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.
Articles
176 Documents
<![CDATA[Gender-Based Cyber Violence In Cirebon Regency: A Critical Gender And Legal Analysis ]]>
<![CDATA[Leliya Leliya]]>;
<![CDATA[Muhamad Mujahidin]]>;
<![CDATA[Muhamad Dadan Wildanuddin]]>
<![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.v10i2.22842
<![CDATA[The rapid expansion of digital technology and social media has facilitated the emergence of Gender-Based Cyber Violence (GBCV). In Cirebon Regency, reported cases increased sharply from three in 2023 to eight in 2024, reflecting a 166 percent rise and highlighting the growing risks faced by women in digital environments. This study aims to comprehensively examine GBCV in Cirebon Regency by integrating gender analysis, feminist legal theory, positive law, and Islamic law to evaluate existing legal protections and formulate a more responsive and victim-centered protection framework. This research employs a qualitative descriptive approach using primary data from victims of GBCV, local government officials, NGO, and experts in Islamic and positive law, complemented by secondary data derived from relevant legal regulations. Data were collected through interviews, document analysis, FGD, and questionnaires to support a comprehensive qualitative analysis. The results show that from 2020 to 2025 the dominant forms of GBCV in Cirebon Regency were sexting (6 cases), cyber grooming (5 cases), and impersonation (5 cases). Contributing factors include low digital literacy, patriarchal norms, victim blaming, and the absence of a dedicated cybercrime unit within the Cirebon Police Resort. The legal analysis reveals that the implementation of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, and regional regulations remains insufficiently gender responsive, while the principles of maqaṣid shariah affirm that GBCV violates the protection of human dignity, honor, and life. This study contributes a gender informed and Islamic values-based integrative framework to enhance policies for protecting women in digital environments. ]]>
<![CDATA[GENDER-BASED CYBER VIOLENCE IN CIREBON REGENCY: A CRITICAL GENDER AND LEGAL ANALYSIS ]]>
<![CDATA[Leliya Leliya]]>;
<![CDATA[Muhamad Mujahidin]]>;
<![CDATA[Muhamad Dadan Wildanuddin]]>
<![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.v10i2.22842
<![CDATA[The rapid expansion of digital technology and social media has facilitated the emergence of Gender-Based Cyber Violence (GBCV). In Cirebon Regency, reported cases increased sharply from three in 2023 to eight in 2024, reflecting a 166 percent rise and highlighting the growing risks faced by women in digital environments. This study aims to comprehensively examine GBCV in Cirebon Regency by integrating gender analysis, feminist legal theory, positive law, and Islamic law to evaluate existing legal protections and formulate a more responsive and victim-centered protection framework. This research employs a qualitative descriptive approach using primary data from victims of GBCV, local government officials, NGO, and experts in Islamic and positive law, complemented by secondary data derived from relevant legal regulations. Data were collected through interviews, document analysis, FGD, and questionnaires to support a comprehensive qualitative analysis. The results show that from 2020 to 2025 the dominant forms of GBCV in Cirebon Regency were sexting (6 cases), cyber grooming (5 cases), and impersonation (5 cases). Contributing factors include low digital literacy, patriarchal norms, victim blaming, and the absence of a dedicated cybercrime unit within the Cirebon Police Resort. The legal analysis reveals that the implementation of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, and regional regulations remains insufficiently gender responsive, while the principles of maqaṣid shariah affirm that GBCV violates the protection of human dignity, honor, and life. This study contributes a gender informed and Islamic values-based integrative framework to enhance policies for protecting women in digital environments.]]>
<![CDATA[Surrogacy Law: Iran’s Framework and Structural Constraints in Indonesia ]]>
<![CDATA[Khalida Azzahra]]>;
<![CDATA[Heni Ibtiani]]>;
<![CDATA[Putri Amelia]]>
<![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.v10i2.23357
