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All Journal At-Tafkir Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Ahmad Izzuddin
Universitas Islam Negeri Maulana Malik Ibrahim Malang, Indonesia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Gender, Authority, and Islamic Legal Administration: Rethinking Women’s Eligibility as Penghulu in Indonesia Jamiliya Susantin; Yusron Palevi; Wahyuni Danial Khotimah; Ahmad Izzuddin
At-Tafkir Vol. 18 No. 2 (2025): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v18i2.10327

Abstract

The position of penghulu holds a strategic role in the administration of Islamic family law in Indonesia. Although existing state regulations do not explicitly restrict this position based on gender, women’s participation as penghulu remains limited, indicating a gap between legal norms and institutional practice. This research aims to examine the position of female penghulu by clarifying the conceptual distinction between penghulu as an administrative state office and wali hakim as a judicial-religious authority, a distinction that is often blurred in policy implementation and public perception. This study employs a qualitative literature-based approach using normative-critical analysis grounded in legal feminism. The analysis is supported by Buya Husein Muhammad’s gender-responsive Islamic thought and Prof. Hasbi As-Shiddiqi’s concept of Indonesian fiqh, which emphasizes contextual and sociological considerations in Islamic legal interpretation. The findings reveal that obstacles to women’s participation as penghulu do not stem from Islamic legal prohibitions, but rather from public policy designs that conflate administrative and judicial functions, as well as from entrenched patriarchal social constructions. From a fiqh perspective, penghulu is not a pillar (rukun) of marriage, and therefore there is no normative basis requiring the position to be held exclusively by men. Furthermore, female penghulu contribute significantly to premarital education and the protection of women’s rights within marriage. This study concludes that gender-responsive reform in penghulu policy is essential to promoting inclusive, just, and contextually grounded Islamic family law services in Indonesia. Such reform has important implications for strengthening legal certainty, enhancing gender equality, and improving the quality of public religious services within the framework of national Islamic law administration.
The Engagement Tradition within the Perspective of Maqasid al-Shariah: A Case Study of Karangnangka Village, Raas District, Sumenep Regency Kamila Kamila; Nasrulloh Nasrulloh; Ahmad Izzuddin; Thaifur Rasyid
At-Tafkir Vol. 18 No. 2 (2025): At-Tafkir
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/at.v18i2.13922

Abstract

This study examines the practice of bhekalan anak ghik dhalem kandungan, a tradition of matchmaking during pregnancy that is still practiced by some people in Karangnangka Village, Raas District, Sumenep Regency. The focus of the research is directed at the socio-cultural background, the dynamics of implementation, and its relevance in the perspective of Maqasid al-Syariah Imam al-Ghazali. This study uses a qualitative case study approach with interview, observation, and documentation techniques, which are analyzed descriptively and interpretatively. The results show that the practice is understood as a symbolic agreement between families that is not legally binding and still provides space for autonomy for children. From the perspective of Maqasid al-Syariah, this practice is considered legitimate as long as it is oriented toward welfare and does not contain elements of coercion, especially in protecting offspring and property without neglecting the protection of children's rights.
Reconstruction of Absolute Competence of Religious Courts in Criminal Cases of Domestic Violence in Indonesia Ahmad Izzuddin; Ahmad Faiz Shobir Alfikri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.10874

Abstract

The authority of the religious courts in Indonesia in cases of domestic violence is limited to the civil sphere as grounds for divorce. Conversely, the District Court is responsible for resolving cases with criminal elements. This legal fragmentation prevents victims from obtaining comprehensive justice due to the lengthy and complex legal process. This research highlights the legal gap by analyzing the need for reconstruction of the absolute authority of the religious court to handle the criminal aspects of domestic violence cases. This research is a normative legal statutory and conceptual approach. Analysis of legal materials is done by qualitative methods. The results of this research are legal reconstruction offered in the form of expansion of the absolute competence of the religious court in handling the criminal aspects of domestic violence with the authority to provide protection orders to victims during the judicial process and impose criminal sanctions on perpetrators of domestic violence. The success of this reconstruction, based on the analysis of Soerjono Soekanto's theory of legal effectiveness, depends on harmonizing regulations, increasing law enforcement's competence, providing adequate facilities, increasing public legal literacy, and cultural transformation that supports justice and equality. This legal reconstruction contributes to the efficient resolution of domestic violence cases in line with the principles of judicial power, namely the achievement of simple, fast, and low-cost justice.
Co-Authors Ahmad Faiz Shobir Alfikri Jamiliya Susantin Kamila Kamila Nasrulloh Nasrulloh Thaifur Rasyid Wahyuni Danial Khotimah Yusron Palevi