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Ahmad Arief
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Fakultas Syariah, Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221
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Bilancia : Jurnal Studi Ilmu Syariah dan Hukum
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : 19785747     EISSN : 25799762     DOI : https://doi.org/10.24239/blc.v18i1.2993
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Bilancia is an academic peer-reviewed journal that publishes the current articles and results of research of scholars and students who are deeply concerned with Shariah and Law issues. Bilancia is regularly published twice a year (June and December). The study focuses on the latest discourse in Islamic Law, Islamic Criminal Law, Criminal Law, Civil Law, Civil Court, Islamic Economic Law, Islamic Politic Law, Humanities Law and International Law in Islam, Humanity law and International Law, Sociological Law, Customary Law, Interpretation of Legal Verses and Legal Hadith also Legal Statue, and shariah opinion in astronomy. This is an Open-Access Journal, meaning all content is freely available without charge to users or/institutions. Users are allowed to read, download, copy, distribute, print, search, or link to full-text articles in this journal without asking prior permission from the publisher or author.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 158 Documents
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Regulation of Economic Rights Protection for Women After Divorce From the Perspective of Maqasid Al-Syariah Mugni, Mugni
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 1 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i1.3911

Abstract

The purpose of this study is to explain the regulations on the protection of women's economic rights after divorce and to present a critique from the perspective of Maqasid al-Shari'ah on these regulations. This is a qualitative study, using a library research design. The data collection method employed is literature review. The results of the study indicate that the regulations on the protection of women's economic rights after divorce in Indonesia are contained in several legal provisions, such as Article 41 letter C of Law No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI) Articles 149, 152, 158, 160, 97, 96, and Article 80 paragraph (4) letter (a), as well as Article 160 paragraph (4) of the KHI. In addition, it includes Supreme Court Regulation (PERMA) No. 3 of 2017, Supreme Court Circular Letters (SEMA) No. 1 of 2017, No. 3 of 2018, No. 2 of 2019, and No. 5 of 2021, the Decree No. 1669/DJA/HK.00/5/2021 on the Assurance of the Fulfillment of Women’s and Children’s Rights After Divorce, and the Circular Letter of the Directorate General of Religious Courts No. 1960/DjA/HK.00/6/2021. However, there are legal loopholes in these regulations regarding the protection of economic rights after divorce, making it uncertain and not fully guaranteed that women's economic rights will be fulfilled. Therefore, the regulations cannot entirely ensure the protection of women's economic rights after divorce. This is not in line with Hifz al-Din (protection of religion), as it contradicts the principles of economic rights for women after divorce as mandated by Islamic law. It also does not align with Hifz al-Nafs (protection of life), as it poses risks to the psychological and physical well-being of women, potentially endangering their lives. Furthermore, it is inconsistent with Hifz al-Mal (protection of wealth), as it may jeopardize the financial stability of women who are housewives, particularly those who are elderly or suffering from health issues.
Muslim Consumer Behavior in the Halal Lifestyle Era: A Conceptual Analysis Based on Maslahah Mursalah Alwi, Muhammad; Adam, Muhammad; Yusuf, Hardiyanti
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i2.4338

Abstract

The development of halal lifestyle has fundamentally changed Muslim consumption patterns, from merely fulfilling biological needs to manifesting religious identity, social ethics, and modern aspirations. This article examines the dynamics of Muslim consumer behavior in the context of halal lifestyle trends by highlighting the religious, social, psychological , and economic factors that influence decision-making. Through a conceptual study based on a systematic literature review and recent empirical data, it is found that Muslim consumers are now increasingly active, critical, and oriented towards ethical awareness. Consumption decisions are formed through the interaction between normative sharia values, community social norms, perceived risk benefits, and limited purchasing power. This study highlights the limitations of conventional consumer behavior models that tend to ignore normative aspects, so that a new approach based on maslahah mursalah is needed as an ethical and rational foundation. This article offers a conceptual model of consumer behavior based on perceptions of maslahah that explains the relationship between religious intentions, actual decisions, and the socio-economic impacts of consumption. Its practical implications provide direction for the halal industry, regulators, and academics in designing marketing strategies, certification, and consumer education that support the achievement of maqāṣid al-sharī'ah and the sustainability of the global halal market.
Sipakatau as a Model for Conflict Resolution in Village Head Elections in Luwu Regency, South Sulawesi Armin, Rizka Amelia; Adliyah, Nurul; Putra, Andi Alamsyah Perdana
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i2.4350

