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All Journal DE JURE Teosofia: Indonesian Journal of Islamic Mysticism USRATY : Journal of Islamic Family Law
Rafeah Saidon
Universiti Teknologi MARA
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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From Moral Authority to Policy Integration: The Role of Religious Leaders in Marital Mediation in Indonesia and Malaysia Musleh Harry; Tutik Hamidah; Jundiani Jundiani; Muhammad Nasrulloh; Rafeah Saidon
De Jure: Jurnal Hukum dan Syari'ah Vol 18, No 1 (2026)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v18i1.35639

Abstract

Divorce rates in certain Southeast Asian countries remain a growing concern, with some regions experiencing one divorce in every four marriages. Formal mediation in religious courts has proven largely ineffective in mitigating this trend. However, two Muslim-majority regions, namely Rembang in Indonesia and Melaka in Malaysia, consistently demonstrate significantly lower divorce rates. This study seeks to explore the underlying factors contributing to this pattern. Employing a qualitative comparative method, this empirical research investigates how religious leadership contributes to family conflict resolution in both communities. The study involved interviews with six (6) informants in Indonesia and six (6) in Malaysia. The findings reveal that the presence of a strong religious ecosystem, in which religious leaders act as informal mediators, plays a central role in preventing divorce and promoting reconciliation. In these communities, religious figures such as imams or kiai are widely respected and trusted, and are often consulted before legal proceedings are considered. In Malaysia, the role of religious leaders has been institutionalised through state-supported programs that integrate them into official family protection and dispute resolution mechanisms. In contrast, Indonesia has not yet developed formal policies that support the role of religious leaders in marital mediation, despite their substantial influence in rural and coastal communities. This study concludes that religious leaders function not only as moral authorities but also as effective mediators who connect community values with personal disputes. Strengthening collaboration between religious institutions and state authorities is crucial to enhancing non-litigation divorce prevention strategies. The integration of faith-based mediation into public policy could significantly contribute to sustaining family resilience in Southeast Asian Muslim societies.Keywords: religious authority; mediation; divorce; marriage.
Between Recognition and Legitimization: Women’s and Children’s Rights in Indonesia’s Extra-Judicial Divorce Muhammad Nasrulloh; Navisatul Zahro; Fikri Ahmad Islami; Faridatus Suhadak; Zummy Humairoh; Rafeah Saidon
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11110

Abstract

This study aims to examine the tension between the religious recognition of extra-judicial divorce under Islamic jurisprudence and its legitimization under Indonesia’s positive law, concerning the protection of women’s and children’s rights. The study employs normative legal research using statutory, conceptual, and case approaches, supported by qualitative analysis based on maṣlaḥah and maqāṣid al-sharī‘ah. The findings demonstrate that the dualism between Islamic jurisprudence, which recognizes the religious consequences of divorce pronounced outside the court, and positive law, which requires divorce to be determined by a court, creates legal uncertainty concerning marital status, maintenance, child custody, ‘iddah, remarriage, and family law administration. This uncertainty affects women and children by weakening the enforceability of post-divorce rights and obligations. The analysis establishes that religious recognition of divorce occurring outside the court should not be equated with legitimization, because legitimization may undermine judicial oversight and protection of vulnerable members. Judicial confirmation of divorce can instead function as a restorative mechanism that provides legal certainty concerning an occurred divorce without legitimizing extra-judicial divorce as a lawful form. The study concludes that maintaining a clear distinction between recognition and legitimization is essential for reconciling Islamic legal consequences with Indonesia’s positive law while safeguarding women’s and children’s rights. Academically, the study contributes a maṣlaḥah- and maqāṣid al-sharī‘ah-based framework for family law that conceptualizes judicial confirmation of divorce as restorative recognition rather than legal legitimization, offering a rights-sensitive approach to resolving tensions surrounding extra-judicial divorce in Indonesia.
Reconstructing al-Ghazālī's Maqāṣid al-Zawāj: A Cyclical Model of Sufi Ethics and Human Flourishing Muhammad Nasrulloh; Zummy Humairoh; Abdul Hakim; Marsum; Rafeah Saidon
Teosofia: Indonesian Journal of Islamic Mysticism Vol. 15 No. 1 (2026)
Publisher : Fakultas Ushuluddin dan Humaniora - UIN Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/tos.v15i1.33365

Abstract

Contemporary marriage faces changing family values, declining marriage intentions, and increasing marital problems, requiring an understanding of marriage as an ethical, spiritual, and human-development process. This study reconstructs Abū Ḥāmid al-Ghazālī’s conception of maqāṣid al-zawāj in Kitāb Adab al-Nikāḥ of Iḥyāʾ ʿUlūm al-Dīn. Using qualitative library research, content analysis, hermeneutic interpretation, and a maqāṣid al-sharīʿa approach, it identifies five interconnected purposes of marriage: taḥṣīl al-walad, kasr al-shahwah, tarwīḥ al-nafs, tafrīgh al-qalb, and mujāhadat al-nafs. These encompass generational continuity, sexual and moral regulation, psychological tranquility, relief from domestic burdens, and spiritual discipline. Their realization depends on marital ethics, mutual rights and obligations, cooperation, patience, and dignified conflict management. Spouse selection prioritizes religious commitment and moral character, while taṣfiyat al-qulūb and tazkiyat al-nufūs support spiritual development. The study proposes a cyclical model integrating marital purposes, ethical practices, spouse selection, and spiritual cultivation to strengthen family maṣlaḥa, human flourishing, and sustainable family development. Contribution: This article extends the analytical horizon of maqāṣid al-sharīʿa by linking the preservation of essential interests to inner moral formation and the cultivation of a flourishing family life.
Co-Authors Abdul Hakim Faridatus Suhadak Fikri Ahmad Islami Jundiani Jundiani Marsum Muhammad Nasrulloh Muhammad Nasrulloh Musleh Harry Navisatul Zahro Tutik Hamidah Zummy Humairoh Zummy Humairoh