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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam ASAS : Jurnal Hukum Ekonomi Syariah Al-'Adalah Al-Ulum Al-Tahrir: Jurnal Pemikiran Islam Nurani: Jurnal Kajian Syariah dan Masyarakat Al-Ihkam: Jurnal Hukum dan Pranata Sosial JURNAL MAHKAMAH Jurnal Ilmiah Universitas Batanghari Jambi SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Ilmiah Al-Syir'ah Pendas : Jurnah Ilmiah Pendidikan Dasar Islamic Guidance and Counseling Journal Syarikat : Jurnal Rumpun Ekonomi Syariah Al-Maslahah Justisia Ekonomika Politea : Jurnal Politik Islam Jurnal Ilmu Hukum KYADIREN ADHKI: Journal of Islamic Family Law As-Syar'i : Jurnal Bimbingan & Konseling Keluarga ANALISIS - SCIENTIFIC JOURNAL OF ECONOMICS, MANAGEMENT, BUSINESS, AND ACCOUNTING Jurnal Hukum Lex Generalis Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam El-Izdiwaj: Indonesian Journal of Civil and Islamic Family Law Smart: Journal of Sharia, Tradition, and Modernity Jurnal Interpretasi Hukum Journal of Islamic and Law Studies (JILS) JURIS (Jurnal Ilmiah Syariah) JUSTICIA SAINS: Jurnal Ilmu Hukum Al Hurriyah : Jurnal Hukum Islam Al-Istinbath: Jurnal Hukum Islam Jurnal Ilmiah MEA (Manajemen, Ekonomi, dan Akuntansi) El-Fikr: Jurnal Aqidah dan Filsafat Islam Innovative: Journal Of Social Science Research Al Maqashidi : Jurnal Hukum Islam Nusantara Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga USRATY : Journal of Islamic Family Law Sahaja : Journal Sharia and Humanities Madania: Jurnal Kajian Keislaman Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Abdul Qodir Zaelani
Universitas Islam Negeri Raden Intan Lampung
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Pelecehan Seksual sebagai Alasan Perceraian: Studi Kasus di Desa Katibung Kecamatan Sidomulyo Kabupaten Lampung Selatan Adila Maria Ulfa; Abdul Qodir Zaelani; Kartika S
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 2 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i2.11961

Abstract

Sexual harassment within the family occurs as a social reality in Katibung Village, Sidomulyo District, South Lampung Regency. The case involves a wife pregnant with her first child who experienced sexual harassment from her stepfather-in-law. The husband failed to defend his wife, causing her to return to her parents' home and refuse to go back due to trauma. This prolonged separation eventually led to talak and official divorce at the Religious Court. This study examines: (1) forms of sexual harassment as grounds for divorce including chronology and impact, and (2) the legal position of sexual harassment as groundsfor divorce in Islamic family law. This research employs a qualitativenorm tive-empirical field research approach with in-depth interviews of four informants selected by purposive sampling. Results show that sexual harassment during pregnancy caused dharar threatening the victim's life, intellect, and honor. In Islamic family law, this contradicts Maqāṣid asy-Syarī‘ah, making the talak and divorce legally valid.
Teknologi Three-Parent Baby dan Implikasinya terhadap Nasab Perspektif Sadd adz-Dzari’ah Nida Rafiqa Izzati; N. Nurnazli; Abdul Qodir Zaelani; M. Natsir Asnawi; Rezkia Zahara Lubis
Jurnal Interpretasi Hukum Vol. 6 No. 1 (2025): Jurnal Interpretasi Hukum
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/juinhum.6.1.11831.97-107

