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All Journal Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Jurnal Ilmiah Peuradeun Jurnal Ilmiah Wahana Pendidikan Legal Protection for the Partnership Agreement Parties
Azni Azni, Azni
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Gender Terhadap Hukum Keluarga Islam Indonesia (Studi Terhadap Hak-hak Wanita Pasca Cerai) Azni, Azni
Asy-Syirah: Jurnal Ilmu Syariah dan Hukum Vol 49, No 1 (2015)
Publisher : Fakultas Ilmu Syariah dan Hukum

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Abstract

Indonesia as a modern Muslim state, through its Islamic family law, has greatly sought the indiscrimination against women, especially in the context of the law and its implementation. This study aims to determine number of womens rights after divorce which has been formulated in Indonesian Islamic family law. The library research by using content analysis approach obtainsthe findings of the research are the rights acquired by women after divorce which are in Indonesian Islamic family law such as; mutah, livelihood, refuse of reconciliation, hadlanah and joint property rights, are no gender bias and are not found any elements of marginalization, subordination, double work load, negative labeling and violence against women in Islamic family law in Indonesia.
The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law Azni, Azni; Rifqi, Muhammad Akhyar; Saifunnajar, Saifunnajar; Syu'aib, Kholil; Mohd. Zin, Najibah Bt
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1431

Abstract

This study discussed about the distribution time of inherited property after the death of a person that is not explained explicitly in Islamic family law in Indonesia particularly in the Compilation of Islamic Law. This study aimed to critically analyze the time of inheritance distribution in the Compilation of Islamic Law viewed from maqasid sharia perspective.  The research employed qualitative research method, namely library legal research.  The data collection technique was documentation, included the Compilation of Islamic Law, fiqh books, books of legislation in the field of Islamic law which were applicable in Indonesia. The data were analyzed by using content analysis method to find out the distribution time of inheritance in the compilation of Islamic Law based on maqasid sharia perspective. The result of this research showed that the Compilation of Islamic Law did not stipulate the time of inheritance distribution explicitly, and if the determination of the inheritance distribution time is in accordance with the provisions in the compilation of Islamic law for the kindness of the family and heirs, then the action is justified by sharia law because it is in line with maqasid sharia. However, if the division of inherited property is in accordance with the provisions of the Compilation of Islamic Law with the purpose to delay the time of distribution which will result in a reduction in the value of the property, or the physical loss of the property, then it is included into the act of zalim and certainly contradicts the Islamic sharia itself. It must not be carried out.
Problematika Rumah Tangga Muallaf di Kota Pekanbaru dan Penyelesaiannya Perspektif Sosiologi Keluarga Hanifah, Syifa; Arisman, Arisman; Azni, Azni
Jurnal Ilmiah Wahana Pendidikan Vol 11 No 1.D (2025): Jurnal Ilmiah Wahana Pendidikan 
Publisher : Peneliti.net

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Abstract

Muallaf is the term for non-Muslims who have just converted to Islam. It is also interpreted as someone who receives guidance. Religion aims to provide guidance and guidance in living human life on this earth. Everyone has the right to determine the religion they believe in and also has the right to change their own choices and there is no element of coercion from anyone in choosing the religion they believe in. The problems faced by every convert to Islam are different and the efforts to solve them are also different. Therefore, there is special treatment for converts to Islam, for example being able to receive zakat without having to pay attention to their economic situation is entitled to receive guidance about Islam until they are able and receive the same treatment in the social environment even though they have the status of a convert. Because basically deciding to embrace any religion is regulated in the laws of the Republic of Indonesia. The type of research in this research is field research, namely research that examines applicable legal provisions and what happens in reality in society. In this research the author used qualitative data analysis with descriptive methods. The results of this research show that Muslim households in Pekanbaru City face a number of challenges that can determine family harmony and welfare. One of the main challenges is rejection from the family and social environment after embracing Islam, experiencing a decline in the economy due to losing the facilities provided by the family and even losing one's job. The research also found that religious formation efforts, especially through the An-Nur Center for Muallaf Institutions in Pekanbaru City, have an important role in helping overcome this problem.
Pseudo-Maṣlaḥah and Epistemological Failure in Marriage Dispensation at Indonesian Religious Courts Azni, Azni; Hafis, Muhammad; Zakariah, Asril Amirul; Harmanto, Adi; Miftahuddin, Miftahuddin; Ihsan, M.
Jurnal Ilmiah Peuradeun Vol. 13 No. 2 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i2.2047

Abstract

This study looked at how maṣlaḥah (public interest) was used in marriage cases in the Religious Courts of Sumatra, Indonesia, and how it was related to the goals of maqāṣid al-sharī’ah. Based on a qualitative analysis of 48 court decisions and in-depth interviews with six judges, the research revealed that the concept of maṣlaḥah was often employed as a procedural justification to accommodate social pressure, rather than as an evaluative ethical-legal framework. Judges tended to prioritize the protection of religion (ḥifẓ al-dīn)—mainly by preventing adultery—while neglecting essential dimensions such as protection of life (ḥifẓ al-nafs), intellect (ḥifẓ al-’aql), and progeny (ḥifẓ al-nasl). This reductionist approach leaded to the legitimization of underage marriage without proper psychological, biological, or economic assessments. The study found that such practices contributed to systemic harm, including early divorce, reproductive health risks, and intergenerational poverty. By critically examining the misuse of maṣlaḥah, this research offered an epistemological critique and proposes a reconstructive framework grounded in empirical evaluation and child-centered justice. It concluded that the reform of Islamic family law requires not only regulatory improvement but also a transformation of judicial reasoning. This study contributes to broader discussions on Islamic legal reform and child protection in Muslim-majority contexts.
The Timing Analysis of Inheritance Distributions in the Compilation of Islamic Law Azni, Azni; Rifqi, Muhammad Akhyar; Saifunnajar, Saifunnajar; Syu'aib, Kholil; Mohd. Zin, Najibah Bt
Al-Risalah Vol 23 No 2 (2023): December 2023
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v23i2.1431

Abstract

This study discussed about the distribution time of inherited property after the death of a person that is not explained explicitly in Islamic family law in Indonesia particularly in the Compilation of Islamic Law. This study aimed to critically analyze the time of inheritance distribution in the Compilation of Islamic Law viewed from maqasid sharia perspective.  The research employed qualitative research method, namely library legal research.  The data collection technique was documentation, included the Compilation of Islamic Law, fiqh books, books of legislation in the field of Islamic law which were applicable in Indonesia. The data were analyzed by using content analysis method to find out the distribution time of inheritance in the compilation of Islamic Law based on maqasid sharia perspective. The result of this research showed that the Compilation of Islamic Law did not stipulate the time of inheritance distribution explicitly, and if the determination of the inheritance distribution time is in accordance with the provisions in the compilation of Islamic law for the kindness of the family and heirs, then the action is justified by sharia law because it is in line with maqasid sharia. However, if the division of inherited property is in accordance with the provisions of the Compilation of Islamic Law with the purpose to delay the time of distribution which will result in a reduction in the value of the property, or the physical loss of the property, then it is included into the act of zalim and certainly contradicts the Islamic sharia itself. It must not be carried out.
Co-Authors Arisman Arisman Hafis, Muhammad HANIFAH, SYIFA HARMANTO, ADI Kholil Syu'aib M. Ihsan Miftahuddin Miftahuddin Mohd. Zin, Najibah Bt Rifqi, Muhammad Akhyar Saifunnajar, Saifunnajar Syu'aib, Kholil Zakariah, Asril Amirul