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Towards Legal Justice: Expanding Criteria for Obligatory Bequests in Unregistered Wives in Polygamous Marriages
Full text linkDecision Number 183/Pdt.G/2023/PA.Mbl and Number 547/Pdt.G/2023/PA.Utj has paved the way for expanding the implementation of obligatory bequest by granting the inheritance to the unregistered wife in a polygamous marriage. Stepchildren, non-Muslim heirs, and biological children born outside of a registered marriage are forms of expansion of the obligatory bequest regulated in the nomenclature of jurisprudence or the Circular of the Supreme Court (SEMA). This article is qualitative, with a normative and empirical juridical approach to finding legal justice through the path of maqāṣid al-sharī'a. The results of the study show that judges, to realize legal justice, have expanded the implementation of the obligatory bequest by granting the heir's property to the unregistered wife of a polygamous marriage. The researcher offers five criteria for granting an obligatory bequest to the unregistered wife. First, the unregistered polygamous marriage is known to the legally registered wife. Second, the rights and obligations between husband and wife have been implemented. Third, the time of obtaining the inherited property. Fourth, the maximum limit for obtaining inheritance property does not exceed the registered wife's share. Fifth, the psychological factor between husband and wife has been well established
Judicial Invalidation of Ithbāt Nikāḥ Underage in the View of Religious Court Judges in Madura
Full text linkUnderage ithbāt nikāḥ creates a legal loophole in Indonesia's Islamic marriage system. Child marriages that should require a dispensation are often legalized through ithbāt nikāḥ without such approval. This practice is prevalent in the Religious Courts of Madura, where most judges tend to grant petitions despite recognizing its contradiction with efforts to prevent child marriage. This study adopts a juridical-sociological approach through case analysis and in-depth interviews with judges. The findings show that rejection of underage ithbāt nikāḥ is rare, as judges prioritize protecting children's civil rights, such as birth certificates and legal family status. However, this generates a dilemma: granting applications risks legitimizing child marriage, while rejecting them may be seen as denying legal certainty for the community. As a middle path, some judges suggest alternatives, including recognition of children born out of wedlock, determination of child origin, and civil registration without marriage certificates. The study highlights the urgent need for clear legal guidelines to prevent misuse of ithbāt nikāḥ while ensuring child protection
The Role of Law in the Implementation of Islamic Social Reporting: A Case Study of Islamic Banking in Asia
Full text linkThis study aims to analyze the influence of government regulation on the implementation of Islamic Social Reporting (ISR) in Islamic banking across five countries: Indonesia, Malaysia, Kuwait, the United Arab Emirates, and Bahrain. ISR is a form of sustainability reporting based on Sharia principles, covering six main dimensions: responsibility to fund providers, employees, society, the environment, products, and compliance with regulations. This study employs a qualitative approach using content analysis of annual and sustainability reports of Islamic banks from 2014 to 2023. The findings show that regulations such as POJK No. 51/2017 in Indonesia, the Islamic Financial Services Act (IFSA) 2013 and ESG Guidelines in Malaysia, sustainability policies from the Central Bank of Kuwait, the Securities and Commodities Authority (SCA) guidelines in the United Arab Emirates, and reporting standards from the Central Bank of Bahrain have contributed to improvements in ISR practices, both in terms of formal compliance and the substance of the content. However, most reporting remains administrative in nature and does not fully reflect the values of maqāṣid al-sharī’a. Therefore, this study recommends strengthening regulations that not only mandate reporting but also emphasize quality, depth, and the integration of Islamic values into sustainability practices in Islamic banking to achieve meaningful social and environmental
Islamic Law Analysis of the Prosecutor's Authority in Asset Forfeiture from Corruption
Full text linkEfforts to recover assets resulting from corruption remain hindered by legal loopholes and concealment strategies, especially when offenders register illicit assets under the names of third parties. This study explores how prosecutors perceive the legitimacy of such assets and their views on the necessity of reforming Indonesia’s asset forfeiture framework. Using a qualitative empirical design, the research is based on semi-structured interviews with four prosecutors who have handled corruption cases involving complex asset ownership. The findings reveal that prosecutors consistently view these assets as materially and morally illegitimate, even if formally registered under others' names. They also support introducing a non-conviction-based asset forfeiture (NCBAF) model to overcome the limitations of conviction-dependent mechanisms, especially in cases where suspects die or flee. Islamic legal principles, such as the ḥifẓ al-māl (preservation of wealth) and taʿzīr bi al-māl or discretionary penalties targeting unlawfully acquired assets, offer a moral and doctrinal basis for such reforms. These insights contribute to ongoing legal debates and support the development of a more effective and ethically grounded policy for asset recovery in corruption cases
Islamic Legal Policy on Ultra-Micro Enterprise Financing and Its Implementation from the Perspective of Maqāṣid al-Sharī‘a
Full text linkUntil the mid-19th century, the Dutch colonialism (the Western world) began to intervene in the indigenous legal systems of Indonesia. The current situation marks the beginning of a decline in the civilization of Muslims, particularly in Indonesia. This development raises concerns about the future of Indonesian society as a whole. This decline permeated various aspects of life, including the field of mu’āmala law, which began to adopt usury-based concepts. This research aims to reconstruct the Islamic legal policy on Ultra-Micro (UMi) Financing as practiced by the Indonesian government, which still contains elements of usury (ribā) in its implementation. This study employs a qualitative approach using empirical-socio-legal research methods involving an analysis of UMi Financing contracts, interviews with stakeholders, and direct observations in Surakarta. The analysis is grounded in the theory of maqāṣid al-sharī’a, including the principles of ribā as outlined in classical Islamic jurisprudence (turāth). The findings reveal a research gap that the current legal policy on Sharia ultra-micro financing implemented by the government had ribā, which is found in classical Islamic texts
