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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan 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 Social Sciences 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.
Interfaith Marriage in Indonesia: Juridical Challenges and Human Rights Perspectives Ais Surasa; Ramdani Wahyu Sururie; Najib A. Gisymar; Mohammad Syaiful Aris; Diana Farid; Muhammad Husni Abdulah Pakarti
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.11071

Abstract

Interfaith marriage refers to a union between two individuals who adhere to different religions and remains a complex issue within the Indonesian legal system. Legally, Law No. 1 of 1974 on Marriage does not explicitly regulate interfaith unions. However, Article 2(1) of the law states that a marriage is valid if conducted by the religious laws and beliefs of the parties involved. This commonly means that interfaith marriages lack legal recognition in Indonesia. This interpretation is further reinforced by the issuance of Supreme Court Circular Letter (SEMA) No. 2 of 2023. This study adopts a normative juridical method with a descriptive qualitative approach. Primary data were obtained from the Marriage Law, the Compilation of Islamic Law, fatwas issued by the Indonesian Ulema Council (MUI), Muhammadiyah, Nahdlatul Ulama (NU), and SEMA No. 2 of 2023. Secondary data were gathered from legal literature, court decisions, and scholarly articles. The findings indicate that, under Article 2(1) of the Marriage Law, interfaith marriages are deemed invalid under Indonesian national law. However, from a human rights perspective—as stipulated in Article 16 of the Universal Declaration of Human Rights (UDHR) and Article 28B(1) of the 1945 Constitution—every individual has the right to marry regardless of religious affiliation. This study also outlines several legal alternatives available to interfaith couples seeking to formalize their marriage, including filing a court petition, temporarily adhering to one partner’s religious law, or marrying abroad. The legal implications of interfaith marriage include issues related to its validity, administrative registration, children's legal status, and both spouses' civil rights.
Co-Authors Ais Surasa Burhan Latip Diana Farid Ija Suntana Irfan Fahmi Mohammad Syaiful Aris Muhammad Zakir Husain Najib A. Gisymar Nik Salida Suhaila Nik Saleh Normadiah Daud Ramdani Wahyu Sururie Siti Nadiya Supriatna, Encup Yernar Yessimkulov Zahratus Syaidah Nasution