al-Mawarid Jurnal Syariah dan Hukum (JSYH)

ONLINE TA‘ĀRUF, DIGITAL VISUALIZATION, AND THE LIMITS OF VIEWING ‘AWRAH: A HADITH-BASED REINTERPRETATION IN ISLAMIC LAW WITHIN THE DIGITAL BETROTHAL PROCESS

Usman, Nuri Safitri, Ahmad Failasuf Nasuha — Sat, 28 Feb 2026 00:00:00 +0000

Purpose - This study was motivated by the prevalence of online ta‘āruf practices that rely on the exchange of photos and visualizations of women's bodies, giving rise to debates about the limits of viewing the ‘awrah in Islamic law. This study aims to analyze this permissibility through a reinterpretation of the hadiths on khiṭbah and to formulate normative and ethical boundaries for viewing women's ‘awrah that are relevant to the characteristics of digital media in online ta‘āruf practices.

Methods - This qualitative study used a normative-contextual approach. Primary data were sourced from the Instagram social media account @taaruf. co.id as an online ta‘āruf service provider and khiṭbah hadiths. Secondary data included fiqh literature, hadith commentary, and contemporary studies on digital ethics and online ta‘āruf . Data analysis was conducted through tracing the 'illat (legal rationale), contextual reading, and normative-ethical analysis of online ta’aruf practices.

Findings – This study found a new form of online ta‘āruf practice characterized by repeated visual exchanges, image storage, and visual consumption that is not always accompanied by a clear commitment to marriage. The reinterpretation of the khiṭbah hadiths was carried out by repositioning the 'illat of the permissibility of seeing, from mere visual permissibility to a limited means for making the decision to marry and preventing future regret. Based on this repositioning, this study formulates normative boundaries for viewing women's ‘awrah that emphasize the connection between permissibility and the goal of marriage. This study reformulates the ethics of viewing women’s ‘awrah in online ta‘āruf, which includes respect for women's karāmah, moral responsibility, goal orientation, and self-control in the digital space.

Contribution/limitations - This study contributes to the development of contemporary Islamic legal ethics by offering a relational ethical framework for users and online ta‘āruf platforms, although it is still limited to normative studies and requires reinforcement through further empirical research.

THE DIALECTIC OF USURY AND LIQUIDITY NEEDS: AN ISLAMIC LEGAL REVIEW OF SHARIA BANK FUND PLACEMENTS IN CONVENTIONAL BANKS IN INDONESIA

Iib Hibaturohman, Atang Abdul Hakim, Dena Ayu, Muhammad Tegar Syaekhudin — Fri, 28 Feb 2025 00:00:00 +0000

Purpose - This study departs from the normative problem of placing Islamic bank funds in conventional banks, which continues amid limited Islamic liquidity instruments, causing tension between the qaṭ‘ī prohibition of usury and the need for systemic liquidity in the dual banking system. This study aims to determine the extent to which the placement of Islamic bank funds in conventional banks is permissible under Islamic law and the limits of permissibility that can be maintained without reducing the principle of non-usury (ribā).

Method - This study uses a normative qualitative method based on fiqh and uṣūl al-fiqh analysis oriented towards maqāṣid al-sharī‘ah, with analysis techniques in the form of content analysis and comparative legal analysis of the views of contemporary scholars, DSN-MUI fatwas, and Indonesian and Financial Services Authority regulations.

Finding - The permissibility of fund placement can only be positioned as a temporary rukhsah based on ḥājah that is close to systemic emergency, with operational indicators in the form of the absence of adequate sharia liquidity instruments, time and nominal restrictions in proportion, non-interest schemes, and strict and continuous sharia supervision. The legitimacy of this permissibility is casuistic and contextual and cannot be normalized as a permanent practice in Shariah banking liquidity management. This study affirms a moderate-critical normative approach that acknowledges the regulatory reality in the dual banking system while still placing the non-usury principle and the principle of Sharia prudence as the main ethical-juridical boundaries in preventing the shift of Sharia principles in contemporary financial practices.

Contribution - This research contributes to the conceptual reformulation of temporary rukhsah as an operational legal category in contemporary fiqh al-mu‘āmalah and the strengthening of sharia liquidity instruments.

Limitations - The limitations of this research lie in its predominantly normative-conceptual basis of analysis, which is not yet supported by comparative empirical data across Islamic banking institutions.

HYBRID AUTHORITY AT THE INTERSECTION OF CONSTITUTION AND SHARIA: JURISDICTIONAL DILEMMAS AND THE ENFORCEMENT OF ISLAMIC FAMILY LAW IN NIGERIA

Thu, 05 Mar 2026 00:00:00 +0000

Purpose – This study examines why the constitutional recognition of Sharia family courts in Nigeria has failed to resolve ongoing tensions over power, legitimacy, and jurisdiction, revealing a structural dilemma in which constitutional supremacy and Sharia authority coexist without meaningful integration.

