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Criticism of Taklik Talak as an Effort to Protect Women in Marriage Law in Indonesia Harry Yuniardi; Laras Shesa; Hamza Abed Alkarim Hammad
Madania: Jurnal Kajian Keislaman Vol 28, No 2 (2024): DECEMBER
Publisher : Universitas Islam Negeri (UIN) Fatmawati Sukarno Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/madania.v28i2.5924

This study aims to analyze and critique the taklik talak statement, which is considered an effort to protect women's rights within positive law in Indonesia. The central question of this critique is whether a reform of Islamic family law is necessary as an effort to unify marriage law, elevate the status of women in marital relations, and respond to the consequences of societal developments. This research is descriptive in nature, as the data collected consists of texts, words, or descriptions derived from literature and library studies. It analyzes legal regulations related to the empowerment and protection of women's rights. The findings of the study suggest that if taklik talak is to be maintained as a manifestation of protection for women, its wording should be revised to more clearly reflect its support for women. The wife, as the victim, should not only be able to free herself from the bond of her husband, who has violated the taklik talak, but should also be entitled to compensation. Legal reform related to taklik talak in Indonesia is urgently needed. A commitment from various stakeholders, including the government, non-governmental organizations, and the general public, is required to address existing challenges. It is hoped that this will lead to the creation of a more just legal system that protects women's rights. Penelitian ini bertujuan untuk menganalisa dan mengkritisi kalimat taklik talak yang dinilai sebagai upaya perlindungan perempuan dalam hukum positif di Indonesia. Pertanyaan yang menjadi bahasan utama dari kritis tersebut adalah apakah diperlukan pembaruan hukum keluarga Islam sebagai upaya untuk melakukan unifikasi hukum perkawinan, meningkatkan status perempuan dalam relasi rumah tangga, bahkan sebagai respon terhadap ekses dari perkembangan zaman. Penelitian ini bersifat deskriptif karena data yang di himpun berbentuk teks, kata atau penggambaran yang berasal dari kajian kepustakaan dan literature. Dengan menganalisis regulasi perundang-undangan, yang terkait dengan hak pemberdayaan dan perlindungan perempuan. Hasil penelitian mengemukakan bahwa, jika memang taklik talak akan dipertahankan sebagai pengejwantahan perlindungan terhadap perempuan, maka redaksi taklik talak sudah seharusnya direvisi agar benar-benar nampak keberpihakannya kepada perempuan. Isteri sebagai korban, selain bisa lepas dari ikatan suaminya sebagai pelaku pelanggaran taklik talak, seharusnya juga harus mendapatkan kompensasi. Reformasi hukum terkait taklik talak di Indonesia sangat diperlukan. Dibutuhkan komitmen dari berbagai pihak, baik pemerintah, lembaga swadaya masyarakat, maupun masyarakat luas, untuk mengatasi berbagai kendala yang ada. Dengan demikian, diharapkan dapat tercipta sistem hukum yang lebih adil dan melindungi hak-hak perempuan.

Reexamining Sadd Al-Źarī’ah in Contemporary Islamic Family Law: An Empirical Study on the Rationale for Delaying Marriage in Pringsewu Regency Evy Septiana Rachman; Laras Shesa; Siti Zulaikha; Qois Azizah Bin Has
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9193

Purpose – This study is motivated by the growing phenomenon of “waithood” (marriage postponement), which, from the perspective of classical Islamic law, is often viewed as potentially harmful to society. This study aims to analyze the rationale behind marriage postponement in Pringsewu Regency and reexamine the concept of Sadd al-Źarī’ah within a more dynamic social context. Methods – This study employs a qualitative approach with an empirical-sociological focus. Primary data were collected through in-depth interviews with ten women aged 25–40 who consciously delayed marriage, as well as from the Damar Institute and IWAPI Pringsewu. Secondary data were derived from relevant documents, reports, and statistics. Analysis was conducted qualitatively through data reduction, data presentation, and drawing conclusions with interpretation using the Sadd al-Źarī’ah framework Findings – Marriage postponement is influenced by economic, educational, psychological, and sociocultural factors and reflects instrumental, reflective, and normative-contextual rationality. Postponement functions as a mechanism for partner selection and a strategy to ensure the quality of long-term relationships. The findings also indicate a shift in social norms that increasingly accept marriage postponement and the strengthening of women’s agency in determining the timing of marriage. Conceptually, delay is not always a means leading to harm (mafsadat), but can function as an effort to prevent greater risks, such as divorce, domestic disharmony, and unpreparedness to fulfill family roles. Research implications – These findings encourage strengthening premarital education, empowering women through education and economic opportunities, and developing religious approaches that are more adaptive to contemporary social dynamics.

