INKLUSIF (JURNAL PENGKAJIAN PENELITIAN EKONOMI DAN HUKUM ISLAM)
The Comparative Analysis of the Legal Implications of Hadhanah in Decision Number 2562/Pdt.G/2023/PA.Sbr and Decision Number 0037/Pdt.G/2016/PA.Bitg in the Perspective of Maqaṣid al-Syari’ah
This study examines the differences in the determination of custody rights in the Sumber Religious Court decision No. 2562/Pdt.G/2023/PA.Sbr and the decision of the Bitung Religious Court Number 0037/Pdt.G/2016/PA.Bitg, even though both refer to the Compilation of Islamic Law (KHI). The divergence arises due to variations in trial facts, the child’s psychological condition, and the religious beliefs of the parties involved. Therefore, an analysis from the perspective of maqāṣid al-sharī’ah is essential to ensure that custody rulings not only adhere to normative provisions but also safeguard the child’s welfare. The main objectives of this research are to analyse the application of custody law in both cases and to compare them within the framework of maqāṣid al-sharī’ah. The research problems addressed are: (1) How was custody law applied in the Sumber and Bitung Religious Court decisions? and (2) How do these decisions differ when examined through the lens of maqāṣid al-sharī’ah? Using a normative juridical method with comparative and case study approaches, data were collected from legislation, Islamic legal scholarship, and official court rulings. Findings reveal that the Sumber Court prioritised maternal attachment and piety, while the Bitung Court prioritised protection of faith by granting custody to the father.
Reconstructing Child Custody Law in Indonesian Religious Courts: Integrating Islamic Law, Child Rights, and Substantive Justice
This study aims to propose a comprehensive model for reconstructing child-custody law in Indonesia’s religious courts by integrating Islamic family law, children’s rights, and substantive justice. Utilising a hermeneutic and descriptive-analytical approach to library research, the study analyses legal texts, court decisions, and relevant literature. The results reveal significant gaps between legal norms and actual judicial practices, particularly regarding the prioritisation of gender biases and legal formalities over child welfare. The study identifies that child custody decisions often overlook universal child protection principles and fail to consider substantive justice. The proposed model advocates for legal reforms, including enhancing judicial capacity, integrating psychological assessments, and promoting restorative justice in dispute resolution. This research contributes to family law reform by providing a comprehensive framework that centres child welfare in custody decisions, aiming for a more responsive and just legal system. Furthermore, it offers both conceptual and practical guidance to improve child protection in Indonesia’s family courts, address contemporary societal needs, and advance an inclusive, child-centred family law that balances progressive values with cultural sensitivity. The findings emphasise the importance of cross-sector collaboration in implementing these reforms, urging policymakers, judges, and child protection agencies to work together for the betterment of child welfare in legal proceedings.
Legal Consequences of Inter-Inmate Violence in Overcrowded Correctional Institutions: A Case Study of Kuningan Class IIA Prison
his study aims to analyse the legal consequences of violence between inmates under conditions of overcrowding at the Class IIA Kuningan Penitentiary. Overcrowding, or overcrowding exceeding the ideal capacity, is a significant factor in the increased potential for conflict and violence within the prison. The research method is a juridical-empirical approach that combines normative studies of correctional regulations with empirical analysis through interviews and field observations. The results show that violence between inmates has various legal consequences for both perpetrators and victims, including disciplinary sanctions, reduced behavioural assessments, restrictions on correctional rights, and the possibility of new criminal offences under the Criminal Code. For victims, violence requires special protection, rehabilitation, and strengthening of complaint mechanisms. Furthermore, overcrowding has been shown to worsen the effectiveness of correctional facilities and hinder the function of prisons as rehabilitative institutions. This study emphasises the need for correctional policy reform, including reducing overcrowding, increasing the number and competence of officers, and implementing a technology-based monitoring system to prevent future violence.
