Syariah: Jurnal Hukum Keluarga Islam

PEMBAGIAN HARTA WARISAN ADAT KELUARGA ABDUL SALAM DI KOTA BONE: STUDI KOMPARATIF ANTARA KHI DAN FARAIDH

2026-05-19T10:55:42+07:00

This study examines the practice of customary inheritance distribution applied in the family of Abdul Salam in Kota Bone by conducting a comparative analysis with the provisions of inheritance distribution under the Compilation of Islamic Law (KHI) and Islamic inheritance law (faraidh). The background of this research is based on the social reality that inheritance practices among Muslim communities do not always fully conform to the normative provisions of Islamic law, but are also influenced by customary law that continues to live and develop within society. This research aims to describe the customary inheritance distribution practiced in the Abdul Salam family, analyze inheritance provisions according to KHI and faraidh, and compare the similarities and differences between customary practices and normative Islamic law. The research employs a descriptive qualitative method using interviews and document analysis as data collection techniques. The findings indicate that the inheritance distribution is carried out through family deliberation, granting larger portions to male heirs and allocating a share to a granddaughter, even though she is excluded under faraidh due to the presence of the deceased’s children. Meanwhile, inheritance distribution based on KHI and faraidh emphasizes proportional justice and legal certainty. This study concludes that although customary inheritance distribution is socially accepted, the application of KHI provides greater guarantees of justice and legal protection for heirs.

NORMALIZED INJUSTICE IN POST-DIVORCE MAINTENANCE: PATTERNS OF JUDICIAL REASONING IN ISLAMIC FAMILY LAW

2026-01-02T22:37:05+07:00

Post-divorce maintenance occupies a critical position in Islamic family law as a mechanism intended to protect economically vulnerable parties following marital dissolution. Despite the formal recognition of maintenance obligations in both classical fiqh and contemporary legal frameworks, judicial practice often produces outcomes that inadequately address post-divorce economic inequality. This article examines how such inequality becomes normalized through routine judicial reasoning in post-divorce maintenance cases. Employing a qualitative library-based research design, the study analyzes published judicial decisions, statutory regulations, and classical and contemporary fiqh literature. Rather than assessing the correctness of individual rulings, the analysis focuses on recurring patterns of judicial reasoning, including the prioritization of former husbands’ financial capacity, the temporal limitation of maintenance obligations, and the use of abstract standards of fairness. The findings demonstrate that inequality in post-divorce maintenance is not primarily the result of legal deviation, but of routinized interpretive practices that render unequal outcomes legally ordinary and institutionally legitimate. By foregrounding judicial reasoning as a central site of analysis, this study contributes to socio-legal scholarship on Islamic family law and highlights the need to critically examine how justice is constructed and normalized within everyday adjudication.

PEMBAGIAN WARISAN DALAM HUKUM ISLAM: STUDI KASUS DI KELURAHAN BENTENG KOTA PALOPO

2026-01-01T19:12:01+07:00

Inheritance distribution is a crucial aspect of Islamic family law aimed at ensuring justice and legal certainty for heirs. In practice, inheritance distribution in society often does not fully comply with Islamic jurisprudence or the Compilation of Islamic Law due to customary practices, limited legal understanding, and familial considerations. This study aims to analyze inheritance distribution practices in Benteng Subdistrict, Palopo City, and assess their conformity with Islamic law and Indonesian positive law. This research employs a qualitative method with a juridical-empirical approach through interviews and literature review of Islamic legal sources and statutory regulations. The findings indicate that inheritance distribution is predominantly carried out through family deliberation and has not fully adhered to Islamic legal provisions regarding heirs’ shares. Strengthening public understanding of Islamic inheritance law is necessary to ensure fair and lawful distribution.

PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNAAN DEEPFAKE BERBASIS KECERDASAN BUATAN DI INDONESIA

2026-09-21T18:40:02+07:00

The development of artificial intelligence (AI) has introduced deepfake technology, which can realistically generate or manipulate images, voices, and videos of individuals. Although this technology may serve creative and educational purposes, its misuse can lead to privacy violations, identity manipulation, fraud, defamation, and the non-consensual distribution of intimate content. This study aims to analyze legal protection for victims of deepfake misuse in Indonesia, examine the legal liability of perpetrators, and identify challenges in law enforcement. The research employs a normative legal method using statutory and conceptual approaches. Legal materials are analyzed qualitatively through an examination of relevant legislation and legal literature. The study indicates that victim protection may be examined through constitutional provisions, electronic information and transaction laws, personal data protection legislation, and relevant criminal and civil law provisions. Their application, however, requires proof of the relevant legal elements and cannot be based solely on the use of deepfake technology. Challenges include digital evidence authentication, perpetrator identification, cross-platform content distribution, and victim redress. Strengthening complaint mechanisms, digital forensic capacity, law enforcement coordination, and regulatory evaluation is therefore necessary to improve legal certainty and victim protection.

DINAMIKA IMPLEMENTASI PRENUPTIAL AGREEMENT DI KUA KABUPATEN LAMONGAN (ANALISIS PERBANDINGAN DAERAH PEDESAAN DAN PERKOTAAN)

2026-05-18T12:53:50+07:00

This study focuses on important aspects related to prenuptial agreements at the Office of Religious Affairs (KUA), including public understanding, the procedures for drafting such agreements, implementation obstacles, as well as Islamic perspectives and the perceptions of KUA officers. In addition, the study examines the effectiveness of prenuptial agreements in preventing divorce. The research employs a qualitative approach with a normative-empirical type of study, combining statutory and sociology of law approaches. Primary data were obtained through interviews with KUA officers, while secondary data were collected from legal documents and relevant literature. The data were analyzed using an interpretative method. The findings indicate that the implementation of prenuptial agreements in Lamongan Regency remains relatively low, influenced by cultural, social, economic, and limited public knowledge factors. This study contributes to the literature on family law in Indonesia and suggests increasing education and public outreach to improve public awareness regarding prenuptial agreements. The limitations of this research include its limited geographical scope and the small number of informants. Further studies are recommended to broaden the research scope and involve more participants.

Keywords: Prenuptial Agreement, KUA, Implementation Obstacles, Family Law.