Innovation in Blended Learning: A Solution to the Shortage of Computer Laboratories in Information, Communication, and Technology Courses Sagiman Sagiman; Laras Shesa; Muhammad Istan; Ruly Morganna
EDUKASIA Jurnal Pendidikan dan Pembelajaran Vol. 7 No. 1 (2026): Edukasia: Jurnal Pendidikan dan Pembelajaran
Publisher : LP. Ma'arif Janggan Magetan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62775/edukasia.v7i1.1808

Advances in digital technology have created substantial opportunities for instructional innovation, particularly in higher education institutions facing limitations in physical facilities such as computer laboratories. This study aims to develop and evaluate the effectiveness of a blended learning model supported by Google Classroom as a solution to the shortage of computer laboratories in the Information and Communication Technology course. The research method employed was research and development with an instructional design approach based on the ADDIE model (Analysis, Design, Development, Implementation, Evaluation). Data were collected through observations, interviews, questionnaires, and analysis of student performance within the blended learning environment. The findings revealed that the blended learning model not only enhanced students’ learning independence but also improved teaching effectiveness by optimizing digital resources. Moreover, the implementation of Google Classroom provided flexibility in accessing materials, facilitated more dynamic interaction, and reduced the operational burden on computer laboratories. The novelty of this research lies in the integration of digital instructional strategies with the specific needs of faith-based higher education institutions, which remain underexplored in the higher education literature. Accordingly, this study contributes to the development of adaptive instructional models that can be applied in other educational institutions facing similar infrastructural constraints.

Muhammad Husein's Gender Perspectives on Inheritance in Mukomuko Customary Law Dwi Putra Jaya; Laras Shesa
Mimbar Keadilan Vol. 17 No. 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.9398

This research examines the transmission of the Mukomuko custom according to Muhammad Husein's perspective on gender studies, which posits that women possess equal status and responsibilities as males. This research aims to analyze the correlation between gender studies, as proposed by Muhammad Husein, and the inheritance system outlined in Mukomuko customary law. This research uses a normative juridical legal method using a statutory and conceptual approach. Data processing uses inductive techniques that describe the specifics of the Mukomuko traditional heritage in the study of Islamic law with a gender approach by Muhammad Husein. Data collection techniques are based on literature originating from previous research, which will later be analyzed by comparing the two inheritance studies. Data-gathering approaches rely on prior studies' literature, which will be analyzed by comparing the two inheritance studies. Research findings indicate that women benefit more economically from the Mukomuko custom's inheritance than men. In Mukomuko culture, the inheritance system gives priority to the maternal bloodline. According to Muhammad Hussein's gender perspective, it is important to note that this viewpoint does not align with Islamic law, as male body parts are not considered to be offered as gifts. As per Muhammad Hussein, the gender ratio is equal, with an even distribution of males and women. Muhammad Hussein's viewpoint demonstrates that Islam strongly values equality among all groups. The Quran unequivocally affirms the equality of all human beings in the eyes of Allah, with the sole distinguishing factor being their level of devotion

Reexamining Sadd Al-Źarī’ah in Contemporary Islamic Family Law: An Empirical Study on the Rationale for Delaying Marriage in Pringsewu Regency Evy Septiana Rachman; Laras Shesa; Siti Zulaikha; Qois Azizah Bin Has
Legitima : Jurnal Hukum Keluarga Islam Vol. 8 No. 2 (2026): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v8i2.9193

