Syakhshiyyah Jurnal Hukum Keluarga Islam
Syakhshiyyah Journal of Islamic Family Law is a periodical scientific journal intended as a publication medium for the academic work of researchers, both academics (students, lecturers), practitioners (judges, clerks, lawyers, etc.), and writers in the field of Islamic Family Law. Published regularly, every June, for the January-June edition, and December, for the July-December edition.
Perlindungan Hukum Bagi Perempuan dan Anak di Negara-Negara Muslim Modern Perspektif Mubadalah
Abstract: The issue of legal protection for women and children remains a crucial concern in many Muslim countries, particularly regarding gender inequality, domestic violence, and limited access to justice. Although Islam upholds the principles of justice and respect for human dignity, its implementation is often influenced by patriarchal culture and legal systems that have yet to fully protect vulnerable groups. Based on this background, this study aims to analyze the forms and implementation of legal protection for women and children in Saudi Arabia, Egypt, and Indonesia through the mubadalah (reciprocity) perspective. This research is a qualitative library study using normative and comparative approaches, drawing on Islamic legal sources, national legislation, and relevant academic literature. The results indicate that Saudi Arabia remains oriented toward classical fiqh but is beginning to transform through legal reform; Egypt has progressively codified family law; while Indonesia integrates Islamic justice principles with national law through comprehensive regulations protecting women and children. From the mubadalah perspective, all three countries demonstrate efforts toward more equal and just legal relations, affirming that true legal protection must be grounded in reciprocity, humanity, and gender justice. Keywords: Protection, Women and Children, Muslim Countries, Mubadalah
Copyright (c) 2025 Fathul Mu'in, Gandhi Liyorba Indra, Relit Nur Edi, Rudi Santoso, Diah Mukminatul Hasimi https://creativecommons.org/licenses/by-sa/4.0
Perlindungan Anak dalam Pernikahan di Bawah Umur: Studi Komparatif Indonesia, Mesir, dan Fikih Kontemporer
Abstract: The phenomenon of child marriage remains a serious issue in both Indonesia and Egypt due to its adverse impacts on children’s health, psychological well-being, and social development. This study aims to analyze child protection in early marriage through a comparative examination of Indonesian positive law, Egyptian family law, and contemporary fiqh perspectives. Using a normative-comparative method, the research examines legal and fiqh literature to identify common ground in child protection frameworks. The findings indicate that Indonesia has set a minimum marriage age of 19 through the revision of Marriage Law No. 16 of 2019, while Egypt establishes a minimum age of 18 under Law No. 126 of 2008. However, both countries face similar challenges: the effectiveness of regulations is weakened by the high number of marriage dispensation applications in Indonesia and by unregistered marriages (‘urfi) and strong cultural factors in Egypt. From a fiqh perspective, there is a shift from classical views emphasizing biological maturity (bulūgh) toward contemporary approaches that stress intellectual and psychological maturity (rushd) and the principles of maqāṣid al-sharī‘ah to prevent harm. This study concludes that effective child protection requires harmonization between stricter legal dispensation mechanisms and progressive contemporary fiqh values. Effective protection depends not only on formal regulation but also on strengthening public awareness to reject child marriage for the sake of broader social welfare. Keywords: child protection, child marriage, Indonesian law, Egyptian law, contemporary fiqh.
Copyright (c) 2026 safrida ramadhania, Ahmad Izzudin, Ahmad antoni Hidayat https://creativecommons.org/licenses/by-sa/4.0
Rekonsepsi Amicable Divorce (Cerai-Damai) Berbasis Paradigma Mubadalah: Upaya Mewujudkan Keadilan Gender dalam Hukum Perceraian Indonesia
Abstract: This research stems from the concern over the persistent gender bias in the construction of divorce law in Indonesia, as stipulated in Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). The legal norms that position the husband as the primary holder of the right to divorce (talak) and the wife as the passive party reflect relational inequality, which leads to social and legal injustice. Through a normative juridical approach with the mubadalah paradigm which emphasizes the principles of reciprocity and relational justice this study seeks to reconceptualize divorce law toward a gender-just model of amicable divorce. The findings reveal that the mubadalah paradigm can serve as an ethical and theoretical foundation for shifting the orientation of divorce law from a power-based relationship to one of mutuality, where divorce is understood as a joint process aimed at preserving the well-being and dignity of both parties. This study recommends reforming Islamic family law through amendments to the Marriage Law and the KHI, strengthening equality-based mediation institutions, and enhancing institutional capacity and public education from a gender perspective. Thus, amicable divorce based on mubadalah becomes not only a conceptual proposal but also a practical strategy toward a more just, humanistic, and compassionate Islamic family law in line with the spirit of rahmatan lil ‘alamin. Keywords: Amicable Divorce, Mubadalah, Gender Justice, Islamic Family Law, Divorce Law.
