al Hairy | Journal of Islamic Law
type: channel
description: al Hairy | Journal of Islamic Law is a peer-reviewed journal published two times a year (April and October). Al Hairy invites scholars, researchers and students to contribute their studies and research in related fields. This aims to encourage and promote the study of Islamic Law from various scientific perspectives. al Hairy focuses on the field of Islamic Law. This journal covers the study of Islamic Family Law, Islamic economic law, Islamic criminal law, Islamic constitutional law, zakat and waqf law, contemporary Islamic legal thought and comparison of schools of thought.
publisher: Yapilin Press
language: en
publication name: al Hairy | Journal of Islamic Law
issn: 3090-6865
items: A Comparative Analysis of Personal Data Protection Laws in Indonesia and Vietnam
items: Digital Family Integrity Framework (DFIF): an Islamic Family Law Framework for Muslim Families in The Social Media Era
items: Joint Property and Family Financial Disputes: A Shift from Formal Justice to Substantive Justice in Indonesian Islamic Family Law
items: Divorce of Talaq Due to Toxic Relationship in The Household Perspective of Daf'u al-Dharar: An Analysis of Decision Number 429/PDT. G/2024/PA.MT
items: Commercial Sex Workers as A Household Economic Resilience Strategy in The Informal Sector
items: Ban on Interfaith Marriage in Indonesia: an Analysis of Constitutionality in The Perspective of Islamic Law and Human Rights
items: Prenuptial Agreement as A Protection of Wife's Rights
items: Maqāṣidī's Approach to Qiwāmah and Nafaqah
items: The Concept of Public Financial Policy in Islam Abu Ubaid al-Qasimy's Perspective
items: The Phenomenon of Patting Sakinah and Its Relationship with Pre-Marriage
items: Reconstruction of Political Theory of Islamic Law in The Context of Legal Pluralism in Indonesia
items: Reconstruction of Grant Practice in Inheritance Distribution
items: The Role of Fatwa of Ulama in Fostering Religious Modernization in The Islamic World
items: The Deconstruction of Marriage Law in Islam: A Critical Analysis of The Practice of Contract Marriage in The Modern Era
items: John Rawls' Theory of Justice and Its Relevance in the Formulation of Community Property Division Policy in the Contemporary Era
items: Distributive Justice in the Perspective of Islamic Law and Its Implementation in Shared Property Disputes
items: Women's Resistance to Polygamy: Gender Studies on Social Dynamics and Islamic Law
items: The Dilemma of Modernity: Value Conflict in The Application of Customary Criminal Law in Multicultural Society

A Comparative Analysis of Personal Data Protection Laws in Indonesia and Vietnam
type: item
description: Personal data protection is an important issue in the digital era marked by the massive use of information technology. This study compares the rationality of personal data protection in Indonesia and Vietnam through Law No. 27 of 2022 and Decree No. 13/2023/ND-CP. Both regulations are present in response to the increasing need or urgency for personal data protection in ASEAN, especially Indonesia and Vietnam. The aim is to understand the rational and background in the formation of both regulations, by analyzing the juridical, sociological, and philosophical aspects. The results show that although both countries face the same challenges as the rise of personal data leaks, there are fundamental differences in the legal approach used. Indonesia governs through laws with a high legal standing and oversight by independent institutions, while Vietnam governs through decrees (Nghị định) which are under the law (Luật) or are directly controlled by the government through the Bộ Côngan or the Ministry of Public Security. Indonesia's philosophical approach is rooted in human rights and social justice, while Vietnam's emphasizes more on national stability and security. This research shows the importance of personal data regulation that is not only legally strong, but also in accordance with the social and cultural values of each country to realize a safe and fair society.
subject: Articles
  topic: section
subject: Personal Data Protection
  topic: keywords
subject: Comparative Law
  topic: keywords
subject: Norms
  topic: keywords
subject: Indonesia - Vietnam
  topic: keywords
creator: Septian Khairuddin
creator: Akhmad Safik
rights: Copyright (c) 2026 Septian Khairuddin, Akhmad Safik (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 95
ending page: 111
doi: 10.64344/hry.v2i1.110

