Raden Rara Lisa Faatirahmah
UIN Sunan Kalijaga, Indonesia

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ISLAMIC FAMILY LAW IN THE DIGITAL AGE: RETHINKING MARRIAGE VALIDITY, ONLINE DIVORCE, AND LEGAL PROTECTION Aries Dirgayunita; Ahmad Syaifuddin Romli; Raden Rara Lisa Faatirahmah
IMTIYAZ: Jurnal Ilmu Keislaman Vol. 9 No. 3 (2025): September
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/zefenk90

Abstract

Islamic Family Law has an important role in ensuring the protection of the rights of family members, but its application still faces challenges in bridging classical fiqh doctrines, contemporary legal developments, and substantive justice demands. Differences in interpretations of legal norms, social changes, and the dynamics of human rights protection demand a critical study of the relevance of the Islamic family law framework in the modern context. This study aims to analyze how Islamic family law protects the rights of family members in the perspective of classical jurisprudence and contemporary legal frameworks and formulate a legal reconstruction approach oriented towards substantive justice. This study uses a qualitative method with a normative juridical approach through conceptual analysis, historical approach, and comparative legal approach. Data were obtained through literature studies of classical fiqh literature, contemporary Islamic family law regulations, and relevant academic studies. The analysis was conducted critically and interpretively taking into account the principles  of maqāṣid al-sharī'ah, substantive justice, and the protection of family rights. This research is directed to identify the continuity and tension between the principle of rights protection in classical doctrine and its application in contemporary legal frameworks, while developing a reconstruction framework that is more responsive to social changes and the needs of family members. This research is expected to make a theoretical contribution to the development of Islamic family law as well as be a conceptual foundation for the reform of legal policies and practices that are more just, contextual, and rights-oriented towards the protection of rights.
UNREGISTERED MARRIAGE AND CHILDREN'S RIGHTS: RETHINKING LEGAL PROTECTION AND FAMILY RESILIENCE Rifqi Khairul Anam; Raden Rara Lisa Faatirahmah; Muhammad Alfi Syahrin
IMTIYAZ: Jurnal Ilmu Keislaman Vol. 9 No. 2 (2025): Juni
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/314xbk32

Abstract

Unregistered marriage remains a significant challenge in Islamic family law, particularly regarding the legal protection and fulfillment of children's rights. The absence of formal marriage registration may create barriers to establishing legal parentage, securing birth certificates, enforcing parental responsibilities, and accessing civil and economic entitlements. These challenges raise fundamental questions concerning the adequacy of existing legal frameworks in protecting children and sustaining family welfare. This study aims to examine how Islamic family law addresses the protection of children's rights arising from unregistered marriages and to identify the normative and practical gaps that undermine children's legal status and welfare. It also seeks to reconstruct a more equitable and sustainable framework by integrating maqāṣid al-sharīʿah, the best interests of the child, and family resilience. Employing a qualitative method through normative legal research and a conceptual approach, this study analyzes Islamic family law principles, relevant legal frameworks, and contemporary perspectives on children's rights and family welfare. The anticipated analysis highlights the tension between formal marriage registration requirements and the substantive protection of children who should not bear the legal and social consequences of their parents' decisions. It further develops a child-centered framework that emphasizes legal recognition, parental accountability, access to essential rights, and the strengthening of family resilience. This study contributes to the development of contemporary Islamic family law by advancing a substantive justice perspective that positions children's welfare as a central consideration in legal reform. Its implications extend to policymakers, judicial institutions, and family law practitioners seeking to strengthen inclusive and sustainable child protection mechanisms. Keywords: Unregistered Marriage; Children's Rights; Islamic Family Law; Maqāṣid al-Sharīʿah; Family Resilience