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Contemporary Issues on Interfaith Law and Society
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 28298624     DOI : https://doi.org/10.15294/ciils
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Contemporary Issues on Interfaith Law and Society [ISSN Print: 2829-8373 ISSN Online 2829-8624] is an open-access double blind peer-reviewed journal published by the Faculty of Law Universitas Negeri Semarang and managed by Moslem and Christian Community at Faculty of Law Universitas Negeri Semarang, Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 36 Documents
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Integrating Islamic Principles with Modern Legal Frameworks: Addressing Children’s Origin in Religious Courts Sistyawan, Dwanda Julisa; Pakarti, Muhammad Husni Abdulah; Harmono, Harmono; Judijanto, Loso; Supaat, Dina Imam
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i1.20639

Abstract

This study investigates the legal complexities in determining the status of children born out of wedlock within the framework of Islamic family law, focusing on cases adjudicated by the Temanggung Religious Court. The research is driven by the increasing number of disputes related to birth records, the evidentiary role of DNA testing, and the legal implications for children's civil status and inheritance rights. Employing a normative legal research method, this study analyzes statutory regulations, authoritative legal literature, and selected court decisions to evaluate how legal norms are applied in actual case resolutions. The study aims to explore several critical issues: the implications of different birth records, the role of DNA testing in establishing paternity, and the legal recognition of children born out of wedlock in Islamic family law. Findings indicate that DNA testing has emerged as a pivotal tool in confirming biological paternity, thereby providing legal certainty and safeguarding children's inheritance rights. However, inconsistencies in birth record documentation often result in ambiguity and pose challenges in determining legal parentage. The jurisprudence of the Temanggung Religious Court demonstrates varied approaches, reflecting both the rigidity and adaptability of current legal interpretations in reconciling religious doctrine with scientific evidence. The study concludes that despite the availability of scientific methods, the absence of uniform legal standards contributes to inconsistencies in the protection of children's rights. Legal reform is therefore necessary to harmonize Islamic legal principles with modern evidentiary practices. Strengthening procedural clarity and integrating scientific proof within religious adjudication frameworks will promote a more equitable and rights-based approach in family law, particularly in matters of parentage and inheritance.
Sharia Law and Minority Civil Rights: The Access of Non-Muslims to Bureaucracy and Public Services in the Aceh Province Muhtada, Dani; Irawaty, Irawaty; Ningsih, Ayup Suran; Alkhair, Rayyan
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i1.24934

Abstract

The objective of this article is to examine the extent to which the implementation of Islamic law in Aceh has affected the civil rights of non-Muslim groups. Its focus is on their access to bureaucracy and public services after the implementation of Islamic sharia. The article seeks to answer these questions: (1) What is the opinion of the non-Muslim communities in Aceh on the implementation of Sharia law and its impacts on their lives in Aceh? (2) Do they experience discrimination when it comes to bureaucracy, government, and access to public services after the special autonomy status granted in Aceh? (3) What is the strategy for strengthening access to bureaucracy and public services for non-Muslim community in Aceh? To answer this question, the author conducted research using a qualitative approach with a purposive sampling technique involving seven informants ranging from local bureaucrats, interfaith leaders and non-moslem NGO to utilizes in-depth explanation to assess the accessibility of public services and bureaucratic systems under the implementation of Sharia law. The article indicates that there has been a shifting opinion among non-Muslims in Aceh before and after the implementation of Islamic Sharia in Aceh. Before the implementation of Islamic law, they had a slanted view of Islamic law. But after the implementation of Islamic Sharia, their views have changed positively. When dealing with bureaucracy and public services, non-Muslims generally do not feel any discrimination. However, there have been instances where non-Muslims faced difficulties in obtaining permits for activities.
Protecting the Religious Belief: A Study on the Blasphemy Laws Across Jurisdictions and Religions Ali, Mahrus; Al-Fahad, Hamad Faisal; Prabowo, M Shidqon; Wibawa, I Putu Sastra; Harefa, Beniharmoni; Sanjaya, Aditya Wiguna
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i1.25521

Abstract

The purpose of this article is to examines legal and religious dimensions of blasphemy in the provisions of Penal Code of Indonesia, Kuwaiti law correspond to the established principles of Islamic, Christianity, and Hinduism. This is through employing a critical and comparative approach, the study compares the foundational of Penal Code of Indonesia and the Kuwaiti legislation as well as Islamic Sharia, Christianity and Hinduism, identifying areas of overlap in criminalizing offenses against religious belief. The paper found that the Penal Code of Indonesia criminalizes incitement or coercion aimed at making others abandon their religion or belief through violence or threats, while Kuwaiti law largely reflects the Sharia based prohibition of conduct deemed offensive to sacred values. The underlying philosophies behind the criminalization of blasphemy in Islamic Sharia, Penal Code Kuwaiti law, may differ in their foundational justifications, they join on a shared notion, to protect religious thoughts and prevent the incitement of discord and hatred under freedom of expression. From the Christianity perspective, Christians are taught not only to forgive, pray for, and bless the offender, but also, if needed, to pursue legal avenues as provided by national laws. Hinduism places greater importance on maintaining fraternal relationships among humans being than on defending the honour of the religion or its deities. If an act is deemed blasphemous according to the law of the state, the recommended course of action in Hinduism is to restore spiritual balance through a ritual of atonement known as Prayascitta.
The Role of Interfaith Law and Policy in Managing Human Resources: Addressing Religious Diversity in the Workplace Tjokro, Gunawan; Zaenuri, Zaenuri; Yanto , Heri; Rokhman, Fathur; Rajagukguk , Abdul; Ezzerouali , Souad
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/0dks2w56

