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All Journal Teosofia: Indonesian Journal of Islamic Mysticism USRATY : Journal of Islamic Family Law Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Muhammad Nasrulloh
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Domestic Violence Law and Maqāṣid al-Syarī’ah in Protecting Families from Psychological Violence Iffaty Nasyi’ah; Muhammad Nasrulloh; Zummy Humairoh; Fakhruddin Fakhruddin; Rafeah Saidon
Unnes Law Journal Vol. 12 No. 1 (2026): Transforming Law and Protecting Rights: Contemporary Issues in Legal Reform an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v12i1.48249

Abstract

This study aims to reconstruct protection against psychological violence under Article 7 of the Domestic Violence Eradication Law through the perspective of Maqāṣid al-Syarī‘ah to strengthen legal certainty and improve victim protection. The study is motivated by the vague indicators of psychological violence, which weaken evidentiary standards and create inconsistent law enforcement. This research employs normative legal research using statutory and conceptual approaches analyzed descriptively and analytically. The findings show that psychological violence produces multidimensional impacts on the objectives of Maqāṣid al-Syarī‘ah. At the level of ḍarūriyyāt, it harms life through mental disorders, weakens intellect through cognitive distortion, disrupts religion through spiritual crises, damages lineage through psychological trauma, and reduces economic stability. At the level of ḥājiyyāt, it causes emotional distress and impairs social functioning, while at the level of taḥsīniyyāt, it degrades ethics, morality, and family relationships. Conversely, stronger psychological protection supports mental stability, religious observance, intellectual functioning, generational resilience, economic productivity, and harmonious family relations. This study confirms that the integration of Article 7 of the Domestic Violence Law with Maqāṣid al-Syarī‘ah strengthens psychological protection through preventive, repressive, and restorative approaches oriented toward public welfare and the protection of human dignity. The novelty of this research lies in integrating positive legal norms with Maqāṣid al-Syarī‘ah to formulate a comprehensive psychological protection model.
Between Recognition and Legitimization: Women’s and Children’s Rights in Indonesia’s Extra-Judicial Divorce Muhammad Nasrulloh; Navisatul Zahro; Fikri Ahmad Islami; Faridatus Suhadak; Zummy Humairoh; Rafeah Saidon
USRATY : Journal of Islamic Family Law Vol. 4 No. 1 (2026): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v4i1.11110

Abstract

This study aims to examine the tension between the religious recognition of extra-judicial divorce under Islamic jurisprudence and its legitimization under Indonesia’s positive law, concerning the protection of women’s and children’s rights. The study employs normative legal research using statutory, conceptual, and case approaches, supported by qualitative analysis based on maṣlaḥah and maqāṣid al-sharī‘ah. The findings demonstrate that the dualism between Islamic jurisprudence, which recognizes the religious consequences of divorce pronounced outside the court, and positive law, which requires divorce to be determined by a court, creates legal uncertainty concerning marital status, maintenance, child custody, ‘iddah, remarriage, and family law administration. This uncertainty affects women and children by weakening the enforceability of post-divorce rights and obligations. The analysis establishes that religious recognition of divorce occurring outside the court should not be equated with legitimization, because legitimization may undermine judicial oversight and protection of vulnerable members. Judicial confirmation of divorce can instead function as a restorative mechanism that provides legal certainty concerning an occurred divorce without legitimizing extra-judicial divorce as a lawful form. The study concludes that maintaining a clear distinction between recognition and legitimization is essential for reconciling Islamic legal consequences with Indonesia’s positive law while safeguarding women’s and children’s rights. Academically, the study contributes a maṣlaḥah- and maqāṣid al-sharī‘ah-based framework for family law that conceptualizes judicial confirmation of divorce as restorative recognition rather than legal legitimization, offering a rights-sensitive approach to resolving tensions surrounding extra-judicial divorce in Indonesia.
Reconstructing al-Ghazālī's Maqāṣid al-Zawāj: A Cyclical Model of Sufi Ethics and Human Flourishing Muhammad Nasrulloh; Zummy Humairoh; Abdul Hakim; Marsum; Rafeah Saidon
Teosofia: Indonesian Journal of Islamic Mysticism Vol. 15 No. 1 (2026)
Publisher : Fakultas Ushuluddin dan Humaniora - UIN Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/tos.v15i1.33365

Abstract

Contemporary marriage faces changing family values, declining marriage intentions, and increasing marital problems, requiring an understanding of marriage as an ethical, spiritual, and human-development process. This study reconstructs Abū Ḥāmid al-Ghazālī’s conception of maqāṣid al-zawāj in Kitāb Adab al-Nikāḥ of Iḥyāʾ ʿUlūm al-Dīn. Using qualitative library research, content analysis, hermeneutic interpretation, and a maqāṣid al-sharīʿa approach, it identifies five interconnected purposes of marriage: taḥṣīl al-walad, kasr al-shahwah, tarwīḥ al-nafs, tafrīgh al-qalb, and mujāhadat al-nafs. These encompass generational continuity, sexual and moral regulation, psychological tranquility, relief from domestic burdens, and spiritual discipline. Their realization depends on marital ethics, mutual rights and obligations, cooperation, patience, and dignified conflict management. Spouse selection prioritizes religious commitment and moral character, while taṣfiyat al-qulūb and tazkiyat al-nufūs support spiritual development. The study proposes a cyclical model integrating marital purposes, ethical practices, spouse selection, and spiritual cultivation to strengthen family maṣlaḥa, human flourishing, and sustainable family development. Contribution: This article extends the analytical horizon of maqāṣid al-sharīʿa by linking the preservation of essential interests to inner moral formation and the cultivation of a flourishing family life.
Co-Authors Abdul Hakim Fakhruddin Fakhruddin Faridatus Suhadak Fikri Ahmad Islami Iffaty Nasyi’ah Marsum Navisatul Zahro Rafeah Saidon Rafeah Saidon Zummy Humairoh Zummy Humairoh