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All Journal Al-'Adalah Jurnal Ilmiah Al-Syir'ah IJOIS: Indonesian Journal of Islamic Studies El-Hekam : Jurnal Studi Keislaman Ikhtisar: Jurnal Pengetahuan Islam Jurnal Integrasi Ilmu Syariah (Jisrah) Jurnal El-Thawalib Al-Istinbath: Jurnal Hukum Islam El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law Journal of Artificial Intelligence and Digital Business Al-Imam : Journal on Islamic Studies, Civilization And Learning Societies Journal of Indonesian Probation and Parole System Jurnal El-Thawalib
Yunarti, Sri
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Social Sciences Other

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Imam Ash-Shafi'i's Opinion on Hajj without a Mahram and Its Relevance to the Present Day Dedi, Syarial; Yunarti, Sri
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 2 November (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i2.7113

Abstract

This study aims to examine more deeply the opinion of Imam ash-Shafi'i regarding the pilgrimage for women without a mahram, and then see its relevance in today's times. Imam ash-Shafi'i has opinion that a mahram or husband is not obligatory for a woman in carrying out the pilgrimage, but on condition that the woman is protected from harming her body and soul and her honor. The majority of fiqh scholars are of the opinion that women must be accompanied by their mahram to perform the pilgrimage. According to the provisions of the Shari'ah, a woman may not travel alone but must be accompanied by her husband or mahram. Even the al-Hanafiyah school of thought argues that a mahram for women is a mandatory requirement for Hajj. This study is in the form of a character study categorized as library research. It used secondary data, either in the form of primary materials, tertiary secondary. Data analysis used heuristic, critics (internal and external), interpretation, and historiography. The results of this study suggest that Imam asy-Syafi'i's opinion which emphasizes law based on its 'illat, namely the factor of women's safety is very relevant to current conditions.
A Phenomenological Insight into Institutional and Value Shifts Among Minangkabau Women: Implications for Understanding Muslim Minority Dynamics Yunarti, Sri; Sahid, Mualimin Mochammad; Dedi, Syahrial; Hesti, Kamila; Hasyiem, Lathifah
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3629

Abstract

This article examines the shifting role of women in Minangkabau society, the world's largest matrilineal Muslim community, where contemporary dynamics challenge traditional institutional structures and value systems. This research analyzes how social mobility, migration, and institutional changes affect Minangkabau women's position as Bundo Kanduang, situating findings within comparative perspectives on matrilineal Muslim communities in majority and minority contexts. The research employed a phenomenological approach involving observation, in-depth interviews with 40 informants across five West Sumatra districts (Tanah Datar, Agam, Lima Puluh Kota, Padang Pariaman, Solok), and document analysis. Data interpretation centered on women's lived experiences to understand institutional and value transformation dynamics. Results reveal women's roles shifted from collective matrilineal responsibilities to nuclear family focus, driven by external factors (globalization, education, inter-ethnic marriage) and internal factors (value reinterpretation, institutional desacralization). Traditional institutions like Rumah Gadang and Bundo Kanduang organizations experienced functional decline. Comparative analysis demonstrates that Minangkabau women in majority Muslim contexts navigate internally-driven changes with substantial adaptive space for syncretic shariah-adat negotiation, while matrilineal Muslim minorities face intense external pressures from dominant patrilineal legal frameworks, resulting in accelerated institutional transformation with constrained individual agency. Role transformation results from complex global-local interactions, with adaptation mechanisms differing systematically between majority and minority contexts. These findings illuminate Islamic family law's differential flexibility across socio-political settings and provide crucial insights for developing culturally sensitive policies supporting matrilineal Muslim communities navigating modernization pressures globally.
Dilema Administrasi dan Agama: Implementasi SPTJM di Jantung Minangkabau (Studi Kasus Kecamatan Harau) Susanti, Meria; Silvianetri, Silvianetri; Elimartati, Elimartati; Atsani, Ulya; Nofialdi, Nofialdi; Yunarti, Sri
AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies Vol 7 No 1 (2026)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.im.2026.7.146

