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All Journal Jurnal As-Salam Pendekatan Kebijakan Publik dalam Politik Pendidikan Islam Al-Hukama: The Indonesian Journal of Islamic Family Law
Utami, Ria Cahyaning
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Matchmaking Bureau at the Ministry of Religious Affairs of Surakarta: The Legal Utilitarianism Perspective on the Samawa Program Utami, Ria Cahyaning; Hilmy, Ahmad Arif Masdar; Al Adawiyah, Mutiah Robiah
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 13 No. 2 (2023): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2023.13.2.229-252

Abstract

Non-governmental entities often facilitate current matchmaking trends, promoting certain ideologies that may contradict the Islamic family law model introduced by the state. In response, Surakarta’s Ministry of Religious Affairs launched the "Samawa Program: Make Me Your Partner" to support matchmaking, especially amid limited mobility during the COVID-19 pandemic. This article uses a philosophical approach to examine this program’s goals, rules, and strategies and how it aligns with Jeremy Bentham’s legal utilitarianism theory. The article finds that this free of charge program provides marriage guidance practices distinct from regular marriage counseling practices at the Office of Religious Affairs. The program’s objective is for individuals to get marriage guidance as a foundation for building a family and to find a partner who meets their criteria. Considering Bentham’s seven indicators of happiness and pain levels, the program fully satisfies the intensity, duration, proximity, and fecundity benefit aspects. However, it can potentially generate harm regarding the other three elements: certainty, purity, and extent. At this stage, the program is considered highly beneficial, serving as an effective facilitation tool for individuals seeking compatible partners. It not only ensures a satisfying matchmaking experience but also provides quick, credible access to essential marital knowledge.
GENDER EQUALITY OF CHILDREN CARE RIGHTS FAZLUR RAHMAN'S HERMENEUTIC PERSPECTIVE Darmawan, Darmawan; Musafa'ah, Suqiyah; Utami, Ria Cahyaning
Jurnal As-Salam Vol. 9 No. 2 (2025): Jurnal As-Salam
Publisher : Asosiasi Dosen Perguruan Tinggi Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37249/assalam.v9i2.965

Abstract

This study aims to analyze gender equality in child custody rights (?a??nah) through Fazlur Rahman’s double movement hermeneutic framework. The research focuses on the relevance of Qur’anic and Prophetic texts regulating parental responsibilities, particularly QS Al-Baqarah: 233, QS At-Tahrim: 6, and several hadiths addressing custody arrangements. This study employs a qualitative library research design with a historical–contextual analytical approach. Through Rahman's hermeneutics, the research re-evaluates classical Islamic legal formulations that often prioritize mothers in custody decisions without considering contemporary social transformations. The findings reveal that sociocultural contexts and patriarchal structures of early Muslim societies significantly influenced classical custody rulings. Therefore, modern custody decisions should emphasize child welfare, parental capability, psychological stability, and shared responsibility rather than gender-based assumptions. The study concludes that Islam fundamentally offers equal opportunities for both parents to assume childcare responsibilities. Accordingly, custody arrangements must prioritize the child's best interests and align with the moral principles of justice, compassion, and cooperation embedded in Islamic teachings. This hermeneutic reinterpretation highlights the necessity of contextual legal reasoning to ensure gender-balanced and child-centered custody practices.
GENDER EQUALITY OF CHILDREN CARE RIGHTS FAZLUR RAHMAN'S HERMENEUTIC PERSPECTIVE Darmawan, Darmawan; Musafa'ah, Suqiyah; Utami, Ria Cahyaning
Jurnal As-Salam Vol. 9 No. 2 (2025): Jurnal As-Salam
Publisher : Asosiasi Dosen Perguruan Tinggi Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37249/assalam.v9i2.965

Abstract

This study aims to analyze gender equality in child custody rights (?a??nah) through Fazlur Rahman’s double movement hermeneutic framework. The research focuses on the relevance of Qur’anic and Prophetic texts regulating parental responsibilities, particularly QS Al-Baqarah: 233, QS At-Tahrim: 6, and several hadiths addressing custody arrangements. This study employs a qualitative library research design with a historical–contextual analytical approach. Through Rahman's hermeneutics, the research re-evaluates classical Islamic legal formulations that often prioritize mothers in custody decisions without considering contemporary social transformations. The findings reveal that sociocultural contexts and patriarchal structures of early Muslim societies significantly influenced classical custody rulings. Therefore, modern custody decisions should emphasize child welfare, parental capability, psychological stability, and shared responsibility rather than gender-based assumptions. The study concludes that Islam fundamentally offers equal opportunities for both parents to assume childcare responsibilities. Accordingly, custody arrangements must prioritize the child's best interests and align with the moral principles of justice, compassion, and cooperation embedded in Islamic teachings. This hermeneutic reinterpretation highlights the necessity of contextual legal reasoning to ensure gender-balanced and child-centered custody practices.
Co-Authors Al Adawiyah, Mutiah Robiah Darmawan Darmawan Hilmy, Ahmad Arif Masdar Suqiyah Musafaah