Abstract

Conflicts in village head elections are a recurring phenomenon within the dynamics of local politics in Indonesia. In Luwu Regency in 2022, several villages experienced tensions among supporters of competing candidates. Interestingly, some of these conflicts were not resolved through formal legal mechanisms but instead relied on the local wisdom of the Luwu community, namely the Sipakatau philosophy. This study aims to analyze how the humanistic values of Sipakatau are operationalized in resolving electoral disputes at the village level, as well as to highlight its advantages compared to formal mechanisms that tend to be legalistic. The research employed a qualitative phenomenological approach, utilizing observation, in-depth interviews with community leaders, religious figures, and village officials, as well as literature review. Data analysis was carried out descriptively to interpret the practice of Sipakatau in conflict resolution. The findings indicate that the operational mechanism of Sipakatau is manifested through tudang sipulung (deliberative forums), communal cooperation, and socio-religious activities involving all elements of the community. This mechanism emphasizes respect for human dignity, togetherness, and reconciliation without the domination of any single party. The study reveals that Sipakatau is not merely a cultural tradition but also a contextual and effective conflict resolution model that contributes to maintaining the stability of local democracy. The research concludes that local wisdom plays a strategic role in building post-election harmony and has the potential to serve as a policy reference for resolving political conflicts at the village level.
Maqasid al-Syariah as a Framework for Religious Affairs Offices’ Role in Stunting Prevention Haeruddin, Haeruddin; Miftahul Jannah; Muhrim Djakat; Kasim, Dulsukmi; Samsidar Jamaluddin
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i2.4351

Abstract

Stunting remains a critical multidimensional crisis in Indonesia, with Cenrana District in Maros showing a significant increase in cases despite national reduction efforts. Although previous studies have examined the role of religious actors in health, few have analyzed their interventions through the philosophy of systemic law. This study investigates the strategic role of the Religious Affairs Office (KUA) in Cenrana in preventing stunting using Jasser Auda's Maqasid al-Syari'ah System Approach. Using a qualitative field research design, data were collected through interviews with KUA officials, health center staff, and village heads, supported by document analysis. This study reveals that KUA interventions operationalize three key system features in the maqasid system approach, namely Cognition, which reconstructs public understanding of stunting from “fatalistic destiny” to a threat to reason (Hifdz al-Aql); second, the features of Interrelated Wholeness and Hierarchy, which strictly enforce the age limit of 19 for marriage by integrating biological readiness into the validity of a legal marriage (Hifdz al-Nasl); and finally, the feature of Openness, which is demonstrated through cross-sector collaboration in which religious policies are validated by medical data. This study concludes that the KUA has shifted the Maqasid paradigm from mere protection (hifdz) to active human development (tanmiyah), positioning religious institutions as important agents in public health outcomes.
Dual Legal Frameworks on Forced Child Intercourse: Harmonizing Islamic Criminal Law and State Law Cahyani, Sri Indah
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i2.4592

Abstract

This study analyzes legal enforcement regarding forced child intercourse, focusing on Decision Number 714/Pid.Sus/2023/PN Medan. Employing a normative juridical method, this research evaluates the disparity in sanctions between Indonesian Positive Law and Islamic Criminal Law. The findings reveal that the defendant's 7-year sentence, while legally valid under the Child Protection Act, fails to provide substantial justice given the victim's psychological trauma. From an Islamic perspective, the act constitutes zina muḥṣan. However, due to evidentiary challenges regarding ḥadd, the principle of maximum discretionary punishment (ta‘zīr al-quswā) applies, particularly since the offender is a maḥram (incestuous guardian). Islamic legal options include capital punishment, life imprisonment, and financial compensation (mahr al-mithl) for the victim. The study concludes that harmonizing positive law with Islamic principles of aggravated punishment is crucial to ensure proportional sanctions and comprehensive child protection.
Questioning the Legal Considerations of Interfaith Marriage from the Perspective of Islamic Law and Positive Law in Indonesia Najib, Muhammad; Marilang, Marilang; Talli, Abdul Halim
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i2.4593

