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The Neglect of Husband’s Nusyuz in Indonesian Islamic Civil Law: A Doctrinal Analysis of Qur’anic Principles and the Compilation of Islamic Law
No full textThe study aims to examine the concept of husband’s nusyuz within Islamic civil law and to evaluate its absence in the Indonesian Compilation of Islamic Law (KHI). Although the Qur’an, particularly Surah An-Nisa (128), recognizes the possibility of marital disobedience by husbands, the KHI explicitly regulates only the wife’s nusyuz, thereby creating a doctrinal imbalance. Employing a normative juridical method with a doctrinal and analytical approach, this research investigates primary legal sources (the Qur’an and classical fiqh) and positive legal instruments (KHI and related legislation) to identify the normative gap. The findings show that husband’s nusyuz encompasses both material violations, such as the neglect of maintenance and dowry, and non-material violations, including mistreatment, injustice, or abandonment. The omission of husband’s nusyuz in KHI restricts legal remedies available to wives and perpetuates asymmetry in marital rights and obligations. The study concludes that doctrinal reform is required to incorporate explicit provisions on husband’s nusyuz into KHI, thereby harmonizing Indonesian Islamic civil law with Qur’anic principles and the objectives of maqāṣid al-sharī‘ah. Such reform would strengthen legal protection for wives and promote greater gender justice within the framework of Islamic family law in Indonesia
Reconstruction Model of Legal Liability for the Misuse of Artificial Intelligence on Personal Data Privacy in Indonesia
No full textThe increasing integration of Artificial Intelligence (AI) in digital ecosystems has raised new legal challenges regarding data privacy violations. In Indonesia, the normative framework for personal data protection particularly the Personal Data Protection Act (Law No. 27 of 2022) remains inadequate in addressing the autonomous nature of AI systems that process and exploit personal data without direct human intervention. This research aims to reconstruct a legal accountability model for actors who misuse AI in ways that lead to personal data violations. The study employs a normative juridical method using a statutory, conceptual, and comparative approach, referencing the European Union’s GDPR as a benchmark. The findings reveal that Indonesia’s current legal framework lacks clarity in assigning responsibility among key actors, such as developers, data controllers, and platform providers. The absence of provisions concerning algorithmic profiling, training data legality, and automated decision-making weakens the protection of individuals' digital rights. In contrast, international models particularly the GDPR offer a multi-tiered responsibility structure, prohibit fully automated decisions affecting individuals, and impose strict liability for data misuse. This research also demonstrates that adopting principles such as vicarious liability, corporate accountability, and risk-based regulation would fill regulatory gaps and align Indonesian law with international standards. The practical value of this work lies in its proposed model for reconstructing Indonesia’s data protection regime. It introduces legal tools that anticipate the systemic risks of AI while ensuring that legal responsibility is clearly distributed across all entities involved in AI deployment. This framework supports the development of a more responsive and equitable legal system in the era of autonomous technologie
Praktik Adat Kekampi Desa Pagar Agung Muara Enim dan Akibat Hukumnya Menurut Hukum Keluarga Islam
Full text linkThe purpose of the research is to find out the implementation of kekampi customs and a review of Islamic family law on kekampi customs in the village. The method used in this study is field research or qualitative (field research) collecting data directly dealing with the phenomena that occur data, namely by interview and documentation. Data analysis techniques use descriptive analysis by presenting the results of interviews and drawing conclusions deductively. The results of the study obtained are that the practice of the kekampi custom consists of several stages, namely the first is the arrival of the prospective groom, the second is the arrival of the prospective groom with his family, the third is the arrival of the woman's family to the groom's house, the fourth is gathering the family, the fifth is the cooking event and the arrival of residents, the sixth is the marriage contract, the seventh is the reception. And the legal consequences of the agreement between the two parties who carry out the kekampi custom are regarding property, residence, inheritance, and the position of the man. Therefore, Islamic law states that the marriage of kekampi custom is a custom that is not prohibited in Islamic law, but looking at the incompatibility of the legal consequences of kekampi custom, it is not in accordance with Islamic law. For this reason, kekampi custom marriage can be said to be corrupt because kekampi custom is a customary custom in which there are legal consequences in terms of property, inheritance and the position of the man that is not in line with Shari'ah
Enforcement of Post-Divorce Financial Obligations in Indonesian Islamic Family Law: A Case Study of Child Maintenance
