Contemporary Issues on Interfaith Law and Society
Contemporary Issues on Interfaith Law and Society [ISSN Print: 2829-8373 ISSN Online: 2829-8624] is an open access double blind peer reveiwed journal published by Faculty of Law Universitas Negeri Semarang and managed by Moslem and Christian Community at Faculty of Law Universitas Negeri Semarang, Indonesia. The Contemporary Issues on Interfaith Law and Society [CIILS] is committed to providing a forum for academics, researchers, scholars, students, and religious communities around the world. The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related topics. By fostering conversation, the CIILS hopes to increase religious literacy, contribute to the field of interreligious hermeneutics, and address the issues surrounding interreligious relations, dialogue, theology, and communication both National [Indonesia] and Global context. Title : Contemporary Issues on Interfaith Law and Society Editor in Chief : Muhammad Azil Maskur ISSN : 2829-8373 [Print] | 2829-8624 [Online] DOI Prefix : 10.15294/ciils Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia Frequency : 2 [two] issues per year
All writings published in this journal are personal views of the author and do not represent the views of this journal and the author’s affiliated institutions.
Distribution of Inheritance of Joint Property in Indonesian Legal Pluralism: Inter-Legal System Dialogue Toward a Fair Regulatory Framework
The distribution of inheritance of joint property in the context of succession is one of the issues requiring special attention in Indonesia's pluralistic legal system, which recognizes and applies state law, Islamic law, and customary law. This legal pluralism often results in differing interpretations regarding the status of marital joint property, the rights of the surviving spouse, and the rights of heirs, leading to legal uncertainty and social conflict. This study analyses the distribution of joint property from the perspective of Indonesian legal pluralism. It proposes a fairer regulatory framework, based on the analysis of the Kendal Religious Court Decision No. 838/Pdt.G/2023/PA.Kdl. Employing doctrinal (normative juridical) research, this study qualitatively analyzes primary and secondary legal materials grounded in legal pluralism and interlegality theory, Gustav Radbruch’s theory of the purpose of law, John Rawls’s theory of justice, and the principle of maqāṣid al-sharīʿah. The findings show that the Kendal Religious Court has applied the Compilation of Islamic Law and the Marriage Law to fulfill legal certainty; however, its legal considerations remain normatively oriented and have not optimally integrated substantive justice and the realities of life in a pluralistic legal context. This study proposes an integrative regulatory framework that harmonizes state law, Islamic law, and customary law, as well as harmonizes Islamic law with other legal systems, not as rivalrous competition but as a dialogue that safeguards the rights of all heirs. Thus, it is expected that court decisions will create legal certainty, justice, and benefits in Indonesia’s multicultural and multireligious society.
Copyright (c) 2026 Moh Arifin, Gunarto, Bambang Tri Bawono, Afif Noor, Kiki Nuriska Denhas (Author) https://creativecommons.org/licenses/by-sa/4.0
Living Law Multiculturalism in Interfaith Determination: Formal Integration in Criminal Justice System as a Challenge to Prevent Criminalization Vulnerable Groups
The customary law provisions contained in Article 2 Paragraph 1 of the New Criminal Code allow customary law to determine whether a person can be punished or not, acting as a counterbalance to the national legal system. However, the problem lies in the inclusion of violations of customary law in Regional Regulations (Deprivation of Rights), which contradicts the dynamics of customary law, changing it from the right to live to the right to die. The interpretation of customary law violations through the codification of regional regulations, if not approached carefully, will lead to the criminalization of communities, especially vulnerable groups such as women and children. The determination of the types of actions classified as customary law through regional regulations allows for arbitrary and discriminatory practices. This study uses a normative legal method, which refers to legislation and a conceptual approach based on the doctrine of legal positivism, as well as a literature review of various research publications, books, journals, and other legal materials. The results of the study show that in the concept of interfaith determination using the analytical tool of PP 55/2025, there are five examples of customary law: Bali (Hindu), Aceh (Islam), Minangkabau (Islam), Baduy (Sunda Wiwitan), and Toraja (Aluk Todolo and Christianity). Initial trends show that religious-based customary norms are the most readily and quickly adopted into local regulations. One possible solution is the establishment of a community-led, decentralized oversight model for the process of cataloging customary law. Howefer, criticism of Article 15(1) of Government Regulation No. 55 of 2025 is that it should be revised and need not be regulated, given the diversity of fines under each customary law, so as not to undermine their legal rationale, and urge to put the supervisions authority to indigineous community.
Copyright (c) 2026 Daffa Ladro Kusworo, Eva Achjani Zulfa, Saima Arifiah, Rizky Julranda (Author) https://creativecommons.org/licenses/by-sa/4.0
Pentecostal Churches’ Attitudes toward Human Trafficking in Indonesia’s Plural Society: A Socio-Legal and Interreligious Perspective
This study examines the institutional attitudes of Pentecostal churches in Indonesia toward human trafficking as a crime against humanity within the context of Indonesia’s religiously plural society. Situating a minority Christian denomination within majority-Muslim Java and majority-Hindu Bali, the study adopts a quantitative cross-sectional survey design involving 106 respondents—church leaders and operational actors—across five provinces: DKI Jakarta, West Java, Central Java, East Java, and Bali. Five key dimensions were measured: theological framing, church policies, operational engagement, collaboration with external stakeholders (including interreligious organizations), and gender-sensitive approaches. The analysis revealed significant provincial variation, with churches in Central Java demonstrating more organized and mature responses than those in East Java, a difference interpreted in light of each region’s distinct socio-religious dynamics. Drawing on legal pluralism, covenantal pluralism, and institutional isomorphism theory, the study reads these variations as products of inter-normative interaction among state anti-trafficking law (notably Law No. 21/2007), international human-rights norms, and the Islamic and Hindu normative orders within which the churches operate. Crucially, the study explores how interfaith cooperation with Muslim and Hindu institutions, as well as with state agencies, can optimize church responses to human trafficking. The findings are relevant to SDG 5 (Gender Equality), SDG 8 (Decent Work and Economic Growth), and SDG 16 (Peace, Justice, and Strong Institutions). This study contributes to understanding how Pentecostal churches, as minority religious actors in a plural society, conceptualize and respond to human trafficking and provides evidence-based recommendations for strengthening interfaith collaboration, church policies, and anti-trafficking actions in plural Indonesia.
