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All Journal Isti`dal : Jurnal Studi Hukum Islam El-Usrah: Jurnal Hukum Keluarga Al-Ittihad: Jurnal Pemikiran dan Hukum Islam Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Darmabakti : Junal Pengabdian dan Pemberdayaan Masyarakat Indonesian Journal of Social Research (IJSR) Jurnal Cahaya Mandalika Journal of Feminism and Gender Studies MAQASIDI Jurnal Pengabdian Multidisiplin Indonesian Community Development Journal (ICODEV) Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal Pengabdian Pada Masyarakat Journal of Mandalika Literature Profetik: Jurnal Pengabdian Masyarakat Journal of Feminism and Gender Studies (JFGS)
Imron Choeri
Universitas Islam Nahdlatul Ulama Jepara
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Journal : MAQASIDI

 1 
The Determination of Ṭalāq Timing: A Comparative Study Between the Compilation of Islamic Law and the Shafi’i School Scholars Alfi, Alfi; Choeri, Imron; Rosyad, Amrina
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 1 (Juni 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i1.4680

Abstract

This study examines the differences in the determination of the timing of ṭalāq between the Compilation of Islamic Law (KHI)—as a codified representation of Islamic law in Indonesia and the views of classical scholars, particularly those of the Shafi’i school. The focus of the study lies in how each legal system defines the moment when ṭalāq is considered valid and legally effective, as well as its legal implications on the rights of husbands and wives and the integrity of the family institution. This research adopts a juridical-normative approach and applies a descriptive-analytical method, drawing from literature reviews of classical fiqh texts, statutory regulations, and relevant scholarly journals. The findings indicate that, according to the Shafi’i school, ṭalāq is considered to take effect immediately upon the husband’s pronouncement of a valid ṭalāq, whether expressed explicitly (ṣarīḥ), which requires no accompanying intention, or implicitly (kināyah), which must be accompanied by intent. In this context, the legal effect of ṭalāq does not depend on court proceedings or administrative registration; rather, it hinges on the husband’s verbal expression and intention as the substantive conditions for validity. Conversely, under the KHI, ṭalāq is only deemed valid if it is formally declared by the husband before a panel of judges during a Religious Court session. Any ṭalāq pronounced outside this official mechanism, such as privately or informally, has no legal standing, even if stated verbally by the husband. This divergence reflects a shift in legal paradigms: from a substantive-textual approach in classical jurisprudence to a formal-procedural approach in contemporary, institutionalized Islamic law. The KHI emphasizes women’s protection and legal certainty within the household, while the Shafi’i school focuses more on the authority of the husband and the spiritual-legal meaning of ṭalāq. Therefore, this study highlights the importance of harmonizing classical fiqh values with the demands of modern legal frameworks, ensuring that Islamic law remains contextual, just, and responsive to the evolving dynamics of contemporary society.
The Obligation of Husband to Provide Financial Support in IslamicFamily Law Perspective toward a Financially Independent Wife Fauzi, Ahmad; Choeri, Imron; Hudi, Hudi
MAQASIDI: Jurnal Syariah dan Hukum Vol. 5, No. 2 (Desember 2025)
Publisher : MAQASIDI: Jurnal Syariah dan Hukum published by the Islamic Criminal Law Program of the Sharia and Islamic Economics Department at the Sekolah Tinggi Agama Islam Negeri Teungku Dirundeng Meulaboh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47498/maqasidi.v5i2.5838

Abstract

The increasing participation of wives in income-generating activities has become a significant feature of contemporary family life, reshaping economic relations within households and raising important normative questions regarding financial responsibility. Within the framework of Islamic family law, the obligation of financial maintenance (nafkah) remains a fundamental and binding duty of the husband toward his wife and children, as firmly established in the Qur’an, the Sunnah, and the Compilation of Islamic Law (KHI). However, modern socio-economic realities increasingly reflect shared economic roles between spouses, particularly in families where wives earn independent income. This study examines the legal construction of the husband’s obligation of nafkah and analyzes its relevance in the context of working wives with independent earnings. Employing a library-based research method, the study adopts a normative-theological and descriptive-analytical approach. The analysis draws upon classical Islamic jurisprudential sources, contemporary scholarly literature, and relevant legal regulations, which are examined through the principles of justice, reciprocity, and family responsibility in Islamic law. The findings indicate that the husband’s obligation to provide nafkah remains legally binding regardless of the wife’s economic status. The wife’s income is recognized as her exclusive personal right and does not invalidate the husband’s responsibility, although it may be voluntarily allocated to support household needs. Consequently, Islamic family law accommodates economic transformation while preserving its normative foundations, encouraging balanced and harmonious partnerships within modern Muslim families.
Co-Authors Abil Anam Afendi, Muhammad Ahmad Muzayim Alfi, Alfi Amrina Rosyada Amrina Rosyada Amrina Rosyada Anam, Abil Ansori, Miswan Ariyanti, Diana Putri Auliya, Ceaciellya Dhaiya’ul Bisri Mustofa Dliyaul Adlha Fauzi Ahmad Muda Hazmi, Faiqul hudi, hudi Indra Ardian Septiarna Kaila, Adinda Nafaul M. Emil Hakim Aba Mardiana, Novita Putri Mufidah, Alimatul Muhammad Izzun Nidhom Muhammad Syamsul Huda Muhammad Zidni Niam Munasir Mustofa, Ah Bisri Nanang Sugandi Novita Putri Mardiana Rani Fitriani Rosyad, Amrina Sadid, Muhammad Arfin Salam, Nur Cahyo Muhammad Agus Silfana, Nadia Syahrul Adhim Syamsul Maarif Syamsul Ma`rif Syamsul Ma’arif Utami, Cahyaning B. Utami, Cahyaning Budi Utami, Cahyaning Budi Utami Wahidullah Wahidullah