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All Journal Al-Qalam An-nisa: Journal of Islamic Family Law
Muhammad Zakir Husain
Sultan Sharif Ali Islamic University, Brunei Darussalam
Religion Law, Crime, Criminology & Criminal Justice Other

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FAMILY RESILIENCE AND ROLE NEGOTIATION AMONG KAILI WOMEN IN CENTRAL SULAWESI, INDONESIA Jusmiati Jusmiati; Suraya Attamimi; Muhammad Zakir Husain; Darlis Darlis
Al-Qalam Vol. 32 No. 1 (2026): Jurnal Al Qalam
Publisher : Balai Penelitian dan Pengembangan Agama Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31969/alq.v32i1.1756

Abstract

This study examines the dynamics of family resilience and role negotiation among Kaili women in CentralSulawesi, Indonesia, within socio-cultural, economic, and ecological contexts. Using a qualitativeinterpretive approach grounded in family resilience theory and gender analysis, data were collectedthrough in-depth interviews and observations involving six Kaili women from Palu City and DonggalaRegency. The findings reveal that Kaili women play a central role in sustaining family resilience throughthree primary mechanisms: emotional regulation, their role as guardians of family cohesion, and theinternalization of cultural values that underpin family resilience. Emotional regulation enables women tomanage conflict constructively and maintain family stability, while flexible role negotiation facilitates theequitable distribution of responsibilities between husbands and wives. Furthermore, family resilience isstrengthened by local cultural concepts such as bulonggo and taiganja, which position women as centralfigures in the maintenance, continuity, and well-being of family life. The study finds that resilience amongKaili families is not merely an individual psychological capacity but a relational and culturally embeddedprocess shaped by collective values, kinship relations, and indigenous belief systems. By integratinginsights from family psychology, gender studies, and local wisdom, this study contributes to acontextualized understanding of resilience that challenges individualistic paradigms and highlights itscollective, gendered, and culturally grounded dimensions.
Prohibition vs Persistence: Contract Marriages between the Objectives of Islamic Law and Local Legal Realities in Indonesia Burhan Latip; Muhammad Husni Abdulah Pakarti; Nik Salida Suhaila Nik Saleh; Muhammad Zakir Husain; Normadiah Daud
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.471

Abstract

The phenomenon of contract marriage (nikah kontrak) in Cianjur Regency has emerged as a significant legal and socio-religious issue within Indonesian society, attracting both national and international scholarly attention. This study is driven by two core research questions: (1) How is Regent Regulation No. 38 of 2021 implemented in addressing the practice of contract marriage? and (2) To what extent does this regulation reflect and uphold the objectives of Islamic law (Maqāṣid al-Sharīʿah)? The research aims to critically examine the legal implementation and social impact of the regulation, particularly on individuals involved in contract marriages. Employing a qualitative method with a descriptive-analytical and case-study approach, data were collected through in-depth interviews with contract marriage actors, community leaders, and government officials. The findings reveal that contract marriages in Cianjur occur through various forms of informal or semi-formal arrangements often without legal guardians or witnesses, or with invalid ones thereby fulfilling only the outward form of marriage without generating legal consequences such as the obligation of ʿiddah. From the Sunni legal perspective, such practices are considered invalid, whereas in the Shiʿa Imamiyah tradition, they may resemble nikah mutʿah under specific conditions. The persistence of contract marriage is influenced by internal factors (economic necessity, cultural accommodation) and external factors (social tolerance and weak enforcement). Although Regent Regulation No. 38/2021 seeks to curb the practice, its implementation has yet to produce a substantial deterrent effect. Within the broader global discourse on Islamic legal reform, this study underscores the necessity of integrating normative Islamic legal principles with contextual socio-legal realities. A more comprehensive strategy combining legal enforcement, community education, and theological engagement is essential to safeguard the higher objectives of Islamic law and protect vulnerable parties in marital relations.
Co-Authors Burhan Latip Darlis Darlis Jusmiati Jusmiati Muhammad Husni Abdulah Pakarti Nik Salida Suhaila Nik Saleh Normadiah Daud Suraya Attamimi