Copyright (c) 2026 Purim Marbun, Edwin -, Josahiru Edmund Franky, Sarah Stefany, Juanda Manullang (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Construction of Interfaith Marriage in Indonesia: Legal Reasoning and Multireligious Ratio Legis
Supreme Court Circular Letter No. 2 of 2023, which prohibits interfaith marriage in Indonesia, continues to generate constitutional and legal debate. Opposition is largely based on universal human rights arguments, while support emphasizes religious and moral values. This study examines the ratio legis of the prohibition within the framework of Indonesia’s Staatsfundamentalnorm. Using normative legal research with statutory, philosophical, and case-based approaches, the study finds that both doctrinal-deductive and non-doctrinal (pragmatic)-inductive reasoning support the interpretation that the prohibition aims to protect the right to religious observance and implement the first principle of Pancasila as a constitutional value. At the same time, the regulation reflects an ongoing tension between the protection of religious values and the recognition of universal human rights in Indonesia’s pluralistic legal system. The implementation of the prohibition is hindered by several legal lacunae, including regulatory disharmony, ambiguity regarding marriages conducted abroad, the use of legal circumvention strategies, and the persistence of unregistered (siri) marriages. To strengthen legal certainty and governance of diversity, this study proposes: (1) statutory regulation of interfaith marriage prohibitions that accommodates religious and cultural considerations; (2) harmonization of related regulations; (3) application of the nationality principle; (4) marriage annulment based on apostasy; and (5) prohibition of siri marriages accompanied by punitive sanctions. These measures are intended to enhance legal certainty, protect rights, and improve the management of diversity within Indonesia’s multicultural legal system through stronger institutions and greater public legal awareness.
Copyright (c) 2026 Erfaniah Zuhriah, Jamrud Qomaruz Zaman (Author) https://creativecommons.org/licenses/by-sa/4.0
From Ecotheology to Green Victimology: Bridging Faith-Based Environmental Ethics and Victim-Centered Legal Paradigms for Ecological Justice
Global civilization is experiencing an unprecedented ecological crisis․ It is driven by extractive economic activity and projects such as the Merauke National Calculated Project in Indonesia‚ which promotes the establishment of an intensive sugarcane plantation covering an area of 560‚000 ha‚ posing a threat to biodiversity and Indigenous peoples․ The PGI (Communion of Churches in Indonesia) opposed the project‚ with ecotheological reasons․ Islamic thought also sees it as a duty to take care of nature‚ in the concept of khalifatul fil ardl (stewards of the earth). Morality and spirituality are incomplete without legal aspects․ Green victimology is introduced in this paper‚ a victim-centered legal study․ Green victimology goes beyond human victims and includes non-humans (trees‚ rivers‚ and other plants and animals) and ecosystems as victims of environmental crime․ Green victimology adopts normative legal research methods‚ using a theological-philosophical approach. The paper cites the Law Number 32/2009 concerning Environmental Protection and Management‚ Job Creation Law‚ PGI documents‚ Greenpeace reports‚ and classical theological sources of Islam and Christianity․ The results show that ecotheology provides the moral awareness and spiritual responsibility, while green victimology offers legal instruments and a victim-centered approach to tackle environmental destruction. Implementing this integration faces structural barriers in Indonesia's positivist legal system. This article, therefore, proposes an operational framework for granting religious communities locus standi in environmental advocacy and extends the ecological justice framework to global contexts. This article recommendation combined both ecotheology and green victimology to construct an ecological justice framework for addressing the spiritual and structural dimensions of environmental violence in Indonesia and beyond.
Copyright (c) 2026 Asmarani Ramli, Akhmad Jafar, Siti Malaiha Dewi, Indah Sri Utari (Author) https://creativecommons.org/licenses/by-sa/4.0
The Blasphemy: Indonesia Criminal Law and Christian Perspective
Blasphemy constitutes one of the most controversial offenses within Indonesian criminal law, particularly as governed by Article 156a of the existing Penal Code and the provisions of the 2023 Criminal Code. In a pluralistic society such as Indonesia, the enforcement of blasphemy laws frequently engenders tension between the protection of religious freedom and the maintenance of public order. This study examines the regulatory development and implementation dynamics of blasphemy laws in Indonesia, assessing the extent to which national legal norms align with international human rights principles. Employing a normative legal approach, this research analyzes statutory instruments, Constitutional Court rulings, and law enforcement practices in landmark cases such as Ahmadiyah, Ahok, and Holywings. The analysis demonstrates that existing legal norms, notably Article 156a of the Penal Code, are highly ambiguous and susceptible to abuse, disproportionately affecting minority groups. Furthermore, Constitutional Court Decision No. 140/PUU-VII/2009, which upholds the constitutionality of this article, reinforces a discriminatory status quo. Consequently, this article advocates for the statutory reformulation of these offenses utilizing a restorative justice approach, the implementation of administrative sanctions, and the strengthening of penal mediation mechanisms as stipulated in Attorney General Regulation No. 15 of 2020. The primary contribution of this research is proposing a roadmap for legal reform that strikes a balance between safeguarding religious freedom and ensuring public order, in strict compliance with international frameworks such as the ICCPR and the Siracusa Principles.
