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All Journal DE JURE EGALITA Al-Ahkam MUSLIM HERITAGE: JURNAL DIALOG ISLAM DENGAN REALITAS Al-Ahwal: Jurnal Hukum Keluarga Islam JURISDICTIE Jurnal Hukum dan Syariah Maqasid: Jurnal Studi Hukum Islam Istinbath: Jurnal Hukum dan Ekonomi Islam Asy-Syariah Proceedings of Annual Conference for Muslim Scholars Sakina: Journal of Family Studies Tebuireng: Journal of Islamic Studies and Society SINDA: Comprehensive Journal of Islamic Social Studies Kalosara: Family Law Review Muslim Heritage Arsy
Abd. Rouf, Abd.
SMPN 41 Surabaya
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Domestic Violence and Women’s Legal Awareness: The Family Corner Programmes Interventions through the Perspective of Maqāṣid al-Usrah Cholil, Mufidah; Rouf, Abd.; Rahmatullah, Prayudi; Ni’ami, Mohammad Fauzan
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.30101

Abstract

This study examines the mosque-based family corner in Malang Regency as a community institution implementing a legal awareness intervention programme for victims of domestic violence. The research specifically analyses the design and implementation of this intervention through the perspective of Jamaluddin Athiyyah’s maqāṣid al-usrah, while also evaluating key programme components such as legal education, counselling, mediation, and legal advocacy aimed at enhancing victims’ legal awareness. Employing field research with a descriptive-qualitative approach, data were collected through in-depth interviews with family corner counsellors, religious figures, and community leaders, complemented by direct field observations of programme activities. The findings demonstrate that the mosque-based family corner plays a significant role in assisting families affected by domestic violence, particularly by increasing victims’ understanding of their legal rights and encouraging informed decision-making through non-litigation mechanisms. The intervention programme contributes positively to strengthening family integrity, restoring communication, and fostering a shared commitment to preserving family unity following incidents of domestic violence. These outcomes are consistent with the core objectives of Jamaluddin Athiyyah’s maqāṣid al-usrah, including the realisation of sakinah, mawaddah, and rahmah within the family; the protection of life (ḥifẓ an-nafs); the safeguarding of religious values (ḥifẓ at-tadayyun); and the reinforcement of family institutions as a foundation of social stability. This study enriches the scholarly discourse on legal awareness among women victims of domestic violence, particularly those who choose counselling-based, non-litigation pathways, and highlights the strategic role of mosque-based community institutions in promoting access to justice and family resilience.
The Legal Status of Non-Muslim Heirs in Islamic Inheritance Law: A Comparative Study of Indonesia, Malaysia, and Egypt from the Perspective of al-Maqasid al-Shari’ah Setiani, Siti Afria Dwi; Rouf, Abd.
Tebuireng: Journal of Islamic Studies and Society Vol. 7 No. 1 (2026): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v7i1.12130

Abstract

This research is motivated by the differences in the regulation of the legal status of non-Muslim heirs in Islamic inheritance law across various Muslim countries, which continue to leave unresolved issues of justice within pluralistic societies. The main issue lies in the provisions of classical Islamic jurisprudence (fiqh), which regard differences in religion as an impediment to inheritance. However, in contemporary practice, various alternative mechanisms, such as wasiat wajibah (mandatory bequest), have emerged to address the need for justice in interfaith families. This study aims to analyze the legal status of non-Muslim heirs in Islamic inheritance law in Indonesia, Malaysia, and Egypt from the perspectives of maqāṣid al-syarī‘ah and justice. The method employed is normative legal research using a comparative legal approach and a conceptual approach based on maqāṣid al-syarī‘ah. The results of the study indicate that Indonesia accommodates non-Muslim heirs through the jurisprudence of wasiat wajibah, Malaysia maintains a conservative approach by rejecting interfaith inheritance and relying on hibah (inter vivos gifts), while Egypt has institutionalized wasiat wajibah through formal regulations. These differences reflect a shift from formal justice toward substantive justice in contemporary Islamic inheritance law.
Inheritance Justice in Substitute Heirs: A Comparative Study of Indonesia and Algeria Kifli, Muhammad; Rouf, Abd.
Tebuireng: Journal of Islamic Studies and Society Vol. 7 No. 1 (2026): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v7i1.12416

Abstract

Substitute inheritance is a form of reform in Islamic inheritance law in Indonesia that aims to provide protection to grandchildren whose parents predecease the testator. However, its provisions continue to generate debate regarding the limits of protection that can be provided to ensure fairness in inheritance distribution. This study aims, first, to compare the provisions for substitute inheritance in Article 185 of the Compilation of Islamic Law with the tanzil mechanism in the Algerian Code de la Famille. Second, analyze the relevance of the limitation of rights in the tanzil mechanism as a normative perspective to strengthen the implementation of distributive justice in the regulation of substitute inheritance in Indonesia. This study is a normative legal study with a statutory, conceptual, and comparative legal approach. Primary, secondary, and tertiary legal materials were analyzed qualitatively using prescriptive methods. The results show that both systems provide protection to grandchildren, but through different legal constructions. Substitute inheritance in Indonesia places grandchildren as substitutes for their parents, while tanzīl in Algeria, rights are granted to grandchildren through a special mechanism that includes restrictions in the form of a maximum share limit and takes into account gifts, bequests, or other gifts received from the testator during his lifetime. This comparison shows that the tanzil arrangement provides a more comprehensive limitation mechanism in realizing proportional inheritance distribution. This research contributes by offering normative developments for the regulation of substitute inheritance in Indonesia through the adoption of the principle of proportionality in the tanzil mechanism without changing the basic character of the Islamic inheritance system in Indonesia.
Co-Authors Ahmad Izzuddin Alfarizi, Muhammad Salman Arfiana, Shinta Nurul Arifandi, Saddam Barkah, Mochamad Riskana Cholil, Mufidah Djazilan, Sukron Fachry, Moch Ifan Hirza, Ghifari Irfan, Moh. Kifli, Muhammad Kusnadi, Egi Hadi Ma'mun, Adam Sukron Mufidah Ch MUHAMMAD FAHMI Nanang Zamroji Ni’ami, Mohammad Fauzan Nu'man, Moh Prasetia, Senata Adi Pratama, Mohammad Putra Prayudi Rahmatullah Qosim, Muh. Qosim Rosyadi, Zainal Saifullah, Ainan Husnaa binti Muhammad Samudin, Siti Aisyah binti Setiani, Siti Afria Dwi sobri, ahmad mulki Sudirman Hasan Su’udi, Muhammad Arif Syaifuddin . Zaman, Jamrud Qomaruz