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All Journal Journal of Indonesian Islamic Studies Jurnal Ekonomi, Bisnis, dan Humaniora LAN TABUR: JURNAL EKONOMI SYARIAH Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Achmad Kholiq
Universitas Islam Negeri Siber Syekh Nurjati Cirebon
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Other

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Epistemologi Filsafat Hukum Keluarga dalam Rekonstruksi Pemikiran Normatif pada Masyarakat Modern Rahmad Sujud Hidayat; Achmad Kholiq; Yudi Rijali Muslim
Jurnal Ekonomi, Bisnis dan Humaniora (EKSISHUM) Vol 5 No 1 (2025): EKSISHUM
Publisher : Universitas Tangerang Raya

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Abstract

The epistemology of the philosophy of family law is an in-depth study of the basics of knowledge, sources of truth, and legal legitimacy that govern family relations in society. In the modern context, social, cultural, and technological dynamics demand a reconstruction of normative thinking in order to keep family law relevant. This paper seeks to analyze the epistemological framework of the philosophy of family law by linking normative traditions, positive law, and universal morality principles. The research method used is a literature study with a philosophical-normative approach. The results of the study show that the epistemology of family law must be based on rationality, the value of justice, and sensitivity to social change. Thus, modern family law needs to be continuously reconstructed to maintain a balance between traditional values and the needs of contemporary society.
Economic Exploitation and Wali Adhal in Islamic Marriage: A Socio-Legal Study from Indramayu, Indonesia Reza Fajri Hidayat; Achmad Kholiq
Journal of Indonesian Islamic Studies Vol. 5 No. 2 (2026): Journal of Indonesian Islamic Studies (April)
Publisher : Postgraduate Program of the State Islamic Institute of Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/jiis.v5i2.10962

Abstract

This study examines the phenomenon of wali adhal in Islamic marriage through a socio-legal analysis of a case in Pilangsari Village, Indramayu, Indonesia. While previous studies have primarily focused on the legal aspects of guardianship refusal and judicial mechanisms for transferring guardianship authority, limited attention has been given to economic exploitation as a motive underlying marriage obstruction. This research aims to analyze how economic interests shape guardianship practices and influence women’s access to marriage and legal protection. Employing a qualitative empirical legal research design with a socio-legal approach, data were collected through in-depth interviews, participant observation, and document analysis involving the prospective bride, prospective groom, lineage guardian, family members, community leaders, and officials from the local Office of Religious Affairs (KUA). The findings reveal that the guardian’s refusal to approve the marriage constituted wali adhal because it was not based on legitimate Islamic legal considerations but rather on economic motives, including financial demands and efforts to maintain long-standing economic benefits derived from the daughter’s income as an Indonesian migrant worker. The study further demonstrates that economic exploitation was reinforced by patriarchal authority and unequal family power relations, transforming guardianship from a protective institution into a mechanism of economic control. As a consequence, the prospective bride ultimately entered into an unregistered (sirri) marriage after mediation efforts failed. This study contributes to Islamic family law scholarship by introducing economic exploitation as an analytical framework for understanding contemporary manifestations of wali adhal and highlights the importance of strengthening legal literacy, improving access to justice, and enhancing institutional protection for women facing guardianship-related marriage obstruction.
Legal Protection for Endogamous Marriages of The Ahmadiyya Congregation in Manislor Village: A Perspective of Law No. 1 of 1974 Indah Dwi Nurhidayah; Achmad Kholiq; Akhmad Khalimy
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 11 No. 1 (2026): June 2026
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/x37cn807

Abstract

Administrative and social issues in the registration and recognition of endogamous marriages of the Ahmadiyya Community in Manislor Village reflect tensions between state legal norms and socio- religious conditions. According to Law Number 1 of 1974, the validity of a marriage is determined by the applicable religious law and must be registered to ensure legal certainty. However, in practice, the Ahmadiyya Community of Manislor Village faces administrative and social problems related to marriage registration. This study aims to analyze the conformity of the endogamous marriage practices of the Ahmadiyya Community with national legal regulations and to evaluate the importance of legal protection that the state should provide. Using a juridical-sociological and qualitative approach, this research employs a statutory and empirical framework, supported by field data collected in Manislor Village. The results of the study show that, normatively, there is no explicit prohibition on endogamy, but weak enforcement and a mismatch between law and social practice create legal uncertainty. This study concludes that legal protection is needed not to legitimize certain religious teachings, but to ensure citizens' constitutional rights to recognition and legal certainty in family life. This research contributes by formulating a non-discriminatory administrative framework in marriage registration for religious minority groups based on the theory of legal pluralism. Keywords: Endogamous Marriage; Ahmadiyya Congregation; Marriage Law
Empowering Productive Zakat through Capability Building for the Improvement of the Welfare of Mustahik (Case Study at the Cirebon City and Regency Baznas) Dody Dahwana Putra; Achmad Kholiq; Abdul Aziz; Ayus Ahmad Yusuf
Lan Tabur: JURNAL EKONOMI SYARIAH Vol. 8 No. 1 (2026): September
Publisher : LAN TABUR: Jurnal Ekonomi Syariah The Islamic University of KH. Achmad Muzakki Syah Jember, East Java. Jember Jln. Manggar Gebang Poreng 139A Patrang Jember Jawa Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/lt.v8i1.248

Abstract

Introduction: Productive zakat has increasingly become an important instrument for poverty alleviation by transforming the role of zakat from consumptive assistance into a sustainable empowerment mechanism. The success of productive zakat programs depends not only on the provision of business capital but also on strengthening the capabilities of mustahik to improve their entrepreneurial competence, financial management, and economic independence. This study aims to analyze the empowerment of productive zakat through capacity strengthening in improving the welfare of mustahik at the National Amil Zakat Agency (BAZNAS) of Cirebon City and Cirebon Regency. Methods: This study employed a qualitative case study approach. Data were collected through in-depth interviews, observation, and documentation involving BAZNAS administrators, program facilitators, and productive zakat beneficiaries. The collected data were analyzed using the interactive model of data analysis, including data reduction, data display, and conclusion drawing to identify patterns of empowerment and their implications for mustahik welfare. Results: The findings indicate that productive zakat contributes positively to improving the economic welfare of mustahik through business capital assistance accompanied by entrepreneurial mentoring, financial literacy, and capacity-building activities. Strengthened capabilities enable beneficiaries to enhance business productivity, increase household income, and gradually achieve greater economic self-reliance. Nevertheless, differences in mentoring intensity, managerial capacity, and market accessibility remain challenges affecting the sustainability of productive zakat outcomes. Conclusion and Suggestion: The study concludes that strengthening the capabilities of mustahik is a fundamental component in optimizing the effectiveness of productive zakat programs. Sustainable mentoring, entrepreneurship development, and collaboration among stakeholders should be enhanced to maximize the long-term impact of zakat empowerment programs and support the transformation of mustahik into economically independent members of society
Co-Authors Abdul Aziz Akhmad Khalimy Ayus Ahmad Yusuf Dody Dahwana Putra Indah Dwi Nurhidayah Rahmad Sujud Hidayat Reza Fajri Hidayat Yudi Rijali Muslim