Copyright (c) 2026 Beniharmoni Harefa, Abdul Kholiq, Anugerah Tatema Harefa, Oinike Natalia Harefa, Nor Akhmal Hasmin (Author) https://creativecommons.org/licenses/by-sa/4.0
Legal Pluralism in Bugis-Makassar Society: Negotiating Interfaith Dynamics, Islamic Law, Ammotere Abbaji, and Restorative Justice in Silariang Cases
The enforcement of administrative restrictions on interfaith marriage following Supreme Court Circular (SEMA) No. 2/2023 has triggered a rise in silariang (elopement) cases in South Sulawesi, risking communal conflict due to clashing triadic jurisdictions (state, Islam, and adat). This study aims to conceptualize Ammotere Abbaji as a culturally embedded victim-offender mediation mechanism within Bugis-Makassar customary law and design a model for its integration into the national criminal justice system. Utilizing an empirical legal method within a qualitative socio-legal framework, this study gathered primary data through a series of in-depth interviews with key informants in South Sulawesi (including customary leaders, religious figures, and law enforcement officers), validated through source triangulation and non-participant observation of tudang sipulung communal deliberations. The qualitative analysis was theoretically reinforced by a secondary review of the sociometric mathematical modeling of marital disputes. The results indicate that Ammotere Abbaji substantively merges the ethical values of Siri’ na Pacce and Islamic Ishlah principles to facilitate organic community-level conflict resolution. However, this customary settlement remains impeded by dual-processing at the police level and administrative registration barriers. This study concludes the necessity of designing a three-level (normative, procedural, and rights-protection) 'Restorative Pluralism Framework' (RPF) under the substantive Penal Code (Law No. 1/2023) and the new Criminal Procedure Code (Law No. 20/2025) to guarantee the protection of women's agency and a just interfaith legal diversity governance.
Copyright (c) 2026 azwad hambali, Zainuddin, Salle, Muhammad Nur Ikram Fuady, Rafika Nur (Author) https://creativecommons.org/licenses/by-sa/4.0
Neurocognitive Dysfunction and Criminal Liability: Integrating Neuroscience, Legal Theory, and Islamic Thought
This article examines the relationship between neurocognitive dysfunction, criminal behaviour, legal theory, and Islamic thought, with particular attention to the neurobiological foundations of moral decision-making and criminal responsibility. Employing an interdisciplinary normative approach that integrates cognitive neuroscience, criminal law theory, moral philosophy, and Islamic jurisprudence, this study analyses how neurobiological dysfunctions especially those affecting the prefrontal cortex and amygdala may influence impulse control, moral judgement, and antisocial conduct. Drawing exclusively on a critical review of scholarly literature, judicial decisions, and normative legal sources, the article explores the implications of neuroscientific findings for concepts of free will, moral agency, and criminal liability. The analysis demonstrates that while neuroscientific evidence has the potential to inform sentencing mitigation and rehabilitative strategies, its application raises significant ethical and legal challenges, particularly concerning biological determinism, evidentiary reliability, and procedural fairness. From an Islamic legal perspective, sound intellect (‘aql) constitutes the foundation of taklīf (legal responsibility), yet Islamic jurisprudence recognises circumstances in which responsibility may be diminished or removed, in accordance with the principles of raf‘ al-ḥaraj and maqāṣid al-sharī‘ah. The article argues that the absence of clear procedural standards and limited doctrinal integration of neuroscience within criminal justice systems particularly in Indonesia and Malaysia necessitates a more coherent normative framework. Ultimately, this study proposes a holistic and ethically grounded approach to criminal justice reform that integrates neuroscientific insights with legal principles and religious values, aiming to enhance proportionality, procedural justice, and human dignity.
Copyright (c) 2025 Rafika Nur, Handar Subhandi Bakhtiar, Azwad Rachmat Hambali , Ridwanto Igirisa, Ahmad Fakhrurrazi Mohammed Zabidi (Author) https://creativecommons.org/licenses/by-sa/4.0
Religious Diversity in the Digital Economy: Interfaith Legal Pathways to Harmonize Sharia, Christian Ethics, and International Law
The rapid expansion of the digital economy has generated new opportunities for commerce, communication, and innovation, while simultaneously producing complex legal and ethical challenges with profound implications for religious communities in plural societies. Practices such as fraudulent halal certification in online markets, algorithmic bias affecting devotional content, misinformation that exacerbates interreligious tensions, and fintech models that risk violating prohibitions on riba, gharar, and maisir illustrate how digital governance intersects with religious norms and international legal standards. This article examines five key domains in which these interactions are most visible: consumer protection, religious data privacy, online speech and blasphemy-adjacent harms, fintech ethics, and the recognition of cross-border electronic contracts. The study analyzes statutory instruments, international regulatory frameworks, and Sharia jurisprudence alongside Christian and secular legal-ethical perspectives to assess points of convergence and divergence. The findings reveal substantial agreement across traditions on prohibiting fraud, ensuring transparency, and protecting human dignity, alongside persistent tensions regarding religious sensitivities in advertising, content moderation, and financial design. To address these challenges, the article proposes a harmonization roadmap that includes soft-law guidance for digital platforms, faith-sensitive model clauses for e-contracts and online dispute resolution, judicial interpretive canons grounded in maqāṣid al-sharīʿah and international human-rights norms, regulatory sandboxes for ethical fintech innovation, and academic partnerships for training, auditing, and accountability. By situating digital-economy governance within an interfaith legal framework, the article offers a pathway for transforming digital marketplaces into spaces of fairness, inclusivity, and constructive interreligious coexistence, with particular relevance for Muslim-majority contexts such as Indonesia.
