaith marriages. This study examines the challenges of legal protection for interfaith families in North Sulawesi amid the contestation among sharia norms, national policy, and human rights. Using a socio legal approach, the research finds that the new policy reinforces the exclusivist character of sharia norms in family law practice while widening the gap of legal uncertainty for interfaith couples. Families in North Sulawesi face a dilemma between the formal demands of religious and state law and their need to live together and secure their basic rights. Many couples resort to informal or semi formal solutions, such as formal conversion, dual registration, or marrying abroad, which generate new legal risks particularly regarding the status of children and inheritance rights. Local wisdom in North Sulawesi, including tolerance, interfaith dialogue, and inclusive social practices, has proven to be an important asset for dampening potential conflict, but it is not strong enough to ensure long term legal certainty and protection. These findings underscore an urgent need for regulatory reform and harmonization between sharia, legal pluralism, and human rights principles so that the protection of interfaith families can be realized fairly and equally in Indonesia. .
Artificial Intelligence (AI)-Based Premarital Counselling Policy for Strengthening Sakinah Families in Indonesia: An Islamic Family Law Perspective Hamdi
Antmind Review: Journal of Sharia and Legal Ethics Vol. 2 No. 2 (2025): Antmind Review: Journal of Sharia and Legal Ethics (In Progress)
Publisher : ANTMIND YOUTH EMPOWER FOUNDATION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63077/jkae2cy

Abstract

This article examines the potential of an artificial intelligence (AI)-based premarital counselling policy to strengthen sakinah families in Indonesia from an Islamic family law perspective. High and persistent divorce rates, particularly due to prolonged disputes and economic problems, indicate that existing premarital counselling has not been fully effective in preparing couples for married life. This qualitative, descriptive study with a phenomenological approach explores how AI can be integrated into premarital counselling to anticipate sources of marital conflict and to improve the quality of guidance provided to prospective spouses. Primary data were obtained through in-depth, semi-structured interviews with 47 respondents from diverse regional and professional backgrounds, while secondary data were collected from statistical reports, policy documents, and relevant scholarly literature. Data were analysed using Miles and Huberman’s interactive model, including data condensation, data display, and conclusion drawing. The findings show that AI is perceived as useful for expanding access to counselling services, personalising learning materials, supporting soft-skill and religious education, and providing continuous follow-up before and after marriage. At the same time, respondents emphasise the irreplaceable role of human counsellors in offering empathy, spiritual guidance, and contextual judgement. From the standpoint of Islamic family law and maqāṣid al-sharīʿah, the study recommends the development of a national AI-supported premarital counselling platform, strict data protection and ethical standards, and a hybrid service model that combines AI systems with professional counsellors to support the realisation of sakinah, mawaddah, and raḥmah-based families in Indonesia.

Page 2 of 2 | Total Record : 17

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