Journal Title : An-Nisa: Journal of Islamic Family Law Initials : An-Nisa Frequency : Maret, Juni, September dan Desember Print ISSN : - Online ISSN : 3064-0520 Editor in Chief : Iffah Fathiah, S.H., M.H DOI: 10.63142/An-Nisa Duration: Approx. 10 days to first decision Acceptance Rate: 45% of the total submissions Publisher : Lembaga Penelitian Cendekia Gagayunan Indonesia An-Nisa: Journal of Islamic Family Law is a peer-reviewed academic journal that focuses on the study and analysis of Islamic family law and related issues. The journal aims to provide a platform for scholars, researchers, and practitioners to explore the dynamic and evolving nature of Islamic family law in various cultural, social, and legal contexts. An-Nisa welcomes submissions from various disciplines, including Islamic studies, law, sociology, anthropology, gender studies, and related fields. The journal is dedicated to advancing knowledge and fostering a deeper understanding of how Islamic family law operates both in theory and practice, as well as its implications for contemporary Muslim societies. By engaging with diverse perspectives and research methodologies, An-Nisa contributes to the ongoing discourse on Islamic family law and offers insights into the legal, social, and ethical dimensions of family life in Muslim communities. Indexing by: Read More
Legal Certainty and Legal Protection For Victims of Catcalling In Indonesia: A Critical Analysis of The Sexual Violence Crime Law And Maqāṣid Al-Sharī'ah
Catcalling is one of the most common forms of non-physical sexual harassment in public spaces, yet legal protection for victims in Indonesia still faces various obstacles. Although Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence recognizes non-physical sexual harassment as a crime, there is no regulation that explicitly defines catcalling, resulting in normative ambiguity, legal uncertainty, and differences in interpretation in its enforcement. This study aims to analyze the legal regulations regarding catcalling in Indonesian positive law, identify obstacles to legal protection for victims, and examine it from the perspective of maqāṣid al-syarī'ah. The study uses a normative legal research method with a statutory, conceptual, comparative, and Islamic legal approach. Primary, secondary, and tertiary legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretations. The results show that the absence of a clear legal definition of catcalling means that legal protection does not fully fulfill the principles of legal certainty, particularly lex certa and lex stricta, so that law enforcement still relies on the interpretation of officials. Furthermore, difficulties in proving, gender bias in law enforcement, a culture of victim blaming, and the normalization of verbal sexual harassment further weaken protection for victims. From the perspective of maqāṣid al-syarī'ah, catcalling contradicts the principles of Hifz al-'Ird (protection of honor), Hifz al-Nafs (protection of life), and Hifz al-Karamah (protection of human dignity). This study offers a normative reconstruction of the regulation of catcalling through harmonization between the TPKS Law and the Criminal Code, while integrating positive law with Islamic legal principles to strengthen legal certainty and increase the effectiveness of legal protection for victims of verbal sexual harassment.
Copyright (c) 2026 Nurfadilah Djafar, Rusdiyanto Puluhulawa, Irl an Puluhulawa, Rasham Armab Saikhu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Qawā'id Fiqhiyyah and Legal Pluralism: Reconstructing Islamic Family Law toward Gender Equality in Indonesia
The relationship between Islamic family law and national law in Indonesia is still an important legal issue, especially in the areas of marriage, inheritance, child custody, and family rights. However, existing studies tend to focus on formal legal reform and legal pluralism without providing a systematic analytical framework for harmonization that is explicitly based on Qawāʾid Fiqhiyyah and oriented towards gender equality. This research fills this gap by formulating and applying an analytical framework based on Qawāʾid Fiqhiyyah to examine how key legal principles can be used to resolve the normative conflict between Islamic family law and Indonesian national law while promoting gender justice. This study uses a qualitative research design with a comparative-analytical approach through document analysis of classical and contemporary Islamic legal sources, Indonesian laws and regulations, important court decisions, and scientific works that have gone through a peer review process, using iterative coding and thematic comparison. This study centers on the basic principles of justice (ʿadl), benefit (maṣlaḥah), prevention of harm (darʾ al-mafāsid), and custom ('urf), which are operationalized as criteria for assessing legal provisions and patterns of interpretation. The findings of the study show, first, that Qawāʾid Fiqhiyyah facilitates a contextual reinterpretation of family law rules so that provisions on marriage guardianship, alimony, and divorce can be harmonized with constitutional guarantees of equality; second, that the principles of maṣlaḥah and the prevention of harm provide a principled basis for courts to prioritize protection from violence and discrimination in childcare and inheritance disputes; and third, that the recognition of the legitimate 'urf opens up space for the integration of Indonesian socio-legal realities into Islamic legal reasoning without abandoning its doctrinal foundation. Theoretically, this study makes a contribution to formulating Qawāʾid Fiqhiyyah not only as a technical rule of fiqh, but as a normative-analytical framework for the harmonization of rights-based law between Islamic family law and national law in the context of modern countries with Muslim populations.