Abstract

Unregistered marriages (nikah siri) remain a significant social phenomenon in the Minangkabau community, particularly in Harau District, Lima Puluh Kota Regency, West Sumatra. To address administrative barriers for children from these marriages, the government implemented the Absolute Statement of Responsibility (SPTJM) policy based on Minister of Home Affairs Regulation Numbers 108 and 109 of 2019, which allows for the inclusion of "Unregistered Marriage" status on Family Cards (Kartu Keluarga) and the issuance of complete birth certificates. This study analyzes the effectiveness of SPTJM implementation in Harau District and the dilemmas it raises from a maqasid sharia perspective, focusing on hifz al-nasl (protection of offspring) and hifz al-mal (protection of property). Using a qualitative juridical-empirical approach, data were collected through semi-structured interviews with couples using SPTJMs, those involved in unregistered marriages, employees of the Civil Registration Office (Disdukcapil), the Office of Religious Affairs (KUA), the Religious Court, and religious leaders, complemented by source and method triangulation. The research results show that the SPTJM effectively provides beneficial benefits in the form of quick and affordable access to children's administrative rights (identity, education, health, and social assistance), thus partially supporting hifz al-nasl. However, this policy creates more dominant long-term benefits, such as substantive legal uncertainty (difficulties in claiming inheritance and joint property), socio-customary conflicts (stigma and disputes over high inheritance rights in the Minangkabau matrilineal system), and a decline in interest in marriage confirmations, which weaken the obligation for official registration (Article 7 of the Compilation of Islamic Law). This article concludes that there is a dilemma between temporary administrative benefits and long-term damage to Islamic family law. The proposed recommendation is synergy between institutions (Disdukcapil, KUA, Religious Courts, and traditional leaders) through an affordable mass marriage confirmation program and outreach based on the maqasid sharia (Islamic principles) to maximize the necessities of life and minimize the mafsadah within the Minangkabau indigenous community.
Marriage During the Wife’s ‘Iddah Period: A Socio-Legal Analysis of the Implementation of Circular Letter No. 05 of 2021 in Solok Regency Darmis, Jhon; Zulkifli, Zulkifli; Yunarti, Sri; Maulana, Ramza Fatria
IJoIS: Indonesian Journal of Islamic Studies Vol. 6 No. 2 (2025): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1542

Abstract

This study examines marriage during a wife’s iddah period from the perspective of Islamic family law by analyzing Circular Letter of the Director General of Islamic Community Guidance No. 05 of 2021 and its implementation in Solok Regency. The research addresses a normative gap in Indonesian positive law, which does not explicitly regulate restrictions on ex-husbands remarrying during the ex-wife’s iddah, potentially leading to legal uncertainty, gender inequality, and weak protection for women after divorce. Using a qualitative socio-legal approach, data were collected through in-depth interviews, observation, and documentation involving KUA officials, religious counselors, and community leaders. The findings indicate that the circular letter functions as an administrative policy (beleidsregel) that guides KUA in controlling marriage registration and preventing harmful practices such as serial marriages and disguised polygamy. However, its implementation varies between strict and adaptive approaches, influenced by bureaucratic discretion, local socio-cultural contexts, and uneven legal literacy. While KUA officials generally show consistent understanding, religious counselors and community leaders demonstrate diverse interpretations due to limited policy dissemination and persistent conventional fiqh perspectives. From the maqāṣid al-syarī‘ah perspective, the policy supports the protection of lineage, dignity, and psychological well-being, while promoting gender justice. The study concludes that the circular letter represents institutional ijtihad, though its effectiveness depends on consistent implementation and strengthened legal communication.
Positifikasi Isbat Talak dalam Perlindungan Hak Perempuan: Analisis Komparatif Hukum Mesir dan Maroko Perspektif Maqashid Syariah Jamili, Faizah; Elimartati, Elimartati; Atsani, Ulya; Zulkifli, Zulkifli; Nofialdi, Nofialdi; Yunarti, Sri
AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies Vol 7 No 1 (2026)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.im.2026.7.149

