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All Journal Taqnin: Jurnal Syariah dan Hukum AT-TASYRI' Jurnal Ilmiah Prodi Muamalah An-nisa: Journal of Islamic Family Law
Aulil Amri
Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Other

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Children’s Rights Fulfillment in Families of Female Migrant Workers: An Islamic Law Perspective from Aceh Tenggara Noor Fadillah Hayatusyifa; Fakhrurrazi M. Yunus; Aulil Amri; Manuel Beltrán Genovés; Nur Syahirah Binti Mohammad Nasir
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.496

Abstract

The increasing participation of women as migrant workers has created complex socio-legal consequences within family structures, particularly concerning the fulfillment of children's rights. While economic remittances from female migrant workers contribute to improving household welfare, the prolonged physical absence of mothers raises critical concerns regarding parenting, emotional attachment, and moral development of children. Existing studies largely focus on the economic benefits of labor migration, while limited attention has been given to the holistic fulfillment of children's rights from an Islamic legal perspective. This study aims to examine the fulfillment of children's rights in families of female migrant workers in Bukit Tusam District, Southeast Aceh Regency, and to analyze the issue through the framework of Islamic law. The research employs an empirical qualitative approach through field research, with data collected via in-depth interviews, observation, and documentation involving female migrant worker families, substitute caregivers, and community stakeholders. The findings indicate that children's economic and formal educational rights are relatively fulfilled through remittances and continued access to schooling. However, the rights related to parental care, emotional support, and moral-religious guidance are often inadequately addressed due to the absence of maternal caregiving. From the perspective of Islamic law, the fulfillment of children's rights requires a holistic approach grounded in the principles of maqāṣid al-sharīʿah, particularly the protection of lineage, intellect, and welfare. This study contributes to the discourse on Islamic family law by emphasizing the need for integrative policies and community-based support systems to ensure the comprehensive protection of children's rights in migrant worker families.
Reformasi Hukum Keluarga Islam di Indonesia dan Malaysia: Studi Perbandingan Sistem Hukum, Kelembagaan Peradilan, dan Perlindungan Hak Keluarga Noor Asya; Veronita Indira Jayatri; Yasrina Esia Nur; Aulil Amri
TAQNIN: Jurnal Syariah dan Hukum Vol 8, No 01 (2026): Januari-Juni 2026
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/taqnin.v8i01.30431

Abstract

The reform of Islamic family law in Southeast Asia has developed through different legal and institutional approaches, particularly in Indonesia and Malaysia, despite both countries sharing the same foundation in Islamic legal principles. Previous studies have predominantly examined specific aspects of family law reform, such as marriage, divorce, or judicial institutions, without comprehensively integrating the dimensions of legal systems, judicial institutions, and family rights protection within a comparative analytical framework. This study aims to analyze the reform of Islamic family law in Indonesia and Malaysia by comparing their legal systems, judicial institutions, and legal policies, as well as examining their implications for the protection of family rights. This research employs normative legal research using statutory, conceptual, and comparative approaches. Legal materials consist of legislation, judicial decisions, books, and recent scholarly articles on Islamic family law reform. The collected materials were analyzed qualitatively through comparative legal analysis. The findings reveal that Indonesia adopts a codified and nationally unified legal system that emphasizes legal certainty, whereas Malaysia applies a decentralized model that grants broader judicial discretion to the Syariah Courts. These differences significantly influence the regulation of marriage, polygamy, divorce, matrimonial property, and child custody, while both systems share the common objective of strengthening the protection of women’s and children’s rights. This study proposes an Integrative Islamic Family Law Reform Model, which synthesizes legal certainty, judicial flexibility, and family rights protection into a comprehensive conceptual framework for future Islamic family law reform in Muslim-majority countries. The study contributes to the development of comparative Islamic family law by demonstrating that effective legal reform requires the harmonization of legal substance, judicial institutions, and legal culture.
Islamic Family Law in Tunisia: Reforms, Characteristics, and Challenges Mala Hayati; Rahma Zulkhairi Yati; Aulil Amri; Putri Azizah; Henri Bimawan; Inayatul Fitri
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.244

