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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.
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Articles 13 Documents
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Search results for , issue "Vol 17, No 1 (2025)" : 13 Documents clear
The Dominant Influence of Islamic Law in Addressing the Challenges of Upholding the Rights of Rohingya Refugees Darnela, Lindra; Azmi, Faisal Syafri; Sugitanata, Arif
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.29885

Abstract

The phenomenon of Rohingya refugees in Aceh, Indonesia, presents complex challenges in refugee management, particularly amid regulatory limitations and evolving social dynamics. Based on this context, this study aims to elucidate the dominant role of Islamic law understanding in Aceh in addressing the Rohingya refugee issue, employing Michael Mann's theory of power networks as an analytical framework. This research employs a qualitative, descriptive-analytical approach involving in-depth interviews with 15 informants, including UNHCR staff, activists, local communities, and refugees. Secondary data were obtained from literature and policies on refugee management in Indonesia. The findings indicate that the Acehnese community's understanding of Islamic law, as reflected in ukhuwah Islamiyah and local values such as peumulia jamee, serves as a key factor in accepting refugees. The principle of ukhuwah Islamiyah, rooted in the Qur'an, Hadith and the objectives of Sharia (Maqāṣid al-Sharīʿah), provides the moral and legal foundation for supporting international solidarity. However, challenges arise in social tensions, negative media coverage, and suboptimal implementation of Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad. From the perspective of power network theory, this study finds that the ideological network based on Islamic legal values dominates community solidarity. Meanwhile, economic, political, and military networks struggle to balance resource distribution and harmonising local and international policies. The scientific contribution of this research lies in its discovery that Islamic and local values dominate other power networks in refugee management in Aceh. The study recommends the formulation of a qanun on refugee management that aligns with local values as a model for similar contexts in other regions
Cancellation of Marriage Due to Apostasy in Islamic Law and Human Rights: A Comparative Analysis of Indonesia and Malaysia Sholehudin, Miftahus; Fadli, Moh; Sulistyarini, Rachmi; Djumikasih, Djumikasih
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.31465

Abstract

The issue of apostasy, especially the annulment of marriage on the grounds of apostasy, is a highly intricate and contentious issue at the intersection of Islamic law and human rights. This article seeks to undertake a critical comparative analysis of the legal frameworks, jurisprudence, and practical applications surrounding this issue within Indonesia and Malaysia—two prominent Muslim-majority countries. Through in-depth insight into the relevant laws and court cases with scholarly literature reviews, this paper examines the different approaches taken by these countries and the deeply entrenched challenges in resolving the principles of Islamic legal doctrine with the main tenets of international human rights. This examination requires treading the line carefully, as religious traditions and individual freedoms clash. An inclusive and balanced dialogue can be done to further the protection of human rights and respect the rich tapestry of religious and cultural perspectives. Indeed, the proper application of Islamic law can be viewed as a fundamental human right since the freedom to practice one’s faith is part and parcel of the core tenets of international human rights standards. It is in a holistic approach—one that respects both Islamic legal principles and universal human rights—that apparent tensions can be resolved and fair treatment can be ensured for everyone. Moreover, the Islamic jurisprudents take the invalidation of marriage by way of apostasy as unanimous since it is a permissible action in case of a defect or some damage in the marriage. However, clear and specific regulations are urgently needed with a view to legal certainty and unity within the community.
Reforming Indonesia’s Correctional System: The Role of Maqāṣid Al-Syarīʿah in Ensuring Justice and Rehabilitation Bunyamin, Bunyamin; Arifin, Firdaus; Maarif, Ihsanul; Bahri, Robi Assadul; Abdullah, Mohd Kamarulnizam
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.29258

Abstract

The correctional system in Indonesia faces significant challenges, including overcapacity, low effectiveness of rehabilitation, and a lack of integration of spiritual values. This research aims to explore the application of maqāṣid al-syarīʿah as a value foundation in the reform of the correctional system to enhance the effectiveness of rehabilitation and reintegration of inmates. This research employs a qualitative method with a normative-empirical approach, encompassing an analysis of regulatory frameworks, particularly Law Number 22 of 2022 concerning Corrections and observational techniques. The research results show that maqāṣid al-syarīʿah, with principles such as the protection of life (hifz an-nafs), intellect (hifz al-aql), spirituality (hifz ad-din), lineage (hifz an-nasl), and property (hifz al-māl) provide a holistic framework to support the rehabilitation of prisoners. Programs based on religious values and practical skills have proven capable of supporting individual moral and economic changes, while community involvement through community mentors strengthens social reintegration. However, challenges such as limited resources, cultural resistance to religious-based approaches, and the lack of oversight based on maqāṣid al-syarīʿah indicators hinder optimal implementation. Therefore, this research recommends a revision of more specific regulations, including the provision of religious-based facilities, officer training, and the strengthening of technology-based evaluations. This research includes formulating more humane and inclusive correctional policies in line with Islamic values and universal human rights. By integrating maqāṣid al-syarīʿah, the correctional system in Indonesia can transform into an instrument that is punitive and rehabilitative, creating sustainable social harmony.
The Right to Self-Defence: Locke’s Philosophical Approach and Islamic Law Efendi, Aan; Susanti, Dyah Ochtorina; Cahyaningrum, Lulik Tri; Sudarsono, Sudarsono
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.29506

