Darulfunun Institute

Institute for Development, Research and Initiatives (IDRIS)

Tag: Articles

  • Discretion of the Kotobaru Solok Religious Court Judge Regarding Wife’s Maintenance and Child Custody in Islamic Family Law

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    This study aims to conduct an in-depth analysis of the discretion of judges at the Kotobaru Solok Religious Court in determining the amount of alimony for wives and child custody in divorce cases. This study also evaluates the driving and inhibiting factors faced by judges in exercising this discretion, by examining the alignment of their decisions with the principles of Islamic family law. The research method employed was qualitative field research. Primary data sources were obtained through direct interviews with the Panel of Judges, while secondary data were sourced from official divorce case documents at the Kotobaru Solok Religious Court. Data collection techniques included observation, interviews, and documentation, which were then analyzed using domain, taxonomic, and conventional analysis methods, and strengthened by source and time triangulation techniques to ensure data validity. The results indicate that the application of judges’ discretion in determining alimony for wives after a divorce is significantly influenced by the dynamics of the parties’ social and economic conditions. Judges strive to strike a balance between the husband’s financial capabilities and the wife’s basic needs, based on the principles of maqasid sharia, particularly in maintaining the safety of life (hifz an-nafs) and protecting property (hifz al-mal). Regarding child custody, judicial discretion is fully oriented toward the best interests of the child to ensure a healthy physical and emotional growth and development environment, in accordance with the principle of hifz an-nasl. Decisions made through this discretion aim to achieve balanced, substantial justice for all parties without disregarding Quranic principles, such as Surah At-Talaq verse 7, which emphasizes providing maintenance according to one’s ability. Integrally, the practice of discretion at the Kotobaru Solok Religious Court has proven consistent in protecting the rights of vulnerable wives and children within the framework of Islamic law.

  • Legal Analysis of the Rejection of Marriage Isbat in Siri Marriages and the Determination of the Status of Legitimate Children in the Case Study of Decision Number: 129/Pdt.P/2024/PA.Bsk

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    This study analyzes Batusangkar Religious Court Decision No. 129/Pdt.P/2024/PA-Bsk, which simultaneously rejected a request for marriage confirmation (isbat nikah) but granted a request to determine the child’s status as legitimate. This case is interesting because it reflects the tension between the principle of legal certainty of marriage and the protection of children’s rights in religious court practice in Indonesia. This study used a qualitative, analytical, and descriptive approach with field research methods. Primary data were obtained through in-depth interviews with the three judges who heard the case and the applicants. In addition, the researcher analyzed the decision documents and case files. Secondary data came from the Marriage Law, the Compilation of Islamic Law (KHI), Constitutional Court Decision No. 46/PUU-VII/2010, literature on munakahat fiqh (jurisprudence), and the concept of maqashid sharia. The results indicate that the panel of judges rejected the marriage confirmation request because the applicants’ marriage violated the provisions prohibiting marriage as stipulated in Article 40 (a) of the KHI in conjunction with Article 9 of Law Number 1 of 1974 concerning Marriage. One of the parties is still bound by a previous marriage, potentially leading to the practice of polyandry and undermining the sanctity of the institution of marriage. Nevertheless, the judge granted the child’s status as legitimate, primarily considering the child’s best interests and the principle of welfare (maslahah). The judge argued that the child should not be held responsible for the parents’ mistakes. This granting of the child’s status provides legal certainty for the child to obtain a birth certificate, family card, rights to maintenance, guardianship, and inheritance rights. This decision represents a harmony between positive legal certainty and the maqasid sharia, particularly hifz al-nasl (protection of offspring). This study concludes that the judge applied a progressive and humane approach in resolving the conflict between the validity of the marriage and the protection of children’s rights.

  • Administration and Religious Dilemma: Implementation of SPTJM in the Heart of Minangkabau (Case Study of Harau District)

