Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum

Understanding Indonesia's Baby Bust: Demographic Implications of Marriage Law Reform and Islamic Legal Perspectives

Yulizain Putra, Misi Anggraini; Elfia, Zulfan — Tue, 30 Jun 2026 00:00:00 +0700

Indonesia has recently experienced declining marriage and fertility rates, raising concerns about an emerging baby bust phenomenon and its long-term demographic implications. This study examines the relationship between Marriage Law No. 16 of 2019, which raised the minimum marriage age to 19 years, and the decline in marriage rates from the perspective of Islamic jurisprudence. Using a qualitative juridical-empirical approach, the study analyzes classical fiqh texts, including Al-Umm, Al-Hidayah, Al-Mudawwanah, and Al-Mughni, alongside marriage statistics published by Statistics Indonesia (BPS) from 2015 to 2023. The findings indicate a significant decline in marriage registrations after the enactment of the law, particularly among young adults, potentially contributing to delayed family formation and lower fertility rates. Classical Islamic jurists generally regard marriage as a means of protecting lineage (hifz al-nasl) while recognizing public welfare (maslahah) as a basis for legal regulation. The study argues that the law supports child protection objectives but may generate unintended demographic consequences when not accompanied by adequate social and economic support. It recommends strengthening premarital education, expanding support programs for young families, and enhancing policy coordination between government institutions and religious authorities.

Implementation of Sharia Peer To Peer (P2P) Lending reviewed from the Principles of Tabadul Al Manafi and An Taradin

Riki Maulana, Neng Cahya Komala — Tue, 30 Jun 2026 00:00:00 +0700

The rapid advancement of technology has significantly simplified access to various services, particularly within the financial industry. One notable development is the emergence and rapid growth of sharia-based peer-to-peer (P2P) lending fintech in Indonesia. This sub-sector represents an innovative approach adopted by financial institutions to facilitate financing and investment activities through digital platforms, thereby enhancing efficiency, accessibility, and financial inclusion. Nevertheless, in the context of Islamic economics, the pursuit of benefit (maslahah) remains the fundamental objective of all economic activities and must be consistently upheld. Accordingly, sharia-based P2P lending fintech is required to comply strictly with Islamic legal and ethical principles to ensure that its operations do not deviate from sharia norms. This study seeks to evaluate and examine the mechanisms of sharia-compliant P2P lending fintech by applying the principles of tabādul al-manāfi’ (mutual exchange of benefits) and an-tarāḍin (mutual consent among contracting parties). Using a normative legal research method, this study analyzes relevant statutory regulations, sharia guidelines, and legal doctrines. The analysis is conducted through a conceptual and evaluative approach, aiming to assess the extent to which existing fintech practices align with established sharia principles and contribute to equitable and ethical financial transactions.

Disparity in Judges' Considerations in Divorce Suits Due to Lack of Support (Study of Decisions No. 130/Pdt.G/2026/PA.Wsb and No. 95/Pdt.G/2026/PA.Wsb)

Mukhammad Khabibullah Idris — Tue, 30 Jun 2026 00:00:00 +0700

This study examines the disparity of judges' legal reasoning in divorce lawsuits due to lack of maintenance, focusing on Decision Number 130/Pdt.G/2026/PA.Wsb and Decision Number 95/Pdt.G/2026/PA.Wsb at the Religious Court of Wonosobo. The problem addressed is the inconsistency in interpreting the element of “failure to provide maintenance,” which leads to different legal constructions despite similar grounds of claim. This research employs a qualitative method with a normative juridical approach using secondary data, including court decisions, statutory regulations, and relevant literature. The analysis uses a comparative descriptive method based on the theory of legal certainty, justice, and expediency. The findings reveal that both decisions consider philosophical, juridical, and sociological aspects; however, they differ in legal reasoning. Decision Number 130 emphasizes the violation of taklik talak and applies khulu' with compensation, while Decision Number 95 focuses on continuous marital conflict and results in talak ba'in sughra. These differences indicate that judges exercise discretionary power in interpreting legal norms based on factual circumstances, particularly regarding the duration and impact of neglect. Consequently, such disparities affect legal certainty and the level of protection afforded to wives. The study concludes that clearer parameters are needed in assessing “failure to provide maintenance” to ensure consistency, fairness, and stronger legal protection within the religious court system.

