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JICL
Published by Universitas Darussalam Gontor
ISSN : 26213311     EISSN : 2621329x     DOI : https://doi.org/10.21111/jicl
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Journal of Indonesian Comparative of Syariah Law JICL specializes in the study of legal comparison or legal thought which contains scientific works related to thoughts in the field of positif law, customary law, and Islamic law.
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Articles 57 Documents
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Tinjauan Yuridis Mengenai Perjanjian Pra-Nikah Dalam Prespektif Hukum Perdata di Indonesia: A Legal Review of Prenuptial Agreements from a Civil Law Perspective in Indonesia Annisa Candra Dewi; Hartono; Zulkifli
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.17

Abstract

Prenuptial agreements in the Indonesian legal system occupy a complex position at the intersection of contractual freedom and normative limitations within family law, which is inherently influenced by moral and religious values. This study aims to analyze the permissible scope of clauses in prenuptial agreements and to examine the legal consequences arising from breach of such agreements. This research employs a normative juridical method, utilizing statutory and conceptual approaches, and is supported by empirical data obtained through interviews with legal practitioners. The findings indicate that prenuptial clauses are generally valid insofar as they do not contravene mandatory legal provisions, public morality, or religious norms. Clauses regulating property separation, debt liability, and protective non-economic aspects, such as anti-domestic violence commitments and monogamy agreements, are considered valid provided they meet the requirements set forth in Article 1320 of the Indonesian Civil Code. Conversely, clauses that infringe upon fundamental marital rights, violate inheritance law, or contradict Islamic legal principles are deemed null and void. A breach of a prenuptial agreement gives rise to multidimensional legal consequences, including grounds for divorce, claims for damages, and implications for third parties, particularly in relation to property and debt. This study underscores the necessity of clearer normative parameters to ensure legal certainty and fairness in the formulation and enforcement of prenuptial agreements.
Pertanggungjawaban Pidana Korporasi Dalam Pelanggaran Perlindungan Konsumen Berdasarkan Analisis Prinsip Keadilan Konsumen : Corporate Criminal Liability for Consumer Protection Violations Based on an Analysis of the Principle of Consumer Justice Eka Erfianty Putri; Yusep Mulyana; Meitria Cahyani
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.21

Abstract

The digital economic transformation and corporate dominance in market activities have increased the complexity of consumer protection violations, which can no longer be adequately addressed through civil or administrative approaches alone. The main issue in this study lies in the suboptimal construction of corporate criminal liability in ensuring justice for consumers, both in terms of determining fault and the effectiveness of the sanctions imposed. This study aims to analyse corporate criminal liability in consumer protection violations based on the principle of consumer justice, to examine the criminal sanction system applied, and to formulate measures to enhance the effectiveness of criminal law enforcement against corporations. The research method employed is a normative legal approach using both a statutory and a conceptual framework. Data was obtained through a literature review of primary, secondary, and tertiary legal sources, and subsequently analysed qualitatively using a legal-analytical method. The results of the study indicate that corporate criminal liability can be constructed through the doctrines of identification, vicarious liability, and strict liability, which are normatively capable of addressing corporate fault at both the policy and operational levels. However, its implementation still does not fully reflect the principle of consumer justice due to the predominance of criminal liability for individuals, the limitations in proving corporate fault, and the suboptimal use of criminal sanctions. The system of criminal sanctions against corporations tends to rely on fines, which in practice have not been effective without the support of additional sanctions such as restitution, revocation of business licences, and the public announcement of court rulings. This study concludes that strengthening corporate criminal liability requires an approach oriented towards consumer justice through the integration of sanctions that are repressive, preventive, and restorative in nature. The contribution of this study lies in the development of an analysis of corporate criminal law based on the principle of consumer justice as an evaluative foundation for the reform of consumer protection law in Indonesia.
Dilema Status Keperdataan Anak Hasil Gestational Surrogacy dalam Hukum Adat Bali: Studi Sinkronisme antara UU Kesehatan dan Asas Kapurusa : The Dilemma of the Legal Status of Children Born via Gestational Surrogacy under Balinese Customary Law: A Study of the Synchronisation between the Health Act and the Principle of Kapurusa Ni Putu Ega Parwati; Ni Ketut Sari Adnyani; I Gusti Ayu Apsari Hadi; Ni Komang Irma Adi Sukmaningsih; Ni Luh Sukma Imagy
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.22

