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All Journal Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam DE JURE EGALITA Al-Risalah : Jurnal Imu Syariah dan Hukum Arena Hukum Jurnal Intelektualita: Keislaman, Sosial, dan Sains Al-Ihkam: Jurnal Hukum dan Pranata Sosial Sawwa: Jurnal Studi Gender Pembaharuan Hukum Journal of SouthEast Asian Human Rights SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam WAJAH HUKUM Waskita: Jurnal Pendidikan Nilai dan Pembangunan Karakter Al-Adalah: Jurnal Hukum dan Politik Islam El-Usrah: Jurnal Hukum Keluarga ADHKI: Journal of Islamic Family Law Sakina: Journal of Family Studies ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan IBDA': Jurnal Kajian Islam dan Budaya DIKTUM: JURNAL SYARIAH DAN HUKUM Proceeding of International Conference on Humanity Education and Society Legitima : Jurnal Hukum Keluarga Islam Journal of Research on Community Engagement
Erfaniah Zuhriah
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Family Corner for the Post-COVID 19 Revitalization of Family Function Sudirman, Sudirman; Ramadhita, Ramadhita; Bachri, Syabbul; Zuhriah, Erfaniah; Mahmudi, Zaenul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 5, No 1 (2021): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v5i1.9122

Abstract

The COVID-19 pandemic has reduced family functions. During the COVID-19 pandemic, Indonesian families face three significant problems: distanced-family relations; neglected family education; and unequal socio-economic situation. This paper aims at explaining these three fundamental changes in family institutions. Besides, this paper identifies the factors that lead to family dysfunction. This article also offers concrete solutions to restore the lose of families function due to the COVID-19, i.e. the formation of a Family Corner. This research is a normative study using a critical, descriptive analysis method by presenting data from various literature and document sources. The latest data supported by several recent studies are described in detail in this paper. This research shows that post-pandemic family functions’ revitalization can be started by preparing a strong husband and wife’s emotional maturity.In addition, it is necessary to assist in communication and financial management of the family. Furthermore, revitalization will be successful if job opportunities are opened as widely as possible with incentive funds from the government and philanthropic institutions. Finally, the resolution and anticipation of natural disasters can be anticipated and resolved as quickly as possible. One of the effective ways for family revitalization is by establishing a Family Corner at each smallest unit of the society (Rukun Tetangga and Rukun Warga). Further research on this issue can be conducted through interviews with some informants who have experienced changes family lifestyle during the COVID-19 pandemic and mapping their hopes post pandemic period.
Tajdid Ushul Fiqh’s Husein Muhammad And Reformulation Of Women’s Jurisprudence Rohmah, Siti; Hamidah, Tutik; Zuhriah, Erfaniah; SJ, Fadil
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.1

Abstract

This study proposes ideas for reforming Husein Muhammad’s ushul fiqh to address and deconstruct the gender biases present in some aspects of Islamic law in Indonesia. Using a conceptual research approach through a literature study, this research finds that Husein Muhammad employed the method of reforming ushul fiqh when examining women’s fiqh issues. Husein Muhammad’s approach to tajdid in ushul fiqh includes Tawhid as the fundamental basis for understanding the Qur’an and hadith, interpreting the concept of asbâb al-nuzûl by examining the broader historical context of human traditions at the time of the Qur’an’s revelation, rather than a narrow focus, differentiating between muhkamat verses with universal values and mutasyabihat verses with particular dimensions, considering Makiyyah verses to have a universal dimension, in contrast to Madaniyyah verses which are seen as having specific dimensions, and typologizing verses into those with legal dimensions and those with informative dimensions, as well as distinguishing between legal hadiths and informative hadiths. The renewal of the epistemology of Islamic law proposed by Husein Muhammad aims to produce Islamic legal interpretations that are just and gender-equal, freeing women from the constraints of patriarchal culture and misogynistic fiqh texts.
Navigating Islam and Human Rights: Examining Women's Right to Refuse Pregnancy in Indonesia Zuhriah, Erfaniah; Syahriana, Nur Alfy; Ali, Zezen Zainul
Journal of Southeast Asian Human Rights Vol. 8 No. 2 (2024): December 2024
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jseahr.v8i2.42631