Copyright (c) 2025 Ibnu Akbar Maliki, Qeis Aimar https://creativecommons.org/licenses/by-sa/4.0
Analisis Hukum Islam Terhadap Status Nasab Anak Akibat Married By Accident Dalam Film Dua Garis Biru
Abtrack: This study aims to analyze Islamic law's perspective on the phenomenon of marriage by accident, as highlighted in the film "Dua Garis Biru," specifically regarding the child's lineage status and its impact. The method used is library research with a qualitative approach. The results of the study indicate that marriage resulting from an out-of-wedlock pregnancy raises complex issues in determining the child's lineage. In Islamic law, lineage is very important because it is related to children's civil rights such as inheritance, guardianship, and maintenance. The majority of Islamic scholars believe that children born from an out-of-wedlock relationship do not have lineage with the biological father unless the marriage took place before the pregnancy or the child was born at least six months after the marriage contract. In the film "Dua Garis Biru," the couple Dara and Bima married after Dara learned she was pregnant, but the gestational age before the marriage did not meet the minimum requirements for determining paternity. This indicates the unclear status of the child's lineage from an Islamic sharia perspective. This study emphasizes the importance of a deep understanding of Islamic law in dealing with cases of marriage by accident, so that children's rights remain protected even though positive law in Indonesia, through the Compilation of Islamic Law, permits the marriage of pregnant women without waiting for birth. Keywords: Lineage, Married By Accident, Islamic Law, Two Blue Lines, Illegitimate Children
Copyright (c) 2026 Hayatun Nufus, Musyaffa Shabah, Suprihatin, Agus Supriyanto https://creativecommons.org/licenses/by-sa/4.0
Peranan Pengadilan Agama Dalam Penyelesaian Sengketa Perdata Islam: Analisis Putusan Kontemporer
Abstract: Religious Courts have a strategic role in resolving Islamic civil disputes in Indonesia, especially in family, inheritance, and sharia economic cases. This article analyzes the role of Religious Courts through contemporary decisions that show adaptation to legal developments and social dynamics. In divorce disputes, the latest decisions consider aspects of gender justice and child protection. In inheritance cases, several decisions provide more flexible interpretations for the sake of social justice. Meanwhile, in sharia economic disputes, Religious Courts increasingly consider the principle of contractual justice. The results of the analysis show that Religious Courts not only play a role as enforcers of Islamic law, but also as institutions that adjust decisions to developments in society. Keywords: Religious Courts, Islamic Civil Disputes, Islamic Family Law.
Copyright (c) 2026 Rihana Hidayanti, Freska Salsabila, Riezka Nurhidayati, Asrizal https://creativecommons.org/licenses/by-sa/4.0
Krisis Kesiapan Nikah Gen Z Dalam Narasi “Marriage Is Scary”: Relevansi Hukum Keluarga Islam Di Era Digital
The growing Marriage is Scary phenomenon among Generation Z reflects a paradigm shift in perceptions of marriage—from a symbol of maturity to a source of emotional anxiety, uncertainty about the future, and economic burden. This study analyzes the marriage readiness of Gen Z from the perspective of Islamic law by examining Articles 15–17 of the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) as a normative foundation. Employing a qualitative juridical-normative method with a critical-narrative analysis approach, the study draws on legal texts, academic literature, and secondary sources such as media articles, survey reports, and digital content that illustrate Gen Z’s socio-cultural dynamics. The findings reveal a gap between the normative expectations of marriage readiness in the KHI and the actual sociocultural realities faced by Gen Z, particularly in terms of psychosocial readiness and power relations within marriage. The novelty of this study lies in its integration of Islamic family law with the contemporary phenomenon of digital culture—an intersection that remains underexplored in academic discourse. However, the study is limited by the absence of primary field data such as interviews or direct observation, which constrains a deeper understanding of Gen Z’s personal experiences. Nevertheless, this research contributes to the discourse on reforming Islamic family law to be more responsive and adaptive to the evolving values of the younger generation.
