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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 246 Documents
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Polemic of Halal Industry Trends in Idonesia: Between Legalization and Profanation in The Perspective of Maslahah Mursalah Munawiroh, Afifatul
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.v15i2.23725

Abstract

This paper is based on library research or literature studies. The theme taken in this study is the Halal Industry in Indonesia. This research focuses on digging in depth regarding the ongoing polemic regarding the halal industry after the legalization of halal product guarantees contained Peraturan Pemerintah No. 39 Tahun 2021 Tentang Penyelenggaraan Bidang Jaminan Produk Halal. Even though it has been ratified, the reality in society still often arises debate regarding the urgency of enacting these regulations. The emphasized study includes whether the urgency of guaranteeing halal products is due to community initiatives, government interests, or simply wanting to match trends in other countries. There are two important questions in this research. First, what is the urgency of having halal products in Indonesia? Second, what is the polemic map of the application of the Halal Product Guarantee Law in Indonesia? With a juridical state approach to explain the reasons that require the existence of a halal product industry and the pros and cons of implementing halal product guarantees in Indonesia. The results in this study are that the ratification of regulations related to halal product guarantees has had an impact on the diversity of people in Indonesia. The existence of pros and cons after mandatory halal certification is the reason that the implementation of the halal industry in Indonesia still favors one group, has not provided aspects of benefit to all Indonesian citizens.
Monogamy As The Substance of Pre-Nuptial Agreement: A Cross-Mazhab Comparative Study Adib, Ahmad Hidhir; Ahmad, Moch Said
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.v15i2.22270

Abstract

Polygamy is one of the factors causing divorce. To overcome this, the concept of a pre-nuptial agreement can be applied as proposed by Sayyidah Sukainah towards her husband. This study aims to answer the legality of monogamy requirements proposed by the bride. The research method used in this research is literature study with a mazhab (school of thought) comparative approach. The author will compare the views of 5 mazhab; Hanafi, Maliki, Shafi'i, Hambali and Dzahiri.The results of this study indicate that if a woman who adheres to the mazhab of Syafi'i or Maliki does not want her husband to be polygamous, then make a nazar (vow) to her husband. Meanwhile, if she belongs to the Hambali, the scholars legalize this monogamy requirement, even if it has become a tradition in the woman's region, then the condition is automatically binding. Whereas in the Hanafi mazhab, these conditions are not binding, but have an impact on the type of Mahar (dower). So in case of the husband does not meet these requirements, then the wife is entitled to a mahar mitsil dowry of mahar mitsil (determined dower). Whereas in the Dzahiri mazhab, these conditions are not binding, even in case they appear in the contract, it results in the cancellation of the marriage.
The Influence of Fatwas Regarding Illegitimate Children at The Courts in Indonesia Mustafa, Ahsin Dinal; Fakhruddin, Fakhruddin; Roibin, Roibin
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.v15i2.25015

Abstract

One of the complex and important issues in the context of Islamic family law is the phenomenon of illegitimate children. Among the institutions recognized by society as providing solutions through fatwas (decision) are the Indonesian Islamic Scholars Council (MUI), Nahdlatul Ulama (NU), and Muhammadiyah. This paper aims to explore and analyze this issue in more depth, presenting a perspective that includes aspects of law and society that are manifest in a fatwa, as well as summarizing the significance of the fatwa for decisions in court. This paper uses a qualitative normative approach in the form of library research and analysis of documents in the form of fatwas and decisions that quote fatwas as ratio decidendi. Several decisions use this fatwa as a source of material law because there is no explanation regarding the civil rights given to illegitimate children from their biological fathers in the Constitutional Court decisions or other regulations. In several decisions, fatwas are used by judges in the ratio decidendi decisions in Indonesia. However, the result is that there is disparity in decisions due to differences in the judges' interpretation of the fatwa they use.
Critical Thinking on the Limitation of Political Functions in Indonesia Umam, Muhamad Khoerul
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.v15i2.24672

Abstract

Ministers or other officials who concurrently hold public and political functions have become a central issue in constitutional studies. Excessive power will make people have the potential to cause abuse of power. This research has a specific objective to analyze and examine the arrangements regarding the limitation of political functions. Methodologically, this research is normative legal research or library research using statutory and conceptual approaches. Data and information obtained through library materials, such as books, journals, and laws and regulations related to research issues. In this research, it is found that some commissioners and directors of state companies or private companies and even ministers or state ministries are involved in concurrent functions that have the potential for abuse of power, and are contrary to Law Number 25 of 2009 concerning Public Services, Law Number 19 of 2003 concerning BUMN, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This article is a critique of officials who are involved in concurrent functions as well as providing alternative strengthening in the limitation of functions.
Pathet Gunem Tradition in Javanese Wedding from the Perspective of Islamic Law Fadilah, Nur; Ismayawati, Any
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.v15i2.29449

