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All Journal Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam The Indonesian Journal of International Clinical Legal Education
Novita Dwi Lestari
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Law, Crime, Criminology & Criminal Justice

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NAVIGATING INTERFAITH MARRIAGE LAW: LEGAL MOBILIZATION, LEGAL CONSCIOUSNESS, AND ADVOCACY STRATEGIES IN INDONESIA Novita Dwi Lestari; Mufidah Ch; Zaenul Mahmudi; Mahbub Ainur Rofiq; Prayudi Rahmatullah; Nisa Dian Islamiyati
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16418

Abstract

Interfaith marriage in Indonesia is a complex socio-legal issue intersecting state law, religious norms, and civil administration. This study analyzes the legal mobilization strategies of the Harmoni Mitra Madania Foundation in advocating for interfaith couples and examines these practices through an Islamic law perspective. Using a qualitative socio-legal approach, data from interviews and literature were analyzed using Michael McCann’s legal mobilization theory. The findings reveal three main patterns. First, the foundation utilizes non-litigation legal mobilization through consultation, administrative assistance, and family networks. Second, couples actively use the law as a strategic resource, developing legal consciousness and rights discourse. Third, the narrowing of legal opportunity structures has shifted mobilization from litigation to network-based relational strategies. From a maqasid al-shari’ah perspective, this advocacy does not normatively legitimize interfaith marriage but addresses the tension between religious norms, family protection, public interest, and legal certainty. The study proposes the concept of intermediary actors in non-litigation legal mobilization.
Women’s Educational Rights after Marriage in Qatar Family Law: Toward an Educational Partnership through Maqāṣid al-Sharīʿah Muhammad Nasrulloh; Miftahurrohman Miftahurrohman; Novita Dwi Lestari; Rafeah Saidon
The Indonesian Journal of International Clinical Legal Education Vol. 8 No. 3 (2026): September (Article in Press)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v8i3.54933

Abstract

The protection of women’s educational rights after marriage raises a critical question in Islamic family law: how can educational continuity be reconciled with family obligations without making the former automatically subordinate to the latter? This study examines Article 68 of Qatar’s Family Law No. 22 of 2006 through a normative legal method employing statutory and conceptual approaches. It analyzes the provision alongside related rules on reciprocal marital rights and family welfare, using contemporary maqāṣid al-sharīʿah scholarship to assess the relationship between educational protection and family responsibilities. The findings indicate that Article 68 expressly recognizes a wife’s right to complete compulsory education and continue university education in Qatar, but leaves the criteria for determining conflicts with family obligations insufficiently specified. The study argues that this qualification should be interpreted proportionately, taking into account both the wife’s educational continuity and the spouses’ reciprocal responsibilities, rather than treating domestic obligations as an automatic ground for restricting education. To develop this interpretation, the article proposes Educational Partnership in Marriage as a normative framework grounded in reciprocal support, negotiation, and shared accommodation of educational and family needs. By connecting the protection of intellect (ḥifẓ al-ʿaql) with family welfare and the protection of offspring (ḥifẓ al-nasl), the study demonstrates how maqāṣid can inform the interpretation of a specific family-law provision. The framework offers a conceptual reference for further legal research and comparative discussions on protecting women’s educational continuity after marriage, including in Indonesia.
Co-Authors Mahbub Ainur Rofiq Miftahurrohman Miftahurrohman Mufidah Ch Muhammad Nasrulloh Nisa Dian Islamiyati Prayudi Rahmatullah Rafeah Saidon Zaenul Mahmudi