Legal and Accounting Review of Sharia Fintech Financial Reports on Official Websites
Full text linkTransparency and accountability based on Sharia provisions are demands in presenting financial reports on Sharia fintech platforms. Based on the principle of taṣarruf al-imām ʿalā al-raʿiyya manūṭ bi al-maṣlaḥa, the Financial Services Authority (OJK) is responsible for ensuring that Sharia fintech financial reports are made by these rules. This article aims to analyze the presentation of financial reports on Sharia fintech platforms, evaluate compliance with OJK provisions, and examine the application of PSAK 101 in reporting practices. PSAK 101, concerning the presentation of Sharia financial reports, has not been adopted by OJK, resulting in inconsistencies in reporting. This study analyzes four Sharia fintech platforms (Alami, Danasyariah, Qazwa, and Ethis) using a normative approach with annual financial report data sources. The results of the analysis show that three platforms have complied with their obligations, but there are variations in the application of PSAK 101. Only Qazwa presents a more comprehensive report. In addition, no platform discloses the temporary partnership fund and social fund required by PSAK 101. This study recommends that OJK reconstruct the law by adopting PSAK 101, preparing detailed temporary partnership funds and social funds guidelines, and strengthening supervision to ensure full accountability in the Sharia fintech sector
Contestation of Islamic Law on Traditional Sharecropping in Rural West Java, Indonesia
Full text linkThis study examines the contested legal status of traditional sharecropping contracts among Islamic scholars and religious leaders in rural West Java, Indonesia. The primary objective is to analyze how Islamic law governs these contracts both normatively and in practice and how relevant regulations function within the local context. Employing an empirical legal approach, the research relies on direct observation and analysis of legal behavior in society. Findings indicate that the rising value of land and labor has turned traditional sharecropping arrangements into symbols of economic inequality. Ideologically, the legitimacy of such contracts is debated among village groups with varying socio-religious orientations. This contestation reflects an ongoing process of rural Islamization and highlights emerging pragmatism. The increasing accessibility of global information via the internet enables rural communities to reinterpret Islamic legal norms and agricultural practices, illustrating their adaptive responses to socioeconomic change and technological advancement
The Evolution of Islamic Philanthropy in Indonesia’s Digital Age (2016–2023)
Full text linkZakat management institutions have changed the method of collecting Islamic philanthropic funds (zakāt, infāq, ṣadaqah [ZIS]) from conventional to digital by utilizing digital platforms. This article aims to describe the transformation by the National Board of Zakat Republic of Indonesia (BAZNAS RI) and the views of scholars regarding the expansion of the meaning of mustaḥiq in the Indonesian context. This research is a normative-empirical legal research with primary data from interviews and secondary data referring to the BAZNAS RI annual report for 2016-2025. After being collected, the data was analyzed using interpretation and description techniques. The results of this study indicate that digital ZIS collection has increased with an average growth of 32%, and its distribution has increased by an average of 30% per year from 2016 to 2023. Digital ZIS management has also had an impact on the expansion of the meaning of the five mustaḥiq groups in Indonesia, namely mu'allaf, riqāb, ghārimīn, sabīlillā, and ibn sabīl. Digital ZIS management needs to be socialized massively in the community. In addition, there needs to be a review of the effectiveness of digital-based productive zakat management for the following years. Likewise, extensive research on the meaning of mustaḥiq and zakat objects that have changed
Halal Product Assurance as Legal Protection for Muslim Consumers in Indonesia
Full text linkThis research is motivated by the still-weak legal protection for Muslim consumers in Indonesia concerning the circulation of products without clear halal certification, despite existing regulations such as Law Number 33 of 2014 on Halal Product Assurance. This study aims to analyze the implementation of halal product assurance and its effectiveness in providing legal protection for consumers and formulate strategies for strengthening the existing regulatory framework. This research uses a normative juridical method combined with an empirical approach through field interviews with business actors, relevant authorities, and consumers to obtain firsthand data. The findings indicate that while the legal framework is adequate, its implementation faces several challenges, including limited infrastructure, a lack of understanding among micro, small, and medium enterprises (MSMEs), and weak law enforcement. Based on these findings, the study recommends strengthening the sanctions stipulated in Article 56 of the Halal Product Assurance Law, increasing the capacity of halal inspection and auditing institutions, and enhancing inter-agency collaboration to ensure that all circulated products are halal-certified, thereby providing stronger legal protection for Muslim consumers
The Transformation of Land Law in Indonesia: From Commodification to Maqāṣid and Social Justice
Full text linkThis article examines the transformation of Indonesian land law from the paradigm of fundamental justice embodied in the 1960 Basic Agrarian Law (UUPA) to a market-oriented framework shaped by the Omnibus Law on Job Creation and decentralization policies. This shift generates tensions between constitutional mandates, Pancasila values, customary law, and politico-economic interests that often marginalize structural justice. The study aims to analyze how these foundational values interact with Islamic legal philosophy through the maqāṣid approach to construct a more equitable and sustainable agrarian system. Employing a qualitative normative legal method combined with interpretive and comparative analysis, the research finds that a dialogical integration of UUPA principles, maqāṣid, and the social function of land can generate an alternative paradigm of land governance. The novelty lies in proposing a model emphasizing tawāzun (balance), ecological protection, and social equality. Theoretically, the article enriches global law-and-development discourse, while practically providing normative grounds for reconstructing agrarian policy toward justice and sustainability