Amplop Pernikahan Antara Tabarru’ dan Mu’āwaḍah: Studi Komparatif Hukum Keluarga Islam dan Hukum Ekonomi Syariah

Purpose – This article discusses the practice of oral sex in marriage as a contemporary issue that reveals normative tensions between medical bioethics and Islamic family law. This study aims to analyze the practice of oral sex not only from the perspective of Islamic law but also by considering the medical risks, sexual ethical dimensions, and its impact on husband-wife relations within the framework of contemporary Islamic family law. Methods – This qualitative study with a normative legal research type uses an interdisciplinary approach, including fiqh and Islamic family law approaches, Islamic bioethics, and medical bioethics studies based on international scientific literature. Data were obtained through a literature study of classical and contemporary Islamic legal sources, as well as national and international journal articles in the fields of bioethics and sexual health, which were analyzed normatively, analytically, and comparatively using the maqāṣid al-sharī‘ah framework. Findings – This study confirms that the practice of oral sex in marriage must be analyzed multidimensionally, considering medical risks, sexual ethics, and the quality of the husband-wife relationship. Medical bioethics findings indicate potential health risks that require caution, while Islamic bioethics and maqāṣid al-sharī‘ah provide a normative framework that emphasizes the protection of life, human dignity, and family welfare. Simultaneously, contemporary Islamic family law analysis reveals that the impact of oral sex on marital relations is highly dependent on the principles of equal consent, open communication, and balance of power in the relationship. Research implications – This finding implies the need for a reconstruction of sexual ethics in Islamic family law that is not permissive without limits but also does not reject medical science findings, instead integrating them critically for the benefit of the family. Originality/value – The originality of this research lies in its integrative approach to examining oral sex through a synthesis of medical bioethics, Islamic bioethics, and contemporary Islamic family law, thereby offering a more comprehensive and relevant normative-ethical perspective on Islamic law in the modern era.

This research departs from the unclear status of Intellectual Property Rights as part of joint property in Islamic Family Law. The immaterial nature of Intellectual Property Rights but its significant economic value poses its own challenges in the context of property division, especially after divorce or the death of one of the spouses. This research aims to understand and analyze in depth the position of joint property derived from Intellectual Property Rights in the perspective of Islamic Family Law, as well as investigate the status and dispute resolution of such property in legal practice in Indonesia. The main focus of the research includes three main problems: (1) What is the position of joint property rights related to Intellectual Property Rights from the perspective of Islamic Family Law? (2) What is the status of Intellectual Property Rights as joint property in marriage? and (3) How is the settlement of joint property disputes originating from Intellectual Property Rights according to Islamic Family Law in Indonesia. The methodology used is library research with a content analysis approach and a comparative method to the relevant legal system. Data sources consist of primary legal materials such as Law Number 1 of 1974 concerning Marriage, Law Number 28 of 2014 concerning Copyright, and regulations related to joint property; and secondary materials in the form of books, journals, and other legal documents. The data analysis technique uses a normative juridical approach. The results showed that although the principle of joint property in Islamic Family Law recognizes joint ownership of property obtained during marriage, there is no normative clarity regarding the position of Intellectual Property Rights as part of joint property. This creates ambiguity in dispute resolution, especially when Intellectual Property Rights become the main source of income or have high commercial value. This research emphasizes the need for the development of more specific regulations and progressive legal interpretations to ensure legal certainty, justice, and protection of the rights of spouses in the division of joint property involving Intellectual Property Rights. The research recommendations encourage the integration of contemporary fiqh approaches and Islamic family law reform in Indonesia in addressing modern economic developments involving intellectual property as an object of joint ownership.

