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All Journal Hukum Islam FOKUS: Jurnal Kajian Keislaman dan Kemasyarakatan Maqasid: Jurnal Studi Hukum Islam Tafaqquh: Jurnal Penelitian Dan Kajian Keislaman FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Jurnal Ilmiah Al-Syir'ah Humani (Hukum dan Masyarakat Madani) Al-Masharif: Jurnal Ilmu Ekonomi dan Keislaman Ijtihad El-Usrah: Jurnal Hukum Keluarga Jurnal Ilmiah Ahwal Syakhshiyyah (JAS) Jurnal AL-AHKAM AL-FALAH : Journal of Islamic Economics An-natiq Jurnal Kajian Islam Interdisipliner Kawanua International Journal of Multicultural Studies Familia: Jurnal Hukum Keluarga Al-Istinbath: Jurnal Hukum Islam al-Mawarid Jurnal Syariah dan Hukum (JSYH) Innovative: Journal Of Social Science Research Jurnal Ilmiah Research and Development Student Mawaddah: Jurnal Hukum Keluarga Islam Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah Jurnal Elsyakhshi Samara: Journal of Islamic Law and Family Studies
Hamda Sulfinadia
Universitas Islam Negeri Imam Bonjol Padang
Religion Arts Humanities Astronomy Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Rujuk Di Luar Kantor Urusan Agama (Studi Kasus Di Sungai Tutung Kecamatan Air Hangat Timur, Kabupaten Kerinci) Agustina, Elta; Sulfinadia, Hamda
Hukum dan Masyarakat Madani Vol. 14 No. 2 (2024): November
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/humani.v14i2.8734

Abstract

Artikel ini akan memfokuskan kajian dan pembahasan mengenai rujuk di luar Kantor Urusan Agama (KUA), dengan kasus-kasus yang terjdi di masyarakat yang membahas bagaimana praktik dari pelaksanaan rujuk di luar KUA di Kabupaten Kerinci. Penelitian ini menggunakan penelitian kualitatif dengan metode deskriptif. Selanjutnya penelitian ini juga akan menggunakan dua jenis data yaitu data primer dan sekunder. Kajian penelitian ini menemukan bahwa pada salah satu desa di Kabupaten Kerinci dalam proses pelaksanaan rujuk masih belum sesuai dengan Kompilasi Hukum Islam, sebab pelaksanaan rujuk yang dilakukan merupakan cara yang tidak sesuai berdasarkan Peraturan tentang Perkawinan di Indonesia. Hal ini masih terjadi di masyarakat karena berlandaskan terhadap tradisi terdahulu, yakni hanya dengan adanya kesepakatan antara kedua belah pihak yang tanpa paksaan. Namun tanpa memikirkan akibat yang mungkin terjadi jikalau rujuk tersebut tidak dicatatkan hal ini disebabkan oleh tradisi serta ketidaktahuan masyarakat tentang aturan yang mengatur masalah rujuk.
Legalization of Nikah Sirri: A Solution to Obtain Marital Status Recognition Among Diverse Cultural Groups in Indonesia Darmawan, Aldy; Sulfinadia, Hamda; Efrinaldi, Efrinaldi; Elfia, Elfia; Izzati, Nurul
Kawanua International Journal of Multicultural Studies Vol 4 No 2 (2023)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v4i2.728

Abstract

This article examines the background behind couples from various ethnic groups in Indonesia opting for unregistered marriages and their efforts to obtain legal recognition of their marital status from the state. The research aims to understand the motivations of couples from different cultural backgrounds when deciding to marry in secrecy and how they then seek to legalize their unions through court decisions on marital status confirmation. The method used in this study is field research with a descriptive qualitative approach. Primary data was obtained through in-depth interviews with 14 interethnic couples such as Minang, Batak and Javanese in Padang City who filed petitions for marital status confirmation to the local Class 1A Religious Court. The findings reveal that preferences over unregistered marriages are influenced by the social, cultural and religious backgrounds of each ethnic group. This condition necessitates contextual adjustments in providing legal solutions to the issue of unregistered marriages so that they can be accepted by all parties from the existing cultural diversity. In conclusion, marital status confirmation in Religious Courts can be an effective legal solution for interethnic couples with unregistered marriages in Indonesia to obtain formal recognition of their marital status. However, a profound understanding of the prevailing socio-cultural values in each community is needed so that decisions on marital status confirmation do not contradict and can be well accepted by all parties.
Leadership of Generation Z Women: A Critical Study of Gender Equality and Islamic Perspectives Layla, Desteny; Santika, Sovia; Efrinaldi, Efrinaldi; Sulfinadia, Hamda; Amirah, Nabilla; Zufialina, Era
Jurnal Elsyakhshi Vol. 2 No. 2 (2024): December
Publisher : Sekolah Tinggi Agama Islam Solok Nan Indah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69637/jelsy.v2i2.211

