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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 2 (2025)" : 13 Documents clear
Local Wisdom and Gender Equality in Joint Property Division: An Islamic Legal Perspective from Malaysia Mat Hussin, Mohd Norhusairi; Arifah, Risma Nur; Aisyah, Siti; Daud, Mohd Zaidi; Samah, Mahamatayuding
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.31562

Abstract

This study investigates the practice of harta sepencarian (joint matrimonial property) within the Malay community in Malaysia, focusing on the interaction between Islamic law, local customs, particularly Adat Perpatih and Adat Temenggung, and cultural values. Using a normative legal approach supported by content analysis, the research examines whether current legal frameworks and social practices align with the principles of justice, gender equity, and the objectives of Islamic law (maqāṣid al-shari’ah), especially the protection of wealth (ḥifẓ al-māl), well-being (ḥifẓ al-nafs), and dignity and lineage (ḥifẓ al-ʿirḍ wa al-nasab). The findings reveal that harta sepencarian represents a hybrid legal model, integrating statutory Islamic family law with indigenous Malay traditions. The increasing acknowledgement of women’s domestic and economic roles significantly influences decisions regarding asset division. While there appears to be a general harmony between religious and customary principles, the study highlights key challenges, such as the lack of legal clarity regarding indirect contributions and inconsistencies in dispute resolution processes. To bridge these gaps, the research advocates for the formalisation of equitable legal standards that incorporate both Islamic jurisprudence and customary wisdom. By doing so, harta sepencarian can evolve into a more just and culturally resonant framework for managing marital property within the Malay Muslim community.
Customary Sanctions for Strengthening Moral Order and Social Harmony in South Sumatra Communities Erniwati, Erniwati; Pertiwi, Hana; Asmita, Sri; Andriyani, Andriyani; Oktarina, Evi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32262

Abstract

The implementation of customary (adat) sanction-based strategies to minimise immoral acts illustrates the interaction between customary law, moral values, and social dynamics in local communities. This study aims to analyse the effectiveness of such sanctions in curbing immoral behaviour, which includes physical, verbal, and sexual offences outside of marriage, as well as other forms of social deviance. It examines the types of sanctions applied, such as fines, corporal punishment, forced marriage, and ostracism. From the perspective of Islamic law, these sanctions fall under ta'zir, a discretionary punishment used to uphold justice and maintain order. Based on family and social law theory, the study positions customary norms as tools for promoting collective morality and shaping social cohesion. Using a qualitative approach, data were collected through interviews with religious and traditional leaders, community elders, and young people, as well as through field observations. The findings show that customary sanctions foster awareness, promote moral conduct, and support social harmony by reinforcing shared ethical standards and encouraging communal responsibility. These practices are deeply embedded in cultural identity and often enjoy stronger legitimacy than formal legal mechanisms. Although not part of state law, customary sanctions operate as informal systems of justice and serve as culturally appropriate responses to moral decline. The significance of this study lies in its potential to inform policy and practice through culturally grounded strategies that integrate religious ethics, traditional values, and local wisdom. It also contributes to broader discourses on alternative dispute resolution, grassroots moral governance, and the role of local institutions in addressing youth immorality and sustaining social order.
Autonomy and Islamic Criminal Law Enforcement in Creating Social Order in Aceh Region Anwar, Syahrul; Ramli, Mohd Anuar; Nuruddien, Muhammad
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32771

Abstract

This study departed from the special status of Aceh as the only province in Indonesia granted specific authority to implement Islamic law through Law No. 11 of 2006 concerning the Government of Aceh. One of the manifestations of this special status is the existence of the Sharia Court, which holds the authority to adjudicate jinayah (Islamic criminal) cases, such as khalwat (close proximity between unmarried individuals), maisir (gambling), and khamar (alcohol consumption). This research aims to analyse how the Sharia Court performs its judicial function in resolving jinayah cases, the challenges it faces in practice, and the effectiveness of jinayahenforcement in fostering justice and social order. The method used is an empirical juridical approach, with data collected through interviews, document analysis, and direct observation. The findings reveal that the Sharia Court plays a significant role in enforcing Islamic criminal law in Aceh. However, the implementation of the jinayahstill faces several obstacles, particularly regarding coordination among law enforcement agencies, limited human resources, and resistance from certain segments of society toward the jinayah law. These findings suggest that the success of jinayahenforcement is not solely dependent on regulations but also on the readiness of judicial institutions, community support, and synergy among legal enforcement bodies. This study is expected to make a significant contribution to the evaluation and reinforcement of the Sharia judicial system within the framework of Aceh’s special autonomy, while offering strategic recommendations to enhance the effectiveness of Islamic law enforcement that is just and sustainable.
Guaranteeing Women’s Freedom under the Constitution: Gender Analysis of Qânûn Practices in Aceh Anggriani, Jum; Abdullah, Ali; Cahyawati, Dwi Putri; Dahlan, Ahmad; Fahriani, Ipak
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32394

