Nurani: Jurnal Kajian Syari'ah dan Masyarakat
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Reimagining the Legal Framework for Interfaith Marriage in Indonesia: A Path Toward Inclusive Matrimonial Recognition
Full text linkIndonesian marriage law does not explicitly regulate the legal status of interfaith marriages, resulting in legal uncertainty and varied judicial interpretations. This lack of clarity has prompted differing court decisions regarding such unions. Ideally, the judiciary should offer clear legal guidance on matters of public concern. Consequently, there is a pressing need for a well-defined legal framework to address the status of interfaith marriages in Indonesia. This study seeks to identify a normative resolution to this legal ambiguity. Employing normative legal research with a statutory approach, the study relies on data collected through a comprehensive literature review of books, relevant laws, and previous scholarly works, which are then analyzed descriptively. The findings reveal that Supreme Court Circular Letter (SEMA) No. 2 of 2023, which provides judicial guidelines on handling requests for the registration of marriages between individuals of different religions and beliefs, can serve to fill the existing legal void. Although courts have previously demonstrated inconsistency on this matter, the circular explicitly instructs judges to reject such marriage registration requests, citing incompatibility with respective religious doctrines. In conclusion, the study highlights that SEMA No. 2 of 2023 plays a pivotal role in promoting regulatory coherence regarding interfaith marriages in Indonesia and in minimizing the associated legal uncertainties
Beyond Islamic Legal Principle: Social Justification of Adolescent Forced Marriage after Sexual Intercourse
Full text linkThe social justification for the practice of forced marriage among adolescents engaged in premarital sexual activity reveals a clear contradiction between prevailing social norms and the principles of Islamic law. However, this phenomenon tends to be overlooked in previous studies. In addition to responding to the shortcomings of existing studies, this study also aims to explain the characteristics of forced marriage practices for adolescents who engage in sexual activity outside of marriage. This research is a descriptive qualitative study that uses a case study approach. The findings indicate that forced marriage among adolescents is frequently employed as a means of safeguarding both individual and familial honor within the prevailing social value system of the community. There are three main findings that support this conclusion. First, the decision to arrange a forced marriage is usually made by the family without considering the teenager\u27s personal wishes. Second, the reason this practice is accepted by the community is because it is believed to uphold shared moral values and standards of proper behavior. Third, the controversies that arise reflect the contradictions between the social system and the principles of Islamic law. The significance of this study rests in its contribution to enriching the discourse of Islamic law through a social reality-based approach, thereby creating space for contextual reinterpretation of the law with an emphasis on the welfare of its subjects
Divergence in Qibla Direction Determination: A Fiqh-Based Analysis and Its Societal Implementation
Full text linkThis study explores the social reality surrounding discrepancies in Qibla direction among mosques in Palembang City, which, based on astronomical and scientific assessments, have proven to be inaccurate. The research aims to analyze community responses to these directional inconsistencies and to propose solutions that integrate modern technology and astronomical science into religious practice in a more thoughtful and contextually sensitive manner. Employing a sociological framework rooted in ethnographic and cultural anthropological approaches, the study collected data through Qibla recalibration observations, in-depth interviews, and literature review. The findings were analyzed using a descriptive qualitative method, complemented by astronomical and scientific perspectives. The results reveal that the misalignment of Qibla direction in many mosques largely stems from reliance on approximate traditional methods (taqribi), shaped by local wisdom, and from limited understanding of precise astronomical calculations and digital calibration tools. Nevertheless, the community exhibits a socially harmonious and religiously tolerant stance, prioritizing Islamic brotherhood (ukhuwah Islamiyah) over strict alignment with the Shafi\u27i school’s doctrinal precision. As a constructive step forward, this study suggests the need for community-based astronomical education and hands-on training in Qibla calibration applications. Such efforts can help improve directional accuracy while preserving social cohesion and preventing potential conflicts within religious communities
Clarifying Heirs’ Rights in Indonesian Waqf Law: Toward Stronger Governance and Conflict Prevention