Abstract

Marriage in Islam is viewed as a sacred and strong bond, or mitsaqan ghalidzan. However, in Indonesian social reality, the practice of divorce under the hand or outside the courts is still common. This phenomenon triggers serious legal problems due to the legal vacuum regarding the isbat talak regulation in the national legal system. Without formal state approval, the legal status of wives and children is often neglected, resulting in the loss of post-divorce rights such as custody, maintenance, and access to civil registration. This research uses a normative juridical approach through a comparative study of family law in Indonesia with regulations in Egypt and Morocco. Theoretically, the analysis is based on legal theory as a means of societal renewal and the theory of legal positivization to transform religious norms into written positive law. Furthermore, the Maqasid Syari'ah perspective is used to ensure that each proposed regulation aligns with the goal of protecting the interests of religion, life, descendants, intellect, and property for Muslim families. The research findings indicate that Indonesia urgently needs to strengthen the regulation of divorce confirmation (isbat talak) to bridge the dualism between the religious validity of divorce and the legality of state administration. A comparison with Egypt and Morocco found that integrating stricter regulations regarding divorce ratification can provide greater legal certainty for the public. This strengthening measure is considered a strategic solution to create legal order and guarantee the constitutional rights of family members, who have been vulnerable to uncertainty. In conclusion, strengthening the regulation of divorce confirmation (isbat talak) through positive law is an urgent need to achieve legal justice for families in Indonesia. Transforming Islamic legal norms into national legislation will ensure that legal protection for wives and children is no longer partial, but comprehensive and formally binding. Thus, the purpose of marriage, which is to create welfare, can be maintained even if the union ends in divorce.
Analisis Hukum Atas Penolakan Isbat Nikah Dalam Perkawinan Siri Dan Penetapan Status Anak Sah Dalam Studi Kasus Putusan Nomor: 129/Pdt.P/2024/PA.Bsk Aswandi, Aswandi; Elimartati, Elimartati; Nofialdi, Nofialdi; Zulkifli, Zulkifli; Yunarti, Sri
AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies Vol 7 No 1 (2026)
Publisher : IDRIS Darulfunun Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58764/j.im.2026.7.151

Abstract

This study analyzes Batusangkar Religious Court Decision No. 129/Pdt.P/2024/PA-Bsk, which simultaneously rejected a request for marriage confirmation (isbat nikah) but granted a request to determine the child's status as legitimate. This case is interesting because it reflects the tension between the principle of legal certainty of marriage and the protection of children's rights in religious court practice in Indonesia. This study used a qualitative, analytical, and descriptive approach with field research methods. Primary data were obtained through in-depth interviews with the three judges who heard the case and the applicants. In addition, the researcher analyzed the decision documents and case files. Secondary data came from the Marriage Law, the Compilation of Islamic Law (KHI), Constitutional Court Decision No. 46/PUU-VII/2010, literature on munakahat fiqh (jurisprudence), and the concept of maqashid sharia. The results indicate that the panel of judges rejected the marriage confirmation request because the applicants' marriage violated the provisions prohibiting marriage as stipulated in Article 40 (a) of the KHI in conjunction with Article 9 of Law Number 1 of 1974 concerning Marriage. One of the parties is still bound by a previous marriage, potentially leading to the practice of polyandry and undermining the sanctity of the institution of marriage. Nevertheless, the judge granted the child's status as legitimate, primarily considering the child's best interests and the principle of welfare (maslahah). The judge argued that the child should not be held responsible for the parents' mistakes. This granting of the child's status provides legal certainty for the child to obtain a birth certificate, family card, rights to maintenance, guardianship, and inheritance rights. This decision represents a harmony between positive legal certainty and the maqasid sharia, particularly hifz al-nasl (protection of offspring). This study concludes that the judge applied a progressive and humane approach in resolving the conflict between the validity of the marriage and the protection of children's rights.
Co-Authors Aswandi Aswandi, Aswandi Dahlial, Fauzi Darmis, Jhon Elimartati Elimartati Farfan, Afnil Farida Arianti Fitri, Hidayati Hasyiem, Lathifah Hesti, Kamila Husna Rita Jamili, Faizah kasmidin, kasmidin Nofialdi Nofialdi Nofialdi, Nofialdi Octavia, Nurul Aini Putra, Rian Monda Raflis, Aullya Rahmat, Aditya Ramza Fatria Maulana Sahid, Mualimin Mochammad Sikumbang, Indra Silvianetri, Silvianetri Susanti, Meria Syahrial Dedi, Syahrial Syaiful Marwan Syarial Dedi Ulya Atsani Vena, Lymchya Nora Warman, Arifki Budia Zulkifli Zulkifli