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All Journal Journal of Islamic Law El Madani Jurnal Elsyakhshi UKAZ: International Journal of Islamic Studies
Netti, Misra
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Sarumpun marriage phenomenon: analysis of Islamic law perspective Yandi, Akmal; Akem, Umar; Dewi, Erna; Netti, Misra; Adrinoviyan, Adrinoviyan
UKAZ: International Journal of Islamic Studies Vol. 1 No. 2 (2024): November
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

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Abstract

Minangkabau society, which adheres to a matrilineal kinship system, considers marriage as an important event. In Minangkabau custom, sarumpun marriage is strictly prohibited, and violations are subject to customary punishment. However, in Islamic law, there is no prohibition against sarumpun marriage. This study aims to determine the view of Islamic law in the perspective of 'urf on the prohibition of sarumpun marriage. The method used is a qualitative method with an ethnographic approach with data sources from interviews, observations with traditional leaders and data from related books and articles. The results show that Minangkabau custom prohibits sarumpun marriage, but still considers it valid. In Islam, this marriage is not haram, but makruh. From the perspective of urf, this prohibition is included in the valid urf, because Imam Ghazali stated that sarumpun marriage is makruh. In addition, Islam recommends avoiding marriage with close relatives because it can produce weak offspring, as the opinion of the jurists is that a person's lust tends to be weak towards close relatives.
Social Change and Domestic Violence: Empirical Reflections on Islamic Family Law in Pekanbaru Ismail, Muhamad; Zainal, Rusli; Netti, Misra; Faisal, Robithah Alam Hadi; Romianto, Irma
Journal of Islamic Law El Madani Vol. 4 No. 2 (2025)
Publisher : Yayasan Marwah Madani Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55438/jile.v4i2.170

Abstract

This study explores the relationship between social change and domestic violence within the framework of Islamic family law in Pekanbaru, Indonesia. Using a qualitative thematic approach, data were gathered through in-depth interviews with 12 purposively selected respondents, including domestic violence survivors, religious leaders, legal practitioners, and community mediators. The findings reveal that ongoing social transformations—such as shifting gender roles, economic stress, and the weakening of traditional family structures—contribute significantly to the complexity and prevalence of domestic violence cases. Respondents demonstrated varied understandings of Islamic family law, often influenced by cultural norms rather than textual Islamic doctrines. Thematic analysis identified three core themes: (1) dissonance between religious ideals and lived social realities, (2) limited legal literacy regarding Islamic marital obligations, and (3) tensions between local customary practices (adat) and formal Islamic legal frameworks. The study concludes that while Islamic family law offers normative guidance for a harmonious domestic life, its implementation faces socio-cultural and institutional obstacles. Enhancing community-based legal literacy and integrating Islamic legal principles into local dispute resolution mechanisms are recommended to address domestic violence more effectively amidst ongoing social change.
Balancing Tradition and Protection: Child Marriage in the Practice of Islamic Family Law Maswan, Maswan; Toni, Muhammad; Wahyudi, Untung; Sari, Nurma; Netti, Misra
Journal of Islamic Law El Madani Vol. 4 No. 2 (2025)
Publisher : Yayasan Marwah Madani Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55438/jile.v4i2.179

Abstract

Child marriage remains a pressing issue in Indonesia despite legal reforms aimed at increasing the minimum age for marriage. This study conducted in Siak, Riau Province, Indonesia for explores how the practice of Islamic family law influences the persistence of child marriage, focusing on the tension between traditional religious interpretations and contemporary child protection efforts. The aim is to understand how religious court decisions, sociocultural norms, and interpretations of Islamic legal principles contribute to the continuation or mitigation of child marriage in Muslim communities. Using a qualitative approach, data were collected through in-depth interviews with religious court judges (hakim agama), community leaders, and affected families in selected West Java and Central Java regions. Document analysis of court decisions regarding marriage dispensation was also conducted to examine the reasoning behind legal allowances for underage marriages. The findings reveal that while many religious judges express concern for child protection, they often face social and religious pressures to approve marriage dispensations, especially in cases involving premarital pregnancy or economic vulnerability. Cultural traditions and local interpretations of Islamic law frequently prioritize family honor and social conformity over legal age requirements. However, some progressive interpretations are emerging, emphasizing maqāṣid al-sharī‘ah (the higher objectives of Islamic law), especially the protection of minors. This study concludes that balancing tradition and protection requires a contextual rethinking of Islamic legal practices in Indonesia. Greater emphasis on the ethical goals of Islamic law, combined with community education and judicial training, can help reduce the incidence of child marriage. The research highlights the need for an integrated approach that respects religious values while safeguarding children's rights.
Analytical Study of the Development of Islamic Law in Indonesia Hazanah, Natriani; Netti, Misra; Aryanti, Yosi
Jurnal Elsyakhshi Vol. 1 No. 1 (2023): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v1i1.6

Abstract

The study of Islamic law is currently experiencing development, because the impact of developments in science and technology, especially information and communication technology, is taking place rapidly. Changes in society in one place quickly spread to people in other places. The events occurring at this time stimulated the emergence of movements demanding free forms of the Quran and the Prophet's Sunnah, the reopening of the doors of ijtihad, and the abandonment of the doctrine of taqlid. This study uses a qualitative method with content analysis approach, all data taken from various sources are derived from classical holy books, books, theories and expert opinion of Islamic education. The results of this research found the results of the development of Islamic studies during colonial rule, Islamic law in Indonesia during the period of national independence and types of Islamic law and their application. Methods for updating Islamic family law include: Takhshish al-qadha', giving authority to judges, Takhayyur, choosing between opinions within one dominant school, or among four schools, even outside the Sunni school, Re-translating verses of the Quran an and Hadith (retranslation), Siyasah syar'iyyah, determining law based on benefits, Judge's Decision.
Co-Authors Adrinoviyan, Adrinoviyan Akem, Umar Aryanti, Yosi Erna Dewi . Faisal, Robithah Alam Hadi Hazanah, Natriani Maswan, Maswan Muhamad Ismail, Muhamad Nurma Sari, Nurma Romianto, Irma Rusli Zainal, Rusli Toni, Muhammad Wahyudi, Untung Yandi, Akmal