Abstract

This study examines the topic of women’s leadership, which has been a subject of discussion among classical and contemporary scholars, intellectuals, and the general public. The relevance of this discourse grows when viewed in the context of Generation Z, a generation shaped by rapid technological advancements. The study seeks to analyze the characteristics of Generation Z, the concept of women’s leadership, and perspectives on this issue through the lenses of gender equality and Islamic thought. Using a library research method and secondary data sources, this study adopts a descriptive qualitative analysis approach. The findings highlight diverse scholarly views on women’s leadership. While many classical scholars express reservations, some contemporary scholars adopt a more accepting stance. From a gender equality perspective, Islam emphasizes that men and women possess rights and responsibilities and upholds principles of justice for all individuals, irrespective of gender. While differing opinions persist, women today contribute actively in various fields, often based on competence rather than gender. For Generation Z, their distinctive characteristics provide potential for leadership. Leadership often starts with self-leadership, evolving gradually to encompass broader responsibilities. Effective leadership is portrayed as a developmental process rather than an immediate attainment of high-ranking roles.
GUIDANCE ON MARRIAGE AND ISLAMIC FAMILY LAW: STRENGTHENING FAMILY RESILIENCE IN FACING THE DYNAMICS AND COMPLEXITIES OF CONTEMPORARY FAMILIES Febrianti, Lora; Sulfinadia, Hamda; Ahmad Nadzri, Amirulhakim Bin
al-Mawarid Jurnal Syariah dan Hukum (JSYH) Vol. 7 No. 1 (2025): al-Mawarid Jurnal Syariah dan Hukum (JSYH)
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/mawarid.vol7.iss1.art6

Abstract

Purpose - This study aims to analyze the implementation of marriage guidance in the Religious Affairs Office (KUA) of the East Padang Sub-district and identify the inhibiting factors. This study also examines the relevance of marriage guidance from the perspective of contemporary family law, especially in improving family resilience by understanding the rights and obligations of husbands and wives. Methods: This research is qualitative field research. Data were collected through interviews with the Religious Affairs Office Staff, prospective brides, and other resources involved in marriage guidance. The descriptive analysis method was used to understand the implementation patterns and constraints of this guidance program. Findings - The results showed that marriage guidance at the Religious Affairs Office (KUA) of East Padang Sub-district was conducted one week before the marriage contract. The material presented includes household development, responsibilities and obligations of husbands and wives, educating children, and worship in the household. The delivery of the material involved the KUA, the Health Office, BKKBN, religious counselors, and traditional leaders using lectures, questions and answers, and discussions. The main inhibiting factors were the discipline of the bride and groom and a lack of awareness of the importance of marriage guidance. Contributions/Limitations - This study contributes to understanding the role of marriage guidance in building family resilience when facing challenges in the contemporary era. The findings can serve as a reference for policymakers seeking to improve the effectiveness of marriage guidance in Indonesia.
ABOLITION OF POLYGAMY IN TURKIYE: JURIDICAL STUDY OF KEMALIST REFORM Jufrizal, Jufrizal; Sulfinadia, Hamda; Efrinaldi, Efrinaldi
An Natiq Vol 5 No 1 (2025)
Publisher : University of Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/an-natiq.v5i1.22022

Abstract

This study aims to examine the historical and legal transformation of polygamy regulation in Turkiye, from its initial permissibility to its eventual prohibition under the influence of Kemalist secular reforms. With information acquired from documentation and library research, this study employs a juridical-normative approach and a qualitative-descriptive method.  The findings indicate that the abolition of the 1917 Ottoman Family Law resulted in the unequivocal prohibition of polygamy, which had been permitted under certain situations, with the enactment of the Turkish Civil Code by Mustafa Kemal Atatürk. The study highlights the significant role of Kemalism in shaping the legal landscape of Turkiye, particularly in transitioning from religious to secular legal frameworks. While the research offers important insights into the intersection of law, secularism, and social reform, it is limited by its reliance on secondary sources and the absence of field-based empirical data. Nevertheless, it contributes to the broader discourse on legal modernization and the socio-political implications of secularism in Muslim-majority societies.
Revealing the Legal Implications of Post-Eiddah Reconciliation from the Perspective of Maslahah Kartini, Aisyah; Sulfinadia, Hamda; Mahmut, Rami İbrahim
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.v3i1.65

