Indonesian Journal of Shariah and Justice

AL-TA'ASSUF IN GOVERNMENT REGULATION NO. 45 OF 1990 ARTICLE 4 PARAGRAPH 2

Novita Anggraeni — 2025-12-31

The purpose of this research is to reveal the indicators of al-Ta'assuf in Government Regulation No. 45 of 1990 Article 4 paragraph 2 and legal solutions to al-Ta'assuf in Government Regulation No. 45 of 1990 Article 4 paragraph 2. This research is qualitative research, the type of research is library research. The data collection method used is literature study, with normative theological, juridical, and sociological approaches. The results showed that;1) The two indicators of al-ta'assuf in the use of rights have been used to analyze Government Regulation No. 45 of 1990 Article 4 paragraph 2. In accordance with the analysis of al-ta'assuf, Government Regulation No. 45 of 1990 Article 4 paragraph 2, should not conclude its provisions by prohibiting civil servant women as polygynous wives absolutely. Because the absolute prohibition will always be understood in any condition and however, without any conditions. 2) The legal solution to al-Ta'assuf in Government Regulation No. 45 of 1990 Article 4 paragraph 2, namely the government as the competent authority in establishing regulations, should pay attention to the greater good by considering the rights of civil servant women and children who are born later.

VIOLENCE AGAINST CHILDREN IN THE CYBERSPACE: A NEW CHALLENGE TO ISLAMIC LAW

Wahyu Aji Pratama — 2025-12-31

This study examines the application of maqāṣid al-syarī'ah in the framework of national cyber regulations, especially related to child protection in the digital space. Using a normative qualitative approach, this study analyzes relevant laws and regulations, classical and contemporary maqāṣid literature, and recent studies on forms of digital crimes against children. The results show that the digital ecosystem presents various multidimensional threats to the protection of reason (ḥifẓ al-'aql), heredity (ḥifẓ al-nasl), and property (ḥifẓ al-māl), so an integrative framework is needed that bridges the goals of Islamic law with modern cyber governance. This study found that there is a value gap in Indonesia's cyber regulatory structure, especially the absence of a maqāṣid-based ethical paradigm in digital child protection arrangements. The novelty of this research lies in the formulation of a new conceptual integration model between maqāṣid al-syarī'ah and national cyber regulations for child protection. This integrative model has never been proposed in previous research and provides a conceptual basis for the development of ta'zīr-based digital governance policy guidelines and governance in the future.

A COMPARATIVE STUDY OF TAWKIL AL-WALI UNDER INDONESIAN AND MALAYSIAN LAW

Mohammad Hasan Bisyri — 2025-12-31

Taukil wali is when a marriage guardian gives their authority to someone else to perform a marriage. The goal of this study is to explain the differences and similarities in the legal rules about taukil wali. It also looks at how these rules have different legal effects in Indonesia and Malaysia. This is a type of legal research that uses existing laws and compares them. The information comes from documents like the Regulation of the Minister of Religious Affairs, the Compilation of Islamic Law, and Malaysian Islamic Family Law. The study found that both Indonesia and Malaysia have rules about taukil wali. They are similar in how they define taukil wali, who can be a guardian, what qualifications are needed for a deputy guardian, and why taukil wali is allowed. Indonesia has very clear and detailed rules for how this process works, which are in official laws. Malaysia uses general sharia principles and adjusts the process according to their own laws. When it comes to penalties, both countries have.

RESACRALIZATION OF CHILD CUSTODY AFTER DIVORCE IN ISLAMIC FAMILY LAW: BETWEEN THE PRINCIPLE OF MAṢLAḤAH AND THE CO-PARENTING TREND

Mukhamad Suharto — 2025-12-31

This article examines the resacralization of child custody (ḥaḍānah) in Islamic family law post-divorce, employing the principle of maṣlaḥah and the emerging global trend of co-parenting as complementary frameworks for reconstructing parental relations beyond marital dissolution. Classical Islamic jurisprudence tends to determine custody based on rigid biological and procedural norms, whereas contemporary social contexts increasingly acknowledge a child’s psychosocial and spiritual need for the presence of both parents. This study aims to explore how maṣlaḥah can serve as a normative basis to reformulate custody law in a child-centered and context-responsive manner, and to assess the potential incorporation of co-parenting within the Islamic legal system in Indonesia. Using a qualitative normative approach and analyses of religious court decisions, the findings suggest that restoring the sacred dimension of post-divorce parenting promotes not only spiritual values, but also expands justice for children. This research contributes to the development of progressive Islamic family law that prioritizes child welfare within both religious and legal paradigms.

BEYOND HARMONIZATION: CONFLICT RESOLUTION AS A LEGAL BRIDGE OF INDONESIAN ISLAMIC FAMILY LAW REFORM IN KOMPILASI HUKUM ISLAM

Cipto Sembodo — 2026-01-01

This article examines conflict resolution patterns between Islamic law and customary law in the formation of Compilation of Islamic Law (KHI) in Indonesia. KHI constitutes a legal entity and a genuinely reformative bridge within legal pluralism, not mere an object of harmonization, and affirms that such conflicts are not anomalous. Employing a juridical-normative approach and conceptual analysis, the study traces how KHI represents the state’s ijtihad in responding to tensions among sharia norms, customary practices, and Indonesian Muslim society. The findings demonstrate three principal patterns of conflict resolution: (1) normative compromise between classical fiqh and customary practices, giving rise to the distinctly Indonesian concept of wasiat wajibah (mandatory bequest); (2) the adoption of customary institutions aligned with the principles of Islamic law, as the marital joint property showed; (3) adjusting customary norms within a sharia framework, exemplified by the concept of substitute heirs. These patterns underscore methodological and reflective nature of conflict resolution within KHI. KHI emerges as a model of active and productive normative conflict resolution within Indonesia’s legal pluralism. This constitutes a theoretical contribution to contemporary Islamic legal scholarship while proposing a policy-oriented direction for a more inclusive, contextual, and maqāṣid al- sharīʿah-oriented reform of the KHI.

DIGITAL TRANSFORMATION OF DIVORCE CERTIFICATES AND REFORM OF RELIGIOUS COURT PROCEDURE IN INDONESIA

Ana Laela Fatikhatul Choiriyah — 2026-01-01

The implementation of the Electronic Divorce Certificate within the Religious Court system through Decree of the Director General of Badilag Number 932/DJA/SK.TI1.3.3/VII/2025 represents a strategic innovation in the digitalization of legal services. This policy is in line with the principle of a simple, fast, and low-cost judiciary, as mandated by Law Number 48 of 2009 on Judicial Power. Through the EAC, the administrative process of divorce is expected to become more efficient and transparent, while also reducing bureaucratic complexity and the risk of misuse of physical documents. From the perspective of Islamic civil procedural law, the EAC remains legally valid provided that it complies with divorce registration procedures conducted by authorized officials and is based on a court decision that has obtained permanent legal force. The legality of the EAC is further reinforced by Law Number 11 of 2008 on Electronic Information and Transactions, particularly Article 5 paragraph (1), Articles 14, and 15, which recognize electronic documents as legally valid evidence, provided that they meet the principles of authenticity, integrity, and reliability of electronic systems. Nevertheless, the implementation of the EAC requires harmonization with the principles of legal protection and personal data protection, as regulated under Law Number 27 of 2022. The protection of sensitive personal data of the parties involved constitutes a crucial aspect that must be ensured through reliable technological security systems. With this approach, the EAC has the potential to deliver a modern and effective religious court service while safeguarding the legal rights of justice seekers.