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Customary Law and Islamic Family Law in Resolving Out of Wedlock Pregnancy: A Socio Legal Study Luthfia Aunie Cahyandari; Widiya Yul; Faizin Faizin
ARMADA : Jurnal Penelitian Multidisiplin Vol. 4 No. 7 (2026): ARMADA : Jurnal Penelitian Multidisplin, July 2026
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/armada.v4i7.2722

Abstract

Out-of-wedlock pregnancy presents a complex socio-legal challenge within Indonesia’s plural legal system. In many Muslim communities, dispute resolution extends beyond state law and Islamic family law to include living customary norms. This study examines how customary law interacts with Islamic family law in resolving out-of-wedlock pregnancy cases. Using a socio-legal field approach, data were collected through interviews, observation, and documentation in Tambak Tinggi Village, Kerinci Regency. The findings reveal that customary law operates through deliberative mechanisms emphasizing accountability, restoration of family honor, and social reintegration through customary fines and communal reconciliation rituals. Rather than competing with Islamic family law, customary law complements it by encouraging marriage, affirming male responsibility, and safeguarding women and children. This study argues that the coexistence of customary law and Islamic family law reflects a context-sensitive model of restorative justice within Indonesia’s legal pluralism. The article contributes to socio-legal scholarship by demonstrating how local normative orders remain relevant in addressing contemporary family disputes.
An Evaluation of Class Classification Strategies to Improve Qira’ah Skills: Stratifikasi Kelas dan Kemahiran Membaca Al-Qur'an di Ma'had Al-Jami'ah: Evaluasi Kualitatif M. Jais Kaharudin; widiya yul; Riko Andrian
ELOQUENCE : Journal of Foreign Language Vol. 4 No. 3 (2025): DECEMBER
Publisher : Language Development Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58194/eloquence.v4i3.3019

Abstract

Background : Reading Arabic texts (Qira’ah) is a fundamental skill in Arabic language learning, particularly within Islamic higher education. However, diverse levels of student proficiency often result in learning gaps that hinder instructional effectiveness. To address this, class classification strategies based on initial Arabic ability have been introduced as a pedagogical innovation to enhance differentiated instruction and equitable learning outcomes. Objective: This study aims to critically evaluate the effectiveness of class classification strategies in improving students’ Qira’ah proficiency and to identify pedagogical factors that support or hinder the successful implementation of this approach. Method : This study employed a qualitative descriptive method, utilizing interviews and classroom observations as the primary tools for data collection. The participants consisted of eight Arabic language instructors and twenty students representing various proficiency levels. The data were analyzed thematically to identify patterns in learning experiences and instructional effectiveness across different class categories. Results and Discussion :The findings indicate that diagnostic assessments effectively support student placement, allowing instructional materials to align with learners’ linguistic readiness. Beginner students showed marked improvement in vocabulary mastery and comprehension, while advanced students benefited from authentic text engagement and analytical exercises. Nevertheless, limited class mobility and uneven progression across levels constrained the system’s overall effectiveness. Conclusion and Implications : Adaptive and context-based class classification strategies are essential to enhancing Qira’ah competence. The study recommends continuous formative assessment, mentoring systems involving peer tutors, and targeted teacher training to ensure sustainable improvement. These findings contribute to the development of more inclusive and responsive Arabic pedagogy in Islamic higher education.
The Application of Tengganai Permission in Traditional Marriage Processes: A Review of Al-‘Adah al-Muhakkamah Yumna Sakinah Lubis; Widiya Yul; Masrur Masrur
International Journal of Multidisciplinary Research of Higher Education Vol 9 No 2 (2026): (April) Theme Education, Religion Studies, Social Sciences, STEM and Economic Dev
Publisher : Islamic Studies and Development Center in Collaboration With Students' Research Center Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/ijmurhica.v9i2.530