Full text linkThis research analyzes the current legal framework governing the rights of a wakif’s heirs under Indonesian waqf law and proposes a model of regulatory reform aimed at enhancing waqf governance and minimizing potential inheritance disputes. The urgency of this research arises from the increasing number of waqf dispute cases brought before Indonesian Religious Courts, many of which involve heirs claiming ownership of assets already pledged as waqf. These disputes reflect ongoing legal uncertainty and the lack of clear regulatory provisions governing heirs’ procedural rights, a condition that risks weakening both the long-term sustainability of waqf management and the overall stability of the legal system. The objectives of this study are twofold: (1) to analyze the normative and socio-legal factors contributing to heirs’ involvement in waqf disputes, and (2) to propose a legal reform framework that clarifies their position within the waqf system. Using a normative juridical method with statutory and conceptual approaches, the study finds that the ambiguity of Law No. 41 of 2004 concerning Waqf, particularly the absence of the term “wakif’s heirs” in Article 6, creates interpretive gaps leading to recurrent ownership claims. To address these issues, this paper proposes revising the Waqf Law to explicitly recognize the limited supervisory rights of heirs while maintaining the sanctity of waqf as perpetual charity. This proposed reform seeks to align the principles of Islamic jurisprudence with national law in order to ensure legal certainty, reduce the potential for disputes, and strengthen the overall effectiveness of waqf governance. The study contributes conceptually by redefining heirs’ legal standing and practically by promoting a conflict-resilient and sustainable waqf ecosystem in Indonesia
Contestation of the Determination of ‘Idul Adha and its Implementation According to Muhammadiyah and Nahdatul ‘Ulama
Full text linkMuhammadiyah and Nahdlatul Ulama differ in determining the date of Idul Adha, primarily due to the distinct methodologies they employ and the underlying factors contributing to the resulting controversy. The to understand and describe the contestation, methods of determining Eid al-Adha, as well as to analyze the causes of these differences. Uses data from various articles and information related to the determination of Eid al-Adha within the scope of Muhammadiyah and Nahdlatul Ulama. The collected data were analyzed and subsequently compared to generate well-founded conclusions. The research results, Muhammadiyah uses a calculation method with the criterion of wujudul hilal, while the Nahdlatul Ulama uses the Imkanur Rukyat method with the MABIMS criterion, which requires the hilal to be 3 degrees above the horizon. Prioritizes the rukyat method. The cause of this difference lies in the varying interpretations of the hadiths used as the basis for determining the beginning of the Islamic lunar month, which leads to differences in the criteria for the height of the hilal. Muhammadiyah understands the Lafadz “faqduruu lah” in the Hadith to be an order from Allah to calculate the beginning of the month by means of hisab.This is close to results that can provide certainty, because it is calculated by sophisticated methods and technology. Nahdatul ‘Ulama, the wording of the Hadith demands the determination of the beginning of the month in accordance with the rules that Allah has set, by observing the hilal, not by calculations that are purely human thinking. If the hilal is not visible, then the age of the month is 30 days. These methodological differences lead to variations in the observance of Idul Adha, disrupt uniformity in worship practices and the national calendar, and therefore require the Muslim community to exercise caution and wisdom in navigating and managing such differences
Reconsidering Inheritance Equality: Gender Justice in Religious Court Decisions through the Lens of Maqashid Al-Shariah
Full text linkTraditional Islamic inheritance law stipulates a 2:1 ratio favoring male heirs. However, several decisions issued by Indonesia’s Religious Courts have granted equal shares to male and female children. This shift reflects changing social and economic dynamics, where women increasingly serve as key providers within the family structure. This study aims to analyze and identify judicial reasoning behind the equal distribution of inheritance to sons and daughters, using the maqashid al-shariah framework. Employing a normative-empirical approach, the research integrates case study methods and legal philosophy, drawing on data from court verdicts, interviews, and questionnaires distributed to judges. The data were processed using qualitative descriptive analysis. The findings reveal two main patterns of inheritance division in judicial practice: the traditional model (2:1), aligned with textual sources and the Compilation of Islamic Law, and an equal distribution model (1:1). The 1:1 distribution is not merely the result of mediation, but rather stems from judicial ijtihad that prioritizes substantive justice in light of maqashid al-shariah. Judges’ decisions in favor of equal inheritance are influenced by economic factors (e.g., women as primary earners), social roles (e.g., caregiving responsibilities), mutual agreement among heirs, and a dynamic understanding of maqashid. These rulings highlight the adaptive capacity of Islamic inheritance law to contemporary socio-economic realities without departing from its core principles. This study affirms the significance of context-sensitive ijtihad grounded in public interest (maslahah) for the reformulation of Islamic inheritance law in Indonesia, and emphasizes the judiciary’s progressive role in transforming Islamic family law
Contextualizing Maqāṣid al-Sharī‘ah in Indigenous Legal Practices: A Comparative Study of Family Resilience in Kasepuhan Ciptagelar and Kampung Naga
Full text linkStrengthening the normative foundation and maqāṣid orientation of Indonesia’s religious court system allows it to render fair judgments for the parties while safeguarding the future of children. While Islamic family law is often studied normatively, limited attention is given to its lived application in plural legal settings. Using a descriptive qualitative approach with socio-legal and phenomenological methods, data were collected through purposive sampling of 20 participants, including traditional leaders, religious figures, and village officials. Field observations and the analysis of local documents, including customary manuscripts, sermons, and marriage records, serve to complement the data. The findings reveal that family resilience emerges from a dynamic interplay between Islamic and customary norms, particularly in areas like inheritance, marriage, and gender roles. Integration of maqāṣid al-sharī‘ah occurs through contextual reinterpretation aligned with communal structures and values. Differences between the communities are notable in the role of traditional authority, the interpretation of qiwāmah, and dispute resolution mechanisms. This study contributes to the discourse on Islamic legal pluralism by presenting a contextual model of normative integration. It highlights the potential of a culturally grounded and adaptive Islamic legal framework to strengthen sustainable family systems across diverse local contexts