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    Unregistered marriages (nikah siri) remain a significant social phenomenon in the Minangkabau community, particularly in Harau District, Lima Puluh Kota Regency, West Sumatra. To address administrative barriers for children from these marriages, the government implemented the Absolute Statement of Responsibility (SPTJM) policy based on Minister of Home Affairs Regulation Numbers 108 and 109 of 2019, which allows for the inclusion of “Unregistered Marriage” status on Family Cards (Kartu Keluarga) and the issuance of complete birth certificates. This study analyzes the effectiveness of SPTJM implementation in Harau District and the dilemmas it raises from a maqasid sharia perspective, focusing on hifz al-nasl (protection of offspring) and hifz al-mal (protection of property). Using a qualitative juridical-empirical approach, data were collected through semi-structured interviews with couples using SPTJMs, those involved in unregistered marriages, employees of the Civil Registration Office (Disdukcapil), the Office of Religious Affairs (KUA), the Religious Court, and religious leaders, complemented by source and method triangulation. The research results show that the SPTJM effectively provides beneficial benefits in the form of quick and affordable access to children’s administrative rights (identity, education, health, and social assistance), thus partially supporting hifz al-nasl. However, this policy creates more dominant long-term benefits, such as substantive legal uncertainty (difficulties in claiming inheritance and joint property), socio-customary conflicts (stigma and disputes over high inheritance rights in the Minangkabau matrilineal system), and a decline in interest in marriage confirmations, which weaken the obligation for official registration (Article 7 of the Compilation of Islamic Law). This article concludes that there is a dilemma between temporary administrative benefits and long-term damage to Islamic family law. The proposed recommendation is synergy between institutions (Disdukcapil, KUA, Religious Courts, and traditional leaders) through an affordable mass marriage confirmation program and outreach based on the maqasid sharia (Islamic principles) to maximize the necessities of life and minimize the mafsadah within the Minangkabau indigenous community.

  • Implementation of Quality Management and Patient Safety in Community Clinics: A Qualitative Study

    » Journal of Regional Development and Technology Initiatives

    Patient safety is a key component of quality management systems in healthcare services. At the primary healthcare level, the implementation of patient safety systems often faces various challenges, such as limited human resources, organizational culture, clinical leadership, and suboptimal incident reporting systems. Community clinics play a strategic role in providing safe, effective, and high-quality healthcare services for the community. This study aims to examine the implementation of quality management and patient safety at the Baitul Qurro School Clinic. It also seeks to identify barriers and supporting factors in the implementation of patient safety, as well as to explore the experiences of healthcare workers in implementing service quality systems. This research employed a qualitative approach with a descriptive design. Data were collected through in-depth interviews, observation of service processes, and review of the clinic’s quality documents. The research informants consisted of healthcare workers and clinic managers involved in patient care and quality management. Data analysis was conducted using thematic analysis to identify key themes related to organizational structure, service processes, and patient safety outcomes. The results show that the implementation of patient safety is influenced by several key factors, including leadership commitment, the availability of standard operating procedures, communication among healthcare workers, and the incident reporting system. Limited resources and the lack of structured training were identified as barriers to the optimal implementation of patient safety systems. This study highlights the importance of strengthening the patient safety culture at the primary healthcare level through the integration of quality management systems, capacity building for healthcare workers, and the reinforcement of professional ethical values based on Al-Islam and Kemuhammadiyahan.

  • Cryptocurrency, Mining, and Trading Activities Among Bauchi Muslim Women

    » Journal of Regional Development and Technology Initiatives

    This study explores the growing phenomena of cryptocurrency participation among Muslim women in Bauchi, Nigeria, including mining, trading, and related financial activities, and looks at how it affects their financial situation. Digital currencies are revolutionizing financial inclusion on a global scale by giving excluded groups access to alternative investment and income-generating alternatives. However, there is still little research on the use of cryptocurrencies in low-income environments, particularly among culturally restricted populations. This study uses a mixed-methods approach that includes surveys, focus groups, and in-depth interviews with 300 Muslim women involved in e-currency ecosystems. It draws on adaptive diffusion theory and socio-economic inclusion frameworks. The results show that trading cryptocurrencies, especially peer-to-peer (P2P) exchanges, has helped users diversify their sources of income, improve their financial independence, and lessen the effects of inflation and currency devaluation. Despite being limited by capital and energy expenses, mining operations have also given some participants access to specialized revenue sources. The study also highlights important mediators of economic impact, such as financial literacy, access to digital infrastructure, social network support, Islamic ethical considerations around risk and riba, and digital literacy. Concerns regarding market volatility, unclear regulations, and inadequate institutional protections endure despite favorable economic consequences. In addition to providing policy suggestions for inclusive financial literacy programs, community-based regulatory guidelines, and gender-responsive digital economy strategies, the research advances our understanding of the adoption of digital finance in culturally particular contexts.