The Existence of Cancellation of Grant in Religious Courts: A Legal Analysis and Maqashid Sharia of The Decision Number 6481/Pdt.G/2021/Pa.IM
Grants are given to others with no hope of existence, reward, or whatever, and are done willingly, without counter-performance from the party that gives. The giver still lives. Grants cannot be cancelled except for the grant parent to child matter, as mentioned in the hadith of the Prophet, KUHPER, and the Compilation of Islamic Law. The purpose of this study is to analyse the juridical aspects of Islamic Law, Positive Law and Maqashid Syariah above the judge’s decision in the case number 6481/Pdt.G/2021/PA.IM regarding the case cancellation grant. The research method used by the author, which involves descriptive research , is one of the forms of research that includes qualitative research. The data used in the study are qualitative. Qualitative data, namely data presented in verbal form, is not in a numerical form. Among others, search and collect data with classification, including primary data and secondary data. In research, the author uses interviews, documentation and observation for data collection. The results of the research from the judge’s considerations in deciding case number 6481/PDT.G/2021/PA.IM regarding the case cancellation grant, the panel of judges’ opinion is that the lawsuit plaintiff must state No cannot be accepted. This is in accordance with Circular Letter Supreme Court Number 3 of 2018, letter A, number 4. In the formulation of the law of the religious chamber that the lawsuit whose object of dispute is still a debt guarantee and the judge does not use other legal considerations, in fact the judge in deciding a case should be based on the law and/or statutory regulations related to the lawsuit, such as Article 212 of the KHI which allows parents to withdraw their gifts and Article 1688 of the Civil Code.
Early Marriage in Hadith and Law: Analysis of Aisha’s Marriage and Legal Age Provisions
The phenomenon of early marriage remains a complex social and legal issue in Indonesia, illustrating the ongoing gap between religious texts, legal regulations, and social realities. This research departs from debates surrounding the hadith of the Prophet Muhammad’s marriage to ‘Aisha ra., which is often used as a religious justification for child marriage practices. The study aims to critically analyse the hadith through a socio-historical approach and the framework of maqāṣid al-sharī’ah, while assessing its conformity with Indonesian positive law. This research employs normative legal research with a qualitative perspective, relying on literature analysis of hadiths contained in Kutub al-Sittah, the views of classical Islamic jurists (fuqahā’), and national legal policies, particularly Law Number 16 of 2019 concerning the minimum marriage age. The findings reveal that classical scholars generally permitted marriage to al-ṣaghīrah based on specific historical and social contexts. However, contemporary scholars emphasise the need for contextual and purposive interpretation to ensure the protection of children from physical, psychological, and social harm. From the perspective of maqāṣid al-sharī’ah, this study highlights maṣlaḥah and harm prevention as fundamental legal principles. From a positive legal standpoint, setting the marriage age at 19 reflects harmonisation between Islamic law and child protection norms.
Islamic Legal Review of Waqf Land Ownership Transfer under Indonesian Law
This study aims to analyse the Islamic legal position on the transfer of ownership of waqf land and evaluate its conformity with the Indonesian waqf regulatory framework. Using a normative-juridical method, the research examines classical and contemporary fiqh references, Law No. 41 of 2004, Government Regulation No. 42 of 2006, and relevant legal documents to construct a systematic interpretation of the rules governing waqf property. The analysis identifies the legal basis for the prohibition of transferring waqf assets and assesses the coherence between sharia norms and national regulation. The results reveal that Islamic jurisprudence categorically upholds the permanence of waqf property, while practices at the administrative level remain vulnerable to irregularities, particularly in certification and oversight procedures. Weak institutional verification allows waqf assets to be at risk of being transferred or re-registered contrary to their legal status. This study contributes an evaluative framework for aligning Islamic legal principles with positive law and proposes policy improvements, including stronger cross-institutional verification and enhanced supervisory mechanisms to prevent unauthorised transfers of waqf assets.
Implementation of Digital-Based Inheritance Distribution in Islamic Law: A Maqaṣid al-Syari'ah Perspective
The study seeks to evaluate the feasibility of implementing a digital inheritance distribution system while maintaining the essential principles of fiqh al-mawārīts and the overarching aims of maqāṣid al-syarī‘ah. Using a qualitative–descriptive approach grounded in library research, the analysis draws upon classical and contemporary Islamic legal sources, the Compilation of Islamic Law (KHI), and the Electronic Information and Transactions Law (UU ITE). The findings demonstrate that digital tools can significantly improve the efficiency, precision, and transparency of determining the rightful shares of heirs. Sharia-oriented algorithms not only ensure accuracy in calculations but also reinforce procedural integrity and legal accountability. Viewed through the lens of maqāṣid al-syarī‘ah, digitalization supports the preservation of wealth (ḥifẓ al-māl) and the protection of intellect (ḥifẓ al-‘aql) by minimizing human error and reducing opportunities for data manipulation. The study further reveals that the UU ITE’s acknowledgment of digital documents as legitimate evidence provides a firm legal basis for their implementation within religious judicial institutions. On the social front, the adoption of digital systems enhances public confidence in the fairness of Islamic legal processes and reduces the likelihood of family disputes. Ultimately, this research makes meaningful contributions to the development of Islamic legal technology and highlights potential future integrations, such as AI and blockchain, to support advanced inheritance management.
