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Negotiating Islamic Inheritance through Legal Pluralism: A Socio-Legal Study in Agrarian Communities

Ahmad Zulfi Fahmi ID , Bakari Arabi GB

Background: Islamic inheritance law (farā’iḍ) is frequently negotiated within Muslim societies where customary traditions, social relations, and economic conditions influence legal practices. Although legal pluralism in Islamic inheritance has been widely discussed, limited studies explain how rural Muslim communities receive, interpret, and reconstruct inheritance norms through everyday socio-cultural experiences, particularly in agrarian settings.

Objective: This study aims to examine how the community of Dusun Bakung, Cilacap, receives and negotiates Islamic inheritance law within an agrarian social context, particularly regarding the interaction between farā’iḍ, customary practices, and agricultural land preservation.

Methods: This study employed a qualitative socio-legal approach. Data were collected through semi-structured interviews, participant observation, and document analysis. The data were analyzed using Stuart Hall’s reception theory to explore community interpretations and negotiations of Islamic inheritance principles.

Results: The findings reveal that the community adopts a negotiated reception of farā’iḍ, recognizing Islamic inheritance law as a religious foundation while adapting its implementation through family deliberation (musyawarah). The principle of tanah ora kena didum influences inheritance decisions by supporting agricultural land preservation, family harmony, and intergenerational sustainability.

Conclusion: Islamic inheritance practices in Dusun Bakung function as living Islamic law, shaped by the interaction between religious norms, customary values, and agrarian realities.

Novelty: This study contributes a new socio-legal perspective by integrating Stuart Hall’s reception theory, Islamic inheritance law, and sustainable land governance to explain how rural Muslim communities construct contextual inheritance practices within pluralistic legal systems.

Pages: 13-24
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Legal Uncertainty in Indonesia's Mining Sector: Impact on Business, Inheritance, and Asset Division Challenges

Ending Solehudin ID , Supaprawat Siripipatthanakul MY

Background: Legal uncertainty in Indonesia’s mining sector has created challenges not only for business operations but also for the management, inheritance, and distribution of mining-related assets within families. This study examines how regulatory ambiguity affects asset division and inheritance under Islamic law.

Methods: This study employs a qualitative legal research approach through document analysis and case study review. Relevant legal sources include mining regulations, Government Regulation No. 25 of 2024, Presidential Regulation No. 77 of 2024, and Islamic inheritance law (fara'id). Data were analyzed using thematic analysis to identify legal inconsistencies and their implications.

Results: The findings reveal that unclear and inconsistent mining regulations contribute to disputes concerning ownership, control, and transfer of mining-related assets. These uncertainties complicate the implementation of Islamic inheritance principles and often trigger conflicts among heirs and family members.

Discussion: The separation between mining regulations and Islamic inheritance law creates legal ambiguity in family wealth management. The absence of an integrated regulatory framework limits legal certainty and hinders equitable asset distribution in inheritance and post-divorce settlements involving mining businesses.

Conclusion: Strengthening legal harmonization between mining law and Islamic inheritance law is essential to reduce disputes, improve legal certainty, and support fair asset distribution while maintaining business sustainability in the mining sector.

Novelty: This study offers an integrated analysis of mining law and Islamic inheritance law by demonstrating how legal uncertainty in the mining sector affects inheritance governance and family asset distribution in Indonesia.

Pages: 58–68
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Cross-Border Marriage Registration under Islamic Family Law: A Maqāṣid-Based Governance Model

Eti Jumiati ID , Hawwa binti Abdul Mokti MY

Background: Increasing transnational mobility has accelerated cross-border marriages among Muslim communities, particularly between Indonesia and Malaysia. Although both countries share common foundations in Islamic family law, differences in marriage registration systems continue to generate legal uncertainty regarding marital recognition, inheritance, child legitimacy, and judicial protection.

Methods: This study employs a qualitative doctrinal and comparative legal approach by examining statutory regulations, institutional arrangements, and scholarly literature on cross-border marriage registration in Indonesia and Malaysia. The analysis is interpreted through the maqāṣid al-sharīʿah framework to assess legal governance and family protection.

Results: The findings indicate that both jurisdictions pursue the same objectives of legal certainty and family protection but adopt different administrative and institutional mechanisms. Indonesia emphasizes centralized registration and judicial validation, whereas Malaysia relies on state Islamic religious authorities and Syariah Courts, resulting in different procedures for recognizing cross-border marriages.

