cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ramadhita
Contact Email
-
Phone
-
Journal Mail Official
dejure@uin-malang.ac.id
Editorial Address
-
Location
Kota malang,
Jawa timur
INDONESIA
DE JURE
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : -     EISSN : -     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
de Jure adalah jurnal yang mengkaji permasalahan syariah dan hukum baik hasil penelitian atau artikel telaah. Terbit dua kali dalam setahun pada bulan Mei dan November. de Jure diterbitkan oleh unit Penelitian, Penerbitan dan Pengabdian Masyarakat (P3M) Fakultas Syariah Universitas Islam Negeri Maulana Malik Ibrahim Malang. Penyunting menerima naskah yang belum pernah diterbitkan dalam media lain.
Arjuna Subject : -
Articles 12 Documents
 1   2 
Search results for , issue "Vol 16, No 1 (2024)" : 12 Documents clear
Interfaith Marriage from the Perspective of Rationality: Theocentrism in Islamic Law and Anthropocentrism in Human Rights Law Salam, Nor; Purnomo, Agus; Saifullah, Saifullah; Ahmad, Sirojuddin
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.23989

Abstract

This article stems from a theoretical debate concerning interfaith marriage as formulated within Islamic and human rights laws. While Islamic law tends to prohibit interfaith marriage, human rights instruments view it as an individual's right and freedom. Therefore, this research aims to scrutinise the argumentative basis of Islamic law and human rights law regarding interfaith marriage. To address this focal issue, this study employed a literature research model reliant on content analysis, bearing the result concluding that the disparity in formulations between Islamic law and human rights law regarding the legality of interfaith marriage is due to their differing argumentative bases: Islamic law is rooted in theocentrism, whereas human rights law is rooted in anthropocentrism. However, by examining the opinions of contemporary thinkers regarding maqashid sharia, there appears to be a paradigm shift in theocentrism of Islamic law so that in the context of interfaith marriage, both Islamic law and human rights can justify it as part of a person's human rights.
Empowering Muslim Women: Bridging Islamic Law and Human Rights with Islamic Economics Insani, Nur; Ibrahim, Zumiyati Sanu; Karimullah, Suud Sarim; Gönan, Yavuz; Sulastri, Sulastri
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26159

Abstract

This intersectional study investigates the harmonisation of Islamic law and human rights in the context of empowering Muslim women through Islamic economics. This study applies an intersectional approach in carrying out the library research method with literature analysis carried out integratively and comprehensively to explore and review various literature sources relevant to the research topic, including journal articles, books, research reports, policy documents, and other related sources of information. The results show that harmonisation between Islamic law and human rights in empowering Muslim women through Islamic economics significantly impacts achieving gender equality and supporting sustainable development. The complexity of Muslim women's identities influenced by factors such as religion, gender, and social class demands a holistic and integrated policy approach in the economy. While the Islamic economy offers great potential to enhance the role of women as agents of change and key drivers of economic development, the incompatibility between Islamic law and human rights conventions and issues of gender inequality points to the need for more inclusive legal and policy reforms. Identifying and recognising these challenges underscores the importance of adopting a comprehensive and coordinated approach. Specific measures that need to be strengthened include inter-agency cooperation, legal and policy reforms to support better gender equality, capacity building of women in the Islamic economic sector, and raising public awareness on the importance of women's empowerment. As such, this study enriches the academic literature and offers practical guidance for policymakers, stakeholders in the Islamic economy, and the general public in advocating and implementing effective and sustainable women's empowerment.
Reform of The Inheritance System: Between Islamic Law and Tradition of Sasak Tribe Fikri, Muhammad
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26354

Abstract

This paper discusses the reform of the inheritance system between Islamic law and tradition of the Sasak tribe by investigating how religious leaders in Lombok view the inheritance distribution system and how to reform the inheritance system between Islamic law and tradition in the Sasak Lombok Community. This research uses qualitative methods with a case study approach, and data taken from the field was analysed using Jasser Auda's system theory regarding maqasid sharia. The result of reforming the Islamic law system and tradition in the Sasak tribe is to eliminate injustice within the Lombok NTB community by emphasising the value of inheritance property rather than its quantity. This approach ensures that inheritance distribution considers the value of assets, such as land, rather than merely dividing by area. For instance, the value of one hectare of strategically located land differs significantly from that of less strategically located land. Thus, instead of dividing the land by hectares, it is divided based on value, ensuring a fair distribution among the eldest brother, other brothers, and sisters. This method seeks to achieve justice for all parties involved.
Fulfillment of Women's Rights After Divorce: Dynamics and Transformation in the Legal Journey Fadil, Fadil; Mazidah, Zidna; Mahmudi, Zaenul
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.25713

