Al Fiqri Ardiansyah
Syarif Hidayatullah State Islamic University Jakarta

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Reconceptualizing Marital Seizure as a Gendered Safeguard in Indonesia’s Religious Courts Thamer Hamdi M. Almutairi; JM. Muslimin; Siebel R. Mayuk; Al Fiqri Ardiansyah; Nabilah Yusof
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.v4i1.52

Abstract

The protection of women’s economic rights in marital property disputes within Indonesia’s Religious Courts remains problematic, particularly due to the risk of asset dissipation during divorce proceedings and the limitations of procedural safeguards. This study examines the interpretation and application of marital seizure (sita marital) as a legal mechanism to secure women’s property rights, while also identifying disparities in judicial decision-making. Employing a qualitative socio-legal approach, this research analyzes 42 court decisions issued between 2018 and 2023, sourced from the Indonesian Supreme Court database. Data were analyzed through qualitative content analysis focusing on judicial reasoning, evidentiary standards, and gender-related considerations. The findings reveal three dominant judicial patterns: approval, rejection, and partial approval of marital seizure requests. These variations are largely influenced by inconsistent evidentiary thresholds and the broad scope of judicial discretion. Although a small number of decisions demonstrate gender-sensitive reasoning aligned with feminist legal theory and maqāṣid al-sharīʿa (ḥifẓ al-māl), most rulings remain procedurally formalistic, which tends to disadvantage women, particularly those lacking access to financial documentation. This study argues that marital seizure constitutes a potentially effective yet inconsistently applied procedural safeguard. It reconceptualizes marital seizure as a gender-responsive legal instrument and underscores the urgency of doctrinal reform, the establishment of standardized evidentiary guidelines, and the integration of gender-sensitive judicial approaches. These measures are essential to ensuring substantive equality and strengthening the protection of women’s economic rights in marital property disputes.
Wasiat Wajibah and Islamic Inheritance Philanthropy: A Socio-Legal Study In Indonesia Nur Syakirah Binti Mohd Adnan; Rosdiana Rosdiana; ⁠⁠⁠Amin Songgirin; Jejen Jaenudin; Al Fiqri Ardiansyah
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.v4i1.75

Abstract

This study examines the role of wasiat wajibah as an adaptive mechanism within Islamic inheritance law in addressing the tension between the rigid structure of farā’iḍ and the evolving realities of Muslim family relations. Existing studies largely focus on doctrinal aspects of inheritance law, but overlook how wasiat wajibah operates empirically as a redistributive and philanthropic instrument within contemporary family contexts. Using a qualitative socio-legal approach with a case study design, this research analyzes 27 inheritance cases from Religious Courts in Indonesia, complemented by in-depth interviews with relevant stakeholders. The findings show that a significant number of cases involve non-genealogical individuals such as adopted children and caregivers who are excluded under classical farā’iḍ despite their substantial social contributions. In response, wasiat wajibah is widely applied as a corrective mechanism, redistributing a portion of the estate to these individuals. While resistance from genealogical heirs remains evident, the majority of cases demonstrate positive social outcomes, including improved welfare and strengthened family cohesion. These results indicate that wasiat wajibah functions not only as a legal instrument but also as a form of intra-family philanthropy grounded in principles of equity and compassion. By integrating maqāṣid al-sharī‘ah, distributive justice, and living law perspectives, this study introduces the concept of affirmative Islamic inheritance philanthropy, demonstrating that Islamic inheritance law can adapt to contemporary social complexities while maintaining normative legitimacy.