Copyright (c) 2026 Dr. Jalili, Prof. Kabir (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reconstructing Boundaries of Spousal Interaction with the Opposite Sex in the Digital Era: A Sadd Al-Dzari'ah Approach in Islamic Family Law
The high divorce rate in Indonesia, which reached 516,334 cases in 2022, shows the increasingly vulnerable resilience of Muslim families. Previous studies have generally explained divorce from social, economic, and psychological perspectives, while studies that have formulated preventive limits on the interaction of husband and wife with the opposite sex based on Islamic legal principles, especially in physical, digital, and professional spaces, are still very limited. This study aims to formulate preventive limits on the interaction of husband and wife with the opposite sex based on the concept of sadd adz-dzarī'ah in the perspective of Islamic Family Law and analyze its normative capacity as a basis for strengthening Muslim family governance in the modern era. This research uses a normative legal research method based on literature studies with a conceptual approach and maqāṣid al-syarī'ah. The data was analyzed qualitatively through the study of the Qur'an, hadith, classical literature of uṣūl fiqh, and contemporary scientific publications. The results of the study show that sadd adz-dzarī'ah has a strong and proportionate normative capacity because it only limits interactions that objectively have a high potential to lead to acts that are prohibited by the Shari'ah. This research produced a Preventive Model of Three Spaces of Interaction that includes the boundaries of physical, digital, and professional interactions, accompanied by measurable indicators of the shift in interaction from the category of mubāḥ to dzarī'ah as well as a multi-level normative classification that includes mubāḥ, makrūh, and ḥarām. These findings expand the scope of the study of fiqh mu'āsyarah into the digital space as a theoretical contribution that has not been widely discussed in the literature before. This study recommends that the model be integrated into the curriculum of marriage guidance, family education, and Muslim family development policies as preventive instruments to strengthen family resilience in the digital age.
Copyright (c) 2026 Agung Gunawan, Emha Hasan Nashrulloh, Noor Naemah Abdul Rahman, Ozioma Victoria Uchime (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Conflict between Customary Law and Islamic Law in the Postponement of Joint Property Distribution After Divorce
The postponement of the distribution of joint property after divorce is still an ongoing socio-juridical problem and has an impact on weak legal certainty and the fulfillment of economic rights after divorce, especially for women. Although Indonesian positive law and Islamic law normatively regulate the division of common property, there is still a gap between legal norms and the practice of their implementation in a society based on customary law. This research fills the research gap in the form of a lack of empirical juridical studies on the postponement of the distribution of common property in the interaction between customary law, Islamic law, and state law in traditional societies. The purpose of this study is to analyze the causal factors, patterns, and legal implications of post-divorce joint property distribution, with an emphasis on the protection of economic rights. The method used is empirical juridical with a socio-legal approach, which is carried out through field research in Katimaju Village, Ketambe District, Southeast Aceh Regency, with in-depth interview techniques and document analysis. The results of the study show that the delay in the distribution of joint property is influenced by the strong customary norms, the dominance of the role of extended families and traditional leaders, and the prevalence of unregistered marriages, which has implications for legal uncertainty and weak economic protection for women. The novelty of this research lies in an integrative analysis between normative legal frameworks and local social practices that reveal structural injustices in customary dispute resolution mechanisms. Based on these findings, this study recommends that the settlement of the distribution of joint property after divorce be required through a legal mechanism that has binding power by involving the Religious Court as the main authority, accompanied by the reformulation of customary dispute resolution mechanisms to be in harmony with Islamic law and state law, increasing the legalization of marriage through marriage registration, and strengthening community-based legal education to ensure legal certainty. protect women's economic rights, and realize substantive justice in indigenous peoples.
Copyright (c) 2026 Seri Bahreni Riski, Misran, Boihaqi bin Adnan, Nur Syahirah Mohammad Nasir (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Children’s Rights Fulfillment in Families of Female Migrant Workers: An Islamic Law Perspective from Aceh Tenggara
The increasing participation of women as migrant workers has created complex socio-legal consequences within family structures, particularly concerning the fulfillment of children's rights. While economic remittances from female migrant workers contribute to improving household welfare, the prolonged physical absence of mothers raises critical concerns regarding parenting, emotional attachment, and moral development of children. Existing studies largely focus on the economic benefits of labor migration, while limited attention has been given to the holistic fulfillment of children's rights from an Islamic legal perspective. This study aims to examine the fulfillment of children's rights in families of female migrant workers in Bukit Tusam District, Southeast Aceh Regency, and to analyze the issue through the framework of Islamic law. The research employs an empirical qualitative approach through field research, with data collected via in-depth interviews, observation, and documentation involving female migrant worker families, substitute caregivers, and community stakeholders. The findings indicate that children's economic and formal educational rights are relatively fulfilled through remittances and continued access to schooling. However, the rights related to parental care, emotional support, and moral-religious guidance are often inadequately addressed due to the absence of maternal caregiving. From the perspective of Islamic law, the fulfillment of children's rights requires a holistic approach grounded in the principles of maqāṣid al-sharīʿah, particularly the protection of lineage, intellect, and welfare. This study contributes to the discourse on Islamic family law by emphasizing the need for integrative policies and community-based support systems to ensure the comprehensive protection of children's rights in migrant worker families.
Copyright (c) 2026 Noor Fadillah Hayatusyifa, Fakhrurrazi M. Yunus, Aulil Amri, Manuel Beltrán Genovés, Nur Syahirah Binti Mohammad Nasir (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Marital Maintenance Neglect and Divorce Dynamics: An Empirical Socio-Legal Study in Gampong Neuheun, Aceh Besar
Neglect of maintenance by the husband is one of the dominant factors that cause divorce which is not always related to structural poverty, but also to unproductive behavior and intentional neglect in fulfilling household economic obligations. This study aims to analyze the social dynamics of maintenance negligence, identify the main causative factors, examine its impact on family stability, and evaluate the effectiveness of custom-based mediation mechanisms in conflict resolution in Gampong Neuheun, Mesjid Raya District, Aceh Besar Regency. This study uses a qualitative approach with the type of field research. Data was collected through in-depth interviews with gampong officials, traditional leaders, and religious leaders, and strengthened by participatory observation and documentation studies. The results of the study show that livelihood instability is more predominantly caused by laziness, the involvement of the husband in online gambling, and dependence on social assistance that is not managed productively, thus triggering prolonged conflicts and increasing the risk of divorce. Customary mediation has been proven to play a role in reducing conflicts in the early stages, but its effectiveness is limited when it is not accompanied by a commitment to behavior change from the husband. This study recommends strengthening community-based regulations and supervision as well as family economic empowerment programs that are integrated with customary mediation mechanisms as preventive measures to reduce the divorce rate due to neglect of alimony.
