The challenges of reconciling the validity of marriages originally conducted under non-Islamic religious traditions
Research gap analysis derived from 4 general papers in our local library.
The gap
The complexity of the Indonesian legal framework. The need to balance the protection of families with the principles of proportionality, justice, and public interest. The challenge of implementing the new Indonesian Criminal Code in a way that considers the objectives of maqāṣid al-syarī'ah.
Evidence profile
Sourced from the stated research gap and stated challenges and future-work section of the source papers, classified as general, spanning 4 journals.
Research trend
Established — well-defined area with open sub-problems.
Supporting evidence — 5 representative gaps
- ANALISIS STATUS HUKUM LGBT DI INDONESIA PERSPEKTIF AKSIOLOGI DAN FILSAFAT HUKUM (2026) · Al-IHKAM Jurnal Hukum Keluarga Jurusan Ahwal al-Syakhshiyyah Fakultas Syariah IAIN Mataram · doi
There is a gap in the existing research on the legal status of LGBT in Indonesia from the perspective of axiology and philosophy of law. The existing research has not analyzed the issue from this perspective. The study aims to fill this gap by analyzing the legal status of LGBT in Indonesia through the perspective of axiology and philosophy of law.
generalstated research gapevidence 5/5Keywords: there gap existing research legal status lgbt indonesia - KRIMINALISASI PERNIKAHAN SIRI DALAM KUHP BARU SEBAGAI INSTRUMEN PERLINDUNGAN KELUARGA: ANALISIS PERSPEKTIF MAQASHID SYARI’AH (2026) · QANUN: Journal of Islamic Laws and Studies · doi
The complexity of the Indonesian legal framework. The need to balance the protection of families with the principles of proportionality, justice, and public interest. The challenge of implementing the new Indonesian Criminal Code in a way that considers the objectives of maqāṣid al-syarī'ah.
generalstated challengesevidence 5/5Keywords: complexity indonesian legal framework need balance protection families - Dualisme Penetapan Itsbat Nikah atas Pernikahan Non-Muslim Pasca Konversi Agama di Pengadilan Agama (2026) · An-Nafis Jurnal Ilmiah Keislaman dan Kemasyarakatan · doi
The study highlights the challenges of reconciling the validity of marriages originally conducted under non-Islamic religious traditions when both spouses subsequently convert to Islam simultaneously. The research identifies the need for a more nuanced understanding of legal pluralism in Indonesian family law.
generalstated challengesevidence 5/5Keywords: study highlights challenges reconciling validity marriages originally conducted - Tindak Pidana Kohabitasi dalam KUHP Baru: Antara Privasi, Moralitas, dan Penegakan Hukum (2026) · Binamulia Hukum · doi
Future research could explore the potential impact of the law on different segments of Indonesian society. Scholars could examine the effectiveness of alternative policies or approaches for addressing issues related to cohabitation and public morality. Further study could also investigate the role of morality in criminal law, and the potential implications for human rights.
generalfuture-work sectionevidence 5/5Keywords: future research explore potential impact law different segments - Tindak Pidana Kohabitasi dalam KUHP Baru: Antara Privasi, Moralitas, dan Penegakan Hukum (2026) · Binamulia Hukum · doi
There is a need for more nuanced and effective policies for addressing issues related to cohabitation and public morality. The current law may not fully capture the complexities of the issue, and may lead to unintended consequences. Further research is needed to fully understand the potential impact of the law on human rights and Indonesian society.
generalstated research gapevidence 4/5Keywords: there need nuanced effective policies addressing issues related
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