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
166 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 ]]>
Show Abstract
|
Download Original
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Original Source
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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 ]]>
Show Abstract
|
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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]]>;
<![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[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 ]]>
Show Abstract
|
Download Original
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Original Source
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Check in Google Scholar
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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.]]>
