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All Journal Mawaddah: Jurnal Hukum Keluarga Islam An-nisa: Journal of Islamic Family Law
Yerik Tungatarov
Research Institute for Jochi Ulus Studies, Astana, Kazakhstan
Religion Law, Crime, Criminology & Criminal Justice Other

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Da'wah Strategy of the Sunda Kelapa Taklim Council as a Non-State Actor in the Socialization of Islamic Family Law in Jakarta Nupzahtusaniya Nupzahtusaniya; Andi Faisal Bakti; Yerik Tungatarov; Nurrohim Nurrohim
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.v4i1.50

Abstract

This study aims to analyze the role of the Sunda Kelapa Taklim Council as a non-state actor in the socialization of Islamic family law in Jakarta. Based on a qualitative descriptive approach with a case study design, this study examines how da'wah strategies are designed and implemented to transform family fiqh norms into the religious consciousness of urban communities. The focus of the research includes the material presented, delivery methods, communicative approaches, and the use of media in da'wah activities related to marriage issues, marital relations, divorce, and child care. Data was obtained through interviews, participatory observations, and documentation of the administrators, ustadz, and worshippers of the Sunda Kelapa Taklim Council centered at the Sunda Kelapa Grand Mosque. The results of the study show that the da'wah strategy functions as an effective instrument for socializing Islamic family law in shaping the normative awareness of the congregation. The substance of family law is conveyed in a normative-theological, ethical-social, and practical framework, so that it is not only understood as a formal rule, but as a spiritual mandate and moral guideline in domestic life. As a non-state actor, the taklim assembly does not have formal juridical authority like state institutions, but it plays a significant role in building moral legitimacy, providing a space for non-formal consultation before the litigation process, and bridging fiqh norms with national regulations and the realities of urban life. These findings confirm that the development of Islamic family law in Indonesia takes place through the interaction between the formal structure of the state and the dynamics of religious civil society that shape the understanding and practice of law at the social level.  
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 Andi Faisal Bakti Diana Farid Muhammad Husni Abdulah Pakarti Naimah Mohamad Nasir Nupzahtusaniya Nupzahtusaniya Nurfadhilah Nahe Nurrohim Nurrohim