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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Taruna Law Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues
Afadi, Ahmad Alfin
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Childfree Choice Dalam Perspektif Ulama’ Klasik dan Ulama’ Kontemporer Adi, Rudi; Afadi, Alfin
Taruna Law: Journal of Law and Syariah Vol. 1 No. 01 (2023): Taruna Law: Journal of Law and Syariah
Publisher : Sekolah Tinggi Agama Islam Taruna Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54298/tarunalaw.v1i01.73

Abstract

Childfree is a term for people who agree to decide not to have children. The term childfree can be defined as a view of a husband and wife who decide not to have children. The decision to choose childfree in household life cannot be separated from the role of husband and wife. The method used in this study is qualitative, with a comparative approach, namely comparing two points of view, namely according to classical and contemporary Islamic scholars. While the type of research used is Library Research, in the sense that all data sources come from written materials related to the topics discussed. The results of the study show that classical scholars do not forbid married couples who agree not to have children (offspring). Because this is confirmed by 'Azl whose law is permitted by Imam Ghazali, contemporary scholars also allow it if husband and wife agree because of certain benefits. So childfree is not included in the prohibited acts, because every married couple has the right to plan and manage household life including having children.
HUKUM MENIKAHKAN ANAK PEREMPUAN DENGAN ORANG YANG TIDAK DIINGINKAN MENURUT SYAIKH ALI JUM'AH Afadi, Ahmad Alfin
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 4 No 2 (2024): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v4i2.838

Abstract

This article is about parents forcing their children to marry unwanted people reflects the need to protect individual rights and ensure a healthy marriage relationship. This article discusses the law of parents who marry their children to people who are not wanted from the point of view of the Mufti of Egypt, Sheikh Ali Jum'ah. This article uses qualitative research methods with the primary source of book al-Bayān limā Yusghilu al-Adzhān by Sheikh Ali Jum'ah. Marriages built on love and family agreement between two individuals have the potential to create strong and sustainable bonds. Conversely, coercion in marriage can damage the dynamics of the relationship, hurt the psychological and emotional well-being of children, and cause conflict in the family. Therefore, Shaykh Ali Jum'ah is firm in prohibiting all forms of coercion on children to marry those he does not want; parents only have the right to direct, not determine, the life partner of their children. This article is expected to answer the problems that occur in the community so that people understand that children have the right to choose their life partner.
Islamic Family Law Review of Contemporary Dowry: Case Study of Mosque Dowry in Indonesian Artist Marriages Afadi, Ahmad Alfin; Halim, Abdul; Muhammad, Amar
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 2 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no2.3779

Abstract

The phenomenon of mosque dowry in Indonesian celebrity marriages, with the aim of exploring its validity according to Islamic family law. Dowry, as an essential component in marriage and a symbol of appreciation, has evolved in form, giving rise to mosque dowry, which raises significant questions regarding its legal status. This study uses a case study method with data sources from Islamic scholars' books, interviews with experts, and social media; this study found that mosques must have waqf status, making them unable to be traded, donated, or inherited. This finding is consistent with the legal principle of dowry agreed upon by most scholars of the four schools of thought, namely that the dowry must be in the form of objects that can be traded. Therefore, the mosque dowry is declared invalid. This conclusion is also in line with the opinion of the Chairman of the Fatwa Commission of the Indonesian Ulema Council of East Java, who emphasized the invalidity of the mosque dowry so that the consequence is the obligation to pay a mitsli dowry. However, the marriage remains valid because scholars argue that the dowry is not a condition or pillar of marriage. This study provides critical insight into the implementation of waqf law and Islamic family law in the context of contemporary marriage practices in Indonesia.
Co-Authors A Halim Adi, Rudi Muhammad, Amar