Islamic Boarding School Cooperatives as an Instrument for Empowering the Community\u27s Economy: Analysis of Islamic Economic Law

This study seeks to examine the role of Islamic boarding school cooperatives in fostering community economic empowerment and to assess their alignment with the principles of Islamic economic law. This study is a field study, especially at the Musthafawiyah and Al Abrar Islamic Boarding Schools. Data from Islamic boarding school cooperatives were observed, interviews were conducted with cooperative leaders and members, and relevant documentary data related to cooperatives were collected. The data obtained were then analyzed to identify relevant information. Furthermore, related data were classified and synthesized to obtain a comprehensive picture before being presented in a structured form. The novelty of this study lies in its emphasis on enhancing the economic independence of Islamic boarding schools through the development of cooperatives with diverse business units. This approach enables Islamic boarding schools to move beyond dependence on government funding and actively contribute to community economic empowerment. This study also analyzes Islamic boarding school cooperatives from the conceptual and applied perspective of Islamic economic law in Islamic boarding schools that combine Salafiyah values ​​with community economic development. Based on the analysis of Islamic economic law, practices in Islamic boarding school cooperative business units utilize the principle of murabahah, namely the principle of buying and selling that is free from usury and uncertainty, so that Islamic legal theories in transactions can be directly applied both in Islamic boarding school environments and in the surrounding community. The findings suggest that integrating cooperatives within Islamic boarding schools (pesantren) holds significant potential to enhance inclusive community economic resilience while cultivating an entrepreneurial spirit rooted in contextual and grounded Islamic values

Legal Syncretism in Practice: Acculturation of Islamic and Customary Norms in the Tunggu Tubang Marriage Tradition of Semende

This research explores how local cultural values and Islamic principles blend within the Tunggu Tubang marriage tradition practiced by the Semende community in Muara Enim Regency. The methodology employed encompasses sociological, philosophical, and legal approaches, with data collection conducted through interviews and a literature review related to socio-cultural phenomena and religious texts. The findings indicate that acculturation is a social process through which elements of foreign culture are accepted and integrated into local culture without the loss of their original identity.  Within the Tunggu Tubang tradition, Islamic values and local customs are applied in a complementary manner, allowing both to coexist and be sustained over time. Traditions such as the giving of parbiye and the recognition of the eldest daughter’s role as Tunggu Tubang are acknowledged and respected, reflecting the complex relationship between customary law and Islamic law.  This research also identifies the challenges and opportunities involved in maintaining cultural identity amidst modernity, highlighting the crucial roles of customary institutions and community leaders in safeguarding traditions. The findings offer valuable insight into the way Islamic principles and local traditions, especially the Tunggu Tubang marriage practice in Semende interact and evolve, shaping a social framework deeply rooted in both cultural heritage and religious meaning

Reformulating the Reversal of the Burden of Proof in Corruption Cases: Integrating Positive Law and Islamic Legal Principles

Corruption, as an extraordinary crime, necessitates the application of a reversed burden of proof mechanism. However, its procedural implementation remains problematic and potentially infringes upon the rights of the accused. The urgency of this study lies in the need for a balanced legal reformulation, one that strengthens the effectiveness of anti-corruption efforts while upholding the Islamic conception of justice, particularly the principle of ḥifẓ al-māl (protection of wealth) as an essential element of maqāṣid al-syarī‘ah. This research analyzes theories of criminal evidence, the presumption of innocence, and the balanced probability principle, and further compares them with legal practices in other jurisdictions. The study employs a normative-juridical method combined with statutory, case, comparative, sociological, and futuristic approaches. Primary, secondary, and tertiary legal materials are examined through deductive and inductive reasoning. The findings reveal the necessity of legal reconstruction of Article 37 of the Anti-Corruption Law and Article 77 of the Anti-Money Laundering Law to address legal gaps and to provide procedural guidelines for the application of the reversed burden of proof by prosecutors, defendants, and judges. The existing mechanism lacks standardized evidentiary parameters, resulting in an imbalance between the prosecution and the defense. Instruments such as the State Officials’ Wealth Report (LHKPN) have the potential to strengthen evidentiary processes, yet remain underutilized. Therefore, a legal reformulation is required to establish clear procedural guidelines that integrate the balanced probability principle with the values of maqāṣid al-syarī‘ah. The study recommends revising the Anti-Corruption Law, synchronizing it with the new Criminal Code, and enhancing justice- and welfare-oriented legal instruments

Child-Centered Adjudication: Integrating the Best Interests Principle Into Indonesian Marital Property Distribution

