al-Rasῑkh: Jurnal Hukum Islam

Taklik Talak as a Form of Reforming Islamic Family Law in Indonesia

2025-11-13T12:23:59+00:00

In the context of family law in Indonesia, taklik talak (divorce by mutual consent) is a legal reform that aims to protect the rights of wives and address the imbalances that often occur in divorce cases. However, the effectiveness of this instrument is often hindered by low legal literacy and cultural stigmas that perceive taklik talak as a mere formality or even an "ill omen" at the beginning of a marriage. This study aims to analyze taklik talak as a legal reform instrument and evaluate the sociological barriers that prevent its optimal implementation. Using a juridical-normative approach through literature study and critical synthesis of various journals and legislation (including the Compilation of Islamic Law), this research yields three main findings. First, taklik talak is a written legal innovation that serves as a dual protection tool with a preventive function (daf’ al-mafāsid). Second, this instrument effectively realizes gender justice by ensuring the fulfillment of the wife's financial rights as regulated in Article 149 of the KHI. Third, the optimization of the public interest (maṣlaḥah) in taklik talak is still hampered by sociological challenges, such as taboo views in society that trigger a gap between progressive regulations and field reality. The conclusion indicates that sociological intervention through in-depth education is required to shift public perception so that taklik talak is understood as a family risk management tool to protect women's dignity.

Analysis of Maslahah mursalah on the Problem of Absentee Land Ownership in Gresik Regency

2026-01-12T09:23:54+00:00

Although Government Regulation Number 41 of 1964 explicitly prohibits absentee land ownership, the practice of agricultural land control by owners domiciled outside the sub-district remains prevalent, particularly in Gresik Regency. This study aims to analyze the factors contributing to the persistence of absentee land practices in Wonosari Hamlet, Banyuurip Village, and to review its implications from the Maslahah mursalah perspective. This research employs a juridical-empirical method with a sociology of law approach. Data were obtained through field observations and in-depth interviews with landowners, village officials, and the National Land Agency (BPN). The results indicate that the dominant factors driving absentee ownership are economic investment motives by urban residents (Surabaya) and weak land administration supervision at the village and sub-district levels. From the Maslahah mursalah perspective, this practice contradicts the principle of public interest as it undermines the preservation of wealth (hifz al-mal) and life (hifz al-nafs) of the local community. The abandonment of productive land deprives local tenant farmers of economic access, triggering unemployment and agrarian structural inequality. Therefore, a revitalization of the local government’s role in enforcing land redistribution sanctions is necessary to achieve substantive agrarian justice.

Implementation of Akad Salam in Improving Efficiency and Customer Satisfaction in Logistics and Trading Businesses in South Kalimantan

2025-10-20T07:22:54+00:00

The high dynamics of the global economy necessitate adaptation by trading SMEs, while Islamic principles offer innovative instruments such as the Salam contract, which has the potential to stabilize cash flow but faces logistical and supply chain challenges. This study aims to analyze the implementation of the Salam contract in improving business efficiency and customer satisfaction, as well as examining the company’s strategies in overcoming resulting obstacles. The research utilizes a qualitative approach with a case study method at CV. Satui Jaya Makmur, involving in-depth interviews, observation, and documentation for data collection. The findings indicate that the Salam contract provides contractual certainty and transparency, significantly enhancing customer loyalty and satisfaction, alongside increased operational efficiency through cash flow stability. The company addresses logistical hurdles through strengthening supplier partnerships and predictive inventory management, supported by digital innovation and enhanced Sharia human resource competence. It is concluded that the implementation of the Salam contract is effective in achieving economic and ethical goals, providing a tangible contribution to strengthening Sharia-based SME management.

Ruqyah Syar'iyyah as an Alternative to Non-Litigation Mediation in Domestic Conflicts

2026-03-07T07:55:03+00:00

Mediators in court are often constrained by formal rules, limiting their ability to explore the root causes of conflict in depth. This situation causes mediation in court to tend to fail to achieve peace. The purpose of this study is to describe and analyze Ruqyah Syar'iyyah as an effort to resolve family conflicts. This study uses qualitative research with a case study approach. Ruqyah is perceived as a more humane, non-confrontational method that is more in line with the cultural values of the local Muslim community. research shows that in Bojonegoro there is Qur'anic Healing Indonesia (QHI), a ruqyah institution that handles various issues, not only spiritual matters but also family conflicts, opening opportunities for religious institutions, religious counselors, and family mediators to develop a mediation model that combines a spiritual and communicative approach that is humane, contextual, and capable of strengthening the emotional relationship between couples. This limitation shows the need for alternative approaches outside the formal litigation system, giving rise to non-litigation mediation as an approach that is considered more flexible and responsive in resolving family conflicts. Ruqyah Syar'iyyah is seen as capable of providing peace of mind and opening the religious awareness of couples in conflict. This method of ruqyah syar'iyyah (QHI) has the disadvantage of being rarely successful in cases of polygamy, but it has the advantage of being successful in cases of quarrels.