Law Enforcement Barriers to Cross-Border Cybercrime in Indonesia: A Comparative Study with the Philippines

Fadhli Muhaimin Ishaq — Tue, 30 Jun 2026 00:00:00 +0700

Cross-border cybercrime poses significant challenges to national law enforcement because digital offenses transcend territorial jurisdictions and rely on volatile electronic evidence. In Indonesia, enforcement remains hindered by fragmented jurisdiction, limited digital forensic capacity, weak mutual legal assistance mechanisms, constrained extradition arrangements, and incomplete harmonization of domestic law with international standards. This article examines these challenges through Lawrence Friedman’s Legal System Theory, focusing on the dimensions of legal structure, legal substance, and legal culture. Employing normative legal research with statute and comparative approaches, the study analyzes primary legal materials, including Law No. 1 of 2024 amending the Electronic Information and Transactions Law, Law No. 27 of 2022 on Personal Data Protection, Law No. 1 of 2023 on the Criminal Code, and the 2001 Budapest Convention on Cybercrime, supported by relevant secondary sources. The findings reveal that Indonesia’s enforcement difficulties arise not only from incomplete legal harmonization but also from weak procedural mechanisms for cross-border electronic evidence, limited institutional capacity, inadequate digital forensic resources, and ineffective international cooperation. A comparison with the Philippines, the only ASEAN member state to have ratified the Budapest Convention, shows that ratification facilitates access to international cooperation and capacity-building programs but does not automatically ensure effective enforcement, as significant implementation gaps remain. The study therefore recommends Indonesia’s conditional ratification of the Budapest Convention through reservation mechanisms that safeguard digital sovereignty, particularly regarding Article 32, accompanied by targeted amendments to the Electronic Information and Transactions Law and the Personal Data Protection Law to strengthen domestic enforcement capacity.

Religious Court Judges’ Ratio Decidendi on Excessive Murabahah Penalties: A Rawlsian Analysis

Aji Saifulloh Aji, Muhammad Fakhril Umam — Tue, 30 Jun 2026 00:00:00 +0700

This study analyzes the judges’ ratio decidendi in Decision Number 156/Pdt.G/2024/PA.Smn concerning the imposition of late-payment penalties exceeding the principal amount in a murabahah financing contract and examines its conformity with John Rawls’ theory of justice. This normative legal research employs case and conceptual approaches. The primary legal material is Decision Number 156/Pdt.G/2024/PA.Smn, while secondary materials consist of DSN-MUI Fatwas and relevant scholarly literature. Data were analyzed qualitatively through legal interpretation of the judges’ reasoning and the principles of justice underlying the decision. The findings show that the judges’ ratio decidendi was based on the principle of pacta sunt servanda, emphasizing contractual legal certainty and the binding force of agreements. Consequently, the court ordered the payment of the remaining financing obligation of Rp209,700,000 and a late-payment penalty of Rp226,800,000. However, from the perspective of John Rawls’ theory of justice, the decision does not fully reflect substantive justice because it inadequately considers the defendants’ economic hardship caused by the Covid-19 pandemic. The decision therefore reflects legal-formal justice and highlights the need to balance legal certainty, proportionality, and protection of vulnerable parties in resolving Islamic economic disputes.

The Role of Fiqh Principles in Resolving Contemporary Family Issues

Samsul Arifin — Tue, 30 Jun 2026 00:00:00 +0700

This article examines the role of fiqh principles in addressing contemporary family issues arising from globalization, technological development, and changing social dynamics that increasingly challenge the realization of a sakinah, mawaddah, wa rahmah family. Using a qualitative approach with a literature study design, the research analyzes primary sources, including Ihya’ Ulumiddin and Al-Faraidul Bahiyyah, supported by books, journal articles, and other scholarly works on Islamic family law. Data were collected through library research and analyzed descriptively to identify the application of relevant fiqh principles to contemporary family disputes. The findings reveal three principal fiqh maxims that provide a methodological framework for judicial decision-making. First, la darara wa la dirara justifies divorce in cases of domestic violence to eliminate harm. Second, al-mashaqqah tajlib al-taysir enables judges to prioritize children's welfare by allowing flexibility in child custody decisions when strict legal rules create hardship. Third, dar’u al-mafasid muqaddam ‘ala jalb al-masalih guides judges in balancing competing interests in marriage dispensation cases by prioritizing the prevention of greater harm over the attainment of potential benefits. These principles demonstrate that fiqh maxims remain relevant as adaptive legal instruments for resolving contemporary family issues while preserving the objectives of Islamic law.

Beyond Legalism in Maqasid Al-Shariah: Integrating Theology, Philosophy, and Law for Contemporary Global Governance

Sidiq Siadio, Dahyul Daipon, Novelantika — Tue, 30 Jun 2026 00:00:00 +0700

This study responds to the lack of an integrated epistemological framework in Maqasid al-Shariah scholarship, where theological, philosophical, and legal dimensions are frequently treated as discrete and self-contained domains. Prevailing approaches tend to prioritize legal formalism or adopt fragmented disciplinary perspectives, thereby constraining the capacity of maqasid to address contemporary global concerns such as human rights, social justice, and ethical governance in a systematic manner. The article seeks to reconstruct Maqasid al-Shariah through an interdisciplinary epistemological framework that coherently integrates theology, philosophy, and law. Methodologically, the study employs qualitative conceptual analysis grounded in a maqasid-oriented epistemology, complemented by a critical–comparative examination of selected classical scholars (al-Ghazali, al-Shatibi, and Ibn Rushd) alongside representative contemporary maqasid discourses. The analysis is guided by clearly articulated conceptual criteria, including modes of theological legitimation, the role of philosophical rationality in ethical justification, and the degree to which maqasid is confined to juridical instrumentalization. The findings indicate that the persistent separation of these disciplines generates three analytically identifiable structural limitations: theological rigidity, philosophical marginalization, and legal reductionism. These categories are derived inductively from recurring patterns of reasoning and argumentation observed across the examined texts, rather than from a priori normative assumptions. Collectively, these limitations inhibit maqasid from operating as a dynamic, context-responsive, and globally relevant normative framework.This study contributes to maqasid scholarship by proposing a reconstructed model in which theology furnishes normative legitimacy, philosophy secures rational universality, and law operationalizes ethical principles within institutional and regulatory contexts. By clarifying both the epistemological foundations and the analytical basis of maqasid, the proposed model advances Maqasid al-Shariah as a comprehensive paradigm capable of engaging complex global ethical challenges beyond the confines of traditional legalism.

