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ILJS
Published by Universitas Pangeran Diponegoro Nganjuk
ISSN : -     EISSN : 27467511     DOI : 10.53429
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Islamic Law is a scientific journal that contains original works of experts in the field of Islamic law that have not been published in the form of articles regarding empirical research and problematic conceptual ideas of law, politics, and Islam through an interdisciplinary, multidisciplinary, transdisciplinary, and cross-disciplinary approach. This journal is published twice a year in March and September in print and online. Islamic Law was published by Lembaga Penelitian (Lemlit) Universitas Pangeran Diponegoro Nganjuk, Jawa Timur
Arjuna Subject : Ilmu Sosial - Hukum
Articles 114 Documents
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Tinjauan Maqāṣid Al-Syarī'ah terhadap Fenomena Penundaan Pernikahan (Late Marriage) di Kalangan Generasi Muda Singapura Zuraimi Bin Abdul Basheer; Rizki Muhammad Haris
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2768

Abstract

The trend of Late Marriage among Singapore's younger generation has increased consistently over the past two decades, as reflected in the rising median age at first marriage and the decline in fertility rates to below replacement level. This phenomenon raises important questions regarding its compatibility with the objectives of Maqāṣid al-Sharīʿah, particularly the preservation of lineage (ḥifẓ al-nasl). This study aims to identify the factors contributing to Late Marriage in Singapore, analyze its implications for individuals and society, and evaluate the phenomenon through a hierarchical Maqāṣid al-Sharīʿah framework. The research employs a qualitative descriptive-analytical approach using a library research design and document analysis. Secondary data were obtained from official sources, including the Singapore Department of Statistics, the Institute of Policy Studies, and the National Youth Council, and were triangulated with previous academic literature as well as classical and contemporary Islamic jurisprudential sources. The findings identify four principal factors contributing to Late Marriage: financial constraints, career and educational priorities, concerns about divorce, and difficulties in finding a compatible partner (marriage squeeze). From the perspective of Maqāṣid al-Sharīʿah, postponing marriage based on personal readiness (ahliyyah) can be considered religiously justifiable. However, prolonged postponement driven by structural pressures may weaken the objective of preserving lineage (ḥifẓ al-nasl) at the societal level. The study recommends a collaborative approach involving government policies, religious institutions, and community organizations to support young adults' readiness for marriage while respecting their financial and emotional preparedness. It also highlights the need for future empirical research to strengthen these conceptual findings through primary data
Resolusi Nonlitigasi atas Penolakan Wali Perkawinan: Peran Penghulu sebagai Mediator M. Amri Pratama; Irwan
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2771

Abstract

This study aims to analyze the efforts of marriage registrars (penghulu) in resolving marriages that are not approved by the guardian (wali) in Galang District. This research employed a qualitative approach with a field research design. Data were collected through in-depth interviews, observation, and documentation involving three marriage registrars who had experience in handling cases of guardians refusing to approve their daughters’ marriages. The findings indicate that no cases of wali adhal officially determined by the Religious Court have occurred in the Office of Religious Affairs (KUA) of Galang District. However, there was a case in which a guardian initially refused to act as the marriage guardian, and the issue was successfully resolved through mediation, persuasive communication, religious counseling, and family deliberation. The marriage registrars played a significant role as mediators by facilitating communication between the guardian, the prospective bride, and family members to reach a mutual agreement. The refusal of guardians was generally influenced by family conflicts, post-divorce disputes, and personal considerations regarding the prospective groom. This study concludes that marriage registrars perform not only administrative duties but also strategic roles in safeguarding family welfare through non-litigation dispute resolution before cases proceed to the Religious Court
Kepastian Hukum dan Perlindungan Hak Istri Atas Gugurnya Izin Ikrar Talak Setelah 6 Bulan (Studi Kasus Perkara No. 274/Pdt.G/2023/Pa.Pyb) Siti Aminah; Muhamad Hasan Sebyar; M. Fadhlan Is
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2775

Abstract

This study aims to analyze the legal certainty and protection of a wife's rights regarding the expiration of the talak (divorce) pronouncement permit after six months, and to examine legal measures or frameworks to prevent the abuse of the right to divorce by the husband in religious court practices. The study employs a normative-juridical method utilizing case, statute, and conceptual approaches. Data collection was conducted through library research using primary, secondary, and tertiary legal materials, followed by qualitative analysis using a descriptive-analytical approach that correlates legal norms (das sollen) with empirical realities (das sein). The findings indicate that the provision regarding the expiration of the talak pronouncement permit after six months provides formal and procedural legal certainty for both parties husband and wife. However, in practice, the protection of the wife's rights remains merely normative and fails to fully guarantee substantive justice, particularly when the husband neglects obligations such as providing maintenance (nafkah). This situation creates an imbalance in legal standing and opens the door for the husband to abuse the right to divorce. Therefore, more responsive legal measures and frameworks are required, including strengthening the role of judges, imposing sanctions for the abuse of rights, optimizing mediation, and reforming regulations to prioritize the protection of women's rights. The Maqashid Sharia (objectives of Islamic law) approach also serves as a crucial foundation for ensuring that divorce practices align with principles of justice, public interest (maslahah), and the protection of vulnerable parties
Analisis Yuridis Masa Jabatan Ketua Umum Partai Politik dalam Negara Demokrasi Perspektif Siyasah Dusturiyah Kaka Anugrah Miranto; Khalid
Bahasa Indonesia Vol 11 No 1 (2026): Islamic Law: Jurnal Siyasah Maret 2026
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v11i1.2785

Abstract

Political parties play a strategic role in Indonesia's democratic system as a means of public political participation and political recruitment for public office. However, Law Number 2 of 2011 on Political Parties does not specifically regulate the periodicity and term of office of the chairperson of political parties. Article 23 paragraph (1) delegates the change of management to the Statutes and Bylaws of each party. This situation creates inconsistencies in regulations and opens the door for someone to hold the position of general chairman for more than two terms. This research uses a juridical-normative method with a juridical-constitutional and siyasah dusturiyah approach. The research aims to analyze the implications of the absence of term limits and to find the ideal concept of term limits for political party chairpersons. The analysis results show that limitations are necessary to maintain regeneration, internal democracy, accountability, and to prevent personalization and concentration of power. In the perspective of siyasah dusturiyah, these restrictions align with the principles of justice (al-'adl), accountability (al-mas'uliyyah), public interest (mashlahah 'ammah), consultation, and the trust of leadership.

Page 12 of 12 | Total Record : 114

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