Clarifying Heirs’ Rights in Indonesian Waqf Law: Toward Stronger Governance and Conflict Prevention Huzaimah Al-Anshori, M. Syamsudin, Agus Triyanta, Ramadhita Ramadhita, Syabbul Bachri, et al. Nurani, 2025 This research analyzes the current legal framework governing the rights of a wakif’s heirs under Indonesian waqf law and proposes a model of regulatory reform aimed at enhancing waqf governance and minimizing potential inheritance disputes. The urgency of this research arises from the increasing number of waqf dispute cases brought before Indonesian Religious Courts, many of which involve heirs claiming ownership of assets already pledged as waqf. These disputes reflect ongoing legal uncertainty and the lack of clear regulatory provisions governing heirs’ procedural rights, a condition that risks weakening both the long-term sustainability of waqf management and the overall stability of the legal system. The objectives of this study are twofold: (1) to analyze the normative and socio-legal factors contributing to heirs’ involvement in waqf disputes, and (2) to propose a legal reform framework that clarifies their position within the waqf system. Using a normative juridical method with statutory and conceptual approaches, the study finds that the ambiguity of Law No. 41 of 2004 concerning Waqf, particularly the absence of the term “wakif’s heirs” in Article 6, creates interpretive gaps leading to recurrent ownership claims. To address these issues, this paper proposes revising the Waqf Law to explicitly recognize the limited supervisory rights of heirs while maintaining the sanctity of waqf as perpetual charity. This proposed reform seeks to align the principles of Islamic jurisprudence with national law in order to ensure legal certainty, reduce the potential for disputes, and strengthen the overall effectiveness of waqf governance. The study contributes conceptually by redefining heirs’ legal standing and practically by promoting a conflict-resilient and sustainable waqf ecosystem in Indonesia.
The transformation of state islamic higher education institutions into World-Class University: From globalisation to institutional values Sudirman Sudirman, Ramadhita Ramadhita, Syabbul Bachri, Yayuk Whindari Social Sciences and Humanities Open, 2025 The competition among alumni in the job market has driven universities worldwide to strive for the title of World Class University (WCU). In Indonesia, some public and private universities have entered the global rankings. However, only two State Islamic Higher Education Institutions (SIHEI) have entered the world rankings. Various efforts have been made to achieve internationalisation , but these efforts are hindered by institutional and financial management autonomy . This study aims to analyze the strategies adopted by SIHEI to achieve World-Class University (WCU) status and investigate how the incorporation of institutional values can mitigate the negative impacts of internationalisation . This article is based on qualitative research using a descriptive approach. Research data were obtained from secondary sources and interview with authoritative figures. The findings indicate that SIHEI must transform into State Universities with Legal Entity Status (SULES) to overcome the challenges of achieving WCU status. This transformation should be accompanied by local values to mitigate negative effects, such as the commercialisation of education and the erosion of educational values. Universitas Islam Negeri Malang has integrated institutional values into their academic and non-academic management. These values play a crucial role in enhancing the spirituality, morality, and integrity of their academic communities.
The Kembar Manten in Java Majapahit Wedding Traditions in Mojokerto: Perspectives on Natural Law and Anthropology of Islamic Law Khoirul Hidayah, Umaiyatus Syarifah, Muhammad Muhammad, Syabbul Bachri, Roibin Roibin Samarah, 2024 Majapahit Java has customary law, namely rules prohibiting "kembar manten" marriages, namely two bride and groom couples marrying at the same time, and the walimah party is held together with the symbol 'kuwade' in one 'terop'. This study employs empirical legal methodologies, incorporating a phenomenological and anthropological approach. Meanwhile, the analytical tools encompass notions related to natural law, justice, and the anthropology of Islamic law. The collection of primary data was conducted through interviews of traditional authorities, religious leaders, knowledgeable individuals in the customary laws, and marriage practitioners who perform 'Kembar Manten' marriages in Mojokerto. The examination was conducted utilizing Thomas Aquinas' theory of natural law and justice, joining with the anthropology of Islamic law. In order to achieve justice in the natural law, it is necessary to have a policy and proportionality when making the walimah ursy, which is specifically created for a single wedding pair. In the field of the Islamic law anthropology, the 'Kembar Manten' refer to customs and customary laws that are regarded obligatory and advantageous. They are intended to promote the welfare of both the bride and groom's families. Neither the Qur’an nor the Hadith provide any instructions suggesting that the walimah ursy is meant for more than one couple during a single walimah. The ban of 'Kembar Manten' in the framework of Islamic legal anthropology is a customary practice within the community aimed at achieving well-being and security. Provided that the rules are designed to promote goodness and safety, it is imperative to preserve the values of local wisdom rules as a valuable cultural heritage of the nation. This article aims to enhance understanding of the customary law and local wisdom values in the Indonesian marital law.
