Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Jurnal Ilmiah Penegakan Hukum Jurnal Antologi Hukum
Isnatin Ulfah
Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Rekonstruksi Hukum Kewarisan dan Harta Bersama Berbasis Keadilan Gender Mohammad Nur Salim; Isnatin Ulfah
Jurnal Ilmiah Penegakan Hukum Vol. 13 No. 1 (2026): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v13i1.18128

Abstract

Islamic family law in Indonesia faces challenges in adapting inheritance law and marital property distribution to contemporary social changes. Problems arise when wives become the primary breadwinners or bear dual domestic and public responsibilities, while existing legal provisions continue to apply formalistic distribution mechanisms. This study aims to analyze gender inequality in inheritance and marital property distribution and examine the relevance of substantive justice principles in resolving such disputes. This research employs normative legal research methods using statutory, conceptual, and gender analysis approaches. The legal materials consist of the Compilation of Islamic Law, court decisions, and relevant legal and gender literature. The findings indicate that several religious court decisions have adopted progressive approaches by granting a larger proportion of marital property to wives based on their economic and domestic contributions during marriage. This approach is consistent with the concepts of Qira’ah Mubadalah and Syirkah Abdan, which position husband and wife relations as proportional partnerships. This study concludes that the reconstruction of inheritance and marital property law is necessary to realize substantive justice that is responsive to changing gender roles in contemporary families.
Nikah Siri Online dalam Perspektif Hermeneutika Hukum Islam: Analisis Teks, Konteks, dan Implikasi Sosial Mohammad Taufiq Jatmiko; Isnatin Ulfah
Jurnal Antologi Hukum Vol. 5 No. 2 (2025)
Publisher : Fakultas Syariah Universitas Islam Negeri Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/antologihukum.v5i2.5486

Abstract

This article examines the rise of the practice of online marital as a contemporary legal and social phenomenon that challenges the Islamic family legal framework in Indonesia. The main problem in this study is the insynchronization between classical fiqh texts built in a socio-physical context and modern digital reality, where marriage contracts are carried out virtually through bold platforms. This research aims to reinterpret the principles of marriage law, especially related to guardians, witnesses, and the validity of contracts through the hermeneutic approach of Gadamer and Ricoeur. The research method used is normative qualitative by integrating textual analysis of jurisprudence, regulations, and recent court decisions with a hermeneutic approach. The findings of the study show that online serial marriage poses significant legal risks, especially in terms of guardianship verification, witness validity, and certainty of the legal status of women and children. Hermeneutic analysis shows that a reinterpretation of the context of classical legal texts is necessary to safeguard maqāṣid al-syarī'ah, in particular the protection of nasab, rights, and legal security. This study concludes that marriage registration by the state is not just administrative, but a legal mechanism needed to ensure justice and social protection in the digital era.
Co-Authors Mohammad Nur Salim Mohammad Taufiq Jatmiko