al-Rasῑkh: Jurnal Hukum Islam

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

Sulfianti Irma Pai'pinan — 2026-04-12

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

Si Yusuf Al Hafiz — 2026-04-12

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

Masnah Nur Husnah — 2026-04-12

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

M. Fatkhul Alim — 2026-04-14

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

Fathan Wahidan Syamsul Rizal — 2026-04-14

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

M. Makhrus Ali — 2026-05-02

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

Tuti Munawarah — 2026-05-05

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.