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All Journal Jurnal Kajian Pembaruan Hukum DIKTUM: JURNAL SYARIAH DAN HUKUM Tasyri' Mawaddah: Jurnal Hukum Keluarga Islam
Nizam, Nabil
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Legal Reformulation of Nusyūz in Marriage From The Perspective of Critical Legal Studies Alviani, Fitri Maulina; Nizam, Nabil
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 1 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i1.7315

Abstract

The problems of Islamic family law over time, seem increasingly complex. Included in this is nusyūz which so far has been taken for granted by society in the provisions of positive law in Indonesia. This article seeks to examine the problems of nusyūz normativity based on the critical legal studies (CLS) paradigm, namely one of the substitutions for the legal school of realism that is present in the classification of the post-modern era of law. There are two main topics of discussion: First, the ratio legis of nusyūz in Indonesian legislation from a CLS perspective; and Second, the reformulation of the upcoming nusyūz law in marriage legislation in Indonesia. This article argues that the ratio legis nusyūz in Indonesian legislation in terms of the trashing, deconstruction, and genealogy approaches of CLS still has a legal construction that is not in favor of justice and social interests as well as the reformulation of the upcoming nusyūz law in marriage legislation in Indonesia based on a philosophical, sociological, and juridical foundation can be implemented through the formation of new laws in the form of laws governing marriage law or Islamic material law or by making changes or revisions to the Compilation of Islamic Law.
The Conflict Between the Sebambangan Marriage Tradition of the Indigenous Lampung Community and the Implementation of Premarital Course Regulations Nizam, Nabil; Fitri Maulina Alviani; Nizam, Sadida
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.286

Abstract

The premarital course is a government-initiated program aimed at preparing prospective couples to establish harmonious, loving, and compassionate families (sakinah, mawaddah, warahmah), and to reduce divorce rates in Indonesia. Regulated by the Decree of the Director General of Islamic Community Guidance No. DJ.II/542 of 2013, the Office of Religious Affairs (KUA) is mandated to provide a 16-hour premarital course before the marriage contract. However, implementation in areas with strong local traditions presents specific challenges. This study investigates the implementation of the premarital course within the indigenous Lampung community in Marga Tiga District, where the traditional practice of sebambangan—a secretive elopement of the bride to the groom's house—still occurs. This tradition prohibits the bride from leaving her home before the wedding, hindering in-person participation in the course. Employing an empirical normative legal research method with a qualitative approach, data were gathered through field observations and interviews with KUA officials, traditional leaders, and prospective couples. The findings reveal that the implementation of the premarital course remains suboptimal due to cultural constraints, limited access, and a lack of alternative dissemination methods tailored to local conditions. The study suggests the need for innovative solutions, such as online platforms or home-accessible media, to enhance the accessibility and effectiveness of premarital education among indigenous communities.
Reformulasi Perubahan Data Jenis Kelamin: Integrasi Kepastian Hukum dan Moralitas Islam dalam Administrasi Kependudukan di Indonesia Nizam, Nabil; Alviani, Fitri Maulina
Tasyri' : Journal of Islamic Law Vol. 4 No. 2 (2025): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v4i2.388

Abstract

This study highlights how law can no longer be viewed from a single perspective in the era of globalization. Based on Werner Menski's triangular concept of legal pluralism, which combines the moral-ethical-religious, state, and societal perspectives, this research aims to reformulate the regulation of gender status change in the context of civil registration in Indonesia, ensuring greater legal certainty while grounding itself in religious moral considerations. A normative approach is applied in this study. The main findings reveal that the ratio legis of gender status change aims to protect and recognize the personal and legal status of every citizen. However, the relevance to Menski's triangle theory of legal pluralism is not yet fully reflected in the examination of applications at district courts. Hence, a legal reformulation of the Population Administration Law has become an urgent agenda.
Reconstructing Population Law for ‎Transsexual Status Change Based on ‎Humanitarian Values Darojat, Tawakal Akbar; Nizam, Sadida; Nizam, Nabil
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53691

Abstract

Gender change regulations in Indonesia present complex legal and social challenges that require thorough examination to ensure protection and recognition of individual rights. This study aims to describe and analyse the ratio legis of the legal provisions regarding gender change from the perspective of Indonesian legislation, as well as to identify and analyse the relevance of these provisions to Werner Menski’s legal pluralism triangle concept. The research employs normative legal methods using statutory, philosophical, and conceptual approaches. Data collection is conducted through literature studies on laws and regulations, legal literature, and court decisions related to gender change. The results indicate that the ratio legis of gender change provisions reflects the state’s effort to protect and recognise the personal and legal status of every citizen. However, these provisions have not yet shown strong relevance to Werner Menski’s legal pluralism triangle concept, particularly regarding the legal protection of transgender individuals whose petitions for gender status changes have been rejected by the courts. The conclusion emphasises the need to adjust national legal norms to better respond to the complex moral, social, and cultural issues arising in a globalised society.  
Co-Authors Alviani, Fitri Maulina Darojat, Tawakal Akbar Fitri Maulina Alviani Nizam, Sadida