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Toward Reform: Revamping Family Law in Muslim Nations Kartini, Aisyah; Sulfinadia, Hamda; Efrinaldi
MAQASID Vol 13 No 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.22820

This research explains in more detail about family law reform in several Muslim-majority countries such as Indonesia, Malaysia, Brunei, Turkey, Egypt, Jordan, Morocco, Syria and other countries. The purpose of this article is to provide a small overview of how reforms are taking place in the field of family law in several Muslim countries. Problems that arise in family law have three important components, namely marriage, divorce and inheritance. This discussion will reveal the results of reforms or changes that arose as a result of shifts in era and power from the colonial period to the period of independence. As technology develops and new problems arise, Muslim countries also provide regulations in several ways so as to produce compatibility between law and society. This research uses a normative research type, a literature study with a descriptive analysis research type. The method is carried out by combining several descriptions of changes or reforms that occurred in the formulation of Family Law Laws in Muslim Countries so as to obtain the desired results. Laws that are in line with current developments will be very much needed, especially in the field of family law. then returning laws that deviate from the teachings that are applied is a denial.

PEMBAHARUAN HUKUM KELUARGA ISLAM DI IRAN: REFORMASI PASCA-REVOLUSI 1979 DALAM PERSPEKTIF MAZHAB JA’FARI Lagus, Wegestin; Hidayat, Rahmat; Efrinaldi
Al Maqashidi : Jurnal Hukum Islam Nusantara Vol. 8 No. 1 (2025): Al Maqashidi : Jurnal Hukum Islam Nusantara
Publisher : UNIVERSITAS NAHDLATUL ULAMA SUNAN GIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32665/almaqashidi.v8i1.4607

Pasca-Revolusi Islam 1979, Iran membentuk sistem pemerintahan teokratis berbasis mazhab Ja’fari yang menjadikan fiqh Syiah sebagai fondasi utama dalam penyusunan hukum nasional, termasuk di bidang hukum keluarga. Reformasi hukum keluarga setelah revolusi tidak hanya menegaskan dominasi ulama dalam proses legislasi, tetapi juga menjadi respons terhadap sistem hukum sekuler peninggalan rezim Pahlavi. Artikel ini bertujuan untuk menganalisis dinamika reformasi hukum keluarga Islam di Iran pascarevolusi dengan menelusuri bagaimana fiqh Ja’fari diformulasikan dalam peraturan negara serta bagaimana tafsir keagamaan tersebut berinteraksi dengan isu-isu kontemporer seperti pernikahan, talak, poligami, hak asuh anak, dan posisi perempuan. Penelitian ini menggunakan metode kualitatif dengan pendekatan normatif-historis berbasis studi literatur terhadap regulasi, yurisprudensi, dan dokumen resmi. Temuan menunjukkan bahwa meskipun struktur hukum keluarga di Iran cenderung konservatif dan patriarkal, terdapat reformasi parsial yang menunjukkan fleksibilitas fikih Ja’fari dalam merespons tekanan sosial, gerakan perempuan, dan tuntutan keadilan gender. Dengan demikian, reformasi hukum keluarga di Iran pascarevolusi mencerminkan negosiasi antara teks syariah dan dinamika sosial, sekaligus mempertahankan otoritas ideologis negara.

Transformation Of Family Law In Algeria Analysis Of The Pre- And Post Independence Period Gustamar, Andri; Efrinaldi; Hidayat, Rahmat; Amal, Benazza
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.v3i1.68

This study aims to reveal the influence of family law reform in Algeria on the socio-cultural life patterns of its people. As one of the Muslim countries in the African continent, Algeria has gone through various stages of legal reform, especially in the field of family law. These efforts include modernizing regulations, increasing the protection of women's rights, and adapting to changing social and cultural developments. Cultural and social values play an important role in the formation of family law in this country. The findings of the study show that during the Ottoman Turkish rule, Islam was the main foundation in regulating people's lives. However, the arrival of French colonialism had a significant impact on the resilience of the Islamic legal system, as seen from France's efforts to integrate elements of European law into the existing Islamic legal system. On the other hand, French colonization also encouraged the development of family law in Algeria, as reflected in the ratification of the Marriage Law in 1959 known as the Ordinance. After gaining independence, Algeria experienced a major overhaul in its family law with the ratification of the Family Code 1984, which was later amended through Ordinance No. 2 of 2005.

Revealing the Transformation of Moroccan Islamic Family Law Syauqi, Adib; Rahmat Hidayat; Efrinaldi
Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman Vol. 13 No. 1 (2025): Juni
Publisher : INSTITUT AGAMA ISLAM BANI FATTAH (IAIBAFA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52431/tafaqquh.v13i1.2905

Mudawwanah al-Usra Morocco as a result of the transformation of family law that has relevance in today's times. for that, this research will reveal how the process of transforming family law in Morocco to produce a family law rule that is relevant to the times. This research uses a library research method and data collection techniques by reading literature that can be used as a source according to this research. The results showed that the bookkeeping of the 1957 Moroccan family law adopted the classical fiqh book so changes were made again afterwards. the Moroccan law book, namely Mudawwana al-usra, is the final form of many changes that have been made before. This one is the result of radical changes by the committee in charge. Historically, the old mudawwana book still fully refers to the fiqh books which are old culture. Thus, some rights were not fulfilled. This change has completed the shortcomings of the previous books.

