Vol. 4 No. 1 (2025): Al-Faruq : Jurnal Hukum Ekonomi Syariah dan Hukum Islam

Divorce often leaves a significant psychological, emotional, and social impact on children, as well as disrupting their well-being and development. This study aims to explore Cooperative Parenting (Co-Parenting) as a way of post-divorce parenting that is in line with the principles of Islamic family law. This study uses a qualitative approach with a descriptive-analytical method based on literature study. The results show that effective Co-Parenting can minimize the negative impact of divorce by creating emotional stability, harmonious relationships, and consistent attention from both parents. This approach not only supports the physical and emotional needs of the child but also reflects the moral and spiritual responsibility of parents in accordance with Islamic values. The implementation of Co-Parenting has the potential to optimize children's development as well as be a strategic solution to maintain their welfare after divorce.

The rapid growth of the sharia economy in Indonesia has raised challenges in resolving disputes in this field, especially related to breach of contract. Although the Compilation of Sharia Economic Law (KHES) has been established as a legal guideline for Religious Courts, judicial practice still often refers to the Civil Code (KUH Perdata), which is rooted in Western legal traditions. This study aims to analyze the breach of contract concept in the KHES and the Civil Code and its implementation in the decisions of the Religious Court. The method used is a juridical-normative approach with a deductive analysis of court decisions and related regulations. The results of the study show that there are inconsistencies in the implementation of KHES, which can have an impact on legal uncertainty. The implications of these findings emphasize the need to strengthen regulations and increase judge’s capacity to implement KHES to ensure legal certainty and justice in resolving sharia economic disputes.

This study analyzes the implementation of the principles of Maqāṣid al-Syarī’ah in Islamic Fintech regulations in Indonesia through a normative juridical approach. Maqāṣid al-Syarī’ah, as the main goal of sharia, includes the protection of religion, soul, intellect, descendants, and property. This study aims to evaluate the extent to which Islamic Fintech regulations in Indonesia reflect these principles and provide solutions to improve regulatory compliance with Maqāṣid al-Syarī’ah. The normative juridical method is used to analyze relevant laws and regulations as well as related literature. The results of the study show that sharia Fintech regulations in Indonesia require compliance with the principles of Maqāṣid al-Syarī’ah in economic activities. This research provides recommendations for the development of more comprehensive regulations in accordance with sharia principles, as well as supporting the sustainable and inclusive growth of the sharia fintech industry.

This study discusses the application of the concept of ijtihad in regulating modern reproductive technology in Indonesia using an Islamic law approach. The development of reproductive technologies such as in vitro fertilization (IVF), artificial insemination, and genetic engineering have raised various legal and ethical issues in Islam, particularly concerning the clarity of lineage (nasab), the legal status of children, and the validity of medical practices from a sharia perspective. Therefore, an in-depth analysis is needed to examine the role of ijtihad in establishing laws and regulations that align with Islamic principles. This research uses a normative legal research method with conceptual, legislative, and historical approaches. The data sources include primary legal materials such as the Qur’an, Hadith, and fatwas from the Indonesian Ulema Council (MUI), as well as national regulations governing reproductive technologies, such as the Health Law and other related regulations. In addition, secondary legal materials from Islamic law literature and academic studies are also analyzed to understand the legal development regarding reproductive technology practices in Indonesia. The results of the study indicate that the concept of ijtihad plays a strategic role in shaping fatwas and regulations related to modern reproductive technologies. MUI's fatwa permits IVF practices as long as they are performed by a legally married couple and prohibits the use of sperm or egg donors due to its contradiction with the principle of nasab in Islam. National regulations have also accommodated Sharia principles by limiting reproductive technology practices to avoid conflicts with religious norms. However, challenges in the implementation of these regulations remain, such as differences in interpretation among scholars, insufficient oversight of medical practices, and the low level of public understanding regarding Islamic law in reproductive technologies.

This article examines the central role of Islamic theology in the formation and development of principles of sharia economic law. Through a systematic analysis, this research highlights how theological doctrines such as tauhid (oneness of God), 'adl (justice), and maṣlaḥah (welfare) serve as the ethical and normative foundation for sharia economic transactions and institutions. The author argues that Islamic economics is not merely an alternative system but a tangible manifestation of the integration of spiritual and material dimensions in Muslim life, aiming to achieve distributive justice and economic sustainability. This finding underscores that a deep understanding of these theological roots is crucial for policy innovation and the effective implementation of sharia economic practices that align with the objectives of sharia.