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All Journal Bulletin of Community Engagement Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Itang Itang
UIN Sultan Maulana Hasanuddin Banten, Indonesia
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Islamic Family Law Analysis on Domestic Violence: Implementation of Legal Protection in Banten Mohammad Hifni; Nihayatul Maskuroh; Aspandi Aspandi; Itang Itang; Sayehu Sayehu
Bulletin of Community Engagement Vol. 6 No. 2 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i2.2059

Abstract

This research aims to analyze the implementation of legal protection for domestic violence victims in Banten from the perspective of Islamic family law, focusing on the gap between fiqh norms concerning husband-wife rights and obligations and the practice of legal protection in service institutions. This research employs a qualitative method with a juridical- empirical approach. Data collection was conducted through in-depth interviews with victims, advocates from Women's Advocacy Institutions in Banten, judges at the Serang Religious Court, and counselors from the Office of Religious Affairs (KUA). Participatory observation was carried out during advocacy and mediation processes. Documentation includes court decisions, case records, and policy documents. Data analysis used the Miles and Huberman technique guided by the theory of husband-wife rights and obligations in fiqh munakahah and the concept of maqashid al-shari'ah. The research reveals three main problems: first, partial religious understanding of the concepts of husband's leadership (qiwamah) and nusyuz leads to tolerance of domestic violence; second, service institutions face a dilemma between the mediation approach mandated by fiqh and the need for victim protection; third, religious court decisions in Banten have not fully integrated a victim perspective in proving domestic violence as grounds for divorce. Equitable legal protection requires reinterpretation of equal husband-wife rights and obligations with a maqashid perspective.This article provides a comprehensive analysis of domestic violence legal protection implementation in Banten using the framework of husband-wife rights and obligations in fiqh contextualized through the maqashid al-shari'ah approach, and offers an integration model between fiqh norms and positive legal protection mechanisms.
Persistensi Post-Divorce Women from the Perspective of Islamic Law Wirda Garizahaq; Syafuri Syafuri; Hudaeri Hudaeri; Itang Itang
Bulletin of Community Engagement Vol. 6 No. 2 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i2.2647

Abstract

The divorce in Islamic family law is not merely the termination of a marital bond, but a legal event that produces continuing responsibilities regarding maintenance, dignity, child care, and access to justice. This article examines the gap between the normative recognition of post-divorce rights and their practical fulfillment in Indonesia’s Religious Courts. The study uses normative legal research supported by qualitative document analysis. Primary legal materials include Islamic family law norms, the Marriage Law, the Compilation of Islamic Law, Supreme Court regulations, and human rights instruments. Secondary materials include classical fiqh, maqasid al-shari’ah scholarship, legal protection theory, legal system theory, and empirical studies from 2017-2025. The analysis shows that iddah maintenance, mut’ah, unpaid dower, child maintenance, and hadhanah should be interpreted as instruments of substantive protection rather than discretionary generosity from former husbands. Empirical studies indicate that women’s post-divorce rights often fail because of limited legal literacy, patriarchal legal culture, passive pleadings, inconsistent ex officio judicial authority, and weak enforcement mechanisms. This article argues that post-divorce protection must move from textual entitlement to executable justice through gender-sensitive adjudication, clear rulings, salary deduction mechanisms, institutional interconnection, and community-based legal assistance. In maqasid terms, the protection of divorced women safeguards life, property, lineage, dignity, and family continuity.
Islamic Family Law Analysis of Mixed Marriage and Inheritance: The Legal Status of Children in Banten, Indonesia Hikmatullah Hikmatullah; Ahmad Sanusi; Sayehu Sayehu; Itang Itang; Fandy Adven Lazavietamsi Itang
Bulletin of Community Engagement Vol. 6 No. 2 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i2.1790

Abstract

This article aims to analyze the legal position of children in the context of mixed/interfaith marriage and interreligious inheritance disputes in Banten. The study employs normative legal research with statutory, case, and conceptual approaches, guided by fiqh al munakahat and fiqh al fara’id regarding spouses’ rights and obligations, lineage (nasab), and impediments to inheritance (mawani‘ al irth). Primary materials include (i) Supreme Court Circular Letter (SEMA) No. 2/2023, (ii) Constitutional Court decisions on marriage and child civil relations, (iii) a sample of Banten linked court products such as PN Tangerang determinations on interfaith marriage registration and Supreme Court Decision No. 434 K/AG/2025 connected to PA Tigaraksa and PTA Banten and (iv) Supreme Court jurisprudence on compulsory bequest (waṣiyyah wājibah) for non Muslim heirs. The findings show that: (1) judicial and administrative routes to register interfaith marriage have produced inconsistent outcomes and have been significantly restricted after SEMA No. 2/2023; (2) children’s civil documentation and paternal linkage remain legally possible through mechanisms of recognition and proof, but their position within Islamic inheritance may still be constrained by religious difference; and (3) Indonesian religious court jurisprudence has developed remedial mechanisms (waṣiyyah wājibah and, in certain cases, hibah wājibah) to protect excluded relatives without formally equating them to heirs under fara’id. The article’s novelty lies in integrating Banten specific judicial pathways (civil court determinations and religious court inheritance litigation) with an operational fiqh based analytic framework, producing a coherent protection model for children that remains faithful to both state law and Islamic legal principles.
NAFKAH IN DUAL-EARNER MUSLIM FAMILIES: DISTORTION OF OBLIGATIONS AND THE NORMATIVE VACUUM IN CLASSICAL FIQH Yangto Yangto; Itang Itang
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.15163

Abstract

The transformation of Muslim family structures into dual-earner arrangements has challenged the classical fiqh concept of nafkah, which traditionally assigns financial responsibility exclusively to the husband. In modern contexts, wives increasingly contribute significantly to household income, creating tension between normative doctrine and social reality. This study aims to analyze the construction of nafkah in classical fiqh, examine its practice in dual-earner Muslim families, identify the normative gap in regulating economic roles, and explore its implications for Islamic family law. The research employs a normative juridical method with a socio-legal approach, utilizing conceptual, historical, and Islamic legal sociology perspectives. Primary sources include the Qur’an, Hadith, and classical fiqh texts, while secondary sources consist of reputable academic literature. The findings reveal that classical fiqh was built upon a single-breadwinner assumption and does not provide an explicit framework for shared economic responsibility. This absence creates a normative vacuum, leading to the distortion of nafkah obligations into informal and negotiable arrangements. The study concludes that such distortion is structural rather than moral, indicating the need for a contextual reconstruction of nafkah based on justice and maqāṣid al-syarīʿah. The main contribution of this article lies in proposing a reconstruction of nafkah based on relational justice, proportionality, and maqāṣid al-syarī‘ah as a more adaptive framework for regulating economic responsibilities in contemporary Muslim families.Keywords : Nafkah; Dual-Earner Muslim Family; Classical Fiqh; Normative Vacuum; Islamic Family Law
Co-Authors Ahmad Sanusi Aspandi Aspandi Fandy Adven Lazavietamsi Itang Hikmatullah Hikmatullah Hudaeri Hudaeri Mohammad Hifni Nihayatul Maskuroh Sayehu Sayehu Syafuri Syafuri Wirda Garizahaq Yangto Yangto