Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal El-Ahli : Jurnal Hukum Keluarga Islam IJoReSCo
Nisa', Kamilatun
Unknown Affiliation
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Digitalization in Islamic Family Law: an Opportunity or a Threat? Nafi, Khaiyyil Faizunan Nurun; Nisa', Kamilatun; Rohman, Ahmad Taufiqur
International Journal of Religion and Social Community Vol. 2 No. 2 (2024): September
Publisher : Postgraduate Program, State Islamic Institute (IAIN) Kediri, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/ijoresco.v2i2.3498

Abstract

This study examines how Islamic family law can adapt to the modern era without losing its core values. It also provides recommendations for more adaptive laws in response to contemporary developments. The modern world has undergone many changes in various aspects of life, including Islamic family law, which is governed by Sharia principles. New challenges posed by technology include child custody and personal data protection, divorce through digital platforms, and the validity of online marriage documents. Moreover, the spread of false information on social media can potentially disrupt court proceedings. This study uses normative research to analyze Islamic family law issues in the digital era. The main data sources consist of legal literature, statutory regulations, and official documents related to Islamic family law. Data collection techniques were carried out using literature studies, where researchers looked at and analyzed various relevant articles, scientific works and legal sources. The analysis is carried out by identifying and categorizing the normative challenges that have emerged due to advances in digital technology and assessing how Islamic family law rules adapt to these changes. Islamic family law can adapt to the modern era without losing its core values by following an approach that focuses on two important aspects: flexibility of Islamic legal principles and contextualized reinterpretation of social changes. Some of the ways to achieve this are the Maqasid al-Shariah Approach, Ijtihad (Reinterpretation), Fiqh Minority (Fiqh al-Aqalliyat), the Role of the State in Legislation and the Enforcement of Human Rights in Islamic Family Law.
Kekosongan Hukum dalam Pembagian Warisan 1:1 di Indonesia Perspektif Kesetaraan Gender Nisa', Kamilatun; Tohari , Moh. Ilham
El-Ahli : Jurnal Hukum Keluarga Islam Vol 6 No 2 (2025): EL-AHLI : Jurnal Hukum Keluarga Islam
Publisher : Program Studi Hukum Keluarga Islam Sekolah Tinggi Agama Islam Negeri Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/el-ahli.v6i2.2479

Abstract

This article examines the legal vacuum in Indonesia’s 1:1 inheritance distribution system, particularly regarding the division of inherited assets between male and female heirs within the framework of Islamic law. The provision in the Compilation of Islamic Law (KHI), which establishes a 2:1 ratio, presents challenges when juxtaposed with the principle of gender equality as guaranteed by the 1945 Constitution and international legal instruments such as CEDAW. This study adopts a normative juridical approach with conceptual and comparative methods. The primary data consist of statutory regulations, the KHI, and other legal instruments related to inheritance systems. The data are analyzed descriptively and analytically to assess written legal norms from the perspective of gender equality and justice. The findings indicate that inheritance distribution deeds issued by notaries, as well as judicial decisions granting voluntary equal distribution among heirs, lack standardization due to the absence of a national legal framework recognizing equal distribution as a normative legal principle. This gap results in disparities across jurisdictions and creates legal uncertainty for the public. Therefore, inheritance law reform is urgently needed to provide each community group with viable legal options, ensure the legal validity of family agreements in inheritance distribution, and accommodate principles of social justice that are responsive to contemporary developments.
Co-Authors Nafi, Khaiyyil Faizunan Nurun Rohman, Ahmad Taufiqur Tohari , Moh. Ilham