SOCIOLOGICAL DIMENSIONS OF THE APPLICATION OF ISLAMIC INHERITANCE IN INDONESIA Syabbul Bachri, Roibin Roibin, Ramadhita Ramadhita Justicia Islamica, 2024 Differences in place and time, shifting conditions and situations, and societal changes cannot be avoided. However, there is a view that Islamic inheritance law is specific and fixed so that it cannot be modified. This study examines the application of inheritance law using the perspective of double movement theory by looking at the sociological dimensions that developed in Indonesia. This research is a sociological, legal research using qualitative data. The approach used in this research is socio-historical, intended to determine generalizations based on specific historical facts related to the application of Islamic inheritance law. The collected data is identified and verified, then analyzed using Fazlur Rahman's double movement theory. The results showed that based on moral ideals generalized based on double movement theory, it was found that justice and benefit became the primary reference in the application of Islamic inheritance law in Indonesia. Islamic inheritance law can flexibly adjust Indonesian society's environmental and social conditions. This research presents a methodological framework for a more adaptive and flexible application of Islamic inheritance law in line with Indonesia's diverse cultural landscape and evolving social norms.
Exploring The Legal Landscape of Islamic Fintech in Indonesia: A Comprehensive Analysis of Policies and Regulations Dwi Fidhayanti, Mohd Shahid Mohd Noh, Ramadhita Ramadhita, Syabbul Bachri F1000research, 2024 The rapid growth of Islamic fintech in Indonesia necessitates a comprehensive examination of the policy and regulatory framework from a legal perspective. This study explores the legal landscape of Islamic fintech in Indonesia, analyzing the current policies and regulations governing this emerging sector. Using normative legal research with a statutory approach and conceptual approach. The primary and secondary legal materials, including government reports and scholarly articles, this research evaluates recent policy developments and regulatory initiatives supporting Islamic fintech. It identifies gaps and areas for improvement, drawing from best practices and regulatory approaches adopted by other countries with successful Islamic fintech ecosystems. Based on the findings, this research proposes recommendations to enhance the policy and regulatory framework. These include collaboration between regulatory bodies and industry stakeholders, tailored licensing frameworks, enhanced consumer protection mechanisms, and promotion of innovation in Shariah-compliant financial products and services. This study contributes to understanding the legal landscape of Islamic fintech in Indonesia, offering a comprehensive analysis of existing policies and regulations. By addressing challenges and proposing solutions, it aims to facilitate the growth of Islamic fintech and foster an inclusive and sustainable financial ecosystem in Indonesia.
Examining the Complexity of Child Marriage as Sexual Violence in the Digital Era Sudirman Sudirman, Ramadhita Ramadhita, Syabbul Bachri, Büşra Nur Duran Legality Jurnal Ilmiah Hukum, 2023 Child marriage in the digital era is an interesting fact because this type of marriage is classified as sexual violence. However, child marriage is very common in Indonesia because of many factors. Child marriage in the digital era is known to have triggered many problems, such as reproductive health problems, domestic violence, and divorce. However, considering child marriage as a criminal offense of sexual violence (TPKS) as stated in Law Number 12 of 2022, is unwise. Departing from this issue, this research identifies three reasons why child marriage cannot be categorized as sexual violence in the digital era. The results of this paper show that child marriage in Indonesia is inevitable due to three main arguments: Islamic teachings permit child marriage, the high number of marriage dispensations, and the TPKS Law focuses more on protecting women, not the spouses of child marriage perpetrators. Another cause of child marriage is poor education in the digital era, coupled with poor understanding of the importance of self-protection from promiscuity in the digital era among community members. Education on gender equality and reproduction also has not been properly applied. Finally, marriage guidance for teenagers and prospective brides in the digital era has not been implemented yet.
