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All Journal Jurnal Hukum Islam dan Hukum Keluarga JICL
Ibnu Radwan Siddik Turnip
UIN Sumatera Utara
Religion Humanities Law, Crime, Criminology & Criminal Justice Other

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Perkembangan Hukum Keluarga Islam Di Asia Selatan: Studi Komparatif Di Negara Pakistan, India, Dan Bangladesh: The Development of Islamic Family Law in South Asia: A Comparative Study of Pakistan, India and Bangladesh Muhammad Iqbal Hanafi Nasution; Juni Arnisa Napitupulu; Uswatun Hasanah; Ibnu Radwan Siddik Turnip; Rahmad Efendi
Journal of Indonesian Comparative of Syari'ah Law Vol. 9 No. 1 (2026): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v9i1.15

Abstract

This study aims to analyze the development of Islamic family law in South Asia, particularly in Pakistan, India, and Bangladesh, through a normative review of the main regulations that shape the family law system in the region. The study focuses on the influence of colonial heritage, national legal politics, and patterns of Sharia interpretation on the direction of Islamic family law reform. The method used is normative jurisprudence with a statute approach, through an examination of regulations such as the Muslim Personal Law (Sharia) Application Act 1937, the Muslim Family Laws Ordinance 1961, and the Muslim Marriages and Divorces (Registration) Act 1974. The data was analyzed qualitatively to identify differences in normative configurations between countries. The results of the study show that although the three countries have similar fiqh roots, the approach to Islamic family law legislation has developed differently. Pakistan stands out with administrative reforms that strengthen the role of the state, Bangladesh combines formal regulations with community mediation mechanisms, while India maintains a personal law system with limited state intervention. This study concludes that the effectiveness of Islamic family law in South Asia depends on the synergy between state codification and community authorities oriented towards substantive justice and social welfare.
Pandangan Hakim Tentang Konsep Nusyuz Pada Perkara Cerai Talak: (Studi Putusan Pengadilan Agama Kisaran Nomor: 1513/Pdt.G/2025/PA.KIS) al-fathir DAMANIK; Ibnu Radwan Siddik Turnip
Al-Usroh Vol. 6 No. 1 (2026): Al-Usroh: Jurnal Hukum Islam dan Hukum Keluarga
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/srvrym72

Abstract

The evidentiary process for establishing a wife’s nusyuz in court is not as straightforward as portrayed in Islamic jurisprudence. This study examines the views of Kisaran Religious Court judges who rejected a husband’s nusyuz claim against his wife in divorce case Number 1513/Pdt.G/2025/PA.KIS. The husband alleged that his wife consumed illegal drugs, frequented nightclubs, and had a relationship with another man. However, the judges rejected these claims and granted the wife her civil rights. This study employs an empirical juridical method with case, conceptual, and empirical approaches. Primary data were obtained through interviews with judges handling the case, while secondary data were derived from the court decision, legislation, the Compilation of Islamic Law, fiqh literature, and scientific journals. Data were analyzed qualitatively using a descriptive method. The findings show that nusyuz is not determined solely by improper conduct but by disobedience to marital obligations that must be clearly proven based on trial facts. Although the Respondent had visited entertainment venues, this did not automatically constitute nusyuz because it was not proven that the conduct was continuous or caused her to neglect her duties as a wife and mother. The judges also considered that the separation occurred because the Petitioner expelled the Respondent and failed to provide maintenance. This view reflects Islamic family law principles emphasizing evidence, justice, and protection of the parties’ rights. The study confirms that conduct considered an indication of nusyuz in fiqh cannot automatically be established in court without sufficient evidence.
Co-Authors al-fathir DAMANIK Juni Arnisa Napitupulu Muhammad Iqbal Hanafi Nasution Rahmad Efendi Uswatun Hasanah