Copyright (c) 2025 Farhan Lutfi https://creativecommons.org/licenses/by-sa/4.0
Tinjauan Qira'ah Mubadalah Faqihuddin Abdul Kodir Dan Maqashid Syariah Dalam Pemenuhan Hak Anak Pasca Perceraian
Abstract: This study aims to examine the practice of fulfilling children's rights after divorce in Kerandon Village, Talun District, Cirebon Regency, through the perspectives of Qira’ah Mubadalah by Faqihuddin Abdul Kodir and Maqashid Sharia. The research focuses on three main questions: (1) how children's rights are fulfilled at the local level following a divorce, (2) how the values of reciprocity (mubadalah) are applied in post-divorce parental relationships, and (3) how the principles of maqashid sharia are reflected in the fulfillment of children’s rights. This study uses a descriptive qualitative method with a normative-sociological approach. Data were collected through interviews with five divorced families with children, as well as through observation and document study. Data analysis follows the Miles and Huberman model, including data reduction, data display, and conclusion drawing. The findings indicate that the fulfillment of children's rights after divorce is significantly influenced by social, economic, and relational factors between the parents. In some cases, the principles of Qira’ah Mubadalah, such as mutual consultation (musyawarah) and consent (taradhin), are internalized through productive and collaborative communication between parents. However, there are also instances where the failure to fulfill children’s rights stems from broken communication and the negligence of one parent. From the maqashid sharia perspective, some families continue to uphold the principles of protecting religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), lineage (hifz al-nasl), and wealth (hifz al-mal) of the child, albeit under limitations. This study highlights the importance of a reciprocity-based and maqashid-oriented approach in designing post-divorce child protection policies and practices. Keywords: Qira’ah Mubadalah, Maqashid Sharia, Children's Rights, Divorce
Copyright (c) 2026 Dede Al Mustaqim, Nazula Alfirahmah https://creativecommons.org/licenses/by-sa/4.0
Husband-Wife Relations in Polyandry Households: Empirical Study of Polyandry in Plosorejo Village, Kismantoro District Wonogiri
Abstract: This research discusses the practice of polyandrous marriage. The research location is in Pager Gunung Hamlet, which is part of Plosorejo Village, Kismantoro District, Wonogiri Regency, highlighting the factors behind the occurrence of polyandry and its legal implications. Polyandry is a marriage system that is not permitted in Islamic law or positive law in Indonesia. This prohibition has been regulated in the Compilation of Islamic Law (KHI) and is contained in Law Number 1 of 1974 concerning Marriage. This research uses empirical methods with a qualitative approach, where data is obtained through interviews with polyandry practitioners, community figures, as well as analysis of related documents. The research results show that the main factors causing polyandry in this region are economic limitations, lack of understanding of religion, and social conditions that are permissive towards this practice. The case studied showed that a woman maintained relationships with two husbands for financial and health reasons, despite warnings from the local community. The legal implications of this practice include the unclear legal status of children born, the invalidity of marriages according to state law, and the negative impact on gender relations in the household. This research confirms that polyandry is contrary to religious and legal norms in Indonesia and has the potential to cause legal and social uncertainty. Therefore, an active role is needed from the village government and religious leaders in providing understanding to the community regarding marriage laws in order to prevent similar practices from occurring in the future. Keywords: Polyandry, marriage law, gender relations, legal implications, economic factors .
Copyright (c) 2026 Afthon Yazid, Diana Zuhroh, Na’im Jayus Romadlonna https://creativecommons.org/licenses/by-sa/4.0
Tinjauan Yuridis terhadap Implementasi Nafkah dan Kebijakan Poligami dalam Hukum Keluarga Islam: Studi Perbandingan Indonesia dan Thailand
This study provides a juridical analysis of financial support obligations and polygamy policies in Indonesia and Thailand. In Islamic law, providing financial support (nafkah) is a fundamental obligation of the husband toward his wife and children, as prescribed in the Qur’an and Hadith. While both countries recognize Islamic legal principles, they apply distinct legal frameworks in implementing rules on financial support and regulating polygamy. In Indonesia, marriage is governed by Law No. 1 of 1974 and the Compilation of Islamic Law, which imposes strict limitations on polygamy and clearly defines household financial responsibilities. In contrast, Muslim communities in southern Thailand have legal autonomy to apply Islamic family law, including provisions on marriage and financial obligations. This study adopts a normative juridical method and a comparative legal approach to assess the effectiveness of each legal system and its impact on women's rights within marriage. The findings reveal that, despite shared Islamic foundations, significant differences exist in the mechanisms for resolving disputes concerning financial support and polygamy. These differences are primarily shaped by the respective national legal structures and state-religion relations in each country.
Copyright (c) 2025 Nafiah Wachidlatul Jannah, Tubagus Farhan Maulana, Muhammad Ilham Barizi https://creativecommons.org/licenses/by-sa/4.0
Tinjauan Yuridis Kafaah dalam Perkawinan Antar Negara: Internalisasi dalam Ius Constituendum
This study aims to analyze the concept of kafaah in Islamic law and its relevance to the fundamental values of the Indonesian state within the context of positive law. The research highlights the challenges in implementing the principle of kafaah in transnational marriages, with comparative insights from several Islamic countries. A qualitative approach based on juridical-normative methods was employed to explore how kafaah can be internalized within the national legal system without disregarding the diversity of customs and cultural traditions in Indonesian society. The findings indicate that although kafaah is not explicitly regulated in Law No. 1 of 1974 on Marriage, the principle remains relevant as a guideline for fostering harmony within the family. In Indonesia, the application of kafaah can be aligned with the values of Pancasila, which uphold justice, equality, and tolerance. The study concludes that the internalization of kafaah into Indonesia's positive law requires a comprehensive approach encompassing philosophical, sociological, and juridical dimensions. This approach is expected to address contemporary needs and establish a legal system that supports family harmony in accordance with Islamic and Indonesian values.
