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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.
Arjuna Subject : -
Articles 334 Documents
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Between Tradition and Sharia: Resolving Cultural Conflict in Walīmah Infiṣāl through Ibn Qayyim al-Jawziyyah’s Theory of Legal Change Ismail Keri; Abdulahanaa Abdulahanaa; Ma'adul Yaqien Makkarateng; Hamzah Hamzah; Sylviah Sylviah
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.v18i1.40340

Abstract

The practice of walīmah infiṣāl (segregated wedding receptions) as a symbol of religious identity in Bone Regency often confronts established traditional marriage cultures, creating potential cultural and religious conflicts in public spaces. This study explores strategies to address these tensions by utilising Ibn Qayyim al-Jawziyyah’s framework for legal change. The research employs a qualitative approach, including normative-juridical analysis and a case study method, in Bone Regency. Data were gathered through participatory observation and in-depth interviews with 20 key informants, including religious scholars (ulama), academics and community leaders, conducted during the field research period. The study identifies three primary conflict resolution strategies used by the community: (1) a preaching strategy to educate on ethical dress and adornment; (2) a tolerance strategy based on recognising diverse schools of thought; and (3) a dialogue strategy to build consensus and practical compromises. Furthermore, three adaptive role models are proposed: (1) a combined model featuring a three-lane seating arrangement (male, female and family) without a physical partition; (2) a modified traditional model incorporating ethical guidance and discouraging monetary donations; and (3) an adapted walīmah infiṣāl model that maintains separation while providing designated spaces for family socialisation. Theoretically, this research demonstrates that Ibn Qayyim al-Jawziyyah’s principles, particularly the al-jam‘u wa al-taufīq (reconciliation) method, provide a constructive framework for harmonising religious mandates in texts with the socio-cultural benefits of local traditions.
Gendered Poverty and Educational Exclusion among Young Women in Pakpak Batak Widow-Headed Households Hadriana Marhaeni Munthe; Lina Sudarwati; Napsiah Napsiah; Asimayanty Siahaan
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 2 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i2.40568

Abstract

This study analyses the vulnerability of girls’ access to formal education in poor female-headed households within the Kalak Pakpak community of Paggan Julu VIII, North Sumatra. Previous studies on educational inequality have generally focused on economic deprivation or gender discrimination separately, rarely explaining how patriarchal cultural structures, religious legitimacy, and poverty interact simultaneously in shaping educational exclusion among girls in indigenous female-headed families. This study uses a qualitative approach and a socio-legal perspective by synthesising Max Weber’s theory of social legitimacy and power relations with Amina Wadud’s Islamic feminist framework to analyse how patriarchal authority is socially reproduced and religiously justified within family and community life. Data were collected through life-story interviews with seven young female dropouts who entered marginalised labour sectors at an early age and were analysed using thematic narrative analysis. The analysis results reveal that the deprivation of girls’ educational rights stems not merely from economic hardship; the intersection of poverty, patriarchal authority, and gender-biased religious interpretations also contributes to such a hurdle. This study conceptualises this condition as “patriarchal poverty,” referring to a socio-cultural mechanism in which economic vulnerability and patriarchal norms mutually reinforce the exclusion of girls from formal education. From Weber’s perspective, unequal educational access reflects socially legitimised domination embedded in family and community structures, while Wadud’s perspecotive demonstrates how patriarchal interpretations of Islamic teachings obscure the Qur’anic principles of justice and gender equality. Consequently, being both economic actors and subjects of gendered exclusion is a burden for girls. Therefore, this study highlights the importance of integrating socio-economic empowerment, gender-sensitive educational policies, and inclusive religious reinterpretation to strengthen girls’ educational rights in marginalised communities. Future research is recommended to explore comparative studies across different indigenous and Muslim communities to examine the broader patterns of patriarchal poverty and educational exclusion. Keywords: Gendered Poverty; Educational Exclusion; Widow-Headed Households; Islamic Feminism; Right to Education
Beyond Family Law: Reconstructing Family Justice through Women’s and Children’s Rights Emi Puasa Handayani; Zainal Arifin; Zico Junius Fernando; Zaid Bin Mohamad; Naufal Ghani Bayhaqi
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 2 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i2.38190

Abstract

This article analyses the nexus between Indonesian family law and the legal protection of women and children within a human rights framework. Although family law regulates marriage, divorce, spousal relations, parental authority, custody, and maintenance, its implementation is often affected by patriarchal norms, regulatory disharmony, and weak protection mechanisms for vulnerable family members. This study employs normative legal research using statutory, conceptual, and case approaches. The statutory analysis examines the Marriage Law, Child Protection Law, Domestic Violence Law, Sexual Violence Crimes Law, and the Compilation of Islamic Law, while the case approach studies the Constitutional Court Decision No. 22/PUU-XV/2017 on the minimum marriage age and Religious Court practice concerning marriage dispensation, post-divorce custody or hadhanah, and domestic violence in marital relations. The article argues that women’s and children’s protection law functions beyond merely as a complementary regime; it serves as a corrective framework for family law when private family relations lead to discrimination, violence, unsafe custody, or child vulnerability. The findings show that Indonesian family law reform should be directed toward regulatory harmonisation, gender-responsive reconstruction of family norms, stricter judicial control over marriage dispensation, child-centred custody standards based on the best interests of the child, and integrated protection mechanisms for victims of domestic and sexual violence. This article contributes to the development of a human rights-based model of family law reform that aligns gender equality, child protection, Religious Court practice, and the protection of vulnerable groups in family justice.
Maqasid al-Shariah and Religious Tolerance: Strengthening Interfaith Harmony in Indonesia's Religious Movements and Cultural Identity Reslawati Reslawati; Ahsanul Khalikin; Suhanah Suhanah; Wakhid Sugiyarto; Marpuah Marpuah
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 2 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i2.36916

Abstract

Religious movements and cultural identities in Indonesia coexist, actively affecting how communities negotiate difference, manage local tensions, and construct shared civic life. This study argues that maqasid al-shariah offers an analytical perspective for examining how Islamic legal-ethical principles are translated into community-based practices of religious moderation. Rather than treating moderation as a general appeal to tolerance, the study refers to maqasid through three interrelated dimensions: hifz al-din as the protection of legitimate religious expression, hifz al-nafs as the prevention of violence and protection of communal security, and hifz al-mal as the safeguarding of property, public space, and shared social resources. Using a qualitative multiple-case study design, this research examines five purposively selected communities in Jakarta, Yogyakarta, and West Nusa Tenggara, chosen for their religious-cultural diversity and active grassroots moderation initiatives. Data were collected through participant observation over three months in each community and document analysis of community records, interfaith activity reports, and statements issued by local religious organisations. The analysis focused on the practices and interactions of religious leaders, local authorities, community organisers, and interfaith actors. Thematic coding was used to identify patterns illustrating religion-culture negotiation, conflict management, cultural accommodation, and the practical application of maqasid principles. The findings show that religious moderation functions not only as a normative ideal but also as a practical mechanism for preventing conflict, mediating disputes over worship spaces and public resources, and strengthening interreligious cooperation. Inclusive dialogue, local wisdom, and collaborative social programmes served as key strategies for reducing polarisation and building mutual trust. By linking maqasid al-shariah to micro-level community practices, this study contributes to studies on religious moderation by moving beyond state-centred and doctrinal discussions toward a grounded analysis of how Islamic legal values are negotiated and enacted in everyday pluralistic settings.

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