Marriage without parental consent from the perspective of Islamic family law is a complex issue, involving various legal, social, and moral considerations. In Islamic law, parental or guardian consent is essential to ensure the validity of a marriage, and without such consent, a marriage can be considered invalid. The research method used in this study is a qualitative approach, with data collection through in-depth interviews with couples who married without parental consent, as well as interviews with Islamic family law experts and community leaders. The principle of maslahah (benefit) is a reference in protecting the interests of individuals, families, and society. Although Islamic family law provides space for individual freedom in choosing a life partner, it still emphasizes the importance of complying with religious and moral norms. The absence of parental consent can result in serious social and psychological impacts, including conflict within the family, social isolation, and emotional tension. Therefore, this issue needs to be analyzed in depth to understand its implications in the context of law and society.

The development of information technology brings significant changes in the business world, one of which is through the Shopee affiliate marketer program that provides opportunities for individuals to earn income through commissions from product sales. However, the tax practice of affiliate marketer income still requires in-depth study, especially in the perspective of tax law and Islamic law. The main problem in this research is how the Income Tax (PPh) payment mechanism for Shopee affiliate marketers and its compliance with the provisions of taxation law and the principles of Islamic law. This research aims to find out and analyze 1) To find out the percentage of PPh for shopee affiliate marketers in the perspective of tax law and Islamic law. 2) To know how to pay PPh for affiliate marker shopee in the perspective of tax law and Islamic law. The research method used is a legal sociology approach with a type of empirical legal research. Data is collected through observation, interview, and documentation of Shopee affiliates and sellers, and analyzed using data reduction techniques, data presentation, and drawing conclusions. The research results show that: 1) the percentage of PPh of shopee affiliate marketers is the commission received by Shopee affiliates, which is the object of PPh Article 21 and is subject to a progressive tax rate according to Government Regulation No. 58 Year 2023, based on the taxation of 50% of the total gross commission. The tax rate starts from 5% for income up to Rp60 million and increases according to the income layer. 2) The payment method of PPh affiliate marketer shopee is that Shopee deducts and deposits taxes automatically before the affiliate receives the commission, and requires the inclusion of NPWP so that the tax rate is lower. In the perspective of Islamic law, the obligation to pay taxes (dharibah) is recognized as long as it is managed fairly and used for public benefit, and does not burden the community. In conclusion, the practice of paying PPh affiliate marketer Shopee is in accordance with the provisions of the applicable tax law and can be accepted from the perspective of Islamic law as a form of contribution to the welfare of the community.

This research was conducted because, in the Merariq tradition, the Sasak tribe has a social hierarchy. Which, at every layer, influences Islamic Family Law and the Gender perspective. This research aims to analyze, from Islamic Family Law and perspectives, marriage among aristocratic and coralline descendants, with a research focus on case studies in Mangkung village, Central Lombok. Regarding gender equality and Islamic Law, different prices for Ajikrame occur when intermarriages occur between groups, especially those of noble descent and those of Jajarkarang descent. The incident of determining Ajikrame has a significant impact on marriage at the social level and affects Islamic Law, particularly in Islamic Family Law. Therefore, researchers are interested in exploring two research questions, namely (1) What is the practice of aristocratic and Jajarkarang marriages in Mangkung village, West Praya District, Central Lombok? (2) What is the Islamic Family Law perspective on noble and Jaja Karang marriages in Mangkung Village, West Praya District, Central Lombok? This research employs a qualitative approach with a descriptive type. The data collection method employed is a combination of documentation and interviews, while the data analysis method used is content analysis. The research utilizes both primary and secondary sources. The research results show that in the context of the marriage between Ningrat and Jajarkarang in Mangkung Village, West Praya District, Central Lombok, which was influenced by the determination of "Aji Krame," there are several aspects from the perspective of Islamic Family Law and Gender that can influence the social and cultural life of the local community. These aspects include societal alienation and its impact on gender justice. The practice of marriage between Ningrat and Jajarkarang in Mangkung Village, West Praya District, Central Lombok, is valid because it has fulfilled the conditions and requirements of a valid marriage transaction.

