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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 331 Documents
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Misyar Marriage and Women’s Autonomy in Muslim Countries: A Maqashid al-Usrah Perspective Nasiri Nasiri; Lia Istifhama; Zuman Malaka; Achmad Achmad; Lailatu Zahroh
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 Agus Machfud Fauzi; Novi Fitia Maliha; Iffatin Nur; Ahmad Ridwan; Eufrasia Kartika Hanindraputri; Mohammad Reevany Bustami
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 Hajed A. Alotaibi; Bandar A. Alyahya; Saud H. Alharthi
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 Islamul Haq; Rasna Rasna; Resi Resi; Habib Maulana Maslahul Adi; Agam Royana
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.
Mak Di Juk Siang Tradition in Lampung indigenous community: A Perspective on Islamic Marriage Law in Building Family Resilience Wahyu Abdul Jafar; Badrun Taman; Ahmed Hameed Kareem; Muntaser Ahmad Alqudah; Nashat Mohammad Abdel Qader Bani Hamad; Iim Fahimah
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.v18i1.40501

Abstract

This study explores the practice of Mak Di Juk Siang among the Lampung indigenous community as a mechanism for promoting family resilience, with particular attention to gender perspectives and the application of living fiqh munākahāt. Mak Di Juk Siang is a customary practice that governs divorce proceedings while reinforcing moral responsibility and honor in marital relationships. The research employs a qualitative approach through ethnographic fieldwork, including in-depth interviews with married couples, customary leaders, and relevant authorities, participatory observation of traditional activities, and analysis of related customary documThis study explores the practice of Mak Di Juk Siang in the Lampung indigenous community as a way of promoting family resilience, with particular attention to gender perspectives and the application of living fiqh munākahāt. Mak Di Juk Siang is a customary practice that governs divorce proceedings while reinforcing moral responsibility and honour in marital relationships. The research employs a qualitative approach through ethnographic fieldwork, including in-depth interviews with married couples, customary leaders, and relevant authorities, participatory observation of traditional activities, and analysis of related customary documents. The findings reveal that Mak Di Juk Siang functions as a form of social control over divorce and as a means of fostering gender awareness within the household. The practice highlights the roles of both women and men in maintaining marital harmony and emphasises the balance between each spouse's rights and responsibilities. It also demonstrates the synergy between local Piil Pesenggiri values and the principles of fiqh munākahāt in establishing harmonious family relationships. From an academic perspective, this study helps further understand the interaction between Islamic law, customary practices, and gender dynamics, while illustrating the relevance of living fiqh as an adaptive, culturally established approach. The findings may also inform the development of family law policies that are sensitive to local customs and promote gender justice in Indonesia. Keywords: family resilience; Mak Di Juk siang; marriage law.
The Bequest Transferred Prior to Death: Between Conflict Prevention and Gender-Biased Family Asset Division Meriyati Meriyati; JM. Muslimin; Nur Hidayah; Ahmad Rodoni
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.v18i1.36264

Abstract

Gender inequity in bequest practices within the Komering adat community reflects structural inequalities shaped by social, cultural, and ideological factors. Bequest is commonly practiced as a preventive mechanism to avoid inheritance disputes within families. However, this practice tends to privilege men by allocating productive assets, such as land and plantations, primarily to male heirs, while women often receive smaller shares or are positioned as secondary beneficiaries. From a social construction perspective, this pattern reflects patriarchal traditions embedded in customary practices. This study employs a qualitative approach with a socio-juridical research design to examine how social construction and patriarchal values influence bequest practices as an economic instrument within Komering families. Primary data were collected through field observations and in-depth interviews with customary leaders, family members, and women involved in bequest practices. Secondary data were obtained from legal documents, regulations, and academic literature. The analysis draws on patriarchal theory, social construction theory, and Sylvia Walby’s framework to explore the relationship between power structures and cultural legitimacy. The findings reveal that men are consistently prioritised in receiving productive assets, while women generally receive smaller portions of family wealth. This pattern is socially legitimised through norms positioning men as primary family providers. Consequently, women experience reduced access to economic resources, increased financial dependency, and weaker bargaining positions within the social structure. From the perspective of maqāṣid al-syarī‘ah, particularly regarding asset protection and distributive justice, current bequest practices have not fully reflected principles of justice. The gap between legal ideals and social realities indicates the need for reconstructing religious understanding and encouraging social transformation. Strengthening gender-responsive policies and promoting substantive justice-based interpretations of Islamic law are therefore necessary to restore bequest practices as inclusive mechanisms that support welfare and social equity.
Juvenile Criminal Responsibility in Muslim-Majority States: Between Sharia, State Law, and Restorative Justice Julisa Aprilia Kaluku; Nurini Aprilianda; Prija Djatmika; Alfons Zakaria; Fatiha Gourari
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.v18i1.32848