  • Community-Based Tourism and Waqf: Measuring Social Impact and Socio-Economic Transformation

    » Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks

    Community-based tourism is increasingly considered as a new engine for sustainable development; However the sustainability of community based tourism relies on the effectiveness of funding, the good governance and the active involvement of local community. This paper examines the role of Waqf (Islamic endowment) in sustainable community-based tourism and aims to quantify the contributions of Waqf in poverty alleviation, education and capacity building, social cohesion among the communities of the destinations, etc. Using various sources from Islamic finance, tourism sustainability and socio-economic development literature, the paper integrates and synthesizes available case studies and empirical data for showing the role of Waqf in establishing community-based tourism sustainable livelihoods while promoting responsible behavior and involvement of all the stakeholders involved. The paper will then address issues on the governance of Waqf in tourism related activities, its transparency, mechanisms of benefit distribution. Ultimately the study can then prove that community-based tourism through Waqf is a major engine for the socio-economic development, local communities’ empowerment while preserving cultural and environment heritage of the destinations, as well as a powerful device for connecting the logic of moral economy to modern business practices. The research recommend here ways to strengthen Waqf contributions in sustainable development and we position Waqf not as a source of money, but as a catalyst for holistic community empowerment.

  • Promoting Sustainable and Inclusive Entrepreneurship through Technology-Enhanced Learning: Bridging Islamic Moral Economy, Social Studies, and English Language Education

    » Journal of Regional Development and Technology Initiatives

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  • Integrating Cash Waqf with Microfinance for Sustainable Livelihood Development in Muslim Communities

    » WAQF Business Review

    Sustainable livelihood development is a major challenge facing many Muslim communities worldwide, particularly in developing countries where poverty and unemployment levels remain high. Microfinance is seen as one of the instruments used in poverty alleviation, but the method that involves lending money and earning profits (interest-based method) is facing criticisms based on Shara compliance issues. This paper proposes cash Waqf, an Islamic social finance instrument, to enhance the livelihoods options for vulnerable Muslims. As one form of Islamic endowment, cash Waqf is a flexible fund available for productive purposes and can be operated within the framework of Shara aims of wealth protection, social equity and reduction of poverty. Qualitative research is adopted in this study, focusing on doctrinal analysis of the literature on Islamic finance, along with empirical studies concerning Waqf and microfinance. This study analyzes the cases of cash Waqf in microfinance of Malaysia, Indonesia and Bangladesh in relation to operational modes, governance and the relevant Shara-compliant financing products such as qard asan, murabah and murbaah used within a Waqf-based financing mechanism. The study reveals that merging cash Waqf with microfinance could expand financial inclusion for the needy, and could strengthen the sustainability of micro-enterprises. Yet, certain operational challenges such as inadequate governance, absence of regulatory frameworks, and lack of transparency needs to be overcome. The study proposes a conceptual framework for integrating cash Waqf, Islamic microfinance and sustainable solutions, where the participation of stakeholders and provision of a supportive environment and capacity building activities are necessary. The study concludes that integrating cash Waqf and microfinance provides a sustainable approach for livelihood development of Muslim communities, offering a sustainable solution to overcome economic challenges and promote socio-solidarity for inclusive development. The paper advances the existing literature in Islamic social finance concerning the study of Waqf as a modern socio-economic development tool and provides some findings and recommendations to scale up Waqf-based microfinance to meet the SDGs particularly Poverty Reduction and Economic Growth.

  • Eco-Green Catalys: An Intelligent Distribution Network for Generative Mycorrhizal Spores Through AI and Iot Optimization for Ecological Complexity Engineering in Post-Deforestation Lands Based on Restorative Bio-Economy Principles

    » Journal of Regional Development and Technology Initiatives

    The ecological crisis caused by illegal deforestation has resulted in severe soil degradation, biodiversity loss, and disruption of ecosystem balance. Eco-Green Catalys emerges as an adaptive biotechnological innovation integrating Artificial Intelligence (AI) and the Internet of Things (IoT) to accelerate the restoration of post-deforestation lands. This system operates through an intelligent distribution network of generative mycorrhizal spores, which precisely controls inoculation, moisture regulation, and nutrient delivery based on real-time soil data analysis. Supported by a Spatio-Temporal Deep Learning (STDL-AI) framework, the system demonstrates up to 96% accuracy in ecological monitoring, enhances vegetation recovery rates by 70%, and increases carbon sequestration capacity by 35% compared to conventional restoration methods. Beyond ecological rehabilitation, this innovation reinforces the principles of restorative bio-economy by utilizing renewable energy sources and community-based participation, aligning with the Sustainable Development Goals (SDG 13) on climate action and long-term ecological resilience. Overall, Eco-Green Catalys provides a scalable and data-driven model that bridges environmental technology and socio-economic sustainability in restoring tropical ecosystems.