Purpose – This study is motivated by the growing phenomenon of “waithood” (marriage postponement), which, from the perspective of classical Islamic law, is often viewed as potentially harmful to society. This study aims to analyze the rationale behind marriage postponement in Pringsewu Regency and reexamine the concept of Sadd al-Źarī’ah within a more dynamic social context. Methods – This study employs a qualitative approach with an empirical-sociological focus. Primary data were collected through in-depth interviews with ten women aged 25–40 who consciously delayed marriage, as well as from the Damar Institute and IWAPI Pringsewu. Secondary data were derived from relevant documents, reports, and statistics. Analysis was conducted qualitatively through data reduction, data presentation, and drawing conclusions with interpretation using the Sadd al-Źarī’ah framework Findings – Marriage postponement is influenced by economic, educational, psychological, and sociocultural factors and reflects instrumental, reflective, and normative-contextual rationality. Postponement functions as a mechanism for partner selection and a strategy to ensure the quality of long-term relationships. The findings also indicate a shift in social norms that increasingly accept marriage postponement and the strengthening of women’s agency in determining the timing of marriage. Conceptually, delay is not always a means leading to harm (mafsadat), but can function as an effort to prevent greater risks, such as divorce, domestic disharmony, and unpreparedness to fulfill family roles. Research implications – These findings encourage strengthening premarital education, empowering women through education and economic opportunities, and developing religious approaches that are more adaptive to contemporary social dynamics.

Nomenklatur Program Studi Hukum Keluarga Islam dan Persepsi Masyarakat: Studi Empiris di Kabupaten Rejang Lebong Laras Shesa; Elkhairati; Gita Olviyani; Liddia Febi Agustin
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 7 No. 1 (2026): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v7i1.40976

Changes in the nomenclature of the Islamic Family Law Study Programme (HKI) at State Islamic Religious Universities are often assumed to affect the level of public understanding and interest in the study programme. This study aims to analyse public perceptions of the naming of the Islamic Family Law Study Programme and its implications for study interest in Rejang Lebong Regency. This study uses a descriptive quantitative approach with a survey method. Data were collected through questionnaires administered to 439 respondents from various social backgrounds and regions. The results show that the public's understanding of the name of the Islamic Family Law Study Program is moderate, with the majority of respondents aware of the existence and general characteristics of the study program, although they do not yet have a comprehensive understanding of the competencies of graduates and their career prospects. Empirical findings also show that the name of the study program does not have a significant effect on the decline in the number of new students, as evidenced by the stability and even increase in the number of applicants in the last academic year. This study concludes that the main factor influencing student interest is not the nomenclature of the study programme, but rather strategies to strengthen its academic image and socialise graduate competencies. Therefore, strengthening the brand image of the Islamic Family Law Study Programme is a strategic step in increasing its competitiveness and public trust.

Keabsahan Hibah kepada Anak Angkat yang Melampaui Sepertiga Harta dalam Perspektif Hukum Islam Suhibbullah; Laras Shesa; Ahmad Dibul
Kartika: Jurnal Studi Keislaman Vol. 6 No. 3 (2026): Kartika: Jurnal Studi Keislaman (August)
Publisher : Lembaga Pendidikan Tinggi Nahdlatul Ulama (LPT NU) PCNU Kabupaten Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59240/kjsk.v6i3.1191

Hibah (gift) is an instrument of Islamic law that allows the voluntary transfer of property ownership while the grantor is still alive, including to an adopted child who, under sharia, has no blood relation (nasab) or inheritance rights with his or her adoptive parents. The practice of granting a hibah exceeding one-third of the estatethe limit customarily applied to bequests (wasiat) was found in Pasar Lama Village, Lahat Subdistrict, South Sumatra Province, and carries the potential to create friction with the rights of legitimate heirs. This article analyzes this practice and the factors underlying it, and examines the perspectives of Islamic law, the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), and local religious leaders, through a descriptive qualitative approach designed as field research with a juridical-sociological perspective, employing interviews, observation, and documentation analyzed through source triangulation. The findings show that such gifts are driven by emotional closeness, the absence of biological children, and the collective consent of the family, which functions as a mechanism of social legitimacy. The views of religious leaders are divided between a protective paradigm that analogizes hibah to the limits of bequests, and a flexible paradigm that emphasizes the property owner's full discretion (tasarruf). This study concludes that the validity of a hibah exceeding one-third of the estate depends not merely on its amount, but on whether it fulfills the principles of justice, benefit (maslahah), and heirs' consent, in accordance with Article 210 of the KHI, and it recommends strengthening Islamic family law literacy and orderly documentation of gifts to prevent future family disputes

