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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 41 Documents
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Ensuring Legal Certainty for Customary Law Communities in Indonesia: Analyzing the Ratification Process of the Customary Law Communities Bill Zainurohmah, Zainurohmah; Salim Noer Mahmudi; Jihan Alfarisi
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 1 (2024): Legal Reform, Religious Pluralism, and Social Transformation in Contemporary So
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.31395

Abstract

This study examines the pursuit of legal certainty for customary law communities in Indonesia through analyzing the ratification process of the Customary Law Communities Bill. Customary law communities, integral to Indonesia's cultural fabric, have long grappled with ambiguous legal recognition, leading to vulnerability and uncertainty.  By scrutinizing the journey of the Customary Law Communities Bill towards enactment, this research aims to elucidate the prospects of establishing a robust legal framework safeguarding the rights and interests of these communities. Drawing from legislative documents, legal debates, and stakeholder insights, the study assesses the bill's opportunities and challenges. Additionally, the research delves into the implications of legal certainty for customary law communities, exploring its potential impact on autonomy, cultural heritage, and socio-economic development. Through case studies and empirical evidence, the study illuminates the practical ramifications of the bill's provisions across Indonesia. This study contributes to discussions on legal pluralism, indigenous rights, and community empowerment in Indonesia. By advocating for the recognition and protection of customary law communities within the legal framework, it seeks to foster inclusive governance and cultural diversity. Ultimately, it underscores the significance of ensuring legal certainty as a cornerstone of justice and equality for all communities, irrespective of their cultural or legal traditions.
Juvenile Justice in Comparative Perspective: A Study of Indonesian State Law and Islamic Law Adrian Hadiputra; Muhammad Azil Maskur; Arifin, Ridwan; Ikram Amrullah; Hibatullah Maajid
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31396

Abstract

This study examines juvenile justice systems through a comparative analysis between Indonesian State Law and Islamic Law, focusing on the treatment and legal protection of juvenile offenders. The Indonesian legal framework, which follows a secular approach, offers specific regulations for juvenile justice under the Juvenile Justice System Law (No. 11 of 2012). This law emphasizes rehabilitation and diversion, ensuring that juvenile offenders are treated differently from adults, with a focus on reintegration into society. In contrast, Islamic law, rooted in the principles of Sharia, offers a distinct approach to juvenile justice. While Islamic law does not have a unified legal code for juvenile offenders, its application emphasizes the protection of minors from harsh punishments and prioritizes their rehabilitation. Islamic legal scholars agree on the importance of age and maturity in determining the level of responsibility for a juvenile’s actions. The concept of "ta'zir" (discretionary punishment) plays a significant role in ensuring that juvenile offenders are treated with fairness, aiming at their moral and social reform. This comparative study highlights the similarities and differences between the two legal systems in addressing juvenile crime, considering the broader cultural and legal contexts that shape juvenile justice policies in Indonesia and Islamic law. The paper explores how these legal frameworks balance punishment with rehabilitation and the role of community involvement in reforming juvenile offenders. The study contributes to understanding the potential for cross-jurisdictional insights in improving juvenile justice practices, emphasizing the need for a more unified and human-centric approach in dealing with young offenders.
Beneath The Same Sky, Different Faiths: Why is Interfaith Marriage Prohibited in Islam? Setyawati, Dewi Zahra; Olivia, Veyza; Ardiyanto, Armanda N; Melinda, Qlarissa; Baidhowi, Baidhowi; Novita, Yustina Dhian; Akbar, Hisyam Maliki
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31404

Abstract

Interfaith marriage remains a contentious issue in many legal and religious traditions, particularly in Islam, where it is explicitly regulated. This study explores the theological, legal, and sociocultural reasons behind the prohibition of interfaith marriage in Islam, with a focus on its implications for Muslim communities. Islamic law, derived from the Quran, Hadith, and scholarly interpretations, generally prohibits Muslim women from marrying non-Muslim men, while permitting Muslim men to marry women from the People of the Book (Christians and Jews) under specific conditions. This distinction is rooted in concerns about religious continuity, family structure, and the spiritual well-being of future generations. From a legal perspective, many Muslim-majority countries incorporate these religious principles into their national laws, restricting or entirely prohibiting interfaith unions. The justification for this prohibition is often linked to the preservation of Islamic values and the potential conflicts arising from differing religious obligations within a marriage. Sociologically, interfaith marriages can lead to identity struggles, legal uncertainties, and challenges in raising children with a unified religious identity. However, critics argue that such prohibitions may conflict with contemporary human rights principles, including freedom of marriage and religious choice. By examining Islamic jurisprudence alongside modern legal and social perspectives, this study seeks to provide a nuanced understanding of why interfaith marriage is restricted in Islam and how these regulations impact Muslim communities globally. It also explores the evolving discourse on this issue, particularly in pluralistic societies, where legal frameworks and personal freedoms increasingly challenge traditional religious interpretations.
Sacred Bonds or Sinful Ties? Interreligious Marriage in Islamic Law Ramadhan, Rafli Zidan Eka; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Fateema Muslihatun; Kusuma, Bagus Hendradi
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31405