Abstract

The Three-Parent Baby Technology (TPBT) is a medical innovation aimed at preventing the hereditary transmission of mitochondrial disorders by combining genetic material from two women and one man. While offering a health solution, this technology raises significant issues in Islamic law, particularly regarding lineage clarity (nasab). This study addresses three main focuses: first, the concept and development of TPBT in medical science; second, the principle of sadd adz-dzari’ah as a method of legal determination in Islam; and third, the analysis of TPBT from the sadd adz-dzari’ah perspective and its implications for lineage in Islamic family law. Employing a qualitative approach through library research, this study draws from primary and secondary sources in Islamic legal discourse. The findings indicate that while TPBT is clinically effective, it remains uncertain in terms of long-term safety. In Islamic law, sadd adz-dzari’ah functions as a legal method that prevents harm by closing avenues leading to potential damage (mafsadat). From this perspective, TPBT risks obscuring lineage, violating Sharia principles of reproduction, posing long-term health risks (for both the woman undergoing the procedure and the resulting child), exploiting women, enabling genetic engineering abuse, and conflicting with the concept of qadha and qadar. Based on its inherent potential for harm, TPBT falls into the category of acts that are intrinsically prohibited due to their destructive nature. Scholars agree that such actions must be prevented. Therefore, through the lens of sadd adz-dzari’ah, TPBT is assessed as causing more harm than benefit and is deemed inappropriate for implementation in Islamic family law.
Penggunaan Financial Technology (Fintech) Syariah dalam Pembagian Harta Waris Bagi Keluarga Muslim Cahya Kamila Maharani; Abdul Qodir Zaelani; Dian Eka Putri; Sarah As Shofa
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 7 No. 2 (2026): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam: In Press
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v7i2.52183

Abstract

The rapid development of digital technology has encouraged the emergence of financial technology (fintech), which not only functions in modern financial transactions but is also beginning to be applied in family asset management, including inheritance distribution. In the context of Muslim families, inheritance distribution is clearly regulated in Islamic law as well as in Indonesian positive law. However, its practice often encounters challenges such as limited understanding of heirs regarding faraidh, conflicting interests among family members, and a lack of transparency in asset management. This study aims to analyze the role of fintech as a supporting instrument in inheritance distribution for Muslim families, particularly in terms of efficiency, accuracy, and transparency. The research applies a normative-empirical approach by examining Islamic inheritance law, fintech regulations in Indonesia, and case studies on the use of digital applications in inheritance management. The findings indicate that fintech can provide an innovative solution in asset inventory, calculation of shares based on faraidh, and equitable distribution of assets with reliable records. Nevertheless, the implementation of fintech in inheritance distribution still faces challenges, especially concerning legal validity, personal data protection, and the readiness of Muslim communities to embrace digitalization in such a sensitive matter. Therefore, synergy between financial authorities, Islamic institutions, and legal regulators is required to ensure that fintech can be integrated legally and effectively in the inheritance distribution of Muslim families.
bahasa inggris Muhammad Samson Fajar; Enizar; Abdul Qodir Zaelani; Sofyan Munawar
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.395

Abstract

The increasing phenomenon of individuals choosing to be single in the modern era is a significant social change. Various factors such as career busyness, individual freedom, and changes in social values ​​have influenced people's mindsets towards the institution of marriage. This study analyzes how the critical reasoning of the Qur'an responds to the phenomenon of being single with a multidisciplinary approach that combines the historical reasoning of Muhammad Arkoun, the epistemology of Al-Ghazali, and the fiqh of ikhtilaf of Ibn Rushd. The research method used is library research, by making the Qur'an as the main source in responding to the law of celibacy (rahbaniyah). Secondary data was obtained from relevant books of interpretation, history, sociology, and psychology. The results of the study show that although Islam does not absolutely prohibit individuals from being single, marriage remains an institution recommended in Islam to maintain social stability and the sustainability of civilization. In the dialectical analysis, it was found that Arkoun emphasized the historical and social context in understanding Islamic teachings, while Al-Ghazali saw the spiritual and moral aspects of the individual in the decision to be single. Ibn Rushd, with his ikhtilaf fiqh approach, emphasized that marriage has flexible laws depending on the individual and social conditions. Therefore, this study concludes that marriage is more recommended than being single because it has broader benefits in social, economic, and psychological aspects, although it still provides space for individuals to consider their personal conditions.
The Phenomenon of Lifelong Singles in Indonesia: An Islamic Law and Psychological Health Study Bagus Kusumo Hadi; Robi’atin A’dawiyah; Abdul Qodir Zaelani; Arroyan Na'im; Asyifa Nur Azizah
USRATY : Journal of Islamic Family Law Vol. 2 No. 2 (2024): USRATY : Journal of Islamic Family Law
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i2.8704