Copyright (c) 2025 MUHAMMAD azam, Abdullah Abdul-Majeed Hamdoun, Dr. Eid Abed Alhaleem Maslat Harahsheh , Prof. Dr. Anis Mashdurohatun, S.H.,M.Hum, Hamonangan Parsaulian Sidauruk (Author) https://creativecommons.org/licenses/by-sa/4.0
The Digital Sanctuary: Forging Legal And Ethical Frameworks For Interfaith Coexistence Online
The internet has profoundly transformed interfaith relations, offering an unprecedented global arena for dialogue and community building. Yet this transformative power is shadowed by a growing threat: the digital space is increasingly weaponized as a battleground for religious tensions, fueled by hate speech, misinformation, and targeted harassment. The absence of robust legal and ethical frameworks tailored to the complexities of online interaction leaves interfaith communities vulnerable and undermines genuine cooperation. This article introduces the conceptual model of a “digital sanctuary”—a deliberately designed and protected online space where diverse faiths can coexist and flourish. Achieving this ideal is not an organic outcome of technology but requires intentional, multi-faceted efforts from all stakeholders. The paper critically examines regulatory gaps and ethical dilemmas obstructing interfaith harmony online, highlighting the limitations of fragmented national laws in a borderless environment and analyzing the responsibilities of technology platforms. We advocate moving beyond simple content moderation toward a proactive, rights-based approach that prioritizes the safety and dignity of religious minorities. By proposing a model of “digital jurisprudence,” the article calls for holistic guidelines that extend beyond traditional statutes. These include policy recommendations for algorithmic transparency, community-led dialogue, and greater international cooperation to establish standards that balance freedom of expression with protection from religious incitement. Ultimately, the paper contends that the future of peaceful interfaith coexistence depends on transforming the digital realm from a passive, ungoverned space into a resilient ecosystem where principles of mutual respect are systematically protected and nurtured
Copyright (c) 2025 Indah Sri Utari, Diandra Preludio Ramada, Ubaidillah Kamal, Ratih Damayanti, Nizamuddin Alias (Author) https://creativecommons.org/licenses/by-sa/4.0
Sustainable Lies: Constructs of Greenwashing, Consumer Protection, and Interfaith Environmental Ethics in Southeast Asia
Greenwashing constitutes a spectrum of crime that exploits not only consumer trust but also the fundamental principles of environmental sustainability designed to ensure the preservation of the environment. This study analyzes the normative constructs of greenwashing and its implications, evaluating how existing legal frameworks in Indonesia, Malaysia, and the Philippines address this pervasive issue. Employing a normative legal research methodology supplemented by a comparative approach, this study deconstructs greenwashing into a spectrum of legally culpable conduct. This ranges from misleading commercial representation and administrative manipulation to criminal deception involving fraud, false reporting, the concealment of violations, and broader environmental-crime nexuses. An analysis of the relevant frameworks across the three jurisdictions reveals significant normative gaps indicative of deeper structural problems. These deficiencies include a failure to legally connect greenwashing with environmental crimes, inadequate compliance mechanisms, weak penal sanctions, and an overall failure to comprehensively cover the greenwashing spectrum. To address these gaps, this study proposes a set of actionable recommendations designed for adoption by lawmakers in Indonesia, Malaysia, and the Philippines
Copyright (c) 2026 Nurlaily Nurlaily, Farahdilah Ghazali, Jonathan P. Binaluyo, Lu Sudirman, Emiliya Febriyani (Author) https://creativecommons.org/licenses/by-sa/4.0
Political Communication Brokerage and Election Law Compliance: The Role of Socio-Religious Values and Environmental Ethics in Tambak Lorok
This study aims to examine the role of political brokers in communication practices in the Tambak Lorok fishing community in Semarang City, Central Java, focusing on compliance with election laws and the politicization of environmental issues. The community experiences multiple vulnerabilities, ranging from socio-ecological crises affecting socio-economic life to political mobilization practices that turn voting into an electoral commodity. Data were collected using a case study approach, specifically through in-depth interviews with 10 informants, including five brokers and five community members, as well as an analysis of secondary document sources. The results showed that three types of brokers, namely activists, clientelists, and opportunists, operated simultaneously, exploiting environmental issues, including tidal flooding, diesel fuel shortages, and coastal waste as political narratives. These narratives were used to build candidate legitimacy and mobilize votes based on promises of ecological solutions, often combined with the practice of money politics. Political brokers were not only agents of patronage but also communication actors who framed local issues in electoral political discourse. In practice, political brokers occupied a biased position by engaging in legitimate political communication and violating Law Number 7 of 2017. A central finding of this study is the systematic weaponization of Islamic jurisprudential concepts—specifically the intentional conflation of risywah (bribery) with shadaqah (alms) and hadiah (gifts)—within communal pengajian spaces to neutralize legal resistance to vote-buying. It constitutes a paradigmatic case of interfaith legal tension, where Islamic normative frameworks are inverted to subvert state electoral law. In conclusion, this study contributes to strengthening the understanding of informal actors, electoral law, and the quality of democracy, specifically at the local level, while expanding the discourse on how environmental issues are politicized in the context of urban coastal communities in developing countries.
Copyright (c) 2026 Nugraheni Arumsari, Pawito, Andre Noevi Rahmanto , Didik G. Suharto, Rizqi Adri Muhammad (Author) https://creativecommons.org/licenses/by-sa/4.0
JUSTICE AND LEGAL RECOGNITION OF INTERFAITH HEIRS IN INDONESIA INHERITANCE LAW
The pluralistic inheritance law system in Indonesia, which consists of Islamic inheritance law, Western civil inheritance law, and customary inheritance law, creates significant legal complexity, particularly in inheritance disputes involving differences of religion between the deceased and the heirs. Normatively, Islamic inheritance law does not recognize interfaith inheritance, while Western civil law adopts a principle of religious neutrality, and customary law varies according to each community’s kinship system. These differences result in unequal legal protection for interfaith heirs and raise serious issues regarding legal certainty and substantive justice. This research aims to analyze the legal position of interfaith heirs within Indonesia’s inheritance law system and to examine how the concept of justice is realized in judicial practice, particularly through the application of the concept of wasiat wajibah (mandatory bequest). This study employs a normative juridical method using statutory, conceptual, and jurisprudential approaches. The findings demonstrate that Western civil inheritance law consistently recognizes inheritance rights without considering religious differences. In contrast, Islamic inheritance law normatively prohibits interfaith inheritance; however, judicial practice has developed the application of wasiat wajibah as a legal compromise to protect the economic interests of non-Muslim heirs of Muslim descendants. Nevertheless, the application of wasiat wajibah remains inconsistent and highly dependent on judicial discretion, resulting in legal uncertainty and unequal treatment in similar cases. This research concludes that the current pluralistic inheritance framework has not yet fully guaranteed legal certainty and substantive justice for interfaith heirs. Therefore, it recommends the harmonization and reformulation of national inheritance law to establish clearer and more uniform normative guidelines. Such reform is necessary to ensure the realization of legal certainty, social utility, and substantive justice while remaining aligned with religious values and the multicultural character of Indonesian society.