Abstract

Juvenile justice in Muslim-majority jurisdictions reveals a persistent normative tension between Sharia-based conceptions of criminal responsibility, state-centred legal regulation, and international child protection standards. This article comparatively examines juvenile criminal sanction policies in Saudi Arabia, Egypt, Pakistan, and Indonesia, with primary attention to the construction of criminal responsibility, models of sanctioning, institutional responses, and the place of community-based restorative mechanisms. Using a comparative approach, the study analyses how these jurisdictions negotiate the relationship between Islamic legal principles, national legislation, and culturally embedded local wisdom in responding to children in conflict with the law. The findings identify three general patterns: a predominantly punitive Sharia-oriented framework, a statutory-rehabilitative framework, and a hybrid framework combining legal reform with suboptimal local implementation. Among the four jurisdictions, Indonesia occupies a distinctive position because it institutionalises diversion and restorative justice while also allowing for socially grounded forms of reconciliation. With reference to this comparative synthesis, the article advances Dumot Justice as its principal conceptual contribution—a restorative-pluralist framework that integrates child protection, victim restoration, social accountability, and communal balance within a rights-sensitive juvenile justice design. The study concludes that sustainable juvenile justice reform in Muslim jurisdictions requires a jurisprudential model that integrates Sharia, national law, child protection, and culturally embedded restorative practices. Keywords: restorative justice; Islamic law; comparative legal analysis; child right protection.
Political and Legal Policies in Determining Hijri Calendar among MABIMS Member Countries Ahmad Wahidi; Mochammad Agus Rachmatulloh; Muhammad Syazwan Faid; Musataklima Musataklima
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.v18i1.39636

Abstract

The determination of the beginning of Islamic months constitutes a crucial intersection between religious law, astronomical science, and state authority. In MABIMS Member Countries, variations in political configurations and state-religion relations have produced distinct legal policies governing the Islamic calendar, particularly regarding Ramadan, Shawwal, and Dhu al-Hijjah. This study aims to examine how legal politics shape state authority in determining the beginning of Islamic months and to analyse the legal consequences of these policies for legal certainty and public compliance among Muslim communities. This research employs a normative juridical method with conceptual and comparative approaches. Data were derived from an analysis of statutory regulations, official fatwas, state religious authority decisions, and regional coordination documents within the MABIMS framework, supported by scholarly perspectives in Islamic law, astronomy (ʿilm al-falak), and legal politics. The findings demonstrate that the determination of Islamic months is not primarily driven by the methodological choice between hisab (astronomical calculation) and rukyah (hilal observation), but rather by the political configuration and the degree of centralisation of state religious authority. Indonesia and Singapore, characterised by more pluralistic and participatory political systems, position the state as a coordinator and final legitimising authority while allowing limited pluralism in societal practice. In contrast, Malaysia and Brunei Darussalam adopt a highly centralised model of state religious authority, where the determination of Islamic months is a binding legal decision enforced through statutory sanctions. This study concludes that stronger state authority in religious governance correlates with higher levels of legal unification and compliance in the Islamic calendrical system. Accordingly, legal politics plays a decisive role in shaping the legal outcomes of determining the Islamic month in Southeast Asia, extending beyond doctrinal or jurisprudential debates alone. Keywords: beginning of the month; hisab rukyah; legal politics; MABIMS.
Rembug pekon as a Restorative Justice Model: Integrating Local Wisdom and Islamic Law in Criminal Case Resolution in Lampung, Indonesia Efa Rodiah Nur; Iskandar Syukur; Alfi Husna
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.v18i1.36356