Critical Study of Amina Wadud's Thought in the Issue of Inheritance Fauzan Zenrif, Syabbul Bachri De Jure Jurnal Hukum Dan Syar Iah, 2023 This study aims to examine the main arguments presented by Amina Wadud on inheritance in her book "Quran and Women" and evaluate the validity of her arguments. The scope of this research will include an analysis of Wadud's method of interpreting the Quran as outlined in the book Quran and Women which influenced her thoughts on Islamic inheritance and a critical study of her thoughts. This research is a type of qualitative research with a critical study approach. The results of the study show that a critical study of Wadud's thinking shows that she generalizes the 2:1 provision on the shares of men and women which actually only applies in certain cases. In addition, Wadud's demands for reinterpretation cannot be done without adequate interpretive science tools. Science explains that justice need not be interpreted as equality. There are two categories of justice, according to Aristotle: commutative justice and distributive justice. So that there can be no justification for questioning the Quran's just inheritance allocation. Furthermore, the provisions in the inheritance verse in the Quran are qath'i provisions so there is no justification for doing ijtihad which is presumptive (dzanny) in a reassuring text (qath'i). In addition, Wadud's thoughts are also considered less specific and do not provide a real format for how the redistribution she proposes. Therefore, Wadud's rereading in terms of inheritance is considered incomplete or incomprehensive of the Qur'an.
Gender inequality and judicial discretion in Muslims divorce of Indonesia Ramadhita Ramadhita, Mahrus Ali, Bachri Syabbul Cogent Social Sciences, 2023 Divorce of Muslims should be carried out in court, as opposed to the classical fiqh teachings still adhered to in some countries. In practice, this process is still gender biased and detrimental to women. Therefore, this doctrinal legal research uses historical and conceptual approaches to eliminate gender inequality in Muslim divorce procedures. This is a qualitative research with data collected from secondary sources in the form of laws and articles on the divorce of Muslims in various countries, especially in Indonesia. The findings indicate that there is gender inequality in the divorce procedural law in Indonesia. For instance, a wife loses the rights guaranteed by the law of a joint residence. Additionally, the wife cannot file for divorce at the place of domicile because it is considered disobedient to the husband. In many cases, the wife leaves the husband because of domestic violence. For this reason, judges’ discretion is needed as a form of the active role of the state in eliminating gender inequality in the divorce process, thereby protecting women’s rights.
Welfare state-based agricultural policies in Malaysia Khoirul Hidayah, Mohd Halim Mahphoth, Syabbul Bachri, Ramadhita Cogent Social Sciences, 2023 Food security has become a global issue for the Food Agriculture Organization. A country plays an active role in actualizing food sustainability. The concept of a welfare state requires a country to be competent in realizing people’s prosperity. The discussion of Malaysian agricultural policies for objectifying the welfare state has drawn attention because it strengthens food security. This study is based on empirical research that uses a descriptive qualitative approach. The primary data are from interviews with the Federal Agricultural Marketing Authority (FAMA) officials and the secondary data are from Malaysian policy documentation. These were then analyzed qualitatively using the welfare state theory. The article shows that Malaysia made agricultural policies comprehensively by strengthening regulations, funding, and supervising to morally support farmers, so they were motivated to advance the economic sector voluntarily. Malaysian agricultural policies to help farmers actualize the state’s dream of becoming a welfare state. The Malaysian government’s involvement in providing a supervising program, funding, and legal certainty regarding crops’ basic prices became a transformational power of the agricultural sector. The success of the Malaysian agricultural sector is a valuable lesson for the independent economy and food security reinforcement of others, specifically in Southeast Asia, which has similar geographic characteristics.
The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code Syabbul Bachri, Mohd Al Adib Samuri, Najma Moosa, Büşra Nur Duran, Ramadhita Ramadhita Al Istinbath Jurnal Hukum Islam, 2023 Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relation outside of legal marriage is considered adultery in Islam, requiring criminal sanctions for the perpetrators. Polyamory cases involving same-sex couples are also included in the criminal act. In the Indonesian legal context, although the term polyamory is not mentioned explicitly, the new Penal Code has the potential to criminalize polyamorous perpetrators with the latest regulations regarding adultery and cohabitation offenses. This new penal code can also criminalize homosexual behaviour including lesbian, gay, bisexual, transgender, and Queer plus(LGBTQ+) people. However, the perpetrator of polyamory can only be convicted if there is a complaint from the aggrieved party (i.e. the legal spouse, children, and parents of the perpetrator), because those articles fall into the category of absolute complaint offenses. Looking at the cultural values of Indonesian society, especially the teachings of Islam as a religion adhered to by the majority of citizens, the criminalization of polyamory should be included in the ordinary complaint offense so that it can be in line with the living norms in society.