Abstract

The purpose of this study is to examine whether women have the right to refuse pregnancy. This idea is an Islamic jurisprudence initiated by KH. Husein Muhammad, an Indonesian feminist scholar. This study analyzes the reasons for the emergence of Husein Muhammad's thoughts and provides constructive criticism. The article argues that in Indonesian society, married couples are always required to have children in their marriage. This demand leaves women with no opportunity to bargain over their position as bearers of the reproductive function, and even forces them to become pregnant. In contrast, Islam strongly upholds the interests and justice for women. By using a qualitative approach and literature, as well as data obtained by collecting references and documentation in accordance with the research theme, it was found that Husein Muhammad’s concept of women having the right to refuse pregnancy was influenced not only by the meaning of the text but also by the externalization of thoughts that arose as a result of the process of interaction and dialectics with the people around him. The objectivation process is carried out in the process of Husein Muhammad's self-interpretation of the knowledge that has been obtained, shaped by his history of studying women’s issues. Husein Muhammad based his thoughts on Islamic principles, namely justice, deliberation, equality, and peace. Therefore, the right to refuse pregnancy can be categorized as a natural right in human rights. However, the right is still bound to other aspects and is not fully applicable.   Keywords: Women’s Rights, Women’s Perspectives, Islamic Legal Construction, Discrimination, Husein Muhammad
RINTISAN PEMBENTUKAN FORUM PEDULI MASYARAKAT DESA “POJOK SAKINAH” DI KELURAHAN TUNJUNGSEKAR KECAMATAN LOWOWARU KOTA MALANG Sukadi, Imam; Harry, Musleh; Zuhriah, Erfaniah
JRCE (Journal of Research on Community Engagement) Vol 2, No 1 (2020): Journal of Research on Community Engagement
Publisher : Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jrce.v2i1.8812

Abstract

The implementation of UIN Serving activities in Tunjngsekar Subdistrict, Lowokwaru District of Malang concerning the Establishment of the "Pojok Sakinah" Village Community Care Forum is the first step towards Tunjungsekar Urban District as a legal awareness sub-district. The presence of the "sakinah corner" is expected to be able to educate the community members, provide motivation and as a learning tool, as a place for vent and will eventually lead to people who are obedient and aware of the law. Obstacles in the Establishment of the "Pojok Sakinah" Village Community Care Forum in Tunjungsekar Sub-District, Lowokwaru Sub-District of Malang, among others, the lack of activeness of the Tunjungsekar village government apparatus, lack of coordination with the government officials of Tunjugsekar, Karang Taruna, and the lack of community awareness of the importance of the presence of this Sakinah Corner.
Breaking the Cycle of Divorce: Religious and Cultural Mediation by Kyai-Imams in Coastal Muslim Communities in Rembang and Melaka Zuhriah, Erfaniah; Rahmawati, Erik Sabti; Syuhadak , Faridatus; Arifah, Risma Nur; As-suvi, Ahmad Qiram
IBDA` : Jurnal Kajian Islam dan Budaya Vol. 23 No. 1 (2025): IBDA': Jurnal Kajian Islam dan Budaya
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/ibda.v23i1.13658

Abstract

This research endeavours to critically examine the role of cultural mediation by Kyai and Imam in mitigating the incidence of divorce within coastal Muslim communities in Rembang and Melaka. It seeks to understand how these religious leaders influence social dynamics and foster community cohesion, stabilizing familial relationships in these regions. The research used a qualitative approach with interview methods with religious leaders, community members, and legal professionals to identify the social, religious, and legal roles of Kyai and Imam as mediators in family conflicts. The findings reveal that Kyai and Imam are crucial in guiding troubled couples through domestic conflict by integrating religious teachings and formal legal regulations. Kyai and Imams provide spiritual advice and authoritative figures capable of providing practical solutions to resolving family problems. However, challenges related to accessibility to formal mediation and the limitations of informal mediation point to the need for strengthened integration between religious patronage and the state legal system. The study concludes that Kyai and Imam patronage significantly reduces divorce rates. However, closer collaboration between the formal legal and faith-based mediation mechanisms is needed to increase effectiveness. This study offers a fresh perspective on the connections among religion, legal systems, and family mediation within Muslim communities.
Reconstructing Mediation Regulation in Contemporary Islamic Family Disputes: Reform Urgency in Indonesian Religious Courts Nurdiansyah, Putra Pandu Dinata; Tamimi, Lalu Muhammad; Zuhriah, Erfaniah; Naufal Rifqi Nasution
Legitima : Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/2kf5f656

