Tasyri' : Journal of Islamic Law

Keadilan Substantif dalam Sengketa Agraria

Daniel Natanael Lumban Toruan — 2025-07-03

This article examines the issue of buying and selling land under the hand that creates tension between formal legality and substantive justice in agrarian justice practice, with a focus on Decision Number 291/Pdt.G/2021/PN.Smn in Berbah District, Sleman. The practice of buying and selling land without involving the Land Deed Making Officer (PPAT) and without registration at the Land Office is contrary to Article 37 paragraph (1) of Government Regulation Number 24 of 1997, so that legally positive cannot be used as a basis for the transfer of rights. This research uses a juridical-normative approach with a critical analysis of agrarian law norms, civil law rules, and maqāṣid al-sharī'ah—especially ḥifẓ al-māl (protection of property) and substantive justice (al-'adālah al-jawwāniyyah). The results of the study show that the panel of judges in the decision applied legal logic that is not only textual-formal, but also responsive to social realities and the good faith of the parties. This reflects an integrative effort in bridging normative law and the values of justice in society through the maqāṣid approach. This article emphasizes the urgency of reforming the understanding of public law and the need to reposition the role of the state in ensuring substantive justice in agrarian disputes involving small people.

Audit Negara dalam Perspektif Maqāṣid al-Sharī‘Ah

Raden Abyan Aradea Narayana — 2025-07-15

The management and accountability of state finances is a fundamental aspect in realizing a fair and trustworthy government, as affirmed in the principles of maqāṣid al-sharī'ah, especially ḥifẓ al-māl (protection of property). In the practice of corruption criminal justice in Indonesia, the Audit Board (BPK) and the Financial and Development Supervisory Agency (BPKP) are two institutions that are often used as a reference in determining state losses. This article analyzes the dualism of authority between BPK and BPKP in two cases: the construction project of the Kingmi Mile 32 Church in Mimika (Case Number 03/Pid.Sus-KPK/2024/PN.Jkt.Pst) and the procurement of Munjul land by Perumda Pembangunan Sarana Jaya (Case Number 7092 K/Pid.Sus/2022 Jo. 20/Pid.Sus-TPK/2022/PT DKI). This study uses a qualitative method with a normative juridical approach, and integrates Gustav Radbruch's theory of legal certainty with the principles of maqāṣid al-sharī'ah. The results of the study show that the existence of two audit institutions with overlapping authorities causes legal uncertainty that can affect the objectivity of judges. From the perspective of maqāṣid al-sharī'ah, this situation threatens the achievement of justice and protection of public property. Therefore, regulatory and ethical affirmation is needed so that the state audit mechanism is in line with the principles of transparency, substantive justice, and protection of the public interest within the framework of Islamic law.

Rekonstruksi Hak dan Kewajiban Anggota Keluarga dalam Mewujudkan Keharmonisan Rumah Tangga

Hikmatullah Hikmatullah — 2023-07-15

A harmonious family is not just a dream, but a real goal that can be achieved through awareness, commitment, and joint efforts between family members. The household is not only a physical place to live, but also a space to build togetherness, trust, and love that are able to survive in the face of various life dynamics. This research aims to reconstruct the understanding of the rights and obligations of family members in realizing domestic harmony based on the perspective of Islamic law. The method used is normative legal research with a statute approach, which intensively studies legal literature, especially the Compilation of Islamic Law (KHI), as primary legal material, and is supported by secondary legal material. The results of the study show that household harmony (sakinah, mawaddah, and rahmah) is not solely determined by material aspects, but rather by the fulfillment of rights and obligations proportionally by each family member. True happiness is born from an attitude of mutual understanding, trust that is maintained, and commitment in carrying out each other's roles and responsibilities. This finding provides a conceptual contribution for married couples to rearrange the pattern of family relations that are just and sustainable in accordance with the principles of Islamic law.

