The Application of Kafā’ah and Weton in the Socio-Legal Development of Marriage Law in East Java

Kafā’ah (equivalence) constitutes a fundamental principle in Islamic marriage law, aimed at ensuring compatibility between the bride, the groom, and their respective guardians. In East Java, this principle intersects with the cultural practice of calculating weton a Javanese astrological system used to predict harmony and marital success demonstrating how religion and local traditions converge in shaping marital norms. This study aims to analyze the integration of weton practices into the concept of kafā’ah within the socio-legal framework of Islamic marriage law in Indonesia. Employing a qualitative approach, it draws on socio-legal analysis of primary Islamic legal sources, local customs, and state regulations. The data were obtained through document analysis, literature review, and interviews with religious leaders and community figures in East Java. The findings reveal that weton calculation is widely regarded as a cultural expression of kafā’ah, reflecting communal efforts to preserve marital harmony. Although rooted in tradition, it is often interpreted through a religious lens, thereby shaping community perceptions of marriage readiness. This dynamic interplay between Islamic jurisprudence and Javanese wisdom not only sustains local traditions but also enriches the understanding of compatibility in Indonesian marriage law. The study emphasizes the importance of incorporating cultural context into legal development, illustrating how practices such as weton serve to bridge the normative framework of Islamic law with the socio-cultural realities of Indonesia

Inheritance in the Mandailing Community: Value Changes from a Legal Culture Perspective

This study explores the concept of marbagi dos in relation to the changing inheritance practices of the Mandailing community, viewed through the lens of legal culture. Marbagi dos, which literally means equal in the Mandailing indigenous people, has traditionally had a very important social dimension and equality. The type of research methodology used in this study is qualitative with a descriptive approach. The research data was obtained through interview techniques and participatory observation. In-depth interviews will be carried out with traditional leaders, scholars, and community members who play a direct role in the inheritance process. Using a legal culture approach, this study analyzes how the changes in values in Mandailing society are influenced by Islam which has implications for changes in inheritance practices in Mandailing, as well as how the community balances customary traditions with modern equality demands. The results of the study show that this inheritance transformation is a reflection of the adaptation of the Mandailing people to social changes, while maintaining cultural values within the framework of customary law. The implications of this study suggest that customary law is dynamic and capable of adapting to Islamic law and state law, highlighting the need for synergy between these three legal systems in crafting more inclusive policies

Non-compliance in the Distribution and Management of Zakat: An Islamic Legal Perspective

This study investigates the operations of unlicensed zakat institutions, with particular attention to problems such as the absence of accountable reporting, the misallocation of zakat funds away from legitimate beneficiaries (mustahik), and the emergence of fraudulent claimants (jockeys). This study adopts a qualitative approach with an exploratory design to understand the phenomenon of zakat institutions\u27 non-compliance with sharia principles, particularly in the context of legality and governance. The findings reveal structural and operational shortcomings contributing to non-compliance and misalignment with existing policies. The study advocates a shift in research orientation from predominantly ritualistic dimensions toward justice-oriented and religiously humanist policy frameworks. It emphasizes the need to prioritize equitable distribution over technocratic classifications of mustahik while resisting communal or political domination, particularly in political networks. The politicization of zakat, particularly in the context of the 2024 election, has undermined its spiritual and social objectives. Ensuring compliance with sharī‘ah principles is therefore crucial for establishing legal certainty, strengthening public trust, and enabling zakat to realize its full potential as a transformative instrument for community empowerment in Indonesia

A Progressive Effort to Strengthen the System of Interconnection of Court Decisions on the Rights of Women and Children After Divorce

