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Eksistensi Wali Nikah: Analisis Terhadap Undang-Undang Hukum Keluarga Islam Indonesia dan Lebanon Nurfitriani; Wardatun, Atun; Indrawati Purnamasari, Teti
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i1.26081

Abstract

This study discusses the existence of marriage guardians from the perspective of Islamic family law by comparing the regulations in force in Indonesia and Lebanon. These two countries, although both adhere to Islamic law as the basis for regulating marriage, have fundamental differences in placing the role and position of marriage guardians. In Indonesia, the existence of a guardian is an absolute requirement in the implementation of a marriage contract as regulated in the Compilation of Islamic Law (KHI), while in Lebanon, which has a plural legal system and is segmented based on sects, there are variations in the application of guardian requirements depending on the school of thought adopted. This study uses a normative legal approach with a comparative analysis method to examine the similarities and differences in the concept of marriage guardians in the two countries. The results of the study show that these differences are influenced by the social, political background, and diversity of schools of thought recognized in their respective legal systems. This study is expected to contribute to the development of discourse on the harmonization of Islamic family law in a pluralistic global context.
Family Conflict as A Social Dynamic: An Analysis of Conflict Theory In The Perspective of Islamic Family Law azzam, Muazzam Khairi; Hamim, Khairul; Indrawati Purnamasari, Teti
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.431

Abstract

Conflict is an inseparable part of social dynamics. From a sociological perspective, conflict theory asserts that society is not a harmonious entity, but rather an arena of conflicting interests rife with inequality. Conflict is an inherent phenomenon in social life. Conflict theory, as an important perspective in sociology, emphasizes that society is not a harmonious space, but rather an arena of conflicting interests rife with inequality. This article aims to outline the nature of conflict theory, its basic assumptions, the key figures who developed it, and its relevance and critique in the contemporary social context. Using a literature review approach, this article provides a comprehensive overview of conflict as a social phenomenon that is not solely destructive but can also serve as a trigger for change and societal transformation. Furthermore, this study highlights the relevance of conflict theory from the perspective of Islamic family law. Several important issues such as polygamy, divorce, and inheritance distribution often give rise to tensions between classical Islamic jurisprudence norms and modern demands for gender equality. Thus, conflict theory can be an analytical instrument that helps understand the dynamics of social tensions as well as the legal challenges within contemporary Muslim families.