Abstract

This article analyses and critiques the practice of qânûn in Aceh on guaranteeing women's freedom. Research data were collected from library research, including primary data obtained from scientific publications in journals, books, and proceedings on six qânûn documents in Aceh; secondary data consist of laws and regulations. The data were also gathered from interviews with Acehnese figures who were familiar with qânûn, Islamic law, and Acehnese customs. The analysis method refers to a descriptive-qualitative approach that combines doctrinal-normative and socio-legal analysis. The results show that all qânûn in Aceh are normatively valid legal products, as the Regional People's Representative Council ratifies them. However, their formulation and ratification reveal gender bias, as only 5% of female legislators have been involved, and in some regions, the percentage of female members remains at 0% until 2024. In its implementation, gender bias is also considered to be obvious, particularly in the application of caning punishment in public places, which gives social pressure on women, leaving women's interests not fully affirmed. The interviews with Acehnese figures suggest that qânûn is essentially a recognition of the synergy having existed since ancient times, when Aceh was still a kingdom where Islamic law and customary practices in Acehnese society placed women in policymaking roles.
Addressing Gender Imbalance in Marriage and Wife-Initiated Divorce in Aceh: Rethinking the Role of Premarital Counselling Hanapi, Agustin; Husnul, Muhammad; Wahyuni, Yenny Sri; Muqaddas, Abe Yafi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.29131

Abstract

The persistently high divorce rate in Aceh, predominantly initiated by wives, reflects enduring gender inequality within marital structures. This article critically examines the effectiveness of premarital counseling as a preventive measure against marital dissolution. Using a juridical-normative-empirical approach, qualitative data were collected through interviews with facilitators, registrars, and officials in several Religious Affairs Offices across Aceh Province. Findings reveal that Premarital counseling is frequently implemented in a manner inconsistent with national guidelines, constrained by insufficient duration, lack of certified facilitators, and poor monitoring mechanisms. More importantly, program content often reproduces patriarchal norms rather than addressing structural gender inequalities that contribute to wife-initiated divorce. The article argues that without integrating a gender perspective and addressing underlying socio-legal factors, Premarital counseling remains ineffective in reducing divorce rates. This study contributes to the literature by linking gender imbalance, family resilience, and legal effectiveness, and recommends curriculum reform, professionalization of facilitators, and systematic evaluation to enhance the program’s preventive capacity
Challenges in Criminal Law Enforcement against Political Patronage in Regional Head Elections Ismayawati, Any; Aristoni, Aristoni; Rosyada, Amrina
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.33001

Abstract

The transition from a representative to a direct election system has opened wider access to political participation, allowing the public to directly elect candidates for governor, regent, and mayor. However, various groups see this system as an opportunity for political patronage, potentially involving money politics, that may undermine integrity and substantive democracy at the local level. This study aims to examine the challenges of enforcing criminal law against political patronage in regional head elections, primarily focusing on exploring the perceptions and behaviour of the Karimunjawa Jepara community towards the practice of political patronage, as well as the challenges and solutions faced by the Integrated Law Enforcement Centre in enforcing criminal law against such practices in regional elections. Furthermore, the findings were analysed using a legal anthropology and siyasah shar'iyyah approach. The results of this study indicate that the people of Karimunjawa remain permissive towards political patronage practices due to their apathy towards candidate pairs and socio-economic conditions. The weakness of evidence, driven by the public's unwillingness to testify, is a crucial challenge for the Integrated Law Enforcement Centre in enforcing criminal law during regional elections. From legal anthropology and siyasah shar'iyyah perspectives, these findings reflect the lack of optimisation in the internalisation of legal and Islamic values in the community's political attitudes. Therefore, a continuous legal outreach program and education that adhere to local values and Islamic spirituality are essential to overcome this problem. This research contributes to integrating electoral criminal law with Islamic values, while serving as a reference for the Integrated Law Enforcement Centre, the Election Supervisory Body, and related parties in formulating fair and progressive legal policies for the enforcement of electoral law.
Negotiating Islamic Law and Religious Tolerance in Mixed-Marriage Families in South Korea Whindari, Yayuk; Sudirman, Sudirman; Zulaichah, Siti; Hayati, Irma Nur; Hyun, Park Ji; Taufiqi, Muchammad Zidan
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.31313

Abstract

The dynamics of mixed-marriage families between Muslims and non-Muslims in South Korea illustrate how Islamic legal principles are negotiated within a multicultural and minority context. This study examines how Indonesian–Korean families practice and reinterpret Islamic law by integrating Social Construction Theory and the maqāṣid al-sharī‘ah framework. This research employs a socio-juridical qualitative design supported by demographic statistics on Indonesian migrants and intermarriages from Korean government sources. Primary data were obtained through in-depth interviews and semi-structured questionnaires with ten purposively selected Indonesian Muslim–Korean couples, while some other data were gathered from the Korean Muslim Federation (KMF) and the Indonesian Muslim Student Association (IMUSKA), both playing a central role in community support and religious education. Data were analysed in three stages: reduction, data display, and conclusion-drawing, to obtain a thematic interpretation that integrates social and legal dimensions. The findings reveal diverse strategies among Muslim spouses in balancing religious obligations with tolerance toward non-Muslim partners and families. Some maintain strict adherence to Islamic prohibitions, while others accommodate local cultural practices such as communal dining or social gatherings involving alcohol, interpreting these as expressions of respect and family harmony rather than religious neglect. These negotiations demonstrate that tolerance within mixed-marriage families is an active, socially constructed process shaped by daily interaction, cultural adaptation, and pragmatic decision-making. From the maqāṣid al-sharī‘ah perspective, such practices can be understood as preserving core objectives of Islamic law—ḥifẓ al-dīn (protection of faith), ḥifẓ al-nasl (family and lineage), and ḥifẓ al-ijtima‘ (social harmony). This research contributes to broader discussions on Islamic law, interfaith relations, and the lived experiences of Muslim minorities, highlighting how Islamic legal principles operate dynamically within non-Muslim communities.
Sharia, Gender Politics, and Public Discourse: Media Representation of Female Royal Leadership in Yogyakarta Nugroho, Catur; Huda, Muhammad Chairul; Wulandari, Astri; Nastain, Muhamad; Malau, Ruth Mei Ulina
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.33150

