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Transformasi Hukum Keluarga Islam dalam Perspektif Kesetaraan Gender Analisis Perbandingan Indonesia dan Maroko Widia Usada; Sukiati Sukiati; Iwan Iwan
AHKAM Vol 5 No 3 (2026): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10463

Abstract

The debate on gender relations in Islamic family law has intensified alongside increasing demands for the protection of women’s rights, legal modernization, and regulatory harmonization with the principles of justice and human rights. This condition makes family law reform an important issue in the legal systems of Muslim countries. This study aims to analyze gender equality policies in Islamic marriage law through a comparative study between Indonesia and Morocco. This study used a normative legal method with statutory and comparative approaches to the main regulations, namely Law Number 1 of 1974 concerning Marriage in Indonesia and the Mudawwanah in Morocco. The results showed that Indonesia and Morocco adopted different models of family law reform. Indonesia applies normative equality that is still influenced by patriarchal and hierarchical structures, whereas Morocco has developed the concept of husband–wife partnership through a more progressive reinterpretation of Islamic law. The conclusion of this study affirms that Islamic family law reform in both countries is equally directed toward strengthening gender equality, but Morocco, through the Mudawwanah, demonstrates more progressive changes in protecting the rights of women and children than Indonesia. The implications of this study indicate that Islamic family law reform needs to continue to be directed toward strengthening the principles of gender equality, the protection of women’s rights, and family justice without disregarding the fundamental values of Islamic law.
Penguatan Perlindungan Hak Anak di Ruang Digital melalui Integrasi Instrumen Hukum Nasional, Internasional, dan Permenkomdigi Nomor 9 Tahun 2026 Widia Usada; Faisar Ananda
ALSYS Vol 6 No 4 (2026): JULI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/alsys.v6i4.10450

Abstract

Strengthening national digital sovereignty is important in mitigating the risks of violence, exploitation, and violations of children’s privacy in cyberspace, particularly through the enactment of Regulation of the Minister of Communication and Digital Number 9 of 2026. This study aims to analyze the synchronization of norms between international legal instruments, particularly the Convention on the Rights of the Child, and national regulations, as well as to explain the child protection mechanisms that must be implemented by Electronic System Providers (PSE). This study used a normative juridical method with statutory and comparative approaches. Secondary data sources included the 1945 Constitution, the Child Protection Law, the Juvenile Criminal Justice System Law, the Convention on the Rights of the Child, and related regulations, which were analyzed qualitatively through content analysis techniques and deductive reasoning. The results showed that Permenkomdigi Number 9 of 2026 harmonizes international standards into national juridical mandates by requiring PSE to implement a safety-by-design approach, an accurate age verification system, and user age-range grouping. The conclusion of this study affirms that the regulation functions as a technical instrument to guarantee the rights to protection, privacy, and growth and development of Indonesian children so that they remain safe and dignified amid the complexity of digital technology transformation. The implications of this study indicate that harmonization among national law, the Convention on the Rights of the Child, and Permenkomdigi Number 9 of 2026 strengthens the framework for protecting children’s rights in the digital space through regulations that are more adaptive to the risks of technology-based violence, exploitation, and privacy violations.
Nilai Mitsaqan Ghalizha melalui Program Tepuk Sakinah dalam Menjawab Tantangan Perkawinan Era Digital Widia Usada; Heri Firmansyah
ALSYS Vol 6 No 4 (2026): JULI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/alsys.v6i4.10728

Abstract

Marriage in Islam is understood as mitsaqan ghalizha, namely a great and firm covenant that contains five fundamental values, including zawaj, mitsaqan ghalizhan, mu’asyarah bil ma’ruf, musyawarah, and taradhin. In the digital era, these values face serious challenges due to the spread of phubbing, cyber-infidelity, text-based miscommunication, and the tendency to compare domestic life through social media. This study aims to normatively analyze the values of mitsaqan ghalizha contained in the Tepuk Sakinah program and to examine its relevance as an instrument for strengthening family resilience in facing the challenges of marriage in the digital era. This study used a normative legal method (library research) with a conceptual approach and Islamic family jurisprudence analysis. The results show that the lyrics and structure of Tepuk Sakinah are normatively aligned with the principles of Islamic family law and represent the values of zawaj, mitsaqan ghalizhan, mu’asyarah bil ma’ruf, musyawarah, and taradhin in a simple and memorable form of education. This program can also be understood as a manifestation of Sadd Adz-Dzari’ah and Maslahah Mursalah in the context of contemporary jurisprudence because it has the potential to serve as a preventive instrument for mitigating family conflict in the digital era. The conclusion of this study affirms that Tepuk Sakinah is an educational innovation in marriage guidance that is relevant for adaptively strengthening Muslim family resilience. The implications of this study indicate that the program not only strengthens prospective brides’ and grooms’ understanding of the sacred values of marriage but can also function as a practical guide in countering the destructive impact of technology on family relations.