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[Beyond Originative Validity: A Durational Approach to Consent in Marital Annulment Cases ]]>
<![CDATA[Muhammad Dipbiyansyah Hasanuddin]]>;
<![CDATA[Muhammad Yassir]]>
<![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/g63jte32
<![CDATA[This article examines the divergence of judicial reasoning in two Religious Court decisions concerning the annulment of marriage in cases involving administrative irregularities and long-term familial relationships. Drawing on the decisions of the Bekasi Religious Court and the Bandung High Religious Court, it argues that the differing outcomes do not arise from variations in applicable legal norms or factual configurations, but from contrasting assumptions regarding the temporality of consent within the structure of marital validity. Adopting a normative-empirical socio-legal approach through the analysis of judicial reasoning, the article develops the concept of continuous affirmation of consent as a socio-legal interpretive framework for understanding how temporality is constructed and operationalized in adjudication. Through this framework, two models of reasoning are conceptualized: an originative model, which fixes validity at the moment of contract formation, and a durational model, which attributes legal relevance to the sustained practice of marital life as an ongoing affirmation of consent. In an anomalous litigation configuration—where the husband, as claimant, denies the existence of the marriage after years of institutionalized family life—temporality emerges as a critical variable for assessing the consistency of claimed consent. The article argues that the durational approach adopted by the first-instance court provides a more context-sensitive reading of marital validity, particularly in accounting for the interaction between legal claims and long-standing relational practices, without displacing the existing normative framework governing annulment. Keywords: Marital Annulment; Temporality of Consent; Socio-Legal Analysis; Litigation Anomaly]]>
<![CDATA[The Role of Customary Leaders in Resolving Domestic Disputes (Case Study of the Towani Tolotang Community in Amparita District, Sidenreng Rappang Regency) ]]>
<![CDATA[Nur Syamsuryana Mustari]]>;
<![CDATA[Rusdaya Basri]]>;
<![CDATA[Zainal Said]]>;
<![CDATA[Rahmawati]]>;
<![CDATA[Sunuwati]]>
<![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/n52x1298
<![CDATA[Family is the smallest social unit that plays a a crucial role in maintaining social harmony and welfare. However, domestic conflicts between spouses are inevitable due to differences in character, interests, and socio-economic pressures. In the context of Indonesia’s plural society, dispute resolution is not only conducted through formal legal mechanisms but also through customary practices rooted in local wisdom. This study aims to analyze the role of customary leaders in resolving household disputes within the Towani Tolotang community in Sidenreng Rappang Regency, South Sulawesi. This topic remains relatively underexplored in existing literature, particularly in the context of social transformation and the increasing influence of formal law. This research employs a qualitative approach with a descriptive-analytical method. Data were collected through in-depth interviews, observation, and documentation involving customary leaders, married couples, and community figures. The findings reveal that customary leaders (uwa) play a central role as mediators, resolving domestic conflicts by emphasizing cultural values such as siri’ (honor), pacce (empathy), and lempu’ (honesty). The dispute resolution mechanism is carried out through structured yet flexible customary mediation stages that prioritize deliberation, moral guidance, and reconciliation before reaching a final decision. The study also finds that this mechanism is relatively effective, as most domestic disputes are resolved through customary mediation without leading to divorce. This helps strengthen family harmony and social cohesion within the community. In conclusion, the role of customary leaders remains relevant as a form of living law that preserves family integrity and sustains local cultural values amid modernization. Keywords: Customary Leaders; Towani Tolotang; Household Disputes; Customary Mediation; Living Law]]>
<![CDATA[The Right to Education for Brides in Early Marriage from the Perspective of Islamic Family Law in Kuningan ]]>
<![CDATA[Ratu Salma Salsabila]]>;
<![CDATA[Ahmad Rofii]]>
<![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: 10.24235/9pwn7q35
<![CDATA[Early marriage continues to be a social phenomenon that significantly affects the educational rights of women, particularly in Kuningan Regency. From an Islamic family law perspective, the objective of this investigation is to examine the extent to which brides' rights to education are upheld in the context of early marriage. The research examines early brides, officials of the Office of Religious Affairs, and school officials using a sociological-juridical method (normative-empirical) and a qualitative approach. Informants were identified through purposive sampling, and data were gathered through in-depth interviews and document studies. The maqasid al- shari'ah framework, specifically the principle of hifz al-'aql, was then employed to analyze the data. According to the study's findings, the interruption of brides' education is empirically caused by early marriage, and domestic burdens, economic constraints, patriarchal culture, and inadequate institutional support influence it. This condition is in direct opposition to the principle of hifz al-'aql in Islamic family law, which positions education as the primary method of safeguarding and cultivating reason. In the context of early marriage, this research is unique in integrating local empirical analysis with an Islamic family law perspective grounded in maqasid al-syari'ah, which emphasizes education as a fundamental right of women. Keywords: Early Marriage; Right to Education; Bride; Islamic Family Law; Maqasid al-Shari'ah]]>
