Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi USRATY : Journal of Islamic Family Law
Resti Septiani
Universitas Islam Negeri Sultan Maulana Hasanuddin Banten
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
State Intervention in Islamic Family Law: A Comparative Analysis of Pakistan and Indonesia within the Framework of Maqāṣid al-Sharīah Resti Septiani; oom Mukarromah; Nuruf Ma'rifah; Itang; Buang Yusuf
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 8 No. 1 May 2026
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v8i1.14786

Abstract

This study aims to analyse the forms and models of state intervention in Islamic family law in Pakistan and Indonesia and their relevance within the framework of maqāṣid al-sharīah and the relationship between fiqh and state law. Previous studies have examined Islamic family law reform in Muslim-majority countries; however, limited attention has been given to comparative analysis between Pakistan and Indonesia from the perspective of maqāṣid al-sharīah and the interaction between religious jurisprudence and state legal systems. This research employs a normative juridical method with comparative and conceptual approaches by examining legal regulations and relevant literature. The findings show that Pakistan adopts a more restrictive and administrative model with strong state control, while Indonesia applies a more moderate judicial approach that allows greater interpretative flexibility. From the perspective of maqāṣid al-sharīah, regulations concerning polygamy, divorce, and marriage registration are oriented toward the protection of life, lineage, and property. This study also finds that the Indonesian model is more representative in its implementation of maqāṣid al-sharīah comprehensively, as it balances legal certainty, fiqh flexibility, and substantive justice through a contextual judicial mechanism. Nevertheless, the Pakistani model demonstrates stronger preventive protection through stricter administrative supervision. Therefore, this study recommends the development of an Islamic family law system that integrates Indonesia’s judicial flexibility with stronger administrative supervision as implemented in Pakistan in order to achieve more comprehensive legal protection and social welfare (maslahah).
How Is Talaq Validity Determined Under Mental Disorders? A Transdisciplinary Islamic Family Law Perspective Ahmad Zaki Mujahid; Syafuri Syafuri; Oom Mukarromah; Sayehu Sayehu; Resti Septiani
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.v4i1.11414

Abstract

This study aims to examine how the validity of divorce (talaq) is determined when the husband experiences a mental disorder from a transdisciplinary Islamic family law perspective. This qualitative normative legal research employs conceptual, case, and transdisciplinary approaches by integrating Islamic jurisprudence, qawaid al-fiqhiyyah (Islamic legal maxims), maqasid al-shariah (objectives of Islamic law), clinical psychology, psychiatry, and Islamic family law and judicial perspectives. Data were obtained through library research involving classical and contemporary fiqh literature, scientific journals, the Compilation of Islamic Law, mental health literature, and selected religious court decisions concerning mental disorders in divorce cases. The findings indicate that the validity of talaq cannot be determined solely from its verbal pronouncement but requires consideration of the husband's consciousness, reasoning ability, intention, voluntariness, and legal capacity at the time of pronouncement. Mental disorders, including bipolar disorder, schizophrenia, borderline personality disorder, and major depressive disorder, may affect aql (reason), iradah (will), and ahliyyah (legal capacity), although their effects vary according to clinical severity, symptoms, and temporal conditions. Mental disorder therefore does not automatically invalidate talaq. This study concludes that its validity requires a contextual and case-sensitive assessment integrating Islamic legal principles, clinical and psychiatric assessment, judicial considerations, and maqasid al-shariah. The study contributes a transdisciplinary framework for determining legal capacity and talaq validity while protecting individual rights, marital interests, and family welfare.
Co-Authors Ahmad Zaki Mujahid Buang Yusuf Itang Nuruf Ma'rifah Oom Mukarromah Sayehu Sayehu Syafuri Syafuri