MAQASID SYARIAH SEBAGAI KERANGKA EVALUASI YURISPRUDENSI: KRITIK KONSTRUKTIF TERHADAP RUMUSAN KAMAR AGAMA 2025 DARI PERSPEKTIF HIFZH AL-NASL, HIFZH AL-'IRD, DAN HIFZH AL-MAL

Abstract

The 2025 Religious Chamber Formulation of the Supreme Court, enshrined in SEMA Number 1 of 2025, represents a significant leap in Islamic family judiciary reform in Indonesia. However, the extent to which this progressivity aligns with the higher objectives of Islamic Law (Maqasid Syariah) needs to be critically examined. This research aims to evaluate the compatibility of the 2025 Religious Chamber Formulation with the dimensions of Hifzh al-Nasl (protection of lineage/family), Hifzh al-'Ird (protection of honor), and Hifzh al-Mal (protection of property). The research employs normative legal research methods using a conceptual approach (maqasidi approach) and a statutory approach. The results indicate that the 2025 Religious Chamber Formulation is very strong in the aspect of Hifzh al-Nasl through the application of ex officio powers for the best interest of the child. However, constructive criticism is found in the aspect of Hifzh al-'Ird, where transparent summons mechanisms and verdict publication potentially infringe upon the privacy rights and honor of the parties if not balanced with the presumption of innocence. Regarding Hifzh al-Mal, the formulation is progressive but still requires technical details regarding asset freezing to prevent embezzlement before the verdict gains executory force. The article concludes that for the 2025 Religious Chamber Formulation to achieve perfection (kamal), technical adjustments are needed that prioritize a balance between judicial efficiency and the protection of human dignity and property security.