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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial DIKTUM: JURNAL SYARIAH DAN HUKUM World Journal of Islamic Learning and Teaching
Ahmad Muhtadi Anshor
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Eclecticism in the Compilation of Islamic Law in Book 1 M. Nasrul Arifin; Mujamil Qomar; Ahmad Muhtadi Anshor
World Journal of Islamic Learning and Teaching Vol. 2 No. 3 (2025): World Journal of Islamic Learning and Teaching
Publisher : Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61132/wjilt.v2i3.423

Abstract

Eclecticism in the Compilation of Islamic Law (KHI) is evident through the incorporation of various opinions from different schools of Islamic jurisprudence, including the Shafi‘i school as the dominant madhhab in Indonesia, as well as the Hanafi, Maliki, and Hanbali schools, alongside several modern approaches. This method reflects an effort to reconstruct Islamic law so that it aligns with social needs and the national legal system. This study employs a library research method. The primary sources consist of the official text of the KHI, classical fiqh works from the four major schools (Hanafi, Maliki, Shafi‘i, and Hanbali), and contemporary literature on Islamic family law in Indonesia. The analytical techniques used include document study, article content analysis, and tracing the compatibility of madhhab opinions with the norms adopted in the KHI, supplemented by a sociological approach to assess the implications of its implementation in practice. The findings indicate that the application of eclecticism in Book I of the KHI is grounded in (a) social plurality; (b) the sustainability of the national legal system; (c) the values of justice; and (d) legal adaptability. The procedural steps of madhhab-based eclecticism in the KHI involve: (a) identifying issues of Islamic law to be compiled, (b) examining textual evidences and madhhab opinions, (c) selecting the most beneficial view (maslahah), (d) harmonizing it with the national legal system, and (e) conducting academic validation and social feasibility testing.    
Best Interest of the Child (Ḥifẓ al-Awlād) Principle in Adjudicating Marriage Dispensation for Under-Age Couples Moch. Nurcholis; Iffatin Nur; Abd. Holik; Ahmad Muhtadi Anshor
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i2.15927

Abstract

Since the enactment of Law Number 16 of 2019, which amended Law Number 1 of 1974 on Marriage, the Religious Court of Malang Regency has experienced a significant surge in marriage dispensation applications compared to the period when the previous Marriage Law was still in effect. This research aims to construct the concept of maqāṣid asy-syarī’ah fī ḥifẓ al-awlād by analyzing judicial reasoning of judges in determining marriage dispensations at Malang Regency Religious Court. It specifically explores how judges’ interpretations of the best interests of the child can be formulated into a new derivative of maqāṣid theory. This research is a normative-empirical juridical research with a case approach. The data were collected through interviews with three male judges and two female judges from the Religious Court of Malang Regency. Informants were selected using purposive sampling, targeting judges with the most extensive experience in handling marriage dispensation cases. As data saturation had been reached, the number of informants was deemed qualitatively representative. Data were also obtained from official documentation of legally binding marriage dispensation rulings (inkracht van gewijsde). All data were analyzed using a descriptive-analytical approach, and conclusions were drawn through the application of an interactive cyclical method. The principle of the best interests of the child in determining marriage dispensations aims at providing protection for the child, both physically and psychologically. It includes the age of the prospective bride and groom, economic adequacy, reliable guidance and assistance from the family, and adequate religious safety and protection of children in the womb.
Istri Pemberi Nafkah Utama dalam UU No. 1 Tahun 1974 Perkawinan Perspektif Maqāshid al-shari’ah Jasser Auda Pangestu, Pujo; Asmawi; Ahmad Muhtadi Anshor
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i2.15419

Abstract

Background: In contemporary society, professional women are present in every field, from educators to heads of state. Consequently, the phenomenon of the wife becoming the main breadwinner within the family context is increasingly common. However, existing regulations, a prevailing patriarchal culture, and non-comprehensive religious interpretations often act as barriers. It is therefore crucial to re-examine the wife's role as the primary provider within the current legal framework. Purpose: This study aims to analyze the position of the wife as the main breadwinner within the legal framework of Law No. 1 of 1974 on Marriage, and to connect it with the objectives of Jasser Auda Maqashid al-Shari’ah, which emphasize justice, welfare, and the sustainability of the family in an increasingly dynamic society. Methods: The research method employed is a literature review using a qualitative and normative approach. Data are collected from legal sources (Law No. 1/1974), scientific literature, and Jasser Auda’s Maqashid al-Shari’ah perspective. The data are then analyzed to identify the relevance and applicability of these principles within the context of dynamic gender roles. Results: The findings indicate that the wife's role as the main breadwinner can be legally recognized and has positive implications for family welfare. The discussion highlights the importance of revising the understanding of gender norms within marriage law. Implication: It is recommended that there is a need for policy support aligned with Maqashid al-Shari’ah to revise gender norm understandings, thereby creating a more just and balanced environment for all family members, and ensuring the law does not discriminate against women Originality: This study offers a new jurisprudential perspective that critically integrates Jasser Auda’s Maqashid al-Shari’ah framework to reinterpret the wife's role as the main breadwinner within Marriage Law No. 1 of 1974 which currently poses potential barriers
Co-Authors Asmawi Holik, Abd. Iffatin Nur M. Nasrul Arifin Moch. Nurcholis Mujamil Qomar Pangestu, Pujo