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All Journal Ulumuddin : Jurnal Ilmu-ilmu Keislaman Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan AL-SULTHANIYAH Anayasa
Maulina, Nia
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Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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EXPLORE THE FOUNDATIONS AND PRINCIPLES OF ISLAMIC FAMILY LAW Sofiandi, Aldi; Irwansyah, Wawan; Wiranti, Wiranti; Irwan, Irwan; Maulina, Nia
ANAYASA : Journal of Legal Studies Vol. 1 No. 2 (2024): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v1i2.107

Abstract

The aim of this research is to explore the foundations and principles of Islamic family law. The method used by the researcher is a qualitative research method with a library study type of research. This type of literature study research is used to explore an in-depth understanding of a topic or phenomenon by analyzing relevant literature and sources, which in this research is related to exploring the foundations and principles of Islamic family law. As for data, it is obtained through study and analysis of various references such as books, scientific journals, articles and other documents related to the topic being researched and then researchers draw common threads and conclude from the findings and research studies. The results of this research show that the literature study on exploring the foundations and principles of Islamic family law provides a comprehensive overview of the multifaceted nature of this legal framework. Rooted in the Quran and the Sunnah, Islamic family law encompasses principles related to marriage, divorce, child custody, inheritance, and broader ethical considerations. The literature reflects the ongoing efforts of researchers to analyze and interpret Islamic legal sources, shedding light on the adaptability of Islamic family law to different cultural and social contexts. As scholars continue to explore and debate various aspects of Islamic family law, the literature serves as a valuable resource for understanding the principles that govern family life within the Muslim community and their implications for individuals, families, and societies at large.
DINAMIKA PENGARUH MEDIA SOSIAL TERHADAP KEHARMONISAN RUMAH TANGGA DALAM PERSPEKTIF HUKUM KELUARGA Maulina, Nia; Hidayat, Rahmat; Irwansyah, Wawan; Wiranti, Wiranti; Fatihatu Salamah, Nur
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 7 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i7.3016

Abstract

Social media has become an integral aspect of modern household life, offering both opportunities and challenges to family harmony. While platforms enable smoother communication between spouses, they also introduce risks such as jealousy, suspicion, and conflict due to interactions with individuals outside the marital relationship. This study analyzes the influence of social media on household harmony from the perspective of Islamic family law and explores how Muslim families resolve related conflicts. Using a qualitative method, the research involves in-depth interviews with Muslim couples, religious leaders, and family mediators in urban and semi-urban areas of West Kalimantan. The data were processed through stages of reduction, presentation, and verification, and interpreted in light of Islamic family law principles. The findings show that social media has a dual role in household dynamics. While some couples benefit from enhanced communication and emotional closeness, others experience discord triggered by breaches of privacy or inappropriate interactions. Most conflict resolution is conducted internally through mutual dialogue or with the involvement of religious figures. The principles of reconciliation and adherence to Islamic values are central to resolving disputes. The study highlights the need for integrating digital literacy grounded in Islamic teachings into premarital counseling and family guidance. It provides insights for religious counselors, mediators, and policymakers seeking to strengthen family resilience in the digital era. This research offers a distinctive contribution by focusing on the intersection of social media use and Islamic family law in the local context of West Kalimantan, an area that remains underexplored in previous studies.
Analisis Hukum Islam Terhadap Ketentuan Nafkah Mut'ah Pada Perkara Cerai Gugat Dalam Hukum Positif Di Indonesia Irwansyah, Wawan; Maulina, Nia; Wiranti, Wiranti; Hidayat, Rahmat; Irwan, Irwan
Ulumuddin: Jurnal Ilmu-ilmu Keislaman Vol 15 No 2 (2025): Ulumuddin: Jurnal Ilmu-Ilmu Keislaman
Publisher : Universitas Cokroaminoto Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47200/ulumuddin.v15i2.2915

Abstract

This study addresses the legal norm disparity concerning the provision of nafaqah mut’ah (consolation maintenance) in wife-initiated divorces. While Islamic law and Indonesia’s Compilation of Islamic Law generally grant such maintenance to wives divorced by their husbands, the regulation is unclear when the wife files for divorce. This research aims to examine the legal standing of nafaqah mut’ah for wives initiating divorce, within the framework of Islamic and Indonesian positive law. A qualitative descriptive-analytical method was applied, involving document analysis and interviews with judges and legal practitioners. The findings show that nafaqah mut’ah is typically not granted in such cases unless the court determines that the husband bears fault in the marital breakdown. These findings underscore the need for legal reform in Islamic family law to enhance gender justice and legal certainty, aligning with the broader objectives of Islamic law in promoting fairness and public welfare.
Sistem Pembagian Harta Waris di Indonesia berdasarkan Hukum Islam dan Hukum Adat Hidayat, Rahmat; Maulina, Nia; Wiranti; Irwansyah, Wawan; Abadi, Lukman Tri Jaya
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4176

Abstract

Indonesia, as a country that embraces legal pluralism, possesses diverse systems in the distribution of inheritance, namely Islamic inheritance law and customary inheritance law. This study aims to comparatively analyze the principles and mechanisms of inheritance distribution based on both systems using a normative juridical approach and descriptive-qualitative analysis method. The findings show that Islamic inheritance law is codified and normative, with fixed shares determined by syar’i sources such as the Qur’an and Hadith. In contrast, customary inheritance law is flexible and contextual, adjusted to social structures and kinship systems such as patrilineal (Batak), matrilineal (Minangkabau), and bilateral (Javanese, Buginese). The theory of legal pluralism is used to explain how Indonesian society integrates religious values, local customs, and communal justice in inheritance practices. The analysis also indicates that integrating these two legal systems can produce a more socially responsive model of inheritance distribution. This study recommends more explicit legal recognition of customary law within the national legal system and opens the possibility for a hybrid legal approach that accommodates substantive justice, deliberation (musyawarah), and public benefit (maslahah). Thus, legal pluralism should not be seen as a barrier to justice but rather as a foundation for reconstructing a more adaptive and contextual inheritance law system in Indonesia.
Co-Authors Abadi, Lukman Tri Jaya Fatihatu Salamah, Nur Irwan Irwan Irwansyah, Wawan Rahmat Hidayat Sofiandi, Aldi Wiranti Wiranti, Wiranti