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All Journal Al-Syakhsiyyah : Journal of Law and Family Studies Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Lina Nur Anisa
Institut Agama Islam (IAI) Ngawi
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstructing Child Custody Law in Indonesian Religious Courts: Integrating Islamic Law, Child Rights, and Substantive Justice Lina Nur Anisa
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22023

Abstract

This study aims to propose a comprehensive model for reconstructing child-custody law in Indonesia’s religious courts by integrating Islamic family law, children’s rights, and substantive justice. Utilising a hermeneutic and descriptive-analytical approach to library research, the study analyses legal texts, court decisions, and relevant literature. The results reveal significant gaps between legal norms and actual judicial practices, particularly regarding the prioritisation of gender biases and legal formalities over child welfare. The study identifies that child custody decisions often overlook universal child protection principles and fail to consider substantive justice. The proposed model advocates for legal reforms, including enhancing judicial capacity, integrating psychological assessments, and promoting restorative justice in dispute resolution. This research contributes to family law reform by providing a comprehensive framework that centres child welfare in custody decisions, aiming for a more responsive and just legal system. Furthermore, it offers both conceptual and practical guidance to improve child protection in Indonesia’s family courts, address contemporary societal needs, and advance an inclusive, child-centred family law that balances progressive values with cultural sensitivity. The findings emphasise the importance of cross-sector collaboration in implementing these reforms, urging policymakers, judges, and child protection agencies to work together for the betterment of child welfare in legal proceedings.
Nikāḥ Muḥallil as Legal Stratagem: Ethical Challenges in Contemporary Islamic Family Law Lina Nur Anisa
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.11601

Abstract

This study aims to analyze the legal validity and ethical legitimacy of nikāḥ muḥallil in contemporary Islamic law, particularly within the discourse on Islamic family law in Indonesia and Muslim countries. The research focuses on the tension between classical fiqh constructs that allow reconciliation after ṭalāq bā’in kubrā and contemporary critiques of the practice of marriage engineering, which is viewed as a form of ḥīlah and as the manipulation of divorce law. The research employs a normative-doctrinal method with a conceptual approach, maqāṣid al-sharīah, and comparative madhhab analysis. Primary sources include Qur’anic verses, hadith, and classical fiqh literature on divorce and remarriage, while secondary sources consist of contemporary studies on Islamic family law, maqāṣid, and gender justice. Analysis is conducted qualitatively through normative interpretation to assess the alignment between formal fiqh constructs and the substantive objectives of marriage in Islam. The research findings indicate that although nikāḥ muḥallil may be deemed legally valid within certain school frameworks, its ethical legitimacy weakens when the marriage is intentionally performed to facilitate the remarriage of a former spouse. This practice contradicts the maqāṣid objectives of marriage, particularly the protection of dignity, justice, and sincerity of intent. It has the potential to position women as procedural instruments in divorce manipulation. This study contributes to the development of a maqāṣid-based reinterpretation of Islamic family law to reconcile formal legality with ethical integrity in contemporary marriage practices.
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