Abstract

Indonesia possesses a diverse array of customary laws that remain vibrant and evolving within its communities. However, not all customary legal practices can automatically serve as a legal basis from an Islamic legal perspective. This study aims to fill a gap in the literature by explaining how the principle of al-‘Adah al-Muhakkamah views the application of customary law as practiced in society, particularly in the context of customary marriage. This study employs a qualitative method using a case study approach, with data collection techniques including interviews, observations, and document analysis. The research location is in a specific region within Jambi Province, Indonesia. The findings reveal that the customary law in effect among a particular community group in the Jambi region requires a letter of permission (tengganai permit) as one of the administrative prerequisites for processing a marriage referral letter at the village level. From the perspective of al-‘Adah al-Muhakkamah, this customary practice does not conflict with Islamic law; it applies generally to the community, is consistently enforced, and has been passed down through generations. In addition to serving as an administrative formality, the requirement for a tengganai permit also functions as a protective mechanism for women and nieces, as well as a form of customary social control to ensure the man’s responsibility before the marriage takes place. The implications of this research indicate that the implementation of the tengganai permit can serve as a model for integrating customary law and Islamic law that safeguards the welfare and dignity of marriage. Furthermore, this practice underscores the importance of local wisdom as a social protection mechanism that aligns with religious principles and state regulations.
Primary Breadwinner Wives and Muslim Family Welfare: A Maqasid Framework Nurul Putri Nafa; Widiya Yul
International Journal of Multidisciplinary Research of Higher Education Vol 9 No 4 (2026): In progress (Theme Education, Religion Studies, Social Sciences, STEM and Economi
Publisher : Islamic Studies and Development Center in Collaboration With Students' Research Center Universitas Negeri Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24036/ijmurhica.v9i4.608

Abstract

The phenomenon of wives serving as primary breadwinners has become increasingly prevalent in Muslim families due to socio-economic changes and shifting gender roles. Previous studies have generally examined this issue from legal, economic, or gender perspectives separately, while comprehensive analyses based on Maqasid al-Shariah remain limited. This article employs a qualitative method using content analysis. The data consist of scholarly literature on Islamic family law, gender studies, family well-being, and contemporary Maqasid al-Shariah discourse, which were analyzed to examine the role of wives as primary breadwinners and to formulate a conceptual model of Muslim family well-being based on Maqasid al-Shariah. The data were analyzed using content analysis through the five dimensions of Maqasid al-Shariah: protection of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), progeny (hifz al-nasl), and wealth (hifz al-mal). The findings indicate that wives’ economic contributions can strengthen family resilience and well-being, while also creating challenges such as double burdens, psychosocial pressures, and patriarchal resistance Wives as primary breadwinners can be recognized as a legitimate form of social adaptation within Muslim families, aligning with the objectives of Maqasid al-Shariah when balance across its five dimensions is sustained; the proposed multidimensional model thus offers practical guidance for strengthening family policy, empowerment initiatives, and household resilience.
FROM “MARRIAGE IS SCARRY” TO THE READINESS GAP: GEN Z’S MARRIAGE ANXIETY AND THE NORMATIVE RESPONSIVENESS OF ISLAMIC FAMILY LAW IN PEKANBARU Devita Anggraini; Widiya Yul
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.547

Abstract

Generation Z in the digital era is experiencing a shift in perceptions of marriage, reflected in the “Marriage is Scary” discourse circulating on platforms such as TikTok and Instagram. In this study, the term does not denote rejection of marriage but refers to apprehension expressed through postponement, economic concerns, relational uncertainty, and trauma-related considerations. This study aims to analyze Generation Z’s perceptions of marriage, identify factors contributing to postponement, and examine their conceptual alignment with Book I of the Compilation of Islamic Law (KHI) as Indonesia’s codified Islamic family law. Using a mixed-methods sequential explanatory design, 100 respondents in Pekanbaru were surveyed, followed by thematic analysis and normative legal review. While 78% consider marriage important and 69% intend to marry, 50% report delaying it primarily due to economic factors, alongside partner uncertainty (25%) and trauma (17%). Qualitative findings show that marriage remains viewed as worship and a meaningful life goal, yet increasingly framed through readiness standards. Normative analysis of Articles 15–18 and 80 of the KHI indicates a conceptual divergence between formal legal validity and the economic and psychological readiness emphasized by respondents. This study highlights shifting standards of marital readiness and examines their alignment with existing legal provisions.