Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
INKLUSIF: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum is a double-blind peer-reviewed journal that publishes scholarly research in Islamic law and legal science through interdisciplinary, contextual, and contemporary approaches. The journal provides an academic forum for the development of legal thought, legal reform, and practical legal analysis within Indonesian Muslim society and global contexts. The journal bridges classical and contemporary legal studies by welcoming normative, doctrinal, empirical, comparative, and socio-legal research. Its focus encompasses Islamic law, national legal systems, and contemporary legal issues arising from social, political, economic, technological, and environmental developments. The scope of the journal includes, but is not limited to: Islamic Law and Its Contemporary Application Studies on Islamic criminal law, civil law, family law, economic law, Islamic constitutional thought, fatwas, religious courts, legal pluralism, and the application of Islamic law in Indonesia and other Muslim societies. Criminal Law and Criminal Justice Reform Research on criminal policy, law enforcement, corruption, restorative justice, victim protection, sentencing, penal reform, cybercrime, and contemporary challenges in criminal justice. Civil, Economic, and Business Law Studies on contracts, property, commercial transactions, consumer protection, Islamic finance, halal industry, waqf, zakat governance, MSMEs, corporate responsibility, and economic legal development. Constitutional, Administrative, International, and Human Rights Law Research on constitutionalism, governance, public administration, judicial review, state institutions, international legal norms, human rights, and the relationship between national and global legal orders. Medical, Environmental, Customary, and Contemporary Legal Issues Studies on health law, bioethics, patient rights, environmental justice, climate-related legal issues, customary law, indigenous rights, technology and law, artificial intelligence, data protection, legal ethics, and access to justice. Through interdisciplinary and practice-oriented research, INKLUSIF seeks to strengthen Islamic legal scholarship and legal science by promoting justice, inclusivity, legal certainty, public welfare, and sustainable governance.
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<![CDATA[Reconstructing Child Custody Law in Indonesian Religious Courts: Integrating Islamic Law, Child Rights, and Substantive Justice ]]>
<![CDATA[Lina Nur Anisa]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22023
<![CDATA[This study aims to propose a comprehensive model for reconstructing child-custody law in Indonesia’s religious courts by integrating Islamic family law, children’s rights, and substantive justice. Utilising a hermeneutic and descriptive-analytical approach to library research, the study analyses legal texts, court decisions, and relevant literature. The results reveal significant gaps between legal norms and actual judicial practices, particularly regarding the prioritisation of gender biases and legal formalities over child welfare. The study identifies that child custody decisions often overlook universal child protection principles and fail to consider substantive justice. The proposed model advocates for legal reforms, including enhancing judicial capacity, integrating psychological assessments, and promoting restorative justice in dispute resolution. This research contributes to family law reform by providing a comprehensive framework that centres child welfare in custody decisions, aiming for a more responsive and just legal system. Furthermore, it offers both conceptual and practical guidance to improve child protection in Indonesia’s family courts, address contemporary societal needs, and advance an inclusive, child-centred family law that balances progressive values with cultural sensitivity. The findings emphasise the importance of cross-sector collaboration in implementing these reforms, urging policymakers, judges, and child protection agencies to work together for the betterment of child welfare in legal proceedings.]]>
<![CDATA[Reconstructing Child Custody Law in Indonesian Religious Courts: Integrating Islamic Law, Child Rights, and Substantive Justice ]]>
<![CDATA[Lina Nur Anisa]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22023
<![CDATA[This study aims to propose a comprehensive model for reconstructing child-custody law in Indonesia’s religious courts by integrating Islamic family law, children’s rights, and substantive justice. Utilising a hermeneutic and descriptive-analytical approach to library research, the study analyses legal texts, court decisions, and relevant literature. The results reveal significant gaps between legal norms and actual judicial practices, particularly regarding the prioritisation of gender biases and legal formalities over child welfare. The study identifies that child custody decisions often overlook universal child protection principles and fail to consider substantive justice. The proposed model advocates for legal reforms, including enhancing judicial capacity, integrating psychological assessments, and promoting restorative justice in dispute resolution. This research contributes to family law reform by providing a comprehensive framework that centres child welfare in custody decisions, aiming for a more responsive and just legal system. Furthermore, it offers both conceptual and practical guidance to improve child protection in Indonesia’s family courts, address contemporary societal needs, and advance an inclusive, child-centred family law that balances progressive values with cultural sensitivity. The findings emphasise the importance of cross-sector collaboration in implementing these reforms, urging policymakers, judges, and child protection agencies to work together for the betterment of child welfare in legal proceedings.]]>