Toward Reform: Revamping Family Law in Muslim Nations Kartini, Aisyah; Sulfinadia, Hamda; Efrinaldi
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 2 (2024): Hukum Keluarga Islam
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.22820

This research explains in more detail about family law reform in several Muslim-majority countries such as Indonesia, Malaysia, Brunei, Turkey, Egypt, Jordan, Morocco, Syria and other countries. The purpose of this article is to provide a small overview of how reforms are taking place in the field of family law in several Muslim countries. Problems that arise in family law have three important components, namely marriage, divorce and inheritance. This discussion will reveal the results of reforms or changes that arose as a result of shifts in era and power from the colonial period to the period of independence. As technology develops and new problems arise, Muslim countries also provide regulations in several ways so as to produce compatibility between law and society. This research uses a normative research type, a literature study with a descriptive analysis research type. The method is carried out by combining several descriptions of changes or reforms that occurred in the formulation of Family Law Laws in Muslim Countries so as to obtain the desired results. Laws that are in line with current developments will be very much needed, especially in the field of family law. then returning laws that deviate from the teachings that are applied is a denial.

DUALISME PEMAHAMAN MASYARAKAT NAGARI PASIR TALANG TIMUR SOLOK SELATAN TERHADAP PENCATATAN PERKAWINAN: Abstrak, Pendahuluan, Metode Penelitian, Pembahasan dan Hasil, Kesimpulan, Daftar Pustaka Wedi Afri; Sulfinadia, Hamda; Efrinaldi
JAS : Jurnal Ahwal Syakhshiyyah Vol 6 No 1 (2024): Jurnal Ilmiah Ahwal Syakhshiyyah (JAS)
Publisher : Fakultas Agama Islam UNISMA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/jas.v6i1.21466

The aim of this research is to determine the factors causing the dualism of community understanding in Nagari Pasir Talang Timur District. Pagu River District. South Solok regarding marriage registration and to find out the legal efforts taken by the people of Nagari Pasir Talang Timur District. Pagu River District. South Solok regarding unregistered marriages. This research method uses a field research method in the form of qualitative research assisted by direct interviews with people who carry out private marriages and interviews with the KUA, Sungai Pagu District, South Solok Regency. Interviews are carried out by asking detailed questions directly and face to face with the relevant parties. The data sources used in this research are primary data sources and secondary data sources. The results of this research are the factors that cause dualism in the understanding of the people of Nagari Pasir Talang Timur Kec. Pagu River District. South Solok Regarding Marriage Registration, the first thing is that marriage registration does not exist in Islamic law. Second, the community expressed that they obey religion first, then obey state laws and regulations. And third, the legal regulations in Indonesia regarding marriage are different from the teachings of the Islamic religion. The legal action taken by the community against unregistered marriages is first, by registering the marriage through a marriage certificate at the Religious Court. However, this marriage law can be submitted to the Religious Court for reasons of resolving a divorce. Second, carrying out remarriage in accordance with applicable laws and regulations with authorized officials, namely officials from the Office of Religious Affairs (KUA). Keywords: Dualism, Marriage Registration, Private Marriage

Tracing Truth : A Critical Study on the Authenticity of the Hadiths in Al-Bayan by Abdul Hamid Hakim (1893 M-1959 M) Muhammad Hafizi; Luqmanul Hakim; Efrinaldi
JOURNAL OF QUR'AN AND HADITH STUDIES Vol. 14 No. 2 (2025)
Publisher : JOURNAL OF QUR'AN AND HADITH STUDIES

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/quhas.v14i2.46554

This research focuses on the problem of unclear hadith authentication and legal classification in Al-Bayan by Abdul Hamid Hakim, where many hadiths are cited without explanation of their sanad or legal status. Such absence of references raises questions about the methodological rigor and reliability of the hadiths used as istidlal (legal arguments). The study employs a qualitative method with a literature study approach, emphasizing takhrij al-hadith to trace the origins, authenticity, and legal implications of the hadiths. Through comparative analysis, the research identifies 165 hadiths, of which 129 are excluded because their rulings are clear and authenticated by al-Bukhari and Muslim, while 36 require further takhrij. From 103 hadiths analyzed in detail, 6 are hasan, 9 are da‘if, and the rest are sahih. The findings show that Abdul Hamid Hakim’s interpretive approach integrates the Qur’an, hadith, qiyas, and scholarly consensus, prioritizing moral and legal coherence over technical precision.

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