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All Journal JUSPI (Jurnal Sejarah Peradaban Islam) MADDIKA: Journal Of Islamic Family Law Socius: Social Sciences Research Journal
Arwinni Eka Putri Ahmad
Universitas Islam Negeri Alauddin Makassar
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Bias Gender Terhadap Posisi Suami dalam Kasus Nusyuz Perselingkuhan Istri di Peradilan Agama Arwinni Eka Putri Ahmad; Kurniati K; Zulhas’ari Mustafa
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 12 (2026): July 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This study examines gender bias in the husband's position in cases of nusyuz (conviction of a wife's infidelity) in the Religious Courts. Gender studies in Islamic family law have focused more on protecting women, leaving the husband's position as the injured party in a wife's infidelity rarely explored. The research gap lies in the limited analysis of the unequal considerations of judges regarding husbands' rights in nusyuz cases. The novelty of this study lies in its attempt to present a balanced perspective on gender justice in assessing the positions of husbands and wives based on their respective actions in domestic matters. This study aims to analyze forms of gender bias in Religious Court decisions regarding nusyuz (conviction of a wife's infidelity). The method used is normative legal research with a case-based and conceptual approach through a study of court decisions and Islamic legal literature. The research hypothesis indicates a tendency for decisions to be more oriented toward protecting the wife without proportionally considering the husband's losses. The results confirm that the principle of justice in Islamic law is reciprocal and must be applied proportionally without gender bias that disadvantages either party.
BETWEEN EMOTION AND LEGAL CERTAINTY: AN ANALYSIS OF EXPLICIT (SHARIH) AND IMPLICIT (KINAYAH) EXPRESSIONS IN DIVORCE FROM AN ISLAMIC FAMILY LAW PERSPECTIVE Arwinni Eka Putri Ahmad; Abdul Syatar; Fatmawati
MADDIKA : Journal of Islamic Family Law Vol. 7 No. 1 (2026): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v7i1.11517

Abstract

Domestic conflicts triggered by emotional outbursts often lead to the utterance of statements that may have legal consequences for the continuity and stability of marriage. In Islamic law, divorce pronouncements (talaq) are classified into ṣarīḥ (explicit) and kināyah (implicit) expressions, each carrying distinct legal implications. A ṣarīḥ expression is understood as an explicit declaration that unequivocally indicates divorce and therefore does not require the presence of intention (niyyah) for its legal validity. In contrast, a kināyah expression consists of indirect or ambiguous wording whose legal effect depends on the existence of the speaker's intention to divorce. The legal issue arises when such expressions are uttered in a state of anger or emotional distress, raising questions regarding their validity and legal force. This study aims to analyze the concepts of ṣarīḥ and kināyah expressions in Islamic family law, examine the role of intention in determining the validity of divorce, and explore their relevance in contemporary family practices. This research employs a normative legal approach using jurisprudential, juridical, and conceptual perspectives. The data are analyzed descriptively and qualitatively based on the sources of Islamic law, statutory regulations, and relevant scholarly literature. The findings demonstrate that the distinction between ṣarīḥ and kināyah expressions serves as an important instrument in maintaining a balance between legal certainty and substantive justice in divorce cases. Furthermore, an emotional state does not automatically invalidate the legal consequences of a divorce pronouncement; rather, its legal effect should be assessed based on the level of awareness, the surrounding context, and the speaker's intention. Therefore, a comprehensive understanding of divorce expressions is essential to ensure that the determination of marital status is not based solely on the formal wording of the pronouncement but also takes into account psychological, social, and family welfare considerations.
Fiqh Analysis of Four Schools Against the Mappatabe' Tradition in South Sulawesi Abu Haif; Arwinni Eka Putri Ahmad; Panji Anugrah; Muhammad Afif; Ahmad Muhajir Almusafir; Ismail Ismail; Hasna Mardanus; Zulfitriana Zulfitriana; Abd. Rahman
JUSPI (Jurnal Sejarah Peradaban Islam) Vol 9, No 2 (2026)
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/juspi.v9i2.26885

Abstract

Islamic civilization has developed dynamically and continuously interacted with local cultures through a selective process of acculturation. In Indonesia, particularly in South Sulawesi, the tradition of mappatabe'-which involves saying “tabe'” while slightly bowing as a sign of respect toward elders-represents a clear example of the integration between local culture and Islamic values. Nevertheless, this practice has generated fiqh-related debates concerning the limits of human respect so that it does not resemble acts of worship such as rukūʿ or sujūd, which are exclusively devoted to Allah SWT. This study aims to examine and analyze the perspectives of the four Sunni schools of Islamic jurisprudence Hanafi, Maliki, Shafi‘i, and Hanbali) regarding the mappatabe' tradition as a local cultural practice within the framework of Islamic law. The research employs a library-based qualitative method with a normative-fiqh approach, supported by ex post facto and descriptive methods to explore causal relations and to describe the practice of mappatabe' in its social and legal contexts. Data were collected from primary sources, including the Qur'an, the Prophet's hadiths, classical fiqh texts of the four schools, works of contemporary scholars, and relevant religious fatwas, complemented by secondary sources such as academic books and scholarly journal articles. The findings indicate that the mappatabe' tradition is fundamentally permissible as long as it is understood as a form of social etiquette and respect, does not involve elements of servitude or worship, does not resemble the physical acts of rukuʿ or sujud, and does not promote discrimination among individuals. Therefore, mappatabe' can be regarded as a form of cultural acculturation that aligns with the principles of Islamic law and reflects noble moral values in social life.
Co-Authors Abd. Rahman Abu Haif, Abu Ahmad Muhajir Almusafir Fatmawati Hasna Mardanus Ismail Ismail Kurniati K Muhammad Afif Panji Anugrah Syatar, Abdul Zulfitriana Zulfitriana Zulhas’ari Mustafa