Abstract

The right of self-defence is adopted in positive law. Self-defence in forced conditions due to aggression that threatens life, body, or property becomes the basis for exemption from punishment. This study uses the doctrinal type of legal research to justify the right of self-defence from the perspective of Locke's philosophy and Islamic law by collecting, analysing, and interpreting primary and secondary sources of law. In Locke's philosophy, the right to self-defence derives from the executive power of natural law that an individual has in a state of nature to be the judge and executor of natural law against all acts of violation of natural law that threaten their life, freedom, and property. In a political Society formed by mutual consensus to replace the natural state, individuals agree to relinquish the executive power of natural law to a civil government. In a political Society, the civil government is the judge and executor of the law for any dispute between individuals. However, the transfer of Natural Law executive power to the civil government is not absolute because, in certain circumstances that cause the civil government to be unable to protect life, freedom, and property, individuals can reuse their natural law executive power to safeguard themselves. The right of self-defence in a political society becomes a secondary means of self-protection only in circumstances where the civil government cannot protect individuals from threats to life, liberty, and property. Under Islamic law, defending one's own or others' life, honour, and property is the right of every Muslim without relying on a civilian government. Self-defence is carried out in proportion to acts of aggression. Based on Locke's philosophy and Islamic law, adopting the right of self-defence in positive law must have its limits defined to prevent its arbitrary use in an anarchic society
Law Enforcement of Sexual Violence on Social Media: An Islamic Restorative Justice Perspective Setiyawan, Deni; Hadi, Ismet; Rahmad, Noor; Rizqi, Aditya Maulana; Arifah, Kuni Nasihatun
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.28185

Abstract

Justice for victims of sexual violence on social media is still not fully realised, although positive law has accommodated the restorative justice approach. The existing legal framework is suboptimal, particularly in the aspect of psychological recovery and reconciliation for female victims. This research explores the application of Islamic restorative justice as an alternative approach to dealing with sexual violence in the digital space. The normative research methods used include statutory, comparative, and conceptual approaches. This research analyses the limitations of existing restorative justice practices and the potential of Islamic principles in providing a more holistic solution. The results show that although positive law recognises restorative justice, its application remains weak due to the lack of legal framework, social stigma, the anonymity of perpetrators, and the dominance of retributive punishment. Islamic restorative justice is relevant in the context of sexual violence on social media because it can overcome the existing challenges through the concepts of sulh, diyat, kaffarat, ta’zir punishment, and istighfar. This approach considers not only the legal aspects but also the spiritual, psychological, and social recovery of victims. Strengthening the legal framework that accommodates Islamic restorative justice is crucial in handling cases of sexual violence in the digital era.
Integrating Islamic Values with the Right to Be Forgotten: A Legal Approach to Addressing Deepfake Pornography in Indonesia Ramadhani, Evyta Rosiyanti; Rachmawati, Ayudya Rizqi; Kurnikova, Roro Hera
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.28880

Abstract

The potential for deepfake pornography to infringe upon personal data protection and violate privacy and dignity has become a significant concern. This study examines the role of the Right to Be Forgotten (RTBF) as a legal mechanism to mitigate the harmful effects of deepfake pornography in Indonesia, utilising a normative legal research approach and analysing extant regulations, including the Personal Data Protection (PDP) Law and the Electronic Information and Transactions (IET) Law, as well as Islamic legal principles on the protection of human dignity. The findings of the study suggest that while Indonesia provides a legal basis for RTBF, its implementation is hindered by limitations in Article 15 of the PDP Law, which restricts data deletion requests. The study proposes amendments to this article to enhance victim protection and argues for integrating RTBF with Islamic values to reinforce the moral and ethical necessity of erasing non-consensual deepfake content. To ensure effective enforcement, it is essential to strengthen the legal frameworks, foster collaboration between technology companies and regulators, and enhance digital literacy. The study concludes that effective implementation of RTBF has the potential to serve as a critical safeguard against deepfake pornography, thereby ensuring individuals can regain control over their digital identities and privacy in an evolving technological landscape.
The Urgency of Community Service Imposed as Punishment on Juvenile Delinquents: A Study of al- Shatibi’s Maqhasid al-Syariah Concept Krismiyarsi, Krismiyarsi; Adityo, Rayno Dwi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.31246

Abstract

This study examines community service punishment in the context of law enforcement and the protection of children's rights and explores its objectives based on syariah or legal principles. This normative juridical research adopts statutory and conceptual approaches. Primary, secondary, and tertiary legal materials were used and processed descriptively and analytically. The research findings indicate that the imposition of community service punishment aligns with the objectives of criminal law under the theory of relative purposes, emphasising the rehabilitation of the behaviour of offenders. Juvenile delinquents are required to perform social activities for the community. In criminal law, community service punishment involves important aspects, including law enforcement's obligation to implement it and the recognition of children's rights. From the perspective of maqashid al-syariah by Al-Shatibi concept, this punishment aligns with the primary and urgent goals of Islamic law (ad-dharuriyat) by fulfilling three of the five essential elements that must be safeguarded according to syariah: the protection of religion (hifz ad-din), life (hifz an-nafs), and intellect (hifz al-aql). These elements suggest that enforcing community service as punishment is an urgent matter to enforce the law and protect children’s rights.
Unveiling Gender Disparities in Legal Traditions: A Study of Deferred Mahar within Customary Law Ilmiati, Ilmiati; Nazhifah, Lazimatun; Iqbal, Muhammad; Makkarateng, Ma'adul Yaqien; Arake, Lukman
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.30466

