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All Journal Al-Mizan (e-Journal) Sakina: Journal of Family Studies Akademika : Jurnal Pemikiran Islam Al-Istinbath: Jurnal Hukum Islam JCAIP: Journal of Contemporary Applied Islamic Philanthropy Journal of Islamic Digital Economic and Finance (JIDEF)
Nurul Mahmudah
Institut Agama Islam Negeri Sultan Amai Gorontalo
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS PAKSAAN NIKAH DALAM PRAKTIK REK SEREK DI DESA KATOL BARAT KECAMATAN GEGER KABUPATEN BANGKALAN Nurul Mahmudah; Ja'far Shodiq; Syamsul Arifin
Al-Mizan (e-Journal) Vol. 19 No. 1 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i1.2999

Abstract

Forced marriage by the village head has apposed 26th subsection in Peraturan Daerah (the Regional Regulation) Number 6 of 2014  concerning the Village that the village head has no authority of forcing the marriage and Article 6 paragraph (1) Law Number 1 of 1974 concerning Marriage that forbids marriage forced and must get agreement from brides. But this practice has been done for a long time ago and have supported by the societies of Katol Barat people. This research has been classified into field research. Used data is primary. The process of gathering data use the interview method. The data has been analyzed by descriptive qualitative method. Checking the validity of the data is done by using the technique of triangulation. The result of the research shows: (1) in the perspective of progressive law, marriage forced in the rek serek case is suitable with principles of progressive law, (2) in sadd al-dzari’ah perspective, marriage forced in the rek serek case is as mediation for behavior that has benefit. Because of that, the realization of it must be supported, and (3) a comparison between progressive law and sadd al-dzari’ah (prevent harm) includes the similarities and the differences. Progresif law and sadd al-dzari’ah have an equation to appear the benefit for people and go off the mainstream of laws. The difference between both is placed in the ontology, epistemology,  and axiology area
RETHINKING URBAN FAMILY RESILIENCE THROUGH MAQĀṢID AL-SHARĪ‘AH: WOMEN’S ROLE TRANSFORMATION IN GORONTALO Nurul Mahmudah; Muhammad Syakir Alkautsar; Muhammad Rifqi Hidayat
AKADEMIKA: Jurnal Pemikiran Islam Vol 31 No 1 (2026)
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat, Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/akademika.v31i1.11936

Abstract

This study aims to examine how Hulondhalo women, particularly those actively involved in Nahdlatul Ulama (NU) organizations in Gorontalo, interpret and perform their roles in maintaining family resilience amid the dynamics of urban society; how the synergy between Islamic moderation (wasatiyyah), local customs, and the principles of Maqāṣid al-Sharī‘ah shapes family resilience practices; and how NU women negotiate domestic and public roles within the context of social and digital transformation. This study employs a qualitative approach with a phenomenological design conducted in the urban area of Gorontalo, involving key informants consisting of NU women members in Gorontalo City, traditional leaders, and religious leaders selected purposively. Data were collected through in-depth interviews, participatory observation, and documentation, and were subsequently analyzed using the interactive analysis technique of Miles and Huberman through the analytical lenses of Maqāṣid al-Sharī‘ah, local customs, and the principles of wasatiyyah. The findings reveal three major points. First, there is a reinterpretation of the family breadwinner role in which women contribute economically without diminishing the values of family harmony. Second, the strengthening of domestic deliberation (musyawarah) functions as a decision-making mechanism grounded in moderation values. Third, there is an integration between Gorontalo customs and the principles of Maqāṣid in constructing adaptive family norms, including the utilization of digital platforms to reinforce educational and economic family functions. The study also finds that NU women position themselves as guardians of Islamic and cultural values based on the principle of adati hula-hula’a to syar a’, syara’ hula-hula’a to Kitabullah, thereby balancing the demands of modernity with religious values. The originality of this study lies in the formulation of a synthesis framework of adat–Maqāṣid–wasatiyyah as a conceptual model of urban family resilience that is not merely normative, but also contextual and applicable in responding to social, cultural, and digital transformations within urban communities.  
Justice Brokers: Examining Women’s Rights in the Polygamy Process in Gorontalo City Muhammad Syakir Al Kautsar; Ajub Ishak; Nurul Mahmudah; Elfa Murdiana
Sakina: Journal of Family Studies Vol. 10 No. 1 (2026): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v10i1.23791

