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All Journal Jurnal Syariah, Hukum, dan Ekonomi Islam
Ouedraogo Saidou
Islamic Revealed Knowledge and Science (IRKHS), International Islamic University Malaysia

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The Tradition of Redeeming Twin Children of Newlyweds Rahmadi Agus Setiawan; Nur’aini; Hidayatun Ulfa; Ouedraogo Saidou
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.v3i2.606

Abstract

This study examines the Tebus Anak Kembar Pengantin tradition practiced in Kertosari Village, Jumo District, Temanggung Regency, from the perspectives of Islamic law and local custom (‘urf). Employing a qualitative approach with a socio-legal method, the research is based on field data collected through interviews, observation, and documentation involving community leaders, religious figures, and local residents. The findings reveal that the tradition is a form of living local wisdom rooted in Javanese culture, carried out through symbolic rituals such as family deliberation, collective prayers, the symbolic transfer of redemption money, and child caregiving by an adoptive family. Sociologically, the practice aims to strengthen kinship ties, maintain social harmony, and promote collective responsibility in child upbringing. From an Islamic legal perspective, the tradition is acceptable insofar as it is understood as kafālah (child guardianship) rather than a transaction involving the sale of a child, as it does not alter lineage (nasab) and emphasizes intentions oriented toward public benefit (maṣlaḥah). Within the framework of ‘urf, the tradition may be classified as ‘urf ṣaḥīḥ, provided that it does not contradict sharīʿah principles. However, the study also identifies challenges related to Indonesian positive law, particularly the absence of formal adoption procedures, which may result in legal uncertainty regarding the child’s status. Therefore, the study underscores the need for legal awareness and guidance to harmonize the preservation of local tradition with the principles of Islamic law and child protection
Judicial Control over the Practice of Polygamy: A Comparative Study of Religious Courts in Indonesia and Sharia Courts in Malaysia Nashih Muhammad; Muhammad Nur Risqi; Ouedraogo Saidou
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 2 (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.v4i2.1538

Abstract

This study examines Islamic family law in Indonesia and Malaysia, focusing on polygamy licensing practices at the Temanggung Religious Court and Sharia Courts in several Malaysian states. Although both countries legally permit polygamy subject to requirements of justice and capacity, they apply different legal frameworks. Indonesia adopts monogamy as the general principle, with strictly regulated exceptions under Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, while Malaysia regulates polygamy through the Islamic Family Law (Federal Territories) Act 1984 and state Islamic family law enactments. Using a qualitative case study approach, this research combines document analysis with semi-structured interviews involving three key informants: a Temanggung Religious Court judge, a *fiqh munakahat* lecturer at UniSHAM Kedah, and a *maahad tahfiz* administrator in Selangor. Data were analyzed through reduction, presentation, and inductive conclusion drawing. The findings show that Indonesian regulations emphasize legally recognized grounds, the first wife’s consent, financial capacity, and the guarantee of equitable treatment. At the Temanggung Religious Court, approximately 60–70% of polygamy applications are rejected, mainly due to the absence of the first wife’s consent and insufficient financial capacity. In Malaysia, greater emphasis is placed on measurable financial capacity (approximately RM 4,000 per month per family), emotional fairness, transparency, compliance with Sharia Court procedures, and official registration. Although the first wife’s consent is strongly considered, it is not always an absolute requirement.
Co-Authors Hidayatun Ulfa Muhammad Nur Risqi Nashih Muhammad Nur’aini Rahmadi Agus Setiawan