<![CDATA[The Meaning and Dynamics of the Bugis To Lotang Marriage Tradition from the Perspective of Islamic Family Law ]]>
<![CDATA[Anita Apriliani]]>;
<![CDATA[Islamul Haq]]>;
<![CDATA[Muhiddin Bakri]]>;
<![CDATA[Muhammad Ali Rusdi]]>;
<![CDATA[Aris]]>
<![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/hay5ha41
<![CDATA[ Marriage in Indonesia reflects a dynamic interaction between religious norms and living customary practices; however, studies on the Bugis To Lotang community tend to be descriptive and rarely examine its compatibility with Islamic family law. This study aims to analyze the meaning and practice of the To Lotang wedding tradition, explore its dynamic changes, and assess its conformity with Islamic legal principles. This research employs a qualitative design using ethnographic and socio-legal approaches, supported by a normative juridical perspective. Data were collected through observation, in-depth interviews with customary leaders (Uwa’), and documentation in Amparita Village, Sidenreng Rappang Regency. The findings reveal that the To Lotang wedding tradition consists of pre-wedding, wedding, and post-wedding stages that embody symbolic, social, and spiritual meanings, reflecting values such as siri’ (self-esteem), pacce (solidarity), and respect for ancestors. The tradition has undergone adaptive changes due to modernization, particularly in the simplification of stages, without altering its core values. From the perspective of Islamic family law, most practices can be categorized as ‘urf (custom) that is permissible as long as they do not contradict Sharia principles. However, the absence of explicit ijab kabul raises concerns regarding legal validity, necessitating the integration of the Islamic marriage contract. This study contributes to the development of Islamic family law by offering a contextual understanding of the interaction between customary practices and Islamic law. Keywords: Marriage; Bugis To Lotang; Islamic Family Law; 'Urf; Cultural Dynamics ]]>
<![CDATA[A Fiqh Muamalah Perspective on the Ratio Decidendi of Supreme Court Decision No. 155 K/Ag/2021 in Murabahah Dispute Resolution ]]>
<![CDATA[Qoniatun Nadziroh]]>;
<![CDATA[Norma Fitria]]>
<![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/fj56wj09
<![CDATA[This study examines the resolution of a debt dispute arising from a murabahah contract in Supreme Court Decision No. 155 K/Ag/2021, which involved a customer and PT Bank Sumut’s Karya Sharia Sub Branch. The dispute arose due to a breach of contract in the execution of the murabahah contract and was subsequently resolved through the Religious Court system. The research issues examined include: (1) What was the ratio decidendi of the Supreme Court panel in resolving the debt dispute arising from a murabahah contract at PT Bank Sumut’s Karya Sharia Sub Branch in Supreme Court Decision No. 155/K/Ag/2021? and (2) What is the perspective of fiqh muamalah on the ratio decidendi of the Supreme Court panel in Case No. 155 K/Ag/2021 regarding the resolution of a debt dispute at the Syariah Karya Branch of Bank Sumut’s Karya Sharia Sub Branch This study employs normative legal research through statutory, conceptual, and case-based approaches. The legal sources used were Supreme Court Decision No. 155 K/Ag/2021, relevant laws and regulations, and literature on fiqh muamalah. The findings indicate that the Supreme Court identified errors in the application of the law by the trial and appellate courts, particularly in declaring the lawsuit premature, even though the case concerned the parties’ rights and obligations under the murabahah contract rather than the cancellation of the auction. The Supreme Court further emphasized that rulings on sharia economic disputes must apply the principles of Islamic law, specifically the principle of ta’awun (mutual assistance). Keywords: Murabahah Contract; Islamic Banking Disputes; Fiqh Muamalah; Ta’awun]]>
<![CDATA[Optimization of Government Policies in Guaranteeing Women's and Children's Rights: An Analysis of Legal Effectiveness Theory and Maqāṣid al-Sharī’ah ]]>
<![CDATA[Azizah Khairiyah]]>;
<![CDATA[Ahmad Fauzi]]>
<![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/aft6tc19
<![CDATA[This study examines the gap between comprehensive regulations for protecting women and children in Indonesia and their limited effectiveness in practice. Although legal frameworks are well established, their implementation remains inconsistent. Previous studies have largely emphasized normative or theological dimensions, resulting in limited integration of legal effectiveness with ethical principles derived from Maqāṣid al-Syarī’ah. This research aims to evaluate government policy implementation by combining Legal Effectiveness Theory with Maqāṣid al-Syarī’ah to assess both regulatory performance and ethical orientation. This research employs a qualitative method and a normative juridical approach, supported by a literature review. Data were collected from legislation, academic works, and relevant prior studies. The analysis applies descriptive, analytical, and comparative techniques to identify discrepancies between legal provisions and their application. The findings reveal that implementation remains suboptimal despite the availability of comprehensive regulations. Weak coordination among institutions is the primary constraint, accompanied by limited resources, inadequate facilities, and low public awareness of legal rights. In addition, persistent patriarchal norms continue to influence policy outcomes and hinder protection efforts. In conclusion, improving policy effectiveness requires an integrative approach that connects legal structure, social conditions, and ethical values. The incorporation of Maqāṣid al-Syarī’ah, particularly in safeguarding life, intellect, lineage, and dignity, strengthens the moral direction of public policy. This study contributes to the development of a more coherent and equitable framework for protecting women and children in Indonesia. Keywords: Legal Effectiveness; Women and Children; Maqāṣid Al-Syarī’ah; Public Policy; Legal Protection]]>