Abstract

The Supreme Court has ruled that in contested divorce cases, women are entitled to receive nafkah iddah, mut'ah, and nafkah madhiyah, provided they do not act nusyuz. However, this provision is not being effectively implemented. This study examines the fulfilment of women's rights post-contested divorce in the Malang Regency Religious Court. The goal is to identify shortcomings in implementing these regulations and propose solutions for more effective enforcement. The research employs an empirical-juridical method, using secondary data from interviews and documentation with key personnel at the Malang District Religious Court. The qualitative analysis refers to Soekanto's theory. The Findings indicate that the fulfilment of women's rights in contested divorces at the Malang Regency Religious Court is ineffective. The law is clear and understandable, and officers, judges, and staff are accountable. Furthermore, the Malang District Religious Court provides sufficient infrastructure and support. However, the unmet factors—community awareness and cultural attitudes—pose significant barriers. Low legal awareness and compliance, coupled with cultural tendencies in Malang District to avoid legal processes and seek quick resolutions, hinder effective implementation. Addressing these issues is crucial for the regulations to achieve their intended impact on women's rights post-divorce.
Urgency of Fatwa on Domestic Psychological Violence in Indonesia as an Effort to Protect Women's Rights Nasyiah, Iffaty
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26403

Abstract

One that requires a fatwa is domestic psychical violence, which has different interpretations in the two legal systems. The purpose of this study is to analyze the urgency of forming a fatwa regarding psychical violence so that it has clarity on norms that must be guided for Indonesian Muslims This research is juridical-normative research with a conceptual and comparative approach. The results show that the urgency of forming fatwa regarding domestic psychical violence is related to 1. harmonisation between positive law and Islamic law regarding the concept of psychical violence; 2. fatwas have social power and can provide legitimacy and serve as the juridical basis for law enforcement; and 3. In terms of the fatwa of psychical violence as a source of material law, fatwa can be used as a source of material law in constructing a law. Fatwas can provide a solid basis for policymakers and legislators in drafting more formal regulations. This research can be used as discourse material regarding the importance of fatwa on psychical violence in the household. Research can be done by sharpening the differences in interpretation between Islamic law, positive law and customary law.
Philosophical Foundations and Human Rights in the Bajapuik Tradition: Bridging Local Wisdom and Islamic Law in Minangkabau Marriage Practices Jafar, Wahyu Abdul; Asmara, Musda; Faizin, Mu'adil; Octavianne, Helena; Kisworo, Budi
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.27681

Abstract

This study explores the philosophical values and human rights implications within the Bajapuik tradition, a distinct matrimonial practice of the Padang Pariaman tribe in Sumatra. Explores the philosophical values of the unique amalgamation of local wisdom and Islamic law as an example of integrating cultural heritage with religious principles in marriage. As qualitative descriptive field research, data were gathered from interviews and documentation from a diverse group of informants, including religious leaders, traditional leaders, community leaders, and the people of Padang Pariaman. By utilising a sociological approach, the study examines the social realities of the Bajapuik tradition, mainly focusing on its dowry practice, particularly the maslahah (general welfare) concept. Contrary to typical dowry practices, in the Bajapuik tradition, the bride’s family provides the dowry to the groom, symbolising respect and equality rather than economic burdens. This study highlights that the Bajapuik tradition is not merely a transactional stage in the marriage process but a more profound expression of community bonds and shared values. The findings emphasise the strong philosophical values of mutual respect and companionship inherent in the Bajapuik tradition, demonstrating its alignment with Islamic law and human rights values. This research reveals how the Minangkabau’s adherence to religious and local wisdom significantly reinforces human rights within traditional practices. Furthermore, the study examines the extent to which the Bajapuik tradition achieves the objectives of maslahah in marriage. The results show that the Bajapuik tradition supports general welfare (maslahah) by strengthening social bonds, upholding the dignity of women, and ensuring justice and equality in marital relationships, offering a new perspective rarely explored in previous studies.
Islamic Law View on Protecting the Rights of Housewives at Risk of Contracting HIV/AIDS Thahir, Putri Shafarina; Al-Fatih, Sholahuddin
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26499

Abstract

This article examines the perspective of Islamic law regarding the protection of the rights of housewives at risk of contracting HIV/AIDS from their husbands. Although HIV/AIDS is not a new issue, its impact on families, especially housewives, remains an essential concern in legal and public health contexts. Within the framework of Islamic law, individual rights, including women's rights, are guaranteed and need protection. This research uses normative legal and sociological research methods with a case approach. The results show that Islamic law has a vital role in protecting the rights of housewives who are at risk of contracting HIV/AIDS from their husbands. These rights include the right to know the husband's health status, the right to obtain protection, the right to refuse sexual relations, and the right to get a divorce. Islamic law places great responsibility on husbands to protect the health of their wives and families. Husbands are expected to maintain the welfare of their wives and families, including by taking preventive steps against the transmission of HIV/AIDS. Apart from that, Islamic law also emphasises the importance of fidelity in the husband-wife relationship. Husbands are expected to be faithful to their wives, which is also a preventive measure against the transmission of HIV/AIDS. If a husband fails to fulfil his responsibility to protect his wife from contracting HIV/AIDS, Islamic law gives the wife the right to seek protection, including through legal remedies such as requesting a fatwa from ulama or even filing a divorce petition. This research is expected to help increase public understanding of the rights of housewives at risk of contracting HIV/AIDS, as well as encourage efforts to protect their rights.
Islamic Legal Perspectives on Refugee Protection and Welfare: A Case Study of Malaysia Abas, All-Mu'izz; Samuri, Mohd Al Adib
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26507