Clarifying Heirs’ Rights in Indonesian Waqf Law: Toward Stronger Governance and Conflict Prevention H Al-Anshori, M Syamsudin, A Triyanta, R Ramadhita, S Bachri, ... Nurani: jurnal kajian syari'ah dan masyarakat 25 (2), 529-553 , 2025 2025 Citations: 5
The implementation of single-judge trials at the Lumajang religious court from the perspective of Soerjono Soekanto’s legal effectiveness theory (Based on supreme court … A Munauwarah, S Bachri Priviet Social Sciences Journal 5 (12), 323-335 , 2025 2025 Citations: 1
The Pocong Oath as a Socio-Legal Mechanism of Conflict Resolution among Madurese Muslims K Anwar, R Ramadhita, S Bachri YUDISIA: Jurnal Pemikiran Hukum dan Hukum Islam 16 (2), 173-194 , 2025 2025
COMPARING ISLAMIC MODELS OF SUBSTITUTE HEIRS: KHI, HAZAIRIN, SHAHRUR, AND SHIA PERSPECTIVES A Haris, S Bachri Ar-Risalah Media Keislaman Pendidikan dan Hukum Islam 23 (2) , 2025 2025
Kedudukan Kesepakatan Perdamaian Yang Tidak Dicantumkan Dalam Amar Putusan Perceraian: Studi Putusan Nomor 770/Pdt. G/2024/PA. Sit M Muzaki, RN Arifah, S Bachri At-Tafakur: Jurnal Ilmu Syari'ah dan Hukum 2 (1), 16-27 , 2025 2025
LEGAL IMPLICATIONS OF BREAST MILK DONATION ON THE LACTASHARE PLATFORM PERSPECTIVE OF SADD AL-DZARI’AH R Anjani, S Bachri istinbath 24 (1), 135-154 , 2025 2025
The Law of Inheritance of Monetized YouTube Channels in Indonesia: An Exploration of Legal Theory and Crowdfunding Theory Z Ramadhan, S Bachri, D Fidhayanti Istinbath: Jurnal Hukum 22 (01), 139-167 , 2025 2025 Citations: 1
Disparity in Judges' Decisions Regarding Divorce Due to Apostate Husbands C Nafis, S Bachri RechtJiva, 1-15 , 2025 2025
Ekonomi hijau dari perspektif islam: Kerangka teori dan studi kasus di Indonesia D Fidhayanti, S Bachri, R Ramadhita Fakultas Syari'ah, Universitas Islam Negeri Maulana malik Ibrahim Malang , 2025 2025
The transformation of state islamic higher education institutions into World-Class University: From globalisation to institutional values S Sudirman, R Ramadhita, S Bachri, Y Whindari Social Sciences & Humanities Open 12, 101705 , 2025 2025 Citations: 34
Racio decidendi hakim terkait pembagian aset kekayaan intelektual sebagai harta bersama pasca perceraian (sertifikat hak cipta) RN Arifah, S Bachri, I Nasyiah 2024 Citations: 3
Presidential threshold in the election of the President and Vice President from a Constitution and Human Rights Perspective I Sukadi, J Jundiani, S Bachri, M Sinal, AQ As-Suvi Mimbar Keadilan 17 (2), 86-97 , 2024 2024 Citations: 1
Exploring The Legal Landscape of Islamic Fintech i n Indonesia: A Comprehensive Analysis of Policies and Regulations [version 2; peer review: 1 approved, 2 approved D Fidhayanti, MSM Noh, R Ramadhita, S Bachri 2024 Citations: 1
Exploring the legal landscape of Islamic fintech in Indonesia: a comprehensive analysis of policies and regulations D Fidhayanti, MSM Noh, R Ramadhita, S Bachri F1000Research 13, 21 , 2024 2024 Citations: 42
Sociological dimensions of the application of Islamic inheritance in Indonesia S Bachri, R Roibin, R Ramadhita Justicia Islamica: Jurnal Kajian Hukum dan Sosial 21 (1), 63-86 , 2024 2024 Citations: 15
Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma S Bachri, S Sudirman, E Zuhriah, R Ramadhita ULUL ALBAB: Jurnal Studi dan Penelitian Hukum Islam (JUA) 7 (2) , 2024 2024 Citations: 10
Rahasia bank dan harta bersama: Tinjauan komprehensif dalam konteks hukum keluarga RN Arifah, S Bachri, L Ardhani, AK Zahro CV Basya Media Utama , 2024 2024
Perspectives on Inheritance and Bequest for Heirs' Descendants: A Comparative Analysis of Muhammad Shahrur and Hazairin MW Fatoni, SB Bachri AL-FATTĀH 1 (02) , 2024 2024 Citations: 1
LGBT marriage from the perspective of Jasser Auda's Systems Theory S Bachri, E Erwin 2024