Copyright (c) 2025 Rayhan Gunawan Sejahtera, Tubagus Farhan Maulana https://creativecommons.org/licenses/by-sa/4.0
Peranan Tokoh Adat Sebagai Mediator terhadap Pernikahan Adat Lampung dalam Perspektif Hukum Keluarga Islam
The traditional marriage customs of the Lampung community, particularly the sebambangan tradition, constitute an essential aspect of its socio-cultural structure. This study investigates the role of traditional leaders in resolving marital disputes within Lampung’s customary framework through mediation based on Islamic family law principles. Using a qualitative method, the research draws on in-depth interviews with traditional leaders in Gunung Haji Village, namely Mr. Dendi Sepriyadi, Mr. Ahmad Nasoha, and Mr. Sidik. The findings indicate that traditional leaders occupy a pivotal role in reconciling conflicts by integrating the values of customary law with the normative framework of Islamic family law. They serve as both implementers of local traditions and mediators who ensure alignment with Islamic teachings. Additionally, their involvement contributes to cultural continuity by providing education and moral guidance to the younger generation. This study concludes that the mediatory role of traditional leaders is instrumental in achieving justice and social harmony within traditional marriage systems, offering a model of legal pluralism that bridges Islamic norms with local wisdom.
Copyright (c) 2025 Nugara Adi Saputra https://creativecommons.org/licenses/by-sa/4.0
Perlindungan Hukum Terhadap Kesejahteraan Anak Dalam Kasus Perceraian Menurut Kitab Fathul Qarib
Child custody (hadhanah) is a crucial legal issue following divorce, directly impacting children's emotional stability and overall well-being. Islamic law affirms that parental responsibilities continue even after divorce, with hadhanah serving as a central consideration. This study explores the concept of hadhanah in Fathul Qarib al-Mujib by Shaykh Muhammad bin Qasim al-Ghazi, a key reference in the Shafi’i school of jurisprudence, and assesses its relevance to Indonesia’s legal system. Positioned within normative-juridical research, this study compares Islamic jurisprudence with Indonesia’s positive law, particularly the Compilation of Islamic Law (KHI) and Law No. 35 of 2014 on Child Protection. Utilizing qualitative methods through library research, the study finds that Fathul Qarib prioritizes the mother as the primary custodian of children below the age of discernment (mumayyiz), except where disqualifying factors are present. The findings reveal that while Indonesia’s legal framework is generally aligned with Islamic jurisprudence, implementation remains problematic—particularly in monitoring and enforcing custody arrangements post-divorce. This study contributes to the development of child protection policy in Indonesia’s religious courts by advocating for more structured legal mechanisms to safeguard children's rights after parental separation.
Copyright (c) 2025 Ahmad Misbakh Zainul Musthofa https://creativecommons.org/licenses/by-sa/4.0
Hubungan Hukum Keluarga Islam dengan Isu Hak Anak dan Pencatatan Perkawinan di Malaysia
This study investigates the interplay between Islamic family law, children's rights, and marriage registration in Malaysia. As a Muslim-majority country, Malaysia's Islamic family law—primarily based on the Shafi'i school—has developed under the dual influences of British colonial legacy and legal modernization. The research traces the historical evolution of Islamic family law, highlighting the roles of local customs, legal codification, and its integration with the Common Law system. Although marriage registration is legally required, the validity of marriage is determined by Islamic principles rather than state procedures. Children's rights, governed by the Child Act 2001, encompass issues of custody, maintenance, and protection from abuse. Institutions such as the Family Support Division play a pivotal role in enforcing court-ordered support for children and ex-wives. The findings reveal that despite ongoing reforms, tensions persist in aligning Islamic family law with Malaysia's broader legal framework. A balanced approach that harmonizes Islamic values with contemporary legal standards is essential for safeguarding children's rights and ensuring effective marriage governance, positioning Islamic family law as a dynamic and responsive legal instrument.
Copyright (c) 2025 Tubagus farhan Maulana https://creativecommons.org/licenses/by-sa/4.0
Dinamika Peran Ganda Ibu Single Parent di Era Modern dalam Perspektif William J. Goode
This study explores the dynamics of the dual roles of single mothers in the modern era, encompassing both income-earning responsibilities and independent child-rearing. Grounded in William J. Goode’s dual role theory, this research analyzes how single mothers navigate psychological pressures and complex role conflicts arising from limited resources and time constraints. Using a qualitative-descriptive-analytical research design with a literature review method, this study finds that single mothers often experience “role overload” and “role conflict,” which negatively impact their emotional well-being as well as the social and emotional development of their children. These conditions are further exacerbated by social stigma and the lack of institutional support, which hinder their access to better economic and social opportunities. The implications of these findings highlight the urgency of more inclusive social interventions and public policies, such as childcare subsidies, skills training, and access to mental health services, to support single mothers in effectively fulfilling their roles. Additionally, campaigns to reduce social stigma against single mothers are essential in fostering a more supportive environment for their families. This study contributes to a deeper understanding of the challenges faced by single mothers and offers practical recommendations for policymakers to enhance family well-being in modern society.