Abstract

This study aims to analyze the synchronicity of the civil status regulations of children resulting from gestational surrogacy (womb rental) and examine the legal standing of the child in the Kapurusa inheritance system in Bali to ensure legal certainty for Sentana. The main problem in this study is the antinomy of norms between Article 154 of Law Number 17 of 2023 concerning Health which prohibits surrogacy with the principle of Mater Semper Certa Est (the mother is the one who gives birth) in the Civil Code, which has implications for the uncertainty of the child's genetic identity. In addition, there is a dilemma in Balinese customary law where the process of birth through another woman's womb is considered to cause the status of Cemer (impure) which can revoke the child's inheritance rights as a successor to the male line (Purusa). This research is a juridical-normative legal research with a statute approach and a conceptual approach. Primary and secondary legal sources are analyzed qualitatively-normatively with a deductive thinking pattern. The research findings show that Indonesian positive law remains bogged down in the formalities of the birth process, thus severing the civil relationship between a child and its genetic mother. In Balinese customary law, children resulting from surrogacy can gain legitimacy as legitimate Sentana through a legal discovery mechanism, namely by integrating scientific evidence (DNA) into a customary village decree (Pararem) and followed by a special purification ritual (Prayascita or Pebayuh) to neutralize anomalies in the birth process. This reconstruction is crucial to protecting children's human rights and inheritance rights amidst the disruption of modern medical technology..
BRIDGING SUNNI-SHIA THROUGH RATIONALITY AND SPIRITUALITY IN ABU HANIFAH AND JA’FAR AL-SADIQ Farida Syarifah; Ashar Pagala; Muhammad Syafiq Rizqullah; Friqly Aldinda Ganadi
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

This study aims to explore and compare the legal reasoning, epistemological frameworks, and spiritual orientations of Abu Hanifah and Imam Ja’far al-Shadiq as foundational figures in Sunni and Shia jurisprudence. Using a qualitative-descriptive and comparative textual analysis, this research examines classical and secondary sources related to both scholars methodologies, focusing on how rationality (‘aql) and spirituality interact within their legal thought. The findings reveal that Abu Hanifah developed a rational, context-based approach through qiyas, ra’y, and istihsan, emphasizing flexibility and social relevance in legal interpretation. In contrast, Imam Ja’far al-Shadiq grounded his thought in the theological authority of the Imamate, integrating reason and revelation under the spiritual guidance of the Ahl al-Bayt. Despite their different theological orientations, both figures share a commitment to reason, moral integrity, and independent judgment (ijtihad). The study concludes that their approaches, though distinct, are complementary bridging Sunni and Shia traditions through a synthesis of rationality and spirituality that remains relevant for the renewal of Islamic law in the modern era.
The THE SUWUK TRADITION USING ACCESSORIES WITH THE RECITATION OF THE QUR'AN: Comparative Study of The Opinions of Yusuf Al-Qaraḍawī and ʿabd Al-ʿazīz Ibn ʿabd Allāh Ibn Bāz Waliyuddin Yusuf; Imron Rosyadi; Fahruddin Ali Sabri; Satria Kamal Akhmad
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

the Javanese ethnic community is very familiar with and familiar with the tradition of wearing accessories accompanied by Quranic recitation. This issue has been a topic of discussion among Middle Eastern scholars. Yusuf al-Qaraḍawī and ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Bāz have their respective opinions on this phenomenon.The author used descriptive qualitative research techniques based on a literature review. The data sources for this study consisted of primary sources, namely the book "Exploring the Unseen Realm" by Yusuf al-Qaraḍawī, the Book of Latest Fatwas by Yusuf al-Qaraḍawī, and the Book of Majmu' Fatawa by ʿAbd al-ʿAzīz ibn ʿAbd Allāh Ibn Bāz. The results of this study conclude: first, to understand the tradition of suwuk using accessories accompanied by Quranic recitation, including the procedures for the practice of suwuk among the Javanese. Second, according to Yusuf al-Qaraḍawī's perspective, suwuk is permitted based on the principle of bi al-ḥikmah, which begins with his istinbāṭ method. However, according to ʿAbd al-ʿAzīz ibn ʿAbd Allāh Ibn Bāz's perspective, the occurrence of suwuk is absolutely forbidden based on textual evidence that is characteristic of his istinbāṭ method using the Qur'an and hadith.
MODEL INOVATIF TA’ARUF DIGITAL: STUDI KASUS PADA PROGRAM TA’ARUF SEKOLAH PRANIKAH NURUL ASHRI DALAM PERSPEKTIF HUKUM KELUARGA ISLAM Savvy Dian Faizzati; Ulfatun Wahidatun Nisa
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

This study aims to analyze the innovative BisaTa’aruf model developed by SPN, evaluate its normative and empirical implementation from the perspective of Islamic family law (fiqh al-munākahāt), and measure its effectiveness in supporting the realization of a harmonious family (sakinah, mawaddah, wa rahmah). The research employs a qualitative design with a normative-empirical approach, using field observations, structured interviews, and secondary data from digital publications and official documentation.The findings reveal three key innovations: (1) the mandatory premarital classes (Kelas Jadi Istri and Kelas Jadi Suami) that equip participants with spiritual, psychological, and financial readiness; (2) the facilitation of digital ta’aruf under the supervision of trained mediators or administrators as third parties; and (3) a flexible nadzar mechanism, conducted either online or offline, within the boundaries of Islamic law. From the perspective of fiqh, this model aligns with the principles of sadd al-dharī‘ah (blocking the means to immorality) and iḥtiyāt (caution), and has proven effective with more than 12,000 ta’aruf processes facilitated and 54 marriages successfully realized.
ANALISIS PRINSIP AL-ADALAH DALAM PUTUSAN PTUN NOMOR 604/G/2023/PTUN.JKT Nuriyanti Nuriyanti; Mumtazinur Mumtazinur; Nurul Fitria
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

