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All Journal ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Illian Hikma
Universitas Islam Negeri Ar-Raniry
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Harta Bersama dalam Sistem Kewarisan Islam: Perspektif Gender terhadap Hukum Islam Klasik Ferdian Ferdian; Muliadi Muliadi; Firmansyah Firmansyah; Nanta Septia; Illian Hikma
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 3 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/25nmm359

Abstract

Women's contribution to household economic development has become increasingly significant; however, classical Islamic inheritance law does not yet accommodate the concept of jointly acquired property fairly. In classical fiqh, inheritance is distributed without considering the productive role of wives during marriage, leading to gender-based inequality in practice. This study aims to examine the position of jointly acquired property within the classical Islamic inheritance system and evaluate to what extent it reflects gender justice. Using a library research method with a normative-theological approach and a gender perspective, this study finds that classical inheritance law positions wives solely as heirs, not as rightful co-owners of marital property. As a result, women's economic rights are often marginalized after the death of their husbands. A normative reinterpretation of fiqh is therefore necessary, utilizing the framework of maqāṣid al-sharī‘ah, particularly the principles of justice (al-‘adl) and public interest (al-maṣlaḥah), to include joint property as a form of substantive justice. This finding encourages Islamic legal reform to be more responsive to social realities and gender equality.
Marital Rape dalam Perspektif  Hukum Islam dan Hukum Positif Indonesia: Reinterpretasi Hak Seksual dalam Pernikahan Firmansyah Firmansyah; Muliadi Muliadi; Ferdian Ferdian; Nanta Septia; Illian Hikma
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Article in Press
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/ssstq839

Abstract

Marital rape, or forced sexual intercourse within marriage, is a sensitive issue that remains rarely discussed openly, particularly within the framework of classical Islamic law. Traditional fiqh literature often positions sexual relations as the husband’s absolute right, which the wife is obligated to fulfill, and her refusal is frequently labeled as nusyūz (disobedience), with consequences on her legal entitlements. However, in modern contexts, the maqāṣid al-sharī‘ah (higher objectives of Islamic law) approach emphasizes the protection of life, dignity, and bodily autonomy within marital relations. This study aims to examine the concept of marital rape from the perspectives of both classical and contemporary Islamic law, while also comparing it with the provisions of Indonesia’s positive law, particularly Law No. 23 of 2004 on the Elimination of Domestic Violence and Law No. 12 of 2022 on Sexual Violence Crimes. Using a qualitative library research method, the study finds that marital rape contradicts both the ethical foundations of Islamic law and the constitutional principles of national law. Thus, there is an urgent need for reinterpretation of religious texts and stronger law enforcement to ensure justice and protection for women within the institution of marriage.
Co-Authors Ferdian Ferdian Firmansyah Firmansyah Muliadi Muliadi Nanta Septia