Abstract

The protection of women’s rights in the process of polygamy in Gorontalo City is a crucial issue that requires careful examination to emphasize the fundamental objectives of Islamic law. Legal protection represents an important manifestation of Islamic law’s goals in realizing justice, public welfare, and the protection of individual rights, particularly those of women. In this context, attention is directed to the preventive role of the Religious Court as well as the potential negligence of justice intermediaries (justice brokers) in prioritizing the protection of women’s rights, which can be analyzed through the perspective of maqāṣid al-sharī‘ah. Using the maqāṣid al-sharī‘ah framework, this study evaluates whether polygamous practices in Gorontalo City fulfill the objectives of Islamic law, including the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that several challenges remain in both regulatory structures and practical implementation, particularly regarding weak verification mechanisms, unequal power relations within families, and the limited role of justice brokers in ensuring that women’s rights are fully considered during the legal process. From the perspective of justice theory proposed by John Rawls, the protection of women’s rights requires fairness in access to information and equal bargaining positions in decision-making. When the first wife lacks adequate information or experiences pressure to consent to polygamy, the process fails to meet the principle of justice as fairness. Therefore, strengthening the role of the Religious Court, improving oversight of justice brokers, and ensuring transparency in legal information are essential steps toward protecting women’s rights and achieving justice in polygamous practices.
Negotiating Sharia, Customary Law, and Gender: Feminist Legal Pluralism in the Learo Tradition of Marriage in the Bintauna Community, Indonesia Rizal Darwis; Nurul Mahmudah; Ahmad Faisal; Muhammad Syakir Al Kautsar; Ahmad Fathan Aniq
AL-ISTINBATH : Jurnal Hukum Islam Vol 11 No 1 (2026)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v11i1.14890

Abstract

The learo tradition in marriage among the Bintauna community of Indonesia reflects the tension between Islamic law, customary law and gender equality. While this practice symbolically honours women, it simultaneously enforces a discriminatory public virginity test, causing psychological distress and gender inequality. This study aims to analyse the learo tradition as a space for negotiation between Sharia law and customary law, to uncover power relations and the politics of women’s bodies, and to propose a framework of feminist legal pluralism centred on women’s voices. This qualitative research was conducted in Bintauna Sub-district (May–July 2023) using semi-structured interviews with 18 respondents (religious leaders, customary leaders, ritual leader (inang), academics, and women practising the tradition) and non-participant observation at five learo ceremonies. Thematic analysis was conducted using a feminist legal pluralism framework. The findings indicate: (1) the function of virginity testing within the learo tradition exceeds the bounds of valid customary (‘urf shahih) as it contradicts cover up a fault (saturul ‘aib) and the objectives of Islamic (law maqashid of sharia); (2) this practice reinforces patriarchy by imposing purity tests solely on women, causing trauma and stigma; (3) women (the ritual leader and the bride) have limited but strategic agency in quietly negotiating the rituals. The contribution of this research is to provide an operational framework for feminist legal pluralism based on three pillars: living customary normativity, locally reinterpreted Islamic legitimacy, and dialectical power relations. This framework offers adaptive transformation without erasing tradition, by recommending the abolition of virginity tests, the privatization of rituals, and full inclusivity for all prospective brides and grooms
Integrating Religious Moderation Into Fiqh Muamalah Curriculum: An Instructional Development Study Nurul Mahmudah; Muhammad Syakir Alkautsar; Hamdan Ladiku; Andini Machmud; Muhammad Rifqi Hidayat
Journal of Contemporary Applied Islamic Philanthropy Vol. 4 No. 1 (2026): JCAIP
Publisher : Nuban Jagadhita Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62265/jcaip.v4i1.562