Abstract

In Javanese society, there are several traditions that initiate the marriage process. One of them is the Pathet Gunem tradition carried out by the people of Banowan Village. This research aims to find out how the Pathet Gunem tradition proceeds, what the goals of the Pathet Gunem tradition are and how the Islamic legal perspective views the Pathet Gunem tradition. The research uses a qualitative approach, the data sources used in the research are primary data and secondary data. Primary data was obtained from interviews with various informants, while secondary data was in the form of al-qur’an, of laws and articles. The research results show that Pathet Gunem is the final result of deciding on a word, usually done a month or several months before the wedding. Pathet Gunem is a deliberation between the parents of the man and woman to discuss wedding preparations, with the aim of getting clarity on the day, date, time, place and other things related to the wedding day event. The aim and benefits for both families are to avoid misunderstandings between the two parties and for the two families to get to know each other. From an Islamic legal perspective, the Pathet Gunem tradition does not require a marriage to be valid. Pathet Gunem is a Javanese wedding tradition, not the main requirement for marriage.
The Effectiveness of Legal Aid Implementation under PERMA No. 1 of 2014 in Religious Courts: A Policy Analysis Using Van Metter and Van Horn’s Framework
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.v16i1.33344

Abstract

This study aims to analyze the implementation of Supreme Court Regulation (PERMA) Number 1 of 2014 on Legal Aid Posts (Posbakum) in Religious Courts, using an empirical juridical research design and a regulatory-statutory approach. Primary data were collected through observations and interviews with judges, Posbakum officers, and the community as service recipients at the Palu Religious Court. The results of the study indicate that the implementation of Posbakum services at the Palu Religious Court has been running in accordance with PERMA provisions, marked by an increase in the number of legal aid service recipients. Through an analysis of the policy implementation model by Van Metter and Van Horn, it was found that successful implementation was supported by clear standards and targets, structured cooperation agreements, community support, and positive attitudes of implementers. However, there are still obstacles on the limited budgets and inadequate service room facilities, affecting the effectiveness of providing legal aid to the community
Regulating Polygamy in Indonesia and Egypt Toward Greater Protection of Women
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.v16i2.27693

Abstract

This study examines the regulation of polygamy in Indonesia-Egypt and examines the extent to which these legal frameworks align with the protection of women within contemporary Islamic family law. The issue addressed arises from the persistent vulnerability of women in polygamous marriages, who are often exposed to economic insecurity, limited legal protection, psychological distress, and social marginalization. This study employs a normative legal research method using statutory, comparative, and conceptual approaches. Legal materials are analyzed through a qualitative normative analysis of marriage laws, judicial mechanisms, and Islamic legal doctrines governing polygamy in both countries. The findings indicate that the alignment of polygamy regulations toward women’s protection can be assessed through three main dimensions: economic protection, certainty of justice, and state recognition. Indonesia adopts a preventive–administrative model by requiring court permission, proof of economic capability, and the consent of the wife prior to polygamy. In contrast, Egypt applies a remedial judicial model by allowing polygamy with fewer preconditions while providing post-marital legal remedies, particularly the right of wives to seek divorce on the grounds of harm. However, both systems remain limited in delivering substantive protection for women, as legal safeguards tend to emphasize formal compliance rather than addressing psychological and social harms. This research implies the need for polygamy law reform that moves beyond procedural legality toward substantive gender justice grounded in maqāṣid al-sharī‘ah. The originality of this study lies in its integrated comparative analysis of normative, procedural, and protective dimensions of polygamy law in two Muslim-majority legal systems.
The Dilemma Between Islamic Law And Local Tradition: A Critical Analysis of Consanguineous Marriage Practices (Rampanan Kapa’) In The Tana Toraja Community
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.v16i1.28039

Abstract

This study explores the complex relationship between Islamic law and local tradition through a critical analysis of consanguineous marriage practices, specifically Rampanan Kapa’ Sule Langngan Banua, in the Tana Toraja community. While this tradition is deeply embedded in the region's cultural identity and serves to preserve kinship ties and inheritance structures, it raises significant concerns within the framework of Islamic legal norms, particularly those related to mahram relationships. Using a qualitative case study approach, the research collected data through in-depth interviews with Muslim community members, traditional leaders, and religious scholars in Tana Toraja. The findings reveal a deep-rooted tension between cultural continuity and religious compliance, as some community members advocate for the tradition’s preservation, while others call for its reformation in line with Islamic principles. The study argues that the practice, although normative within customary law, contravenes the prohibitions outlined in Islamic jurisprudence and the Compilation of Islamic Law (KHI). Rather than acting as religious authorities (mufti or mufassir), this research adopts a socio-legal lens to assess the implications of consanguineous marriage in a multicultural and multi-religious setting. The study contributes to the discourse on legal pluralism and offers specific recommendations, including the integration of customary marriage education into local religious counseling programs, legal awareness campaigns for community leaders, and the formulation of local regulations (Perda) that respect cultural values while upholding Islamic legal principles.
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.

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