Full text linkThis study examines the enforcement of post-divorce financial obligations in Indonesian Islamic family law, with a particular focus on child maintenance. The research aims to analyse how the Religious Courts implement judicial decisions related to child support after divorce and to identify the challenges faced in ensuring compliance. Employing a normative juridical approach complemented by empirical data, the study draws upon statutory provisions, classical fiqh literature, and fieldwork consisting of interviews with judges and court officials in Bengkulu. The findings reveal that although Indonesian legislation and the Compilation of Islamic Law explicitly require fathers to provide child maintenance following divorce, enforcement remains problematic. The main obstacles include the limited legal instruments available to compel execution, the passive role of the courts that rely on the mother's initiative to file for execution, and the low level of legal awareness among litigants. The case analysis of Decision No. 174/Pdt.G/2012/PA Bn illustrates these structural and procedural weaknesses. The study concludes that effective protection of children's rights requires strengthening the execution mechanisms of the Religious Courts, enhancing public legal literacy, and reformulating policies that align with both Islamic legal principles and the demands of contemporary justice
The Development of a Digital Module on the Concept and Application of the Kurikulum Merdeka in Madrasas Based on Problem-Based Learning
No full textThis study aimed to develop and evaluate a digital module entitled Concept and Application of the Kurikulum Merdeka in Madrasas to address the lack of accessible references and limited research on relevant teaching materials. These gaps have contributed to students' perceptions of the Manāhij Ta‘līm al-Lughah al-‘Arabiyah fi al-Madāris course as outdated and impractical. Grounded in the Problem-Based Learning (PBL) approach, the study employed the ADDIE model—Analyze, Design, Develop, Implement, and Evaluate—as its development framework. A total of 110 respondents participated in the needs analysis, 27 in the implementation phase, and 64 in the practicality testing. Data were collected through questionnaires, interviews, observations, documentation, and tests. Expert validation indicated high feasibility, with scores of 96% from subject-matter experts and 90% from media design experts. Student responses also reflected strong acceptance, with a practicality rating of 93.7%, indicating high user satisfaction and ease of use. The module significantly enhanced learning outcomes, as demonstrated by an increase in average scores from 56.89 (pretest) to 87.41 (posttest), with a paired-sample t-test confirming statistical significance, t(26) = -169.56, p < .001. These results suggest that the digital module is both pedagogically robust and practically effective in supporting Arabic language instruction in madrasas within the Kurikulum Merdeka framework
Policy on the Use of Artificial Intelligence in Muhammadiyah Primary and Secondary Educational Institutions
Full text linkThe rapid development of artificial intelligence (AI) in education presents academic challenges for Muhammadiyah educational institutions in balancing learning modernization with Islamic values, teacher readiness, and technological infrastructure limitations. This study aims to analyze AI integration policies in the Ismuba curriculum (Al-Islam, Kemuhammadiyahan, and Bahasa Arab) and identify the challenges and effectiveness of its implementation. The research employs a qualitative descriptive method with a literature review approach to explore policies, challenges, and the impact of AI integration in Muhammadiyah educational institutions. The findings indicate that AI enhances learning effectiveness through personalized content, interactive materials, and more objective academic assessments, thereby supporting students' understanding of Islamic values and Kemuhammadiyahan. However, key challenges include teacher preparedness, disparities in technological access, and the need for regulations to ensure AI is used ethically and aligns with Islamic educational principles. In conclusion, with well-formulated policies and a strategic implementation approach, AI can be a transformative tool that strengthens the Muhammadiyah education system without compromising Islamic values, fostering a generation that intellectually, spiritually, and morally excels
The Impact of Technology Integration in Islamic Religious Education on Students' Learning Motivation in Schools/Madrasahs in Bandung
Full text linkThis study aims to analyse the influence of technology utilisation on students' learning motivation in Islamic Religious Education (IRE) at the Madrasah Ibtidaiyah (MI) or elementary school (SD) level in the City and Regency of Bandung. Although digital transformation in the education sector continues to evolve, empirical studies that specifically highlight IRE learning at the primary level remain limited. This study offers a novel quantitative contribution by focusing on IRE learning at the primary level, an area that remains underexplored in the literature on educational technology integration. The study aims to fill this gap by employing a predictive and explanatory analysis approach using the Structural Equation Modelling–Partial Least Squares (SEM-PLS) method. A quantitative approach was employed, utilising purposive sampling, with 57 IRE teachers serving as respondents. Data were collected through a structured questionnaire and analysed using SmartPLS version 3.2.9. The outer model results show that all indicators meet the criteria for validity and reliability. The inner model reveals that technology utilisation has a significant effect on learning motivation, as indicated by a path coefficient of 0.709 and an R-squared value of 0.503. The Q² value of 0.503 also reflects strong predictive relevance. These findings contribute academically by providing empirical evidence of the positive role of technology integration in enhancing student engagement, fostering positive perceptions of religious content, and supporting consistent participation in the learning process. This suggests that digital technology can serve as a strategic tool in creating more meaningful learning experiences within the context of elementary-level religious education