The daily practice of Arisan has been carried out by all levels of society, each layer of society has its own tendency in holding the arisan. The phenomenon in Sidrap South Sulawesi is that making Arisan with unique games known as Mattemba Arisang’ meaning “Shooting Arisan”.This tudy aims to reveal the practice of debts and receivables in Mattemba' Arisang and elaborate it under of the perspective of Islamic economic law. This study was conducted at Sidrap of South Sulawesi. The informants of research were perpetrators of Practice of Matemmba Arisang. Data analysis used reduction, presentation, and verification. The results reveal that practice of Matemmba’ Arisang is conducetd using the contract of debt and receivable containing riba. gharar, and dzhulm. Therefore, According to a perspective of Islamic economic law on the implementation of Matemba' Arisang conducted by society in Pajalele Sidrap Regency has the receivable debt contract unsuitable with Islamic economic law

Indonesia has a function as an organizer of public welfare, one of which is an effort to realize consumer protection.The purpose of this study is to determine consumer protection from the perspective of criminal law and the perspective of Islamic economic law This research uses a normative juridical method, to answer the main problem, namely how consumer protection in the KHUP perspective and Islamic economic law. This research found the definition of consumers regulated in the Law on consumer protection has a narrower meaning than the meaning of business actors (unbalanced). A balanced understanding of both will bring a positive influence on consumer coverage that must be protected as regulated in Islamic law. Islamic law and the Criminal Code both regulate the problem of consumer protection to create benefit, justice, balance, security and safety and guarantee legal certainty. The difference is that Islamic law reveals the values of religiosity by not putting aside social and humanitarian values (vertical and horizontal relations / habibum minallah wa hablum minannas), while the Criminal Code shows more social and humanitarian values (horizontal relations / hablum minannas) so that provide legal certainty.

The number of child marriages has recently increased significantly, particularly during the Covid-19 pandemic. This is caused by assumption that child marriage will save the child's financial and social security. In fact, child marriage actually causes many problems, especially regarding the abandonment of women's rights in domestic life. This is contrary to the purpose of marriage in Islam which is to create harmonious, prosperous and happy household. This study aims to gain an in-depth understanding on the forms of abandonment of women's rights in child marriage cases and how the Islamic family law perspective percieves it. The data were obtained through observation, interviews, and literature searches. The research location was conducted in Palembang City, South Sumatra, Indonesia. Data analysis is carried out with an interpretive approach to give meaning so that it has coherence between one another. The research findings show that the forms of abandonment of women's rights in child marriage cases include three types, namely the abandonment of economic rights, human rights and reproductive rights. The abandonment occurs because of community’s legal culture which considers the action as commonplace in the household. Even, the victim of abandonment allowed herself stuck in that position. According to Islamic family law, the abandonment of women's rights in the household is an act of disobedience against justice as well husband’s reluctance to the wife. It is a form of violation of the commands of Allah and His Messenger which is is also emphasized in the legislation with the existence of both social and criminal sanctions.

Background: Marriage and divorce are central issues in Islamic family law and need to be analyzed in the context of modern society. Specific Background: Many divorce cases arise due to infidelity and communication breakdown, creating challenges for legal and social resolution. Knowledge Gap: Few studies analyze court decisions comprehensively by combining Islamic law interpretation and legal practice. Aim: This study aims to examine marriage validity and divorce resolution from the perspective of Islamic law and statutory regulations. Results: The study reveals that court decisions are largely consistent with Islamic principles but highlight areas requiring better public understanding of legal grounds for divorce. Novelty: This research integrates legal analysis with social implications, providing a holistic view of divorce resolution. Implications: Findings suggest the need for strengthening legal literacy and counseling programs to reduce preventable divorce cases. Highlights : Marriage validity and divorce law reviewed Islamic law and legal practice integrated Recommendations for counseling and education Keyword: Marriage Law, Islamic Family Law, Divorce Resolution, Court Decision, Legal Analysis