Hak Asasi Manusia dalam Dua Lensa

Mia Fitriah elkarimah — 2023-07-15

This study explores the philosophical foundations, principles, and comparisons of human rights from an international perspective (Universal Declaration of Human Rights/UDHR) and Islam (sourced from Medina Charter, and Cairo Declaration). Through literature review and descriptive-comparative analysis , it was found that although both perspectives acknowledge the inherent dignity of humans and basic rights, there are fundamental differences in the sources (natural dignity vs. divine revelation) and limitations of rights (e.g., related to freedom of religion and expression). Historically, both Western and Islamic traditions have developed frameworks for the protection of rights, with the Medina Charter as an early progressive document in the context of pluralism. The dynamics of modern human rights enforcement reveal a paradox between universalism and cultural relativism. However, through dialogue and harmonization—particularly through flexible reinterpretation of Islamic concepts such as ijtihad—it is possible to bridge these differences. This study concludes that the recognition and implementation of human rights can be strengthened globally and in the Islamic world, encouraging cross-cultural cooperation for equitable and sustainable social development.

Perlindungan Hak Nafkah Anak dari Perkawinan Siri

Rinrin Warisni — 2023-07-15

The increasing prevalence of unregistered (siri) marriages in Indonesia has raised serious social concerns and legal challenges, particularly regarding the protection of children's rights. Children born from siri marriages are often deprived of their legal entitlements, especially the right to financial support (nafaqah), due to the absence of official marriage registration that provides legal certainty. This study aims to analyze the role of itsbat nikah (marriage validation) as a legal mechanism to guarantee the child’s right to maintenance in the context of siri marriages. Using a normative juridical approach and library research method, the study draws from national regulations—such as Law No. 1 of 1974 and the Compilation of Islamic Law (KHI)—as well as Islamic legal doctrines and the framework of maqāṣid al-sharī‘ah. The findings reveal that the lack of legal documentation places children in a vulnerable and discriminatory position, especially in accessing their rights. Marriage registration is a crucial step toward ensuring justice and legal protection for children. Within the Islamic legal perspective, safeguarding children's welfare aligns with the objective of preserving lineage (ḥifẓ al-nasl) and promoting family well-being. Itsbat nikah services are thus viewed as a strategic state policy that addresses the legal gaps arising from unregistered marriages. This study recommends strengthening the accessibility, affordability, and efficiency of itsbat nikah procedures as a tangible form of state responsibility in securing justice for children and upholding the protective function of the law.

Hak Reproduksi Perempuan dalam Islam

Winarni Winarni — 2023-07-15

Women's reproductive rights are an inseparable part of human rights, firmly guaranteed within Islamic teachings. This article aims to examine the normative foundations of women’s reproductive rights in Islam and to analyze the psychological consequences of neglecting these rights within marital life. This study employs a normative and descriptive-qualitative approach based on library research, drawing from classical and contemporary Islamic legal sources as well as relevant psychological literature. The findings show that Islam offers comprehensive protection for women's reproductive roles. Four fundamental rights are emphasized: the right to choose a life partner, the right to enjoy dignified and healthy sexual relations, the right to make conscious and responsible decisions regarding pregnancy, and the right to raise and care for children in a supportive environment. When these rights are denied—either by the spouse or societal structures—women become vulnerable to serious psychological pressures, including chronic stress, depression, loss of self-worth, and in many cases, divorce as a form of resistance against injustice. Promoting awareness and respect for women’s reproductive rights is essential as part of safeguarding the objectives of Islamic law (maqāṣid al-sharī‘ah), especially the protection of life (ḥifẓ al-nafs) and lineage (ḥifẓ al-nasl). This article recommends gender-based education and spiritual approaches to foster mentally healthy, just, and harmonious family life.

