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All Journal AKSIOLOGIYA : Jurnal Pengabdian Kepada Masyarakat Maqasid: Jurnal Studi Hukum Islam Jurnal Ekonomi dan Bisnis Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Martabe : Jurnal Pengabdian Kepada Masyarakat JURIS (Jurnal Ilmiah Syariah) AT-TURAS: Jurnal Studi Keislaman Istinbath: Jurnal Hukum dan Ekonomi Islam Jurnal Ilmiah Al-Mu'ashirah: Media Kajian Al-Qur'an dan Al-Hadits Multi Perspektif Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan MUSHAF: Jurnal Tafsir Berwawasan Keindonesiaan Al-Manahij : Jurnal Kajian Hukum Islam JURIS (Jurnal Ilmiah Syariah) Al-Rasikh : Jurnal Hukum Islam Jurnal Elsyakhshi
Thoat Stiawan
Universitas Muhammadiyah Surabaya
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Best Partner for the Family Review of Takhrīj al-Ḥadīṡ “Khiyārukum Khiyārukum Linisāihim” in the Book of Sunan Al-Tirmiżī Nur Mazaya Hurin In; Mohammad Ikhwanuddin; Salman Al Farisi; Thoat Stiawan; Gàndhung Fajar Panjalu
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 20, No. 1 : Al Qalam (January 2026)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v20i1.5884

Abstract

In the Islamic context, the quality of the relationship between husband and wife is greatly influenced by the husband's character, which is measured based on the hadith "Khiyārukum Khiyārukum Linisāihim," narrated in the Sunan al-Tirmidhi. This study aims to analyze the normative meaning of this hadith, particularly in relation to the husband's character within the family. The research methodology employed is qualitative, using a library research approach and the Takhrīj al-Ḥadīṡ technique to verify the sanad and matn of the hadith, along with a syarah analysis to understand the relevance of the hadith's content to the husband's character in building a sakinah family. The findings of this study indicate that the quality of a husband's faith is reflected in his treatment of his wife, which includes love, justice, responsibility, and gentleness. This discovery contributes to understanding the importance of the husband's character in creating marital harmony and reducing the potential for divorce. In conclusion, this research affirms that this hadith is not only theologically relevant but also practical in establishing a sakinah, mawaddah, and rahmah Islamic family. Future research is expected to further explore the application of the values in this hadith within the context of modern social realities.
Judicial Guardianship in Marriage: A Comparative Study of Indonesia’s Shafi'i and Iran’s Ja'fari Schools from a Maqasid al-Shariah Perspective Thoat Stiawan; Salman Al Farisi; Hisam Sidqi; Agil Laksamana
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12304

Abstract

The concept of judicial guardianship in marriage is a significant issue in Islamic family law that highlights the fundamental differences between the Shafi‘i school in Indonesia and the Ja‘fari school in Iran. This distinction is not only juridical but also closely linked to the objectives of marriage (maqasid al-nikah), namely the preservation of religion (hifz al-din), lineage (hifz al-nasl), dignity (hifz al-ird), and family welfare. This study employs a qualitative-juridical approach with normative-comparative analysis. Data were drawn from classical fiqh texts, Indonesian and Iranian marriage regulations, and contemporary literature. The analysis proceeded in three stages: (1) identifying normative texts concerning guardianship and judicial guardianship in the Shafi‘i and Ja‘fari traditions, (2) comparing their conceptual and practical applications, and (3) evaluating their alignment with maqasid al-nikah, particularly in promoting benefits, preventing harm (mafsadah), and ensuring family continuity. The findings show that the Shafi‘i school regards the guardian as a prerequisite for valid marriage, with the judicial guardian acting as a substitute when a lineage guardian is absent or unqualified. By contrast, the Ja‘fari school allows adult women to contract marriage without a guardian, except under specific circumstances. These differences reflect the dynamic nature of Islamic legal thought in responding to social realities, yet both approaches ultimately aim to realize the maqasid al-nikah: legal certainty, protection of dignity, and household stability. The novelty of this research lies in integrating cross-sectarian comparative analysis with the framework of maqasid al-shariah, an approach still rarely applied in studies of Islamic family law, particularly in the Indonesian and Iranian contexts. The implications of this research are twofold: enriching comparative fiqh scholarship as a reference for academic discourse and providing practical insights for the formulation of marriage regulations that remain faithful to shariah while responsive to evolving social dynamics.
CONTEXTUAL THEMATIC INTERPRETATION OF CHILD MARRIAGE IN THE QUR’AN: RECONSTRUCTING MATURITY AND SOCIAL ETHICS IN INDONESIA Thoat Stiawan; Nurcahaya Nurcahaya; Mualimin Mochammad Sahid; Mohammad Ikhwanuddin; Erna Dewi
MUSHAF: Jurnal Tafsir Berwawasan Keindonesiaan Vol 6, No 1 (2025): Contemporary Issues in Qur'anic Interpretation: Bridging Tradition and Modernity
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/mushaf.v6i1.11928