Digital Family Integrity Framework (DFIF): an Islamic Family Law Framework for Muslim Families in The Social Media Era
type: item
description: The development of social media has changed the character of family relationships by presenting various forms of digital interaction that affect communication, trust, commitment, and the quality of relationships in family life. Phenomena such as digital infidelity, cyber intimacy, oversharing, and the increasing intensity of virtual interactions show that the challenges faced by Muslim families in the digital age cannot be adequately explained through pre-developed family approaches. This research aims to develop the Digital Family Integrity Framework (DFIF) as a conceptual framework that integrates the principles of Islamic Family Law, maqāṣid al-syarī'ah, and the dynamics of contemporary digital relations to strengthen the integrity of Muslim families. This research is a normative legal research with a conceptual framework development orientation that uses a conceptual approach, a legislative approach, and a maqāṣid al-syarī'ah approach. The analysis was carried out through doctrinal analysis and conceptual synthesis of various legal sources and scientific literature related to Islamic Family Law, digital transformation, and family resilience. This research produced the Digital Family Integrity Framework (DFIF) which consists of five main dimensions, namely Digital Loyalty, Islamic Digital Communication Ethics, Family Privacy Protection, Online–Offline Relational Balance, and Digital Literacy. These five dimensions form a preventive conceptual model to maintain commitment, trust, ethics, and quality of Muslim family relationships in the digital space. This research contributes to the development of the study of Islamic Family Law by offering a preventive paradigm that complements the developed approach to family resilience and provides a conceptual foundation for empirical research and family policy development in the digital era.
subject: Articles
  topic: section
subject: Islamic Family Law
  topic: keywords
subject: Digital Family Integrity Framework
  topic: keywords
subject: Muslim families
  topic: keywords
subject: The Social Media Era
  topic: keywords
creator: Miftah Farid
creator: Umar Abdul Aziz
creator: Iip Saepul Anwar
creator: Aan Sastra
creator: Syakiroh Syakiroh
rights: Copyright (c) 2026 Miftah Farid, Umar Abdul Aziz, Iip Saepul Anwar, Aan Sastra, Syakiroh Syakiroh (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 79
ending page: 94
doi: 10.64344/hry.v2i1.109

Joint Property and Family Financial Disputes: A Shift from Formal Justice to Substantive Justice in Indonesian Islamic Family Law
type: item
description: This research aims to analyze the legal and social dynamics related to common property (gono-gini), its distribution mechanism, and the settlement of family financial disputes in the Religious Court. This issue is important because of the increasing number of divorce cases accompanied by joint property lawsuits, which reflects the complexity of economic relations and gender equality in Muslim households in Indonesia. This study highlights how Islamic law and national law interact in realizing substantive justice in the division of assets post-divorce. The research uses a juridical-normative method with a conceptual and case approach. Data was obtained through a review of classical fiqh literature, laws and regulations, and decisions of the Religious Court in the last five years. The analysis was carried out by integrating the principles of maqāṣid al-syarī'ah, gender justice theory, and socio-economic considerations as the basis for assessing judicial practice. The results of the study show that joint property includes not only material assets, but also non-financial contributions such as domestic and emotional roles of the couple. In practice, Religious Court judges began to adopt a progressive approach by considering distributive justice and proportionality of contributions. This marked a paradigm shift from textual interpretation to a more humanistic approach to maqāṣid. The conclusion of the study emphasizes the need to reformulate Islamic family law to be more adaptive to the contemporary social context. The reform must ensure equal economic roles between husband and wife and encourage social justice in the distribution of common wealth.
subject: Articles
  topic: section
subject: Common Property
  topic: keywords
subject: Gender Justice
  topic: keywords
subject: Religious Courts
  topic: keywords
subject: Maqāṣid Al-Syarī'ah
  topic: keywords
subject: Family Disputes
  topic: keywords
creator: Muthmainah Muthmainah
creator: Iqbal Subhan Nugraha
creator: Nurlaila Nurlaila
creator: Isnaeni Nurhalimah
creator: Nur Faiqoh
rights: Copyright (c) 2026 Muthmainah Muthmainah, Iqbal Subhan Nugraha, Nurlaila Nurlaila, Isnaeni Nurhalimah, Nur Faiqoh (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 63
ending page: 78
doi: 10.64344/hry.v2i1.105

