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Perceraian dalam Keluarga Muslim di Jawa Barat Sururie, Ramdani Wahyu; Yuniardi, Harry
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Fakultas Syariah IAIN Purwokerto

This study aims to describe the causes of high divorce rates in Muslim families in West Java based on the decisions of the Religious Courts, and this study also aims to formulate a strategy to prevent the increase in divorce rates. This study uses descriptive analysis method with interview techniques, study documents on the decisions of the Religious Courts and literature studies. The results of this study indicate that the highest cause of divorce in the mulism family in West Java is due to economic factors, there is no harmony and no responsibility. Prevention strategies for increasing divorce rates in West Java need to be done systemically from top to bottom, starting from family education before marriage and during conflicts between husband and wife. Thus, it can be concluded that the cause of the high divorce rate in Muslim families in West Java is due to a lack of commitment and knowledge of the essence of marriage, which makes the marital bond in a Muslim family fragile. The strategy to prevent increasing divorce rates is done systemically involving various elements, namely the government, community institutions, and the Religious Courts.

Management Pattern of Marriage Registrar Assistant Officer in Indonesia: an Example from Bandung, West Java Harry Yuniardi
Indonesian Journal of Law and Economics Review Vol 2 No 2 (2019): February
Publisher : Universitas Muhammadiyah Sidoarjo

The purpose of this study was to find out how the pattern of human resource management Assistant Registrar of Marriage Registrar (P3N) in KUA Cimaung District, Bandung Regency. This study uses field research, with the technique of collecting data through observation and interviews with related parties, namely the Head of KUA, Cimaung District and Head of KUA, Pangalengan District, Guidance Section for Islamic Community, Ministry of Religion Office Bandung and P3N in the Cimaung District and Pangalengan Districts. The results of this study are that the HR management pattern of the Registrar’s Employee Assistance Officer (P3N) in Cimaung District KUA is good and follows excellent management standards, as reflected in the recruitment process until the supervision phase. The admission procedure is carried out in stages from the village, sub-district and district level.

Perceraian dalam Keluarga Muslim di Jawa Barat Ramdani Wahyu Sururie; Harry Yuniardi
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This study aims to describe the causes of high divorce rates in Muslim families in West Java based on the decisions of the Religious Courts, and this study also aims to formulate a strategy to prevent the increase in divorce rates. This study uses descriptive analysis method with interview techniques, study documents on the decisions of the Religious Courts and literature studies. The results of this study indicate that the highest cause of divorce in the mulism family in West Java is due to economic factors, there is no harmony and no responsibility. Prevention strategies for increasing divorce rates in West Java need to be done systemically from top to bottom, starting from family education before marriage and during conflicts between husband and wife. Thus, it can be concluded that the cause of the high divorce rate in Muslim families in West Java is due to a lack of commitment and knowledge of the essence of marriage, which makes the marital bond in a Muslim family fragile. The strategy to prevent increasing divorce rates is done systemically involving various elements, namely the government, community institutions, and the Religious Courts.

The Effectiveness of Sharia Economic Dispute Resolution in the Commercial Court related to Sharia Bankruptcy after the Constitutional Court Decision No. 93/PUU-X/2012 concerning Legal Certainty in the Settlement of Sharia Banking Cases Harry Yuniardi; Muhamad Kholid; Laras Shesa
Istinbath : Jurnal Hukum Vol 21 No 02 (2024): Istinbath: Jurnal Hukum
Publisher : Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.10153

This research aims to identify the sources of material and formal law applied in the settlement of sharia economic disputes, evaluate the effectiveness of its implementation, and analyse the obstacles faced by religious courts at various levels. The data used includes cases in several religious courts and commercial courts in Indonesia in the period 2014-2020. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through document studies, interviews with religious court judges, and a review of relevant laws and regulations. Analyses were conducted to evaluate the application of material and formal law in dispute resolution, as well as to identify obstacles faced by religious courts in practice. The results of the study show that the material legal sources used in resolving sharia economic disputes include the Qur'an, Hadith, DSN-MUI fatwas, laws and regulations, and jurisprudence. Formal legal sources still depend on HIR/RBg as well as special regulations such as PERMA No. 14 of 2016. The religious court institutionally has shown readiness by increasing human resources, applying technology through e-courts, as well as efforts to provide technical guidance and certification of sharia economic judges. Religious courts have great potential to become the main institution in resolving sharia economic disputes. Improving regulations, codifying procedural law, and establishing sharia commercial courts in the future are needed to ensure legal certainty and efficiency of the dispute resolution process.