Reconstructing the Criminal Liability of Security Forces for Firearms Misuse from the Perspectives of Positive Law and Islamic Criminal Law

2026-03-10T07:07:33+00:00

The use of firearms by security forces constitutes an extraordinary exercise of state authority because it is directly related to the protection of citizens' right to life. However, in practice, the use of lethal force often results in casualties outside of real threats, raising the issue of the criminal liability of security forces. This study aims to analyze the criminal liability for firearms misuse by security forces from the perspectives of Indonesian positive law and Islamic criminal law and to compare the two to determine the limits of the legitimacy of the state's use of lethal force. The study employs normative legal methods, drawing on statutory, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through deductive reasoning and systematic interpretation. The results show that positive law assesses liability based on the elements of intent or negligence, and on justifications such as self-defense. In contrast, Islamic criminal law assesses liability based on the classification of multiple errors: ‘amd, shibh al-’amd, and khaṭā’, which are oriented towards protecting life (ḥifẓ al-nafs). A comparison of the two shows that positive law provides legal certainty. In contrast, Islamic criminal law provides an in-depth moral evaluation. The integration of the two approaches results in a model of criminal accountability that treats the use of firearms as a limited authority subject to both legal and ethical controls, thereby strengthening officials' accountability within the criminal justice system. This study contributes theoretically by integrating positive criminal law and Islamic criminal law into a comprehensive model of criminal liability, combining juridical and moral evaluations. Practically, it offers a framework to strengthen law enforcement accountability and prevent impunity in the misuse of firearms.

Sharia-Based Marketing Strategy in Increasing the Competitiveness of SMEs: A Phenomenological Study of Business Actors in North Lampung

2026-03-10T07:01:44+00:00

Small and Medium-Sized Enterprises (SMEs) play a strategic role in supporting national economic growth and strengthening community-based economic resilience. However, many SMEs still face challenges in developing effective marketing strategies to enhance their competitiveness. In the context of Islamic economics, sharia-based marketing offers an alternative approach that integrates ethical, spiritual, and business values. This study aims to analyze the implementation of sharia marketing strategies and their contribution to improving SMEs competitiveness in North Lampung. The research employs a qualitative approach with a phenomenological method to explore the lived experiences of SMEs actors in applying sharia marketing principles. Data were collected through in-depth interviews, observation, and documentation involving selected SMEs entrepreneurs who have implemented Islamic business values. The findings reveal that the implementation of sharia marketing is reflected in honesty (ṣidq), trustworthiness (amanah), fairness (‘adl), transparency in transactions, and ethical digital promotion. These values strengthen consumer trust, build customer loyalty, and create value-based differentiation in the market. However, SMEs also face several challenges, including limited digital literacy, lack of sharia marketing training, and competitive market pressures. The study concludes that sharia-based marketing strategies not only function as ethical business guidelines but also serve as a sustainable competitive strategy for SMEs by integrating spiritual values, business practices, and market competitiveness.

Consistency of the Implementation of PERMA Number 5 of 2019 in the Marriage Dispensation Decision: A Child Protection Perspective

2026-03-10T07:04:06+00:00

Child marriage is still a serious problem in the marriage legal system in Indonesia even though the age limit for marriage has been raised to 19 years through Law Number 16 of 2019. One of the loopholes that allows the practice of child marriage to continue to occur is the existence of a marriage dispensation mechanism that is decided by the court. This study aims to analyze the consistency of the application of PERMA Number 5 of 2019 in the marriage dispensation decision and the legal basis used by judges in considering the application. This study uses normative legal research methods with a legislative approach and a case approach. The results of the study show that judges are generally guided by Law Number 16 of 2019, Law Number 1 of 1974, fiqhiyyah rules, and PERMA Number 5 of 2019 which emphasizes the principles of the best interests of children, justice, utility, and legal certainty as stipulated in Article 2. However, the application of these principles is not completely consistent. In practice, the judge's judgment is often influenced by the maslahah approach, especially in the case of out-of-wedlock pregnancies that are considered urgent reasons. As well as economic factors and visual health assessments. In addition, the Child Protection Law has not been consistently used as a basis for legal considerations. Therefore, it is necessary to strengthen the perspective of child protection in the practice of marriage dispensation justice in order to support the prevention of child marriage more effectively.

Digital Intimacy and Marital Authority in Contemporary Muslim Families: Reconfiguring Consent and Obedience in the Age of Social Media

2026-05-04T06:12:01+00:00

The disruption of information technology has deconstructed the boundaries of domestic privacy, giving rise to a virtual dimension that is prone to triggering trust crises when traditional expectations of obedience clash with the autonomy of cyberspace. In response to this condition, this research aims to reconfigure the concepts of consent, marital authority (qawwamah), and obedience (ta'ah) in contemporary Muslim families facing the challenges of digital intimacy. This study employs a qualitative method based on library research with a socio-legal approach, utilizing the analytical framework of Maqāṣid al-Sharī'ah. The findings indicate that a rigid understanding of authority in the digital age has the potential to spawn domestic authoritarianism. Obedience no longer means the unilateral, total surrender of gadget privacy; rather, it must be negotiated through the principle of mu’asyarah bil ma’ruf (living together in kindness) to prevent the occurrence of digital nushuz—a new form of emotional neglect caused by screen addiction and phubbing behavior. In conclusion, household integrity in the era of disruption can only be maintained through a transformation from physical surveillance control to the establishment of a participatory digital marital agreement. This research provides a theoretical contribution by expanding the meaning of nushuz into the digital realm and offers practical guidance for marriage counseling institutions in responding to technology-based domestic disputes.