Divorce of Talaq Due to Toxic Relationship in The Household Perspective of Daf'u al-Dharar: An Analysis of Decision Number 429/PDT. G/2024/PA.MT
type: item
description: This study analyzes the judge's legal considerations in talaq divorce cases motivated by unhealthy domestic relationships and assesses its relevance to the principles of Daf'u al-Dharar. The focus of the research is directed at the Decision of the Metro Religious Court Number 429/Pdt.G/2024/PA.Mt. The research uses a juridical-normative method with a statutory approach, a case approach, and a conceptual approach. The primary legal material consists of court decisions, Government Regulation Number 9 of 1975, and the Compilation of Islamic Law. Secondary legal materials are in the form of journals and books on divorce, toxic relationships, fiqh rules, and maqashid al-shari'ah. The data was analyzed descriptive-analytically through the identification of legal facts, the assessment of ratio decidendi, and the interpretation of the principle of benefit. The results of the study showed that the judge granted the application verstek after the Applicant proved the existence of continuous disputes, separation of residence for about ten months, failure of peace, and no hope of living in harmony again. This fact fulfills Article 19 letter (f) of Government Regulation Number 9 of 1975 jo. Article 116 letter (f) of the Compilation of Islamic Law. The term toxic relationship is not used as a standalone legal reason, but serves as an analytical category to explain destructive communication patterns, loss of trust, emotional distress, and relationship fractures. Substantively, the verdict reflects Daf'u al-Dharar because divorce is placed as a last resort to stop psychic harm and protect the soul, intellect, dignity, and legal certainty of the parties.
subject: Articles
  topic: section
subject: Divorce Talak
  topic: keywords
subject: Toxic Relationship
  topic: keywords
subject: Daf'u al-Dharar
  topic: keywords
subject: Ratio Decidendi
  topic: keywords
subject: Religious Court
  topic: keywords
creator: Teguh Suratno
creator: Afin Farna
rights: Copyright (c) 2026 Afin Farna, Afin Farna (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 47
ending page: 62
doi: 10.64344/hry.v2i1.104

Commercial Sex Workers as A Household Economic Resilience Strategy in The Informal Sector
type: item
description: The phenomenon of commercial sex work in the informal sector is a complex social issue because it lies at the intersection of economic realities, moral constructs, family resilience, and Islamic legal norms. Until now, commercial sex work has been more often understood through the perspective of morality and social deviance, while the structural factors underlying women's involvement in this work, such as poverty, limited access to formal employment, low education, and failure to meet family needs, have not received adequate attention. This study aims to analyze commercial sex work as a strategy for household economic resilience in the informal sector through the perspective of Islamic family law and the maqāṣid al-sharī'ah approach. This study uses a normative-empirical legal research method with a socio-legal approach that integrates analysis of the concept of livelihood in Islamic family law, the socio-economic realities of marginalized communities, and the dynamics of family economic resilience. The results show that women's involvement in commercial sex work in many cases is not solely an individual choice, but rather a form of economic adaptation that arises from structural pressures and limited employment options. Although the practice of prostitution is normatively contrary to the principles of Islamic law, the Maqāṣid al-Sharī'ah approach emphasizes the importance of considering humanitarian aspects, protection of life (ḥifẓ al-nafs), protection of property (ḥifẓ al-māl), and family sustainability in understanding this phenomenon. This research emphasizes that resolving the problem of commercial sex workers cannot be achieved solely through a repressive and moralistic approach, but requires a more comprehensive strategy that includes strengthening family resilience, empowering women economically, and providing access to decent employment. This study contributes to the development of contemporary Islamic family law discourse by presenting an integrative pers…
subject: Articles
  topic: section
subject: Commercial Sex Workers
  topic: keywords
subject: Household Economic Resilience
  topic: keywords
subject: Islamic Family Law
  topic: keywords
subject: Maqāṣid al-Sharī'ah
  topic: keywords
subject: Informal Sector
  topic: keywords
creator: Heri Sulaiman
creator: Abdur Rouf
creator: Riyadhul Hidayat
creator: Yoga Rifaldi
creator: Ipan Maulana
rights: Copyright (c) 2026 Heri Sulaiman, Abdur Rouf, Riyadhul Hidayat , Yoga Rifaldi, Ipan Maulana (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 23
ending page: 45
doi: 10.64344/hry.v2i1.103

Ban on Interfaith Marriage in Indonesia: an Analysis of Constitutionality in The Perspective of Islamic Law and Human Rights
type: item
description: Interfaith marriage is a family law issue that continues to generate debate in Indonesia because it lies at the intersection of the protection of citizens' constitutional rights, religious values, and human rights principles. This debate has become increasingly prominent after the Constitutional Court, through Decision Number 24/PUU-XX/2022, affirmed the constitutionality of Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage. This study aims to analyze the constitutionality of the prohibition on interfaith marriage from the perspective of Islamic law and human rights and to examine the relevance of the Constitutional Court's decision to the principles of the Indonesian constitution. This research is a normative legal research with a statutory approach, a conceptual approach, a case approach, and a comparative approach. The legal materials are analyzed qualitatively through a descriptive-analytical method by reviewing laws and regulations, Constitutional Court decisions, international human rights instruments, and Islamic legal literature. The results of the study indicate that the prohibition on interfaith marriage is a constitutional legal policy because it is in line with the principle of Belief in One Almighty God as Indonesia's constitutional identity and is a form of open legal policy of lawmakers. From an Islamic legal perspective, this prohibition has a strong normative basis in the Qur'an, the Hadith, and the objectives of the maqāṣid al-syarī'ah (the principles of Islamic law), particularly the protection of religion, lineage, and the well-being of the family. Meanwhile, from a human rights perspective, this regulation cannot be classified as a human rights violation, but rather as a justifiable constitutional limitation as long as it meets the principles of legality, legitimate purpose, necessity, and proportionality. This research proposes the concept of constitutional fiqh as an integrative framework that harmonizes Islamic law, the cons…
subject: Articles
  topic: section
subject: Interfaith Marriage
  topic: keywords
subject: Constitutional Court
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Human Rights
  topic: keywords
subject: Constitutionality
  topic: keywords
subject: Constitutional Fiqh
  topic: keywords
creator: Parwoto Parwoto
creator: Fajar Romadon
creator: Baehaki Baehaki
rights: Copyright (c) 2026 Parwoto Parwoto, Fajar Romadon, Baehaki Baehaki (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-04-15
publication date: 2026-04-15
starting page: 1
ending page: 22
doi: 10.64344/hry.v2i1.102

