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All Journal LEX FAMILIA: Journal of Islamic Family Law
Samsul Bahri
STIS As-Sa’adah Sukasari Sumedang

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Fenomena Fatherless di Indonesia dan Urgensi Rekonstruksi Syarat Hadanah: Tinjauan Sosiologi Hukum Islam Nandu Riana; Yudi Wahyudin; Encum Sumirah; Samsul Bahri; Ahmad Nurjaman
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
Publisher : Penerbit Lestari Sakha Pustaka

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Abstract

The fatherless phenomenon in Indonesia has become a concerning social problem, where many children grow up without the emotional and psychological involvement of their fathers in parenting. This study aims to: first, analyze the fatherless phenomenon and its contributing factors within the context of Islamic family law; second, examine the relevance of hadanah requirements in classical fiqh and Indonesian positive law to contemporary social realities; and third, formulate a reconstruction concept of hadanah requirements based on the sociology of Islamic law. This study employs a normative legal research method with a sociology of Islamic law approach, utilizing primary and secondary legal materials analyzed qualitatively through content analysis within the framework of maqāṣid sharī'ah theory. The findings reveal that the fatherless phenomenon is caused by multidimensional factors including divorce, irresponsible fathers, and emotional absence, which correlate with long-term psychological impacts such as midlife crisis. Article 105 of the Compilation of Islamic Law proves inadequate as it only regulates physical-material aspects of custody without incorporating indicators of parental emotional involvement. The proposed reconstruction encompasses three integrative dimensions: a normative dimension adding emotional and psychological involvement requirements, an institutional dimension implementing shared parenting models, and an implementative dimension developing post-verdict monitoring mechanisms, all grounded in maqāṣid sharī'ah and maslahah principles.
Analisis Yuridis Penggunaan Mediator Non-Sertifikasi dalam Proses Mediasi Perkara Perdata di Pengadilan Negeri Sumedang Hilda Emillia; Yasfi Lubnatul Aulia; Sofi Nurmala; Nur Aulia Husaeni; Samsul Bahri
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
Publisher : Penerbit Lestari Sakha Pustaka

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Mediation is a mandatory procedure in resolving civil cases at the court of first instance as regulated in Supreme Court Regulation (PERMA) Number 1 of 2016. The regulation requires mediators to possess a mediator certificate; however, in practice, many courts face a shortage of certified mediators, leading to the use of non-certified mediators. This study aims to analyze the legal basis and mechanisms for utilizing non-certified mediators, examine the juridical implications on the validity of the mediation process and court decisions, and identify obstacles and legal solutions at the Sumedang District Court. The research employs an empirical juridical method with a descriptive analytical approach. Primary data were obtained through interviews and observations at the Sumedang District Court, while secondary data were gathered through literature review. The findings reveal that the use of non-certified mediators holds legal legitimacy under Article 13 paragraph (2) of PERMA Number 1 of 2016, which permits non-certified judges to serve as mediators based on a decree issued by the chief justice of the court. Formally, the mediation process and resulting decisions remain legally valid; however, substantively, the quality of mediation is lower due to limited mediator skills, rendering mediation merely a procedural formality. Identified obstacles include insufficient mediator competence, limited time of judges serving dual roles as mediators, lack of good faith from the parties, inadequate mediation facilities, and unsupportive legal culture. Recommended solutions encompass expanding mediator certification programs, empowering certified non-judge mediators, improving facilities, and disseminating the benefits of mediation to the public.
Perbandingan Konsep Talak Menurut Fikih Klasik dan Kompilasi Hukum Islam Fajar Durun Nafis; Iip Nur Fahmi; Zulfa Adzillan Nuha; Samsul Bahri; Novi Laela Sugiman
LEX FAMILIA: Journal of Islamic Family Law Vol. 1 No. 2 (2026): LEX FAMILIA: Journal of Islamic Family Law (Juli-Desember)
Publisher : Penerbit Lestari Sakha Pustaka

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Talaq is one of the instruments for the dissolution of marriage regulated both in classical fiqh and the Compilation of Islamic Law (KHI). The conceptual differences between the two often create problems among Indonesian society. This study aims to analyze and compare the concept of talaq according to classical fiqh and KHI comprehensively, covering aspects of definition, conditions and pillars, classification, procedures, and legal consequences of talaq. This is a normative legal research employing statutory, conceptual, and comparative approaches. Data sources consist of primary legal materials including KHI, Law No. 1 of 1974, and classical fiqh books, as well as secondary legal materials comprising journals and related literature. Data analysis was conducted using qualitative descriptive-analytical methods. The findings reveal that classical fiqh and KHI share similarities in the classification of talaq types but differ fundamentally in three aspects: first, classical fiqh positions talaq as the husband's prerogative right exercisable without court involvement, whereas KHI requires the talaq pledge before the Religious Court; second, triple talaq pronounced simultaneously is considered valid as three by the majority of classical fiqh scholars, while KHI counts it as one; third, the wife's post-divorce rights under KHI are only guaranteed through court mechanisms. The transformation from classical fiqh to KHI represents a legal development oriented toward public interest and the protection of women's rights.
Co-Authors Ahmad Nurjaman Encum Sumirah Fajar Durun Nafis Hilda Emillia Iip Nur Fahmi Nandu Riana Novi Laela Sugiman Nur Aulia Husaeni Sofi Nurmala Yasfi Lubnatul Aulia Yudi Wahyudin Zulfa Adzillan Nuha