Ahkam: Jurnal Hukum Islam

Women, Law, and Maqashid Syari’ah: An Analysis of Protection in Indonesia and Malaysia

2025-11-29T09:16:49+07:00

This study aims to analyze the concept of women's protection as implemented in the legal systems of Indonesia and Malaysia through the perspective of maqashid syari’ah. This is because women are a vulnerable group, prone to discrimination, violence, and limited access to justice. In the context of positive law, for example, both countries have regulatory instruments to provide protection for women, such as the Law on the Elimination of Domestic Violence (PKDRT Law) in Indonesia and the Domestic Violence Act 1994 in Malaysia. However, in reality, there is still a gap between the idealism of the law and the practice of protection. Using a qualitative-comparative approach, this study compares the concepts and principles of women's protection in Indonesia and Malaysia with reference to the fundamental theory of Islamic law (maqashid syari’ah). As a result of the study, this study shows that Indonesia and Malaysia place the protection of women as part of the fulfillment of basic rights, despite differences in legal approaches, institutional structures, and policy implementation. This study also emphasizes that the integration of maqashid syari’ah values into the national legal system can be strengthened through the legitimization of women's protection to create a legal system that is fair, responsive, and inclusive of contemporary challenges. This study also opens up space for reflection on the development of contemporary Islamic law that is not only normative but also serves as a solution in facing the dynamics and challenges of the modern world.

Eclecticism and Non-Systematic Approaches in the Transformation of Indonesian Islamic Marriage Law

2025-11-29T09:18:26+07:00

This article analyzes the transformation of Islamic marriage law in Indonesia by highlighting the characteristics of legal eclecticism and the non-systematic approach in its formation and implementation. The study employs a socio-normative approach, which views law as a normative system and a social reality within Indonesian society. Data were obtained from primary legal materials such as the Compilation of Islamic Law (KHI) and Law on Marriage, as well as secondary materials including scholarly research and contemporary literature on Islamic law. The findings reveal that Islamic marriage law in Indonesia is eclectic, combining various fiqh traditions with principles of modern national law. This is evident in the regulation of marriage guardianship (wali) that merges Syafi'i and Hanafi views, child custody (hadhanah) that balances parental rights, and the regulation of polygamy and divorce through the courts, which integrates classical fiqh norms with modern notions of justice. Meanwhile, the practice of religious courts demonstrates a non-systematic approach, as judges interpret the law contextually by referring to other statutes such as the Child Protection Law, Law on Human Rights, and the Law on the Elimination of Domestic Violence. This cross-system approach illustrates that Indonesian Islamic law is open, adaptive, and progressive, capable of bridging religious values, national law, and social justice.

Halal Product Assurance in Indonesia: A Comparative Study of Law No. 33/2014 and Qur’anic Verses Al-Māidah 88

2025-11-29T09:20:32+07:00

This study aims to examine the relevance of Law No. 33 of 2014 on Halal Product Assurance (the Halal Product Assurance Act) to the halal values contained in Qur’anic verse Al-Māidah 88 through a comparative analytical approach that assesses the alignment between Islamic principles and the implementation of positive law in Indonesia. The research employs a qualitative library research method, using primary sources consisting of Qur’anic verse Al-Māidah 88 and Law No. 33 of 2014, and applies content analysis to connect national legal provisions with the Qur’anic principles of halal and tayyib. The findings indicate that the Halal Product Assurance Act comprehensively reflects the principle of halālan ṭayyiban by providing legal certainty, protection, and quality assurance for Muslim consumers, ranging from ingredient procurement, production processes, storage, and distribution, to halal labeling. These results affirm the Act’s contribution to reinforcing the legal foundation and Islamic values within Indonesia’s halal product assurance framework. The study recommends strengthening the implementation of the Act through enhanced synergy among BPJPH, MUI, LPH, and halal auditors, as well as increasing outreach efforts to business actors and the public to foster greater awareness of the importance of consuming halal products.

Harmonization and Islamic Law Perspective on Endogamous Marriage as a Proactive Strategy to Prevent Divorce in the Coastal Community of Pamekasan, Madura

2025-11-29T09:21:56+07:00

Marriage is one of the most important institutions that has various forms of traditions. The marriage tradition that has become a tradition among the people of Madura is endogamous marriage, which is significant in preventing divorce. In Addition, Islamic law also provide room to view various perspectives on the practice of endogamous marriage as an effort to unite individuals within a particular social, cultural, or ethnic group as a proactive effort to avoid divorce. This focus will discuss the social structure in preventing divorce among coastal communities, socia lawl solidarity in the tradition of endogamous marriage, and the supporting and inhibiting factors in the tradition of endogamous marriage. This research uses a qualitative field approach with a case study research type. The data collection technique uses observation, interview, and documentation techniques, while the data analysis uses data reduction, data presentation, and conclusion drawing. The results of this study are that the social structure in endogamous marriage prevents divorce with social stability, trust, familiarity, and cultural influence. Social solidarity in the tradition of endogamous marriage among Lembung coastal communities is strengthened by strengthening family relationships and maintaining social order. While the driving factors in the tradition of endogamous marriage by maintaining cultural identity, social cohesion, as well as social control, and inhibiting factors in the tradition of endogamous marriage with social change, economic culture, and social inequality between local communities.

The Legal Force of the Constitutional Court's Decision on the Impeachment Process from the Perspective of the State of Islamic Law and Politics

2025-11-29T09:28:29+07:00

This study highlights the existence of a legal vacuum caused by the lack of clear and explicit regulations governing the legal force of Constitutional Court (MK) decisions in the impeachment process of the President and Vice President. The uncertainty regarding whether MK’s ruling is binding or merely advisory creates ambiguity in constitutional practice and opens opportunities for political intervention. This situation weakens the principle of legal certainty and risks turning the impeachment mechanism into a tool of political contestation rather than a constitutional safeguard. The purpose of this study is to examine in depth the legal force of the Constitutional Court’s decision within the impeachment process in Indonesia, especially when viewed through the framework of the rule of law. Using normative legal research methods supported by legislative, comparative, and conceptual approaches, this research evaluates the scope of MK’s authority and the constitutional principles that should guide impeachment procedures. The findings indicate that MK’s decision must be final and binding (erga omnes) to reinforce its position as the guardian of the constitution and protector of democratic governance. Strengthening the binding nature of MK’s decision is essential to maintain institutional balance among state organs and prevent impeachment from being dominated by political interests. Furthermore, this study draws relevance from the concept of the Mazhalim Court in Islamic law, which prioritizes substantive justice and accountability of leaders. This comparison encourages the refinement of Indonesia’s impeachment procedural law to ensure that justice, not politics, remains the primary foundation of constitutional processes.