Abstract

Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.
Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law Sarfitri, Destika Santi Putri; Damayanti, Ratih; Fidiyani, Rini; Winarsih, Winarsih; Qoiri, Mutmainah Nur; Muhsen, Jamaluddin Jamal
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31406

Abstract

Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.
Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights Triandani, Salsabila; Windiahsari, Windiahsari; Masyhar, Ali; Niravita, Aprila; Naelufar, Rizqan
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31407

Abstract

Abortion remains one of the most controversial legal and ethical issues, balancing between reproductive rights, religious doctrines, and state regulations. In Indonesia, abortion laws are primarily governed by the Health Law No. 36 of 2009 and the Criminal Code, which generally prohibit abortion except under specific circumstances, such as medical emergencies or rape-induced pregnancies. These legal restrictions reflect Indonesia’s socio-religious landscape, where Islamic principles significantly influence legislative frameworks. From an Islamic legal perspective, abortion is largely prohibited but with nuanced interpretations depending on the gestational stage and underlying reasons. Classical Islamic jurisprudence generally forbids abortion after ensoulment (believed to occur at 120 days of pregnancy), though some scholars permit it under limited circumstances, such as to preserve the mother’s life or in cases of severe fetal abnormalities. However, differences exist among Islamic schools of thought regarding permissibility before ensoulment, leading to diverse legal applications across Muslim-majority countries, including Indonesia. This study critically examines the intersection of Indonesian state law and Islamic law on abortion, highlighting their points of convergence and divergence. It explores how legal, religious, and ethical considerations shape abortion policies and the implications for women's reproductive rights. The paper also addresses ongoing debates over potential legal reforms, considering global human rights perspectives and the influence of Islamic jurisprudence in shaping reproductive health policies. By comparing these legal frameworks, this study aims to provide a comprehensive understanding of abortion law in Indonesia within both secular and religious contexts.
Neurocognitive Dysfunction and Criminal Liability: Integrating Neuroscience, Legal Theory, and Islamic Thought Nur, Rafika; Hambali , Azwad Rachmat; Igirisa, Ridwanto; Bakhtiar, Handar Subhandi; Zabidi, Ahmad Fakhrurrazi Mohammed
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 2 (2025): Digital Society and Interfaith Legal Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i2.31833

Abstract

This article examines the relationship between neurocognitive dysfunction, criminal behaviour, legal theory, and Islamic thought, with particular attention to the neurobiological foundations of moral decision-making and criminal responsibility. Employing an interdisciplinary normative approach that integrates cognitive neuroscience, criminal law theory, moral philosophy, and Islamic jurisprudence, this study analyses how neurobiological dysfunctions especially those affecting the prefrontal cortex and amygdala may influence impulse control, moral judgement, and antisocial conduct. Drawing exclusively on a critical review of scholarly literature, judicial decisions, and normative legal sources, the article explores the implications of neuroscientific findings for concepts of free will, moral agency, and criminal liability. The analysis demonstrates that while neuroscientific evidence has the potential to inform sentencing mitigation and rehabilitative strategies, its application raises significant ethical and legal challenges, particularly concerning biological determinism, evidentiary reliability, and procedural fairness. From an Islamic legal perspective, sound intellect (‘aql) constitutes the foundation of taklīf (legal responsibility), yet Islamic jurisprudence recognises circumstances in which responsibility may be diminished or removed, in accordance with the principles of raf‘ al-ḥaraj and maqāṣid al-sharī‘ah. The article argues that the absence of clear procedural standards and limited doctrinal integration of neuroscience within criminal justice systems particularly in Indonesia and Malaysia necessitates a more coherent normative framework. Ultimately, this study proposes a holistic and ethically grounded approach to criminal justice reform that integrates neuroscientific insights with legal principles and religious values, aiming to enhance proportionality, procedural justice, and human dignity.
Inclusive Education, Disability, and Interfaith Justice: Legal and Religious Barriers in Plural Indonesian Society Lestari , Eta; Ani Purwanti; Ratna Herawati; Atmojo, Danang Puji; Saputra, Meidi
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 2 (2025): Digital Society and Interfaith Legal Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i2.32547