Prenuptial Agreement as A Protection of Wife's Rights
type: item
description: This article examines the legal position of prenuptial agreements as an instrument for the protection of wife's rights in Islamic family law in Indonesia. Since the Constitutional Court Decision No. 69/PUU-XIII/2015, the urgency of the prenuptial agreement has increased because it is declared valid both before and after marriage. However, its role has not been fully understood as a protection mechanism for wives, especially in family economic justice. This study aims to analyze the legal position of prenuptial agreements in the perspective of the MUI Fatwa and the Constitutional Court Decision and evaluate its relevance through maqāṣid al-syarī'ah. The research method uses a normative qualitative approach through conceptual and juridical analysis. The results of the study show that the two legal instruments affirm the protection of wives on different grounds of argument: the MUI fatwa emphasizes sharia benefits and moral protection, while the Constitutional Court Decision affirms constitutional equality and distributive justice. Through the analysis of maqāṣid, the pre-marriage agreement has a preventive function that ensures the protection of property (ḥifẓ al-māl), the dignity of women (ḥifẓ al-'irḍ), and fair economic participation. Thus, the prenuptial agreement needs to be interpreted as a maqāṣid-based legal tool, not just an administrative agreement, but a substantive justice mechanism in contemporary Islamic family law,
subject: Articles
  topic: section
subject: Prenuptial Agreement
  topic: keywords
subject: Wife's Rights
  topic: keywords
subject: Maqāṣid al-Syarī'ah
  topic: keywords
subject: MUI Fatwa; The Constitutional Court
  topic: keywords
subject: Islamic Family Law
  topic: keywords
creator: Heri Sulaiman
creator: Rahmad Lubis
creator: Muhammad Muhammad
creator: Sri Dewi
creator: Arlina Sriani
rights: Copyright (c) 2025 Heri Sulaiman, Rahmad Lubis, Muhammad Muhammad, Sri Dewi, Arlina Sriani (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 181
ending page: 194
doi: 10.64344/hry.v1i2.70

Maqāṣidī's Approach to Qiwāmah and Nafaqah
type: item
description: This study reviews the concepts of qiwāmah (husband's leadership) and nafāqah (maintenance obligation) in Islamic family law through the maqāṣid al-sharī'ah approach as an effort to find gender justice in the context of the modern Muslim family. Historically, both concepts have often been interpreted hierarchically and patriarchally, which has an impact on the inequality of roles and rights between men and women. This research aims to reinterpret the meaning of qiwāmah and nafāqah based on the principles of maqāṣid al-sharī'ah such as ḥifẓ al-nafs, ḥifẓ al-nasl, and ḥifẓ al-'ird, so as to give birth to a more substantive and contextual understanding. Using a qualitative-descriptive method based on literature studies, this study examines classical and contemporary sources, including the thought of al-Ghazālī, Ibn 'Āshūr, and Jasser Auda. The results of the study show that the maqāṣidī approach is able to shift the meaning of qiwāmah into a collective moral responsibility and nafāqah as a participatory economic responsibility. These findings confirm that gender justice in Islamic family law is not a form of liberalization, but rather the actualization of the sharia's benefit-oriented goals (maṣlaḥah). This research makes a conceptual contribution to the development of contemporary Islamic law methodologies and offers a basis for reforming family law norms in Indonesia to be more responsive to the values of equality and justice
subject: Articles
  topic: section
subject: Maqāṣid al-Sharī'ah
  topic: keywords
subject: Qiwāmah
  topic: keywords
subject: Nafāqah
  topic: keywords
subject: Gender Justice
  topic: keywords
subject: Islamic Family Law
  topic: keywords
creator: Abdurrohman Awalul
creator: Putri Mawariza
creator: Jefry Ardian Syah
creator: Nuranisah Nuranisah
rights: Copyright (c) 2025 Abdurrohman Awalul, Putri Mawariza, Jefry Ardian Syah , Nuranisah Nuranisah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 161
ending page: 179
doi: 10.64344/hry.v1i2.69

