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YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Published by Sekolah Tinggi Agama Islam Negeri Kudus
ISSN : 19077262     EISSN : 24775339     DOI : 10.21043/yudisia
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Artikel yang diterima dan diterbitkan dalam Jurnal YUDISIA harus masuk dalam lingkup keilmuan bidang hukum dan hukum Islam. Bidang hukum mencakup (tapi tidak terbatas pada bidang) : hukum materiil dan formil, tinjauan hukum dari aspek politik, sosial, ekonomi, antropologi, psikologi. Bidang hukum Islam mencakup (tapi tidak terbatas pada bidang) : fiqh, ushul fiqh, masail fiqhiyyah serta masalah fiqh kontemporer.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 183 Documents
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Integration of Islamic Law and Customary Law: The Kaboro Co'i Tradition in the Pre-Marital Practices of the Bima Community
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 2 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i2.34682

Abstract

This study examines the Kaboro Co’i tradition practiced in the pre-marital ceremonies of the Bima (Dou Mbojo) community by analyzing its normative foundation and socio-cultural functions within the framework of maslahah (benefit) and Maqasid al-Shari‘ah (objectives of Islamic law) in Islamic Family Law. Employing a qualitative normative–empirical method, the research integrates textual analysis of Islamic legal sources with three months of fieldwork (June–August 2024) in Ntobo Village involving observations and semi-structured interviews with adat (customary) leaders, religious figures, community elders, and youth participants. The findings show that Kaboro Co’i, which encompasses ritual stages such as Panati, Nuntu Co’i, Mbolo Keluarga, Kalondo Fare, Wa’a Co’i, Zikir Labo Peta Kapanca, Lafa, and Walimah, embodies strong social values, including mutual assistance, deliberation, kinship maintenance, and togetherness. Traditional and community leaders view the tradition as culturally obligatory and religiously compatible, aligning with Maqasid al-Shari‘ah, particularly hifz al-din (protection of religion) and hifz al-nasl (protection of lineage). Normatively, it qualifies as ‘urf ṣaḥīḥ (valid custom) and substantively represents maslahah ḥājiyyah (complementary benefit) that supports family welfare, social harmony, and economic solidarity. Thus, Kaboro Co’i constitutes a form of living Islamic family law that harmonizes local wisdom with Islamic principles and remains socially relevant if it continues to promote communal welfare without creating socioeconomic burdens.
Review of Islamic Law on Religious Moderation of Tariqah Syadziliyah Students in Putatsari Village, Grobogan Regency, Central Java
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 15, No 2 (2024): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v15i2.30671

Abstract

This research aims to explore and explain the practice of religious moderation of Syadziliyah Tariqah students in Putatsari Village, Grobogan Regency, Central Java, the obstacles and solutions taken in improving moderate attitudes among Syadziliyah Tariqah santri, which are then analyzed with an Islamic legal approach. According to the characteristics of the problem studied, the writing of this article is included in the type of field research with a qualitative approach of a sociological nature. The data sources used are primary data and secondary data. Primary data is obtained from in-depth interviews with Syadziliyah Tariqah students and Mursyid, while secondary data is in the form of a literature study. After the data is obtained, it is then analyzed using descriptive analysis techniques. The results showed that the weak knowledge of religious sciences among Syadziliyah Tariqah students gave birth to a less moderate attitude in the appreciation of Tariqah and Sufism due to the many Tariqahs adopted with different qibla of Tariqah murshid so that it becomes an obstacle in itself. The solution in overcoming these obstacles is that the students should have only one murshid and should not branch out. Furthermore, the students before their allegiance are given knowledge and understanding of the essence of the purpose of Tariqah so that they have an inclusive attitude in becoming a salik.
The Pocong Oath as a Socio-Legal Mechanism of Conflict Resolution among Madurese Muslims
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 2 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i2.33650

Abstract

This study explores the function of the pocong oath within the Madurese Muslim community through a socio-legal approach, focusing on its legal validity and its capacity to contain social conflict. Data were collected through semi-structured interviews with six informants—religious leaders, oath practitioners, and community members—in Singosari District, Malang Regency. Using thematic coding, the analysis examined the social meanings, legitimacy, and effectiveness of the practice. The findings show that the pocong oath serves as an informal dispute resolution mechanism when formal legal avenues reach a deadlock, particularly in cases of accusations lacking strong evidence, such as witchcraft, theft, or adultery. Socio-culturally, the oath carries moral and symbolic weight that helps defuse potential conflicts and preserves both individual honor and community cohesion. These results demonstrate that legal practice is shaped not only by codified norms but also by cultural, religious, and local values. The study contributes to the discourse on legal pluralism and advances understanding of tradition-based justice mechanisms in Islamic law and conflict resolution
Interfaith Marriage in Salatiga (Indonesia) and Yala (Thailand): Legal Constraints, Social Realities and Human Rights Implications
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 1 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i1.30816