Abstract

The increasing religious diversity in Indonesia poses significant challenges to human resource (HR) management in the workplace. This paper explores the role of interfaith law in addressing these challenges and promoting inclusivity in the Indonesian workplace. The novelty of this study lies in its focus on the intersection of religious diversity and HR management within the legal framework of Indonesia, particularly through the lens of interfaith law. By examining the current legal provisions and practices surrounding religious rights and freedoms, the paper underscores the critical role that interfaith law plays in creating an environment where employees from diverse religious backgrounds can coexist harmoniously. The urgency of addressing religious diversity in HR management is highlighted by the potential risks of discrimination, conflict, and marginalization, which can negatively impact organizational performance and employee well-being. With Indonesia being a predominantly Muslim country, but home to various other religious communities, the challenge of balancing religious rights and organizational goals remains ever-present. This paper contributes to the growing body of literature on diversity management by proposing legal frameworks and HR practices that not only comply with religious laws but also enhance organizational effectiveness. The findings call for more robust policies that integrate interfaith principles to manage religious diversity effectively, ensuring equitable treatment of all employees and fostering an inclusive workplace culture. By addressing the gaps in existing HR strategies, this study offers valuable insights for practitioners, policymakers, and scholars in managing religious diversity in Indonesia's dynamic workplace environment.
Reconstructing Integrative Islamic Economics: Imam Mālik’s Substantive Legal-Economic Framework in al-Muwaṭṭaʾ and Its Relevance for Contemporary Plural Legal System Murtadho, Ali; Mujibatun, Siti; Mohamad, Maizatul Saadiah
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i1.28153

Abstract

Islamic economics integrates normative ethical principles with empirical realities, emphasizing justice (ʿadl), welfare (maṣlaḥah), and holistic prosperity (falāḥ). In contrast to conventional economics, which often detaches value judgments from analysis, Islamic economics seeks moral coherence in practice. This study explores the integrative economic thought of Imam Mālik ibn Anas (93–179 AH / 711–795 CE) as articulated in al-Muwaṭṭaʾ, a foundational legal text notable for embedding legal rulings within real economic contexts. Mālik’s jurisprudence reflects an empirical-normative synthesis, operationalizing Sharīʿah ethics in economic transactions through principles such as value equivalence, transparency, risk-sharing, and avoidance of speculation (gharar, maysir). The study employs a multidisciplinary qualitative methodology grounded in textual analysis to examine how al-Muwaṭṭaʾ provides a coherent framework for value-based economics. It investigates key legal-economic themes including contract ethics, distributive justice, monetary stability, and risk management. Findings suggest that Mālik’s integrative approach offers a corrective paradigm for contemporary Islamic finance, which often privileges legal form over economic substance. His model supports a shift toward ethical substance aligned with maqāṣid al-sharīʿah, offering relevance not only within Muslim-majority societies but also in pluralistic legal systems. This study contributes to the development of Islamic economic thought by advocating a paradigm rooted in ethical authenticity, responsive governance, and cross-cultural applicability—thereby advancing a more substantive and policy-relevant Islamic economic discourse.
Legal Discourse on Contract Marriage in Indonesian and Islamic Law Akrimatil Izzat; Siti Afifah Ahmed Mulki
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 1 (2022): Religious Freedom, Moral Values, and Legal Pluralism in Contemporary Legal Disc
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.31346

Abstract

Contract marriage, also known as temporary or mut’ah marriage, has garnered significant attention within both Indonesian civil law and Islamic legal frameworks. This paper examines the legal discourse surrounding contract marriage in Indonesia, juxtaposing it with principles derived from Islamic jurisprudence. Through a comprehensive analysis of legal texts, court cases, and scholarly opinions, this study explores the complexities and divergent interpretations surrounding the validity, implications, and societal perceptions of contract marriage in Indonesia. The paper begins by delineating the historical background and evolution of contract marriage within Indonesian society, tracing its roots in Islamic tradition and its assimilation into the legal framework of the nation. Subsequently, it delves into the multifaceted legal perspectives on contract marriage, scrutinizing debates regarding its legality, morality, and socio-cultural implications. Furthermore, this paper scrutinizes the judicial stance on contract marriage, examining landmark court cases and legal precedents that have shaped its legal status and societal reception. It also evaluates the role of religious authorities and their interpretations of Islamic law concerning contract marriage, shedding light on the discrepancies between legal theory and practical implementation. Moreover, the paper explores the socio-cultural ramifications of contract marriage within Indonesian society, analyzing its impact on gender dynamics, familial structures, and broader social norms. The study investigates the intersections of contract marriage with issues such as women's rights, marital stability, and religious identity, providing insights into the complex interplay between legal, religious, and socio-cultural factors. 
Inter-Religious Marriage: A Controversial Issue in Indonesia Dani Setiawan
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 1 (2022): Religious Freedom, Moral Values, and Legal Pluralism in Contemporary Legal Disc
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.31348