Abstract

The purpose of this study is to analyze the legal considerations of interfaith marriage in Indonesia in the perspective of Islamic law and positive law in Indonesia. The author uses a normative juridical approach. This research is classified as library research, the data collected is analyzed usingcontent analysis of representative literature and has relevance to the issues discussed, then compared usingcomparative analysis, then reviewed, and concluded. The results show that interfaith marriage has no legal basis in either Islamic law or the Marriage Law. The consideration of the legalization of interfaith marriage in the form of the applicant's human rights to the claim of a legal vacuum is an erroneous legal consideration. Allowing interfaith marriages in Indonesia tends to potentially cause various problems. Therefore, the prohibition of interfaith marriage is more in line with the reality and needs in Indonesia. The study of interfaith marriage needs to receive more attention because the law can change according to changes in time and place. In addition, the prohibition of interfaith marriage needs to be socialized to the public in a simple and easy-to-understand language because the negative impact of different opinions on interfaith marriage often arises in the midst of ordinary people.
Navigating Domestic Conflict: The Implementation of Maqasid al-Syari'ah in Sidorejo Village Ahsan, Ahsan; Zaenab, Zaenab; Hediturmudi, Asep; Hadrawi, Hadrawi; Salam, Abdul
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i2.4594

Abstract

This study aims to reveal efforts to resolve disputes within families through a case study in Sidorejo Village, Wonomulyo Subdistrict, from the perspective of Maqasid al-Syariah (primary maslahat). This is a qualitative study. The research design is field research. The primary data sources for this study consist of the Head of Sidorejo Village as a community leader, Yulianti as a resident of Sidorejo Village, Wati as Yulianti's mother and a resident of Sidorejo Village, the Religious Advisor of the Wonomulyo Subdistrict KUA, and the Imam of Sidorejo Village. The results of this study indicate that: First, the causes of family disputes based on the case study in Sidorejo Village, Wonomulyo Subdistrict, are economic problems, differences in opinions and thoughts, and communication and understanding. Second, efforts to resolve family disputes based on the case study in Sidorejo Village, Wonomulyo Subdistrict, through deliberation and mediation show indicators that are in line with hifz al-Din, hifz al-Nafs, hifz al-'Aql, hifz al-Mal, and Hifz al-Nasl.
Judicial Considerations on Children's Rights Fulfillment in Divorce Rulings: A Study at Makassar Class 1A Religious Court Karmawati, Karmawati; Kurniati, Kurniati; Asni, Asni; Syafii, Ahmad
Bilancia: Jurnal Studi Ilmu Syariah dan Hukum Vol. 19 No. 2 (2025): Bilancia: Jurnal Studi Ilmu Syariah dan Hukum
Publisher : Fakultas Syariah Institut Agama Islam Negeri Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/blc.v19i2.4609

Abstract

The rising divorce rate in Makassar City has significantly impacted children's psychological well-being and educational rights. This study aims to analyze the judicial considerations of judges at the Makassar Class 1A Religious Court regarding the fulfillment of children's rights in divorce rulings, viewed through the perspective of Maqasid al-Syari'ah. This research employs a qualitative method with a field study design, utilizing data from verdict analysis and interviews with judges. The findings indicate that judges prioritize the child's primary interests (maslahat primer), covering the protection of life (hifz al-nafs) and intellect (hifz al-’aql). Judges implement progressive policies, such as mandating an annual percentage increase in child support (e.g., 10%) to combat inflation and determining custody based on the parent's moral and educational assurance rather than strict age limits. However, the effectiveness of these rulings is hindered by the Indonesian Civil Procedure Law, which lacks an automatic monitoring mechanism, often rendering child support rulings as "non-executable paper judgments". This study concludes that legal reform adopting effective forced execution principles is necessary to guarantee children's constitutional rights.

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