<![CDATA[Surrogacy has been legalized in Iran, the only Muslim-majority country to formally accommodate the practice within its healthcare and legal systems. In contrast, despite a high prevalence of infertility, the Indonesian legal order remains closed to surrogacy due to persistent juridical, ethical, and theological contestation. Existing scholarship has largely examined these jurisdictions in isolation or has focused predominantly on theological prohibition, leaving limited comparative analysis of the structural limits of legal transplantation. Addressing this gap, this study employs a normative-comparative legal method to analyze primary legal materials, including Iran’s Civil Code and Indonesian health and family laws. The findings demonstrate that Iran validates surrogacy through Article 10 of its Civil Code and flexible Jaʿfari jurisprudence. Conversely, the study shows that surrogacy in Indonesia is structurally precluded by three interlocking dimensions: civil-contractual incompatibility with the requirement of a lawful cause, restrictive medical-administrative regulations grounded in mater semper certa est, and a dominant Sunni legal consensus classifying surrogacy as zina, thereby threatening the preservation of lineage (hifz al-nasl). This study concludes that Iran’s framework cannot be transplanted into Indonesia without fundamentally restructuring civil, medical, and religious legal norms, underscoring the contextual limits of legal transplantation in comparative Islamic bioethics and Indonesian legal reform discourse.]]>
<![CDATA[Surrogacy Law: Iran’s Framework and Structural Constraints in Indonesia ]]>
<![CDATA[Khalida Azzahra]]>;
<![CDATA[Heni Ibtiani]]>;
<![CDATA[Putri Amelia]]>
<![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.v10i2.23357
<![CDATA[Surrogacy has been legalized in Iran, the only Muslim-majority country to formally accommodate the practice within its healthcare and legal systems. In contrast, despite a high prevalence of infertility, the Indonesian legal order remains closed to surrogacy due to persistent juridical, ethical, and theological contestation. Existing scholarship has largely examined these jurisdictions in isolation or has focused predominantly on theological prohibition, leaving limited comparative analysis of the structural limits of legal transplantation. Addressing this gap, this study employs a normative-comparative legal method to analyze primary legal materials, including Iran’s Civil Code and Indonesian health and family laws. The findings demonstrate that Iran validates surrogacy through Article 10 of its Civil Code and flexible Jaʿfari jurisprudence. Conversely, the study shows that surrogacy in Indonesia is structurally precluded by three interlocking dimensions: civil-contractual incompatibility with the requirement of a lawful cause, restrictive medical-administrative regulations grounded in mater semper certa est, and a dominant Sunni legal consensus classifying surrogacy as zina, thereby threatening the preservation of lineage (hifz al-nasl). This study concludes that Iran’s framework cannot be transplanted into Indonesia without fundamentally restructuring civil, medical, and religious legal norms, underscoring the contextual limits of legal transplantation in comparative Islamic bioethics and Indonesian legal reform discourse.]]>
<![CDATA[Family Communication and Coping Strategies on Soldier Children’s Independence: A Maqasid Al-Shariah Perspective ]]>
<![CDATA[Hartatiah Hartatiah]]>; Akhmad Khalimy;
<![CDATA[Muh. Isra Bil Ali]]>
<![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.v10i2.23381
<![CDATA[The dynamics of military families, characterized by high mobility and father absence due to operational duties, pose unique challenges to child development. This study aims to analyze the influence of family communication and coping strategies on the independence of soldiers’ children, viewed through the lens of Maqāṣid al-Sharī’ah. Using a mixed-method explanatory sequential design, quantitative data were collected from 200 respondents in the Kodam III/Siliwangi battalion, followed by in-depth interviews with selected informants. The results indicate that family communication and coping strategies significantly influence children’s independence, explaining 75.5% of the variance. The study theoretically contributes to Islamic Family Law by reframing psychological resilience as a spiritual necessity: effective communication is hifz al-nafs (preservation of the soul). At the same time, adaptive coping strategies manifest as hifz al-din (preservation of religion) and hifz al-nasl (preservation of progeny). Practically, these findings urge military institutions to integrate spirituality-based counseling into family support programs.]]>
<![CDATA[Family Communication and Coping Strategies on Soldier Children’s Independence: A Maqasid Al-Shariah Perspective ]]>
<![CDATA[Hartatiah Hartatiah]]>;