Copyright (c) 2025 Arif Sugitanata, Siti Aminah https://creativecommons.org/licenses/by-sa/4.0
Analisis Pemikiran Haidar Bagir Dalam Perspektif Hukum Keluarga Islam: Makna Sakinah Pernikahan
The concept of sakinah in Islamic family law is often narrowly understood as peace and tranquility in the household. However, Haidar Bagir offers a more comprehensive interpretation of sakinah, emphasizing justice, equality, and respect for individual rights within the family. Therefore, this study aims to analyze Bagir’s thoughts on sakinah within the framework of contemporary Islamic family law, using a hermeneutic and contextual approach. This method prioritizes dialogue between classical texts and socio-historical contexts to find legal solutions that are relevant to modern dynamics. Furthermore, the research shows that Bagir’s ideas address gender inequality, advocate for equal rights and responsibilities between spouses, and promote respect for women and children's rights. In addition, his hermeneutic approach allows for a more responsive interpretation of Islamic law to accommodate social and cultural developments. As a result, Bagir's thought significantly contributes to deconstructing conservative paradigms in Islamic family law and introduces a more inclusive and just concept of family.
Copyright (c) 2025 Apriansyah, Farah Batrisyia Binti Mohd Ridzwan , Pramudya Wisesha https://creativecommons.org/licenses/by-sa/4.0
Pelaksanaan Kursus Pra Nikah Calon Pengantin Dalam Menggapai Keluarga Sakinah, Mawaddah Wa Rahmah Perspektif Pendidikan Agama Islam
Abstract: The purpose of this study is to examine in depth the implementation of premarital courses for prospective brides and grooms in achieving a sakinah, mawaddah wa rahmah family from the perspective of Islamic religious education. This research is a qualitative library study that uses books and other literature as the main objects analyzed through a descriptive-analytical approach. The results of the discussion reveal that there are several values of Islamic religious education in the premarital course for prospective brides and grooms, including i’tiqadiyah (faith-based values), ubudiyah (worship-related values), and khuluqiyah (moral values). These three values can be well understood by the prospective couples if supported by factors such as equality, deliberation, and awareness of each partner’s needs. Keywords: Course. Bride and Groom. Islamic Religious Education.
Copyright (c) 2026 Ida Damayanti, Sukhoiri https://creativecommons.org/licenses/by-sa/4.0
Examining the Impact of Sharia Law on Apprenticeship Schemes and Child Rights in Northern Nigeria
This study examines the intersection of Sharia law, apprenticeship schemes, and child rights in Northern Nigeria, a region predominantly Muslim. Apprenticeship schemes are a vital means of economic empowerment and skill acquisition in areas marked by poverty. However, while these programs foster wealth creation, they also raise significant legal concerns regarding child labor, exploitation, and neglect. This research explores how Islamic education supports apprenticeship systems, while also addressing the legal and socio-cultural challenges related to child protection. Given the widespread reliance on apprenticeships in the region, the study is urgently needed to identify how current practices may undermine children's rights and to propose reforms. Drawing on existing literature and fieldwork, the study analyzes the tension between traditional practices and the growing demand for stronger protections for vulnerable children in Northern Nigeria. The paper contributes to the ongoing discourse by offering specific policy recommendations and strategies for community engagement, aimed at creating more sustainable and child-friendly apprenticeship systems.
Copyright (c) 2024 Ngboawaji Daniel Nte, Arifin Ridwan, Joda Adekunbi Omolara https://creativecommons.org/licenses/by-sa/4.0
Paradigma Mubadalah sebagai Solusi Relasi Keluarga dalam Menghadapi Tantangan Pemilihan Umum Tahun 2024
The Mubadalah paradigm emphasizes equality, justice, reciprocity, and cooperation between husband and wife in family relationships. It holds significant potential to address various social-political issues, including the challenges faced in the 2024 elections. This study aims to explore how the application of the Mubadalah paradigm in family life can contribute positively in facing the dynamics and complexities that emerge during the election process. This research uses a library research method, which involves activities related to data collection from library materials, reading, noting, and processing relevant books, research, and journals without requiring field research. Data collection was carried out through documentation, and for data analysis, content analysis was used. The results of the study show that Mubadalah, which prioritizes equality and mutual respect, can help create constructive dialogue between family members with differing political views. By applying the principles of Mubadalah, families can maintain harmony, overcome differences, and build resilience in facing political challenges without sacrificing family integrity.