The rights of women and children after divorce are frequently disregarded by former husbands, despite the existence of court judgments that obligate them to provide financial support to their ex-wives and children. This reality reflects a persistent gap between judicial rulings and their practical enforcement. Therefore, the development of an interconnected system is essential to ensure the effective implementation of divorce decisions, particularly in securing post-divorce entitlements for women and children. In response to this issue, this study seeks to examine progressive efforts aimed at reinforcing interconnectivity mechanisms within court rulings on divorce cases. This research adopts a normative legal methodology combined with a qualitative approach. Data were collected through an extensive review of relevant literature, and the findings were analyzed using a descriptive qualitative method. The results reveal that enhancing the interconnectivity system necessitates not only technical improvements but also a paradigm shift in legal thinking. Judges must be encouraged to adopt a more humanistic perspective that prioritizes gender equity and child welfare in their decisions. To realize this goal, several concrete actions are required, including the integration of legal data systems, the digitalization of court rulings, continuous professional development for judges, and the formulation of specific regulations governing the enforcement of financial support through interconnected mechanisms. A comprehensive and collaborative approach of this nature can ensure that the rights of women and children in the aftermath of divorce are not only protected but realized in a fair and substantive manner. The implications of this study span across legal, institutional, sociological, and public policy dimensions.

Legalization of Water Quality Standards as a Guarantee of Protection of the Right to Sustainable Life

Water is essential for all forms of life, and its importance is also emphasized in Islamic teachings. The quality of water that is not guaranteed can affect health or even the validity of worship. Base on the problem, the existence of water becomes important, especially in efforts to ensure the hygiene of water quality standards in order to provide security for its users. The existence of water requires guaranteed protection from supply to distribution. In fact, it is not governed by strict regulations that ensure legal certainty. This study aims to describe the level of urgency of legalizing water and sanitation quality standards in the form of higher and legally binding regulations. Empirical legal methods by taking primary and secondary data sources in conducting problem analysis. Observations and interviews were conducted to obtain primary data, while secondary data was obtained from legislative and conceptual approach are used to strengthen arguments in ensuring that the concepts offered remain in the correct legal corridor. The findings show the inconsistency of the government in recognizing the existence of water that is important for life but the implementation of systematic quality standard supervision, even the application of sanctions for violators cannot be carried out because the legal instrument is only limited to the regulations of the Minister of Health. The need to establish regulations in the form of Government Regulations on water quality standards and sanitation is a crucial consideration for safeguarding public health and well-being

The Shift of Islamic Shari’a in Economy: Banks, Foreign Investment and the Ottoman Collapse

At the height of the Ottoman Empire\u27s glory, there was no need for a usury system, as it was prohibited by Islamic law. This Empire stands on an independent economy in line with Islamic law. Military agitation was everywhere; debt after debt appeared and even forced to borrow by donor countries and persuaded by Germany when World War I was about to erupt. This study aims to examine the shift in the role of Islamic law in the economy during the shaky Ottoman government in 1855-1923. This research is library-based with a qualitative approach; the information gathered comes from reviewing literature or written sources, such as books and previous studies, which are then processed and interpreted descriptively. We found that Banking in the Ottoman Empire was unnecessary because it was also not profitable for the Ottomans at a critical time. On the other hand, donor countries will benefit. Turkey is conditioned to continue to be in debt in various ways, such as rebellions in the Balkans, the Crimean War, and the last is world war I. The Debt Collection Agency (OPDA) has functioned as a collector of surplus natural resources and medium-sized industries in Turkey without the approval of the Government. They consist of foreign bankers with printed money that is no longer controllable and causes inflation, not to mention the circulation of foreign currency. Turkey\u27s stability ended after preventing the establishment of a Jewish state, the owner of the most considerable capital in Europe.This article discusses the potential dangers of foreign banks operating in a country, including risks to the local economy, financial stability, and national sovereignty

Divergence in Qibla Direction Determination: A Fiqh-Based Analysis and Its Societal Implementation

This study explores the social reality surrounding discrepancies in Qibla direction among mosques in Palembang City, which, based on astronomical and scientific assessments, have proven to be inaccurate. The research aims to analyze community responses to these directional inconsistencies and to propose solutions that integrate modern technology and astronomical science into religious practice in a more thoughtful and contextually sensitive manner. Employing a sociological framework rooted in ethnographic and cultural anthropological approaches, the study collected data through Qibla recalibration observations, in-depth interviews, and literature review. The findings were analyzed using a descriptive qualitative method, complemented by astronomical and scientific perspectives. The results reveal that the misalignment of Qibla direction in many mosques largely stems from reliance on approximate traditional methods (taqribi), shaped by local wisdom, and from limited understanding of precise astronomical calculations and digital calibration tools. Nevertheless, the community exhibits a socially harmonious and religiously tolerant stance, prioritizing Islamic brotherhood (ukhuwah Islamiyah) over strict alignment with the Shafi\u27i school’s doctrinal precision. As a constructive step forward, this study suggests the need for community-based astronomical education and hands-on training in Qibla calibration applications. Such efforts can help improve directional accuracy while preserving social cohesion and preventing potential conflicts within religious communities