Abstract

Purpose - This study examines the urgency of reforming mediation regulations in Islamic family law disputes in Indonesian religious courts to be more responsive, in line with Islamic values and contemporary legal needs. The current mediation framework is often criticized for its rigidity, legal uncertainty, and procedural inefficiency, which hinder the timely resolution of disputes and limit access to justice. Methods - This study uses a normative legal research method with a legislative approach analysis. Primary and secondary legal materials were collected using a document study method, and these legal materials were then grouped and analyzed according to the formulation of each issue. Findings - The research identifies major regulatory shortcomings, including the weak enforceability of mediated agreements, inadequate mediator qualifications, and the absence of institutional support to encourage mediation. These issues contribute to prolonged litigation and discourage parties from choosing mediation. Reform is needed to establish a more flexible, transparent, and enforceable mediation system that upholds both procedural justice and Islamic legal principles. Research Limitations: This study is limited by its focus on analyzing regulations related to mediation that apply in Indonesia. Originality/Value: The study offers a conceptual framework for reconstructing mediation regulation by bridging Islamic jurisprudence with modern legal mechanisms. 
The Paradigm of Water Justice in Water Resources Law and the Role of Family in the Sustainable Development Goals Framework: A Study in Malang Raya Jundiani, Jundiani; Fadli, Moh; Dwi Qurbani, Indah; Kurniaty, Rika; Zuhriah, Erfaniah
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/06zthp22

Abstract

The paradigm of water justice in water resources law is crucial in realizing fair and sustainable access for the community. This study highlights the problems of inequality in water distribution due to privatization and the implementation of policies that have not fully supported vulnerable communities. This study focuses on the regulation of water resources law in Indonesia, especially Law No. 17 of 2019, and the contribution of families in supporting the principle of water justice within the framework of the Sustainable Development Goals (SDGs). The main questions answered in this study include how current regulations regulate water distribution and access, how effective they are in implementation in Malang Raya, and the role of families in supporting sustainable water management. This type of research is empirical juridical with a sociological juridical approach and an empirical legal approach. Data were obtained through legal document studies, interviews with stakeholders, and direct observation of water consumption and management patterns in local communities. The results show that although national regulations have established water as a public right, its implementation still faces challenges, including an imbalance of access between urban and rural areas, industrial dominance in the use of water resources, and weak community participation in policy processes. The study also found that families have a strategic role to play in educating household members about water conservation and driving more inclusive local policies. This study recommends increasing the role of families in water management policies through community-based environmental education and awareness programs, as well as strengthening regulations to ensure a more equitable distribution of water. Thus, the implementation of the principle of water justice in water resources law can be more effective in supporting the achievement of SDG 6.
The Applicability of Cash Waqf Linked Sukuk (CWLS) Through the Tafriqus Sufqah Al-Khatib Al-Sharbini Theory: An Approach to Sharia Compliance and Financial Innovation Abidah, Atik; Asnawi, Nur; Suprayitno, Eko; Zuhriah, Erfaniah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/baspd111

Abstract

This research article delves into the examination of Cash Waqf Linked Sukuk (CWLS) within the framework of Islamic jurisprudence, particularly through the lens of Al-Khatib Al-Sharbini's Tafriqus Sufqah theory. Utilizing the guidance provided by the Fatwa DSN-MUI No. 131/DSN-MUI/X/2019, this study aims to scrutinize the Shariah compliance of CWLS, a contemporary Islamic financial instrument that amalgamates the concept of waqf (Islamic endowment) with sukuk (Islamic bonds), to foster economic and social development projects. The primary objective is to understand how CWLS adheres to Shariah principles by dissecting its structure and operations into separate contracts or agreements, in alignment with Tafriqus Sufqah theory, which advocates for clarity and segregation in financial dealings to avoid ambiguity (gharar), gambling (maysir), and interest (riba). Through qualitative analysis of the fatwa and relevant Islamic financial literature, the study explores the theoretical underpinnings of CWLS, evaluates its compliance with Islamic law, and assesses its innovative approach to integrating charitable giving with financial investments. The findings aim to contribute to the Islamic finance literature by offering insights on the application of Tafriqus Sufqah theory to modern financial instruments like CWLS, highlighting its potential for ethical investment and the challenges of ensuring Shariah compliance. This analysis not only enriches the understanding of Islamic financial products but also provides a model for developing future Shariah-compliant instruments that can meet the needs of contemporary Muslim societies.
Reconstruction of Nusyuz in the Compilation of Islamic Law from the Perspectives of Qira'ah Mubadalah and Rawls’s Theory of Justice Kadarisman, Achmad; Saifullah, Saifullah; Zuhriah, Erfaniah; Rouf, Abd; Hakim, Abdul
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.11356