Revitalisasi Nilai Islam dalam Adat Perkawinan pada Tradisi Piti Rambang Yuniardi, Harry
Berasan: Journal of Islamic Civil Law Vol. 3 No. 2 (2024): Desember 2024
Publisher : Institut Agama Islam Negeri (IAIN) Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/berasan.v3i2.11753

This study aims to analyze the practice of Piti Rambang in the perspective of Islamic civil law, as well as how the revitalization of Islamic values can be applied to harmonize customs with the principles of justice and protection of women's rights. This study uses an analytical descriptive method with a normative-empirical approach. The normative approach is carried out through the study of Islamic law, the Marriage Law, and human rights law in Indonesia. Meanwhile, an empirical approach is carried out through secondary data analysis related to Piti Rambang's practices, interviews with traditional leaders, academics, and women activists in Sumba. The results of the study show that the practice of Piti Rambang is contrary to the basic principles of marriage in Islam, which emphasizes the willingness of both parties (ridha) and gender justice. In national law, this practice violates the provisions of Article 6 of Law Number 1 of 1974 concerning Marriage, which requires the consent of both prospective brides. In addition, Piti Rambang can also be categorized as a violation of human rights and kidnapping based on Articles 328 and 333 of the Criminal Code. As an effort to revitalize Islamic values in marriage customs, it is necessary to carry out a reconstruction of customary law that is more oriented towards the values of sakinah, mawaddah, wa rahmah, as well as education to the public about women's rights in marriage. Local governments, religious leaders, and women's protection institutions must play an active role in conducting socialization and advocacy to ensure that Islamic customs and laws can run in harmony without harming certain parties, especially women.

Between Tradition and Sharia: Endogamous Marriage Practices in the Pesantren Community of Bandung Regency from a Contemporary Islamic Legal Perspective Harry Yuniardi; Diah Siti Sa’diah; Aziz Sholeh; Lena Ishelmiany Ziaharah; Christopher Michael Cason
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.10624

This study aimed to examine the practice of endogamy in the Pesantren community of Bandung Regency from the perspective of contemporary Islamic law, by highlighting the tension between social traditions and more universal sharia principles. Endogamy, as a practice of marriage between Pesantren residents, is believed to preserve Islamic values, maintain the honour of the nasab, and strengthen internal social networks. This research used a descriptive qualitative approach through field research, supported by quantitative survey data and normative analysis based on the theory of maqāṣid al-syarī'ah, legal sociology, and contemporary reinterpretation of tradition (urf). Data were obtained through questionnaires and in-depth interviews with students, alumni, and Pesantren leaders. The study results showed that most Pesantren residents supported the practice of endogamy for the similarity in values and maintaining the compatibility of couples based on the principle of kafā'ah. However, most respondents also realized this practice was more traditional than religious. On the other hand, the younger generation had a strong tendency to reassess the relevance of endogamy and the concept of kafā'ah in the modern context. This study concludes that the practice of endogamy and the meaning of kafā'ah in the Pesantren community need to be re-reflected through a contemporary Islamic legal approach that emphasizes the principles of justice, benefit, and respect for individual rights. These findings are expected to encourage a transformation of thinking in the Pesantren community towards a more contextual, inclusive, and progressive understanding of Islamic law.

The Legal Validity of Mediation in Marriage Annulment Cases Without the Respondent’s Presence Under Supreme Court Regulation No. 1 of 2016 Basri, Jelyna; Saepullah, Usep; Yuniardi, Harry
Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i3.18261

This study examines the legal validity of mediation in marriage annulment cases conducted without the respondent’s presence, focusing on its conformity with the provisions of Supreme Court Regulation (PERMA) No. 1 of 2016 on Court-Annexed Mediation Procedures. Employing a normative juridical research method with statutory and conceptual approaches, the analysis draws upon primary legal sources, including PERMA No. 1 of 2016, Law No. 1 of 1974 on Marriage, and the Compilation of Islamic Law (KHI), as well as relevant religious court decisions. Secondary sources consist of scholarly books, legal literature, and journal articles addressing mediation in marriage annulment and divorce cases. The findings indicate that, although marriage annulment proceedings are exempt from mandatory mediation, some religious courts still conduct mediation as a peace-seeking effort. However, declaring mediation successful in the absence of the respondent contravenes the fundamental principle of active party participation, undermines legal certainty, and potentially diminishes the protection of the rights of absent parties. The study concludes that mediation in annulment cases without the respondent’s presence lacks strong legal validity under PERMA No. 1 of 2016, and may generate procedural injustice and uncertainty in religious court practice. It recommends stricter judicial adherence to mediation procedures, particularly regarding the mandatory presence requirement when mediation is undertaken, even in exempt cases.