Abstract

The phenomenon of singlehood or remaining unmarried often sparks debates within society, addressing aspects of religion, psychology, and health. The decision not to marry is often viewed as deviating from social norms and generates negative stigma, leading to various issues related to acceptance and its impact on individuals. This study employs a descriptive qualitative method to examine this phenomenon from multiple perspectives. Islamic law provides flexibility for individuals to remain unmarried, as long as the decision is based on the intention of piety and worship. Prominent scholars such as Imam Shafi'i and Imam Nawawi assert that living without a spouse is permissible, as long as it remains oriented towards spiritual goals. From a psychological standpoint, the choice to remain unmarried is influenced by factors such as family dynamics, views on independence, and life experiences. This decision may offer benefits, such as career development and personal freedom, but it can also present challenges in the form of social pressure and the risk of loneliness. From a health perspective, marital status is closely linked to both physical and mental well-being. Unmarried individuals tend to face a higher risk of mental health issues, such as depression and anxiety, yet they are also spared from marital conflicts that may negatively affect psychological well-being. This study concludes that the choice of singlehood can be understood from various viewpoints, while considering the individual’s circumstances, intentions, and needs. The contribution of this research is to provide a multidimensional insight into singlehood, which can serve as a reference for policymakers, health practitioners, and society in supporting individuals who choose this path wisely and with respect.
bahasa inggris: HISTORICAL DIALECTIC ANALYSIS OF ARKOUN, AL-GHAZALI'S EPISTEMOLOGY, AND IBN RUSYD'S FIQH OF IKHTILAF Muhammad Samson Fajar; Enizar; Abdul Qodir Zaelani; Sofyan Munawar
Sahaja: Journal Sharia and Humanities Vol. 4 No. 1 (2025): Sahaja: Journal Sharia and Humanities
Publisher : Universitas Darunnajah Jakarta, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61159/sahaja.v4i1.395

Abstract

The increasing phenomenon of individuals choosing to be single in the modern era is a significant social change. Various factors such as career busyness, individual freedom, and changes in social values ??have influenced people's mindsets towards the institution of marriage. This study analyzes how the critical reasoning of the Qur'an responds to the phenomenon of being single with a multidisciplinary approach that combines the historical reasoning of Muhammad Arkoun, the epistemology of Al-Ghazali, and the fiqh of ikhtilaf of Ibn Rushd. The research method used is library research, by making the Qur'an as the main source in responding to the law of celibacy (rahbaniyah). Secondary data was obtained from relevant books of interpretation, history, sociology, and psychology. The results of the study show that although Islam does not absolutely prohibit individuals from being single, marriage remains an institution recommended in Islam to maintain social stability and the sustainability of civilization. In the dialectical analysis, it was found that Arkoun emphasized the historical and social context in understanding Islamic teachings, while Al-Ghazali saw the spiritual and moral aspects of the individual in the decision to be single. Ibn Rushd, with his ikhtilaf fiqh approach, emphasized that marriage has flexible laws depending on the individual and social conditions. Therefore, this study concludes that marriage is more recommended than being single because it has broader benefits in social, economic, and psychological aspects, although it still provides space for individuals to consider their personal conditions.
Inkompatibilitas Sosial dalam Pemberlakuan Aturan Perkawinan di bawah Tangan Pada Masyarakat Plural di Kecamatan Katibung Lampung Selatan Azima Amalia; Nurnazli Nurnazli; Abdul Qodir Zaelani
Jurnal Ilmiah Universitas Batanghari Jambi Vol 26, No 2 (2026): Juli
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/jiubj.v26i2.6500

Abstract

This study aims to analyze the social incompatibility in the implementation of unregistered marriage (nikah siri) regulations within a plural society, focusing on the readiness of state legal instruments, socio-cultural factors, and the relevance of the maqāṣid al-sharī‘ah approach. This research employs a field research method with a descriptive qualitative approach. Data were collected through observation, in-depth interviews, and documentation involving relatives of unregistered marriage actors, officials of the Office of Religious Affairs (KUA), and community leaders. The findings reveal that, normatively, the state has established adequate legal instruments governing marriage, particularly regarding mandatory registration as a form of legal protection. However, in practice, there remains a gap between legal norms and social realities, where people tend to prioritize religious validity over administrative registration. Socio-cultural factors and low legal awareness significantly influence the preference for unregistered marriages. Furthermore, from the perspective of maqasid al-shari‘ah, unregistered marriage practices are considered inconsistent with the objectives of protecting life, lineage, and property, as they potentially harm women and children. Therefore, marriage registration is viewed as a crucial instrument in ensuring family welfare. This study highlights the need for integrating state legal norms with social values through strengthening legal literacy and institutional roles.
FAMILY LAW POLITICS IN INDONESIA FROM THE PERSPECTIVE OF MOH. MAHFUD MD'S DIALECTICAL RELATIONSHIP THEORY Suaidah Nasution; Dodi Ferdiansyah; Abdul Qodir Zaelani
Politea : Jurnal Politik Islam Vol. 9 No. 2 (2026): Digital Governance, Political Ethics, and Social Transformation in Islamic and
Publisher : UIN Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/politea.v9i2.15569

