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All Journal Socius: Social Sciences Research Journal Al-hikmah : International Journal of Islamic Studies
Raudhotul Jannah
Universitas Muhammadiyah Berau
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Other

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Rethinking Financial Responsibility in Muslim Families: A Critical Analysis of Nafaqah in Classical and Contemporary Islamic Jurisprudence Muhammad Alfi Syahrin; Raudhotul Jannah; Sitti Farahtiyah
Al-Hikmah: International Journal of Islamic Studies Vol. 1 No. 1 (2025): JUNI
Publisher : PT. Education Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64540/swjfec10

Abstract

The classical doctrine of nafaqah in Islamic family law generally establishes the husband as the primary financial provider, a framework historically developed alongside gendered assumptions concerning marital roles, authority, and economic dependency. However, contemporary Muslim families increasingly exhibit dual-earner arrangements, female  breadwinners, unequal economic capacities, and more reciprocal patterns of household decision-making, generating a significant normative tension between inherited jurisprudential doctrines and changing socio-economic realities. This study aims to critically reassess the concept of nafaqah by examining its underlying legal assumptions, comparing classical and contemporary Islamic jurisprudential formulations, and developing a more context-responsive framework of financial responsibility within Muslim families. Employing a qualitative doctrinal research design, the study utilizes a comparative and critical approach to classical fiqh literature, contemporary Islamic legal scholarship, Qur’anic principles, and the conceptual frameworks of maqāṣid al-sharīʿah, reciprocity, justice, and family welfare. The analysis demonstrates that although classical jurisprudence provides a coherent framework for protecting family subsistence, its predominantly husband-centered allocation of financial responsibility becomes insufficient when treated as an immutable legal structure. Contemporary reinterpretations indicate that the ethical objectives of nafaqah can be preserved while its implementation is recalibrated according to mutual cooperation, proportional economic capacity, and the welfare of the family. The study proposes a shift from exclusively gender-based responsibility toward a reciprocal and capacity-sensitive model, contributing to the development of more equitable and contextually responsive Islamic family law.
Reconstructing Child Custody in Islamic Family Law: Integrating Maslahah and the Best Interests of the Child Imanuddin Abil Fida; Raudhotul Jannah; Mohd Izat Amsyaar Mohd Ariif
Al-Hikmah: International Journal of Islamic Studies Vol. 1 No. 1 (2025): JUNI
Publisher : PT. Education Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64540/hdxnpn29

Abstract

Child custody (ḥaḍānah) in classical Islamic family law has traditionally emphasized parental eligibility, gender-based preferences, and hierarchical custodial rules. Although these doctrines provide legal guidance, their application may not adequately address children's safety, psychological development, emotional stability, and changing welfare needs. This study reconstructs ḥaḍānah by integrating maṣlaḥah with the best interests of the child as a child-centered normative framework. Using qualitative normative legal research, it applies conceptual and comparative approaches to classical jurisprudence, contemporary Islamic family law, and international child-rights principles. The analysis suggests that maṣlaḥah offers a substantive basis for reassessing rigid custodial preferences, while the best-interests principle supplies operational criteria for evaluating safety, emotional well-being, developmental needs, continuity of care, and social environments. Accordingly, the study proposes a custody model that prioritizes each caregiver's demonstrated ability to protect children's holistic welfare over parental gender or formal status. This approach seeks to reconcile Islamic legal objectives with contemporary child-rights standards without disregarding relevant jurisprudential foundations. Its contribution is a conceptual framework for more equitable, context-sensitive custody decisions that makes children's interests central to legal reasoning. As a normative proposal rather than an empirically tested model, its practical application requires careful assessment within specific judicial and institutional contexts.
Integrating Local Services and Recovery Funding for Victims of Sexual Violence: Implications of Indonesia's TPKS Framework for Berau Regency Raudhotul Jannah; Pandef Rudianto
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 4, No 2 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23113249

Abstract

Indonesia’s framework for protecting victims of sexual violence has entered a new implementation phase following the enactment of Law No. 12 of 2022 on Sexual Violence Crimes and a series of implementing and complementary regulations issued in 2025-2026. This article examines how those legal developments can be translated into an integrated local protection system, using Berau Regency as a contextual case. The study applies a normative juridical method with statutory and conceptual approaches, supported by publicly available institutional documents and local administrative data. The analysis shows that the principal challenge is no longer merely the absence of legal norms, but the fragmentation of reporting channels, risk assessment, evidentiary assistance, recovery services, funding, and case data across institutions. The article proposes the PENTA model: safe service entry, risk evaluation, case navigation, therapy and recovery financing, and accountable data monitoring. The model links local government services, UPTD PPA, law-enforcement agencies, health and social services, and LPSK within a single victim-centered pathway. Strengthening coordination, financing, confidentiality, and interoperable case management is essential to reduce secondary victimization and make statutory rights operational at the local level.
Co-Authors Imanuddin Abil Fida Mohd Izat Amsyaar Mohd Ariif Muhammad Alfi Syahrin Pandef Rudianto Sitti Farahtiyah