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The Child Maintenance Rights of Orphans from the Perspective of Islamic Law and Positive Law Hasman Zhafiri Muhammad; Lisa Purwatiningsih; Nashih Muhammad; Mahdee Maduerawae
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 2 December 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i2.604

Fulfilling a child’s right to maintenance constitutes both a legal and moral obligation of parents, as stipulated in Indonesian law and Islamic legal principles. Nevertheless, empirical realities reveal persistent neglect of children by biological fathers, particularly in terms of financial and emotional support. This study examines a case from Kebonagung Village, Tegalrejo District, Magelang Regency, in which a child was deprived of maintenance and legal recognition for more than two decades despite the absence of a legally dissolved marriage. This condition exposes a significant gap between normative legal provisions and their practical enforcement, underscoring structural weaknesses in the protection of children’s rights within the domestic sphere. As a consequence, such children occupy a vulnerable legal position and may be classified as “passive orphans,” referring to children whose parents are legally alive but fail to fulfill their maintenance obligations. This article argues for the urgency of strengthening legal protection mechanisms and enhancing the role of the state in ensuring the effective realization of children’s non-negotiable right

Analysis of Decision No. 568/Pdt.G/2020 on Arrears of Maintenance in a Divorce Lawsuit from the Perspective of Islamic Law Zainal Arifin; Puput Alifah; Nashih Muhammad; Sumarjoko
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 2 December 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i2.605

This study examines the Decision of the Temanggung Religious Court No. 568/Pdt.G/2020/PA.Tmg concerning arrears of maintenance in a divorce lawsuit, which arises from household problems caused by the husband’s neglect of maintenance obligations during a period of living separately. Economic difficulties constitute the dominant factor triggering marital conflict and ultimately leading to divorce, thereby giving rise to the wife’s claim for arrears of maintenance. This research aims to analyze the judges’ legal considerations in deciding the case and to assess their conformity with the principles of Islamic law. The research method employed is a normative–juridical approach, with data collected through library research on court decisions, statutory regulations, the Compilation of Islamic Law, legal doctrines, and relevant Islamic legal literature. Data analysis is conducted using a descriptive–qualitative method by examining legal norms and judicial considerations.The findings indicate that maintenance is positioned as a husband’s obligation that does not lapse despite living separately, and failure to fulfill this obligation results in legal consequences in the form of arrears of maintenance that may be claimed by the wife. This decision is in line with the principles of justice in Islamic law and strengthens the protection of the wife’s economic rights. This study is expected to contribute to the development of Islamic family law studies and to increase public awareness of the importance of maintenance responsibilities within the household

The Role of Wives as Family Breadwinners: An Islamic Legal and Sociological Perspective Muh. Baehaqi; Nur Aziz; Nashih Muhammad
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 2 No. 1 June 2024: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v2i1.608

This study examines the phenomenon of wives assuming the role of family breadwinners in Muncar Village, Gemawang District, Temanggung Regency, from the perspectives of Islamic law and sociology. The research is motivated by empirical realities in which wives undertake economic responsibilities due to husbands’ inability to provide financial support as a result of prolonged illness, unemployment, advanced age, or unstable employment. Employing an empirical legal research design with a qualitative approach, data were collected through field observations and in-depth interviews with wives who function as primary income earners.The findings reveal that wives engage in diverse occupations, including agricultural labor, factory work, civil service, and domestic employment, to sustain household economies. From an Islamic legal perspective, the study finds that wives’ participation in income-generating activities is permissible, provided that it does not negate their primary responsibilities in managing household affairs and nurturing children. Such practices are consistent with the principles of mutual cooperation (ta‘āwun), responsibility, and compassion as emphasized in the Qur’an, the Sunnah, and the Compilation of Islamic Law. From a sociological perspective, the shift in wives’ roles reflects broader processes of social change driven by economic pressures, rising living costs, and the need to secure children’s education and family welfare.This study concludes that the role of wives as breadwinners in Muncar Village represents an adaptive social strategy that reconciles religious norms with contemporary socio-economic realities. While the obligation of financial provision remains primarily with the husband under Islamic law, wives’ economic participation emerges as a pragmatic and socially inevitable response to structural constraints, reinforcing family resilience without undermining Islamic legal principles.

Analysis of the Inheritance Rights of Adopted Children with Disabilities Muhamad Jamal; Ali Mustofa; Nashih Muhammad
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.626

This study examines the inheritance rights of adopted children with disabilities from the perspective of maqashid shari’ah, using a case study in Prampelan Hamlet, Adipuro Village, Kaliangkrik District, Magelang Regency. In Islamic law, adopted children lack a blood relationship (nasab) with their adoptive parents and are therefore not automatically entitled to inherit. However, in the research area, adopted children—particularly those who are the only dependents and have disabilities—are often treated as biological children, including in inheritance matters. A descriptive qualitative approach was employed, with data collected through observation, interviews, and document analysis. The findings indicate that inheritance practices for adopted children with disabilities are primarily motivated by compassion and social responsibility rather than strict legal norms. Although these practices do not fully conform to formal Islamic inheritance law, they reflect the objectives of maqashid shari’ah, especially in the principles of hifz al-nafs (protection of life) and hifz al-mal (protection of wealth), providing social protection for vulnerable groups. The study recommends enhancing public understanding of Islamic inheritance law and utilizing Islamic legal mechanisms such as wasiat wajibah (mandatory bequests), hibah (gifts), and waqf (endowment) to ensure justice and legal protection for adopted children with disabilities.

Marriage Prohibition in the Ngliwati Segoro Getih Tradition: Perspectives from Islamic Law and Human Rights Zaenal Arifin; Nashih Muhammad; Salsabila; Muhammed Zaki Tamami
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.673

Every region has its own distinct traditions in conducting marriage ceremonies. In certain communities, traditions are believed to bring blessings and are therefore preserved across generations. One such belief exists in Gemawang Village, where marriage is prohibited if the route to the prospective groom’s house passes through the birthplace of the prospective bride’s mother. This tradition, known as Ngliwati Segoro Getih, is believed to bring misfortune if violated. However, this belief has generated social problems and potential conflicts, particularly among younger generations who increasingly question the relevance and rationality of such myths. This study aims to examine the practice of the Ngliwati Segoro Getih tradition in Gemawang Village, Temanggung Regency, and to analyze it from the perspectives of Islamic Law and Human Rights. The research adopts a descriptive qualitative approach with field research as its design. Data were collected through direct observation, interviews with community leaders, religious figures, and local residents, as well as document analysis. The data were analyzed through data reduction, data presentation, and conclusion drawing, with methodological triangulation employed to ensure data validity.The findings indicate that the Ngliwati Segoro Getih tradition constitutes a prohibition of marriage between a man and a woman when the groom’s residence route passes through the village of the bride’s mother’s origin. From the perspective of Islamic law, this tradition lacks a strong normative basis, as it does not fall under the categories of prohibited marriage due to lineage (nasab), marital affinity (mushaharah), or breastfeeding relations (rada‘ah). From a human rights perspective, the tradition is a cultural practice rather than a legally binding norm and may potentially violate human rights by restricting individual freedom in choosing a life partner. This is an open-access article under the CC–BY-SA license.

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