The decision of the Jakarta State Administrative Court (PTUN) in Case Number 604/G/2023/PTUN.JKT, which annulled the Presidential Decree reappointing Anwar Usman as Chief Justice of the Constitutional Court, has sparked public debate regarding ethical governance and the principle of justice in state administration. This study aims to analyze the concept of justice (al-ʿadālah) from the perspective of siyāsah dustūriyyah and how it is reflected in the court's legal considerations. Using a normative juridical method with a qualitative approach, this research examines the alignment between Islamic constitutional theory and the values upheld in the PTUN ruling. The findings reveal that the judges emphasized impartiality, moral integrity, and the protection of public trust in state institutions—principles that resonate with the Islamic vision of justice, where leaders must be free from conflicts of interest and accountable for public duties. The study concludes that the PTUN decision embodies aspects of administrative justice that are in harmony with Al-Adalah ethics, and it highlights the critical role of legal oversight in preventing abuse of executive power in high-level appointments.
MU’ARADHAH DALAM SISTEM DEMOKRASI MULTI PARTAI MENURUT PEMIKIRAN YUSUF AL-QARADHAWI Fikri Afdhal; Mutiara Fahmi; Boihaqi Bin Adnan
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

In modern democratic practice, opposition is often perceived as a threat to political stability, especially in Muslim-majority countries. However, in the context of contemporary Islamic thought, opposition holds its own legitimacy. This study explores how Yūsuf al-Qaraḍhāwī conceptualizes mu‘āraḍhah (opposition) within a multi-party democratic system. The purpose of this research is to analyze al-Qaraḍhāwī’s perspective on political opposition as a means of controlling power in accordance with Islamic law. This study employs a library research method using a qualitative-descriptive approach by examining al-Qaraḍhāwī’s works and related literature. The findings reveal that, according to al-Qaraḍhāwī, mu‘āraḍhah is not a form of rebellion against the ruler, but rather a legitimate form of political participation that fulfills the Islamic obligation of enjoining good and forbidding evil (amr bi al-ma‘rūf wa nahy ‘an al-munkar), while preventing abuse of power. A multi-party system that accommodates peaceful opposition is compatible with Islamic values, provided it is constructive, avoids slander, and does not cause division among the Muslim community. Therefore, the concept of mu‘āraḍhah should be developed as a shar‘ī mechanism to balance authority and political morality in the framework of Islamic democracy.
KEWENANGAN KEUCHIK DALAM PENERBITAN SURAT KETERANGAN TANAH DALAM PERSPEKTIF SIYASAH IDARIYAH Geunta Farabi Yuzka; Misran Misran; Bustamam Usman
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

With a focus on the decision of the Administrative Court (PTUN) Banda Aceh Number 25/G/2024/PTUN.BNA from the perspective of fiqh siyasah idariyyah. The main issue raised is the abuse of authority by the keuchik who issued an SKT beyond his jurisdiction, resulting in land ownership disputes and legal uncertainty for the community. The research method employed is normative-juridical with statutory, case, and conceptual approaches. The findings show that the PTUN Banda Aceh decision serves as both an administrative correction and judicial oversight of the keuchik’s actions. From the perspective of fiqh siyasah idariyyah, the ruling reflects the implementation of the principles of justice (al-ʿadālah), public interest (al-maṣlaḥah al-ʿāmmah), and the specialization of functions (takhṣīṣ al-wazīfah). By annulling the legally flawed SKT, the court not only protects the rights of aggrieved individuals but also strengthens village governance toward greater accountability and compliance with good governance principles. In conclusion, the integration of Indonesian positive law and the values of fiqh siyasah idariyyah provides an essential foundation to prevent the misuse of authority at the village level and to safeguard justice and public welfare.
TINJAUAN SIYASAH MALIYAH DALAM PENGELOLAAN DANA RETRIBUSI PARKIR DI KOTA BANDA ACEH Wira Asfahani Merina; Mumtazinur Mumtazinur; Azka Amalia Jihad
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

This study aims to examine the management of parking retribution in Banda Aceh City within the framework of siyasah maliyah as a branch of Islamic public finance governance. Normatively, the study is based on the premise that every fiscal policy in Islam must adhere to the principles of justice, trustworthiness, transparency, accountability, and public welfare. The research employs a qualitative method through a library study approach, analyzing both classical and contemporary literature on fiqh siyasah, as well as local regulations, particularly Qanun No. 3 of 2021 and Mayor Regulation No. 22 of 2024. The findings indicate that although the regulatory framework is well established and the digitalization of the parking system has been initiated, the implementation of siyasah maliyah principles remains inadequate. Weak monitoring, the persistence of illegal levies, and the unequal distribution of benefits are still prevalent. The study concludes that reinforcing Sharia-based governance is essential so that parking retribution serves not only as a fiscal instrument to increase local revenue but also as a means of ensuring equitable economic distribution and improving public services in line with Islamic principles.

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