The division of marital property often presents a complex legal dilemma. Greater judicial evaluation usually considers acquisition timing, sources, and separation agreements. Nevertheless, the recent Indonesian jurisprudence, especially the Supreme Court Circular Letter (SEMA) No. 1/2022 and Cassation Decision No. 377 K/Ag/2023 (5 April 2023), requires the introduction of the principle of the best interests of a child, as stipulated in the Child Protection Act, to the adjudication of marital property. This study adopts a qualitative documentary analysis that draws upon primary legal sources, including statutes, circular letters, and court decisions, and is supplemented by secondary academic literature. The analysis demonstrates how normative rules and jurisprudence integrate the child’s best interest into post-divorce asset allocation. The results indicate that a child’s welfare has become a necessary pillar in judicial reasoning, influencing courts to postpone the distribution of marital assets until children reach adulthood. This normative and jurisprudential shift highlights not only legal enforcement but also substantive justice, ensuring children’s decent living conditions. This research contributes by elucidating the legal significance of Decision 377 K/Ag/2023, which reinforces the role of the best interests principle in Indonesian family law and advances a progressive approach to the adjudication of marital disputes

Nusyuz of Husband and Wife in the Maslahah Perspective

Nusyuz often arises when the relationship between a husband and wife loses its harmony. This can lead to prolonged disputes, known as shiqaq, and may even contribute to situations of domestic violence, where the wife is often the one who suffers the most. This article is intended to examine the maslahah aspects contained in nusyuz, both those carried out by husbands and wives in the household. Through the principle of maslahah, nusyuz can not only be resolved but also anticipated and prevented before it arises. Prevention will be easier to do than handling when nusyuz has occurred. This research is normative by using an Islamic legal approach, namely maslahah. The research data comes from the books of ushul al-fiqh, fiqh, tafsir, and other references such as books and articles related to the research theme. All data will be analyzed using descriptive analytic. The findings reveal that nusyuz is a form of disobedience that can be committed by either the husband against his wife or the wife against her husband. The absence of a firm prohibition from the Koran and hadith against nusyuz, does not make its is haram. However, avoiding nusyuz must be done by husband and wife because it is one of the efforts to create benefits. A mutually open attitude between husband and wife through good communication, being able to regulate emotions, carrying out rights and obligations, and avoiding attitudes of superiority, selfishness, authoritarianism and violence towards husband and wife must be carried out so that nusyuz can be avoided and prevented. Making every effort to prevent nusyuz signifies the realization of maslahah, ensuring the well-being and harmony of the marital relationship

Polygamy: A Threat or Opportunity to The Islamic Family? (Sociology and Family Law Perspectives)

This study examines societal perspectives and actual practices related to polygamy within the framework of Islamic teachings. The aim is to understand how polygamy is perceived and practiced in contemporary Muslim communities, as well as the gap between the ideal concept of polygamy in Islam and its reality in social life. The study used a mixed approach, combining analysis of primary data obtained from in-depth interviews with polygamous families of community leaders, academics, and legal practitioners, with a comprehensive literature review. The study\u27s findings reveal a considerable diversity in societal perceptions regarding polygamy. Factors such as education level, religious understanding, and personal experience influence the acceptance of this practice. This study identifies that discussions about polygamy in Indonesia are often problematic with endless pros and cons views. Many wives reject polygamy because they feel that they are victims of their husbands\u27 injustice, with cases of neglect of children of polygamous victims becoming increasingly unsettling. The Indonesian Child Protection Commission even recorded an increase in complaints related to child neglect in the context of polygamous families. Research shows that in practice, polygamy often brings disadvantages, especially for wives and children. This research underscores the importance of conducting a comparative analysis between normative ideals and actual practices, employing a multidimensional framework that integrates legal, social, and psychological perspectives. It also emphasizes the relevance of formulating policy responses to effectively address the emerging issues

The Resilience of Blind Families in Building a Sakinah Family: Adaptive Strategies and the Role of Islamic Values

This study examines how blind couples in Manado, Indonesia, cultivate a sakinah family life that is serene and harmonious despite visual impairment. Using a qualitative case study design, the research engaged four married couples with varying degrees of blindness through semi-structured interviews, non-intrusive observation of daily routines, and brief document reviews. Reflexive thematic analysis identified three interlocking processes of family resilience that anchor these households: (1) meaning making, in which Islamic virtues such as ṣabr (patience), shukr (gratitude), and tawakkul (trust in God) regulate emotion, guide decisions, and sustain hope; (2) communication, marked by de escalation strategies, turn-taking when one spouse is upset, and the creative use of auditory and tactile cues for coordination; and (3) organization, featuring adaptive role-sharing based on actual capacity and health rather than rigid gender prescriptions. Surrounding these processes is a multilayered social infrastructure of support that ranges from kin and neighbors to mosque communities and disability organizations, supplemented by voice-based technologies and informal income strategies. This article presents an operational mapping of sakinah indicators to observable family outcomes, clarifies how paid versus unpaid proximal assistance functions in practice, and shows how faith-informed coping integrates with disability-inclusive support. Policy implications include designing family programs that are both disability-aware and religion sensitive, strengthening local networks that enable independent living, and recognizing flexible caregiving arrangements within households headed by persons with disabilities