Kajian Fikih terhadap Praktek Gadai Emas di Pegadaian Syariah Sumbawa Perspektif Hukum Islam

Feri Irawan — 2023-07-15

This study aims to examine the practice of gold pawning in Sharia Pawnshops in Sumbawa Regency from the perspective of Islamic law. Gold pawning is a form of sharia-based financing service that is in great demand by the public. However, the implementation of this service contains a number of aspects of fiqhiyyah that need to be studied in depth, especially related to the validity of the contract, the clarity of costs, and the application of the principle of justice in accordance with sharia provisions. This research uses a qualitative approach with a descriptive-analytical method. Data was obtained through in-depth interviews with Sharia Pawnbrokers and customers, as well as literature studies on fiqh literature and regulations related to sharia pawns. The results of the study show that in general, the Sharia Pawnshop of Sumbawa Regency has implemented two types of contracts in accordance with sharia principles, namely the rahn (pawn) and ijarah (rent) contracts. However, there are still several obstacles in the field, such as the lack of public understanding of the contract mechanism used, and the lack of transparency in the imposition of administrative fees, which has the potential to cause doubts (syubhat). Based on fiqh analysis, the practice of gold pawning at Sumbawa Sharia Pawnshops can be categorized in accordance with the principles of Islamic law as long as it avoids the elements of riba and gharar, and upholds the principles of openness and justice. This study recommends increasing Islamic financial literacy for the community and strengthening information transparency by Pegadaian so that this service is more optimal and in line with Islamic legal values.

Implementasi Program Peremajaan Sawit Rakyat (PSR) dalam Perspektif Maqashid Syariah

Hendra Putra — 2023-07-15

The People's Oil Palm Replanting Program (PSR) is a strategic policy of the government to increase the productivity and welfare of oil palm farmers. However, in its implementation, a number of violations of the law were found such as manipulation of data on program participants. This paper aims to review the implementation of the PSR program in West Aceh Regency from the perspective of Islamic law. Using a normative-empirical approach, this study refers to the principles of maqāṣid al-sharīʿah and fiqh siyasah in examining the role of the state in the distribution of justice, the validity of land ownership, and administrative violations. The results show that the PSR program is in accordance with the objectives of Islamic law, especially in the aspects of property protection (ḥifẓ al-māl) and community welfare (taḥqīq al-maṣlaḥah), but there is a need for improved governance to be in accordance with the principles of justice, transparency, and accountability as taught in Islamic law.

Protection and Status of Children Born Outside of Marriage

Khairuddin Khairuddin — 2023-07-15

This study discusses the problem of protection and the position of children out of wedlock in Indonesia and Brunei Darussalam, especially in the context of differences and similarities in legal policies between the two countries based on the perspective of Islamic jurisprudence. Children out of wedlock often face serious legal and social challenges, such as limited recognition of biological fathers, inheritance rights, and inherent social stigma. This research uses a qualitative approach with the library research method. Data was collected from a variety of relevant secondary sources, including scientific journals, law and jurisprudence books, as well as official documents such as national laws and regulations and Constitutional Court rulings in Indonesia. The analysis was carried out comparatively by examining the policy of protection of children out of wedlock in Indonesia and Brunei Darussalam from the perspective of positive law and Islamic jurisprudence. The results of the study show that Indonesia has adopted a relatively more inclusive policy in providing protection for the rights of children out of wedlock through legislative reforms and Constitutional Court rulings. However, its implementation is still hampered by social factors such as societal stigma and low legal awareness. Meanwhile, Brunei Darussalam, which strictly applies Sharia law, shows a tendency towards more limited protection, especially related to the recognition of inheritance rights and the civil status of children out of wedlock. This article concludes that the differences in legal approaches in the two countries reflect the dynamics of Islamic jurisprudence interpretation in the context of modern countries. Both Indonesia and Brunei need to improve public legal literacy and make efforts to reduce social stigma to ensure more effective and equitable protection for children out of wedlock.

