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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Al-'Adl TAHKIM Rausyan Fikr: Jurnal Studi Ilmu Ushuluddin dan Filsafat El-Usrah: Jurnal Hukum Keluarga Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial Al-Manhaj: Journal of Indonesian Islamic Family Law Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Mazahibuna: Jurnal Perbandingan Mazhab Jurnal Ilmiah Wahana Pendidikan Jurnal Pengabdian kepada Masyarakat Rausyan Fikr: Jurnal Ilmu Studi Ushuluddin dan Filsafat Al-Mujtahid: Journal of Islamic Family Law Indonesian Journal of Shariah and Justice DIKTUM: JURNAL SYARIAH DAN HUKUM Majapahit Journal of Islamic Finance and Management Majapahit Journal of Islamic Finance dan Management Parewa Saraq: Journal of Islamic Law and Fatwa Review
Alimuddin, Harwis
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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The Comparison of Marital Property Division Between Indonesia and Malaysia from the Perspective of Fiqh Rules Alimuddin, Harwis; Syaifuddin; Sucipto
Parewa Saraq: Journal of Islamic Law and Fatwa Review Vol. 4 No. 1 (2025): Parewa Saraq: Journal of Islamic Law and Fatwa Review
Publisher : MUI Sulawesi Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64016/parewasaraq.v4i1.30

Abstract

The regulations regarding the division of marital property post-divorce in Indonesia and Malaysia are the result of the juristic interpretation by scholars that has been adjusted to the socio-cultural context of the society and subsequently legislated into law. The regulations governing the division of marital property post-divorce in Indonesia refer to Law No. 1 of 1974 articles 34—37 and the Compilation of Islamic Law (KHI) articles 85-97, while in Malaysia it refers to Act 303 Islamic Family Law (Federal Territories) 1984. The majority of scholars in Indonesia and Malaysia analogize it to shirkah abdan (partnership in skill). This research is a literature study using a normative research type with a comparative study approach using the analysis of the principle of al-kharaj bi al-dhaman. This fiqh rules desire that the right to profit must be proportional to the obligation to bear risks. This principle is generally used in matters of transactions. Therefore, if the marital relationship in marital property is analogized to shirkah abdan, then it is only appropriate that this principle can also be applied in the rules of marital property division between spouses. This study concludes that the division of marital property in Indonesia, which adopts a civil law legal system, tends to divide marital property equally. Meanwhile, in Malaysia, which adopts a common law system, it considers the contributions made by the husband or wife. Through the analysis of the principle of al-kharaj bi al-dhaman , the provisions regarding the division of marital property post-divorce by considering the contributions of the husband or wife in marital property are more relevant to this principle.
Reconstruction of the Concept of Nusyūz in Islamic Law: Perspectives of Religious Figures in Ternate, Indonesia Alimuddin, Harwis; Djalal, Marini Abdul; Abbas, Abdul Haris; Syatar, Abdul; Haq, Islamul
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/07a9hd02

Abstract

This research aims to examine and reconstruct the concept of nusyūz and the phrase idribūhunna as found in Surah Al-Nisa (4:34), with particular focus on how these concepts are perceived by religious leaders in Ternate City. The purpose of the study is to offer a more humanistic and contextually relevant interpretation of nusyūz that aligns with the dynamics of modern family life. Methodologically, this study adopts a qualitative approach, combining library research with fieldwork. The library research explores classical Islamic jurisprudence (fiqh) and Qur’anic exegesis (tafsir) related to nusyūz, while the fieldwork involves interviews with community and religious leaders in Ternate City. The data were analyzed using three theoretical frameworks: fiqh al-wāqi‘ (contextual jurisprudence), the theory of ‘urf (custom), and linguistic theory (ma‘nā al-ḥaml). The findings reveal that the interpretations held by many religious leaders continue to be shaped by patriarchal norms, leading to a rigid and gender-biased understanding of nusyūz. This study contributes originality by offering a linguistic and contextual reconstruction of the term, presenting nusyūz as a concept that encompasses broader relational disharmony rather than focusing solely on female disobedience. The implications of this research support the development of a more egalitarian and compassionate Islamic legal framework, particularly in addressing family issues in contemporary Muslim societies.
Requirements of Polygamy by Muhammad Shahrur and It’s Relevance to Indonesian Society Alimuddin, Harwis; Abbas, Abdul Haris; Amir, Indriyani; Syatar, Abdul
Media Syari'ah Vol 26 No 1 (2024)
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.22719