Abstract

Islamic family law politics in Indonesia develops through complex dialectical interactions between religion, state, local culture, and national legal reform movements. This complexity is intensified by diverse Islamic legal schools and political currents seeking either formalization or substantivization of Islamic law within the national system. This article analyzes these dynamics using Moh. Mahfud MD’s dialectical relationship theory, focusing on how Islam, the state, and culture shape the formation and reform of family law. This study employs normative legal research with conceptual and historical approaches, examining primary and secondary legal materials on Islamic family law and Mahfud MD’s theory. The findings show that Islamic family law evolves through a selective positivization process guided by cultural and substantive approaches integrating Islamic values into the Pancasila constitutional framework without requiring a formal Islamic state. Key legislation such as the Marriage Law (1974), Religious Courts Law (1989), and Compilation of Islamic Law (KHI) reflect a productive synthesis between Islamic norms and national law. Thus, Islamic family law in Indonesia develops through dialectical negotiation rather than unilateral Islamization, with Mahfud MD’s framework offering a reconciliatory paradigm for embedding Islamic values within the national legal system.
Pandangan Hukum Islam tentang Hidup Serumah setelah Talak Bain Kubra di Desa Way Urang Lampung Selatan Ayub Sutiawan; Abdul Qodir Zaelani; Maimun Maimun; Yusuf Baihaqi
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 8 No. 1 (2026): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v8i1.10393

Abstract

This study aims to analyze the perspective of Islamic law on the practice of cohabitation after the occurrence of talak bain kubra (triple divorce), focusing on a literature-based analysis of primary Islamic legal sources such as the Qur’an, Hadith, scholars’ opinions, and classical as well as contemporary fiqh literature. This research is a library study (library research) employing normative juridical and conceptual approaches. Data were obtained through a review of classical fiqh texts from the four schools of thought (madhhab), Qur’anic exegesis, scholarly works, and legal provisions related to Islamic family law. The findings indicate that, according to Islamic law, cohabitation between a man and a woman after the occurrence of talak bain kubra is prohibited and considered unlawful (haram). Based on the Qur’an, Surah Al-Baqarah (2:230), it is stated that if a husband divorces his wife for the third time, it is not lawful for him to remarry her unless she has lawfully married another man and that marriage ends naturally. This view is supported by the majority of scholars from the Shafi‘i, Hanafi, Maliki, and Hanbali schools, who agree that talak bain kubra completely dissolves the marital bond (faskhun nikah), and a remarriage can only occur after the condition of tahlil has been fulfilled in accordance with Sharia. The analysis of fiqh literature further reveals that cohabitation without a valid marriage contract after talak bain kubra contradicts the principles of ‘iffah (chastity) and hifz an-nasl (protection of lineage), which are integral parts of the objectives of Islamic law (maqasid al-shari‘ah). From a social standpoint, such practices often arise due to low Islamic legal literacy, economic constraints, and misconceptions regarding the concept of ruju‘ (reconciliation) in Islam. This study concludes that cohabitation after talak bain kubra, from the perspective of Islamic law, constitutes a clear violation of definitive (qat‘i) religious injunctions. Therefore, it is necessary to enhance public understanding through Islamic legal education and scholarly-based religious outreach to ensure awareness of the legal boundaries governing marital relations after a triple divorce.
Pandangan Non-Government Organization (NGO) Perempuan tentang Fenomena Childfree dalam Perspektif Hukum Keluarga Islam: Studi pada LSM Damar dan PKBI Lampung Aulia Lutfiani; Abdul Qodir Zaelani; Ahmad Burhanuddin
Jurnal Hukum Lex Generalis Vol 7 No 2 (2026): Tema Hukum Islam
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i2.4089

