Archives

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  Vol. 1 No. 2 Desember (2025)

  This issue presents diverse perspectives on family law and justice in Indonesia. It explores the evolving understanding of parental authority within the legal system, considering social, cultural, and legal influences on child protection and family stability. The articles also analyze judicial reasoning in determining iddah and mut’ah maintenance in divorce cases, focusing on gender justice based on Islamic legal principles. The concept of ihdad is examined for both husbands and wives to reveal gender disparities in practice and Islamic law. Additionally, the acculturation of Islamic law with local wisdom is discussed through the Banjar marriage tradition in Samarinda, highlighting the interplay of custom and sharia. Finally, the transformation of the philosophy “Adat Basandi Syara', Syara' Basandi Kitabullah” into positive law and minority responses to legal pluralism are evaluated.

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  Vol. 1 No. 1 Juni (2025)

  Women and children in Indonesia’s Religious Courts face complex challenges rooted in normative, cultural, and structural factors. While the Compilation of Islamic Law (KHI) includes provisions for gender justice and child protection, such as child custody (hadhanah) and spousal support, these safeguards are often undermined by gender-biased interpretations and inadequate attention to children’s best interests. Patriarchal norms deeply influence societal attitudes and judicial decisions, disadvantaging women, especially in marital disputes and inheritance cases. Structural obstacles, including limited legal aid, insufficient gender sensitivity among judges, and courts ill-equipped to address gender-based violence, further exacerbate these issues. Addressing these challenges requires comprehensive reforms, including gender-sensitivity training for judges, progressive KHI revisions, and stronger legal aid institutions to ensure the Religious Courts can provide fair and effective justice for women and children.