Analisis Perspektif Maslahah terhadap Keputusan Pemerintah terkait Pelegalan Alat Kontrasepsi di Indonesia

M. Naufal Addil Wathoni — 2023-07-15

This study analyzes government policies related to the legalization of contraceptives through the maslahah theory, where the government recently legalized contraceptives in Indonesia for school teenagers in Indonesia. This theory examines how the benefits and harms are contained in government policies related to the legalization of contraceptives in Indonesia. As we know that contraceptives function as a means of preventing pregnancy among married couples who hold the concept of family planning. This study uses a literature study approach, where data and documentation are taken from books, articles, journals, research report notes from previous researchers. This study also uses a normative legal research method with a literature study approach. The main sources include classical and contemporary fiqh books, journal articles, and legal reports. This study identifies that this legalization has two dimensions of maslahah: al-mursalah for married couples, meaning that contraceptives for married couples have benefits, namely as a means of preventing pregnancy and al-mulghah for unmarried adolescent users, meaning that if an unmarried couple uses contraceptives to have sex like a husband and wife, it is still counted as an act of adultery. This research offers a new perspective in understanding the relationship between public policy and maqasid sharia.

Aspek Maslahah dalam Praktik Poligami Perspektif Maqasid al-Syari’ah dan Regulasi Hukum Keluarga Islam di Indonesia

Nisrina Durratul Hikmah — 2023-07-15

Polygamy is one of the important issues in Islamic family law that continues to be debated in various circles, both at the academic, social and political levels. In practice, many individuals are unable to fulfill the requirements of justice as stipulated in the Qur'an, so the practice of polygamy often results in negative impacts such as social inequality, gender injustice, and domestic conflict. This article aims to identify aspects of maṣlaḥah in the practice of polygamy from the perspective of maqaṣid al-syari'ah and legal regulations in Indonesia. Using a literature study approach, it is found that polygamy can provide maslahat in the context of protecting women, preserving offspring, social justice, and solving individual problems. However, the achievement of maslahat is highly dependent on the implementation of the principles of justice and responsibility. National regulations such as Law No. 1/1974 and KHI are important normative tools in ensuring the practice of polygamy in accordance with sharia values and the objectives of Islamic family law.

Kontestasi Hukum Islam dan Negara dalam Perda Bernuansa Syariah di Kota Tasikmalaya

Abdul Aziz — 2023-07-15

The implementation of the Regional Regulation with sharia nuances in the city of Tasikmalaya often causes polemics related to the relationship between religious norms and the principle of the state of law that upholds diversity. This study aims to analyze the form, motive, and impact of the Sharia Nuanced Regional Regulation in Tasikmalaya City in the framework of the contestation between Islamic law and the state. The method used is qualitative with a socio-legal approach, through field studies and document analysis, as well as interviews with key legislative actors and religious organizations. The results of the study show that the Regional Regulation reflects more transactional political strategies between local elites and religious groups, rather than purely the normative aspirations of the community. Its application tends to be symbolic and does not have a significant impact on improving the quality of life of the community at large. The implications of these findings underscore the importance of evaluating local legislation to be in line with the principles of non-discrimination, substantive democracy, and the protection of the civil rights of all citizens without exception.

Implementasi Peraturan Bupati Padang Lawas Utara Nomor 24 Tahun 2023 dalam Penyelenggaraan Pilkades Perspektif Siyasah Dusturiyah

Fitriani Harahap — 2025-07-15

The election of the Village Head (Pilkades) is a tangible form of democracy at the local level which should ideally be carried out honestly, fairly, and transparently. However, in its implementation, there are still many irregularities that hurt these democratic values. One of the crucial problems is the occurrence of fraud in the nomination stage of the village head. This study highlights the implementation of the North Padang Lawas Regent Regulation Number 24 of 2023 concerning Guidelines for the Implementation of the Regional Elections, especially in overcoming fraud that occurs in Ujung Batu Jae Village, Ujung Batu District, North Padang Lawas Regency. The fraud that occurs includes the practice of partisanship, injustice, nepotism, and collusion by the election committee, which is contrary to Article 11 paragraph (6) of the Perbup which requires the committee to be independent and impartial. This study uses an empirical legal approach with two analysis methods, namely the statute approach and the case study approach. Data were collected through primary sources (interviews, field observations) and secondary sources (legal documents and Islamic literature). The location of the study was centered in Ujung Batu Jae Village as a representation of cases of violation of regulations in the Pilkades. The research results show that the implementation of this Regent's Regulation has not been optimal. Of the 108 villages scheduled to hold simultaneous village head elections in North Padang Lawas Regency, 105 have completed the stages optimally. However, there are several villages, including Ujung Batu Jae Village, that have experienced serious obstacles due to strong indications of fraud at the nomination stage. The fraud found included the disenfranchisement of certain candidates, administrative manipulation, and the influence of kinship relationships in the committee structure. From the point of view of Siyasah Dusturiyah as part of the fiqh siyasah, violations of the basic principles of Islamic constitutionality were found, namely: 1) Amanah (al-amanah): The committee does not carry out its duties with full responsibility and neutrality. 2) Justice (al-'adl): Certain candidates are treated unequally, which harms the principles of public justice. 3) Public interest (al-maslahah al-'ammah): This fraud has a negative impact on social stability and creates conflicts in society.