Copyright (c) 2026 Inayatul Fitri, Zaiyad Zubaidi, Muhammad Husnul, Bilaly Sangare, Isa Olawale Solahudeen (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Beyond Formal Courts: The Role of Customary Institutions in Resolving Divorce Disputes in East Aceh, Indonesia
This study examines the authority, effectiveness, and practices of divorce dispute resolution conducted by customary institutions in Lhok Dalam Village, Peureulak District, East Aceh, Indonesia. The research addresses the growing interaction between customary mechanisms and formal religious courts in resolving family disputes within Acehnese society. Using a qualitative socio-legal approach, data were collected through in-depth interviews with customary leaders and community members, field observations, and document analysis. The data were analyzed using descriptive-analytical techniques to identify patterns of authority, mediation practices, and institutional limitations within the customary dispute resolution process. The findings reveal that customary institutions possess strong moral and social legitimacy in mediating marital conflicts before cases are submitted to the Mahkamah Syar’iyah. Divorce disputes are generally addressed through deliberative dialogue, religious advice, and reconciliation efforts (islah) aimed at restoring family harmony. This process is perceived as effective in reducing social tensions, preventing premature divorce, and preserving community dignity and social cohesion. However, the study also finds that the effectiveness of customary mediation remains institutionally limited because the outcomes lack formal legal recognition within the state legal system. Consequently, decisions reached through customary mediation cannot always guarantee legal certainty for the parties involved. This study recommends strengthening the role of customary institutions by establishing formal documentation of mediation outcomes, enhancing the capacity of customary leaders through legal and mediation training, and developing institutional collaboration with the Mahkamah Syar’iyah to ensure both social legitimacy and legal certainty in divorce dispute resolution.
Copyright (c) 2026 Nabila Miswar, Ida Friatna, Riza Afrian Mustaqim, Maryna Chernysh, Munkh-Erdene Batdulam (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Parent-to-Child Grants and Their Influence on Inheritance Perspectives of Islamic Law and Positive Law
Parental grants (hibah) to children are commonly practiced as an expression of affection and as a means of managing family property during one’s lifetime. However, in practice, such grants often give rise to legal issues, particularly when they affect the distribution of inheritance after the parents’ death. This article aims to examine the legal position of hibah from the perspective of Islamic law, the practice of parental grants to children, and the impact of such grants on inheritance according to Islamic law and Indonesian positive law. This study employs a qualitative approach with a normative-juridical method through library research, analyzing the Qur’an, Hadith, Islamic jurisprudential principles, the Compilation of Islamic Law, and relevant legal literature. The findings indicate that hibah in Islamic law is a valid legal transaction as long as it is conducted voluntarily, fairly, and while the grantor is still alive. Parental grants to children are permissible but must uphold the principle of justice to prevent inequality and family disputes. In principle, a valid hibah does not constitute inheritance property. Nevertheless, under certain circumstances such as unjust grants, grants made shortly before death, or grants intended to circumvent inheritance rules hibah may be calculated as part of the inheritance, as stipulated in Article 211 of the Compilation of Islamic Law. Therefore, hibah and inheritance are closely interconnected and must be implemented based on principles of justice and public benefit.
Copyright (c) 2026 Intan Intan, Jamhir Jamhir, Yusnaidi Kamaruzzaman, Nor Azlina Mohd Noor, Shadi Imad Ali Qaddumi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Motivation and Impact of Marriage of UIN Ar-Raniry Banda Aceh Students in Hifz Ird̄i Review
This study aims to analyze the phenomenon of marriage among female students of UIN Ar-Raniry Banda Aceh during the study period through the perspective of hifz al-'ird in maqashid al-shariah, which is a principle that emphasizes the maintenance of honor and self-dignity. This phenomenon is interesting to study because of the increasing choice of marriage during college which gives rise to academic, social, and religious dynamics for female students. The study used a descriptive qualitative method with data collection techniques in the form of in-depth interviews with three married female students during the study period and documentation as supporting data. The data were analyzed thematically to identify the driving factors, impacts, and relevance to the concept of hifz al-'ird. The results of the study showed that the decision to marry was influenced by religious motivation, family support, mental and emotional readiness, economic considerations, and the desire to have a supportive partner in academic and household life. In terms of impact, marriage provides a positive influence in the form of moral protection, emotional support, increased responsibility, and more targeted social relations; But it also presents challenges such as the division of time between studies and household, potential academic obstacles, limited social interaction, and a decrease in focus on learning in certain situations. In the perspective of hifz al-'ird, marriage during the study period is understood as a means of maintaining honor, dignity, and personal integrity in line with the purpose of maqashid al-sharia in protecting the moral, psychological, and social aspects of individuals. The study recommends that universities provide academic support and family counseling for married female students during their studies to maintain a balance between academic responsibilities and home life.
Copyright (c) 2026 Muhaiminu Laila Fitri, Zaiyad Zubaidi, Shabarullah Shabarullah, Fatima Zohra Aouati, Dalia Pervin (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Child Rights Fulfilment in Families Practicing Early Marriage: A Juridical-Empirical Analysis of Child Protection Law Implementation in Blangkejeren, Gayo Lues Regency
The phenomenon of Early marriage remains a critical social issue in Blangkejeren District, Gayo Lues Regency, with significant implications for the fulfilment of children’s rights within the family. Despite the existence of a comprehensive legal framework, particularly Law Number 35 of 2014 on Child Protection, its implementation at the family level among early-married couples remains ineffective. This study examines the fulfilment of children’s rights in families practising early marriage and identifies the legal and socio-familial factors hindering its realisation. Employing a juridical-empirical approach with a qualitative descriptive design, the research integrates normative legal analysis with empirical data collected through in-depth interviews with early-married families, community leaders, and relevant institutions. The findings reveal a clear gap between legal norms and social practice, as children’s rights related to caregiving, education, and health are inadequately fulfilled. These conditions are driven by parents’ economic and psychological unpreparedness, limited legal awareness, and weak institutional support. The study highlights the need to strengthen child protection law implementation through structured premarital education, young family empowerment, and enhanced institutional oversight.
