Regulation of Economic Rights Protection for Women After Divorce From the Perspective of Maqasid Al-Syariah

2025-05-27T04:16:37+00:00

The purpose of this study is to explain the regulations on the protection of women's economic rights after divorce and to present a critique from the perspective of Maqasid al-Shari'ah on these regulations. This is a qualitative study, using a library research design. The data collection method employed is literature review. The results of the study indicate that the regulations on the protection of women's economic rights after divorce in Indonesia are contained in several legal provisions, such as Article 41 letter C of Law No. 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI) Articles 149, 152, 158, 160, 97, 96, and Article 80 paragraph (4) letter (a), as well as Article 160 paragraph (4) of the KHI. In addition, it includes Supreme Court Regulation (PERMA) No. 3 of 2017, Supreme Court Circular Letters (SEMA) No. 1 of 2017, No. 3 of 2018, No. 2 of 2019, and No. 5 of 2021, the Decree No. 1669/DJA/HK.00/5/2021 on the Assurance of the Fulfillment of Women’s and Children’s Rights After Divorce, and the Circular Letter of the Directorate General of Religious Courts No. 1960/DjA/HK.00/6/2021. However, there are legal loopholes in these regulations regarding the protection of economic rights after divorce, making it uncertain and not fully guaranteed that women's economic rights will be fulfilled. Therefore, the regulations cannot entirely ensure the protection of women's economic rights after divorce. This is not in line with Hifz al-Din (protection of religion), as it contradicts the principles of economic rights for women after divorce as mandated by Islamic law. It also does not align with Hifz al-Nafs (protection of life), as it poses risks to the psychological and physical well-being of women, potentially endangering their lives. Furthermore, it is inconsistent with Hifz al-Mal (protection of wealth), as it may jeopardize the financial stability of women who are housewives, particularly those who are elderly or suffering from health issues.

Criminal Liability For Illegal Abortion In Indonesian And Islamic Law: a Comparative Study

2025-05-28T05:18:56+00:00

This study examines criminal liability for illegal abortion under Indonesian positive law and Islamic law by analyzing their normative foundations, common ground, and points of difference. Using a normative legal research method with a comparative approach, this study utilized primary sources, including the Criminal Code, Health Law, Qur’an, Hadith, classical fiqh literature, and MUI fatwas to map the rules and rationale of each system. The findings show that both legal frameworks expressly prohibit abortion without a valid reason, but differ in terms of rationale and sanctions. Indonesian law emphasizes formal legal protection of the right to life, with prison sentences of up to 15 years and fines of up to 1 billion rupiah. Islamic law frames abortion as a moral-religious offense, calibrating punishment to the development of the fetus: before 120 days, the perpetrator pays ghurrah, and after 120 days, abortion is equated with murder and punishable by qisas or diyat. Integrating textual interpretation with the maqasid sharia framework, this research contributes a nuanced comparative model that highlights how secular and religious norms can inform one another. This research underscores the need for legal harmonization, policymakers can enrich Indonesia’s regulatory regime by incorporating maqasid sharia principles such as staged medical review and psychosocial counseling into existing legislation to strike a balance between legal certainty, public health, and ethical imperatives. These insights pave the way for targeted reforms and empirical studies that assess the real-world impact of a harmonized, combined approach in reducing illegal unsafe abortion and promoting reproductive justice

Bilancia: Jurnal Studi Ilmu Syariah dan Hukum

Regulation of Economic Rights Protection for Women After Divorce From the Perspective of Maqasid Al-Syariah

Criminal Liability For Illegal Abortion In Indonesian And Islamic Law: a Comparative Study