Abstract

This study aims to analyze the perspectives of women’s non-governmental organizations, namely Damar Foundation and PKBI Lampung, regarding the childfree phenomenon that has emerged in modern society and is considered contrary to the principles of Islamic family law, particularly concerning the purpose of marriage, lineage preservation (hifz al-nasl), and reproductive responsibilities within the family. The childfree phenomenon reflects changing perspectives among younger generations regarding the meaning of marriage, raising legal issues concerning its compatibility with Islamic legal norms in Indonesia. This study employs an empirical research method with a case approach. The findings indicate that both organizations perceive childfree as a social phenomenon that should be understood contextually. Damar Foundation emphasizes gender justice and women’s reproductive rights, while PKBI Lampung highlights reproductive health, public welfare (maslahah), and mutual consultation between spouses. This study contributes to the development of Islamic family law that is more responsive to contemporary social dynamics.
Co-Authors Abdul Hanif Abdul Hanif Abdul Hanif Adawiyah, Robiatin Adi Saputra, Fahmi Adila Maria Ulfa Agus Hermanto Agus Hermanto AHMAD BURHANUDDIN Ahmad Rajafi Amin Rais Andi Armi Ardi, Muh Zaitun Armanto, M Edi Arroyan Na'im Asyifa Nur Azizah Aulia Lutfiani Aulia Lutfiani Ayub Sutiawan Azima Amalia Azizah, Khana Azzam Arfa, M Fadhil Bagus Kusumo Hadi Burhan, Rusli Bustomi Cahya Kamila Maharani Chaidir Nasution Dedi Koswara Desrianto Dewi Setia Wati Dian Eka Putri Dodi Ferdiansyah Efa Rodiah Nur Eka Sakti Yudha Enizar Enizar Enizar Erina Pane Etika Pujianti Eva Fitriyanah Faisal Faisal Faisal, Agus Fajar, Mokhamad Samson Fajar, Mokhammad Samson Fathul Mu’in Fathurrahman Fathurrahman Fauzan Febrian Maulana Putra Fikriyah, Kunidhurotul Gegana, Tomi Adam Ghummiah, Shivi Mala Gusher, Agus Hermanto Hadi, Bagus Kusumo Hadi, Dino Gautman Raharjo Hanif Hanif Al-fauzi Nur Hanif, Abdul Imam Syafi'i Indra, Gandi Liyorba Irwantoni Irwantoni Irwantoni Irwantoni Irwantoni Irwantoni Is Susanto Iskandar Syukur Issusanto, Issusanto Ja’far, Ahmad Khumedi Kartika S Khairudin Khairudin Kusuma, Kurniawan Putra Liky Faizal Linda Firdawati Linda Firdawaty Luqman Hafiz M. Natsir Asnawi M. Yasin Al Arif Madnasir Madnasir Maimun Maimun Maimun Maimun Maimun Maimun Maliki, Ibnu Akbar Millah, Nadiya Ihda Mokhammad Samson Fajar Mubasit Mubasit Mubasit Mubasit, Mubasit Muhammad Akmansyah Muhammad Alvin Saputra Muhammad Iqbal Fasa MUHAMMAD REZA FAHLEVY Muhammad Samson Fajar Mujahid, Amin Muzakki, M. Harir Mu’in, Fathul N. Nurnazli Nida Rafiqa Izzati Nida Rafiqa Izzati Nur, Hanif Al-fauzi Nurnazli Nurnazli Nurnazli Nurnazli Pranika, Ranita Putri, Mutiara Eka Rais, Amin Relit Nur Edi Rezkia Zahara Lubis Rinaldo, Edward Robi'atin A'dawiyah Robi’atin A’dawiyah Ronaldo, Reza Rosidi Rosidi Rudi Santoso Ruslan Abdul Ghofur Saputra, Aldila Leo Sarah As Shofa Siti Kulsum SITI MAHMUDAH Sofyan Munawar Solehuddin, M Suaidah Nasution Supriyadi Supriyadi Syakina, Bella Syamsul Hilal Syamsul Hilal Teresa, Teresa Tomi Adam Gegana Wati, Dewi Setio Yusuf Baihaqi Yusuf Baihaqi Zuhraini Zuhraini Zuhraini