Copyright (c) 2024 Sri Furyani, Arif Suhaimi, M Munif Jazuli https://creativecommons.org/licenses/by-sa/4.0
Workaholism as a Trigger for Marital Conflict: Psychological and Legal Perspectives
Workaholism is a phenomenon that is increasingly prevalent in modern society. While working is a positive activity, excessive focus on work can trigger an imbalance between professional and personal life. In the context of marriage, this imbalance can lead to conflicts, relationship breakdowns, and even divorce. A concrete example of the impact of workaholism on family life can be found in the Bantul Religious Court Decision No. 840/Pdt.G/2022/PA.Btl. In this case, workaholism was cited by the plaintiff as the reason for filing for divorce in court. This study employs a library research method with descriptive-analytical analysis of the court ruling as the object of research. The purpose is to explore the psychological and legal impacts of workaholism from a psychological perspective using the work-family conflict theory and the theory of spouses of workaholics. Additionally, the maslahah mursalah approach is used to assess whether workaholism as a social phenomenon brings benefits or harms. The findings of this study reveal that workaholism can trigger disputes between married couples, leading to divorce. From the perspective of maslahah mursalah, workaholism provides benefits, such as fulfilling the family’s economic needs and achieving career goals. Moreover, there is also harm, such as being a trigger for conflicts within the household.
Copyright (c) 2024 Nurul Firdaus, Bustanul Arifien Rusydi, M.H. https://creativecommons.org/licenses/by-sa/4.0
Dampak Poligami Terhadap Pemenuhan Hak Istri Perspektif Keadilan Hakiki
The practice of polygamy has become a topic of interest in social, cultural and religious discussions in various parts of the world. In this context, the role of wives' rights and ultimate justice is an important focus. This aims to explore a deeper understanding of how polygamy affects wives' rights and how true justice can be realized in this context. Through a qualitative approach involving in-depth interviews with women and polygamists living in polygamous households and analysis of relevant legal texts, this research reveals a variety of experiences and perspectives related to polygamy. The research results show that the reality of polygamy can vary greatly, depending on factors such as cultural context, religion, and interpersonal dynamics within the family. Factors such as legal policies, social support, and religious understanding play a key role in determining the level of intrinsic justice felt by wives in polygamy.Regarding polygamy, wife's rights, and ultimate justice in this thesis not only provides deeper insight into the complex reality of this practice, but also raises important questions about how society and legal institutions can fight for the rights of women involved in polygamy. The practical implications of this research include the need for a more holistic and culturally sensitive approach in formulating policies and social interventions to support the welfare of wives in the context of polygamy in order to create the fairest possible justice for polygamous wives.
Copyright (c) 2025 Sinta Nopriana, Nyimas Lidya Putri Pertiwi, Firmansyah https://creativecommons.org/licenses/by-sa/4.0
Exploring The Phenomenon and Risks of Female Online Motorcycle Taxi Drivers in Metro Lampung From a Maslahah Perspective
Technological advances have become one of the alternatives for various companies engaged in transportation. In Indonesia itself there are many in this field, at least 2 online motorcycle taxi transportation companies that have grown rapidly, namely Grab and Gojek. Including in Metro City, we often encounter many online motorcycle taxis, in addition to making it easier for the community to also open up jobs as drivers. This profession is not only cultivated by men but also women. However, each job certainly has its own risks, including in online motorcycle taxis. Therefore, researchers are interested in examining how the phenomenon and risks of female online ojek drivers in Metro Lampung in the perspective of maslahah. This study aims to explain the maslahah study of the phenomenon and risks of female online motorcycle taxi drivers in Metro City. This research is a field research (field reserch) and is descriptive analytic. Using a normative-empirical approach, data collection uses methods; observation, interviews with 3 informants, and documentation. The results showed that more to Maslahah Dhurariyyah, because apart from the risks of course the work of women drivers has a role to help the family, meet economic needs, make independent not dependent on husbands, then female consumers who want to use their services. The risks of women online motorcycle taxi workers are; attempted harassment, illness due to overworking the body in unhealthy conditions, getting fictitious orders and being more careful in getting orders and the risk of accidents can be more careful and vigilant. Women workers are more able to manage time with family, in Islam wives are required to carry out their obligations, not neglecting their obligations to their husbands and children as wives, even though they work to help support the family economy.
Maslahah, Online Ojek, and Risks of Women Workers.