Flexibility of Rejang Semendo System in Modern Marriage Law: An Islamic‑Law Analysis Laras Shesa; Jalaluddin Jalaluddin; Harry Yuniardi; Muhamad Kholid; Henny Septia Utami
Jurnal Ilmiah Al-Syir'ah Vol 23, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i2.3595

The Semendo constitute an indigenous ethnic group in South Sumatra, Indonesia. This research aims to analyze the flexibility of the Semendo system in Rejang customary law and its conformity with the principles of Islamic law, particularly within the framework of maqāṣid al-syarī'ah. This study employs a normative-juridical method, utilizing a conceptual and comparative approach to analyze customary norms, Islamic legal principles, and national marriage law provisions. The findings indicate that the Semendo system, particularly the Semendo Rajo-Rajo model, demonstrates a significant accommodating character towards the values of justice, equality of rights, and the protection of property and lineage, which are integral parts of maqāṣid al-syarī'ah. Its flexibility allows it to function as a contextual and adaptive alternative model of marriage law. In conclusion, the integration of customary law values and Islamic law in the Semendo system provides a strong foundation for a more inclusive and culturally rooted reformulation of national marriage law in Indonesia. This study contributes to the scientific discourse by offering a methodological framework for harmonizing local wisdom with Islamic legal principles, which can be applied to the study of other customary law systems across the archipelago. Furthermore, it provides an academic foundation for the future development of a more pluralistic and context-sensitive national marriage law.

Beyond the Radicalism Narrative: Reconstructing Islamic Political Moderation through Shafi'i Jurisprudence in Indonesia Muhammad Abu Dzar; Laras Shesa; Miftahuddin; Mochamad Syaefudin; Nur Solikin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i2.16354

The association of Islamic politics with radicalism has become a dominant narrative in contemporary discussions on religion and politics in Indonesia. Existing studies have largely focused on radical movements, religious extremism, and political Islam. At the same time, insufficient attention has been given to the intellectual traditions that have historically shaped moderate Islamic political engagement. This study examines how Shafi'i jurisprudence provides a normative and adaptive framework for political moderation and explores its relevance in challenging radicalism-centered interpretations of Islamic politics. Using qualitative library research, the study analyzes classical Shafi'i political texts, particularly the works of al-Mawardi, al-Juwaynī, and al-Ghazālī, alongside the historical experiences of Hasyim Asy'ari, Mohammad Natsir, and Nahdlatul Ulama in negotiating the relationship between Islam, politics, and the nation-state. The findings reveal that political moderation in the Shafi'i tradition is constructed through five interconnected principles: public welfare (maṣlaḥah), consultation (shūrā), preservation of social order (ḥifẓ al-niẓām), legal realism, and public accountability. These principles enable a flexible and context-sensitive approach to governance, allowing Indonesian Muslim scholars to selectively adapt classical doctrines while rejecting elements incompatible with democratic pluralism. The study argues that the Indonesian experience demonstrates an adaptive model of Shafi'i political thought that reconciles Islamic normative commitments with constitutionalism, democracy, and national unity. This article contributes to the literature by proposing Adaptive Shafi'i Political Theory, a theoretical framework introduced in this study, to explain how classical Shafi'i political principles are selectively adapted to support constitutionalism, democracy, and national unity beyond the dominant radicalism narrative.

Maslahah Analysis On The Value Of Gender Equality In The Empowerment Of Women's Rights In Indonesian Legal Rules Harry Yuniardi; Laras Shesa
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.13024

The purpose of this research is to answer how to analyze the value of gender equality in the empowerment of women's rights in Indonesian legal rules. The research method used in this study is a qualitative research method with the measuring point of the problem is the Indonesian legal rule regarding women's rights that have elements of gender equality. This research is descriptive because the data collected is in the form of texts, words or descriptions derived from literature and literature studies. By analyzing laws and regulations, related to women's empowerment and protection rights. The results of the research found are that so far positive legal rules in Indonesia already have a gender equality value, as can be seen from several women's rights that have been accommodated by several laws such as political rights, legal rights, rights to protection in the world of work and so on. The maslahah seen in the above findings is maslahah mursalah, on the grounds that these regulations are not contrary to the sharia'. The benefits for women in Indonesia's positive rules whose existence is not supported by sharia and is not canceled or rejected by sharia through detailed evidence. However, it is supported by a collection of meanings from the Qur'an and hadith.

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