Copyright (c) 2026 Tri Andari Dahlan, Ubaidillah Kamal, Yustina Dhian Novita, Risky Agung Firnanda, Aldina Ulya (Author) https://creativecommons.org/licenses/by-sa/4.0
Teaching Tolerance through Law and Language: English for Sharia Purposes and Interfaith Legal Education in Indonesia
This study examines how English for Sharia Purposes can serve as a pedagogical platform for cultivating tolerance and interfaith competence among Muslim law students in Indonesia’s plural legal order, where state law interacts with Sharia-based norms and diverse religious communities. Conducted at Universitas Islam Negeri (UIN) Salatiga within the Constitutional Law study program of the Faculty of Sharia, the research responds to institutional commitments to Islamic moderation and global engagement. While English for Specific Purposes (ESP) in Sharia faculties has traditionally emphasized linguistic proficiency, limited attention has been given to its potential for preparing future Sharia lawyers to navigate socio-legal challenges involving religious rights, minority protections, and interreligious dispute resolution. Using a qualitative descriptive design, data were collected through classroom observations, semi-structured interviews with lecturers and students, and document analysis of teaching materials and institutional policy statements. Findings show that debates on minority rights, interfaith-mediation role-plays, and analysis of constitutional and international human-rights texts did more than improve students’ legal English; they fostered professional dispositions of fairness, empathy, and rights-aware reasoning grounded in Sharia principles of ʿadl (justice), tasāmuh (tolerance), and wasatiyyah (moderation). Student reflections suggested movement from “othering” to recognizing non-Muslims as equal subjects of justice, consistent with intercultural sensitivity and interfaith competence models. The study contributes to interfaith law and society by demonstrating how discipline-specific language education can serve as a socio-legal formation, translating interfaith ethics into practical legal communication skills for plural, rights-based contexts.
Copyright (c) 2025 Heru Saputra, Zulfa Sakhiyya, Puji Astuti, Fahrur Rozi, Ali Masyhar, Dolendra Paudel (Author) https://creativecommons.org/licenses/by-sa/4.0
Inclusive Education, Disability, and Interfaith Justice: Legal and Religious Barriers in Plural Indonesian Society
Inclusive education is widely recognized as a fundamental human right; however, its realization for persons with disabilities remains uneven in plural societies such as Indonesia. This study examines inclusive education as an interfaith legal issue, arguing that the persistent failure to achieve substantive equality is not merely a problem of weak policy implementation but a consequence of normative dissonance among state law, religious norms, and social practices. Employing a juridical-empirical approach within a legal pluralism framework, the study draws on qualitative data from interviews, observations, and document analysis to explore how stigma and exclusion are socially and normatively produced. The findings reveal that disability stigma is reinforced through paternalistic religious interpretations, institutional routines in schools, and the lack of harmonization between Law No. 8 of 2016 on Persons with Disabilities and the National Education System Law. At the same time, religious values across faith traditions possess significant normative potential to function as modalities of inclusion when mobilized through interfaith engagement. This study contributes to socio-legal scholarship by reframing inclusive education as a contested normative space shaped by interfaith dynamics and legal pluralism, and by highlighting the necessity of legal reform alongside cross-religious collaboration to achieve substantive justice in education.
Copyright (c) 2025 Eta Lestari , Ani Purwanti , Ratna Herawati , Danang Puji Atmojo, Meidi Saputra (Author) https://creativecommons.org/licenses/by-sa/4.0
Abortion Laws in Indonesia and Islam: A Clash of Morality, Religion, and Rights
Abortion remains one of the most controversial legal and ethical issues, balancing between reproductive rights, religious doctrines, and state regulations. In Indonesia, abortion laws are primarily governed by the Health Law No. 36 of 2009 and the Criminal Code, which generally prohibit abortion except under specific circumstances, such as medical emergencies or rape-induced pregnancies. These legal restrictions reflect Indonesia’s socio-religious landscape, where Islamic principles significantly influence legislative frameworks. From an Islamic legal perspective, abortion is largely prohibited but with nuanced interpretations depending on the gestational stage and underlying reasons. Classical Islamic jurisprudence generally forbids abortion after ensoulment (believed to occur at 120 days of pregnancy), though some scholars permit it under limited circumstances, such as to preserve the mother’s life or in cases of severe fetal abnormalities. However, differences exist among Islamic schools of thought regarding permissibility before ensoulment, leading to diverse legal applications across Muslim-majority countries, including Indonesia. This study critically examines the intersection of Indonesian state law and Islamic law on abortion, highlighting their points of convergence and divergence. It explores how legal, religious, and ethical considerations shape abortion policies and the implications for women's reproductive rights. The paper also addresses ongoing debates over potential legal reforms, considering global human rights perspectives and the influence of Islamic jurisprudence in shaping reproductive health policies. By comparing these legal frameworks, this study aims to provide a comprehensive understanding of abortion law in Indonesia within both secular and religious contexts.
Copyright (c) 2024 Salsabila Triandani, Windiahsari Windiahsari, Ali Masyhar, Aprila Niravita, Rizqan Naelufar (Author) https://creativecommons.org/licenses/by-sa/4.0
Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law
Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.