Abstract

The criminal justice system in Indonesia often faces challenges such as case accumulation, lengthy settlement processes, and the lack of restoration of relationship between offenders and victims. The restorative justice model through Rembug pekonhas emerged as an alternative approach based on local wisdom, emphasizing case resolution through deliberation and mutual agreement between the offender, the victim, and the community. This study aims to analyze the concept of Rembug pekonas a form of restorative justice implementation, examine the extent to which this mechanism can serve as a solution for resolving criminal cases based on local wisdom, and assess it from the perspective of Islamic law. The research employed a qualitative design with an empirical approach, conducted through in-depth interviews with traditional leaders, village officials, and community members; observations of the Rembug pekonprocess; data triangulation strategies; and analysis of supporting documents such as meeting minutes and village regulations. The results show that Rembug pekonplays a significant role in resolving minor criminal cases, social conflicts, and violations of customary norms in a quick, fair, and deliberative manner. These findings indicate that the Rembug pekonmechanism can complement the national legal system, provided that it is supported by clearer regulations and formal recognition of customary law practices at the local level. Rembug pekondemonstrates that the Lampung customary law community prioritizes maslahah mursalah, placing justice, humanity, and communal harmony above rigid legal compliance. Ultimately, Rembug pekonserves as an epistemological bridge that integrates Islamic law, local customs, and social realities to achieve collective welfare. Keywords: restorative justice; rembug pekon; dispute resolution; local wisdom; customary law; deliberation.
Hadith Interpretation from a Gender Perspective: Maqāṣid and Women’s Experience in Indonesian Fatwas Faqiuddin Abdul Kodir; Zunly Nadia
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.v18i1.41619

Abstract

Despite documented health risks and persistently high prevalence rates, the Indonesian government long deferred decisive regulatory action on female circumcision. This action reflects a hesitation shaped by the Indonesian Council of Ulama (MUI)'s 2008 fatwa, which framed the practice as a legitimate Islamic observance that the state had no authority to prohibit. This regulatory impasse persisted for over a decade, during which public health objectives remained subordinated to religious normative authority. The situation shifted only after the Indonesian Women Ulama Congress (KUPI) issued its fatwa in 2022, providing the Islamic legal legitimacy that enabled the government to formally ban the practice through Government Regulation No. 28 of 2024. The debated ḥadīth corpus — the principal textual basis for legal reasoning on female circumcision, understood as a pre-Islamic cultural practice that acquired religious associations within the Islamic juristic tradition — is interpreted through divergent maqāṣid-based methodologies with profoundly different epistemological and policy consequences. Utilising qualitative textual analysis of both fatwas, this article addresses two interrelated questions: how MUI and KUPI differ in their maqāṣid frameworks mediating the relationship between ḥadīth authority and ethical evaluation, and to what extent women’s actual experiences are recognised as epistemically relevant in the assessment of contested prophetic reports. The findings reveal two contrasting orientations: MUI deploys maqāṣid primarily as regulatory constraints that preserve inherited juristic precedent, while KUPI incorporates women’s experiential knowledge as a constitutive interpretive input that reconfigures the evaluation of ḥadīth authority in light of Qur'ānic and Sunnah-based commitments to preventing harm, maintaining dignity, and providing justice. By demonstrating how gendered epistemologies reshape the interpretive function of maqāṣid in ḥadīth analysis, this article contributes to debates on Islamic legal methodology, religious authority, and policy legitimacy in Muslim-majority societies. Keywords: hadith interpretation; maqāṣid al-Sharīʿah; female circumcision; women's lived experience; gendered epistemology.

Page 33 of 34 | Total Record : 331

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