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All Journal Journal of Islamic and Law Studies (JILS) International Journal of Multidisciplinary Reseach
Rizani, Muhammad
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Same-Sex Marriage: A Comparative Study of Indonesian, Netherlands, And American Legal Regulations and Their Socio-Legal Implications Rahman, Muhammad Ridho; Rizani, Muhammad; Al Amruzi, M. Fahmi
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17826

Abstract

This research originates from the increasing global attention and public debate regarding same-sex marriage, which has sparked widespread controversy across various societies. The study seeks to provide a comparative analysis of the legal regulations on same-sex marriage in Indonesia, the Netherlands, and the United States, examining both their legal frameworks and the broader social implications that arise from them. Utilizing normative, comparative, and conceptual methodologies, the research investigates how each country approaches the issue based on its cultural norms, religious values, and constitutional commitments. In Indonesia, same-sex marriage remains unrecognized and is firmly rejected. The prevailing cultural and moral narratives in Indonesia reinforce the perception that marriage must be between a man and a woman, in accordance with religious teachings and traditional family structures. On the other hand, both the Netherlands and the United States have embraced stance by legalizing same-sex marriage. These countries view the issue through the lens of individual rights, equality before the law, and the protection of civil liberties. Their legal systems recognize same-sex unions as a fundamental expression of human dignity and freedom, aligning with broader commitments to human rights. The contrast between these legal approaches underscores how legal systems are profoundly shaped by a country's social context, ideology, and historical development. Therefore, the study highlights the importance of cultural relativism in law, emphasizing that legal interpretations and norms must be understood within the specific cultural and ideological contexts in which they exist.
THE POSSIBILITY OF ACHIEVING A SAKINAH FAMILY IN MARRIAGES INVOLVING INDIVIDUALS WITH NARCISSISTIC PERSONALITY DISORDER Rizani, Muhammad
International Journal of Multidisciplinary Reseach Vol. 1 No. 5 (2025): Desember
Publisher : International Journal of Multidisciplinary Reseach

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Abstract

Marriage in Islam aims to achieve tranquility (sakinah), affection (mawaddah), and compassion (rahmah), as emphasized in the Qur’an, Surah Ar-Rum [30]:21. However, the realities of modern life reveal growing psychological challenges within marriages, one of which emerges when a spouse suffers from Narcissistic Personality Disorder (NPD). This disorder is characterized by an inflated sense of self-importance, a constant need for admiration, and a lack of empathy toward others. This study adopts an interdisciplinary approach combining psychology and Islamic family law through a qualitative-descriptive analysis, exploring the possibility of building a sakinah family when one partner has NPD. The findings indicate that the egocentric and empathy-deficient traits of narcissism fundamentally contradict the principles of rahmah and mawaddah, which are the spiritual essence of an Islamic household. Drawing on empirical data from the APA (2013), Campbell & Miller (2011), and Harvard Medical School (2018), individuals with NPD tend to form manipulative and unstable relationships. From an Islamic perspective, such behavior violates the command of mu‘āsyarah bil ma‘rūf as stated in Qur’an Surah An-Nisa [4]:19. Nevertheless, Islam leaves room for recovery through psychological therapy, spiritual guidance, and Islamic family counseling. The legal maxim adh-dhararu yuzāl (“harm must be eliminated”) provides the moral foundation for allowing separation when the relationship causes emotional distress and the loss of inner peace.
TA‘ABBUDI AND TA‘AQQULI OBJECTS IN THE DETERMINATION OF IDDAH MAINTENANCE: A NORMATIVE MAQASIDI STUDY Rizani, Muhammad; Khasyi’in, Nuril
International Journal of Multidisciplinary Reseach Vol. 1 No. 5 (2025): Desember
Publisher : International Journal of Multidisciplinary Reseach

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Abstract

This article examines the normative structure of iddah maintenance in Islamic family law through an integrative framework that combines classical fiqh, maqāṣid al-sharī‘ah, and Indonesian positive law. Although the Qur’an affirms the obligation to provide financial protection for women after divorce, the practice of Religious Courts in Indonesia demonstrates significant disparities in determining the amount of iddah maintenance. These irregularities arise from the lack of a clear distinction between the ta‘abbudi dimension, which is fixed and ritual in nature, and the ta‘aqquli dimension, which is rational and contextual, in understanding this legal provision. This study employs a normative legal research method using statutory, conceptual, historical, and comparative approaches. The findings indicate that the obligation of iddah maintenance is grounded in a ta‘abbudi dimension derived directly from the Qur’anic and Prophetic texts. Nevertheless, the form, amount, and mechanism of its fulfillment fall within the ta‘aqquli domain, determined by the husband’s economic capacity, the wife’s reasonable needs, and prevailing socio-economic conditions. An examination of classical fiqh reveals methodological diversity, in which the Hanafi and Maliki schools emphasize maslahah and the protection of women, while the Shafi‘i and Hanbali schools adopt a more textualist and restrictive approach. Judicial practice in Indonesian Religious Courts demonstrates a growing tendency to employ maqāṣid-based reasoning, particularly with regard to the protection of life (ḥifẓ al-nafs), property (ḥifẓ al-māl), and the principle of al-ma‘rūf. This study concludes that iddah maintenance constitutes a hybrid legal norm whose obligation is fixed, while its implementation is context-dependent, and therefore recommends the formulation of more comprehensive judicial guidelines.
Co-Authors Khasyi’in, Nuril M. Fahmi Al Amruzi, M. Fahmi Rahman, Muhammad Ridho