This study examines the restrictions on active members of the Indonesian National Police (Polri) holding positions outside the organizational structure of the police following Constitutional Court Decision No. 114/PUU-XXIII/2025, using siyasah qadhaiyah as an analytical framework. The appointment of active police officers to civilian institutions may blur institutional boundaries, undermine civilian supremacy, and create risks of abuse of authority. Employing doctrinal legal research with a juridical-conceptual approach, the study finds that the Court’s annulment of the phrase concerning assignments by the Chief of the National Police restores legal certainty and reinforces statutory limits on authority and the functional differentiation of public offices. From the perspective of siyasah qadhaiyah, the decision reflects the judicial function of correcting abuses of authority and protecting the public interest. Nevertheless, an overly rigid restriction on external appointments may create operational difficulties for specialized civilian institutions that legitimately require police expertise, particularly the National Narcotics Agency (BNN) and the National Counterterrorism Agency (BNPT). Accordingly, this study proposes a strict-exception regulatory model under which such appointments are permitted only on the basis of a direct functional connection with policing, demonstrated competence, and effective oversight, accompanied by the temporary suspension of active police command and coercive authority for the duration of the civilian appointment.
The phenomenon of unregistered marriages in contemporary Indonesia has generated various civil law problems due to the lack of protection for the fundamental rights of wives and children. This study aims to reconstruct the formalistic fiqh perspective that separates religious validity from the state's administrative obligations. The research employs a normative legal method with a library research approach. The data were analyzed through the integration of Fazlur Rahman’s Double Movement hermeneutics, the reconstruction of Maqashid al-Shari’ah based on Jasser Auda’s systems approach, and Imam al-Shatibi’s concept of public interest (maslahah). The findings reveal that early Islamic legal instruments concerning marriage, such as the requirement of witnesses, embody a universal moral ideal aimed at ensuring justice and protecting vulnerable groups. In the contemporary context, these objectives can only be effectively realized through marriage registration evidenced by an official marriage certificate. The study concludes that marriage registration has evolved into a fundamental religious obligation because it functions as a means of preventing harm and ensuring legal protection. Therefore, policy synergy in digitalization and the reformulation of religious fatwas are necessary to expand access to marriage registration and promote a more humane and socially just society.
The 'marriage is scary' phenomenon has become increasingly prevalent among Generation Z and has significantly influenced how they perceive marriage as an institution characterized by risk and uncertainty. This study aims to analyze the factors contributing to the emergence of the 'marriage is scary' phenomenon among Generation Z in Pamekasan Regency and to reconstruct the concept of marital readiness from the perspective of Islamic law. The study employs a socio-legal approach with a qualitative methodology, utilizing interviews, observations, and document analysis. The findings reveal that the phenomenon is influenced by four primary factors: family trauma, exposure to negative content on social media, concerns regarding education and career development, and economic insecurity shaped by local socio-economic conditions. The findings further indicate that fear of marriage does not necessarily reflect a rejection of the institution of marriage; rather, it more frequently represents inadequate marital readiness. By integrating Marital Readiness Theory with the framework of maqāṣid al-sharī‘ah, this study proposes a reconstruction of marital readiness encompassing four principal dimensions: psychological, social, economic, and spiritual preparedness. These dimensions are oriented toward the realization of the objectives of protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). This study affirms that strengthening marital readiness in a comprehensive manner constitutes a more contextual Islamic legal response to addressing the 'marriage is scary' phenomenon among Generation Z in the digital era.
Unregistered marriages in Indonesia continue to create legal uncertainty regarding the status and civil rights of children. Divergent judicial determinations concerning children born from such marriages demonstrate tensions between legal formalism and responsive approaches to child protection. Employing normative juridical research with statutory, conceptual, and case approaches, the analysis examines three Religious Court determinations concerning child lineage and itsbat nikah. The findings reveal significant disparities in judicial reasoning. One panel adopted a formalistic interpretation by recognizing children only as biological children based on statutory provisions, while another employed a responsive approach by recognizing the material validity of unregistered marriages and prioritizing the best interests of the child. In the itsbat nikah case, the judges granted legalization despite formal administrative limitations to ensure legal certainty and child protection. These differences directly affect children’s rights relating to lineage, inheritance, guardianship, identity, and non-discrimination. Responsive legal approaches provide more comprehensive protection for children born from unregistered marriages.
The practice of ‘azl (coitus interruptus) remains a significant issue in Islamic family law because it concerns not only birth control but also reproductive authority and spousal rights within marriage. This article examines the position of the wife’s consent in the practice of ‘azl through a comparative analysis of the four major Sunni legal schools and evaluates its relevance to Indonesian Islamic family law. Employing normative legal research with statutory, conceptual, and comparative madhhab approaches, the study analyzes classical juristic texts, Islamic legal principles, and Indonesian family law regulations. The findings reveal that the Mālikī and Hanbalī schools require or strongly emphasize the wife’s consent, while the Shāfi‘ī and Ḥanafī schools provide broader authority to the husband despite acknowledging the wife’s reproductive interests. Through the frameworks of maqāṣid al-sharī‘ah and mubādalah, the study argues that reproductive decisions should be based on mutual consultation and shared responsibility. The article concludes that recognizing the wife’s consent strengthens reproductive justice and provides a normative foundation for the future development of Indonesian Islamic family law.
