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All Journal Mawaddah: Jurnal Hukum Keluarga Islam Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law
Muhammad Husni Abdulah Pakarti
Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya, Indonesia
Religion Law, Crime, Criminology & Criminal Justice Other

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Childfree as a Modern Life Option: An Analysis of Islamic Law and Psychology on Contemporary Social Phenomena Muhammad Husni Abdulah Pakarti; Ija Suntana; Irfan Fahmi; Encup Supriatna; Yernar Yessimkulov
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.434

Abstract

The phenomenon of childfree or the conscious decision not to have children is becoming an increasingly prominent social issue in modern society, including in Indonesia. This decision gave rise to normative, moral, and psychological debates in society based on religious values. This study aims to analyze the phenomenon of childfree from the perspective of Islamic law and psychology, in order to understand how this life choice can be accepted or rejected within the framework of religious values and individual psychological well-being. The research uses a qualitative approach with the library research method through descriptive analysis of Islamic legal literature, maqāṣid al-syarī'ah theory, and studies of modern psychology and Islamic psychology. The results of the study show that in Islamic law, childfree can be categorized as a decision that is mubah as long as it is based on considerations of benefits such as health, emotional stability, or economic factors, and does not contradict the principles of maqāṣid al-syarī'ah. From a psychological perspective, these decisions are closely related to the factors of mental readiness, social pressure, and the need for self-actualization that reflect the process of finding a balance in life and personal happiness. Meanwhile, from the socio-religious side, this phenomenon still causes stigma because it is considered deviant from cultural norms and religious values that place children as a symbol of family success. Thus, the phenomenon of childfree requires a holistic and moderate approach in order to understand the proportionate relationship between individual freedom, social welfare, and Islamic spiritual values.
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.
Transformation of Child Status: From Adopted Child to Child in Review of Positive Law and Islamic Law Siti Nadiya; Zahratus Syaidah Nasution; Muhammad Husni Abdulah Pakarti
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.43

Abstract

Adoption refers to the act of taking a child who is not your biological child and making him your own child. The process of adopting a child must be carried out through legal procedures. When adopting a child, it is necessary to pay attention to existing law, namely from an Islamic legal perspective and from a state legal perspective. In this research, the law and the process of adopting a child are discussed according to Islam and state law. This research uses a library study method where the researcher relies on sources of information from literature as the main source. This research focuses on analyzing existing data or texts, not field data or information obtained directly from experience or eyewitnesses. Researchers only interact with sources available in the library or existing secondary data. The results of this study reveal the Islamic view of someone adopting a child and what laws apply in the process of adopting a child.
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 Burhan Latip Diana Farid Ija Suntana Irfan Fahmi Muhammad Zakir Husain Naimah Mohamad Nasir Nik Salida Suhaila Nik Saleh Normadiah Daud Nurfadhilah Nahe Siti Nadiya Supriatna, Encup Yerik Tungatarov Yernar Yessimkulov Zahratus Syaidah Nasution