Abstract

Tunisia is a country in North Africa with a Muslim majority population that underwent significant reforms in family law after independence in 1956 through the passage of the Code du Statute Personnel (CSP). The reform is known to be progressive because it promotes gender equality and the protection of women's rights, while remaining grounded in Islamic values. Previous studies have focused more on normative aspects or described Tunisia as a model for family law reform in the Islamic world, but there is still limited research that explores the characteristics of this reform in a socio-political context, especially after the 2011 Revolution. This study uses a literature review method with a descriptive-qualitative approach to analyze regulations related to marriage, divorce, marital rights and obligations, and inheritance in Tunisian family law. The results of the study show that the reform of family law in Tunisia is marked by a balance between the principles of modernity and religious tradition, which is reflected in egalitarian policies towards women and restrictions on discriminatory practices in the family. These findings affirm Tunisia's position as a pioneer of Islamic family law reform with a distinctive model, while revealing the dynamics and challenges that arose in its implementation after the 2011 Revolution. This research provides an academic contribution in the form of a critical analysis of the Tunisian experience which can be an important reference for the development of Islamic family law in other Muslim countries.
Reform and Codification of Islamic Family Law in Turkey: From The Ottoman Law of Family Rights to the Turkish Civil Code of 1926 Zikry Rahmatillah; Ziyad Alrawasdeh; Rahmat Tarmizi; Aulil Amri; Noor Fadillah Hayatusyifa; Firli Jundy Liza; Nur Lizawati
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.v2i4.246

Abstract

The reform of Islamic family law is a strategic issue in response to social, cultural, and legal justice changes in Muslim countries. Turkey became one of the most prominent examples of radical reforms to its family law through the transition from the fiqh system of the Hanafi school of fiqh and The Ottoman Law of Family Rights (1917) to the Turkish Civil Code (1926) which adopted the Swiss Civil Code and affirmed the separation between religion and state. This study aims to analyze the process of reform and codification of Islamic family law in Turkey and its implications for the structure and substance of family law. The research method used is qualitative descriptive with a literature review approach to books, scientific articles, and relevant laws and regulations. The results show that family law reform in Turkey has led to fundamental changes, including the prohibition of polygamy, the equality of the rights of men and women in divorce and inheritance, and the strengthening of legal protection for women and children within the framework of secular civil law. These findings show that the reform of family law in Turkey is a form of adaptation of Islamic law to the modern state system without completely negating Islamic moral values. Based on these results, this study recommends that Muslim countries that carry out family law reforms consider a contextual and gradual approach, while maintaining a balance between the principles of justice, protection of human rights, and Islamic values that live in society.
Consumer Protection in E-Commerce Transactions From the Perspective of Fiqh Jinayah Sumardi Efendi; Aulil Amri; Sufrizal Sufrizal; Tabsyir Masykar
AT-TASYRI': JURNAL ILMIAH PRODI MUAMALAH Vol. 17 No. 2 (2025): At-Tasyri': Jurnal Ilmiah Prodi Muamalah
Publisher : Prodi Hukum Ekonomi Syariah STAIN Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/47kc6n88

Abstract

The rapid development of e-commerce transactions in the digital era has brought significant convenience to society; however, it has also generated various legal issues that potentially harm consumers, such as fraud, lack of transparency of information, gharar (uncertainty), and the misuse of personal data. This study aims to analyze the concept of consumer protection in e-commerce transactions from the perspective of fiqh jinayah and to examine its relevance in strengthening consumer legal protection. The research employs a qualitative method with a normative approach through library research by examining sources of Islamic law, fiqh principles, as well as scholarly literature and regulations related to consumer protection and electronic transactions. The findings indicate that fiqh jinayah categorizes violations in e-commerce transactions as unlawful acts (jarīmah), particularly those involving tadlīs (deception), gharar, and harmful conduct (ḍarar), as they contradict the principles of justice and the protection of property (ḥifẓ al-māl). Furthermore, fiqh jinayah provides a flexible and contextual mechanism of ta‘zīr sanctions aimed at creating a deterrent effect, ensuring preventive protection, and promoting restorative justice for affected consumers. This study concludes that integrating the principles of fiqh jinayah with positive law can strengthen a fair, ethical, and Islamic value-based system of consumer protection in e-commerce.
Co-Authors Fakhrurrazi M. Yunus Firli Jundy Liza Henri Bimawan Inayatul Fitri Mala Hayati Manuel Beltrán Genovés Noor Asya Noor Fadillah Hayatusyifa Nur Lizawati Nur Syahirah Binti Mohammad Nasir Putri Azizah Rahma Zulkhairi Yati Rahmat Tarmizi Sufrizal Sufrizal Sumardi Efendi Tabsyir Masykar Veronita Indira Jayatri Yasrina Esia Nur Zikry Rahmatillah Ziyad Alrawasdeh