Copyright (c) 2024 Destika Santi Putri Sarfitri, Ratih Damayanti, Rini Fidiyani, Winarsih Winarsih, Mutmainah Nur Qoiri, Jamaluddin Jamal Muhsen (Author) https://creativecommons.org/licenses/by-sa/4.0
Sacred Bonds or Sinful Ties? Interreligious Marriage in Islamic Law
Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.
Copyright (c) 2024 Rafli Zidan Eka Ramadhan, Rohadhatul Aisy, Shofriya Qonitatin Abidah, Fateema Muslihatun, Bagus Hendradi Kusuma (Author) https://creativecommons.org/licenses/by-sa/4.0
Beneath The Same Sky, Different Faiths: Why is Interfaith Marriage Prohibited in Islam?
Interfaith marriage remains a contentious issue in many legal and religious traditions, particularly in Islam, where it is explicitly regulated. This study explores the theological, legal, and sociocultural reasons behind the prohibition of interfaith marriage in Islam, with a focus on its implications for Muslim communities. Islamic law, derived from the Quran, Hadith, and scholarly interpretations, generally prohibits Muslim women from marrying non-Muslim men, while permitting Muslim men to marry women from the People of the Book (Christians and Jews) under specific conditions. This distinction is rooted in concerns about religious continuity, family structure, and the spiritual well-being of future generations. From a legal perspective, many Muslim-majority countries incorporate these religious principles into their national laws, restricting or entirely prohibiting interfaith unions. The justification for this prohibition is often linked to the preservation of Islamic values and the potential conflicts arising from differing religious obligations within a marriage. Sociologically, interfaith marriages can lead to identity struggles, legal uncertainties, and challenges in raising children with a unified religious identity. However, critics argue that such prohibitions may conflict with contemporary human rights principles, including freedom of marriage and religious choice. By examining Islamic jurisprudence alongside modern legal and social perspectives, this study seeks to provide a nuanced understanding of why interfaith marriage is restricted in Islam and how these regulations impact Muslim communities globally. It also explores the evolving discourse on this issue, particularly in pluralistic societies, where legal frameworks and personal freedoms increasingly challenge traditional religious interpretations.
Copyright (c) 2024 Dewi Zahra Setyawati, Veyza Olivia, Armanda N Ardiyanto, Qlarissa Melinda, Baidhowi Baidhowi, Yustina Dhian Novita, Hisyam Maliki Akbar (Author) https://creativecommons.org/licenses/by-sa/4.0
Juvenile Justice in Comparative Perspective: A Study of Indonesian State Law and Islamic Law
This study examines juvenile justice systems through a comparative analysis between Indonesian State Law and Islamic Law, focusing on the treatment and legal protection of juvenile offenders. The Indonesian legal framework, which follows a secular approach, offers specific regulations for juvenile justice under the Juvenile Justice System Law (No. 11 of 2012). This law emphasizes rehabilitation and diversion, ensuring that juvenile offenders are treated differently from adults, with a focus on reintegration into society. In contrast, Islamic law, rooted in the principles of Sharia, offers a distinct approach to juvenile justice. While Islamic law does not have a unified legal code for juvenile offenders, its application emphasizes the protection of minors from harsh punishments and prioritizes their rehabilitation. Islamic legal scholars agree on the importance of age and maturity in determining the level of responsibility for a juvenile’s actions. The concept of "ta'zir" (discretionary punishment) plays a significant role in ensuring that juvenile offenders are treated with fairness, aiming at their moral and social reform. This comparative study highlights the similarities and differences between the two legal systems in addressing juvenile crime, considering the broader cultural and legal contexts that shape juvenile justice policies in Indonesia and Islamic law. The paper explores how these legal frameworks balance punishment with rehabilitation and the role of community involvement in reforming juvenile offenders. The study contributes to understanding the potential for cross-jurisdictional insights in improving juvenile justice practices, emphasizing the need for a more unified and human-centric approach in dealing with young offenders.
Copyright (c) 2024 Adrian Hadiputra, Muhammad Azil Maskur, Ridwan Arifin, Ikram Amrullah, Hibatullah Maajid (Author) https://creativecommons.org/licenses/by-sa/4.0
Ensuring Legal Certainty for Customary Law Communities in Indonesia: Analyzing the Ratification Process of the Customary Law Communities Bill
This study examines the pursuit of legal certainty for customary law communities in Indonesia through analyzing the ratification process of the Customary Law Communities Bill. Customary law communities, integral to Indonesia's cultural fabric, have long grappled with ambiguous legal recognition, leading to vulnerability and uncertainty. By scrutinizing the journey of the Customary Law Communities Bill towards enactment, this research aims to elucidate the prospects of establishing a robust legal framework safeguarding the rights and interests of these communities. Drawing from legislative documents, legal debates, and stakeholder insights, the study assesses the bill's opportunities and challenges. Additionally, the research delves into the implications of legal certainty for customary law communities, exploring its potential impact on autonomy, cultural heritage, and socio-economic development. Through case studies and empirical evidence, the study illuminates the practical ramifications of the bill's provisions across Indonesia. This study contributes to discussions on legal pluralism, indigenous rights, and community empowerment in Indonesia. By advocating for the recognition and protection of customary law communities within the legal framework, it seeks to foster inclusive governance and cultural diversity. Ultimately, it underscores the significance of ensuring legal certainty as a cornerstone of justice and equality for all communities, irrespective of their cultural or legal traditions.