Copyright (c) 2025 Mala Hayati, Fakhrurrazi M. Yunus, Gamal Achyar (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Islam as a Condition for Waqf: Dialectics of Classical Fiqh and Indonesian Waqf Law in a Pluralistic Society
Waqf plays a strategic role in strengthening the Islamic economy and promoting social welfare. However, scholarly debate persists regarding whether being Muslim constitutes a substantive legal requirement for a waqif, particularly within Indonesia’s pluralistic socio-legal context. Existing studies largely focus on administrative or economic aspects of waqf, while the normative tension between classical Islamic jurisprudence and Indonesian positive law on the religious status of the waqif remains underexplored. This study aims to address this gap by critically examining the requirement of Islamic faith for waqif from the perspectives of Islamic jurisprudence and Indonesian waqf law. Employing a qualitative normative-juridical method, the research analyzes classical and contemporary fiqh sources from the four Sunni schools (Ḥanafī, Mālikī, Syāfi‘ī, and Ḥanbalī), alongside national regulations, particularly Law No. 41 of 2004 on Waqf and Government Regulation No. 42 of 2006. The findings demonstrate that, within Islamic jurisprudence, being Muslim is not an absolute prerequisite for the validity of waqf, except when the object of waqf is directly related to ritual worship, such as mosques. The Ḥanafī, Syāfi‘ī, and Ḥanbalī schools emphasize legal capacity (ahliyyah al-taṣarruf), ownership, and lawful objectives as determining factors of validity. Similarly, Indonesian waqf law does not impose religious restrictions on waqif, provided that the waqf serves public benefit and does not contradict sharia principles. This study contributes to the discourse on waqf law by demonstrating that the requirement of Islam for waqif functions as a contextual moral and spiritual value rather than a rigid juridical condition, thereby highlighting a normative convergence between classical fiqh and national law in prioritizing social justice and public welfare.
Copyright (c) 2025 Hilmi Marwa Abdullah, Musyafi Usman, Sadida Nizam, Muhammad Bilal (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Prohibition vs Persistence: Contract Marriages between the Objectives of Islamic Law and Local Legal Realities in Indonesia
The phenomenon of contract marriage (nikah kontrak) in Cianjur Regency has emerged as a significant legal and socio-religious issue within Indonesian society, attracting both national and international scholarly attention. This study is driven by two core research questions: (1) How is Regent Regulation No. 38 of 2021 implemented in addressing the practice of contract marriage? and (2) To what extent does this regulation reflect and uphold the objectives of Islamic law (Maqāṣid al-Sharīʿah)? The research aims to critically examine the legal implementation and social impact of the regulation, particularly on individuals involved in contract marriages. Employing a qualitative method with a descriptive-analytical and case-study approach, data were collected through in-depth interviews with contract marriage actors, community leaders, and government officials. The findings reveal that contract marriages in Cianjur occur through various forms of informal or semi-formal arrangements often without legal guardians or witnesses, or with invalid ones thereby fulfilling only the outward form of marriage without generating legal consequences such as the obligation of ʿiddah. From the Sunni legal perspective, such practices are considered invalid, whereas in the Shiʿa Imamiyah tradition, they may resemble nikah mutʿah under specific conditions. The persistence of contract marriage is influenced by internal factors (economic necessity, cultural accommodation) and external factors (social tolerance and weak enforcement). Although Regent Regulation No. 38/2021 seeks to curb the practice, its implementation has yet to produce a substantial deterrent effect. Within the broader global discourse on Islamic legal reform, this study underscores the necessity of integrating normative Islamic legal principles with contextual socio-legal realities. A more comprehensive strategy combining legal enforcement, community education, and theological engagement is essential to safeguard the higher objectives of Islamic law and protect vulnerable parties in marital relations.
Copyright (c) 2025 Burhan Latip, Muhammad Husni Abdulah Pakarti , Nik Salida Suhaila Nik Saleh, Muhammad Zakir Husain, Normadiah Daud (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Korupsi sebagai Kejahatan Kemanusiaan dalam Perspektif Fasad fi al-Ardh dan Hukum Indonesia
Corruption in Indonesia is no longer seen as an ordinary crime, but has developed into an extraordinary crime that damages the system and order of national life. A positive legal approach through the Corruption Law is considered to be unable to provide a deterrent effect or touch the root of the problem of substantive justice. This research aims to offer an alternative perspective by positioning corruption as a crime against humanity through the study of the concept of fasad fi al-ardh in the Qur'an. The method used is normative legal research with philosophical, conceptual, and comparative approaches. Primary data is sourced from the Qur'an and laws and regulations, while secondary data comes from books of tafsir, books, and scientific journals. The results of the study show that the characteristics of the fi al-ardh façade, such as massive damage, betrayal of public trust, and dehumanization, have a substantive conformity with systemic corruption practices in Indonesia. This similarity provides a strong philosophical basis for reformulating national criminal law policy. This study proposes: (1) increasing the qualification of systemic corruption as an extraordinary crime equivalent to a crime against humanity; (2) the application of heavier and proportionate punishment as reflected in the QS. Al-Maidah: 33; and (3) strengthening additional restorative punishments, including the allocation of fines for the socio-economic recovery of the community. The findings of this study confirm that the integration of fi al-ardh façade values in national criminal law policy can be a progressive paradigm to strengthen moral legitimacy, law enforcement effectiveness, and eradication of corruption in Indonesia.
