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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 6 Documents
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Search results for , issue "Vol 18, No 1 (2026)" : 6 Documents clear
Intellectual Property Rights Law Reform Based on Maqāṣid al-Sharī‘ah as a Model for Green Business-Based Creative Industry Protection to Support Sustainable Development Nurani, Nina; Apriwandi, Apriwandi; Bagja, Hafied Noor
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.40840

Abstract

This research is motivated by the normative tension between the intellectual property rights (IPR) legal regime, which is oriented towards exclusive rights and economic certainty, and the demands of social welfare and sustainable development. Although IPR functions as an instrument to incentivize innovation, its normative structure tends to result in unequal access and the dominance of capitalist actors, and it has not explicitly integrated the principle of sustainability. This article aims to reconstruct a model for IPR legal reform based on maqāṣid al-sharī‘ah as a normative framework capable of balancing rights protection, distributive justice, and ecological sustainability. The research method employed is normative legal research with a statutory, conceptual, and comparative approach, which is analysed through the construction of maqāṣid al-sharī‘ah. The results show that the Indonesian IPR regime still adheres to an exclusivist-proprietarian paradigm that protects individual ownership and economic benefits but has not yet internalised the principles of maṣlaḥah, ‘adl, and sustainability. The integration of maqāṣid produces a normative model that repositions exclusive rights as conditional rights subject to the public interest, the distribution of benefits, and environmental protection. The conclusion confirms that IPR remains valid as a protection of property and intellect, but must be limited by the principles of social justice and sustainability. The limitation of this study lies in the normative approach that has not examined empirical implementation. The implication of this research is the need to reorient IPR law towards a more inclusive and sustainable system. The novelty of this article lies in the use of maqāṣid al-sharī‘ah as a framework for the normative reconstruction of IPR that comprehensively integrates economic, social, and ecological dimensions. Keywords: intellectual property; law; maqāṣid al-sharī‘ah; creative industry; sustainable development.
From Moral Authority to Policy Integration: The Role of Religious Leaders in Marital Mediation in Indonesia and Malaysia Harry, Musleh; Hamidah, Tutik; Jundiani, Jundiani; Nasrulloh, Muhammad; Saidon, Rafeah
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.35639

Abstract

Divorce rates in certain Southeast Asian countries remain a growing concern, with some regions experiencing one divorce in every four marriages. Formal mediation in religious courts has proven largely ineffective in mitigating this trend. However, two Muslim-majority regions, namely Rembang in Indonesia and Melaka in Malaysia, consistently demonstrate significantly lower divorce rates. This study seeks to explore the underlying factors contributing to this pattern. Employing a qualitative comparative method, this empirical research investigates how religious leadership contributes to family conflict resolution in both communities. The study involved interviews with six (6) informants in Indonesia and six (6) in Malaysia. The findings reveal that the presence of a strong religious ecosystem, in which religious leaders act as informal mediators, plays a central role in preventing divorce and promoting reconciliation. In these communities, religious figures such as imams or kiai are widely respected and trusted, and are often consulted before legal proceedings are considered. In Malaysia, the role of religious leaders has been institutionalised through state-supported programs that integrate them into official family protection and dispute resolution mechanisms. In contrast, Indonesia has not yet developed formal policies that support the role of religious leaders in marital mediation, despite their substantial influence in rural and coastal communities. This study concludes that religious leaders function not only as moral authorities but also as effective mediators who connect community values with personal disputes. Strengthening collaboration between religious institutions and state authorities is crucial to enhancing non-litigation divorce prevention strategies. The integration of faith-based mediation into public policy could significantly contribute to sustaining family resilience in Southeast Asian Muslim societies.Keywords: religious authority; mediation; divorce; marriage.
Misyar Marriage and Women’s Autonomy in Muslim Countries: A Maqashid al-Usrah Perspective Nasiri, Nasiri; Istifhama, Lia; Malaka, Zuman; Achmad, Achmad; Zahroh, Lailatu
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.36576

Abstract

Misyar marriage remains a contested form of marital arrangement in contemporary Muslim societies because it allows spouses to negotiate or waive certain marital obligations, including co-residence, financial support, and public visibility. This study examines how misyar marriage is practiced by women from relatively privileged socio-economic backgrounds in Saudi Arabia, Morocco, Egypt, Malaysia, and Indonesia, and evaluates these practices through the lens of gender analysis and Jamaluddin Athiyyah’s maqasid al-usrah. The study employs a qualitative multi-site design using in-depth phenomenological interviews, field observations, and document analysis. Data were collected from 20 informants across the five research settings. The findings show that misyar practices vary across contexts but commonly involve motives related to marital flexibility, negotiated domestic autonomy, ease of exit, companionship, sexual and emotional needs, and lineage aspirations. For some women, misyar functions as a strategy for exercising agency in negotiating intimate relationships outside conventional marital expectations. At the same time, recurrent secrecy, weak institutional recognition, unstable obligations, and limited legal protection generate gendered vulnerabilities, particularly in relation to marital security, family continuity, and economic rights. Viewed through Athiyyah’s maqasid al-usrah, the practices documented in this study do not produce a uniform outcome, but they repeatedly reveal difficulties in fulfilling the broader ethical and institutional objectives of family life in a stable and sustainable manner. This study contributes to debates on Islamic family law by connecting women’s lived experiences, cross-national variation, and maqasid-based family ethics.Keywords: Misyar marriage; maqasid al-usrah; women’s autonomy.
Politicisation of Agrarian Legal Conflict as Political Capital: A Fiqh Siyasah Perspective Fauzi, Agus Machfud; Maliha, Novi Fitia; Nur, Iffatin; Ridwan, Ahmad; Hanindraputri, Eufrasia Kartika; Bustami, Mohammad Reevany
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.41410