Konvergensi Hukum Islam dan Undang-Undang Perlindungan Anak dalam Perkawinan Anak di Indramayu

Arif Fikri — 2023-07-15

The practice of child marriage in Indramayu Regency remains a complex social issue, despite various efforts being made to address it. This study aims to analyze the convergence between Islamic Law and the Child Protection Law in handling child marriage cases in the region, as well as to identify the factors that influence the success or failure of the implementation of both legal systems in protecting children's rights. The method used is qualitative research with a case study approach, where data is obtained through in-depth interviews with relevant informants, field observations, and document and secondary data analysis. The research findings show that although Islamic Law allows child marriage under certain conditions, the Child Protection Law explicitly prohibits it to safeguard children's rights. However, the implementation of both legal systems is often hindered by social, cultural, and economic factors, such as poverty, arranged marriages, and the mental and physical unpreparedness of children for marriage. The synergy between the two in the local context has not been fully optimized, although there have been efforts to strengthen policies from the local government, including the enhancement of education and supervision. Therefore, this study recommends the need to strengthen policies, raise public awareness, and foster synergy between the government, legal institutions, and civil society organizations to prevent child marriage practices and protect children's rights in Indramayu Regency.

Politisasi Identitas dalam Pemilu

Dwi Ria Latifa — 2023-07-15

Indonesia as a multicultural democratic country faces vulnerability to identity political mobilization, especially those rooted in primordial issues such as religion and ethnicity. This phenomenon was prominent in the 2017 Jakarta Regional Election and the 2019 Presidential Election, which showed the increasing social polarization due to digital disinformation and SARA-based campaigns. This situation is a threat to national resilience, as well as showing the insynchronity between the constitutional principle of non-discrimination and the weak campaign regulations in Law No. 7 of 2017. This study uses a mixed approach between normative and empirical. The normative approach is used to analyze the political, legal and regulatory aspects of election campaigns, while the empirical approach is carried out through field studies using data triangulation techniques from official documents, NGO reports, and digital campaign archives. The results of the study show three main findings: (1) The ambiguity of the definition of "identity politics" in election regulations leads to law enforcement that tends to be subjective; (2) The use of digital technology such as deepfakes and political bots contributed to a 300% surge in SARA content during the 2019–2024 period; (3) There is a tension between the principle of freedom of expression and the prohibition of primordial campaigns, which have not been adequately accommodated within a positive legal framework. The discussion linked the findings to the principles of maqāṣid al-sharīʿah, particularly in the aspects of ḥifẓ al-dīn (protection of religion), ḥifẓ al-nafs (protection of the soul), and ḥifẓ al-'aql (protection of reason), as a normative basis to stem the politicization of identity that threatens national resilience. The study recommends progressive revisions to the Election Law, the integration of artificial intelligence (AI) technology in the KPU surveillance system, and the mainstreaming of Islamic values that uphold justice and unity in digital campaigns.