Copyright (c) 2025 Muhammad Lutfi Abdullatif (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Negotiating Marital Communication in the Digital Era: Social Media Use among Working Couples from a Family Law Perspective
This study aims to identify and analyze the communication patterns of married couples who work in using social media effectively and adaptively to maintain household harmony. This study uses a qualitative descriptive method with the determination of informants based on the principle of data saturation, considering that the population number is not known for sure. A total of 12 informants who were married couples with formal employment status were randomly selected. Data collection was carried out through in-depth interviews and thematic analysis. The results of the study show that face-to-face communication remains the most crucial and effective foundation in maintaining household harmony, especially in resolving sensitive issues and deep conflicts. Meanwhile, social media functions as a complement to practical communication, especially in conditions of limited time, long distance relationships, and as a means of defusing conflicts in the early stages. However, the majority of informants consider that social media is not yet fully effective in conveying crucial issues such as criticism and differences of opinion due to the high risk of misunderstandings. These findings indicate that household harmony (sakinah, mawaddah, and rahmah) is supported by the application of interpersonal communication norms, such as openness, emotional control, mutual respect, and the establishment of ethical boundaries in digital behavior to prevent conflicts, including the potential for online infidelity. Based on these findings, this study recommends that married couples who actively work build a balanced communication agreement between face-to-face communication and social media utilization, accompanied by digital communication literacy oriented towards ethical values and family resilience.
Copyright (c) 2025 Muhammad Yanis, Bukhari Ali, Yenny Sri Wahyuni, Nurul Ain Hazram, Hisyam Maliki Akbar (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Concept of the Ideal Couple: Buya Hamka's Perspective in Islamic Marriage Law
The choice of a life partner is a fundamental aspect in Islamic marriage law because it has a direct effect on the formation of a harmonious family. This study aims to analyze Buya Hamka's perspective on the criteria for ideal couples in Islamic marriage and its relevance to contemporary legal and social contexts. This research uses a qualitative approach through literature studies, with the main source in the form of Buya Hamka's works, including Tafsir al-Azhar, Great Pribadi, Living Institutions, and Modern Sufism. The results of the study show that Buya Hamka places faith and morals as the main foundation in choosing a partner, outperforming physical, economic, and social status considerations. In addition, Hamka emphasized the concept of kafā'ah which is not solely material, but includes the harmony of religious understanding, education, character, and vision of life. This view is in line with the purpose of marriage in Indonesia's positive law which emphasizes the formation of a happy, prosperous, and sustainable family. This research contributes by enriching the treasure of Islamic family law thought through the formulation of ideal couple criteria based on the integration of religious, social, and psychological values that are relevant to strengthening the resilience of Muslim families in the modern era.
Copyright (c) 2025 Chaidir Ali Ahmad, Muhsan Syarafuddin, Kirama Nasim Manbi Ushama, Jamaluddin Jamal Muhsen (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Mechanism for Settlement of Wali Adhal Cases in the Determination of Guardian Judges in Banda Aceh
This study aims to examine the factors that lead to the appointment of a marriage guardian judge (wali hakim) due to the refusal of a legitimate guardian (wali adhal), as well as the mechanism of its implementation at the Office of Religious Affairs (KUA) in Lueng Bata District, Banda Aceh. The research employs a qualitative approach with a sociological-empirical method, using in-depth interviews, observation, and documentation with the Head of KUA and KUA staff as the primary sources, supported by secondary data from literature and legal documents. The findings reveal that the appointment of a wali hakim generally arises from non-shar’i reasons, including personal conflicts between guardians and prospective brides, excessive social considerations related to the groom’s status, economic concerns, and long-standing family disputes. These factors restrict women’s rights to marry in accordance with Islamic law. The resolution mechanism consists of several stages, starting from reconciliation efforts, mediation by KUA and community leaders, and, if necessary, filing a petition to the Religious Court. Once the court transfers guardianship rights, the marriage can be solemnized with a wali hakim appointed by the judge. This study highlights the crucial role of KUA and the Religious Court in safeguarding women’s rights and ensuring the validity of marriage under both Islamic and state law in Indonesia.
Copyright (c) 2025 Cut Amirah Fatinah, Khairani Mukdin, Nik Salida Suhaila Nik Saleh, Rishat Ameer Ğafurof, Kasuwi Saiban (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Jurisprudence of the Banda Aceh Syar'iyyah Court in the Determination of Post-Divorce Child Support
This study examines the judicial considerations and implementation of child support arrangements following divorce as stipulated in the Decision of the Mahkamah Syar’iyyah Banda Aceh Number 450/Pdt.G/2023/MS.Bna, as well as the form of legal protection afforded to children’s rights. Using a descriptive qualitative method with a normative juridical approach, this research analyzes relevant statutory regulations, Islamic legal principles, and the court decision as the primary data source. The findings reveal that the judges endorsed the parties’ agreement regarding child custody and financial responsibility, resulting in a shift of the child support burden from the father to the mother. This determination was made on the basis of the child’s best interests, despite the normative rule that places the primary obligation of support on the father according to Article 41 of Law No. 1 of 1974, Article 80 of the Compilation of Islamic Law, and classical fiqh principles. Mahkamah Syar’iyyah adopts a flexible approach in allocating support obligations when justified by mutual agreement and the welfare of the child. Theoretically, this study contributes to strengthening the maqāṣid al-sharī‘ah framework particularly the principle of maslahah al-walad within contemporary family law adjudication. The study underscores the need for continuous evaluation of religious court practices to ensure consistent and effective protection of children’s rights to financial support after divorce.