Abstract

Urban agrarian legal conflicts in Indonesia started to arise following state land governance policies and the acceleration of land asset certification, raising questions about land rights and legal protection for long-term residents. During the 2024 Surabaya mayoral election, tensions intensified as PT Kereta Api Indonesia (PT KAI) accelerated land-asset certification, affecting residents in several urban neighbourhoods. The dispute over the legal certainty of land rights entered the electoral arena and was politicised by political elites as a strategy to mobilise support and secure electoral victory. This article examines how agrarian legal conflict is politicised as political capital and how affected residents interpret and respond to limited political choices when their right to the city is under threat. A qualitative approach was employed through field observation, document analysis, and in-depth interviews conducted in three affected sub-districts in Surabaya: Petemon, Gundih, and Pacar Keling. The analysis integrates the theory of political representation developed by Hanna Pitkin with the perspective of fiqh siyasah concerning ‘adl (justice), maslahah (public welfare), and political legitimacy as articulated by Abu al-Hasan al-Mawardi. The findings reveal three patterns of political responses among affected residents: political apathy due to weakened channels of representation; clientelistic co-optation through neighbourhood governance networks, such as RT/RW, accompanied by promises of compensation; and electoral resistance expressed through support for the empty-box option. Politicising agrarian legal conflict proved effective as political capital, leading to a procedural electoral victory. However, from a fiqh siyasah perspective, political legitimacy cannot be determined solely by electoral success but must also reflect justice and the protection of public welfare. This study contributes theoretically by employing fiqh siyasah as an analytical framework to evaluate the gap between procedural electoral victory and normative legitimacy in urban agrarian conflicts. Keywords: agrarian legal conflict; political capital; electoral politics; fiqh siyasah; political representation
From Custom to Modernisation: A Legal-Historical Study of Saudi Arabia's Legal Development Alotaibi, Hajed A.; Alyahya, Bandar A.; Alharthi, Saud H.
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.37829

Abstract

Saudi Arabia’s legal system has undergone radical reform, in which the decentralised tribal tradition (ʿurf) and Hanbali jurisprudence (fiqh) have been superseded by a new, modern, codified, and institutionally differentiated legal system. Whatever this change, the processes and reasoning that lead to it are not fully discussed in comparative Islamic law literature. This article presents the strategy of the Saudi state towards a conflict between Islamic normative legitimacy and the administrative demands of modern rule in three historical phases: pre-modern custom and fiqh, early state formation, and the codification of the modern one (2007-2024). The research critically examines primary legal texts and comparative legal scholarship in the Gulf and other jurisdictions with majority-Muslim components of their legal systems, adopting an interpretive, doctrinal-historical, and socio-legal viewpoint. The findings suggest that Saudi legal development exhibits a distinctive state-oriented reconfiguration of doctrines, in which statutory frameworks preserve classical fiqh principles without being overrun by them, yet are predicated on the need for rentier autonomy, the management of legitimacies, and economic integration. This amalgamation is much dissimilar to the modernisation of the law approaches in Egypt, the UAE and Malaysia. Further studies are needed to empirically analyse the implementation of codified statutes in practice by those trained in classical fiqh, and to assess the extent of doctrinal consistency in the newly specialised courts of Saudi Arabia.Keywords: Saudi Arabia; sharia; codification; basic law.
Mihita La Ua Uatto as a Normative Moral Order: Converging Customary Law and Islamic Penal Law Haq, Islamul; Rasna, Rasna; Resi, Resi; Maslahul Adi, Habib Maulana; Royana, Agam
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.40543

Abstract

This study examines the philosophy, social function, and contemporary implementation of the Iha customary caning law known as Mihita La Ua Uatto, which is grounded in the local philosophical adage, “where there is balance, there is peace.” The research seeks to: (1) analyse the role of this customary sanction in preserving social and spiritual order within the Iha community amid contemporary legal and social transformation; and (2) explore the convergence between its restorative values and the foundational principles of Islamic Penal Law (Hukum Pidana Islam), particularly al-Ta’dīb (moral education) and al-‘Adālah (justice). This study employs a qualitative socio-legal approach through field interviews with customary leaders, religious figures, and community members, supported by an examination of customary records, local narratives, and relevant legal literature. The findings reveal that Mihita La Ua Uatto derives its authority not merely from coercive punishment, but from collective moral legitimacy, ritual symbolism, and communal participation that reinforce social harmony and accountability. The study further formulates the concept of al-ʿUqūbah al-Jamāʿiyyah al-Mutakāmilah (Integrated Collective Punishment Theory), which emphasises that sanctions become socially effective when embedded within collective ethical consciousness and restorative objectives. This research demonstrates that customary law operates as a living normative order capable of contributing to the harmonisation of local wisdom, Islamic legal values, and national legal development. Keywords: customary law; mihita la ua uatto; Islamic law.

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