Abstract

Child marriage remains a persistent social problem in Indonesia, despite significant legal reforms, notably the enactment of Law No. 16 of 2019 which raised the minimum legal age of marriage to nineteen years. However, empirical realities indicate that the practice continues to be widespread, largely reinforced by literalist religious interpretations that neglect the ethical spirit and broader objectives of Islamic jurisprudence. In response to this challenge, this study aims to critically re-examine Qur’anic verses that are frequently invoked to justify the marriage of minors through a contextual thematic interpretation (tafsīr mawd}ū’ī). This research employs a qualitative methodological framework by systematically identifying and thematically categorizing Qur’anic verses related to marriage, maturity (bulūgh), and intellectual discernment (rusyd), and parental responsibility. These verses are analyzed within their socio-historical context of revelation (asbāb al-nuzūl), followed by a contextual reinterpretation that engages contemporary legal norms and social realities in Indonesia. The findings demonstrate that although the Qur’an does not stipulate a specific chronological age for marriage, it consistently emphasizes comprehensive maturity, including physical, psychological, emotional, and financial readiness as a fundamental prerequisite. Furthermore, child marriage in the Indonesian context is shown to produce significant harm, particularly in relation to educational attainment, reproductive health, and long-term socio-economic justice. Such consequences contradict the ethical objectives of Islamic law (Maqās}id al-Sharī’ah), especially the protection of life, intellect, lineage, and human dignity. Accordingly, this study argues that a contextual thematic interpretation of the Qur’an provides a robust ethical and normative foundation to challenge literalist readings that legitimize child marriage. It further contributes to strengthening religiously grounded support for child protection policies and fostering a more humanistic and socially responsive Islamic discourse in contemporary Indonesia.
The Synchronization of Customary Practices and Sharia in the Marriage Traditions of the Banjar Community Syamsiah Nur; Thoat Stiawan; Yusrial Yusrial; Alhusni Alhusni; Misranetti Misranetti
al-Rasῑkh: Jurnal Hukum Islam Vol. 15 No. 1 (2026): May
Publisher : Universitas Islam Internasional Darullughah Wadda'wah Bangil Pasuruan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38073/rasikh.4665

Abstract

Marriage in Indonesian society is often not solely based on Islamic law but is also influenced by customary practices that have been passed down through generations. This raises questions regarding the extent to which such customs are aligned with the principles of Islamic law, particularly within the Banjar community in Tembilahan, Indragiri Hilir Regency. This study analyzes the synchronization between custom (adat) and Islamic law (sharia) in the marriage traditions of the Banjar community in Tembilahan. It examines how customary practices remain consistent with Islamic legal principles while also strengthening social relations and kinship ties (silaturahmi). This research employs a qualitative method with a descriptive-analytical approach, using interviews, observations, and documentation as data collection techniques. The findings indicate that the marriage traditions of the Banjar community do not contradict Islamic law; rather, they function as a form of ‘urf ṣaḥīḥ (valid custom), as long as they are based on mutual consent (antarāḍin), do not impose excessive financial burden, and do not contain prohibited elements such as polytheism (shirk) and extravagance. Practices such as jujuran reflect a social system rooted in cultural values while still maintaining legitimacy within the framework of Islamic law. Furthermore, the integration of custom and sharia demonstrates that Islamic law serves as the primary foundation for the validity of marriage, while custom enriches its social and philosophical dimensions. These findings are in line with the objectives of Maqāṣid al-Sharī‘ah, particularly in preserving lineage (ḥifẓ al-nasl) and honor (ḥifẓ al-‘irḍ). Overall, the marriage traditions of the Banjar community in Tembilahan reflect a comprehensive harmonization between custom and Islamic law within the framework of local Islamic wisdom.
Reconstructing Maqāṣid al-Nikāḥ: A Comparative Analysis of Gender Rights in Indonesian and Iranian Marriage Law Thoat Stiawan; Salman Al Farisi; Norcahyono; A Hisam Sidqi; Ummi Bariroh
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090//mnh.v20i2.15631

Abstract

The transformation of Islamic family law in the contemporary era demands a repositioning of maqāṣid al-nikāḥ to be more responsive to the protection of gender rights. Indonesia and Iran represent two different models of legal codification in translating the principle of substantive justice into marriage regulations. This study aims to dissect the dynamics of gender rights protection regarding polygamy, divorce, custody, and inheritance in Indonesia and Iran through the lens of Jasser Auda’s System Theory. This study is a qualitative research with a comparative-juridical approach. The analysis is conducted by comparing the normative texts of the Indonesian Compilation of Islamic Law (KHI) and the Iranian Civil Code (Qānūn-e Madanī), as well as functional data on their implementation in the courts. The results of the study indicate that Indonesia applies the “Judicial Formalism” model that prioritizes state intervention as a guarantor of women’s rights. In contrast, Iran applies the “Contractual Protection” model that relies on private autonomy in the marriage contract (‘aqd-nāmeh). Indonesia is more progressive in the flexibility of custody and joint property rights, while Iran is very strong in financial security through the mahrieh mechanism. This study concludes that the repositioning of maqāṣid al-nikāḥ from biological preservation to the protection of human dignity (karāmah al-insāniyyah) is highly dependent on the legal system’s openness to sociological realities and universal human rights standards.  
Financial literacy and digital technology in building the resilience of retired migrant families Thoat Stiawan; Idzi Layyinnati; Salman Al Farisi
Jurnal Ekonomi dan Bisnis Vol. 29 No. 1 (2026)
Publisher : Fakultas Ekonomika dan Bisnis Universitas Kristen Satya Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24914/jeb.v29i1.15671