The Slow Living Lifestyle as an Instrument of Maqāṣid al-Sharī‘ah in Maintaining Muslim Family Resilience

2026-05-02T06:47:41+00:00

This study aims to analyze the relationship between the principles of slow living and maqāṣid al-syarī‘ah in maintaining the resilience of Muslim families. Amid the acceleration of modern life, which often triggers domestic tension, the concept of slow living offers a spiritual and social paradigm oriented toward balance, simplicity, and mindfulness. This research employs a normative legal method with conceptual and philosophical approaches. The primary data sources include the Qur’an, Hadith, the Compilation of Islamic Law (KHI), as well as classical and contemporary Islamic legal literature. The analysis is conducted descriptively and analytically by interpreting the values of maqāṣid al-syarī‘ah particularly hifẓ al-nafs (protection of life), hifẓ al-‘aql (protection of intellect), and hifẓ al-nasl (protection of lineage) as theological and ethical foundations for implementing slow living. The findings indicate that the principles of slow living are not in conflict with Islamic law; rather, they represent an actualization of spiritual values such as zuhd (asceticism), qana‘ah (contentment), and tawāzun (balance) in family life. In conclusion, the integration of a slow living lifestyle can serve as a normative strategy for strengthening the resilience of Muslim families in the digital era.

Long Distance Marriage among Academic Lecturers: A Maqāṣid al-Sharī‘ah Analysis of Spousal Rights and Obligations

2026-03-13T13:22:59+00:00

The phenomenon of long-distance marriage (LDM) among academic faculty members is on the rise due to career mobility, further studies, and the demands of the higher education profession. However, previous research has primarily focused on psychological aspects, communication, or family resilience in general, while studies that specifically examine academic faculty members as a professional group characterized by high mobility through the perspective of maqāṣid al-syarī‘ah remain limited. This study addresses this gap by analyzing LDM practices among academic faculty through the fulfillment of spousal rights and obligations based on the principles of hifẓ al-dīn, hifẓ al-nafs, hifẓ al-‘aql, and hifẓ al-nasl. The study employs a qualitative approach with a descriptive-analytical field study design, utilizing in-depth interviews with faculty members engaged in LDM, documentation, and normative analysis grounded in maqāṣid al-syarī‘ah. The results indicate that the sustainability of LDM is not solely determined by physical proximity but by the couple’s ability to reconstruct the fulfillment of rights and obligations through communication, role distribution, career support, and religious commitment. . The main findings reveal the existence of adaptive qiwāmah, a pattern of household leadership that remains oriented toward sharia responsibilities but is implemented flexibly in accordance with the demands of an academic profession. These findings indicate a contextual reinterpretation of the obligations of husbands and wives without neglecting the primary objectives of sharia. The novelty of this research lies in the development of the concept of adaptive qiwāmah based on maqāṣid al-syarī‘ah as a framework for understanding professional Muslim families. This research has implications for strengthening contemporary family fiqh as well as the need for higher education policies that are more responsive to the balance between academic careers and family resilience.

The Synchronization of Customary Practices and Sharia in the Marriage Traditions of the Banjar Community

2026-04-12T12:59:29+00:00

Marriage in Indonesian society is often not solely based on Islamic law but is also influenced by customary practices that have been passed down through generations. This raises questions regarding the extent to which such customs are aligned with the principles of Islamic law, particularly within the Banjar community in Tembilahan, Indragiri Hilir Regency. This study analyzes the synchronization between custom (adat) and Islamic law (sharia) in the marriage traditions of the Banjar community in Tembilahan. It examines how customary practices remain consistent with Islamic legal principles while also strengthening social relations and kinship ties (silaturahmi). This research employs a qualitative method with a descriptive-analytical approach, using interviews, observations, and documentation as data collection techniques. The findings indicate that the marriage traditions of the Banjar community do not contradict Islamic law; rather, they function as a form of ‘urf ṣaḥīḥ (valid custom), as long as they are based on mutual consent (antarāḍin), do not impose excessive financial burden, and do not contain prohibited elements such as polytheism (shirk) and extravagance. Practices such as jujuran reflect a social system rooted in cultural values while still maintaining legitimacy within the framework of Islamic law. Furthermore, the integration of custom and sharia demonstrates that Islamic law serves as the primary foundation for the validity of marriage, while custom enriches its social and philosophical dimensions. These findings are in line with the objectives of Maqāṣid al-Sharī‘ah, particularly in preserving lineage (ḥifẓ al-nasl) and honor (ḥifẓ al-‘irḍ). Overall, the marriage traditions of the Banjar community in Tembilahan reflect a comprehensive harmonization between custom and Islamic law within the framework of local Islamic wisdom.