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All Journal Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Jurnal Hukum Keluarga
Manda, Rifky Mei
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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CyberAffair: Fenomena Perselingkuhan Di Era Digital Perspektif Kaidah Fiqh Zakirman, Al Fakhri; Manda, Rifky Mei; Rohana, Siti; Mariska, Revi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.51465

Abstract

The phenomenon of cyberaffair or digital infidelity is one of the negative consequences of technological advancements in the digital era, where emotional and romantic relationships can form through social media, messaging apps, or other online platforms. This article examines the phenomenon from the perspective of Islamic legal principles (fiqh) using a descriptive qualitative method aimed at providing guidance on addressing this issue based on Islamic law. Several relevant principles include al-ashlu fil asyaa’i al-ibahah (the default ruling on things is permissibility), idzajtama’a al-haram wa al-halal ghalaba al-haram (when the lawful and unlawful combine, the unlawful prevails), dar'ul mafasid muqaddam ‘ala jalbil mashalih (preventing harm is prioritized over obtaining benefits), and adh-dharar yuzal (harm must be removed). Through these principles, the article emphasizes the importance of preventing digital infidelity due to its detrimental effects on morality, marital relationships, and social life. In conclusion, Islam provides clear guidance on maintaining boundaries in digital interactions to avoid greater harm in personal and family life.
Negotiating Mahr as a Woman’s Right in Islamic Marriage: A Normative–Comparative Study of Nigeria and Indonesia Zakari, Hamza Naziru; Fahmi, Zul; Dirgantara, Muhammad; Manda, Rifky Mei; Maulana, Fadhlan
Jurnal Hukum Keluarga Vol. 2 No. 02 (2025): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v2i02.11

Abstract

Mahr (dowry) serves as a fundamental institution in Islamic marriage law and represents a legally recognized economic right of women, grounded in Qur’anic injunctions and Islamic Law. Despite sharing a common normative foundation, the regulation and practical enforcement of mahr vary considerably across Muslim societies, particularly those characterized by legal pluralism and differing levels of state codification. This article examines mahr as a women’s right within Islamic family law through a normative-comparative analysis of Nigeria and Indonesia. Employing doctrinal legal research and a comparative law approach, the study analyzes the concept of mahr in Islamic jurisprudence and its regulation within the respective Islamic family law frameworks of both countries. The findings reveal that both Nigeria and Indonesia recognize mahr as a mandatory obligation of the husband and the exclusive proprietary right of the wife. However, significant divergences emerge in terms of regulatory structure, institutional enforcement, and legal certainty. In Nigeria, Islamic family law operates within a plural legal system where Islamic law—predominantly influenced by the Maliki school—coexists with customary and statutory laws, resulting in fragmented enforcement and uneven protection of women’s mahr rights. By contrast, Indonesia has incorporated Islamic family law into a more unified statutory framework through Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, supported by the jurisdiction of Religious Courts, thereby providing relatively clearer mechanisms for legal enforcement, notwithstanding ongoing challenges related to customary practices and implementation. This comparative analysis demonstrates that legal codification, institutional coherence, and state involvement play a crucial role in enhancing legal certainty and strengthening the protection of women’s economic rights in marriage.
Co-Authors Dirgantara, Muhammad Mariska, Revi Maulana, Fadhlan Siti Rohana Zakari, Hamza Naziru Zakirman, Al Fakhri Zul Fahmi