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Willy Zulfan
Universitas Islam Negeri Sumatera Utara
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Pembebasan Iwadh bagi Istri yang Melakukan Khuluk Terhadap Suami Yang Masih Hutang Mahar: Studi Tekstual Naskah Fath al-Mu‘īn Willy Zulfan; Muhammad Amar Adly
JOURNAL SAINS STUDENT RESEARCH Vol. 4 No. 1 (2026): Februari: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v4i1.8731

Abstract

Khuluk is a divorce mechanism carried out at the wife's initiative. In Islamic law, the wife is given the right to end the marriage with the burden of providing compensation (iwāḍ) to the husband who is khuluk. New problems arise when the wife performs khuluk against her husband, while the dowry as the wife's right has not been paid by the husband. This article aims to analyze the concept of the wife's release from iwāḍ towards her husband in this condition based on the study of the Fath al-Mu'īn manuscript by Sheikh Zainuddin al-Malibari. This research uses a library method with a normative approach to fiqh and textual analysis. The results show that textual analysis of the Fathul Mu'in manuscript permits the cancellation of the outstanding dowry as a form of compensation (iwāḍ), even opening up the possibility of a full release from iwāḍ. This finding confirms that the obligation of iwadh is conditional and must consider the principles of justice and protection of women's rights in Islamic family law.
Poligami dalam Teori Hukum dan Mazhab Fikih: Studi Perbandingan Indonesia dan Tunisia Willy Zulfan; Sukiati Sukiati
JOURNAL SAINS STUDENT RESEARCH Vol. 4 No. 4 (2026): Agustus: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v4i4.11407

Abstract

Polygamy is one of the most problematic issues in Islamic family law because it lies at the intersection of normative texts, interpretations by fiqh schools, state policy, and demands for substantive justice. This article compares the regulations on polygamy in Indonesia and Tunisia by situating them within the framework of Islamic legal theory, fiqh schools, maqashid al-shari‘ah, and modern family law policy. This study employs a qualitative-normative method based on a literature review of regulations, court decisions, legal documents, fiqh literature, and recent scholarly research from 2020 onward. The findings indicate that Indonesia adopts an “open monogamy” model, wherein polygamy remains permissible but is restricted through court authorization, the wife’s consent, financial capacity, and guarantees of justice. Tunisia has adopted a stricter model an absolute ban through the Code of Personal Status, which criminalizes the practice of polygamy. This difference reflects two strategies for the reform of Islamic law, Indonesia’s is more accommodative yet restrictive, while Tunisia’s is more prohibitive and radical. This article argues that both models stem from the concept of maslahat (public interest), but differ in their interpretation of the best way to protect women, children, and family stability. In practice, the effectiveness of the law is determined not only by the wording of the norms but also by the state’s capacity to enforce the rules consistently and fairly.
Nafkah Suami dan Istri Bekerja Persfektif Imam Mazhab Willy Zulfan; Heri Firmansyah
JOURNAL SAINS STUDENT RESEARCH Vol. 4 No. 4 (2026): Agustus: Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v4i4.11586

Abstract

Marriage is a noble Islamic institution; this nobility stems from the fact that in marriage, a husband does not merely make a promise to his wife and her guardian, and vice versa, but in essence, they are making a promise to their Lord (mitsaqan ghalizan). It is this strong and noble covenant that compels a husband to fulfill his obligations as a husband toward his wife’s rights, so that, by extension, the husband is also entitled to his rights regarding what is required of his wife. In the Qur’an, Allah has established the rights and obligations of husbands and wives in marriage, one of which pertains to the financial support (nafkah) that a husband is obligated to provide for his wife. In essence, financial support is one of the obligations a husband must fulfill toward his wife; likewise, the wife is obligated to obey and be submissive to her husband because she has received her right from him in the form of financial support. However, issues and debates arise when the wife works to earn an income and sometimes even contributes to providing for the family’s financial needs. Therefore, in this article, the author aims to explain the rights and obligations of husbands and wives regarding spousal support for working spouses from the perspective of the four schools of Islamic jurisprudence. The purpose of this article is to ensure that every Muslim who intends to marry or is already married understands the rights and obligations Allah has established for them within the household, so that their marriage may be one that pleases God, bringing peace and mutual love to the relationship. The method used by the author in writing this article is the descriptive qualitative method, which involves explaining and elaborating in depth and objectively on the rights and obligations of husbands and wives regarding spousal support for working spouses according to the four schools of Islamic jurisprudence. The author concludes, based on the opinions of the imams of these schools, that spousal support is an absolute obligation of the husband toward his wife.
Co-Authors Heri Firmansyah Muhammad Amar Adly Sukiati Sukiati