<![CDATA[Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison ]]>
<![CDATA[Sarip Hidayat]]>;
<![CDATA[Suwari Akhmaddhian]]>;
<![CDATA[Andri Hendriawan]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22272
<![CDATA[his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.]]>
<![CDATA[Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison ]]>
<![CDATA[Sarip Hidayat]]>;
<![CDATA[Suwari Akhmaddhian]]>;
<![CDATA[Andri Hendriawan]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22272
<![CDATA[his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.]]>
<![CDATA[The Existence of Cancellation of Grant in Religious Courts: A Legal Analysis and Maqashid Sharia of The Decision Number 6481/Pdt.G/2021/Pa.IM ]]>
<![CDATA[Yusuf Agung Purnama]]>;
<![CDATA[Slamet Firdaus]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22321
<![CDATA[Grants are given to others with no hope of existence, reward, or whatever, and are done willingly, without counter-performance from the party that gives. The giver still lives. Grants cannot be cancelled except for the grant parent to child matter, as mentioned in the hadith of the Prophet, KUHPER, and the Compilation of Islamic Law. The purpose of this study is to analyse the juridical aspects of Islamic Law, Positive Law and Maqashid Syariah above the judge’s decision in the case number 6481/Pdt.G/2021/PA.IM regarding the case cancellation grant. The research method used by the author, which involves descriptive research , is one of the forms of research that includes qualitative research. The data used in the study are qualitative. Qualitative data, namely data presented in verbal form, is not in a numerical form. Among others, search and collect data with classification, including primary data and secondary data. In research, the author uses interviews, documentation and observation for data collection. The results of the research from the judge’s considerations in deciding case number 6481/PDT.G/2021/PA.IM regarding the case cancellation grant, the panel of judges’ opinion is that the lawsuit plaintiff must state No cannot be accepted. This is in accordance with Circular Letter Supreme Court Number 3 of 2018, letter A, number 4. In the formulation of the law of the religious chamber that the lawsuit whose object of dispute is still a debt guarantee and the judge does not use other legal considerations, in fact the judge in deciding a case should be based on the law and/or statutory regulations related to the lawsuit, such as Article 212 of the KHI which allows parents to withdraw their gifts and Article 1688 of the Civil Code.]]>
<![CDATA[The Existence of Cancellation of Grant in Religious Courts: A Legal Analysis and Maqashid Sharia of The Decision Number 6481/Pdt.G/2021/Pa.IM ]]>
<![CDATA[Yusuf Agung Purnama]]>;
<![CDATA[Slamet Firdaus]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22321
<![CDATA[Grants are given to others with no hope of existence, reward, or whatever, and are done willingly, without counter-performance from the party that gives. The giver still lives. Grants cannot be cancelled except for the grant parent to child matter, as mentioned in the hadith of the Prophet, KUHPER, and the Compilation of Islamic Law. The purpose of this study is to analyse the juridical aspects of Islamic Law, Positive Law and Maqashid Syariah above the judge’s decision in the case number 6481/Pdt.G/2021/PA.IM regarding the case cancellation grant. The research method used by the author, which involves descriptive research , is one of the forms of research that includes qualitative research. The data used in the study are qualitative. Qualitative data, namely data presented in verbal form, is not in a numerical form. Among others, search and collect data with classification, including primary data and secondary data. In research, the author uses interviews, documentation and observation for data collection. The results of the research from the judge’s considerations in deciding case number 6481/PDT.G/2021/PA.IM regarding the case cancellation grant, the panel of judges’ opinion is that the lawsuit plaintiff must state No cannot be accepted. This is in accordance with Circular Letter Supreme Court Number 3 of 2018, letter A, number 4. In the formulation of the law of the religious chamber that the lawsuit whose object of dispute is still a debt guarantee and the judge does not use other legal considerations, in fact the judge in deciding a case should be based on the law and/or statutory regulations related to the lawsuit, such as Article 212 of the KHI which allows parents to withdraw their gifts and Article 1688 of the Civil Code.]]>
<![CDATA[The Comparative Analysis of the Legal Implications of Hadhanah in Decision Number 2562/Pdt.G/2023/PA.Sbr and Decision Number 0037/Pdt.G/2016/PA.Bitg in the Perspective of Maqaṣid al-Syari’ah ]]>
<![CDATA[Ishak Lubis]]>;
<![CDATA[Abdul Aziz Aziz]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22335