Legal Enforcement Against Non-Compliance by Ex-Husbands with Court Orders on Iddah and Mut’ah Support

The failure of a husband to comply with a Religious Court’s ruling on nafkah ‘iddah and mut’ah raises important concerns about the actual enforceability of such decisions, the legal consequences of non-compliance, and the effectiveness of existing mechanisms for enforcing judgments that have attained final and binding legal status. This study aims to scrutinize, from a juridical standpoint, the enforcement mechanisms applied in response to former husbands’ noncompliance with judicial decrees concerning the disbursement of iddah and mut’ah entitlements. This research uses an empirical juridical method with a descriptive qualitative approach because it aims to understand legal phenomena in depth through narrative analysis. The primary dataset comprises insights obtained through interviews with a panel of judges from the Banten High Religious Court, former wives deprived of iddah and mut’ah support, and former husbands who failed to execute court-mandated financial obligations pertaining to said supports. Secondary materials encompass adjudications issued by religious courts, statutory instruments, scholarly volumes, legal periodicals, juridical essays, and expert commentaries. The research findings show that one of the effective law enforcement models is the addition of a clause in the verdict containing property guarantees that can be confiscated if the husband defaults. In addition, the contribution of law enforcement can be realized through the issuance of special regulations that strengthen the execution of decisions. This study highlights the urgent need to strengthen the enforceability of court rulings and to harmonize existing legal frameworks to ensure consistent compliance with post-divorce nafkah and mut’ah obligations

Beyond Islamic Legal Principle: Social Justification of Adolescent Forced Marriage after Sexual Intercourse

The social justification for the practice of forced marriage among adolescents engaged in premarital sexual activity reveals a clear contradiction between prevailing social norms and the principles of Islamic law. However, this phenomenon tends to be overlooked in previous studies. In addition to responding to the shortcomings of existing studies, this study also aims to explain the characteristics of forced marriage practices for adolescents who engage in sexual activity outside of marriage. This research is a descriptive qualitative study that uses a case study approach. The findings indicate that forced marriage among adolescents is frequently employed as a means of safeguarding both individual and familial honor within the prevailing social value system of the community. There are three main findings that support this conclusion. First, the decision to arrange a forced marriage is usually made by the family without considering the teenager\u27s personal wishes. Second, the reason this practice is accepted by the community is because it is believed to uphold shared moral values and standards of proper behavior. Third, the controversies that arise reflect the contradictions between the social system and the principles of Islamic law. The significance of this study rests in its contribution to enriching the discourse of Islamic law through a social reality-based approach, thereby creating space for contextual reinterpretation of the law with an emphasis on the welfare of its subjects

Crypto Currency Investment from an Islamic Law Perspective: An Overview of Guidelines and Considerations

This study seeks to offer an in-depth examination of cryptocurrency investments through the lens of Islamic law, with particular emphasis on assessing the Shariah compatibility of widely used digital assets such as Bitcoin and Ethereum. The novelty of this research lies in its systematic exploration of key issues such as the speculative nature, intrinsic value, and potential for financial harm (gharar) associated with cryptocurrencies. This study adopts a qualitative approach, drawing upon primary sources of Islamic jurisprudence namely the Quran, Hadith, and classical scholarly interpretations while also incorporating contemporary fatwas, insights from prominent Islamic finance scholars, and expert interviews to inform the analysis. The results highlight divergent viewpoints on the permissibility of cryptocurrency investments, with some scholars asserting their compliance under specific conditions, while others deem them non-compliant due to risks of speculation and uncertainty. The study concludes by proposing a set of actionable guidelines for Muslim investors, underscoring the significance of grasping the intricacies of Shariah principles in cryptocurrency investments and highlighting the necessity for continuous scholarly engagement in this evolving domain