"From Traditional 'Urf to Digital 'Urf: Accommodating the Values of the Young Generation on Husband-Wife Relations in the Framework of Ushūl al-Fiqh". Zulbaidah, Zulbaidah; Yuniardi, Harry; Januri, Januri; Najmudin, Nandang; Cason, Christoper
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.14630

This study examines how digital interpretations of marital roles among Muslim youth transform the classical concept of 'urf and challenge traditional gendered norms in Islamic family law. Existing research has extensively discussed 'urf and marital hierarchy, yet little attention has been paid to how digital-native perceptions, circulating through platforms such as TikTok and Instagram, reshape normative expectations of spousal relations within the framework of ushul fiqh. This study addresses this gap by analyzing the emergence of "digital 'urf" as a new sociocultural reference for young Muslims. Using qualitative documentary analysis combined with thematic content analysis, the study examines 120 short-form digital contents produced by Indonesian Muslim youth between 2023–2024, selected through purposive sampling. The dataset is triangulated with classical fiqh texts, contemporary fatwas, and statutory family law materials to evaluate the extent to which digital 'urf aligns with or diverges from established ushul fiqh principles. The findings reveal three major shifts: (1) digital 'urf reframes marital roles from hierarchical–patriarchal to partnership-based, (2) normative authority moves from textual and communal scholars to digital micro-influencers, and (3) the concept of qiwāmah undergoes functional reinterpretation driven by economic and technological equality. These shifts indicate the emergence of a hybrid normativity that merges experiential digital ethics with fiqh-based reasoning. This study contributes a conceptual reformulation of 'urf in the digital era and offers a framework for integrating digital socio-cultural patterns into ushul fiqh analysis.

Marriage Guidance as an Effort to Prevent Divorce from the Perspective of Islamic Family Law: A Study at the Bandung City AMCDP (Agency for Marriage Counselling, Development, and Preservation) Nabila Silmi Amatillah; Didi Sumadi; Harry Yuniardi
International Journal of Nusantara Islam Vol 14 No 1 (2026): International Journal of Nusantara Islam
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijni.v14i1.53098

This study examines the implementation of marriage guidance at the Bandung City AMCDP (Agency for Marriage Counselling, Development, and Preservation)’—known as BP4 (Badan Penasihatan, Pembinaan, dan Pelestarian Perkawinan)—as a preventive mechanism against divorce, analyzed through psychological, sociocultural, and Islamic legal perspectives. Using a qualitative case-study design, data were collected through in-depth interviews with institutional leaders, observations of counselling sessions, and documentation of program guidelines. The findings demonstrate that AMCDP employs a multilayered guidance model comprising premarital education, post-marital enrichment, conflict counselling, spiritual strengthening, and structured mediation. These practices integrate psychological intervention skills—such as communication training and emotional-regulation techniques—with Islamic ethical principles, including iṣlāḥ, muʻāsharah bi al-maʻrūf, and the preservation of marriage as mīṡāqan ghalīẓan. The institution also plays a mediational role mandated by Indonesian marriage law, particularly in pre-divorce reconciliation procedures. The study concludes that AMCDP represents a hybrid institution bridging religious norms, legal mandates, and psychosocial realities to strengthen marital resilience. This model contributes to Islamic family-law scholarship by demonstrating how classical jurisprudential principles can be operationalized into contemporary counselling practice to prevent divorce.

Marriage Guidance as an Effort to Prevent Divorce from the Perspective of Islamic Family Law: A Study at the Bandung City AMCDP (Agency for Marriage Counselling, Development, and Preservation) Nabila Silmi Amatillah; Didi Sumadi; Harry Yuniardi
International Journal of Nusantara Islam Vol 14 No 1 (2026): International Journal of Nusantara Islam
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/ijni.v14i1.53098

This study examines the implementation of marriage guidance at the Bandung City AMCDP (Agency for Marriage Counselling, Development, and Preservation)’—known as BP4 (Badan Penasihatan, Pembinaan, dan Pelestarian Perkawinan)—as a preventive mechanism against divorce, analyzed through psychological, sociocultural, and Islamic legal perspectives. Using a qualitative case-study design, data were collected through in-depth interviews with institutional leaders, observations of counselling sessions, and documentation of program guidelines. The findings demonstrate that AMCDP employs a multilayered guidance model comprising premarital education, post-marital enrichment, conflict counselling, spiritual strengthening, and structured mediation. These practices integrate psychological intervention skills—such as communication training and emotional-regulation techniques—with Islamic ethical principles, including iṣlāḥ, muʻāsharah bi al-maʻrūf, and the preservation of marriage as mīṡāqan ghalīẓan. The institution also plays a mediational role mandated by Indonesian marriage law, particularly in pre-divorce reconciliation procedures. The study concludes that AMCDP represents a hybrid institution bridging religious norms, legal mandates, and psychosocial realities to strengthen marital resilience. This model contributes to Islamic family-law scholarship by demonstrating how classical jurisprudential principles can be operationalized into contemporary counselling practice to prevent divorce.

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