The Concept of Public Financial Policy in Islam Abu Ubaid al-Qasimy's Perspective
type: item
description: The public financial management system includes state revenues and expenditures which include kharaj, zakat, jizyah, ushur, and ghanimah. This system aims to create justice and optimize state revenue. Second, Abu Ubaid emphasized the importance of fair, transparent, and community-friendly distribution of public finances, as well as maintaining the balance of economic power to reduce inequality. The application of these principles requires fair policies, strict supervision, and the use of public funds to meet social needs, in order to achieve social justice and stability in society. This research uses a library research approach to explore the concept of public financial policy in Islam from the perspective of Abu Ubaid al-Qasimy. This method was chosen because it allows for an in-depth study of a wide range of relevant literature, including primary texts such as the Kitab al-Amwal by Abu Ubaid al-Qasimy as well as secondary literature that discusses his thoughts.
subject: Articles
  topic: section
subject: Abu Ubaid al-Qasim bin Salam
  topic: keywords
subject: Financial Policy
  topic: keywords
subject: Public Financial Management
  topic: keywords
subject: Public Finance Distribution
  topic: keywords
creator: Ali Ridho
creator: Muhammad Fariz Hazirin
rights: Copyright (c) 2025 Ali Ridho, Muhammad Fariz Hazirin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 131
ending page: 159
doi: 10.64344/hry.v1i2.68

The Phenomenon of Patting Sakinah and Its Relationship with Pre-Marriage
type: item
description: The phenomenon of Tepuk Sakinah is a form of religious and cultural expression that develops among the young generation of Indonesian Muslims, especially in pre-marriage activities, sakinah family training, and community-based da'wah programs. This study aims to analyze the symbolic meaning and psychological function of Tepuk Sakinah in forming marriage readiness, as well as examining its conformity with Islamic adab and ethical values. The approach used is library research with qualitative-descriptive analysis, accompanied by a critical analysis of the theory of Social Learning (Bandura), Experiential Learning (Kolb), and the concept of manners in classical and contemporary Islamic ethics. The results of the study show that Tepuk Sakinah is not just a means of entertainment, but functions as a medium for internalizing Islamic moral values through symbolic and affective learning mechanisms. Psychologically, this practice fosters emotional readiness, self-control, and moral awareness which play an important role in the formation of marriage readiness. Meanwhile, in terms of Islamic ethics, Tepuk Sakinah reflects the principle of performative adab, namely the application of spiritual values in the form of communicative and meaningful social actions. This study confirms that the integration between local culture and Islamic values can be an effective strategy in moral- and character-based pre-marriage education. This research has implications for the development of a Cultural Islamic Moral Pedagogy model that can be applied in pre-marriage guidance programs, adolescent da'wah, and culture-based character education. These findings also reinforce the idea that the learning of Islamic values can be packaged creatively, contextually, and humanistically without losing its theological substance.
subject: Articles
  topic: section
subject: Tepat Sakinah
  topic: keywords
subject: Pre-Marriage
  topic: keywords
subject: Islamic Psychology
  topic: keywords
subject: Islamic Ethics
  topic: keywords
subject: Culture-Based Moral Education
  topic: keywords
creator: Abdur Rouf
creator: Riyadhul Hidayat
creator: Yoga Rifaldi
creator: Ipan Railana
rights: Copyright (c) 2025 Abdur Rouf, Riyadhul Hidayat, Yoga Rifaldi, Ipan Railana (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 119
ending page: 130
doi: 10.64344/hry.v1i2.67