Abstract

The Compilation of Islamic Law in Indonesia gives the impression of marginalizing wives and does not regulate the possibility of nusyuz committed by husbands. The existing nusyuz norms in Indonesia still reflect gender dominance, which is contrary to the principles of justice and equality increasingly emphasized in modern society. This research seeks to address the legal gap by reconstructing the nusyuz norms in Articles 80, 84, and 149 of the Compilation of Islamic Law, drawing on the concept of Qiraah Mubadalah and John Rawls's theory of justice. This study employs legal research using legislative, historical, conceptual, case, and comparative approaches, with qualitative methods for analyzing legal materials. The findings reveal that the current nusyuz norms in the Compilation of Islamic Law still contain patriarchal bias and fail to fully realize the principle of relational justice. From the perspective of Qiraah Mubadalah, both husbands and wives have the potential to commit nusyuz, thus requiring fair legal treatment. The reconstruction of these norms should affirm the importance of reciprocity (mubadalah) in marital relationships, in which husbands and wives are not positioned hierarchically but as equal partners who fairly fulfill each other’s rights and obligations. Meanwhile, Rawls’s theory of justice suggests that legal norms should be drafted without gender bias, ensuring justice for all parties, particularly those in vulnerable positions. Therefore, the reconstructed nusyuz norms must recognize the mutual rights and obligations of both husband and wife in a fair and equal manner.
RATIO LEGIS OF INTERFAITH INHERITANCE REFORMULATION FROM THE PERSPECTIVE OF FIQH MINORITY: A STUDY OF THE THOUGHTS OF YUSUF AL-QARDHAWI AND TAHA JABIR AL-ALWANI As-Suvi, Ahmad Qiram; Zuhriah, Erfaniah
Jurnal Pembaharuan Hukum Vol 10, No 3 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i3.33335

Abstract

This article aims to delve deeply into the ratio legis of reformulating the legal status of interfaith inheritance from the perspective of fiqh minority, as articulated by the thoughts of Yusuf al-Qardhawi and Taha Jabir al-Alwani. The research method employed in this article is a library research approach, utilizing comparison and content analysis to identify similarities, differences, and potential points of convergence in their thinking. The research findings indicate that the legal status of interfaith inheritance, according to the fiqh minority of Qardhawi and Alwani, must be redefined from the classical textual fiqh formulations to a contextual division of interfaith inheritance. The growing Muslim population in various non-Muslim countries necessitates the urgent reformulation of interfaith inheritance distribution to fill the normative vacuum within minority Muslim communities. The ratio legis of reformulating the legal status of interfaith inheritance according to Qardhawi and Alwani is based on considerations of maslahat (public interest) and the values of Maqashid al-Shariah, which serve as guiding principles for redefining the contextual legal status of interfaith inheritance. Failure to understand Islam solely through a textual lens and an inability to address the issues faced by minority Muslims in non-Muslim countries could relegate Islamic law to a relic of civilization. 
Co-Authors Abdul Hakim Ahmad Wahidi Ali Hamdan Ali, Zezen Zainul Amiruddin, Mochammad Zikni Ansari Aprilyanti, Melinda Arresti, Fatma Tria As-Suvi, Ahmad Qiram Ashari, Zahrah Salsabillah Atik Abidah Azmi, Miftahuddin Bachri, Syabbul Dwi Qurbani, Indah Eko Suprayitno Erik Sabti Rahmawati Fadil SJ FADLI, MOH Fuadi, Mohammad Irvan Nafis Fuadi, Suud Fuadi, Suud Suud Herviani, Femilya Himma Aliyah Imam Sukadi Jundiani Jundiani Kadarisman, Achmad Kurniaty, Rika Lutfiana Dwi Mayasari, Lutfiana Dwi Mufidah Ch Mufidah Ch Muhamad Ali Muhsim Muhamad Ali Muhsim Muhammad Muhammad Musleh Harry Naswa Atiyatul Maola Faqih Naufal Rifqi Nasution Nur Alfy Syahriana Nur Asnawi Nurdiansyah, Putra Pandu Dinata Raden Cecep Lukman Yasin Ramadhita Ramadhita, Ramadhita Razak, Abdul Qayuum Bin Abdul Risma Nur Arifah Rouf, Abd Saifullah Saifullah Siti Rohmah Sudirman Hasan Sudirman Sudirman Sukadi, Imam Imam Suryanto, Muhammad Handika Syahriana, Nur Alfy Syuhadak , Faridatus Tamimi, Lalu Muhammad Tutik Hamidah Umi Chaidaroh Zaenul Mahmudi Zarapi, Nur Hamizah