Transformasi Status PT Perorangan Ke PT Konvensional dalam Perspektif Hukum Positif dan Fikih Muamalah

Ayuni Nilam Cahya — 2023-07-25

The change in the status of an Individual Limited Liability Company (PT) to a Conventional PT is a response to the need for legal adjustments for Micro and Small Enterprises (MSEs) that are experiencing business growth. This phenomenon emerged with the enactment of the Job Creation Law which provides ease of establishing a single legal entity, but poses new problems in terms of accountability and governance. This research uses a juridical normative approach with an analysis method of applicable laws and regulations and the integration of the principles of jurisprudence such as mas'uliyyah (responsibility), shirkah (business partnership), and maqāṣid al-syarī'ah (sharia goals). The results of the study show that the transformation of the status of a PT has a significant impact on the organizational structure and legal validity of the company, and demands the application of the principles of asset separation and business transparency that are in line with Islamic values. This study concludes that the change of status from an individual PT to a conventional PT is a strategic step that not only strengthens the legal position of business actors in the eyes of the state, but also brings business practices closer to the principles of justice, responsibility, and benefit as taught in Islamic law.

Perlindungan Hak Kekayaan Intelektual Batik Tirta Suci dalam Perspektif Hukum Positif dan Hukum Islam

Euis Sunaryo — 2025-07-25

The Tirta Suci Kembang Mayang batik motif is a typical cultural expression of the city of Tangerang which was born from the creativity of the Kembang Mayang Batik Studio community. Although it has high philosophical and aesthetic value, this motif has not been officially registered in the Copyright system, even though its use has been widespread in various government activities. This study aims to analyze the legal protection of the batik motif both from the perspective of positive law and Islamic law. The method used is juridical-empirical legal research with a descriptive qualitative approach. Data was obtained through literature studies, interviews with batik artisans, and a review of Law Number 28 of 2014 concerning Copyright. The results of the study show that based on positive law, copyright to motif works arises automatically since they are realized in real form, but registration is still required as legal evidence. From the perspective of Islamic law, the appreciation of intellectual works is based on the principles of justice ('adl), the recognition of property rights (ḥaqq al-milkiyyah), and the prohibition of taking benefits without lawful permission (ghasab). Therefore, both in state law and Islamic law, the use of Tirta Suci batik motifs without moral recognition and economic compensation violates the principles of justice and the exclusive rights of the creator. This study recommends the integration of positive regulation with Islamic legal values as an ethical foundation in protecting local culture-based intellectual property.

Fleksibilitas Hukum Islam dalam Menjawab Tantangan Hukum Keluarga, HAM dan Ekonomi Modern

Safarni Husain — 2025-07-25

Islamic law is known as a divine legal system that has high flexibility in responding to the dynamics of society. In the modern era, challenges in the fields of family law, human rights, and the economy—especially the Islamic finance sector—demand contextual adjustments to keep Islamic law relevant. This article aims to examine how the flexibility of Islamic law is applied in dealing with these challenges through the maqashid sharia approach. This research uses a descriptive qualitative method with a normative-theological approach, through a literature study of classical and contemporary literature. The results of the study show that the principles of sharia maqashid, which include the protection of religion, soul, intellect, descent, and property, are an important foundation in answering modern problems. In the context of family law, the flexibility of Islamic law is reflected in regulatory updates such as the Compilation of Islamic Law (KHI) that is responsive to the needs of women and children. On human rights issues, the principles of justice and respect for human dignity have been embedded in Islamic teachings, although they still face challenges of interpretation. Meanwhile, the economic sector has shown significant success through the growth of an inclusive and adaptive Islamic banking industry. With the approach of sharia maqashid and contextual ijtihad, Islamic law has proven to be able to transform into a legal system that is not only normative, but also solutive and humanist in modern life.

Reformulasi Perubahan Data Jenis Kelamin

Nabil Nizam — 2025-07-25

This study highlights how law can no longer be viewed from a single perspective in the era of globalization. Based on Werner Menski's triangular concept of legal pluralism, which combines the moral-ethical-religious, state, and societal perspectives, this research aims to reformulate the regulation of gender status change in the context of civil registration in Indonesia, ensuring greater legal certainty while grounding itself in religious moral considerations. A normative approach is applied in this study. The main findings reveal that the ratio legis of gender status change aims to protect and recognize the personal and legal status of every citizen. However, the relevance to Menski's triangle theory of legal pluralism is not yet fully reflected in the examination of applications at district courts. Hence, a legal reformulation of the Population Administration Law has become an urgent agenda.