Reconstruction of Political Theory of Islamic Law in The Context of Legal Pluralism in Indonesia
type: item
description: This research is motivated by the dynamics of the relationship between Islamic law and national law in the context of legal pluralism in Indonesia. The plurality of legal systems that include customary law, Islamic law, and positive law poses conceptual and practical challenges in realizing substantive justice. The politics of Islamic law is often perceived as merely an attempt to formalize sharia, even though historically and theoretically it has great potential to become an ethical and moral instrument in the formation of national law. Therefore, this study aims to reconstruct the political theory of Islamic law in order to be able to adapt to the reality of legal pluralism without losing the values of maqāṣid al-syarī'ah. The research method used is a juridical-normative approach with descriptive qualitative analysis of primary and secondary legal sources, including laws and regulations, fiqh siyasah literature, and modern legal political theory. The analysis is carried out through historical, philosophical, and conceptual approaches to trace the evolution of political ideas of Islamic law in the context of modern statehood. The results of the study show that the political theory of Islamic law needs to be reconstructed from a formalist paradigm to a substantive paradigm by emphasizing the principles of benefit, social justice, and the protection of citizens' rights. This reconstruction places Islamic law not as an exclusive system, but as a source of inclusive and dialogical value in the national legal system. Thus, Islamic legal politics in Indonesia can play an active role in strengthening the ethics of legislation and constitutional moral consistency in the midst of legal pluralism
subject: Articles
  topic: section
subject: Islamic Legal Politics
  topic: keywords
subject: Reconstruction
  topic: keywords
subject: Maqāṣid al-Syarī'ah
  topic: keywords
subject: Legal Pluralism
  topic: keywords
subject: Substantive Justice
  topic: keywords
creator: Muthmainah Muthmainah
creator: Ali Mutakin
creator: Abdul Aziz
creator: Samingun Ngalim
creator: Siti Asiah Samman
rights: Copyright (c) 2025 Muthmainah Muthmainah , Ali Mutakin, Abdul Aziz, Samingun Ngalim, Siti Asiah Samman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 91
ending page: 104
doi: 10.64344/hry.v1i2.66

Reconstruction of Grant Practice in Inheritance Distribution
type: item
description: Grants are one of the legal instruments recognized in Indonesian positive law, Islamic law, and customary law, which has the potential to be an effective mechanism in preventing inheritance conflicts and maintaining family harmony. This research aims to reconstruct the concept and practice of grants in inheritance distribution by combining normative, sociological, and jurisprudential dimensions, in order to produce a model of substantive equitable distribution. With a normative juridical approach and socio-legal analysis, this study outlines the definitions of grants and inheritance, the legal foundations of grants, the debate between equal grants and grants according to inheritance provisions, as well as problems that arise at the practice and judicial levels. The results of the analysis show that grants have flexibility that inheritance does not have, especially because they are not limited in proportion and can be given entirely as long as they are carried out during life with the willingness of both parties. Differences of views on the form of grant justice can be harmonized through a substantive justice approach that considers legal aspects, social needs, and family values. This study recommends an integrated technical guideline that integrates grant provisions within the three legal frameworks, consistency of jurisprudence in religious courts, and increased public awareness to implement grants in a transparent and documented manner. These findings are expected to contribute to the development of family law in Indonesia, as well as a reference for inheritance dispute prevention policies based on local wisdom and the principles of justice.
subject: Articles
  topic: section
subject: Grants
  topic: keywords
subject: Inheritance
  topic: keywords
subject: Substantive Justice
  topic: keywords
subject: Family Law
  topic: keywords
subject: Inheritance Conflict
  topic: keywords
creator: Muhlisin Muhlisin
creator: Sahrul Romadhon
creator: Habibah Habibah
creator: Desi Purnama
rights: Copyright (c) 2025 Muhlisin Muhlisin, Sahrul Romadhon, Habibah Habibah, Desi Purnama (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-10-18
publication date: 2025-10-18
starting page: 105
ending page: 117
doi: 10.64344/hry.v1i2.36

The Role of Fatwa of Ulama in Fostering Religious Modernization in The Islamic World
type: item
description: The role of fatwa scholars in understanding Islamic teachings in the modern era is vital in facing the challenges of the development of the times influenced by globalization, technology, and social dynamics. Fatwa scholars are an important instrument to bridge the teachings of Islam with contemporary issues, such as technology, human rights, and social change. Fatwas serve as a guideline that helps Muslims adhere to the principles of Islamic law, while adapting to changing times. This process not only supports a moderate and progressive understanding of religion, but also directs the people in facing new challenges, such as the use of social media, digital transactions, and social ethical issues. However, scholars face a number of challenges in issuing fatwas, including conflicts between tradition and change, differences of opinion between scholars, political influence, and limited access to relevant information. For this reason, a flexible ijtihad approach and the principles of maqasid al-shari'ah are needed that emphasize the benefit of the ummah, so that the fatwas given remain relevant and applicable. Understanding between scholars and the integration of views that are adaptive to the development of the times will produce fatwas that can answer the needs of Muslims in the modern era without abandoning the basic principles of religion. Thus, the fatwa of the ulama plays a very strategic role in directing Muslims towards an inclusive understanding of religion that is responsive to the changing times.
subject: Articles
  topic: section
subject: Fatwa of Ulama
  topic: keywords
subject: Islamic Teachings
  topic: keywords
subject: Religious Modernization
  topic: keywords
subject: Ijtihad
  topic: keywords
subject: Maqasid Al-Shari'ah
  topic: keywords
creator: M. Marwan Jaya Putra
creator: Kumedi Ja’far
rights: Copyright (c) 2025 M. Marwan Jaya Putra, Kumedi Ja’far (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-17
publication date: 2025-04-17
starting page: 75
ending page: 89
doi: 10.64344/hry.v1i1.22