Surrogacy Law: Iran’s Framework and Structural Constraints in Indonesia
Surrogacy has been legalized in Iran, the only Muslim-majority country to formally accommodate the practice within its healthcare and legal systems. In contrast, despite a high prevalence of infertility, the Indonesian legal order remains closed to surrogacy due to persistent juridical, ethical, and theological contestation. Existing scholarship has largely examined these jurisdictions in isolation or has focused predominantly on theological prohibition, leaving limited comparative analysis of the structural limits of legal transplantation. Addressing this gap, this study employs a normative-comparative legal method to analyze primary legal materials, including Iran’s Civil Code and Indonesian health and family laws. The findings demonstrate that Iran validates surrogacy through Article 10 of its Civil Code and flexible Jaʿfari jurisprudence. Conversely, the study shows that surrogacy in Indonesia is structurally precluded by three interlocking dimensions: civil-contractual incompatibility with the requirement of a lawful cause, restrictive medical-administrative regulations grounded in mater semper certa est, and a dominant Sunni legal consensus classifying surrogacy as zina, thereby threatening the preservation of lineage (hifz al-nasl). This study concludes that Iran’s framework cannot be transplanted into Indonesia without fundamentally restructuring civil, medical, and religious legal norms, underscoring the contextual limits of legal transplantation in comparative Islamic bioethics and Indonesian legal reform discourse.
Family Communication and Coping Strategies on Soldier Children’s Independence: A Maqasid Al-Shariah Perspective
The dynamics of military families, characterized by high mobility and father absence due to operational duties, pose unique challenges to child development. This study aims to analyze the influence of family communication and coping strategies on the independence of soldiers’ children, viewed through the lens of Maqāṣid al-Sharī’ah. Using a mixed-method explanatory sequential design, quantitative data were collected from 200 respondents in the Kodam III/Siliwangi battalion, followed by in-depth interviews with selected informants. The results indicate that family communication and coping strategies significantly influence children’s independence, explaining 75.5% of the variance. The study theoretically contributes to Islamic Family Law by reframing psychological resilience as a spiritual necessity: effective communication is hifz al-nafs (preservation of the soul). At the same time, adaptive coping strategies manifest as hifz al-din (preservation of religion) and hifz al-nasl (preservation of progeny). Practically, these findings urge military institutions to integrate spirituality-based counseling into family support programs.
GENDER-BASED CYBER VIOLENCE IN CIREBON REGENCY: A CRITICAL GENDER AND LEGAL ANALYSIS
The rapid expansion of digital technology and social media has facilitated the emergence of Gender-Based Cyber Violence (GBCV). In Cirebon Regency, reported cases increased sharply from three in 2023 to eight in 2024, reflecting a 166 percent rise and highlighting the growing risks faced by women in digital environments. This study aims to comprehensively examine GBCV in Cirebon Regency by integrating gender analysis, feminist legal theory, positive law, and Islamic law to evaluate existing legal protections and formulate a more responsive and victim-centered protection framework. This research employs a qualitative descriptive approach using primary data from victims of GBCV, local government officials, NGO, and experts in Islamic and positive law, complemented by secondary data derived from relevant legal regulations. Data were collected through interviews, document analysis, FGD, and questionnaires to support a comprehensive qualitative analysis. The results show that from 2020 to 2025 the dominant forms of GBCV in Cirebon Regency were sexting (6 cases), cyber grooming (5 cases), and impersonation (5 cases). Contributing factors include low digital literacy, patriarchal norms, victim blaming, and the absence of a dedicated cybercrime unit within the Cirebon Police Resort. The legal analysis reveals that the implementation of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, and regional regulations remains insufficiently gender responsive, while the principles of maqaṣid shariah affirm that GBCV violates the protection of human dignity, honor, and life. This study contributes a gender informed and Islamic values-based integrative framework to enhance policies for protecting women in digital environments.