<![CDATA[Akhmad Khalimy]]>;
<![CDATA[Muh. Isra Bil Ali]]>
<![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.v10i2.23381
<![CDATA[The dynamics of military families, characterized by high mobility and father absence due to operational duties, pose unique challenges to child development. This study aims to analyze the influence of family communication and coping strategies on the independence of soldiers’ children, viewed through the lens of Maqāṣid al-Sharī’ah. Using a mixed-method explanatory sequential design, quantitative data were collected from 200 respondents in the Kodam III/Siliwangi battalion, followed by in-depth interviews with selected informants. The results indicate that family communication and coping strategies significantly influence children’s independence, explaining 75.5% of the variance. The study theoretically contributes to Islamic Family Law by reframing psychological resilience as a spiritual necessity: effective communication is hifz al-nafs (preservation of the soul). At the same time, adaptive coping strategies manifest as hifz al-din (preservation of religion) and hifz al-nasl (preservation of progeny). Practically, these findings urge military institutions to integrate spirituality-based counseling into family support programs.]]>
<![CDATA[Vasectomy and Reproductive Justice: An Analysis of the Mubadalah Theory in Relation to Public Perceptions in Indramayu in the Context ofLaw No. 17 of 2023 ]]>
<![CDATA[Laylatul Qomariyyah]]>;
<![CDATA[Akhmad Kholik]]>;
<![CDATA[Faqihuddin Abdul Kodir]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 11 No. 1 (2026): June 2026 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/4rq1nk55
<![CDATA[The issue of reproductive justice in Indonesia highlights a gap between state regulations, religious perspectives, and social realities. Although Law No. 17 of 2023 on Health guarantees every individual’s right to reproductive health services without discrimination, male participation in family planning programs—particularly vasectomies—remains low and is influenced by social stigma. This study aims to analyze the relationship between these regulations and the principles of reproductive justice, examine Islamic legal perspectives through Faqihuddin Abdul Kodir's Mubadalah Theory, and understand public perceptions in Indramayu regarding vasectomy. This study employed a qualitative, socio-legal approach, using interviews with religious leaders, the Head of the Family Planning Division at the DPPKB PPPA, family planning medical staff at community health centers, and vasectomy recipients, and supported by statistical data from the 2024–2025 family planning program. The results of the study indicate that, normatively, vasectomy has gained religious legitimacy based on the principle of public welfare, while state policies have provided services and counseling. Empirical data show an increase in male sterilization procedure recipients from 2 individuals (2024) to 9 individuals (2025), yet this remains far below female sterilization procedures, which reached 106 (2024) and 259 (2025), reflecting strong gender bias and cultural barriers. The contribution of this study lies in integrating health law analysis, the Mubadalah Theory perspective, and empirical community data to explain male participation in family planning. These findings affirm that vasectomy is an instrument for the redistribution of reproductive responsibilities and the realization of relational justice within the family. Keywords: Reproductive Justice; Vasectomy; Mubadalah]]>
<![CDATA[Legal Protection for Endogamous Marriages of The Ahmadiyya Congregation in Manislor Village: A Perspective of Law No. 1 of 1974 ]]>
<![CDATA[Indah Dwi Nurhidayah]]>;
<![CDATA[Achmad Kholiq]]>;
<![CDATA[Akhmad Khalimy]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 11 No. 1 (2026): June 2026 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/x37cn807
<![CDATA[Administrative and social issues in the registration and recognition of endogamous marriages of the Ahmadiyya Community in Manislor Village reflect tensions between state legal norms and socio- religious conditions. According to Law Number 1 of 1974, the validity of a marriage is determined by the applicable religious law and must be registered to ensure legal certainty. However, in practice, the Ahmadiyya Community of Manislor Village faces administrative and social problems related to marriage registration. This study aims to analyze the conformity of the endogamous marriage practices of the Ahmadiyya Community with national legal regulations and to evaluate the importance of legal protection that the state