Methods – This study uses a normative legal method based on doctrinal analyses. Primary data include constitutional provisions and legal instruments governing Sharia courts, while secondary data consist of established scholarly studies on Islamic legal theory, constitutional law, and legal pluralism. Data were analyzed using interpretive and analytical techniques to assess jurisdictional structures, sources of authority, and adjudication patterns.

Findings – These findings show that Islamic family law in Nigeria operates through a dual structure of constitutional legality and religious legitimacy, resulting in the persistent fragmentation of authority that produces doctrinal inconsistency, judicial minimalism, and institutional caution. Rather than offering a principled framework for coexistence, constitutional supremacy functions primarily as a mechanism of subjugation, placing Sharia family law in a state of formal validity but with normative uncertainty. Thus, the stability of Islamic family law does not arise from the resolution of conflicts of authority but rather from the ability of the judicial system to manage normative tensions through case-specific accommodations within a stable but conceptually fragile space of legal pluralism.

Research contribution/limitations – This study is limited to normative legal analysis and does not include empirical court data or litigants’ perspectives. Therefore, the conclusions cannot be generalized beyond doctrinal interpretations.

Originality/value – This study offers a conceptual reframing of Islamic family law as a semi-autonomous normative subsystem within the constitutional order, contributing to the debate on legal pluralism and religious courts.

BETWEEN JUDICIAL DISCRETION AND THE BEST INTERESTS OF THE CHILD: THE DILEMMA OF CHILD PROTECTION IN MARRIAGE DISPENSATION IN INDONESIA

Latifatus Zahra Az Zubaidi, Ahmad Fauzi, Ahbib Wildan Sholihi — Thu, 05 Mar 2026 00:00:00 +0000

Purpose – This study aims to analyze the normative paradox in the flexibility of marriage dispensations, which expands the subjectivity of judicial decisions due to the absence of substantive indicators of “urgent reasons” and parameters of the best interests of the child. In addition, this study examines the shift in the function of dispensations from the ultimum remedium to a response to social pressure. This study also evaluates its impact on the consistency of decisions and the effectiveness of the minimum age norm as an instrument of child protection.

Methods – This study used a qualitative method with a normative legal approach. The research data consist of primary and secondary legal materials selected purposively based on their relevance and authority, with a focus on legal norms and judicial considerations related to marriage dispensation.

Findings – This study confirms the existence of a normative paradox in the flexibility of marriage dispensation in Indonesia, where the mechanism, originally designed as a limited correction to the minimum age limit, has instead expanded the scope for subjectivity in judicial practice due to the absence of indicators regarding compelling reasons and operational parameters in the best interests of the child. This has resulted in inconsistent decisions and weakened child protection. Furthermore, the functional shift of dispensation from ultimum remedium to a response to social pressure has blurred the boundaries and has the potential to shift the law from an instrument of protection to a means of legitimizing child marriage practices.

Research contribution/limitations – This study offers a conceptual framework for reorienting the practice of marriage dispensation towards child protection and substantive justice. However, this study does not fully accommodate the empirical perspectives of those directly affected by the disaster.

Originality/value – The novelty of this study is that it positions marriage dispensation as a structural issue in family law, emphasizing the need for more accountable regulatory standards and judicial guidelines for the protection of children and justice.

DEVELOPING HALAL TOURISM BASED ON TRADITIONAL CULINARY HERITAGE: AN ISLAMIC LAW AND SWOT ANALYSIS OF CERTIFICATION COMPLIANCE IN TANGERANG, INDONESIA

Thu, 05 Mar 2026 00:00:00 +0000

Purpose – This study aims to analyze the gap between the economic potential of traditional cuisine in the halal tourism ecosystem and the level of compliance of business actors with certification requirements, as stipulated in the Halal Product Guarantee Law. This study also examines the factors influencing the halal tourism ecosystem and halal guarantees among business actors in Laksa Tangerang.

Methods – This study used a qualitative descriptive method with a normative juridical approach. The analysis was conducted by linking the culinary practices of Laksa Tangerang with SWOT analysis and halal product assurance regulations in Indonesia. Data were obtained through observations in the culinary tourism area in Laksa Tangerang, interviews with Laksa vendors, visitors, and the local community, and relevant literature.

Findings – This study shows that the stagnation of halal culinary growth in Laksa Tangerang is caused by multidimensional structural constraints, including limited innovation, weak segmentation and promotion, and governance issues. The SWOT analysis identified several strategic strengths that position Laksa Tangerang as a potential hub for halal tourism development. From an Islamic law perspective, its integration into the halal tourism ecosystem requires formal halal certification as a Halal Product Guarantee, so that halal assurance is institutionalized in a credible manner. Therefore, strengthening halal literacy, expanding certification, and improving governance are prerequisites for transforming Laksa Tangerang into a competitive and sustainable halal culinary tourism destination.

Research contribution/limitations – This study contributes to providing space for the actualization of sharia values in local economic practices and offers a contextual and applicable SWOT analysis framework.

Originality/value – This research offers a new perspective on integrating traditional culinary heritage into the Islamic legal framework in a contextual manner, thereby offering a model for sustainable Halal tourism development.