Abstract

Muhammad Shahrur has a different view about polygamy from other scholars. According to him, polygamy is only permitted for widows who have orphans. This condition applies to second, third and fourth wives. This requirement refers to the principle of protection for widows and the principle of justice towards orphans. This research is descriptive qualitative research. The data collection technique is a literature study by exploring various literature, both literature in the form of books and articles related to Muhammad Shahrur's thoughts. Likewise, it is related to the social conditions of Indonesian society, especially the phenomenon of polygamy in Indonesia. This research explores Muhahmmad Shahrur's opinion regarding the requirements for polygamy and looks at its relevance to social conditions in society. This research concludes that the conditions for polygamy expressed by Muhammad Shahrur are very relevant and can bring benefits if implemented and legislated into regulations in Indonesia. First, because polygamy regulations in Indonesia adhere to the principle of open monogamy. Second, polygamy can be a solution for widows and their orphaned children in Indonesia who face many problems. Third, polygamy is not prescribed to cause problems, but to provide solutions. Including solutions to social conditions in society.
Peran Perempuan Dalam Perdagangan Tradisional Tinjauan Hukum Keluarga Islam Terhadap Pedagang Perempuan Di Pasar Gamalama Ternate Nurhasa, Edi Jain; Alimuddin, Harwis
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 10.A (2025): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Women play a significant role in traditional trade, including at the Gamalama Market in Ternate. They not only contribute to the family economy but also play a role in maintaining the sustainability of traditional markets. From the perspective of Islamic Family Law, women are allowed to work and trade as long as they fulfill their family obligations and uphold the values of Sharia. Women have a strategic role in supporting the family economy while facing various social and legal challenges. This research aims to analyze the role of women in traditional trade at the Gamalama Market through the lens of Islamic Family Law. The research method used is a qualitative approach with data collection techniques including observation, interviews, and literature studies. The results of the study indicate that although Islam provides freedom for women to trade, they face various challenges, such as the dual burden of family responsibilities and a lack of adequate legal protection. Women traders make significant contributions to meeting family needs and strengthening the community's economy, which aligns with the principles of justice and equality in Islamic Family Law. With this study, it is hoped to provide insights for the government and policymakers in formulating policies that better support women's roles in traditional trade. Additionally, this research also contributes to enriching the literature on the role of women in Islamic economics and Islamic Family Law.
Analysis of Islamic Law Sources on Positive Law in Handling Cases of Domestic Violence at the Ternate Police Masri, Rahman; Situmorang, Jubair; Alimuddin, Harwis
Majapahit Journal of Islamic Finance and Management Vol. 5 No. 1 (2025): Islamic Finance and Management
Publisher : Department of Sharia Economics Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/mjifm.v5i1.381

Abstract

This study aims to analyze the integration between Islamic law and positive law in handling Domestic Violence (KDRT) cases at Ternate Police Department. The background of the research is based on the high number of domestic violence cases in Ternate and the need for a legal approach adaptive to the local socio-religious context. The research problem focuses on how the integration between these two legal systems is applied in practice. This study employs empirical legal research methods with juridical-empirical, normative, sociological, and philosophical approaches. Data collection techniques include interviews, observation, documentation, and literature review. The findings reveal that the Ternate Police Department implements a hybrid justice approach, combining positive law enforcement and settlement based on Islamic islah values. This approach demonstrates efforts to adapt national law to the social realities of Ternate society without neglecting the protection of victims' rights. The main obstacles are cultural patriarchal pressure and the victims’ economic dependency; however, collaboration with social institutions strengthens the effectiveness of case handling. This study concludes that the integration of Islamic law and positive law in Ternate can serve as an alternative model for addressing domestic violence in culturally religious regions.
Co-Authors Abbas , Abdul Haris Abbas, Abdul Haris Abdul Haris Abbas Abubakar, Achmad Abubakar, Alyasa’ Ahmad Ahmad Amir, Indriyani Coronas, Ahmad Abdullah Djalal, Marini Abdul Fatum Abubakar Husain, Muhammad Zakir Husamuddin MZ Islamul Haq Jamil, Jamaliah Julaiha Husni Khairil Anwar Kurniati Kurniati Kurniati Kurniati Masri, Rahman Maulidah, Tahani Asri Muhammad Amin, Abd. Rauf Muhammad Fazlurrahman Syarif Nurhasa, Edi Jain Nursinita Killian Rasna Rasna Sanaba, M.Gadri Sanmas, Abu Situmorang, Jubair Sucipto Syaifuddin Syatar, Abdul Umasugi, Nirwan Yahya, M. Yusuf Zulkarnain Abdurrahman