Abstract

In the framework of Indonesia's legal pluralism, the deferred mahar tradition leads to societal disputes, raises divorce rates, and encourages debt-related crimes by placing financial burdens on the groom’s side. Such systemic issues critically need policy reforms. This paper primarily aims to critically analyse this phenomenon—the mowindahako tradition—within the legal plurality system observed by the Tolaki ethnic community in Southeast Sulawesi, Indonesia. Data was gathered through observation and in-depth interviews and subsequently analysed within the theoretical framework of Living Customary Law (LCL). The findings suggest that the practice of deferred mahar in Indonesia can be attributed to the complex interplay between customary law, the state, and religion within the country's framework of legal pluralism. Both legal politics and gender biases influence this phenomenon, evident in traditional institutions' policies that empower women to dictate substantial dowry sums, thereby imposing a financial burden on men. Concurrently, customary institutions provide men with credit to help them pay dowries, thereby enhancing their convenience. This approach has led to prolonged societal disputes, reflected in increased divorce rates and rising criminal prosecutions due to debt-related issues. This paper provides a comprehensive analysis of the Deferred Mahar policy implemented by the Tolaki tribal customary institution.
Academic Discourses On Women In The Context Of Islamic Law: A Bibliometric Approach Okur, Hüseyin; Cançelik, Ali; Duran, Büşra Nur; Aşar, Betül
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.32523

Abstract

This study aims to comprehensively evaluate the temporal trends of the literature, academic collaborations, and the most cited works in the field of Islamic law and women by employing a bibliometric analysis method. For the sample scope of the study, academic articles indexed in the Web of Science database between 2003 and 2023 were analysed. The findings indicate that research on Islamic law and women is concentrated in specific geographical regions, interdisciplinary approaches have been increasingly adopted, and periodic fluctuations are observed in academic production. The results reveal that the highest academic output is produced in countries such as the United States, Turkey, Malaysia, Indonesia, and the United Kingdom. However, despite Turkey’s high publication productivity, its international citation rates remain low. A significant portion of the studies focuses on the intersection of gender and legal perspectives. Mir-Hosseini’s work, with 130 citations, is the most frequently referenced article. Another notable finding is the limited academic collaboration in the field of Islamic law, as most studies are conducted as individual research endeavours. The findings suggest that the issue of women's rights within the context of Islamic law requires more interdisciplinary studies and that academic production should enhance its international visibility. Future research is recommended to incorporate empirical datasets, integrate studies in local languages into the international academic literature, and increase regional comparisons. This study offers a valuable resource for understanding the intellectual structure of academic production on Islamic law and women, and aims to serve as a guide for future research.
Between Worship and Bribery: Charity in the Shadow of Electoral Politics Awaluddin, Syah; Tjiptabudy, Jantje; Latupono, Barzah; Alfons, Sartje Sarah
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.32615

Abstract

This article examines the blurred boundary between genuine ṣadaqah (charitable giving) and covert vote-buying during Indonesia’s 2024 general elections, offering an Islamic legal analysis grounded in the concepts of niyyah (intention), ikhlāṣ (sincerity), riyāʾ (ostentation), and evidentiary principles such as qarīnah (contextual indicators). While political actors often disguise electoral incentives as acts of worship, Islamic jurisprudence provides a normative framework to distinguish between sincere charity and manipulative political strategy. The study adopts a normative-juridical approach, combining descriptive-qualitative analysis with both classical Islamic sources, such as the Qur’an, Hadith, fiqh, and tafsir, and contemporary legal regulations, particularly Law No. 7 of 2017 concerning Elections. Data were collected through library research and analysed thematically using Islamic legal reasoning, legal maxims, and selected case illustrations from the 2024 elections. This methodological framework enables a nuanced interpretation of intention in Islamic law—not based on verbal confession but inferred through circumstantial and behavioural indicators. The main contribution of this research lies in its articulation of an evidentiary model rooted in Islamic jurisprudence (fiqh)—a structured framework for evaluating the ethical and legal status of charitable acts in politicised contexts based on indicators recognised in Islamic legal thought. This model equips scholars, regulators, and the public with the tools to detect and assess electoral misconduct disguised as religious virtue. This study presents a clear novelty in the form of a matrix of legal indicators—derived from Islamic legal ethics—as an original analytical tool to objectively evaluate political intent in charitable acts during elections. By integrating classical Islamic thought with contemporary electoral challenges, this article contributes a unique perspective to Islamic legal studies and democratic governance, laying the groundwork for a reformed jurisprudential approach to political ethics in Muslim-majority societies.

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