Copyright (c) 2024 Zainurohmah Zainurohmah, Salim Noer Mahmudi, Jihan Alfarisi (Author) https://creativecommons.org/licenses/by-sa/4.0
The Vital Role of Legal Education in Societal Transformation: Fostering Legal Awareness and Social Justice
This article explores the crucial role of legal education in societal transformation, with a specific focus on fostering legal awareness and promoting social justice. The introduction highlights the inherent interconnectedness of individuals in communal living and emphasizes law as a dual-aspect phenomenon governing legal subjects. The research aims to analyze the multifaceted functions of law, such as social control, engineering, symbolism, politics, and integration, to contribute to shaping a balanced and just society. The paper also delves into the objectives of legal education, intending to cultivate responsible citizens with a comprehensive understanding of legal awareness. Employing a qualitative approach through an extensive literature review, the methodology focuses on studying existing scholarly works. The article advocates for integrated efforts to realize legal transformation and societal harmony through robust legal education initiatives. In conclusion, it underscores the need for a collective commitment to fostering legal awareness for a more just and harmonious society.
Copyright (c) 2024 Satrio Alpen Pradanna, Hendri Irawan (Author) https://creativecommons.org/licenses/by-sa/4.0
A Discourse of Marriage Principles in a Multicultural Society in Indonesia: Mono and Polygamous Practices
This paper delves into the discourse surrounding marriage principles within Indonesia's diverse multicultural landscape, with a particular focus on both monogamous and polygamous practices. As a nation characterized by rich cultural and religious diversity, Indonesia provides a unique context for examining the dynamics of marital norms and traditions. Through a comprehensive analysis, this study explores the historical, legal, and socio-cultural dimensions of monogamous and polygamous marriages, shedding light on their prevalence, legal frameworks, and societal implications. Drawing upon legal perspectives, societal attitudes, and empirical evidence, this discourse aims to provide a nuanced understanding of the complexities inherent in marital practices within Indonesia's multicultural society. Ultimately, this study contributes to broader discussions on marriage, diversity, and legal pluralism, offering insights into the evolving nature of marital norms and their intersection with Indonesia's multicultural fabric.
Copyright (c) 2024 Endriyani Lestari, Abdul Malik Hasyim El Rahman, Abdul Kareem Zuhud (Author) https://creativecommons.org/licenses/by-sa/4.0
Integrating Islamic Laws into Indonesian Data Protection Laws: An Analysis of Regulatory Landscape and Ethical Considerations
This study explores the intersection of personal data protection laws in Indonesia with Islamic principles, focusing on the regulatory landscape and ethical considerations surrounding data privacy. With the proliferation of digital technologies and data-driven processes, safeguarding personal information has become paramount. Drawing from legal frameworks, Islamic jurisprudence, and contemporary discussions on data privacy, this research investigates how Islamic principles inform and complement existing data protection measures in Indonesia. The analysis begins by examining the legal foundation of personal data protection in Indonesia, emphasizing key provisions of relevant legislation and constitutional mandates. It then delves into Islamic principles related to privacy, confidentiality, and ethical conduct, as derived from primary Islamic sources such as the Quran, Hadiths, and scholarly interpretations. The study evaluates the alignment between personal data protection laws and Islamic ethics, identifying areas of convergence and potential divergence. It explores the implications of Islamic principles for data handling practices, consent requirements, and accountability mechanisms within the Indonesian context. Furthermore, the research discusses the practical implications of integrating Islamic principles into data protection frameworks, considering challenges, opportunities, and best practices for ensuring compliance and ethical data governance. By bridging legal and ethical perspectives, this study contributes to a deeper understanding of personal data protection in Indonesia and offers insights into the role of Islamic principles in shaping contemporary approaches to privacy and confidentiality in the digital age. It underscores the importance of holistic and culturally approaches to data governance that respect both legal requirements and ethical norms derived from Islamic teachings.
Copyright (c) 2024 Tegar Islami Putra, Akbar Jihadul Islam, Abdullah Mufti Abdul Rahman (Author) https://creativecommons.org/licenses/by-sa/4.0
Rights of Children from Interfaith Marriages: Child Registration Case in Semarang, Indonesia
This paper investigates the rights of children born into interfaith marriages, focusing on child registration in Semarang. In a multicultural society like Indonesia, children from interfaith unions face complex legal and social challenges. This study explores the nuances of child registration in Semarang, addressing the legal framework, social dynamics, and implications for children's rights. Beginning with an overview of Indonesia's legal context, the paper emphasizes the importance of civil registration in establishing a child's legal identity and access to rights and services. It examines the hurdles encountered by interfaith families in navigating registration procedures, including issues of parental consent, religious affiliation, and administrative barriers. The study also delves into the social aspects of child registration in Semarang, analyzing how cultural norms, religious beliefs, and community attitudes shape the registration process and affect children's legal recognition. Challenges such as social stigma, discrimination, and bureaucratic inefficiencies are highlighted as obstacles to obtaining birth certificates and official documentation for children from interfaith backgrounds. Furthermore, the paper discusses the implications of insufficient child registration for children's rights, emphasizing the importance of equal treatment and legal recognition for all children, regardless of their parents' religious affiliations or cultural backgrounds. By examining the child registration case in Semarang, Indonesia, this study contributes to broader discussions on the rights of children from interfaith marriages and advocates for inclusive policies and practices. Addressing legal and social barriers to registration and promoting interfaith dialogue can ensure that every child enjoys their fundamental rights and opportunities for a fulfilling future.
Copyright (c) 2024 Ruth Elita, Fathiyyah Layla, Chelsy Naristya, Zulfhan Akbar, Miftahul Jannah (Author) https://creativecommons.org/licenses/by-sa/4.0
Religious Reform: Parallels between the European Reformation and Contemporary Challenges in Muslim-Majority Societies
This article explores into the profound dynamics of religious reform by drawing parallels between the European Reformation and the contemporary challenges facing Muslim-majority societies. While recognizing the unique contexts of these historical periods, the analysis sheds light on essential elements such as freedom, individualism, and the separation of religion from the state. It explores how these principles have played transformative roles in shaping Western modernity and their potential relevance in addressing current issues in Muslim-majority countries. The absence of a centralized religious authority in the latter context presents distinctive challenges, emphasizing the need for decentralized and context-specific reform strategies. The article underscores the importance of a multifaceted approach to reform, involving scholars, religious leaders, intellectuals, and civil society actors, in navigating the intricate path toward progress and renewal. Ultimately, this examination reaffirms the timeless pursuit of reform as a testament to human resilience and the enduring quest for positive change.