should provide. Using a juridical-sociological and qualitative approach, this research employs a statutory and empirical framework, supported by field data collected in Manislor Village. The results of the study show that, normatively, there is no explicit prohibition on endogamy, but weak enforcement and a mismatch between law and social practice create legal uncertainty. This study concludes that legal protection is needed not to legitimize certain religious teachings, but to ensure citizens' constitutional rights to recognition and legal certainty in family life. This research contributes by formulating a non-discriminatory administrative framework in marriage registration for religious minority groups based on the theory of legal pluralism. Keywords: Endogamous Marriage; Ahmadiyya Congregation; Marriage Law]]>
<![CDATA[The Prospective Groom’s Customary Gift (Seserahan) Tradition in Marriage from a Maslahah Perspective (A Phenomenological Study in Jubang Village, Bulakamba Subdistrict, Brebes Regency) ]]>
<![CDATA[Gusti Laxmana Adil]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 11 No. 1 (2026): June 2026 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/fwarbr58
<![CDATA[This study explores the shift in the customary gift (seserahan) tradition in Jubang Village, Brebes Regency, which has transformed from a symbol of household support into a significant financial burden driven by social prestige standards. This phenomenon creates socioeconomic inequality, as the demand for luxury goods often leads to debt traps and postponed marriages. The study aims to describe the historical background of this ceremony and examine its legal implications through the maslahah perspective of Najmuddin al-Tufi. Using a qualitative phenomenological approach, data were collected through in-depth interviews, field observations, and documentation. The findings indicate that while seserahan is intended to strengthen family ties, its contemporary practice contains elements of economic harm (dharar). As a theoretical solution, the study formulates the concept of maslahah muqayyadah (conditional benefit). This concept asserts that the seserahan tradition can be maintained only if it is constrained by the principles of sincerity and financial capacity (istita’ah), while adhering to the principle of taisir (ease) in Islamic law to achieve genuine benefit. Keywords: Customary Gift (Seserahan); Marriage; Maslahah]]>
<![CDATA[Interfaith Marriage: A Legal Analysis Through ‘Illat and Maqashid Syariah ]]>
<![CDATA[Sahrul Hanafi]]>;
<![CDATA[Basyarudin]]>
<![CDATA[ INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 11 No. 1 (2026): June 2026 ]]>
Publisher : <![CDATA[UIN Siber Syekh Nurjati Cirebon ]]>
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DOI: 10.24235/pfpr5660
<![CDATA[Interfaith marriage is a sensitive issue that continues to spark controversy in Islamic family law, particularly when analyzed through the perspectives of text-based Islamic legal philosophy (nash), legal rationality ('illat), and the objectives of Sharia (maqashid syariah). This study aims to conduct an in-depth examination of the issues surrounding interfaith marriage in the context of pluralistic Indonesia. Using a qualitative method with a normative-philosophical approach, this study analyzes classical and contemporary literature as well as interpretations of maqashid syariah within the framework of legal pluralism. The results indicate that the prohibition on interfaith marriage is not merely normative-theological in nature but is grounded in rational justifications related to the protection of religious belief, household stability, and children’s education. From the perspective of maqashid al-sharia, this prohibition functions as a preventive instrument to safeguard religion (hifz al-din) and lineage (hifz al-nasl). However, Indonesia’s pluralistic social reality introduces new dynamics regarding human rights, necessitating a reinterpretation of the law without disregarding the fundamental principles of sharia. This study contributes by developing an operational framework for applying maqashid al-sharia to cases of interfaith marriage in Indonesian courts, specifically through the formulation of three evaluation criteria for testing the 'illat. This study provides an analytical framework that balances classical fiqh norms and contemporary social needs, and enriches the literature on Islamic family law in a multireligious society through a contextual dialectic of 'illat and maqashid. Keywords: Interfaith Marriage; Islamic Legal Philosophy; 'Illat Analysis; Maqashid al-Sharia; Islamic Family Law]]>