Copyright (c) 2025 Mujibur Rahman, Shabarullah Shabarullah, Ghazal Lianne (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Law of Adoption of Children Out of Wedlock in the Perspective of Islamic and Indonesian Law
The adoption of children from extramarital relationships is a complex legal issue because it involves legal, social, and religious dimensions at the same time. This study aims to analyze the comparison of the regulation of adoption of children out of wedlock in Islamic law and positive law in Indonesia, especially related to the legal status of children, civil relations, and the implications of their rights. This research uses a normative-juridical approach with a comparative legal method, through an examination of laws and regulations, court decisions, fatwas, as well as relevant Islamic law and national law literature. The results of the study show that in Indonesia's positive law, children out of wedlock can obtain a civil relationship with their biological father as long as it is scientifically proven and determined through legal mechanisms, but does not automatically obtain inheritance rights from adoptive parents except through grants or mandatory wills. Meanwhile, Islamic law views the adoption of children in the form of kafālah, which emphasizes the parenting aspect without changing the child's nasab, inheritance rights, and marital status. The difference in principle between the two legal systems poses normative challenges in the practice of child protection, so an integrative approach is needed that is able to ensure the best interests of children without ignoring Islamic sharia values. This research contributes by offering a conceptual framework for harmonization between Islamic law and national law in the regulation of out-of-wedlock child adoption based on the protection of children's rights.
Copyright (c) 2025 Amar Yusuf Abdurrohman, Misbahuzzulam, Muhammad Husni Abdulah Pakarti, Imran Ahmad Sajid, Fateema Muslihatun Najihah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Disfungsi Keluarga: Telaah Fantasi Sedarah Melalui Teori Sistem Ekologi dan Fungsi Keluarga Dalam Islam
The emergence of the online community “Fantasi Sedarah” reflects a severe form of family dysfunction, where moral values and core family functions have failed. This study aims to examine the relationship between family dysfunction and sexual deviance within this community by applying Bronfenbrenner’s ecological systems theory and the Islamic concept of family function by Khurshid Ahmad. This research uses a qualitative approach with a case study design and digital ethnography (netnography). Data were collected through observation of the online community, and news documentation. The findings reveal that the community’s existence is not only rooted in micro-level failures such as within the family but is also reinforced by exosystems like social media and a macrosystem that is permissive toward deviant content. The discussions within the group normalize deviant behaviors, indicating the collapse of the family’s moral and emotional protection roles. This study concludes that the “Fantasi Sedarah” phenomenon is a multidimensional crisis requiring collaborative responses from families, education systems, legal authorities, and digital platforms.
Copyright (c) 2025 Syifa Lailya Wigaswanda, Hendar Riyadi, Esty Faatinisa, Nabila Julianti Rahman, Afiifah Dinda Luthfiana, Nadia Nur Padila (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Certainty of Interfaith Marriage After SEMA No. 02 of 2023 Maqasid Sharia Perspective
Interfaith marriage in Indonesia has long been a controversial legal issue, particularly following the issuance of Supreme Court Circular Letter (SEMA) No. 02 of 2023, which explicitly prohibits the registration of marriages between individuals of different religions. This policy has raised significant concerns regarding legal certainty and its alignment with substantive justice, especially when examined through the lens of Maqasid al-Sharia. This study aims to analyze the extent of legal certainty governing interfaith marriage under Indonesia’s positive law framework and to assess its conformity with the objectives of Islamic law. Employing a normative juridical method, this research utilizes statutory, conceptual, and doctrinal approaches, drawing upon legislation, Islamic legal doctrines, and relevant academic literature. The findings reveal that, under positive law, interfaith marriage lacks formal legal validity as it contravenes Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage, a position further reinforced by SEMA No. 02 of 2023 as a binding judicial guideline. From the perspective of Maqasid al-Sharia, the prohibition is consistent with the protection of the five essential objectives of Islamic law (al-daruriyyat al-khams), particularly the preservation of religion (hifz al-din) and lineage (hifz al-nasl). Nevertheless, this study also identifies inconsistencies in the implementation of SEMA No. 02 of 2023 at the practical level, which may undermine legal certainty and result in unequal legal treatment. Therefore, this research recommends the strengthening of legal harmonization through clearer statutory regulation, enhanced inter-institutional coordination, and improved guidance for law enforcement and civil registration authorities to ensure consistent application in accordance with the principles of legal certainty, justice, and social welfare.
Copyright (c) 2025 Shabrina Rusliansyah, Hasnul Arifin Melayu, Aulil Amri, Claire Lajaunie, Fatima Zohra Benali (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Role and Application of 'Urf as a Source of Islamic Law: A Historical Review and Fiqhiyah Rules
Urf or community customs have an important role in the development of Islamic law. As one of the sources of law, 'urf is recognized in fiqhiyah rules as long as it does not contradict the shar'i nash. This research aims to analyze the role and application of 'urf in Islamic law with a historical approach and examine the fiqhiyah rules related to its use. This research uses a qualitative approach with a literature study method. Data were collected from primary and secondary sources, such as classical fiqh books, academic journals, and Islamic legal literature. The analysis is done descriptively-critically to understand the historical development of 'urf and its relevance in fiqhiyah rules. The results show that 'urf has a significant role in the development of Islamic law, especially in the context of legal adaptation to social and cultural changes. Historically, 'urf has been used by scholars as a basis in determining laws that are relevant to the context of society, as long as they do not conflict with the principles of sharia. Fiqhiyah rules such as al-'ādah muhakkamah (customs can be made into law) and Al-maslahah al-mursalah (interests that are not mentioned by the nash) become the main basis for applying 'urf. This finding confirms that 'urf can be a valid source of Islamic law as long as it meets certain criteria, such as not contradicting shar'i arguments and being common in society. Understanding 'urf is also important in the context of fatwa and contemporary Islamic legal policy. 'Urf acts as a dynamic instrument in Islamic law that allows flexibility in the application of sharia in accordance with social reality. This study contributes to understanding how Islamic law can remain relevant by considering the customs of society that do not contradict the principles of sharia.
