A Maqasid Shariah Review of the Contra Legem Judge's Decision in the Application of Article 97 of the Compilation of Islamic Law

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Qualitative analysis reveals that judges apply distributive justice in property division after divorce, suggesting possible reforms to Article 97.

Judges deviated from normative provisions to achieve a 75:25 distribution of joint property, focusing on substantive justice.
Key evidence from Supreme Court and Jakarta High Court decisions illustrates the application of contra legem in property division.
This normative juridical analysis utilized a qualitative approach to evaluate judicial decisions regarding Article 97.
The findings underscore the need for reformulation of Article 97 to enhance adaptability to current social realities in Islamic law.

Yunita et al. (2025) studied this question.

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Qualitative analysis reveals that judges apply distributive justice in property division after divorce, suggesting possible reforms to Article 97.