This study discuss the practice of Polalantadivorce practice among the Banggai ethnic community from the perspectives of Islamic law and positive law in the Mansamat B Village, South Tinangkung District, Banggai Islands Regency.The aims of this study are examine factors drive the residents of Mansamat B Village, South Tinangkung District, Banggai Islands Regency to engage in Polalanta divorce practice, and to find out the perspective of Islamic and positive law in Polalanta divorce practice among the residents of the village. This study used a qualitative method with data collection techniques involving observation, in-depth interviews, and written document analysis. The data analysis techniques employed include data reduction, data presentation, data verification, and drawing conclusions. This study found that time efficiency and simplicity are significant factors motivating the Banggai ethnic community in Mansamat B Village to opt for divorce outside the Religious Court or Polalanta practice. Additionally, economic considerations also play a role, requires administrative expenses, which, despite subsidies for those less fortunate, are still perceived as significant by some. Hence, the choice to divorce outside the Religious Court is more appealing. Furthermore, a lack of legal awareness and personal issues contribute to this practice. We aso found that there are distinctions between positive law and Islamic law concerning divorce. Islamic law requires only formal witnessing, whereas positive law mandates court proceedings in the Religious Court. This provision is outlined in Article 39 paragraph (1) of Law No.1 of 1974, Article 65 of Law No.3 of 2006, and Article 115 of the Compilation of Islamic Law, stipulating that divorce can only take place before a court session after the court has attempted and failed to reconcile both parties.

Justice is the essence of what society aspires to, moreover justice in the legal aspects. The validity of the approval agreement from the evaluation of existence is appreciated by the court. Therefore, the role of justice is very urgent for the law, especially in Islamic law. In the perspective of Islamic law, gender justice has a unique and complex problem, namely in the Qur’an, An-Nissachapter verse 34, which essentially is to explain the position between men and women associated with various sources of life. Various interpretations of reformist Islamic thinkers led to speculation of ambiguity from the nature of true justice. The difference in defining the essence of justice in gender causes the understanding of the law to vary too, specifically in Islamic family law, the continuation of modern times today which emphasizes a situation in the viewpoint of humanity and human rights. Based on this, it is important to discuss gender related issues in justice reform seen from interpreting the Qur'an inAn-Nissachapter verse 34. The methodology of this research uses objective analysis with hermeneutics, while the data analysis technique used is analysis with qualitative descriptive techniques. The results of this study are to contribute to the understanding that the phenomenon of variations in interpretation of gender often raises contradictions between the doctrine of Religion and the reality of present life, and it seems that the purpose of the law was made not channeled to the lives of the people. With the method of ushulfiqh and hermeneutics to explore the nature of God's texts about gender justice, it is appropriate for the understanding of the text and the context of gender justice to have relations with law and life. The conclusions from this study are expected to provide additional knowledge and reference materials related to understanding gender hermeneutic analysis which is expected to be able to produce a legal reform of various aspects, especially Islamic family law.

The vitro fertilisation is an interesting subject to study. There is a chance that the child from in vitro fertilisation will not be recognized by the parents if it is different from expectations. Therefore, in terms of recognition, both in terms of positive law and Islamic law, it is an interesting problem to study. The aims of this study are: (1) to find out Islamic law views in vitro fertilisation; (2) to find out the form of sanctions insemination of in vitro fertilisation according to Islamic law. The design used in this study was normative legal research with a (statute approach) from the perspective of Islamic law. In this study, documentation data collection techniques were used. Analysis technique normative legal research, usedwas descriptive-analysis with evaluation, interpretive, construction, and content analysis. Islamic criminal law views on donor sperm insemination is halal in Islamic perspective. The law is the same as adultery and children born from this kind of insemination have the same status as children born outside of a legal marriage. Perspective of Islamic criminal law on perpetrators. Artificial insemination with in vitro fertilisation is restricted as is the law of fornication in adultery, however, artificial insemination with in vitro fertilisation is ta'zir on the grounds that the elements in the had of adultery are not fulfilled because there is no direct sexual intercourse.