Copyright (c) 2025 Muhammad Husni Abdulah Pakarti, Ending Solehudin, Maruf Maruf, Iqbal Saujan, Saeideh Shakibiciu (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Early Marriage in the Islamic Legal System, the Continental and Anglo Saxon European Legal Systems
Child marriage is a violation of human rights that has a systemic impact on aspects of reproductive health, education, economy, and social participation. This article conducts a comparative-critical analysis of the construction of child marriage law in three dominant legal systems: Islamic Law (based on maslahah mursalah), Continental European Law (codification-based), and Anglo-Saxon Law (precedent-based), using the theoretical framework of legal pluralism Santos (1987) and the concept of best interest of the child (CRC 1989). The research method combines a normative-doctrinal approach with a critical discourse analysis of primary legal texts and court decisions in 15 representative countries. The findings reveal three paradigms: (1) Contemporary Islamic law has undergone a transformation from classical fiqh through the reinterpretation of maqashid shari'ah with an age limit of 18 years (Law No. 16/2019 in Indonesia and the Child's Rights Act 2003 in Nigeria); (2) The Continental European System implements legal paternalism through the harmonization of EU Directive 2019/51 with the minimum age standard of 18 years without dispensation; (3) The Anglo-Saxon system developed judicial activism through progressive precedents (the Re Marriage Act 2015 in the UK and Obergefell v. Hodges in the US). This study contributes to the theory of global legal convergence by recommending an integrated legal reform model that synthesizes the legal certainty of the European system, Anglo-Saxon flexibility, and Islamic maslahah values.
Copyright (c) 2025 Muchamad Ikbal, Ah. Fathonih, Fauzan Ali Rasyid (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Patriarchal Dominance and Domestic Violence: A Family Law Perspective in North Aceh
This paper examines patriarchal dominance as a driving factor of domestic violence, the focus of research in this paper is on gender inequality, violence and infidelity from the perspective of positive law and Islamic family law, experienced by one family in Aceh. The problem of gender inequality has been going on for a long time. Gender inequality is still a concern in developed and developing countries around the world, and this contributes to the increasing practice of discrimination against vulnerable groups, especially women. Indonesia's patriarchal culture was brought from the colonial state. Therefore, women often experience discrimination in society in various ways. Research files (field approach) from Cot Matahe, Syamtalira Bayu District, North Aceh Regency, were used to collect data in this paper using qualitative research methodology. This study focuses on the perspective Through the conflict perspective of the multidimensional approach used to review this issue, it can be concluded that patriarchal culture is one of the major factors in the many discriminatory treatments against women to date, which are mostly dominated by men.
Copyright (c) 2025 Dedi Rismayadi, Alimuddin Alimuddin, Riza Afrian Mustaqim, Zulhilmi Bin Paidi, Zinah Younus (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Persetubuhan
In the legal system and child protection in Indonesia, legal protection efforts for children victims of sexual intercourse crimes are very important. The victim's child suffered such great physical, psychological, and social losses that it required a comprehensive and sustainable protection system. This paper examines the various forms of legal protection provided to child victims of sexual intercourse based on applicable laws and regulations and their application in the field. By examining Law Number 35 of 2014 concerning Child Protection, the Criminal Code (KUHP), and Law Number 17 of 2016 as the second amendment to the Child Protection Law which regulates criminal threats for perpetrators of sexual violence against minors, the author uses a normative juridical method. Various challenges, including weak law enforcement, lack of institutional coordination, and lack of victim recovery facilities, have led to legal protection for child victims not being fully ideal, according to the study. Although there has been a law in accordance with the rights of child victims, implementation in the field is still constrained by cultural and institutional barriers. Therefore, it is important to improve the capabilities of law enforcement officials, encourage institutional synergy, and adopt trauma-based healing strategies in the justice system. Effective legal protection guarantees the recovery and future of the victim's child in a holistic and dignified manner, not only by punishing the perpetrator but also by.
Copyright (c) 2025 Hendrawan Hendrawan, Wahyudi Wahyudi, Husain Husain (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reform and Codification of Islamic Family Law in Turkey: From The Ottoman Law of Family Rights to the Turkish Civil Code of 1926
The reform of Islamic family law is a strategic issue in response to social, cultural, and legal justice changes in Muslim countries. Turkey became one of the most prominent examples of radical reforms to its family law through the transition from the fiqh system of the Hanafi school of fiqh and The Ottoman Law of Family Rights (1917) to the Turkish Civil Code (1926) which adopted the Swiss Civil Code and affirmed the separation between religion and state. This study aims to analyze the process of reform and codification of Islamic family law in Turkey and its implications for the structure and substance of family law. The research method used is qualitative descriptive with a literature review approach to books, scientific articles, and relevant laws and regulations. The results show that family law reform in Turkey has led to fundamental changes, including the prohibition of polygamy, the equality of the rights of men and women in divorce and inheritance, and the strengthening of legal protection for women and children within the framework of secular civil law. These findings show that the reform of family law in Turkey is a form of adaptation of Islamic law to the modern state system without completely negating Islamic moral values. Based on these results, this study recommends that Muslim countries that carry out family law reforms consider a contextual and gradual approach, while maintaining a balance between the principles of justice, protection of human rights, and Islamic values that live in society.