Copyright (c) 2024 Syakhshiyyah Jurnal Hukum Keluarga Islam
Jaminan Pelaksanaan Eksekusi Putusan Anak
A problem that arises in practice in the Indonesian justice system is that many alimony decisions in the Religious Courts are not carried out (or in procedural law terms "executed") voluntarily by the ex-husband, either in part or in whole. Conditions like this surely have the logical consequence that the court decision must be carried out/executed by legal force. One of the latest forms of forced execution practices regarding this issue is the deduction of men's wages from their place of work. The aim of this research is to analyze the implementation of the garnishment system of salaries and/or allowances for child support decisions in the Religious Courts? This type of research is normative research using statutory and conceptual approach. The legal materials used in this research consist of all legal sources that have permanent legal force, and secondary legal materials in the form of journals, books and related scientific works. The results of this research conclude that although there are several statutory provisions that regulate salary deductions for post-divorce support, such as the provisions that apply to civil servants, there are still several other practical challenges, for example in the case of ex-husbands not belonging to the civil servant group like employees in BUMN or even in private company employees.
Court Order; Child Support; Divorce; Wage Garnishment.
Analisis Putusan Sela Perkara Mediasi Berhasil Harta Bersama (Studi Kasus Perkara No. 1471/Pdt.G/2019/PA.Sdn)
Interlocutory decisions are sacred in cases. Interlocutory decisions have various characteristics if they are to be issued, and the judge in resolving the case depends on the type and need for the case to use an interim decision or not. In joint property cases, of course, it is mandatory to carry out a local inspection and before carrying out a local inspection, the judge is obliged to issue an interim decision to carry out the local inspection. However, in the case of the Sukadana Religious Court which registered a unique case number, why is it unique because before the interim decision was issued there had been peaceful and successful efforts. And it is interesting to examine why when mediation is successful the case is continued and an interim decision is issued and the local examination continues. The research method uses normative juridical methods with a qualitative approach. The results of the deliberative research carried out, even if the mediation is successful to confirm whether joint assets exist or not, must still carry out a local inspection and the decision between the local inspections will still be read out.
Copyright (c) 2024 Moelki Fahmi Ardliansyah, Istinganatul Khumaida , M. Arif Rahman Hakim, Fadhilah Nasrudin, Intan https://creativecommons.org/licenses/by-sa/4.0
Mengungkap Tradisi: Sistem Peralihan Harta Warisan di Kecamatan Kampar Utara
This study looks on the North Kampar District's customary law pertaining to the system of property transfer based on maternal descent. This kind of qualitative study seeks to explain the occurrences that take place. There are several strategies available to accomplish this aim. This approach typically makes use of pre-existing records, interviews, and observation. As a result, this study is empirical. Because the transfer of inherited assets in North Kampar District follows customs that have been handed down from the female or maternal lineage from generation to generation, the research's findings demonstrate that women are better suited to safeguard and take care of inherited assets. The assets acquired in this instance are known as soko assets, which include land, traditional homes, or gadang, and other kinds of assets.
Menggagas Pertimbangan Childfree: Pendekatan Multidisiplin dan Interdisiplin
This research aims to explore childfree considerations from various perspectives involving ecology, macroeconomics and Islamic law. Therefore, a question arises, how is the consideration of childfree from the integration of various disciplines? The framework of the approach used is multidisciplinary and interdisciplinary, so that these disciplines are integrated and connected in the idea of childfree benefits. This research uses library research with a multidisciplinary and interdisciplinary approach. The results showed that ecological considerations regarding childfree revolve around the number of populations that affect the contribution of carbon emission gases. As for the country's economy, it considers the number of populations that affect macroeconomic stability. Islamic law in this context is contextual because childfree considerations are not normative. Such a multidisciplinary approach can be integrated into interdisciplinary. Contextual benefit-based Islamic law uses hifdz an-nafs to see the benefits of childfree in ecology. In addition, hifdz al-mal is used to look at macroeconomic considerations in this context. The ecology and economy of the country integrate with each other to form a balanced and more maslahah consideration between the two. This research contributes to considering the benefits of childfree comprehensively.
Benefits, Childfree, Interdisciplinary, Multidisciplinary
Menelaah Konsep Menggilir Istri pada Poligami dalam Kitab Fathul Qorib
Penelitian ini bertujuan untuk mengetahui hukum poligami dan tujuan menggilir istri pada poligami dalam kitab Fathul Qorib Penelitian ini menggunakan metode studi kepustakaan (library research) dengan mencari sumber-sumber literatur seperti buku, artikel ilmiah dan referensi keilmuan yang relevan dengan penelitian ini. Hasil penelitian ini untuk hukum poligami itu diperbolehkan dengan syarat adil dan mampu dalam hal memberikan nafkah. Konsep menggilir pada poligami dalam kitab Fathul Qorib yakni adil dalam menggilir istri, tidak boleh melanggar giliran, ketika hendak bepergian dan pengantin baru.
