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All Journal Jurnal Integrasi Ilmu Syariah (Jisrah) Jurnal Hukum dan Peradilan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan
Jumni Nelli
UIN Sultan Syarif Kasim Riau
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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TITIK TEMU PENDAPAT SUNNI DAN SYIAH TENTANG NIKAH MUT’AH Muhammad Amanudin; Jumni Nelli
Jurnal Integrasi Ilmu Syariah (Jisrah) Vol 3, No 1 (2022)
Publisher : Institut Agama Islam Negeri Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (628.735 KB) | DOI: 10.31958/jisrah.v3i1.5587

Abstract

This paper describes the debate about mut'ah marriage between Shia and Sunni. The debate between the two Sunni and Shi'a groups regarding mut'ah marriage has both strong arguments and arguments. But what is interesting is when the groups that allow and do not allow mut'ah marriages use the same opinion with the same figure, namely Ibn Abbas and Sayyidina  Ali. The meeting point between the Shia and Sunni groups in mut'ah marriage is a legal act that must be positioned and placed in a moderate and legal portion, the permissibility of carrying out a mut'ah marriage must be considered as an emergency law, not something that is generally permitted.
Pluralism and Justice in Islamic Inheritance Law: Contextualization and Harmonization of Sharia Principles with Indonesian Social Realities Muhammad Hafis; Juliani Syafitri; Jumni Nelli
Jurnal Hukum dan Peradilan Vol 15 No 1 (2026)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.15.1.2026.31-58

Abstract

This study aims to uncover the historical-philosophical foundations of pluralism in Islamic inheritance law through the Prophet Muhammad's mechanism of accommodation towards pre-Islamic traditions ('urf), as well as to provide an integrative methodological framework for contextualizing inheritance justice. This study is significant because it addresses the limitations of previous studies, which were descriptive and partial, by exploring the dynamic roots of Sharia in responding to socio-historical realities. This study employs an integrative qualitative approach with three analytical frameworks: first, philosophical-historical: tracing the dialectic between universal values (tsawābit) and contextual values (mutaghayyirāt) in inheritance law through asbāb al-nuzūl and pre-Islamic Arab social realities. Second, thematic-holistic: connecting inheritance verses (QS. An-Nisā’: 11-12) with the principle of justice across texts (QS. Al-Ḥujurāt: 13, Al-Mā’idah: 8) and maqāṣid al-syari’ah (hifẓ al-māl, al-nafs, al-nasl). Third, empirical-contextual: testing the implementation of universal-particular values in the Indonesian context. Based on this study, it can be concluded that the 2:1 inheritance ratio is responsive-contextual to the pre-Islamic Arab social structure (financial responsibility of men), not a rigid rule. The principle of universal justice in the Qur’an (‘adl, maṣlaḥah) opens space for recontextualization in the modern era, such as the Minangkabau hybrid model or the 1:1 share allocation that considers women’s economic contributions. This integrative framework of text-maqāṣid-contextuality offers a new perspective in inheritance ijtihad, promoting flexibility in Sharia based on substantive justice without disregarding the authenticity of the text. Policy implications include strengthening consultation mechanisms in the Compilation of Islamic Law (Article 183) and progressive reinterpretation in religious courts.
The Triad of State, Law, and Religious Failure in Protecting Children's Rights After Divorce: An Empirical Legal Study in Urban Communities in Pekanbaru Tiara Nurafifa; Muhammad Hafis; Jumni Nelli; Juliani Syafitri
Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Vol 11, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/almaqasid.v11i2.17455

Abstract

Based on data from the Central Statistics Agency in 2023, one in three children no longer receive their basic rights after their parents' divorce. In Delima District, Pekanbaru—which has the highest divorce rate in Riau Province at 18.5%—72% of mothers reported difficulty in financing their children's education, while 45% of children experienced emotional disturbances. Therefore, this article aims to examine the reality of children's rights after divorce in the urban area of Pekanbaru, focusing on the following questions: Why are children's rights (especially alimony and education) in urban areas such as Pekanbaru often neglected after divorce? What systemic failures hinder this? And what is the social reality when it comes to fulfilling children's rights? Using a qualitative-phenomenological approach through descriptive case studies, this research involved six main informants, plus two religious affairs officials and two religious leaders who were selected purposively. Data were collected through in-depth interviews and analyzed using thematic analysis techniques. The results show that the neglect of children's rights after divorce in Pekanbaru (especially in the Delima subdistrict) is caused by a triadic failure: the state (absence of a safety net for children who are victims of divorce), the law (inconsistency in alimony regulations, weak enforcement of court decisions, high litigation costs), and religious institutions (failure to encourage fathers to fulfill their responsibilities in accordance with Islamic mandates). This failure also reflects the weak enforcement of Islamic family law principles, particularly in the implementation of hadhanah and nafkah obligations as stipulated in the KHI and the Marriage Law, which have not been able to guarantee comprehensive protection for children. This is compounded by the persistent patriarchal culture that makes ex-wives reluctant to fight for their children's rights. These findings call for policy reform based on an integrated child rights framework that bridges formal law, religious values, and community mechanisms, as well as the deconstruction of patriarchal culture in the enforcement of children's rights.
Co-Authors Juliani Syafitri Juliani Syafitri Muhammad Amanudin Muhammad Hafis Tiara Nurafifa