Abstract

This article examines how two mainstream Indonesian newspapers—Kompas and Republika—construct competing discourses around the prospect of female royal leadership in the Yogyakarta Sultanate. Focusing on the 2015 succession controversy triggered by Sultan Hamengku Buwono X’s decision to open the throne to his eldest daughter, the study investigates how media narratives invoke Islamic law, royal tradition, and gendered authority. Using Norman Fairclough’s three-dimensional Critical Discourse Analysis, the article analyses news reports and opinion pieces published between March and May 2015 to uncover how linguistic choices, sources, and intertextual references are mobilised to legitimise or contest a woman’s claim to the throne. The findings show that Republika frames the issue through a conservative Sharia-based perspective, emphasising religious orthodoxy and patriarchal norms. On the other hand, Kompas adopts a more pluralist and constitutionalist framing that normalises female leadership as congruous with democratic and cultural change. The primary argument advanced in this article is that the core site of contention is not Islamic law per se, but the way Sharia is selectively interpreted and circulated through media discourse to support competing hegemonic projects concerning gender and authority. Theoretically, the study demonstrates that media discourse serves as a critical arena in which Sharia, gender authority, and cultural legitimacy are negotiated, thereby making an essential contribution to Islamic legal studies and critical media analysis.
Philosophical Foundation, Application, and Controversies of Judicial Pardon in Islamic Criminal Law, Indonesian Penal Code, and the Criminal Justice System of Kuwait Ali, Mahrus; Al-Fahad, Hamad F.; Maulana, Wasikh
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32629

Abstract

This article explores the philosophical foundation and scope of application of al-‘afwu ‘anil ‘uqubah in Islamic criminal law, judicial pardon in the Indonesian Penal Code, and pardon and reconciliation under the criminal justice systems of Kuwait. Adopting philosophical, statutory, conceptual and comparative approaches, it employs the judicial-normative research method to analyse legal principles, legal concepts, and legislation relevant to the subject matter and to the topic. The findings indicate that the philosophical rationale of al-‘afwu ‘anil ‘uqubah in Islamic criminal law is grounded in restorative and theological aims, limiting its application to specific offences such as qishash, certain hudud, and ta’zir. In contrast, the Indonesian Penal Code uses rechterlijke pardon to soften the rigidity of legalistic punishment, granting judges discretionary authority to withhold penalties in trivial cases, taking into account the offender’s circumstances and contextual factors. Meanwhile, the Kuwaiti criminal justice system, though influenced by Sharia principles, employs pardon and reconciliation primarily to control crime, granting extensive powers to the Amir, victims, and investigative bodies to commute or withdraw penalties in exchange for cooperation.
Justice, Land, and Sharia: Conceptualizing Agrarian Courts in the Settlement of Land Ownership Disputes Tambunan, Rico J.R.; Safa'at, Rachmat; Permadi, Iwan; Sulistyarini, Rachmi
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32486

Abstract

Agrarian disputes remain pervasive and complex, frequently involving violations of land rights, land grabbing, and overlapping claims. Such disputes often span civil, administrative, and even criminal dimensions, resulting in fragmented litigation before the General Courts and the State Administrative Courts. This fragmented adjudication has produced inconsistent and conflicting judicial decisions, thereby undermining legal certainty and justice in the land sector. These conditions underscore the urgency of establishing a specialized agrarian court with a clear institutional and procedural framework. This study aims to formulate a conceptual model of an agrarian court and to propose its future institutional mechanism in order to ensure legal certainty in the resolution of agrarian disputes. From the perspective of Islamic law, land ownership constitutes a protected right (ḥifẓ al-māl) that necessitates an effective and just dispute-resolution mechanism. This research employs a normative legal methodology using statutory, case, comparative, and conceptual approaches, supported by primary, secondary, and non-legal materials. The findings propose the Agrarian Court Concept based on the “3Ps” framework—Position, Procedure, and Professionalism—which emphasizes institutional clarity, specialized procedural rules, and competent adjudicators. This model is designed to prevent future disputes, harmonize judicial decisions, and resolve agrarian conflicts in a manner that promotes legal certainty, justice, and the broader objectives of law, including the principle of enjoining good and preventing harm.

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