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All Journal Jurnal Kajian Pembaruan Hukum Mawaddah: Jurnal Hukum Keluarga Islam An-nisa: Journal of Islamic Family Law
Nizam, Sadida
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Religion Law, Crime, Criminology & Criminal Justice Other

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The Conflict Between the Sebambangan Marriage Tradition of the Indigenous Lampung Community and the Implementation of Premarital Course Regulations Nizam, Nabil; Fitri Maulina Alviani; Nizam, Sadida
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.v3i1.286

Abstract

The premarital course is a government-initiated program aimed at preparing prospective couples to establish harmonious, loving, and compassionate families (sakinah, mawaddah, warahmah), and to reduce divorce rates in Indonesia. Regulated by the Decree of the Director General of Islamic Community Guidance No. DJ.II/542 of 2013, the Office of Religious Affairs (KUA) is mandated to provide a 16-hour premarital course before the marriage contract. However, implementation in areas with strong local traditions presents specific challenges. This study investigates the implementation of the premarital course within the indigenous Lampung community in Marga Tiga District, where the traditional practice of sebambangan—a secretive elopement of the bride to the groom's house—still occurs. This tradition prohibits the bride from leaving her home before the wedding, hindering in-person participation in the course. Employing an empirical normative legal research method with a qualitative approach, data were gathered through field observations and interviews with KUA officials, traditional leaders, and prospective couples. The findings reveal that the implementation of the premarital course remains suboptimal due to cultural constraints, limited access, and a lack of alternative dissemination methods tailored to local conditions. The study suggests the need for innovative solutions, such as online platforms or home-accessible media, to enhance the accessibility and effectiveness of premarital education among indigenous communities.
Reconstructing Population Law for ‎Transsexual Status Change Based on ‎Humanitarian Values Darojat, Tawakal Akbar; Nizam, Sadida; Nizam, Nabil
Jurnal Kajian Pembaruan Hukum Vol. 5 No. 1 (2025): January-June 2025
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v5i1.53691

Abstract

Gender change regulations in Indonesia present complex legal and social challenges that require thorough examination to ensure protection and recognition of individual rights. This study aims to describe and analyse the ratio legis of the legal provisions regarding gender change from the perspective of Indonesian legislation, as well as to identify and analyse the relevance of these provisions to Werner Menski’s legal pluralism triangle concept. The research employs normative legal methods using statutory, philosophical, and conceptual approaches. Data collection is conducted through literature studies on laws and regulations, legal literature, and court decisions related to gender change. The results indicate that the ratio legis of gender change provisions reflects the state’s effort to protect and recognise the personal and legal status of every citizen. However, these provisions have not yet shown strong relevance to Werner Menski’s legal pluralism triangle concept, particularly regarding the legal protection of transgender individuals whose petitions for gender status changes have been rejected by the courts. The conclusion emphasises the need to adjust national legal norms to better respond to the complex moral, social, and cultural issues arising in a globalised society.  
Islam as a Condition for Waqf: Dialectics of Classical Fiqh and Indonesian Waqf Law in a Pluralistic Society Abdullah, Hilmi Marwa; Usman, Musyafi; Nizam, Sadida; Bilal, Muhammad
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.472

Abstract

Waqf plays a strategic role in strengthening the Islamic economy and promoting social welfare. However, scholarly debate persists regarding whether being Muslim constitutes a substantive legal requirement for a waqif, particularly within Indonesia’s pluralistic socio-legal context. Existing studies largely focus on administrative or economic aspects of waqf, while the normative tension between classical Islamic jurisprudence and Indonesian positive law on the religious status of the waqif remains underexplored. This study aims to address this gap by critically examining the requirement of Islamic faith for waqif from the perspectives of Islamic jurisprudence and Indonesian waqf law. Employing a qualitative normative-juridical method, the research analyzes classical and contemporary fiqh sources from the four Sunni schools (Ḥanafī, Mālikī, Syāfi‘ī, and Ḥanbalī), alongside national regulations, particularly Law No. 41 of 2004 on Waqf and Government Regulation No. 42 of 2006. The findings demonstrate that, within Islamic jurisprudence, being Muslim is not an absolute prerequisite for the validity of waqf, except when the object of waqf is directly related to ritual worship, such as mosques. The Ḥanafī, Syāfi‘ī, and Ḥanbalī schools emphasize legal capacity (ahliyyah al-taṣarruf), ownership, and lawful objectives as determining factors of validity. Similarly, Indonesian waqf law does not impose religious restrictions on waqif, provided that the waqf serves public benefit and does not contradict sharia principles. This study contributes to the discourse on waqf law by demonstrating that the requirement of Islam for waqif functions as a contextual moral and spiritual value rather than a rigid juridical condition, thereby highlighting a normative convergence between classical fiqh and national law in prioritizing social justice and public welfare.
Co-Authors Abdullah, Hilmi Marwa Bilal, Muhammad Darojat, Tawakal Akbar Fitri Maulina Alviani Nizam, Nabil Usman, Musyafi