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All Journal Mawaddah: Jurnal Hukum Keluarga Islam An-nisa: Journal of Islamic Family Law
Naimah Mohamad Nasir
International Islamic University Malaysia
Religion Law, Crime, Criminology & Criminal Justice Other

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Judicial Reluctance and Legal Gaps in Recognizing Gambling as a Ground for Divorce: An Islamic Law Analysis of Decisions of the Pekanbaru Religious Court Fadel Muhammad; Zulfahmi Bustami; Muhammad Darwis; Pujangga Candrawijayaning Fajri; Naimah Mohamad Nasir
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.32

Abstract

This study is motivated by the empirical finding that judges in the Religious Court Class 1A Pekanbaru do not explicitly use gambling as a legal ground for divorce, despite its inclusion in Government Regulation No. 9 of 1975 Article 19(a) and the Compilation of Islamic Law (KHI) Article 116(a). Moreover, Law No. 1 of 1974 on Marriage does not specifically recognize gambling as a cause of divorce, resulting in limited legal protection for affected parties. This research aims to analyze judicial reasoning and standards in adjudicating divorce cases involving gambling from an Islamic law perspective. This study employs a qualitative normative legal approach based on secondary data, utilizing statutory, case, and historical approaches. Data were collected through literature review and supported by interviews, and analyzed using qualitative analytical techniques to derive systematic and interpretative conclusions. The findings reveal that judges tend not to explicitly consider gambling as a primary ground for divorce, instead relying on arguments of continuous disputes and conflicts. Consequently, the normative provisions of Government Regulation No. 9 of 1975 Article 19(a) and KHI Article 116(a) are not optimally applied. From an Islamic law perspective, which prioritizes family welfare (maslahah), gambling can constitute a legitimate (syar’i) ground for divorce. In conclusion, there is a normative and practical gap in judicial application, indicating the need for legal reform. This study recommends strengthening legal provisions by explicitly incorporating gambling as a ground for divorce through amendments to Law No. 1 of 1974 to ensure legal certainty and protection.  
The Application of Legal Protection for Victims of Rape in Marriage in Unregistered Marriages: Between Legal Certainty and Human Rights in Indonesia Nurfadhilah Nahe; Yerik Tungatarov; Naimah Mohamad Nasir; Diana Farid; Muhammad Husni Abdulah Pakarti
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 3 (2026): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i3.559

Abstract

Unregistered marriages remain a legal issue in Indonesia, as they place women in a more vulnerable position when they become victims of marital rape. Although Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT), Law No. 12 of 2022 on Sexual Violence Crimes (TPKS), and the National Criminal Code provide a legal basis for protection against domestic sexual violence, prior research has largely focused on normative aspects and has not yet examined the implementation of legal protections for victims in unregistered marriages from a human rights perspective. This study aims to analyze the implementation of legal protections for female victims of marital rape in unregistered marriages and to identify obstacles affecting the effective fulfillment of victims' rights. A normative legal research method was employed, utilizing statutory, conceptual, case-based, and human rights approaches. The findings indicate that, normatively, victims are entitled to protection under the PKDRT Law, the TPKS Law, and the National Criminal Code, regardless of their marriage registration status. However, implementation remains suboptimal due to administrative hurdles in proving the marital relationship, victims' low legal awareness, patriarchal culture, limited access to protection services, and the inconsistent application of a gender perspective by law enforcement officials. This study contributes by highlighting the gap between normative guarantees and law enforcement practices, while emphasizing the importance of policy reform aimed at effectively and equitably protecting victims' rights.
Co-Authors Diana Farid Fadel Muhammad Muhammad Darwis Muhammad Husni Abdulah Pakarti Nurfadhilah Nahe Pujangga Candrawijayaning Fajri Yerik Tungatarov Zulfahmi Bustami