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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum El-Ahli : Jurnal Hukum Keluarga Islam USRAH: Jurnal Hukum Keluarga Islam
Khairul Mufti Rambe
Institut Syekh Abdul Halim Hasan Binjai
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Prenuptial Agreement in Islamic Family Law: A Maqāṣid al-Sharī‘ah Approach Khairul Mufti Rambe
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6419

Abstract

This study analyzes prenuptial agreements within the framework of Islamic family law and explores their harmonization with contemporary social demands. While recognized under Article 29 of Law No. 1 of 1974 jo. Law No. 16 of 2019, such agreements remain contested in classical Islamic jurisprudence. Using a qualitative method with a normative-conceptual and comparative approach, this research draws from classical texts (e.g., al-Māwardī, Ibn Qudāmah) and contemporary thought on maqāṣid al-sharī‘ah (e.g., al-Shāṭibī, Ibn ʿĀshūr), as well as interviews with scholars and practitioners. The findings show that prenuptial agreements are not inherently in conflict with Islamic law if aligned with core marital principles. When framed within maqāṣid, they can promote maṣlaḥah by clarifying spousal rights and protecting shared assets. The academic contribution of this study lies in its integrative framework that bridges traditional Islamic legal doctrine with the evolving socio-legal context of Muslim societies. It also offers practical implications for developing Islamic-compatible prenuptial models and raising public awareness
INTEGRASI PENDEKATAN PSIKOLOGI KELUARGA DALAM FAKTOR-FAKTOR PENENTU KEBERHASILAN MEDIASI PERKARA PERCERAIAN DI PENGADILAN AGAMA BINJAI Wahyuni Firnanda; Khairul Mufti Rambe
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 3 (2026): July
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/nt1c0s22

Abstract

This study analyzes the influence of family psychology on the factors determining the success of mediation in divorce cases at the Binjai Religious Court. Recent BPS data show that divorce cases in Indonesia remained high, reaching 394,608 cases in 2024, which reinforces the urgency of examining mediation effectiveness in family disputes. This research employs a normative juridical method with statutory, conceptual, and case approaches by examining divorce case documents and mediation reports from the Binjai Religious Court in 2024. The findings indicate that the success of mediation is influenced by several interrelated factors, including the good faith of the disputing parties, the competence of the mediator, the availability of adequate mediation facilities, and the psychological conditions of the parties involved. In family disputes, conflicts are not merely legal in nature but are also shaped by emotional dynamics, ineffective communication patterns, and psychological wounds that often hinder the achievement of mutual agreements. Therefore, integrating a family psychology approach into the mediation process becomes a strategic step to enhance the effectiveness of family dispute resolution. This approach enables mediators to better understand the emotional conditions of the disputing parties, facilitate more constructive communication, and consider the best interests of all family members, particularly children. Consequently, mediation functions not only as a legal dispute resolution mechanism but also as a means to minimize the psychological impact of divorce and promote a more humane and sustainable conflict resolution process
Harmonisasi Hukum Islam dan Hak Asasi Manusia dalam Penanganan Nusyuz serta Kontekstualisasinya terhadap Hak Asasi Manusia Seffin Granady; Khairul Mufti Rambe
El-Ahli : Jurnal Hukum Keluarga Islam Vol 7 No 1 (2026): EL-AHLI : Jurnal Hukum Keluarga Islam
Publisher : Program Studi Hukum Keluarga Islam Sekolah Tinggi Agama Islam Negeri Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/el-ahli.v7i1.3056

Abstract

The concept of nusyuz originates from classical fiqh constructions and has evolved into a component of family law systems in several Muslim-majority countries. However, its classical formulation has frequently been criticized for potentially perpetuating unequal marital relations by legitimizing the husband's authority without systematically defined limitations. This situation raises concerns regarding the legal protection of wives from a human rights perspective. This study employs a doctrinal approach by examining legal principles, doctrines, and positive legal constructions concerning the limits of a husband's rights in addressing nusyuz. The analysis is conducted descriptively and critically through inductive and deductive reasoning to assess the potential abuse of authority and its juridical implications. The findings indicate that classical fiqh in fact contains normative limitations on the husband's actions, including the principles of gradual measures (tadarruj), the prohibition of harm, and the corrective purpose of sanctions. Nevertheless, these limitations have not been systematically formulated within a framework of marital partnership and the protection of human dignity. In the Indonesian context, any action that exceeds the principles of proportionality and non-violence may be classified as a legal violation, including criminal liability. This study affirms that the harmonization of Islamic law and human rights is achievable through reconstructing the limits of the husband's authority based on maqasid al-shariah, partnership principles, and the protection of women's life and dignity.
Co-Authors Seffin Granady Wahyuni Firnanda