Copyright (c) 2024 Hazem Almassry (Author) https://creativecommons.org/licenses/by-sa/4.0
Indonesian Legal Compliance with International Human Rights Law on Female Genital Mutilation
This paper examines the legal framework in Indonesia concerning Female Genital Mutilation (FGM) in light of its obligations under international human rights law. FGM persists in Indonesia despite legal prohibitions and international condemnation. Through an analysis of Indonesian laws, international human rights instruments, and relevant case studies, this study explores the extent to which Indonesian legislation aligns with international standards on FGM. Despite ratifying several human rights treaties, Indonesia lacks comprehensive legislation explicitly criminalizing all forms of FGM, leading to inconsistent enforcement and protection gaps for girls and women. Moreover, cultural and religious justifications often hinder effective legal action against FGM practitioners. This paper underscores the urgent need for Indonesia to strengthen its legal framework, ensure effective enforcement, and promote awareness of human rights principles to eliminate FGM fully. By addressing these gaps, Indonesia can uphold its international human rights obligations and safeguard the rights and dignity of girls and women.
Copyright (c) 2023 Nurul Fazrie Fitriani, Elvita Trisnawati (Author) https://creativecommons.org/licenses/by-sa/4.0
Early Marriage and Implications for Future Orientation in Islamic Law
Early marriage, deeply ingrained in cultural and religious traditions like Islam, profoundly influences individuals' future perspectives. This paper delves into early marriage within Islamic law's framework, examining its ramifications on individuals' outlooks. Drawing from Islamic jurisprudence, sociological insights, and psychological perspectives, the study scrutinizes early marriage's legal, social, and psychological dimensions. While Islam sanctifies marriage, it also underscores maturity and readiness, often at odds with prevalent early marriage customs. This practice poses multifaceted implications. Legally, it raises concerns about consent and well-being, especially when parties lack full maturity. Socially, early marriage curtails educational and economic opportunities, hindering future planning and goal pursuit. Psychologically, it induces stress and coping challenges with adult responsibilities prematurely. Additionally, early marriage affects broader societal aspects like population growth and gender equality. Addressing this issue necessitates a holistic approach integrating legal reforms, educational programs, and community support to safeguard vulnerable groups, notably girls and young women. By scrutinizing the legal, social, and psychological facets of early marriage, this paper seeks to inform interventions aligning with Islamic principles and universal human rights, promoting individuals' protection and empowerment.
Copyright (c) 2023 Farel Rifandanu, Ayu Febrianti (Author) https://creativecommons.org/licenses/by-sa/4.0
Formulation of Public Policy Based on Islamic Legal Studies as a Solution in the Contemporary Era
In the contemporary era, the formulation of public policy faces multifaceted challenges, ranging from socioeconomic inequalities to cultural diversity and environmental sustainability. This paper explores the potential of Islamic legal studies as a framework for devising public policies that address these challenges while aligning with Islamic principles and values. By integrating insights from Islamic jurisprudence, ethics, and governance, this study elucidates how Islamic legal principles can inform the formulation and implementation of public policies that promote justice, equity, and welfare for all segments of society. Through a comprehensive review of relevant literature and case studies, this research examines the role of Islamic legal studies in shaping public policy across various domains, including economics, social welfare, environmental conservation, and governance. It analyzes the compatibility of Islamic legal principles with contemporary policy issues, highlighting areas of convergence and divergence with conventional policy approaches. Furthermore, this paper investigates the mechanisms for incorporating Islamic legal perspectives into the policymaking process, considering the roles of policymakers, scholars, civil society actors, and international institutions. The findings of this study contribute to the discourse on the role of Islamic legal studies in contemporary governance and policy development, offering insights into how Islamic principles can enrich and complement existing policy frameworks. By emphasizing principles of justice, compassion, and stewardship, policies informed by Islamic legal studies have the potential to
Copyright (c) 2023 Rifki Fakihudin (Author) https://creativecommons.org/licenses/by-sa/4.0
Comparative Justice Accountability of Samen Leven Actors in Indonesia and Malaysia
The phenomenon of samen leven, or cohabitation, challenges traditional religious and cultural norms in Indonesian society, yet it has become increasingly prevalent in contemporary times, particularly in Indonesia and Malaysia. This trend suggests a shifting landscape where moral and religious values are undergoing transformation. This article delves into the regulatory frameworks surrounding cohabitation, examining provisions within both current and proposed Criminal Codes, and explores the ensuing debates and controversies. Additionally, it scrutinizes the legal, religious, and social perspectives on cohabitation, along with the associated sanctions. The primary objective of this paper is to comprehensively understand the legal stance on cohabitation and explore measures to address the issue of samen leven in Indonesia, achieved through a comparative analysis of legal systems between Malaysia and Indonesia. The research employs a combination of literature review and normative juridical methods, relying on primary sources such as the Criminal Code, Marriage Law No. 1 of 1974, and Malaysia's 1984 Islamic Family Law pertaining to marriage and divorce. Secondary sources encompass a wide array of legal publications, including textbooks, legal dictionaries, journals, articles, and case commentaries. By critically examining the legal frameworks and social contexts surrounding cohabitation, this study aims to provide insights into the divergent approaches adopted by Malaysia and Indonesia. Such insights are pivotal for developing effective strategies and policies to address the challenges posed by cohabitation while navigating the complexities of religious, cultural, and legal landscapes in both countries.
Copyright (c) 2023 Atha Difa Saputri, Ricky Julianto (Author) https://creativecommons.org/licenses/by-sa/4.0