  • Integrating Cash Waqf with Microfinance for Sustainable Livelihood Development in Muslim Communities

    » WAQF Business Review

    Sustainable livelihood development is a major challenge facing many Muslim communities worldwide, particularly in developing countries where poverty and unemployment levels remain high. Microfinance is seen as one of the instruments used in poverty alleviation, but the method that involves lending money and earning profits (interest-based method) is facing criticisms based on Shara compliance issues. This paper proposes cash Waqf, an Islamic social finance instrument, to enhance the livelihoods options for vulnerable Muslims. As one form of Islamic endowment, cash Waqf is a flexible fund available for productive purposes and can be operated within the framework of Shara aims of wealth protection, social equity and reduction of poverty. Qualitative research is adopted in this study, focusing on doctrinal analysis of the literature on Islamic finance, along with empirical studies concerning Waqf and microfinance. This study analyzes the cases of cash Waqf in microfinance of Malaysia, Indonesia and Bangladesh in relation to operational modes, governance and the relevant Shara-compliant financing products such as qard asan, murabah and murbaah used within a Waqf-based financing mechanism. The study reveals that merging cash Waqf with microfinance could expand financial inclusion for the needy, and could strengthen the sustainability of micro-enterprises. Yet, certain operational challenges such as inadequate governance, absence of regulatory frameworks, and lack of transparency needs to be overcome. The study proposes a conceptual framework for integrating cash Waqf, Islamic microfinance and sustainable solutions, where the participation of stakeholders and provision of a supportive environment and capacity building activities are necessary. The study concludes that integrating cash Waqf and microfinance provides a sustainable approach for livelihood development of Muslim communities, offering a sustainable solution to overcome economic challenges and promote socio-solidarity for inclusive development. The paper advances the existing literature in Islamic social finance concerning the study of Waqf as a modern socio-economic development tool and provides some findings and recommendations to scale up Waqf-based microfinance to meet the SDGs particularly Poverty Reduction and Economic Growth.

  • Assessing the Integration of Islamic Social Finance Instruments (Zakat, Waqf, and Qard Hasan) in Supporting Sustainable Growth of Food and Textile MSMEs in Nigeria

    » WAQF Business Review

    This study evaluates how well Islamic social finance tools zakat, waqf, and qard ḥasan are incorporated into helping MSMEs in Nigeria’s food and textile industries thrive sustainably. Based on the Islamic goals of socio-economic justice and stewardship (khilāfah), the study looks at how these tools support inclusive financing, ecologically friendly practices, and business resilience. A mixed-methods approach was used, which included in-depth interviews with chosen business owners and managers in addition to a structured survey of 140 MSMEs. The results show that just 35% of MSMEs now use energy-efficient technology, but 48% of textile MSMEs and 65% of food MSMEs have implemented waste minimization measures. Nonetheless, a sizable percentage (72%) indicated a great desire to embrace eco-friendly technologies with the help of Islamic social finance methods. Furthermore, 80% of the MSMEs surveyed said they adhered to fair labor standards, which reflects the moral perspective promoted by Islamic finance principles. Positive socio-economic spillover effects were seen at the home level, where patronage of these MSMEs was linked to a 20% decrease in food waste and a 15% decrease in clothing expenditure. The study highlights the important yet untapped potential of qard ḥasan, waqf, and zakat in fostering sustainable MSME development. It promotes specific legislative interventions, such as frameworks for halal sustainability certification, structured waqf-based MSME support programs, and interest-free financing for green technologies. The study comes to the conclusion that successful integration of Islamic social finance tools can promote household welfare, MSME sustainability, and economic growth in Nigeria in accordance with the larger Islamic imperatives of social justice and environmental stewardship.

  • The Impact of Islamic Philanthropic Mechanisms on Poverty Alleviation and Economic Resilience in the Wake of Fuel Subsidy Removal in Nigeria

    » Perwakilan: Journal of Good Governance, Diplomacy, Customary Institutionalization and Social Networks

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