The Quasi-Judicial Authority of Bawaslu in the Perspective of Das Sollen and Fiqh Siyasah
Full text linkThis study examines the quasi-judicial authority of the General Election Supervisory Agency (Bawaslu) in handling administrative violations and disputes related to the electoral process, using das sollen and fiqh siyasah as the analytical framework. Bawaslu’s authority is formally designed to reinforce legal certainty, yet its implementation still reveals significant imbalances. Evidence from practice shows inconsistencies between the normative dimension (das sollen) and the empirical reality (das sein), indicating that Bawaslu’s institutional role as a quasi-judicial body continues to leave room for suboptimal law enforcement. The research applies a normative-comparative approach with case studies in Indonesia, Mexico, Costa Rica, and the Philippines. The analysis highlights the urgency of reconstructing Indonesia’s electoral legal system, particularly Article 462 of Law No. 7 of 2017 on General Elections, so that Bawaslu’s decisions acquire executorial power. Comparative findings reveal that Costa Rica, Mexico, and the Philippines have independent and robust electoral courts whose rulings are final and binding. Viewed from the perspective of fiqh siyasah, electoral justice is not limited to legal-formal mechanisms but also encompasses substantive justice that fulfills the function of hisbah (oversight) and safeguards the constitutional rights of citizens (hifz al-huquq)
Reconstruction of Holistic Benefits in Resolution of Wakf Land Disputes in Palembang
Full text linkWaqf constitutes a significant instrument in enhancing social, cultural, economic, and educational well-being, as it represents the voluntary dedication of assets by a waqif for religious and public benefit purposes. However, the complexity of waqf administration, assets, and legal aspects often give rise to disputes that require in-depth handling and study. This study aims to identify the causes of waqf land disputes in Palembang and formulate a comprehensive conflict resolution framework. The study employs a qualitative research design grounded in a sociological perspective to examine the dynamics of waqf implementation and emerging disputes in Kemuning District, Palembang City. Data were collected through observation, interviews, and documentation, then analyzed thematically using sociological theory as well as the framework of Islamic law and waqf law. The results show that immovable waqf assets significantly influence social dynamics and are often the main source of disputes, most of which end up in religious courts. Disputes are generally triggered by the sale of waqf assets, changes in their intended use, adoption issues, and ownership claims by the waqf family. The causes of disputes can be classified into internal and external factors. Internal factors include the low understanding and capacity of nazhir, the involvement of heirs, administrative costs, and negligence in waqf management. External factors include minimal public awareness of waqf, the dominance of private interests, weak government attention, and a suboptimal administrative system. These findings highlight the urgency of adopting a comprehensive dispute resolution framework that integrates deliberation, judicial and non-judicial mechanisms in line with national law, alongside mediation with relevant institutions, to safeguard and sustain waqf assets
Economic Neglect as Domestic Violence: Analysis of Divorce Decisions from Fatima Mernissi\u27s Islamic Feminist Perspective
Full text linkThis study explores economic neglect as a dimension of domestic violence within Indonesian divorce cases, analyzed through the lens of Fatima Mernissi’s Islamic feminist framework. Mernissi’s framework is particularly relevant in Muslim-majority contexts, as it critically challenges patriarchal interpretations of Islamic legal norms that continue to shape family law adjudication. Using a qualitative design that integrates juridical-normative and socio-legal approaches, the study analyzes 16 divorce decisions issued by five Religious Courts in Indonesia between 2016 and 2025. The findings reveal that economic neglect never occurs in isolation: 100% of cases intersect with other forms of violence, including psychological, physical, and social abuse. Three patterns of economic neglect are identified: total neglect (37.5%), partial neglect (43.75%), and neglect accompanied by economic exploitation (18.75%). However, only 18.75% of the cases culminated in the imposition of full economic sanctions, reflecting the limited enforcement of women’s economic entitlements. Significant regional disparities were also found, with courts in East Java demonstrating greater consistency than those in other regions. The study proposes legal reforms, including explicit recognition of economic neglect as an autonomous form of domestic violence in Article 9 of the Act of the Republic of Indonesia Number 23 of 2004 concerning the Domestic Violence Elimination Law (UU PKDRT) and reformulation of Articles 80 and 84 of the Compilation of Islamic Law (KHI). These reforms are intended to reinforce enforceable post-divorce economic responsibilities, advance substantive justice, and foster greater consistency in judicial practice at the national level