Konsistensi Putusan Hakim dalam Penghapusan Merek oleh Pihak Ketiga

Rizky Amaliah Oetami — 2025-07-25

This study discusses the consistency of judges' decisions in trademark removal cases filed by interested third parties based on Article 74 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study uses a juridical-normative approach with a comparative method of six commercial court decisions that have similar legal substance, but produce different rulings. These inconsistencies are problematic in the context of legal certainty and protection of intellectual property rights. In the perspective of Islamic law, the abolition of a trademark that has not been used for three years without stopping can also be analyzed through the principle of maqāṣid al-sharī'ah, specifically the principle of ḥifẓ al-māl (protection of property). Trademarks as intangible assets are part of assets that must be protected from attempts to impersonate them, forgery, or fictitious registrations. By adding the dimension of Islamic law, this study finds that trademark protection is not only relevant within a positive legal framework, but also in line with the purpose of sharia to preserve property rights and prevent tyranny in commercial transactions. These findings recommend harmonization between positive law and Islamic legal values in the settlement of trademark rights disputes.

Perlindungan Hak Cipta Lagu pada Kasus Penggunaan Backsound Iklan dalam Perspektif Hukum Positif dan Hukum Islam

Meisa Ayudity — 2025-07-25

The use of songs as background sound in commercial advertisements often raises legal issues, especially when done without the permission of the creator. Protection of song copyright is important in guaranteeing the economic and moral rights of creators, both according to positive law and from the perspective of Islamic law. This study aims to analyze the decision No. 991 K/Pdt.Sus-HKI/2022 regarding copyright infringement of the song "Physical Freshness Gymnastics 1988" which was used in unauthorized advertising, as well as examine its relevance in the framework of maqāṣid al-sharī'ah, especially the protection of property rights (ḥifẓ al-māl). The method used is a normative juridical approach with qualitative analysis through literature studies of laws and regulations, court decisions, and contemporary fiqh literature. The results of the study show that the judge in the cassation decision has acknowledged the violation of the economic rights of the creator, but did not adequately accommodate immaterial damages. From the perspective of Islamic law, the act of using works without permission is classified as a form of prohibited property rights violation. This study emphasizes the importance of harmonization between positive law and protection principles in Islamic law in order to strengthen a fair and equitable copyright legal system.

Interfaith Marriage in Contemporary Islamic Family Law

M. Burhanudin — 2025-07-25

Purpose – This study aims to investigate the Fatwa of the 2005 Indonesian Ulama Council (MUI) Number 4 on interfaith marriage, which is based on al-Maslahah al-Mursalah theory, and determine its relevance and contribution to community well-being. This study will investigate how the Indonesian Ulama Council (MUI) sees interfaith marriage and how this fatwa can help achieve benefits while avoiding harm in national life. Methods – This study employs library research methods with a normative approach, with literature data serving as the primary source. In this case, the study focuses on the Indonesian Ulama Council (MUI) Fatwa No. 4 of 2005 on Interfaith Marriages, which is based on the al-Maslahah al-Mursalah theory. Findings – The findings of this study indicate that MUI strictly prohibits interfaith marriage because can destroying faith, social cohesion and family harmony. Several scholar such as Hamka, Quraish Shihab and Musdah Mulia have diverse opinions about interfaith marriages, reflects wider debates regarding modernity in the context of Islamic Law. This research confirms the relevance of fatwas in dealing with contemporary issues while maintaining religious principles and societal dynamics. Research limitation – This research is limited to a normative study regarding the MUI fatwa on interfaith marriage and the role of this fatwa in maintaining public welfare. Given these limitations, future research is expected to expand on the findings of this study by employing an empirical approach that integrates other sciences.