Abstract

Salatiga City in Indonesia and Yala Province in Thailand are known for their multicultural and multireligious people. Both show complex social dynamics in dealing with religious issues, including the practice of interfaith marriage. This study aims to: (1) describe the practice of interfaith marriage in Salatiga and Yala; (2) analyze the differences and similarities in the perspectives of Islamic law and state law in both regions on interfaith marriage; and (3) examine the responses of human rights activists to this phenomenon in their respective social and cultural contexts. The method used is qualitative research with a juridical-empirical approach and legal comparison. Primary data was obtained through interviews with Islamic religious leaders, human rights activists, and representatives of Non-Governmental Organizations (NGOs) in Salatiga and Yala. In Salatiga, the practice of interfaith marriage is generally facilitated by NGOs such as Percik who provide assistance and education to couples. In Yala, which is Thailand's Muslim-majority region, interfaith marriages also occur albeit in a more closed social sphere, and are more influenced by conservative Islamic norms and a dualistic legal system between state law and local Islamic law (Sharia). Responses from human rights activists in both regions have also varied. Most of them say that individual freedom in choosing a life partner is part of the human rights that the state should guarantee. This research confirms that interfaith marriage is not only a legal issue, but also a reflection of identity dynamics, pluralism, and the tension between individual rights and collective norms in multicultural societies.
The Singlehood Lifestyle (‘Uzubah): A Socio-Legal Analysis within the Framework of Fiqh al-Munakahat
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 2 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i2.30736

Abstract

This study examines the phenomenon of the singlehood lifestyle (‘uzubah) in Arsopura Village, Skanto District, Keerom Regency, and evaluates it through the lens of Fiqh al-Munakahat (Islamic jurisprudence on marriage). Although marriage is strongly encouraged in Islamic law as a means of preserving lineage, maintaining social stability, and fulfilling the Maqāṣid al-Sharī‘ah (objectives of Islamic law), a number of residents in Arsopura both men and women choose to remain unmarried into advanced adulthood. Using a qualitative field research design with phenomenological and sociological approaches, data were collected through in-depth interviews, direct observation, and documentation. The analysis reveals that the choice to remain single is predominantly influenced by psychosocial factors such as the comfort of living independently, fear of marital responsibility, distrust arising from negative relational experiences, and economic considerations, reinforced by limited social interaction and weak family influence. These factors although valid from a sociological standpoint do not constitute legitimate ‘udhr shar‘ī (acceptable reason) within the framework of Islamic jurisprudence. From the perspective of Fiqh al-Munakahat and Maqāṣid al-Sharī‘ah, the practice of permanent singlehood in Arsopura contradicts the normative purpose of marriage, especially ḥifẓ al-nasl (the preservation of lineage) and the maintenance of religious and social order. The study concludes that while singlehood may be understood as a personal preference shaped by contemporary social pressures, it does not align with Islamic legal principles. This research underscores the need for community-based religious education, marriage counseling, and socio-religious engagement to harmonize personal autonomy with Islamic marital norms.
Tracing The Practice and The Impact of Divorce: Exploring Issues From Ponorogo District
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 1 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i1.28368

Abstract

The large number of divorce cases that occur in Indonesia is a problem that must be resolved and addressed as soon as possible, so that the issue of divorce does not continue to occur because it has various negative impacts, especially for children and families. Although there are many studies on divorce in Indonesia in general, there are still few studies that specifically examine the causes and impacts of divorce in the Ponorogo Regency area. This study aims to analyze the causes as well as the impact of divorce practices that occur in the Ponorogo Regency Religious Court. The type of research used is descriptive qualitative with data collection techniques of observation, interview, and documentation. The data analysis technique uses data collection, data condensation, data presentation, and conclusion drawing. In data validity, researchers use source triangulation. The results showed that family divorces that occurred in Ponorogo Regency were caused by various things; first, the economy, the husband's lack of income and the wife's inability to manage family finances. Second, infidelity. Third, arranged marriages due to the absence of love from one of the parties, and fourth, polygamy carried out under the wrong conditions. Family divorce has positive and negative impacts on various parties such as the perpetrator, children, family environment and society. 
Reinterpreting Husband's Obligations in the Tabligh Jama'ah Pontianak: Analytical Study of Article 80 Compilation of Islamic Law
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 2 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i2.33886