Abstract

The end of the marriage bond in Islamic law can occur through two forms of divorce, namely divorce raj'i (which allows reconciliation during the iddah period) and divorce ba'in (which does not allow reconciliation without a new contract). This study aims to examine in depth the implications of maslahah on the phenomenon of reconciliation of married couples after the end of the iddah period, especially in the social and cultural context of Indonesian society. The research method used is descriptive-analytical with a juridical normative approach, which is based on a literature study of classical and contemporary sources of Islamic law, as well as applicable laws and regulations. The data is analyzed qualitatively to reveal the requirements, procedures, and rights and obligations that surround the process of rujuk or post-iddah reconciliation. The results show that even though the iddah period has ended, there is legal space that allows for a remarriage contract as a form of reconciliation, as long as the shar'i requirements are met. The views of the imams such as Hanafi, Maliki, Shafi'i and Hanbali provide diverse but complementary perspectives in assessing the validity of post-iddah reconciliation. The discussion emphasizes the importance of considering maslahah in the practice of reconciliation, in order to protect the interests of both parties and maintain social stability. Thus, reconciliation after the iddah period can not only be considered legally valid, but also beneficial in the context of the benefit of the people and does not conflict with the principles of state law.
Resolution Of Household Conflicts Due To Different Choices Of Presidential Candidates Perspective Of Islamic Law Mardiyah, Siti; Sulfinadia, Hamda; Aji Haqqi, Abdurrahman Raden
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.v3i1.66

Abstract

Islam indeed mandates wives to be obedient to their husbands. One of the Hadiths of Prophet Muhammad (PBUH) states that if anyone were permitted to prostrate to another human, he would instruct wives to prostrate to their husbands. However, is this obedience absolute, such that all decisions and commands of the husband must be followed by the wife, including in the matter of choosing a presidential candidate? Meanwhile, the state has guaranteed the right to vote and be elected for all citizens, and any form of restriction constitutes a violation of human rights. This study addresses the case of a husband abusing his wife due to differences in presidential candidate preferences in the 2024 election. The data sources for the study were obtained from journals, articles, and other scholarly works relevant to the research. The findings of this study conclude that the obligation of a wife's obedience to her husband is not absolute. Similarly, in determining the choice of a presidential candidate, a wife may vote according to her conscience. A wife will not be classified as disobedient or rebellious to her husband solely because of differing political preferences. If household conflicts arise due to differences in presidential candidate preferences, the solutions that can be implemented include open communication, setting privacy boundaries regarding politics, not easily believing hoaxes, and reminding each other that household harmony is more important than politics.
The Phenomenon Marriage is Scary: Causal Factors and Efforts Faced by Muslim Communities in Indonesia Sulfinadia, Hamda; Jurna Petri Roszi; Mega Puspita; A'zizil Fadli; A'inil Fadli
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.12414

Abstract

This research focuses on the phenomenon marriage is scary that has become a phenomenon in Indonesia. Indonesian statistics show that the marriage rate is decreasing, and the divorce rate is increasing every year.  It was found that as many as 397 Muslims in Indonesia experienced marriage is scar. This may be one of the causes of the declining marriage rate every year.  This study aims to determine and analyze the causes of marriage is scary and explore the efforts made in the internal and external environment. This study is a qualitative research, primary data comes from respondents who experience marriage is scary, parents, traditional leaders and religious leaders, totaling 20 people. The findings of this study indicate that first, the causes of marriage is scary in Indonesian Muslim communities are economic factors (31.99%), customs and culture (15.62%), social media (6.8%), domestic violence (15.60%), social media (6.85) and other reasons (11.44%); Second, the efforts made to minimize the occurrence of marriage is scary in Indonesia are approaches and open communication with families, providing religious strengthening and understanding of marriage and strengthening local wisdom.
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 : Muhammadiyah University of Surabaya

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

Abstract

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

Abstract

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
Co-Authors A'inil Fadli A'zizil Fadli Abdul Razak, Dudung Abrian Tanjung Agustina, Elta Ahmad Nadzri, Amirulhakim Bin Aji Haqqi, Abdurrahman Raden Ali Ibrahim Amirah, Nabilla Awang Ringgit Darmawan, Aldy Diyarti, Sisi Efendi, Faisal Efrinaldi Efrinaldi Efrinaldi Efrinaldi, Efirnaldi Elfia Elfia Eli Suryani Eli Suryani Elkhairati, Elkhairati Elmina, Sovia Febrianti, Lora Fitri, Anisa Hadi, Farid Nurul Hapis Hertasmaldi, Hertasmaldi Ikhwan Ikhwan Izzati, Nurul Jufrizal Jufrizal Jurna Petri Roszi, Jurna Petri Kartini, Aisyah Layla, Desteny Mahmut, Rami İbrahim Mardianto Mardianto Maulana, Gempa Mega Puspita Rama Dhini Permasari Johar Ramadhani, Yunisa Riski Rosdialena Santika, Sovia Siti Mardiyah Surya Oktarina Syafrudin, Zuhri Tanjung, Abrian Teuku, Teuku Vito Dasrianto Wedi Afri Yanti, Deri Yasrul Huda Zidni ‘Ilman Nafi’an Zidni ‘Ilman Nafi’an Zufialina, Era