Fatimah Al-Fihri's Contribution to Islamic Educational Civilization as the Founder of the First University in the World
Full text linkThe lack of studies on female figures means that their contributions to the history of education are rarely highlighted. One important figure who has been forgotten is Fatimah Al-Fihri, a Muslim woman who played a major role in the early development of the world of education. Only a handful of people know that Al-Qarawiyyin University was established before Al-Azhar University and the University of Bologna. Interestingly, its founder was a Muslim woman, Fatimah Al-Fihri. This university later became an important means of spreading Islamic education to Europe. This research was conducted in 2024 to early 2025 and aims to reveal the significant role of Fatimah Al-Fihri in the world of education who succeeded in driving the progress of Islamic educational civilization. The research did not involve individual subjects directly, but instead focused on analyzing the historical figure of Fatimah Al-Fihri as the main object of study. Data were collected through literature studies by reading, reviewing, and examining various literature and documents on the history of Islamic education conducted by researchers at the State Islamic University of North Sumatra (UIN SU), Medan, Indonesia. With a qualitative approach based on literature review, the results of the study show that Fatimah Al-Fihri was a pioneer in establishing the first university in the world, which succeeded in creating innovation in the Islamic education system. She contributed ideas about the concept of education, lecture system, curriculum, academic degrees, and toga and graduation robes. Through Al-Qarawiyyin University, Fatimah also participated in the large-scale distribution of translated books, producing world-class scientists, and providing inspiration for the birth of early universities in Europe
Sunnatullah as a Principle of Divine Order: A Philosophical Analysis and Its Relevance to the Development of Modern Islamic Education
Full text linkThis study aims to analyze sunnatullah as a principle of divine order from a philosophical perspective and examine its relevance to the development of modern Islamic education. The research focuses on understanding the essence of sunnatullah, exploring the views of classical and contemporary Muslim scholars, and identifying its implications for shaping an educational paradigm that is adaptive to contemporary challenges. This research employs a qualitative method with a library research approach, involving an in-depth study of primary and secondary sources such as Qur’anic exegesis, classical Islamic scholarship, and relevant academic works. Data were analyzed using descriptive-analytical and philosophical-critical approaches to reveal the ontological, epistemological, and axiological dimensions of sunnatullah. The findings indicate that sunnatullah encompasses not only the immutable laws governing the universe but also social and historical laws that can be studied and applied. These findings affirm that the principle of divine order serves as a conceptual foundation for developing Islamic education that is integrative, rational, transformative, and responsive to modern challenges
Optimizing AI Technology in Assessing Islamic Financing Risks: A SWOT Analysis of Challenges and Opportunities from an Islamic Legal Perspective (Fiqh)
Full text linkThis study aims to analyze the implementation of AI in Islamic financial risk assessment using a SWOT approach. The primary objective is to evaluate how AI can be integrated to enhance risk assessment effectiveness while ensuring compliance with Islamic legal principles (Fiqh), particularly the prohibition of Riba, the avoidance of Gharar, and the promotion of ethical transparency. A qualitative methodology with a descriptive analytical approach is employed in this research. Data sources include scholarly literature, regulatory policies, industry reports, and case studies related to AI adoption in Islamic finance. The analysis utilizes the IFAS and EFAS to assess internal and external factors influencing AI adoption. Additionally, an Islamic legal analysis is conducted to ensure that AI implementation aligns with Shariah principles. The findings reveal that AI has significant potential to enhance efficiency and innovation in Islamic finance. However, challenges such as infrastructure limitations and a lack of technological literacy pose obstacles to its implementation. From an external perspective, opportunities for financial inclusion and strategic technological partnerships are expanding, yet concerns regarding data security and regulatory uncertainties remain prevalent. From an Islamic legal standpoint, this study underscores the importance of developing an AI framework that adheres to Shariah principles. The adoption of AI in Islamic finance must follow a balanced approach by leveraging external opportunities, addressing internal challenges, and ensuring compliance with ethical and legal standards. This study offers strategic insights into AI integration within Islamic finance, contributing to its sustainability and global competitiveness