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All Journal USRATY : Journal of Islamic Family Law Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Zummy Humairoh
Ma'had Aly Al-Zamachsyari Malang
Law, Crime, Criminology & Criminal Justice

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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): May, 2026
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.
Co-Authors Fakhruddin Fakhruddin Faridatus Suhadak Fikri Ahmad Islami Iffaty Nasyi’ah Muhammad Nasrulloh Navisatul Zahro Rafeah Saidon Rafeah Saidon