Abstract

This study examines the economic resilience of retired migrant families in Solokuro Village, Lamongan Regency. The main issue faced is the low level of financial literacy and utilization of digital technology, which impacts economic instability post-migration. The purpose of this study is to analyze the influence of financial literacy and digital technology adaptation on the economic stability of retired migrant families and to identify strategies for improving financial literacy and digital financial services. This research employs a descriptive qualitative approach with phenomenological analysis through in-depth interviews, observations, and documentation. The findings reveal that retired migrants with good financial literacy and optimal use of digital technology tend to manage their pension funds effectively, achieve higher economic stability, and develop small businesses. These findings highlight the need for financial literacy training programs and digitalization initiatives to support the economic resilience of retired migrant families.
Gen-Z Students' Perceptions of Kafaah Maliyah: A Maslahah Mursalah Analysis Based on Wahbah Zuhaili Hanan, Putri Fathiyyah; Stiawan, Thoat; Al Farisi, Salman
JURNAL AT-TURAS Vol 13, No 3 (2026): Islamic Law, Socio-Economic Empowerment, and Sustainable Development
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v13i3.16905

Abstract

Kafaah maliyah denotes the concept of financial compatibility between prospective spouses, regarded as important for building a harmonious household. Among Generation Z students at Universitas Muhammadiyah Surabaya, intensive social media exposure to affluent lifestyles and narratives such as "don't marry until established" risks shifting spouse-selection standards toward materialism, making this phenomenon worth examining through Wahbah Zuhaili's perspective of maslahah mursalah. This study aims to describe Gen-Z UMSurabaya students' views on kafaah maliyah and to analyze them through Wahbah Zuhaili's maslahah mursalah framework. The research employed a qualitative normative-empirical descriptive method, combining thematic analysis of in-depth interviews with 90 purposively sampled informants across nine faculties (10 per faculty) with normative cross-referencing of their statements against classical fiqh texts, hadith, and Wahbah Zuhaili's maslahah mursalah criteria. Findings show that 82.22 percent of respondents (74 of 90, Category A) regard economic readiness as a supportive form of ikhtiyat, consistent with maslahah mursalah muktabarah since they still prioritize religion. 14.44 percent (13 respondents, Category B) began shifting economic considerations toward a primary requirement, risking maslahah mulghah, while 3.33 percent (3 respondents, Category C) explicitly treated wealth as an absolute condition contradicting maqasid al-syariah. These findings extend existing discussions of kafaah maliyah by showing that Gen-Z respondents increasingly redefine it as financial readiness and shared responsibility rather than wealth equality, offering an empirically grounded, generation-specific reading of Wahbah Zuhaili's theory. Given that weaker prioritization of religious values coincided with stronger material orientation among Category B and C respondents, the study indicates that strengthening religious literacy may serve as a protective factor against digitally mediated material pressures.
Co-Authors A Hisam Sidqi Agil Laksamana Ahmad Shobrun Jamil Alamsyah, Fakhruddin Aldi, Satria Alhusni Alhusni Burhanuddin Burhanuddin Burhanuddin Burhanuddin Daharis, Ade Dian Berkah Efendy, Imam Nur Eko Budi Cahyono Erdin Nadid Erna Dewi Fakhruddin Fakhruddin Alamsyah Fatkur Huda Hanan, Putri Fathiyyah Hidayaturrahman Hidayaturrahman Hidayaturrahman, Hidayaturrahman Hisam Sidqi Idzi Layyinnati Ikhwanuddin, Mohammad Imroatul Jamilah Irma Nur Afifah Iskandar, M. Yakub Izuddin Karim Karim, Izuddin Luqman Hakim Luqman Hakim M Artabah Muchlisin M. Artabah Muchlisin Mamdukh Budiman Misranetti Misranetti Mualimin Mochammad Sahid Norcahyono Novia Astri Prihatini Nur Hasanah, Asra Nur Mazaya Hurin In Nurcahaya Nurcahaya Nuryasin, Ilyas Panjalu, Gandhung Fajar Prihatini, Novia Astri Rahmat Hidayat Ramadhani, Yunisa Rekak, Nurlailatul Badriyyah Rizal, Deri Salma Salma Salman Al Farisi Salman Al Farisi Salman Al Farisi Salman Al Farisi Salman Al Farisi, Salman Salman Al Farisi, Salman Al Setiyowati, Arin Siti Maqfiroh Syadqamullah, Dikky Syadqomullah, Dikky Syamsiah Nur Tarik, Atika Agustina Ummi Bariroh Yusrial Yusrial