Abstract

Inclusive education is widely recognized as a fundamental human right; however, its realization for persons with disabilities remains uneven in plural societies such as Indonesia. This study examines inclusive education as an interfaith legal issue, arguing that the persistent failure to achieve substantive equality is not merely a problem of weak policy implementation but a consequence of normative dissonance among state law, religious norms, and social practices. Employing a juridical-empirical approach within a legal pluralism framework, the study draws on qualitative data from interviews, observations, and document analysis to explore how stigma and exclusion are socially and normatively produced. The findings reveal that disability stigma is reinforced through paternalistic religious interpretations, institutional routines in schools, and the lack of harmonization between Law No. 8 of 2016 on Persons with Disabilities and the National Education System Law. At the same time, religious values across faith traditions possess significant normative potential to function as modalities of inclusion when mobilized through interfaith engagement. This study contributes to socio-legal scholarship by reframing inclusive education as a contested normative space shaped by interfaith dynamics and legal pluralism, and by highlighting the necessity of legal reform alongside cross-religious collaboration to achieve substantive justice in education.
Religious Diversity in the Digital Economy: Interfaith Legal Pathways to Harmonize Sharia, Christian Ethics, and International Law Azam, Muhammad; Abdul-Majeed Hamdoun, Abdullah; Alhaleem Maslat Harahsheh , Eid Abed; Mashdurohatun, Anis; Sidauruk, Hamonangan Parsaulian
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 2 (2025): Digital Society and Interfaith Legal Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i2.33011

Abstract

The rapid expansion of the digital economy has generated new opportunities for commerce, communication, and innovation, while simultaneously producing complex legal and ethical challenges with profound implications for religious communities in plural societies. Practices such as fraudulent halal certification in online markets, algorithmic bias affecting devotional content, misinformation that exacerbates interreligious tensions, and fintech models that risk violating prohibitions on riba, gharar, and maisir illustrate how digital governance intersects with religious norms and international legal standards. This article examines five key domains in which these interactions are most visible: consumer protection, religious data privacy, online speech and blasphemy-adjacent harms, fintech ethics, and the recognition of cross-border electronic contracts. The study analyzes statutory instruments, international regulatory frameworks, and Sharia jurisprudence alongside Christian and secular legal-ethical perspectives to assess points of convergence and divergence. The findings reveal substantial agreement across traditions on prohibiting fraud, ensuring transparency, and protecting human dignity, alongside persistent tensions regarding religious sensitivities in advertising, content moderation, and financial design. To address these challenges, the article proposes a harmonization roadmap that includes soft-law guidance for digital platforms, faith-sensitive model clauses for e-contracts and online dispute resolution, judicial interpretive canons grounded in maqāṣid al-sharīʿah and international human-rights norms, regulatory sandboxes for ethical fintech innovation, and academic partnerships for training, auditing, and accountability. By situating digital-economy governance within an interfaith legal framework, the article offers a pathway for transforming digital marketplaces into spaces of fairness, inclusivity, and constructive interreligious coexistence, with particular relevance for Muslim-majority contexts such as Indonesia.
Teaching Tolerance through Law and Language: English for Sharia Purposes and Interfaith Legal Education in Indonesia Saputra, Heru; Sakhiyya, Zulfa; Astuti, Puji; Rozi, Fahrur; Masyhar, Ali; Paudel , Dolendra
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 2 (2025): Digital Society and Interfaith Legal Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i2.33170

Abstract

This study examines how English for Sharia Purposes can serve as a pedagogical platform for cultivating tolerance and interfaith competence among Muslim law students in Indonesia’s plural legal order, where state law interacts with Sharia-based norms and diverse religious communities. Conducted at Universitas Islam Negeri (UIN) Salatiga within the Constitutional Law study program of the Faculty of Sharia, the research responds to institutional commitments to Islamic moderation and global engagement. While English for Specific Purposes (ESP) in Sharia faculties has traditionally emphasized linguistic proficiency, limited attention has been given to its potential for preparing future Sharia lawyers to navigate socio-legal challenges involving religious rights, minority protections, and interreligious dispute resolution. Using a qualitative descriptive design, data were collected through classroom observations, semi-structured interviews with lecturers and students, and document analysis of teaching materials and institutional policy statements. Findings show that debates on minority rights, interfaith-mediation role-plays, and analysis of constitutional and international human-rights texts did more than improve students’ legal English; they fostered professional dispositions of fairness, empathy, and rights-aware reasoning grounded in Sharia principles of ʿadl (justice), tasāmuh (tolerance), and wasatiyyah (moderation). Student reflections suggested movement from “othering” to recognizing non-Muslims as equal subjects of justice, consistent with intercultural sensitivity and interfaith competence models. The study contributes to interfaith law and society by demonstrating how discipline-specific language education can serve as a socio-legal formation, translating interfaith ethics into practical legal communication skills for plural, rights-based contexts.

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