Contestation of the Determination of ‘Idul Adha and its Implementation According to Muhammadiyah and Nahdatul ‘Ulama

Muhammadiyah and Nahdlatul Ulama differ in determining the date of Idul Adha, primarily due to the distinct methodologies they employ and the underlying factors contributing to the resulting controversy. The to understand and describe the contestation, methods of determining Eid al-Adha, as well as to analyze the causes of these differences. Uses data from various articles and information related to the determination of Eid al-Adha within the scope of Muhammadiyah and Nahdlatul Ulama. The collected data were analyzed and subsequently compared to generate well-founded conclusions. The research results, Muhammadiyah uses a calculation method with the criterion of wujudul hilal, while the Nahdlatul Ulama uses the Imkanur Rukyat method with the MABIMS criterion, which requires the hilal to be 3 degrees above the horizon. Prioritizes the rukyat method. The cause of this difference lies in the varying interpretations of the hadiths used as the basis for determining the beginning of the Islamic lunar month, which leads to differences in the criteria for the height of the hilal. Muhammadiyah understands the Lafadz “faqduruu lah” in the Hadith to be an order from Allah to calculate the beginning of the month by means of hisab.This is close to results that can provide certainty, because it is calculated by sophisticated methods and technology. Nahdatul ‘Ulama, the wording of the Hadith demands the determination of the beginning of the month in accordance with the rules that Allah has set, by observing the hilal, not by calculations that are purely human thinking. If the hilal is not visible, then the age of the month is 30 days. These methodological differences lead to variations in the observance of Idul Adha, disrupt uniformity in worship practices and the national calendar, and therefore require the Muslim community to exercise caution and wisdom in navigating and managing such differences

Legal Politics of Restricting Access to Online Gambling in Fiqh Siyasah and Saddu adz-Dzariah Perspectives

This research examines how online gambling poses serious threats to the stability and cohesion of family life. Regardless of the individuals involved, its influence often results in psychological harm such as addiction, job loss, family breakdown, indebtedness, and even criminal behavior. These issues call for in-depth examination through normative legal methods combined with real-time case studies, highlighting online gambling as a current and pressing legal issue. This study employs the framework of fiqh siyasah alongside the principle of saddu adz-dzari\u27ah to guide its analysis. From a legal-political perspective, some argue that Indonesia could legalize online gambling to increase state revenue through entertainment taxes. However, this perspective contradicts the principles of siyasah maaliyah within fiqh siyasah, which emphasizes that state income should align with both worldly and spiritual welfare. Accordingly, siyasah dusturiyah underscores the importance of preventing the potential harms (mafsadat) associated with online gambling, in line with the principle of saddu adz-dzari\u27ah, to protect the integrity of families in Indonesia

The Quasi-Judicial Authority of Bawaslu in the Perspective of Das Sollen and Fiqh Siyasah

This study examines the quasi-judicial authority of the General Election Supervisory Agency (Bawaslu) in handling administrative violations and disputes related to the electoral process, using das sollen and fiqh siyasah as the analytical framework. Bawaslu’s authority is formally designed to reinforce legal certainty, yet its implementation still reveals significant imbalances. Evidence from practice shows inconsistencies between the normative dimension (das sollen) and the empirical reality (das sein), indicating that Bawaslu’s institutional role as a quasi-judicial body continues to leave room for suboptimal law enforcement. The research applies a normative-comparative approach with case studies in Indonesia, Mexico, Costa Rica, and the Philippines. The analysis highlights the urgency of reconstructing Indonesia’s electoral legal system, particularly Article 462 of Law No. 7 of 2017 on General Elections, so that Bawaslu’s decisions acquire executorial power. Comparative findings reveal that Costa Rica, Mexico, and the Philippines have independent and robust electoral courts whose rulings are final and binding. Viewed from the perspective of fiqh siyasah, electoral justice is not limited to legal-formal mechanisms but also encompasses substantive justice that fulfills the function of hisbah (oversight) and safeguards the constitutional rights of citizens (hifz al-huquq)