<![CDATA[This study examines the differences in the determination of custody rights in the Sumber Religious Court decision No. 2562/Pdt.G/2023/PA.Sbr and the decision of the Bitung Religious Court Number 0037/Pdt.G/2016/PA.Bitg, even though both refer to the Compilation of Islamic Law (KHI). The divergence arises due to variations in trial facts, the child’s psychological condition, and the religious beliefs of the parties involved. Therefore, an analysis from the perspective of maqāṣid al-sharī’ah is essential to ensure that custody rulings not only adhere to normative provisions but also safeguard the child’s welfare. The main objectives of this research are to analyse the application of custody law in both cases and to compare them within the framework of maqāṣid al-sharī’ah. The research problems addressed are: (1) How was custody law applied in the Sumber and Bitung Religious Court decisions? and (2) How do these decisions differ when examined through the lens of maqāṣid al-sharī’ah? Using a normative juridical method with comparative and case study approaches, data were collected from legislation, Islamic legal scholarship, and official court rulings. Findings reveal that the Sumber Court prioritised maternal attachment and piety, while the Bitung Court prioritised protection of faith by granting custody to the father.]]>
<![CDATA[The Comparative Analysis of the Legal Implications of Hadhanah in Decision Number 2562/Pdt.G/2023/PA.Sbr and Decision Number 0037/Pdt.G/2016/PA.Bitg in the Perspective of Maqaṣid al-Syari’ah ]]>
<![CDATA[Ishak Lubis]]>;
<![CDATA[Abdul Aziz Aziz]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22335
<![CDATA[This study examines the differences in the determination of custody rights in the Sumber Religious Court decision No. 2562/Pdt.G/2023/PA.Sbr and the decision of the Bitung Religious Court Number 0037/Pdt.G/2016/PA.Bitg, even though both refer to the Compilation of Islamic Law (KHI). The divergence arises due to variations in trial facts, the child’s psychological condition, and the religious beliefs of the parties involved. Therefore, an analysis from the perspective of maqāṣid al-sharī’ah is essential to ensure that custody rulings not only adhere to normative provisions but also safeguard the child’s welfare. The main objectives of this research are to analyse the application of custody law in both cases and to compare them within the framework of maqāṣid al-sharī’ah. The research problems addressed are: (1) How was custody law applied in the Sumber and Bitung Religious Court decisions? and (2) How do these decisions differ when examined through the lens of maqāṣid al-sharī’ah? Using a normative juridical method with comparative and case study approaches, data were collected from legislation, Islamic legal scholarship, and official court rulings. Findings reveal that the Sumber Court prioritised maternal attachment and piety, while the Bitung Court prioritised protection of faith by granting custody to the father.]]>
<![CDATA[Early Marriage in Hadith and Law: Analysis of Aisha’s Marriage and Legal Age Provisions ]]>
<![CDATA[Muhammad Waliyuddin Yusuf]]>;
<![CDATA[Imron Rosyadi]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22375
<![CDATA[The phenomenon of early marriage remains a complex social and legal issue in Indonesia, illustrating the ongoing gap between religious texts, legal regulations, and social realities. This research departs from debates surrounding the hadith of the Prophet Muhammad’s marriage to ‘Aisha ra., which is often used as a religious justification for child marriage practices. The study aims to critically analyse the hadith through a socio-historical approach and the framework of maqāṣid al-sharī’ah, while assessing its conformity with Indonesian positive law. This research employs normative legal research with a qualitative perspective, relying on literature analysis of hadiths contained in Kutub al-Sittah, the views of classical Islamic jurists (fuqahā’), and national legal policies, particularly Law Number 16 of 2019 concerning the minimum marriage age. The findings reveal that classical scholars generally permitted marriage to al-ṣaghīrah based on specific historical and social contexts. However, contemporary scholars emphasise the need for contextual and purposive interpretation to ensure the protection of children from physical, psychological, and social harm. From the perspective of maqāṣid al-sharī’ah, this study highlights maṣlaḥah and harm prevention as fundamental legal principles. From a positive legal standpoint, setting the marriage age at 19 reflects harmonisation between Islamic law and child protection norms.]]>
<![CDATA[Early Marriage in Hadith and Law: Analysis of Aisha’s Marriage and Legal Age Provisions ]]>
<![CDATA[Muhammad Waliyuddin Yusuf]]>;
<![CDATA[Imron Rosyadi]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/inklusif.v10i2.22375
<![CDATA[The phenomenon of early marriage remains a complex social and legal issue in Indonesia, illustrating the ongoing gap between religious texts, legal regulations, and social realities. This research departs from debates surrounding the hadith of the Prophet Muhammad’s marriage to ‘Aisha ra., which is often used as a religious justification for child marriage practices. The study aims to critically analyse the hadith through a socio-historical approach and the framework of maqāṣid al-sharī’ah, while assessing its conformity with Indonesian positive law. This research employs normative legal research with a qualitative perspective, relying on literature analysis of hadiths contained in Kutub al-Sittah, the views of classical Islamic jurists (fuqahā’), and national legal policies, particularly Law Number 16 of 2019 concerning the minimum marriage age. The findings reveal that classical scholars generally permitted marriage to al-ṣaghīrah based on specific historical and social contexts. However, contemporary scholars emphasise the need for contextual and purposive interpretation to ensure the protection of children from physical, psychological, and social harm. From the perspective of maqāṣid al-sharī’ah, this study highlights maṣlaḥah and harm prevention as fundamental legal principles. From a positive legal standpoint, setting the marriage age at 19 reflects harmonisation between Islamic law and child protection norms.]]>