Discussion: Based on these findings, this study develops the Integrated Maqāṣid-Based Cross-Border Marriage Governance (IMCG) Model, comprising regulatory compatibility, institutional coordination, digital administrative interoperability, judicial cooperation, and maqāṣid-oriented family protection. The model promotes legal interoperability while respecting national legal sovereignty.

Conclusion: Cross-border marriage registration should be understood as an integrated governance mechanism that strengthens legal certainty, family rights, and sustainable protection for transnational Muslim families through enhanced bilateral cooperation.

Novelty: This study introduces the IMCG Model, integrating comparative Islamic family law, administrative governance, and maqāṣid al-sharīʿah into a unified framework for strengthening cross-border marriage governance among Muslim-majority jurisdictions.

Pages: 1-15
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Strengthening Muslim Family Resilience through the Maqāṣid-Based Climate Family Resilience (MCFR) Model

Kaosar Hayeejehwee EG , Ahza Rumaisha Putri Ahyani ID , José Manuel Naranjo Gómez ES

Background: Climate mobility increasingly affects Muslim families by disrupting marriage stability, child protection, inheritance, maintenance obligations, and access to justice. Existing studies primarily address climate mobility from environmental or human rights perspectives, while a comprehensive Islamic family law framework grounded in maqāṣid al-sharīʿah remains underdeveloped. This study proposes a Maqāṣid-Based Climate Family Resilience (MCFR) Model through comparative analysis of Egypt, Indonesia, and Spain.

Methods: This study employs a qualitative comparative socio-legal approach integrating doctrinal legal analysis, comparative Islamic family law, policy analysis, and documentary research. The analytical framework combines maqāṣid al-sharīʿah, Climate Justice Theory, Family Resilience Theory, and Legal Pluralism Theory.

Results: The findings indicate that climate mobility generates similar legal and social challenges across the three jurisdictions despite differing legal traditions. The MCFR Model integrates the five objectives of maqāṣid al-sharīʿah with climate justice, adaptive family governance, legal pluralism, and institutional collaboration to strengthen Muslim family resilience.

Discussion: The proposed model extends Islamic family law scholarship by providing a normative and adaptive framework that harmonizes religious principles with climate-responsive legal governance while promoting legal certainty, family welfare, and social justice.

Conclusion: Strengthening Muslim family resilience requires an integrated Islamic legal framework capable of addressing climate-induced family vulnerabilities. The MCFR Model offers a practical and theoretically grounded approach for climate-responsive family law reform in diverse legal systems.

Novelty: This study introduces the MCFR Model as an original comparative socio-legal framework linking maqāṣid al-sharīʿah, climate mobility, family resilience, and legal pluralism within contemporary Islamic family law.

Pages: 37–48
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Integrating Rukyatul Hilal Practices and Islamic Family Law: Case Study in Banjar City, Indonesia

Salwa Zahra Zulfiani Fitriyah ID , Nurul Ilyana Muhd Adnan MY

Background: The determination of Islamic lunar months through rukyatul hilal constitutes a critical intersection between Islamic jurisprudence and astronomy because it establishes the legal timing of marriage, divorce, iddah, inheritance, and other matters of Islamic family law. Despite extensive studies on rukyat and hisab, limited empirical socio-legal research has examined their implications for legal certainty at the local level.

Methods: This study employed a qualitative socio-legal case study integrating normative analysis of Islamic legal sources with empirical data collected through semi-structured interviews involving Religious Court judges, Ministry of Religious Affairs officials, religious leaders, and community representatives in Banjar City, West Java, Indonesia. Documentary analysis, triangulation, and thematic analysis were applied within the framework of maqāṣid al-sharī‘ah.

Results: The findings reveal that legal certainty is strengthened through the integration of rukyat, hisab, MABIMS Neo-Visibility criteria, and the national Sidang Isbat. Although Religious Courts consistently implement the official Hijri calendar, some communities continue following organizational determinations, creating limited differences in the timing of family law practices without substantially disrupting legal administration.

Discussion: The implementation of Islamic family law depends on institutional coordination among religious authorities, state institutions, astronomers, and local communities rather than on a single method of lunar month determination.

Conclusion: Integrating religious, scientific, and institutional approaches enhances legal certainty while accommodating legitimate jurisprudential diversity in implementing Islamic family law.

Novelty: This study proposes the Integrated Rukyatul Hilal Governance Framework (IRHGF), an empirical socio-legal model explaining how astronomical observation, religious authority, institutional coordination, and public administration collectively strengthen legal certainty in Islamic family law.

Pages: 13–24
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