This research discusses the importance of taking into account the interests of children in the context of divorce from the perspective of Islamic family law. In divorce, children are often the vulnerable parties and are often direct witnesses to their parents' conflict, which can adversely affect their well-being physically, emotionally and psychologically. Although Islamic family law provides clear guidelines on children's rights, its implementation in practice is often complex and influenced by cultural, social and economic factors. This article explores how children's interests can be preserved and prioritized in the resolution of divorce conflicts according to Islamic family law, as well as the challenges and obstacles faced in implementing these principles. The research methods used include literature review, case studies, interviews and document analysis. The results of this research are expected to provide a more comprehensive understanding of how children's interests are championed in divorce from an Islamic family law perspective, as well as provide a stronger foundation for the development of legal policies and practices that favor the protection and welfare of children. To fulfill the objectives of this research, a qualitative method was used involving in-depth analysis of Islamic legal literature, case studies, interviews, and document analysis. The results of this research include an in-depth understanding of children's interests, analysis of legal practices, identification of challenges and barriers, recommendations for policy and practical action, contribution to academic literature, raising public awareness, developing a model approach based on child welfare, and influence on public policy. In conclusion, this research makes a significant contribution to understanding and protecting children's interests in divorce from an Islamic family law perspective, and provides direction for policies and practices that are more responsive to the protection and welfare of children.

The practice of waqf plays a significant role both as an act of worship and as a social asset supporting development. However, disputes often arise regarding the management and utilization of waqf land that do not comply with legal regulations. A case in Kadia Subdistrict, Kendari City, illustrates the legal dualism in determining the validity of waqf. This study aims to analyze judicial decisions on the validity of waqf from the perspectives of positive law and Islamic law, focusing on Decision No. 453/Pdt.G/2020/PA.Kdi. This research employs a normative legal method with a case approach, utilizing secondary data from legal regulations, court decisions, and literature on Islamic and positive law. The findings indicate that the court ruled to revoke the waqf status due to non-compliance with formal requirements under positive law, specifically the absence of an Authentic Deed of Waqf (AIW). However, from the perspective of Islamic law, the waqf remains valid as it fulfills the essential pillars of waqf. This discrepancy highlights a potential conflict between positive law and Islamic law in waqf practices in Indonesia. This study emphasizes the importance of harmonizing positive law and Islamic law in resolving waqf disputes to provide more comprehensive legal certainty. Strengthening regulations and raising awareness about proper waqf procedures under both legal systems are necessary to prevent future disputes.

This research discusses the importance of taking into account the interests of children in the context of divorce from the perspective of Islamic family law. In divorce, children are often the vulnerable parties and are often direct witnesses to their parents' conflict, which can adversely affect their well-being physically, emotionally and psychologically. Although Islamic family law provides clear guidelines on children's rights, its implementation in practice is often complex and influenced by cultural, social and economic factors. This article explores how children's interests can be preserved and prioritized in the resolution of divorce conflicts according to Islamic family law, as well as the challenges and obstacles faced in implementing these principles. The research methods used include literature review, case studies, interviews and document analysis. The results of this research are expected to provide a more comprehensive understanding of how children's interests are championed in divorce from an Islamic family law perspective, as well as provide a stronger foundation for the development of legal policies and practices that favor the protection and welfare of children.To fulfill the objectives of this research, a qualitative method was used involving in-depth analysis of Islamic legal literature, case studies, interviews, and document analysis. The results of this research include an in-depth understanding of children's interests, analysis of legal practices, identification of challenges and barriers, recommendations for policy and practical action, contribution to academic literature, raising public awareness, developing a model approach based on child welfare, and influence on public policy. In conclusion, this research makes a significant contribution to understanding and protecting children's interests in divorce from an Islamic family law perspective, and provides direction for policies and practices that are more responsive to the protection and welfare of children.