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All Journal Syariah: Jurnal Hukum dan Pemikiran Mawaddah: Jurnal Hukum Keluarga Islam
Nahdia Nazmi
Universitas Islam Negeri Antasari Banjarmasin
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Rezim Harta Perkawinan dalam Hukum Islam: Analisis Perbandingan Mazhab dan Integrasinya ke dalam Tata Kelola Ekonomi Islam Modern Ahmad Mubarak; Nahdia Nazmi; Muhamad Rahmani Abduh; Nurul Azkia; Novy Listiana; Iqnaul Umam Ashidiqi
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.20553

Abstract

The economic transformation of contemporary Muslim families has significantly reshaped the ownership, management, and distribution of property within marriage. This development has generated legal tension where classical fiqh, which generally upholds separate ownership between spouses, confronts the realities of dual-income households, women’s economic contribution, and increasing state intervention in the pursuit of family justice. Marital property must therefore be understood not merely as a matter of private law, but as an issue located at the intersection of Islamic family law, Islamic economic law, comparative madhhab analysis, and state legal governance. This article aims to analyse the normative construction of marital property regimes across the Sunni madhhabs, examine their integration into modern state law, and formulate a more just and context-sensitive conceptual model. The study employs a qualitative legal research design based on a doctrinal-comparative approach, complemented by a limited socio-legal perspective. Data were collected through systematic library research and documentary legal research, and analysed through qualitative content analysis, comparative legal analysis, and normative-constructive analysis. The findings show that classical Islamic law does not recognise the automatic fusion of property by virtue of marriage, yet it provides normative resources through milkiyyah, shirkah, ‘urf, nafaqah, and maqāṣid al-sharīʿah to acknowledge entitlements arising from both direct and indirect contribution. The central problem lies not in the absence of Islamic norms, but in the weak translation of those norms into fair adjudicative methods and state policy. This article proposes a maqāṣid-based relational marital property regime that balances individual ownership, economic and domestic contribution, the social function of family assets, and equitable adjustment. It concludes that reform of marital property law should move towards interpretations that are more responsive to contribution, child protection, and the economic governance of modern Muslim families.
Legal Implications of Children Resulting from Free Sex "One Night Stand" in Indonesian Legal System Nahdia Nazmi; Ahmad Mubarak; Laila Amalia; Najla Amali; Nazwatika Maulidhiya
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.28

Abstract

The phenomenon of sexual relations without a marriage bond (one night stand) is increasing in urban communities, especially among teenagers and young adults, and has the potential to give birth to children out of wedlock who face legal problems related to the recognition of nasab, civil rights, and administrative status. This study aims to analyze the construction of legal protection for children born from these relationships in the Indonesian legal system. The method used is normative juridical research with a legislative and conceptual approach through literature studies. Legal sources analyzed include provisions in the Marriage Law, population administration law, criminal law, and important jurisprudence such as the Constitutional Court Decision No. 46/PUU-VIII/2010 which expands the civil relationship of children out of wedlock with their biological father based on scientific evidence and other valid evidence. The results of the study show that normatively the state has provided legal protection instruments for children out of wedlock, both through the recognition of civil relations and the guarantee of population administration rights. However, implementation in the field still faces obstacles in the form of social stigma, regulatory disharmony, as well as obstacles to proof and administrative procedures that are not fully child-friendly. It is concluded that legal protection of children born from non-marital relationships has undergone progressive development, but has not been optimal in practice. Therefore, this study recommends harmonizing regulations across sectors, simplifying administrative procedures for child recognition, and strengthening a non-discriminatory approach based on children's rights in law enforcement policies and practices.
Co-Authors Ahmad Mubarak Iqnaul Umam Ashidiqi Laila Amalia Muhamad Rahmani Abduh Najla Amali Nazwatika Maulidhiya Novy Listiana Nurul Azkia