The Kembar Manten in Java Majapahit Wedding Traditions in Mojokerto: Perspectives on Natural Law and Anthropology of Islamic Law K Hidayah, U Syarifah, M Muhammad, S Bachri, R Roibin Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8 (2) , 2024 2024 Citations: 6
MOST CITED SCHOLAR PUBLICATIONS
Hukum Promosi Produk Dalam Perspektif Hukum Islam S Bahri Epistemé: Jurnal Pengembangan Ilmu Keislaman 8 (1), 135-154 , 2013 2013 Citations: 111
Exploring the legal landscape of Islamic fintech in Indonesia: a comprehensive analysis of policies and regulations D Fidhayanti, MSM Noh, R Ramadhita, S Bachri F1000Research 13, 21 , 2024 2024 Citations: 42
Gender inequality and judicial discretion in Muslims divorce of Indonesia R Ramadhita, M Ali, B Syabbul Cogent Social Sciences 9 (1), 2206347 , 2023 2023 Citations: 42
The transformation of state islamic higher education institutions into World-Class University: From globalisation to institutional values S Sudirman, R Ramadhita, S Bachri, Y Whindari Social Sciences & Humanities Open 12, 101705 , 2025 2025 Citations: 34
Model of zakat utilization in the Covid-19 pandemic era: perspective of Maqashid Sharia R Ramadhita, S Hasan, S Bachri Al-Istinbath: Jurnal Hukum Islam 7 (1), 245-268 , 2022 2022 Citations: 27
Examining the complexity of child marriage as sexual violence in digital era S Sudirman, R Ramadhita, S Bachri, BN Duran Legality: Jurnal Ilmiah Hukum 31 (2), 310-328 , 2023 2023 Citations: 26
Revitalizing productive zakat in the Covid-19 pandemic era in East Java S Sudirman, R Ramadhita, S Bachri Jurisdictie: Jurnal Hukum Dan Syariah 12 (2), 275-293 , 2021 2021 Citations: 21
Dysfunction of muslim’s public pesource: a study of waqf land disorganization in indonesia S Sudirman, I Abdullah, SZ Qudsi, F Fakhruddin, S Bachri De Jure: Jurnal Hukum dan Syar'iah 14 (1), 92-110 , 2022 2022 Citations: 19
The family corner for the post-Covid 19 revitalization of family function S Sudirman, R Ramadhita, S Bachri, E Zuhriah, Z Mahmudi Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 5 (1), 88-107 , 2021 2021 Citations: 18
Critical Study of Amina Wadud's Thought in the Issue of Inheritance MF Zenrif, S Bachri De Jure: Jurnal Hukum dan Syari'ah 15 (1), 39-53 , 2023 2023 Citations: 17
Rekonstruksi kewarisan Islam: studi hermeneutika Ibn Abbas atas ayat-ayat waris S Bachri Al-Istinbath: Jurnal Hukum Islam 5 (1), 21-50 , 2020 2020 Citations: 17
Sociological dimensions of the application of Islamic inheritance in Indonesia S Bachri, R Roibin, R Ramadhita Justicia Islamica: Jurnal Kajian Hukum dan Sosial 21 (1), 63-86 , 2024 2024 Citations: 15
Fenomena gerakan Indonesia tanpa Feminisme di media sosial M Azmi, S Bachri Sakina: Journal of Family Studies 3 (3) , 2019 2019 Citations: 14
Ratio Decidendi of Religious Court Judges on Rejection of Applications for Interfaith Marriage Prevention S Bachri Istinbath: Jurnal Hukum 18 (1), 1-14 , 2021 2021 Citations: 12
Pro Kontra ‘Aul Dalam Kewarisan Islam: Studi Komparatif Antara Pandangan Sunni dan Syiah S Bachri De Jure: Jurnal Hukum dan Syari'ah 10 (2), 49-60 , 2018 2018 Citations: 11
Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma S Bachri, S Sudirman, E Zuhriah, R Ramadhita ULUL ALBAB: Jurnal Studi dan Penelitian Hukum Islam (JUA) 7 (2) , 2024 2024 Citations: 10
Pemahaman Istri Cerai Mati Dalam Penerapan Ihdad Perspektif'Urf FK Husna, S Bachri Sakina: Journal of Family Studies 7 (2), 287-299 , 2023 2023 Citations: 10
Ratio Decidendi Of Religious Court Judges On Rejection Of Applications For Interfaith Marriage Prevention. Istinbath: Jurnal Hukum, 18 (1), 1–14 S Bachri 2021 Citations: 9
Gender inequality and judicial discretion in Muslims divorce of Indonesia. Cogent Social Sciences, 9 (1) R Ramadhita, M Ali, B Syabbul 2023 Citations: 8
The Differences of Men's and Women's Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy S Bachri Nurani: jurnal kajian syari'ah dan masyarakat 22 (1), 17-30 , 2022 2022 Citations: 8