The Deconstruction of Marriage Law in Islam: A Critical Analysis of The Practice of Contract Marriage in The Modern Era
type: item
description: The practice of contract marriage or muwaqqat marriage raises complex problems in the contemporary Islamic legal and ethical order. This article examines this phenomenon from the perspective of classical and contemporary jurisprudence, maqāṣid al-syarī'ah, as well as positive legal regulations in Indonesia. This study shows that contract marriage is not only contrary to the principle of mitsāqan ghalīẓan in Islam, but also has social implications that are detrimental to women and children, especially due to the absence of legal protection. The disharmony between Islamic law and national law exacerbates this situation, exacerbated by the absence of explicit regulations prohibiting the practice. A deconstructive approach to marriage law is needed to dismantle the permissive legal structure against covert exploitation. Through the framework of maqāṣid al-shari'ah and progressive Islamic ethics, this article offers a new legal construction that is just, responsive, and in favor of vulnerable groups. The results of this study are expected to make a real contribution to the advocacy of family law policies based on the values of substantive justice and the protection of human rights.
subject: Articles
  topic: section
subject: Contract Marriage
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Maqāṣid al-Syarī'ah
  topic: keywords
subject: Exploitation of Women
  topic: keywords
subject: National Marriage Law
  topic: keywords
creator: Fitri Mustafa
creator: Fokky Fuad
creator: Putri Mawariza
creator: Habib Suthon
creator: Jhon Kenedy Aziz
rights: Copyright (c) 2025 Fitri Mustafa, Fokky Fuad , Putri Mawariza , Habib Suthon , Jhon Kenedy Aziz (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-17
publication date: 2025-04-17
starting page: 51
ending page: 74
doi: 10.64344/hry.v1i1.14

John Rawls' Theory of Justice and Its Relevance in the Formulation of Community Property Division Policy in the Contemporary Era
type: item
description: The problem of justice in the division of joint property after divorce has become increasingly complex in the contemporary era, along with social, economic, and legal changes. This article discusses John Rawls' theory of justice, especially the principle of justice as fairness, and its relevance in formulating joint property division policies. The purpose of this study is to examine the extent to which Rawls' theory can provide a normative framework in assessing and improving joint property division policies to be more equitable. The method used is qualitative research with a juridical-philosophical approach, through literature analysis of Rawls' works and positive legal regulations in force in several countries, including Indonesia. The research findings show that Rawls' principles of justice, especially the difference principle and the principle of equal freedom, can be used to build a joint property division system that pays attention to the balance between individual rights and protection of economically vulnerable parties. In conclusion, the formulation of joint property division policies based on Rawls' theory will encourage the creation of a legal system that is not only legalistic, but also guarantees substantive justice for both parties. Therefore, the integration of Rawlsian justice values ​​in legislation is very relevant to answer the challenges of justice in the dynamics of contemporary society.
subject: Articles
  topic: section
subject: Theory of Justice
  topic: keywords
subject: John Rawls
  topic: keywords
subject: Division of Community Property
  topic: keywords
subject: Contemporary Era
  topic: keywords
creator: Heri Sulaiman
creator: Lusi Marwati
creator: Salman Alfarezi
creator: Tri Sulistiowati
creator: Aris Machmud
rights: Copyright (c) 2025 Lusi Marwati, Helvis Helvis, Salman Alfarezi, Tri Sulistiowati, Aris Machmud (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-17
publication date: 2025-04-17
starting page: 25
ending page: 36
doi: 10.64344/hry.v1i1.13

