Doni Prananda
Universitas Islam Negeri Sultan Syarif Kasim Riau

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Reinterpreting Kafā’ah: The Interaction of Islamic Legal Norms and Social Realities in Contemporary Indonesian Marriage Practices. Deri Eka Putra; Era Zufialina; Azka Ummah; Doni Prananda
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 7 No. 2 November 2025
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v7i02.12484

Abstract

This study examines the concept of kafā’ah (compatibility) in marital partner selection within the Indonesian context, focusing on the interaction between Islamic legal norms and evolving social realities. Although classical Islamic jurisprudence emphasizes religious and moral compatibility as primary criteria, contemporary marriage practices in Indonesia increasingly incorporate social variables such as education, economic status, and family background. Using a qualitative descriptive approach through literature review and document analysis, this research analyzes classical fiqh texts, the Compilation of Islamic Law (KHI), and empirical studies on marriage practices across different cultural settings in Indonesia. The findings reveal that kafā’ah remains relevant as a principle for ensuring marital harmony; however, its interpretation has shifted from lineage and socio-economic status toward shared values, emotional maturity, and religious commitment. The study also indicates a gap between normative legal frameworks and practical social considerations, influenced by cultural dynamics and modernization. This research contributes to contemporary Islamic family law discourse by highlighting the need for a contextual reinterpretation of kafā’ah that prioritizes ethical and spiritual dimensions over hierarchical social classifications.
Prostitution Under the Guise of Religion: The Exploitation of Marginalized Women Through Temporary Marriage Doni Prananda; Maghfirah Maghfirah; Habiburrahman Rizapoor; Juliani Syafitri
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.v4i1.11415

Abstract

This study aims to examine the exploitation of marginalized women through temporary marriage practices conducted under the guise of religious legitimacy and to analyze how such practices may reproduce forms of disguised prostitution. The study employs qualitative normative legal research with a socio-legal perspective, integrating Islamic family law analysis with gender and social vulnerability perspectives. The data consist of Islamic legal literature, scholarly publications, legal materials, and documented cases concerning temporary marriage, women’s marginalization, and religiously framed sexual exploitation. The findings reveal that temporary marriage can become an instrument of exploitation when religious claims are used to legitimize relationships characterized by economic transactions, unequal bargaining power, and temporary sexual access. Marginalized women are particularly vulnerable because economic hardship, limited social protection, and structural inequality can constrain their ability to exercise meaningful consent. The findings also demonstrate that formal religious justification does not necessarily ensure substantive justice, particularly when marriage arrangements result in economic dependency, abandonment, stigma, or the denial of women’s rights and dignity. The study concludes that temporary marriage practices involving marginalized women should be assessed not solely through formal notions of religious or contractual validity but also through justice, meaningful consent, human dignity, and protection from exploitation. Academically, this study contributes to Islamic family law scholarship by introducing a socio-legal and gender-sensitive framework for examining how religious legitimacy can intersect with structural vulnerability and transform temporary marriage into a mechanism of exploitation.