Islam dan Isu Gender: Kesehatan Reproduksi Perempuan dalam Relasi Pernikahan
Women's reproductive health has become a global conversation, especially in relation to the topic of early marriage. The topic of women's reproductive health is not only concerned with the cases that have occurred, but also the problems that cause many issues related to women's reproductive health to still occur. This research aims to elaborate the gender perspective with existing Islamic knowledge to achieve an understanding of women's reproductive health in a good marriage relationship and in accordance with Islamic law. This research is a library research (Library Reseach) by using references to Al-Qur'an verses, tafsir, books and articles relevant to the research. The data collected will be analyzed using qualitative methods. The approaches used in this research are normative and gender approaches. The result of this research is that the protection of women's reproductive health is something that must be pursued to realize family resilience and reduce the number of women exposed to risks from the reproductive process, such as maternal mortality and childbirth. In addition, maintaining women's reproductive health is included in the efforts of hifz nafs and hifz nasl in maqashid sharia.
Wajah Hukum “Bermuka Dua” dalam Regulasi Usia Perkawinan di Indonesia
The legal age of marriage in Indonesia has become a compelling issue and has been extensively studied by scholars. Although the national law stipulates that the legal age of marriage must be 19 years for both males and females, inpractice, some loopholes can be exploited, specifically through marriage dispensation. This article aims to elucidate the disparity between "law in the book" and "law in action." Using a literature review with a normative approach and employing Herbert Lionel Adolphus Hart's theory of legal expression as an analytical framework, this study finds that significant reforms have occurred in Indonesia's marriage law, as promulgated through Law No. 16 of 2019, whichraised the minimum legal age of marriage to 19 years for both males and females. This reform aims to reduce cases of early marriage, support gender equality, and improve the quality of life in line with international human rights standards. It is dubbed the "Front-Faced Law." On the other hand, Indonesia maintains flexibility in its legal system by allowing marriage dispensations, which provide exceptions to this rule under certain circumstances, referred to as the "Back-Faced Law." Itcreates a duality or "Two-Faced" nature in the legal system, reflecting a legal expression that balances the desire for progressive reform with the recognition of the need for fair and flexible policies in addressing the complexities of social realities.
Mengeksplorasi Dampak Kekerasan dalam Rumah Tangga dan Pemerkosaan dalam Perkawinan di Indonesia
Domestic violence (DV) and marital rape are severe issues of ongoing concern in Indonesia. Domestic violence is defined as violence perpetrated by an individual who lives with the victim, while marital rape is an act of forced sexual intercourse by a husband against his wife without her consent. This research aims to explore the impact of domestic violence and marital rape on family integrity in Indonesia. The analysis was conducted through an in-depth literature review and case analysis between 2020 and 2023. The results show that factors such as patriarchal culture, power inequality in the household, lack of proper religious understanding, and socio-economic pressure are the leading causes of this violence. The impacts include physical and psychological harm to victims, the breakdown of family relationships, and a reduced quality of life in the community. This research emphasizes the importance of public education, legal reform, support for victims, and the active role of communities and religious institutions in preventing and addressing domestic violence and marital rape. With a holistic approach, it is hoped that domestic violence can be minimized to create a sakinah, mawaddah, and warahmah family.
Domestic violence; Marital Rape; Sakinah Mawaddah Warahmah.
Telaah terhadap Status dan Kedudukan Perempuan dalam Islam Perspektif Mubadalah
The testimony of women is the focus, with scholars holding diverse views regarding the eligibility of women as witnesses. In some contexts, such as muamalah, women are allowed to testify, while in fiqh jinayah, their testimony is strictly prohibited. It is essential to interpret Quranic verses using a broader and more comprehensive approach, connecting them to the conditions of women during the time of the Quran’s revelation. QS Al-Baqarah (2): 282 should be seen as progress, as it acknowledges the role of women as witnesses, a recognition that was previously absent during the Jahiliyyah period. This verse affirms the status of women as autonomous legal subjects, reflecting humanitarian values. The interpretation of this verse should be contextual, not merely literal, and adapted to the changing times based on the mubadalah perspective. This study employs a qualitative descriptive method and literature review techniques to collect primary and secondary data. The aim is to answer the posed questions and explain the status of women from a mubadalah perspective. QS Al-Baqarah (2): 282 is viewed as progress because it acknowledges women as witnesses, even though at that time, they were largely confined to the domestic sphere. The interpretation of this verse must be analyzed historically and contextually, considering social changes that have opened access for women to various public domains. Individual competence and understanding, rather than gender, should be the basis for evaluating testimony, as recognized by classical and contemporary scholars. Thus, the equal value of women's testimony with that of men aligns with the principles of justice and humanity in Islam
Copyright (c) 2024 Arroyan Na'im, Bagus Kusumo Hadi, Hairil Adi Saputra , Sri Jati Ratna Sari , Dino Gautman Raharjo https://creativecommons.org/licenses/by-sa/4.0