Tijārah in Colonial and Contemporary Qur’anic Translations: Meaning Transformation and Implications for Islamic Economic Law Understanding

Muhamad Saiful Mukminin, Muhammad Habibie Alfath — Sat, 04 Jul 2026 00:00:00 +0700

Differences and changes in meaning in the translation of Qur’anic terms have the potential to influence the understanding of religious concepts, particularly in the field of Islamic economic law. Using a qualitative approach, this study explores the transformation of the meaning of tijārah in Qur’anic translations across two versions, namely the colonial and contemporary translations, and analyzes the factors causing this transformation as well as its implications for the understanding and construction of Islamic economic law. The data of this study consist of the word tijārah in the Qur’an along with its two translation versions, namely the colonial translation by Mahmud Yunus and the contemporary translation by the Ministry of Religious Affairs of the Republic of Indonesia. The data collection technique employs observation and note-taking methods, while data analysis is conducted through data reduction, data display, and conclusion drawing. The findings reveal three patterns of transformation, namely stability, de-explicitation, and lexical shift. These transformations are influenced by translation ideology, language development, socio-historical context, and the epistemology of Islamic law. This study concludes that translation is ideological in nature and has implications for the understanding of contracts (ʿaqd), the concept of profit, legal flexibility, and the space for contemporary ijtihād in Islamic economic law.

The Principle of Non-Discrimination in Islamic Criminal Law: An Analysis of Qur’anic Verses on Theft

Muhammad Baihaqqi Assalimi, Agustiar, Ahmad Zikri — Tue, 30 Jun 2026 00:00:00 +0700

This study examines the principle of non-discrimination in Islamic criminal law, specifically through a comprehensive analysis of the wording of Qur’anic verses related to the criminal act of theft (sariqah). The main issue of this study stems from the discourse regarding the simultaneous mention of male and female perpetrators, which is intended to represent equality; however, the grammatical structure of the verse prioritizes the mention of the male subject. Therefore, the central research question is whether this textual structure implies gender bias or, conversely, inherently affirms equality before the law. This study employs a qualitative method based on a literature review. Data analysis was conducted by integrating approaches from the sciences of tafsir, uṣūl al-fiqh, and maqāṣid al-syarī‘ah, and was further supported by an examination of empirical data. The results of the study indicate that the verse explicitly underscores the universality of binding criminal liability without distinguishing by gender, in line with the principle of equality before the law. As for the phrasing that prioritizes men, it must be understood contextually based on the empirical reality of perpetrator dominance, biological-psychological predispositions, and socio-economic responsibilities. Thus, the construction of this verse is not discriminatory but rather reflects substantive justice in Islamic law. Theoretically, this finding implies the importance of integrating a linguistic approach (naṣṣ) with sociological realities to refute gender-biased narratives. This study recommends a holistic contextual approach for legal scholars and practitioners in interpreting Sharia texts to avoid misconceptions of gender injustice.

Application of The Law and The Implications of Imposing Chemical Castration in Judgment No. 895/Pid.Sus/2023/Pn.Bjm From The Perspective of Legal Positivism

Wahyu Kurniawan, Ulfia Pamujiningsih — Tue, 30 Jun 2026 00:00:00 +0700

The phenomenon of implementing chemical castration as an additional penalty in the Banjarmasin District Court Decision Number 859/Pid.Sus/2023/PN Bjm has sparked serious debate within the realm of criminal law, particularly when examined through the perspective of legal positivism, which emphasizes the supremacy of written norms over moral and social considerations. Utilizing a normative juridical approach through case and statute analysis, this study examines the consistency of legal application by judges in sentencing perpetrators of sexual violence against children. The results of the analysis indicate that while the application of Article 81 paragraph (3) of Law Number 17 of 2016 was appropriate for the principal penalty, the imposition of chemical castration lacked a valid legal basis as stipulated in Article 81 paragraphs (4) and (5). This discrepancy poses significant issues regarding the principle of legality, legal certainty, and the protection of human rights. Conceptually, these findings affirm that a rigid application of legal positivism has the potential to obscure substantive justice values, which should serve as the essence of every judicial decision.