Abstract

Purpose: This study interrogates the epistemological integration of religious moderation within Fiqh Muamalah instruction, addressing the persistent gap between normative legal formalism and the demands of plural socio-economic realities. While prior studies have treated moderation as an external or complementary discourse. Methodology: To operationalize this claim, the study employs a Research and Development (R&D) design using the ADDIE model to construct and empirically test moderation-based teaching materials in the Islamic Economic Law (HESY) Study Program at IAIN Gorontalo. The empirical phase involved 32 students and 3 lecturers, selected through purposive sampling, alongside expert validators in Fiqh, religious moderation, and instructional design. Findings: The findings demonstrate that embedding the principles of tasamuh (tolerance), tawazun (balance), and ‘adl (justice) within core transactional topics significantly enhances students’ analytical capacity in resolving complex socio-economic cases. Quantitatively, the intervention yielded an average N-gain score of 0.64, indicating moderate effectiveness, alongside a 35% improvement in case-based reasoning performance. Expert validation further confirms the robustness of the developed materials (mean feasibility score: 91%). Theoretically, this study repositions Fiqh Muamalah from a predominantly text-centered and doctrinal paradigm toward a context-responsive legal reasoning framework grounded in maqāṣid al-sharī‘ah. It demonstrates that moderation is not an auxiliary value but a constitutive principle that mediates between legal normativity and social harmony.
The Impact of Online Loan Traps (P2P Lending Fintech) on Divorce Rates: A Maqashid al-Sharia Approach to Protecting Family Economic Resilience Muhammad Syakir Al Kautsar; Nurul Mahmudah; Muhammad Rifqi Hidayat
Journal of Islamic Digital Economic and Finance Vol. 2 No. 01 (2026): Journal of Islamic Digital Economic and Finance (JIDEF)
Publisher : Nuban Jagadhita Centre

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2711/jidef.v2i01.585

Abstract

Objective: This study aims to analyze the relationship between online loan debt, household economic stress, and vulnerability to divorce from the perspective of maqashid syariah. It seeks to explain how the rapid expansion of digital lending services influences family economic resilience and social well-being within the framework of Islamic economics. Method: This study employs a descriptive qualitative approach based on a literature review using content analysis. Data were sourced from regulations, national statistical reports, academic articles, fatwas, and court rulings published online. The analysis was conducted by identifying patterns of argumentation, empirical trends, and conceptual relationships between the development of P2P lending fintech, family economic dynamics, and economic factors contributing to divorce. Relevant literature was further examined through the lens of contemporary maqashid syariah to understand the broader social implications of digital financial practices. Results: The study indicates that ease of access, fast disbursement processes, and low administrative barriers encourage repeated use of digital loans, particularly among households with unstable incomes and limited financial literacy. This pattern has the potential to trigger debt accumulation, financial pressure, psychological stress, a decline in the quality of communication between partners, and an increase in domestic conflict, all of which are associated with heightened vulnerability to divorce. The findings also suggest that excessive dependence on online borrowing may weaken household financial sustainability and undermine long-term family stability. Implication: This study underscores the importance of consumer protection policies that not only focus on cost transparency and data security but also include assessments of repayment capacity, strengthened financial literacy, responsible lending practices, and measures to safeguard family economic resilience. Novelty: This study integrates P2P lending fintech research with studies on family resilience through the lens of Jasser Auda’s contemporary maqashid syariah systems perspective. This study expands the discourse on Islamic economics by positioning the protection of wealth (hifz al-mal) and the protection of family/progeny (hifz al-nasl) as a unified systemic framework for assessing the impact of digital financial innovations.
Co-Authors Ahmad Faisal Ahmad Fathan Aniq Ajub Ishak Andini Machmud Elfa Murdiana Hamdan Ladiku Ja'far Shodiq Muhammad Rifqi Hidayat Muhammad Rifqi Hidayat Muhammad Rifqi Hidayat Muhammad Syakir Alkautsar Rizal Darwis Syamsul Arifin