Abstract

Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others. 
Legal Protection for Tolerance and Freedom Among Religious People in Indonesia Mar'ie Muhammad Falah Akbar
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 1 (2022): Religious Freedom, Moral Values, and Legal Pluralism in Contemporary Legal Disc
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.31350

Abstract

Legal protection for tolerance and freedom among religious individuals in Indonesia is intricately linked to the country's foundational principles, particularly Pancasila, which emphasizes the divinity of the Almighty. Despite Indonesia's secular stance, it recognizes its religious identity, guaranteeing the rights of adherents of all faiths to practice their beliefs without discrimination or harm. This commitment to religious freedom is enshrined in the 1945 Constitution of the Republic of Indonesia, specifically in Articles 28E, 28J, and Article 29. These constitutional provisions serve as the cornerstone for safeguarding the rights of religious minorities and ensuring their legal protection within the Indonesian state. Moreover, legal protections extend to mitigate potential conflicts between religious freedom and the rights of others. According to the harm principle proposed by philosopher John Stuart Mill, limitations on religious freedoms are permissible when they impinge upon the rights and freedoms of others. This principle guides the Indonesian legal framework in balancing individual liberties with societal interests, promoting harmony and coexistence among diverse religious communities. Furthermore, the perspective advocated by human rights advocate Asma Jahangir underscores that restrictions on religious freedom primarily apply to the external forum, preserving individuals’ internal beliefs and practices. This nuanced understanding highlights the importance of respecting both individual autonomy and societal harmony within Indonesia's diverse religious landscape.
Analysis Protection of the Right to Freedom of Religion in Prohibition of Worship at Al Aqsa Mosque by Israeli Police to Palestinians: Insight from Indonesia Yuawanda Tri Maryoga; Ibrahimi Yahya el Fasha
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 1 (2022): Religious Freedom, Moral Values, and Legal Pluralism in Contemporary Legal Disc
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.31359

Abstract

This study conducts an analysis of the protection of the right to freedom of religion amidst the prohibition of worship at the Al Aqsa Mosque by Israeli police targeting Palestinians. Amidst ongoing tensions in the region, particularly in Jerusalem, this research scrutinizes the legal frameworks and human rights implications surrounding the restrictions imposed on worship activities at one of Islam's holiest sites. Utilizing qualitative research methods, including legal analysis and examination of relevant international human rights instruments, this study aims to elucidate the complexities and challenges faced by Palestinians in exercising their religious freedoms. Through an exploration of primary and secondary data sources, including reports, legal documents, and testimonies, this research seeks to shed light on the socio-political context and legal justifications underpinning the actions of the Israeli authorities. Ultimately, this study contributes to the broader discourse on religious freedom and human rights violations in conflict-affected areas, highlighting the urgent need for international attention and intervention to safeguard the rights of Palestinians to worship freely at the Al Aqsa Mosque.
Participation of Judicial Decisions as The Form of The Implementation of Moral Values in Case Statement Based on Rechtvinding Activities and Negative Wetjlike Theorie Ikhda Zikra; Cuong Lan Minh
Contemporary Issues on Interfaith Law and Society Vol. 1 No. 1 (2022): Religious Freedom, Moral Values, and Legal Pluralism in Contemporary Legal Disc
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v1i1.31361

Abstract

The judge is the spearhead as well as the parameter of justice test conducted by the justice seekers. One of them through decisions issued by the judge, many things that need to be considered and considered by the judge in deciding a case, especially because the justice is universal and the science of law which is a science that is multidisciplinary means not monotonous or only limited to eyeglasses or juridical point of view only but need to pay attention to other values ​​that live, grow, and develop in society both written and written. Article 16 and 28 of Law Number 4 Year 2004 as already amended into Law mandates that judges are prohibited from refusing cases that enter the Court under the pretext that the law does not regulate, it is unclear but is obliged to examine and decide upon the case. Then in article 28 explained that the judge must dig the values ​​that exist in society. This is to ensure a sense of justice for the community because the law is not what is contained in the law alone but also pay attention to other laws that are Living Law and Unwritten Law in the form of habits that exist in society, customs, or traditions is still acknowledged and lives, grows, and develops with the community based on the mandate of Pancasila and the Constitution of the Republic of Indonesia which is accommodated in Article 18 B Paragraph (2) that "the state recognizes and respects the unity of society as long as it exists within the community" in its legal considerations shall explore and include these values ​​for the implementation of social justice for all Indonesian people. So, the judge's conviction in deciding a case also greatly affects the content of the decision so as not to negate the existing morality as a unity of values ​​that live and grow in society. HLA Hart acknowledges that law and morals have a very close relationship, even Hart reveals that between law, justice and morality has a very close relationship, even one of the aspects of justice, namely administrative justice, in the law of the minimum nature of law and morality.

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