Abstract

This article examines the refugee crisis in Malaysia from the perspective of Islamic law, addressing the challenges arising from the absence of a formal legal framework for refugee protection. Through a legal normative approach and in-depth interviews with Islamic authorities and NGOs, this study investigates Islamic principles related to refugee welfare. The findings of this study reveal that Malaysia has an ethical and legal responsibility under Islamic law (domestic and legal normative) to protect and support refugees despite not signing the 1951 Refugee Convention. This study emphasises the potential role of Islamic authorities as part of the government body in administering, coordinating, and implementing Islamic welfare efforts to meet the needs of refugees. By aligning refugee support with Islamic values, Malaysia can improve its ability to provide comprehensive care and protection to refugees, fulfilling religious and humanitarian duties. This integrated approach could serve as a model for other Muslim-majority countries, promoting a more inclusive and compassionate response to the global refugee crisis.
Revolving Marriage Among the Radicals: An Analysis of Rotational Unrecorded Matrimonies within the Jemaah Islamiyyah Community Al Chaidar, Al Chaidar; Faisal, Faisal; Sari, Elidar
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.26411

Abstract

This article examines the practice of revolving marriage among the members of Jemaah Islamiyyah (JI), a clandestine radical Islamist group in Southeast Asia. Revolving marriage is a term coined by the author to describe the phenomenon of JI members marrying and divorcing multiple partners in a short span of time without registering their marriages with the state authorities. Employing the ethnographic method, this article argues that revolving marriage serves as a strategy of survival, resistance and recruitment for JI, as it enables them to evade detection, foster solidarity and attract new followers. This research reveals how such practices are rooted in a multicultural Fiqh perspective, reflecting the movement's adherence to traditional values while navigating a diverse cultural landscape.
Tuan Guru and the Efforts to Prevent Early Marriage Among Sasak Tribe Sainun, Sainun; Zarkasih, Hery; Sugitanata, Arif
De Jure: Jurnal Hukum dan Syari'ah Vol 16, No 1 (2024)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v16i1.23742

Abstract

Early marriage is still a problem in developing countries, including Indonesia. one of the areas with a high rate of child marriage is West Nusa Tenggara. This study aims to explore the implementation of the Marriage Law Number 16 of 2019 in Rembiga Subdistrict, Mataram City, focusing on the role of Tuan Guru in reducing early marriage cases. While national trends indicate a decline, local data shows a significant increase in early marriage cases, particularly in some Indonesian provinces. The study utilised empirical legal field research and qualitative methods, involving profound observations and interviews with fourteen informants. It identified obstacles in the application of the law, including premarital pregnancy, family conflicts, economic factors, promiscuous behaviour, normative conflicts, and suboptimal socialisation. In this context, Tuan Guru plays a crucial role in fostering understanding and compliance with the law in the Sasak Rembiga community through religious studies and marriage counselling. This strategy highlights the importance of integrating religious, cultural, and legal values to minimise early marriages and calls for cross-sector collaboration for sustained effectiveness.

Page 1 of 2 | Total Record : 12

 1   2 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol 17, No 2 (2025): in Press Vol 17, No 1 (2025) Vol 16, No 2 (2024) Vol 16, No 1 (2024) Vol 15, No 2 (2023) Vol 15, No 1 (2023) Vol 14, No 2 (2022) Vol 14, No 1 (2022) Vol 13, No 2 (2021) Vol 13, No 1 (2021) Vol 12, No 2 (2020) Vol 12, No 1 (2020) Vol 11, No 2 (2019) Vol 11, No 1 (2019) Vol 10, No 2 (2018) Vol 10, No 1 (2018) Vol 9, No 2: Desember 2017 Vol 9, No 1: Juni 2017 Vol 8, No 2: Desember 2016 Vol 8, No 1: Juni 2016 Vol 7, No 2: Desember 2015 Vol 7, No 1: Juni 2015 Vol 6, No 2: Desember 2014 Vol 6, No 1: Juni 2014 Vol 5, No 2: Desember 2013 Vol 5, No 1: Juni 2013 Vol 4, No 2: Desember 2012 Vol 4, No 1: Juni 2012 de JURE (Vol. 1, No. 2 Vol 3, No 2: Desember 2011 Vol 3, No 1: Juni 2011 de Jure (Vol. 2, No. 1 Vol 2, No 2: Desember 2010 Vol 2, No 1: Juni 2010 Vol 1, No 2: Desember 2009 Vol 1, No 1: Juni 2009 More Issue