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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.
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Articles 318 Documents
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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.
Addressing Child Marriage in West Sulawesi: The Role of Islamic Institutions in Public Legal Awareness Nur, Dwi Utami Hudaya; Sadik, M.; Nuzha, Nuzha; Abbas, Ahmad; Ardiansyah, Ardiansyah
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.v17i1.29482

Abstract

Child marriage remains a pressing issue in West Sulawesi, where its prevalence is notably high in Indonesia. This study aims to identify the root causes of child marriage and boost legal awareness through the role of Islamic institutions. We also seek to explore the relevance of contingency and power relation theories in understanding the factors contributing to child marriage. This study uses a juridical-sociological approach, integrating primary and secondary data sources. Data collection involved in-depth interviews with key informants, direct observation, and analysis of relevant documents. Two villages in Majene with the highest cases in West Sulawesi were selected. Data triangulation was employed to increase the validity and reliability of the findings. Our finding demonstrates that, based on contingency theory, the root causes of child marriage depend on stigmas rooted in parental attitudes, prevailing social norms, and individual characteristics. Understanding the driving causes of child marriage in West Sulawesi leads this study to propose a conceptual model for action. A wide range of root causes of child marriage calls for a power relation theory that links policy to its implementation. We advocate for collaborative initiatives through the introduction of village regulations and the involvement of Islamic institutions. To further explore this, we invoke the theory of power relations to enhance public awareness. It helps our scheme of collaborative initiatives for enforcing village regulations by connecting law to social norms, enabling people in the village to respect and comply with the rules.
Between Sharia and State: Fatwa Authority and Pandemic Responses in Indonesia, Turkey, and Morocco Taufiq, Muhammad; Faiz, Muhammad Fauzinudin; Ravaşdeh, Ziyad
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.v17i1.31433

Abstract

The reactions of Muslim communities to the COVID-19 pandemic highlight the importance of the relationship between Sharia and the state in developing a fiqh of mitigation for future pandemics. Muslim-majority countries faced significant challenges in balancing health protocols with religious obligations, such as mosque closures, the suspension of Ramadan and Hajj rituals, and debates over the halal status of vaccines. In this context, fatwa authorities played a crucial role in mediating between state policies and the religious sensitivities of the public. This study explores the Sharia–state relations through the intersection of Islamic jurisprudence (fiqh), fatwa authority, and pandemic responses in Indonesia, Turkey, and Morocco. Each country exemplifies a distinct relationship between state and religious authority, influencing how pandemic mitigation strategies are received and implemented. Utilising empirical legal methods and the fiqh of mitigation based on the principles of maqāṣid al-sharī‘a, particularly ḥifẓ al-nafs (preservation of life), maslahah (public interest), and saddu al-dzārī‘ah (preventive measures), this study highlights how religious decrees (fatwas) align with or diverge from public health regulations. The findings reveal that Sharia-state relations are crucial in building the fiqh of mitigation, public compliance, and state–religion cooperation. The study advocates for institutionalising a fiqh of mitigation to prepare Muslim societies for future pandemic crises through a balanced approach that integrates Sharia principles and public health governance.
Criminalising Women, Silencing Victims: Human Rights and Sharia Enforcement in Aceh Hasbi, Yusrizal; Saputra, Ferdy; Iskandar, Hadi; Rasyid, Laila Muhammad; Harun, Harun
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.v17i1.29635

Abstract

This study critically examines the role of Islamic law and local customs (adat) in Aceh in shaping criminalisation processes and victims’ rights, particularly focusing on the protection of women. Aceh, endowed with special autonomy within Indonesia, presents a unique legal framework that blends Islamic law (Sharia) with indigenous customary law, creating a hybrid legal environment grounded in both religious doctrine and cultural values. Although often perceived as rigid, Acehnese Islamic law incorporates a humanist ethos that prioritises community harmony and upholds women’s dignity. Using normative legal research methods, with a conceptual approach and scientific interpretation, the research evaluates the extent to which the current legal system aligns with national and international human rights standards. Specifically, it focuses on how legal norms are formulated, interpreted, and applied in cases of gender-based violence. By examining academic literature and legal analyses, this study underscores the importance of a balanced approach within Aceh’s legal framework, one that respects Islamic values and cultural traditions while strengthening the protection of women’s rights. The study’s main contribution lies in its normative critique of Aceh’s dual legal system and its recommendation to harmonise Islamic legal norms with international human rights obligations. By proposing a rights-based recalibration of the existing framework, the research offers a pathway to enhance legal protections, improve access to justice, and ensure that Islamic law functions as a means of empowerment rather than marginalisation. This review provides critical insights into the complexities of Aceh’s Islamic legal system and its broader societal implications.
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

Page 31 of 32 | Total Record : 318

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