Abstract

The study aims to determine how the Jama’ah Tabligh Pontianak (Pontianak’s Tabligh/ da’wah congregation) interprets the obligations of husbands in Article 80 of the KHI (Compilation of Islamic Law) and how this interpretation may differ from the normative legal perspective. According to the Pontianak Tabligh congregation, as a husband, the obligation to provide religious education to his wife is more important than other obligations, even though the Marriage Law and the Compilation of Islamic Law do not state this. This is classified as normative research with a legal and theoretical approach. Data was obtained through in-depth interviews. Informants were determined through purposive sampling. The results of the study show that the Pontianak Tabligh congregation's interpretation of a husband's obligations emphasises the spiritual and cognitive dimensions of a husband's responsibilities. This perspective shows a shift in the meaning of obligations from material aspects to moral-transcendental aspects. The interpretation is based on the principle that every Muslim has an obligation to seek religious knowledge and the understanding that a wife is the first school for her children. The Pontianak Tabligh congregation establishes a hierarchy of the obligations for husbands, ranking the obligation to provide religious education first and permanently. Normatively, this view needs to be aligned with the principles of positive law to avoid biased interpretations of the law, because in responsive legal theory, a rule must be responsive to social dynamics. This study provides a new perspective on the obligations of husbands and offers input for religious institutions and the government on how to respond to the dynamics of legal understanding in society, especially in the field of Islamic marriage law.
Reinterpreting Gender Justice in Islamic Inheritance Law: A Critical Analysis of The Compilation of Islamic Law
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 2 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i2.26359

Abstract

This article examines gender justice in Islamic inheritance law through a critical analysis of the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) in response to contemporary socio-economic changes. The Qur’anic inheritance ratio of two-to-one between male and female heirs has long generated debate, particularly in relation to modern claims of gender equality. This study argues that Islamic inheritance law conceptualizes justice as proportional and responsibility based rather than strictly numerical equality, and therefore must be understood within its normative and social framework. Using a normative juridical method with a qualitative approach, this article analyzes primary legal sources, including the Qur’an, classical fiqh, and the KHI, alongside contemporary scholarship on gender justice and Maqāṣid al-Sharīʿah. The findings reveal that classical inheritance norms were historically grounded in the assumption of men as primary economic providers an assumption increasingly challenged by the growing economic participation of women in Indonesian Muslim society. The article further demonstrates that the KHI operates as a form of contextual ijtihād by accommodating gender responsive mechanisms such as consensual inheritance agreements and substitute heirs, without departing from Islamic legal principles. This study contributes to Islamic family law discourse by bridging normative doctrine and socio-legal realities, offering a contextual framework for realizing substantive gender justice while preserving the foundational objectives of Sharīʿa.
Islamic Law And Environmental Sustainability: Ri'ayah Al-Bi'ah's Analysis of Fast-Fashion Culture In Indonesia
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 1 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i1.23061

Abstract

Environmental pollution caused by the fast-fashion industry is an irrefutable fact. The fashion market in Indonesia is contributing to the waste generated by clothing production. Meanwhile, the majority of studies related to clothing from the perspective of Islamic law only focus on the issues of aurat, halal, and haram, and mostly ignore the environmental aspects. This article aims to analyze the fast-fashion phenomenon in Indonesia, from the production process to post-consumer, using the ri'ayah al-bi'ah framework. This research uses a qualitative method by collecting data from literature related to fast-fashion, production waste, and the principle of ri'ayah al-bi'ah. The results of this study show that, in Islam, preserving nature and the environment is an obligation that comes from sharia. Consumers of clothing, manufacturers in the fast-fashion production chain, and the government have important roles in protecting the environment. The study identifies two models of preserving nature based on the concept of ri'ayah al-bi'ah: preserving from the positive aspect (sustainability and preservation) and the negative aspect (preventing damage and destruction). This article finds that fashion production-consumer practices are not yet in accordance with the principles of environmental preservation taught by Islam. The implication of this study is the need for active roles from consumers, producers, and the government in protecting nature, especially in the context of the fast-fashion market in Indonesia. The results of this study offer insight into the obligation to protect the environment in Islam and how to implement it in the context of the production and consumption of fast-fashion clothing.
Harmonization of Human Rights Principles and Maqasid Syari'ah in The Issue of Interreligious Marriages
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 16, No 2 (2025): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v16i2.26903

Abstract

This research examines the issue of interreligious marriage in Indonesia through the perspective of Human Rights (HAM) principles and Maqasid al-Shari‘ah (objectives of Islamic law). Although the practice of interreligious marriage continues to increase, its legal certainty remains unclear, leading to theological, social, and administrative problems. Human Rights guarantee freedom of religion and the right to marry, but their implementation in Indonesia must be aligned with the Marriage Law, religious norms, and the values of Pancasila (ideology). This research employs a literature review with content analysis and positions Maqasid al-Shari‘ah as an analytical framework to assess the maṣlaḥah (benefit) and mafsadah (disadvantage) of interreligious marriage based on the al-ḍarūriyyāt al-khams (five essential objectives of Islamic law). The findings show that restrictions on interreligious marriage are not a form of human rights violation but rather a mechanism to protect religious identity, family stability, the legal status of children, and the social order. The study concludes that Human Rights and Maqasid al-Shari‘ah share an orientational meeting point: the protection of human dignity and the promotion of public welfare. Therefore, harmonization can be achieved through a proportional legal approach, protection of vulnerable parties, and a legal interpretation responsive to Indonesia’s socio-religious context.

Page 18 of 19 | Total Record : 183

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