Copyright (c) 2025 Zikry Rahmatillah, Ziyad Alrawasdeh, Rahmat Tarmizi, Aulil Amri, Noor Fadillah Hayatusyifa, Firli Jundy Liza, Nur Lizawati (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Islamic Family Law in Tunisia: Reforms, Characteristics, and Challenges
Tunisia is a country in North Africa with a Muslim majority population that underwent significant reforms in family law after independence in 1956 through the passage of the Code du Statute Personnel (CSP). The reform is known to be progressive because it promotes gender equality and the protection of women's rights, while remaining grounded in Islamic values. Previous studies have focused more on normative aspects or described Tunisia as a model for family law reform in the Islamic world, but there is still limited research that explores the characteristics of this reform in a socio-political context, especially after the 2011 Revolution. This study uses a literature review method with a descriptive-qualitative approach to analyze regulations related to marriage, divorce, marital rights and obligations, and inheritance in Tunisian family law. The results of the study show that the reform of family law in Tunisia is marked by a balance between the principles of modernity and religious tradition, which is reflected in egalitarian policies towards women and restrictions on discriminatory practices in the family. These findings affirm Tunisia's position as a pioneer of Islamic family law reform with a distinctive model, while revealing the dynamics and challenges that arose in its implementation after the 2011 Revolution. This research provides an academic contribution in the form of a critical analysis of the Tunisian experience which can be an important reference for the development of Islamic family law in other Muslim countries.
Copyright (c) 2025 Mala Hayati, Rahma Zulkhairi Yati, Aulil Amri, Putri Azizah, Henri Bimawan, Inayatul Fitri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Eksplorasi Komprehensif Hukum Keluarga Islam di Indonesia: Sejarah, Prinsip, dan Praktik Kontemporer
This paper aims to comprehensively examine Islamic Family Law in Indonesia, focusing on its historical development, legal sources, and core components such as marriage, inheritance, divorce, wills, adoption, and gifts. The method used is a literature review of Islamic legal texts and national regulations, particularly the Compilation of Islamic Law (KHI) and the Marriage Law. The results show that Islamic Family Law in Indonesia has significantly evolved, especially since the enactment of Law No. 1 of 1974 and the implementation of KHI through Presidential Instruction No. 1 of 1991. Nevertheless, challenges remain in terms of implementation, public understanding, and criticism of certain provisions perceived as gender- biased. Ongoing reform and contextualization are needed to ensure Islamic family law delivers more equitable justice in Indonesia’s pluralistic society.
Copyright (c) 2025 Aulil Amri, Fariqan Malhusna, Maryam Thahira, Nissa Azra Nabila, Nabila Miswar, Saniah Amatillah, Ibrahim Adeyemi Adewumi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Comparison of Islamic Family Law in Malaysia and Indonesia
Islamic family law in Malaysia and Indonesia has the same sharia basis but differs in its application due to the influence of the legal system, culture, and state policies. This comparison is important to understand the variation of regulations and their implications for Muslim communities in both countries. This study aims to analyze the similarities and differences of Islamic family law in Malaysia and Indonesia, especially in the aspects of marriage, polygamy, and inheritance, and to examine the effectiveness of its implementation. This study uses a normative juridical method with a comparative approach. Primary data sources include the Enakmen of the Melaka State Law Number 12 of 2002, the Selangor State Law Draft, the Islamic Family Law Enakmen Number 17 of 2003 (Malaysia), and Law Number 1 of 1974, Law Number 16 of 2019, and the Compilation of Islamic Law (Indonesia). Data collection techniques were carried out through library research, with data analysis using descriptive analysis and content analysis of applicable legal provisions. Research shows that although Malaysia and Indonesia are both based on sharia, Malaysia tends to be more structured in regulating polygamy and inheritance, while Indonesia is more flexible by considering customary law. Differences are also seen in the authority of the judicial institution, where Malaysia has autonomous Sharia Courts per state, while Indonesia implements a centralized system through the Religious Courts.
Copyright (c) 2025 Ade Khoirunnisa, Retno Arimbi Dewi, Fatya Zahra Siahaan, Siti Samra, Aulil Amri (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Pembatalan Perkawinan dalam Sistem Hukum Indonesia: Analisis Regulasi, Faktor Penyebab, dan Dampaknya
Marriage annulment is a legal measure taken to declare a marriage invalid and considered never to have occurred. In Indonesia, marriage annulment is regulated under Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). This study aims to analyze the factors leading to marriage annulment, the applicable legal procedures, and its impact on the parties involved, including the husband, wife, children, and shared assets. Based on legal analysis and case studies, the main causes of marriage annulment include improper marriage guardianship, violations of marriage procedures, and polygamous marriages conducted without the consent of the first wife and without court approval. Court rulings on marriage annulments have far-reaching legal implications, including the nullification of marital status, legal protection for children, and the division of shared assets. This study concludes that although regulations regarding marriage annulment are clearly defined, challenges remain in their implementation, particularly in law enforcement and public awareness of legal marriage requirements. Therefore, strengthening regulations, enhancing judicial oversight, and increasing legal education for the public are necessary to ensure that all marriages comply with the prevailing legal provisions.
Copyright (c) 2025 Yerry Andro Foza, Enang Suyatna , suhibbullah suhibbullah, Rizal Tahsin , Azwar Hanas (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Penyelesaian Hak Asuh Anak Pasca Perceraian Di Luar Pengadilan
This research examines the settlement of child custody after divorce outside the court with a focus on child custody disputes in Gampong Dayah Mon Ara, Kembang Tanjong District, Pidie Regency, the purpose of the research is to find out how the practice of resolving custody rights is carried out and how it is in accordance with Islamic law and laws and regulations. This research uses field research methods and empirical normative approaches, observation and interviews become primary data sources while articles, theses, theses and dissertations that have been researched by previous authors become secondary data sources. The results of this study indicate that the local community prefers to resolve disputes through deliberation with local traditional leaders, without going through the court process because the community believes that customary institutions are able to resolve their cases rather than having to go to court at a relatively more expensive and long time, in the case studied by the author the custody of minors falls to the father because it is considered more feasible in terms of emotional, economic, and social support, this customary settlement reflects the synergy between customary norms, Islamic law and the principle of the best interests of the child.
Copyright (c) 2025 Amesya Amani Fatiha Muniruddin, Fakhrurrazi M. Yunus, Boihaqi Bin Adnan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0