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All Journal Journal of Indonesian Islamic Studies Jurnal Ekonomi, Bisnis, dan Humaniora Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Achmad Kholiq
Universitas Islam Negeri Siber Syekh Nurjati Cirebon
Religion Humanities 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
Co-Authors Akhmad Khalimy Indah Dwi Nurhidayah Rahmad Sujud Hidayat Reza Fajri Hidayat Yudi Rijali Muslim