Distributive Justice in the Perspective of Islamic Law and Its Implementation in Shared Property Disputes
type: item
description: The issue of justice in the distribution of joint property after divorce is still a crucial issue in Indonesia, both in the practice of religious justice and in the life of the Muslim community. This article discusses the concept of distributive justice from the perspective of Islamic law and its implementation in the settlement of common property disputes. The purpose of this study is to analyze the extent to which the principles of distributive justice derived from Islamic teachings, such as proportional justice, benefits, and gender equality, are applied in the practice of sharing common wealth. The method used is library research with a normative qualitative approach, examining some of the data obtained and then analysis is carried out by examining how the principles of distributive justice are formulated in Islamic legal theory and how their implementation is reflected (or even neglected) in the practice of resolving joint property disputes in court. The findings of the study show that in Islamic legal theory, the division of common property emphasizes the principle of justice based on the contributions and needs of each party, rather than merely equal distribution. In practice, the implementation of this principle often encounters obstacles, both due to the limitations of proof of economic contribution and cultural bias factors that are still strong in the community and the legal apparatus. In conclusion, the application of distributive justice in common property disputes requires a deep understanding of the principles of maqāṣid al-sharī'ah and innovation in proving contributions, so that the goal of substantive justice is truly achieved in every court decision.
subject: Articles
  topic: section
subject: distributive justice
  topic: keywords
subject: Islamic law
  topic: keywords
subject: common property
  topic: keywords
subject: judicial disputes
  topic: keywords
creator: Taufiq Ramadhan
creator: Habib Ismail
creator: Khusnul Khotimah
creator: Muhamad Ridho Maulana
creator: Ramzi Durin
rights: Copyright (c) 2025 Taufiq Ramadhan, Habib Ismail , Khusnul Khotimah, Muhamad Ridho Maulana (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-17
publication date: 2025-04-17
starting page: 11
ending page: 23
doi: 10.64344/hry.v1i1.12

Women's Resistance to Polygamy: Gender Studies on Social Dynamics and Islamic Law
type: item
description: The practice of polygamy in Muslim societies is often a tug-of-war between Islamic legal norms, local culture, and modern gender consciousness. This article discusses women's resistance to polygamy with a gender study approach and an analysis of social dynamics and Islamic law. The main issue raised is how women respond to polygamy in the contemporary social context, as well as the extent to which Islamic law provides a space for justice for women in the practice. The purpose of this study is to understand the forms of women's resistance, the factors that influence it, as well as to evaluate the relevance of the principle of justice in polygamy from a gender perspective. The method used is qualitative research based on library research, by analyzing primary sources such as jurisprudence, tafsir, and Islamic legal documents, as well as secondary sources from contemporary gender studies. The findings suggest that women's resistance to polygamy is not only rooted in experiences of emotional and economic injustice, but is also influenced by the increasing awareness of gender rights in Islam. Meanwhile, some interpretations of classical Islamic law are considered not fully responsive to the principle of substantive justice for women. In conclusion, women's resistance to polygamy is part of the social dynamics that encourage the reinterpretation of Islamic teachings in order to realize more proportional gender justice in the modern era.
subject: Articles
  topic: section
subject: Polygamy, Gender, Women's Resistance, Islamic Law
  topic: keywords
creator: Desma Hariani
creator: Nuraida Fitri Habi
creator: Ghufron Maksum
creator: Budi Shafrizal
creator: Afin Farna
rights: Copyright (c) 2025 Desma Hariani, Nuraida Fitri Habi , Ghufron Maksum , Budi Shafrizal , Afin Farna (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-17
publication date: 2025-04-17
starting page: 37
ending page: 50
doi: 10.64344/hry.v1i1.11

The Dilemma of Modernity: Value Conflict in The Application of Customary Criminal Law in Multicultural Society
type: item
description: Modernity has brought significant changes in social, cultural, and legal structures in various parts of the world, including in multicultural societies. One of the main challenges that arise is the conflict of values in the application of customary criminal law. Customary criminal law, which has long been an integral part of traditional people's lives, now faces pressure from a modern legal system that tends to be universal and based on human rights. This study aims to analyze the dilemmas arising from the tension between the two legal systems, focusing on how customary criminal law is applied in a multicultural society, where diverse cultural and religious values often clash. In this context, the application of customary criminal law often faces challenges in maintaining a balance between maintaining local values and accommodating the principles of modernity, such as gender equality, individual rights, and social justice. This research suggests the need for a more inclusive and dialogical approach between customary law and state law in order to create a legal system that is responsive to cultural diversity, without neglecting the basic principles of human rights.
subject: Articles
  topic: section
subject: Modernity
  topic: keywords
subject: Customary Criminal Law
  topic: keywords
subject: Value Conflict
  topic: keywords
subject: Multicultural Society
  topic: keywords
creator: Rahmad Lubis
creator: Helvis Helvis
creator: Desi Purnama
creator: Nur Rohim Yunus
creator: Aliyeva Patimat Shapiulayevna
rights: Copyright (c) 2025 Rahmad Lubis, Heri Sulaiman, Desi Purnama (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-04-17
publication date: 2025-04-17
starting page: 1
ending page: 10
doi: 10.64344/hry.v1i1.1