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All Journal JURNAL MAHKAMAH Assyfa Journal of Islamic Studies
Iwannudin Iwannudin
Universitas Ma'arif Lampung, Indonesia
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Dynamics of Family Disharmony Without Offspring from The Perspective of Maqāṣid Al-Sharī'ah and its Implications for Household Resilience (A Case Study in Ketapang Village, Sungkai Selatan District, North Lampung Regency) Riyadus Shalihin; Habib Sulthon Asnawi; Iwannudin Iwannudin
Assyfa Journal of Islamic Studies Vol. 4 No. 1 (2026): Assyfa Journal of Islamic Studies (April)
Publisher : CV. Bimbingan Belajar Assyfa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61650/ajis.v4i1.1103

Abstract

The presence of children in a family has a strategic function as a continuation of lineage, heir to traditions, and outpouring of affection. However, not all couples are blessed with children. The absence of children has the potential to create dynamics of disharmony that threaten household resilience. This study aims to analyze the factors influencing disharmony in childless families, its implications for household resilience, and solutions based on maqashid sharia. The research employs a qualitative method with a phenomenological approach in Ketapang Village, North Lampung. Data were collected through in-depth interviews with three couples who have been married for more than eight years without children, participant observation, and documentation. The findings indicate that internal factors (weak religious foundation, lack of role models, and non-comprehensive application of Islamic values) and external factors (social pressure and lack of family support) contribute to disharmony. Negative impacts include infidelity, chronic quarrels, and divorce. Maqashid sharia-based solutions include the protection of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-aql), lineage (hifz al-nasl), and property (hifz al-mal). This research confirms that family harmony without children can be achieved through strengthening spirituality, effective communication, and constructive social support.
Analisis Hukum Terhadap Pendaftaran dan Status Perwalian Anak Angkat yang Ditetapkan sebagai Anak Kandung di Kecamatan Kota Gajah Miftakhul Izza; Habib Sulthon Asnawi; Iwannudin Iwannudin
Assyfa Journal of Islamic Studies Vol. 4 No. 1 (2026): Assyfa Journal of Islamic Studies (April)
Publisher : CV. Bimbingan Belajar Assyfa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61650/ajis.v4i1.1208

Abstract

This study analyzes the practice of recording adopted children as biological children in the civil administration system in Kota Gajah District, Central Lampung Regency, as well as the influencing factors and legal implications for guardianship, inheritance, and child's identity of origin. Using a qualitative empirical juridical (socio-legal) approach with a case study method, data were collected through in-depth interviews, limited observation, and document analysis, then verified through source triangulation. The findings show that the registration practice did not originate from formal legal procedures but from social caregiving that had been ongoing since the child was an infant, driven by the adoptive family's lack of biological children, the biological family's economic limitations, and considerations of administrative convenience. The research found discrepancies between family narratives and examined documents, as well as the absence of court decisions as a formal basis. Legal implications include potential obscuring of the child's identity of origin and emerging issues in guardianship, inheritance, lineage, and mahram aspects. This study affirms that adoption issues cannot be understood merely as administrative matters but must be read as an intersection of social practice, legal certainty, and child protection within the framework of Islamic family law and positive law.
Juridical Implications of the Distribution of Congenital Children's Inheritance Based on KHI (Study of Court Decision No. 449/Pdt.G/2024/Pa. Twg) Hafid Ansori; Iwannudin Iwannudin; Agus Setiawan
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 2 December (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i2.7592

Abstract

This study aims to analyze the judge's considerations in determining the inheritance rights of congenital children and examine the arrangement and legal position in the inheritance distribution system according to the Compilation of Islamic Law in the Decision of the Religious Court Number 449/Pdt.G/2024/PA.Twg. This research is an empirical normative legal research with a statutory approach and a case approach, using secondary data in the form of court decisions,  provisions of the Compilation of Islamic Law, and supported by research instruments in the form of interview guidelines and documentation to examine the construction of judges' legal considerations. The analysis was carried out qualitatively through a systematic interpretation of the norms of Islamic inheritance and its relevance to the legal facts revealed in the trial. The results of the study show that the judge bases his consideration on the principle of the relationship of nasab as the main basis of inheritance, normative provisions in the Compilation of Islamic Law, and the principle of justice and legal certainty in dispute resolution. A congenital child juridically only has an inheritance relationship with his or her biological parents and does not have a position as an heir of the stepparent because there is no legal blood relationship according to Islamic law. The regulations in the Compilation of Islamic Law provide strict restrictions on the subject of heirs so as to ensure legal certainty in the distribution of inheritance. This study emphasizes the importance of consistency in the application of Islamic inheritance norms in order to prevent the expansion of interpretations that can cause legal uncertainty in the practice of religious justice.
Co-Authors Agus Setiawan Habib Sulthon Asnawi Hafid Ansori Miftakhul Izza Riyadus Shalihin