Article Per Year (5 Year)
p-Index From 2021 - 2026
0.61
P-Index
This Author published in this journals
All Journal Al-Usrah : Jurnal Al-Ahwal As-Syakhsiyah Al-Adalah: Jurnal Hukum dan Politik Islam
Iwan Iwan
Universitas Islam Negeri Sumatera Utara, Medan
Religion Law, Crime, Criminology & Criminal Justice

Published : 3 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 3 Documents
Search

 1 
Sanctions for Zina Perpetrators: A Review of Interfaith Couples from the Perspective of the Criminal Code and Fiqh Jinayah Istikhomariyah Istikhomariyah; Iwan Iwan
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.10 No.2 (2025)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.8575

Abstract

This study analyzes the sanctions for adultery in interfaith marriages based on the Indonesian Criminal Code (KUHP) and Islamic criminal law (fikih jinayah). Using a normative legal method, this research applies both Islamic law and comparative law approaches to evaluate the differences in the regulation of adultery within the two legal systems. The data sources consist of primary legal materials (KUHP, Compilation of Islamic Law, the Book of Fikih Jinayah, and the Marriage Law) and secondary legal materials (academic literature and court decisions). The analysis is conducted descriptively-analytically using the triangulation of legal sources technique. The findings show that the KUHP only criminalizes adultery as infidelity within a marriage, whereas in fikih jinayah, any sexual relationship outside a lawful marriage is considered adultery. In Islam, interfaith marriage is not recognized. Thus, such a relationship is categorized as adultery. In contrast, under Indonesia's positive law, interfaith marriages can still be recognized through specific legal mechanisms. Additionally, apostasy (murtad) has different legal consequences: In fikih jinayah, the marriage is automatically annulled, while under the KUHP, the marital status remains valid until a court decision is made. This inconsistency presents challenges in harmonizing national criminal law. Legal reform is needed to balance social norms, state law, and the principles of Sharia to create a more inclusive legal system that is adaptive to the needs of Indonesian society.
THE CONCEPT OF KHULU’ IN CONTEMPORARY ISLAMIC MARRIAGE LAW: A COMPARATIVE STUDY IN EGYPT, JORDAN, AND MOROCCO Endah Lakona Sitakar; Sukiati Sukiati; Iwan Iwan
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v14i1.30072

Abstract

This research examines the concept of khul' (wife-initiated divorce with compensation) as regulated in the personal status laws of three Arab Muslim countries: Egypt, Jordan, and Morocco. Using a comparative legal approach with qualitative-normative methods, this study analyzes how each country codifies and implements khul' in its legal framework, tracing the interplay between classical Islamic jurisprudence (fiqh), national legislation, and judicial practice. Egypt through Law No. 1 of 2000 pioneered a relatively liberal khul' regime in the Arab world by allowing courts to grant khul' without requiring the husband's consent, a formulation that triggered significant scholarly and social controversy. Jordan, through the Personal Status Law No. 61 of 1976 as amended by Law No. 36 of 2010, adopts a more Hanbali-influenced approach requiring either mutual agreement or judicial determination of harm. Morocco through the Moudawwana (Family Code) of 2004 introduces the concept of shiqaq (discord) alongside khul' as mechanisms for wife-initiated divorce, reflecting the Maliki school's jurisprudence. The findings indicate that despite their shared Islamic jurisprudential foundations, the three countries exhibit significant divergences in procedural requirements, financial implications, and judicial discretion, shaped by distinct socio-political contexts and legislative priorities. The study concludes that genuine legal reform requires not only textual codification but also robust judicial implementation mechanisms and social support systems for women navigating family dissolution.
THE DYNAMICS OF DIVORCE LAW IN ISLAM: A COMPARATIVE STUDY OF THE PROVISIONS ON TALAK, KHUL’, AND JUDICIAL DIVORCE IN INDONESIA AND MOROCCO Ihsan Siregar; Sukiati Sukiati; Iwan Iwan
Al-Usrah : Jurnal Al Ahwal As Syakhsiyah Vol 14, No 1 (2026): AL-USRAH: JURNAL AL AHWAL AS SYAKHSIYAH
Publisher : Universitas Islam Negeri Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/al-usrah.v14i1.30399

Abstract

Morocco, by way of the Mudawwanah al-Usrah (2004), and Indonesia, through the Marriage Law in conjunction with the Compilation of Islamic Law (KHI), have undertaken reforms to their respective Islamic family law systems aimed at curbing unilateral divorce and safeguarding women's rights through an enhanced judicial role. This study seeks to comparatively examine the concepts, procedural frameworks, and practical implementations of three divorce mechanisms—talaq (repudiation), khul' (compensatory dissolution), and judicial divorce—within the legal contexts of Morocco and Indonesia. A normative-comparative legal approach is employed, drawing on both statute analysis and cross-jurisdictional comparison. Findings indicate the following. In terms of Talaq: Indonesian law mandates that talaq declarations be made before the Religious Court, while Moroccan law imposes more rigorous judicial oversight, conditioning talaq authorization on the husband's prior settlement of all financial obligations to the wife, including mut'ah. Regarding Khul': Indonesian law incorporates khul' within the mechanism of Cerai Gugat (wife-initiated divorce) accompanied by a compensatory payment (iwadh), whereas Moroccan law treats khul' as a distinct financial arrangement, with judges holding authority to determine compensation in cases of dispute. As for Judicial Divorce: both countries have broadened the grounds upon which a wife may petition for divorce; however, Morocco demonstrates greater progressiveness through the introduction of the Shiqaq doctrine (irreconcilable differences), which permits dissolution without requiring exhaustive proof of fault. In conclusion, while both nations have effectively transferred divorce authority from the private domain to the judiciary, Morocco's approach is more systematically codified and progressive in constraining husbands' prerogatives, whereas Indonesia continues to rely on a multi-tiered mediation framework alongside a dual administrative track for divorce proceedings.
Co-Authors Endah Lakona Sitakar Ihsan Siregar Istikhomariyah Istikhomariyah Sukiati Sukiati