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All Journal TAZKIR: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Berajah Journal Journal of Family and Sharia
Rahmani, Ilham
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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PERLINDUNGAN HAK-HAK KELUARGA DALAM AL-QUR'AN: PERSPEKTIF ADVOKASI ISLAM Nazri Arif, Nurhilal; Rahmani, Ilham; Ismail, Hidayatullah
Berajah Journal Vol. 5 No. 1 (2025): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v5i1.576

Abstract

The family is the most fundamental social institution in society, serving as a place for the education of values, love, and protection (Nasaruddin Umar, 1999). However, in reality, many of the rights of family members are ignored or even violated. The Qur’an, as the primary source of Islamic teachings, places great emphasis on the protection of rights within the family, including those of husbands, wives, children, and other relatives (M. Quraish Shihab, 2002). This study aims to examine the concept of protecting family rights in the Qur'an through an Islamic advocacy approach, namely how these scientific values can be implemented in the context of modern social-humanitarian issues. The method used is library research with qualitative analysis of relevant Qur'anic verses and the views of classical and contemporary exegetes (Harun Nasution, 1985). The results of the study show that the Qur'an emphasises the principles of justice, compassion (rahmah), and social responsibility as the main foundations of family protection (Sayyid Qutb, 2000). In addition, Islamic advocacy plays an important role in fighting for and protecting these rights, whether through educational, social, or legal approaches. This study recommends the integration of Qur’anic values into family social advocacy to create family resilience and justice in contemporary Islamic society.
Dinamika Hukum Keluarga Islam Kontemporer di Indonesia: Tantangan dan Pembaruan Rahmani, Ilham; Akbarizan, Akbarizan; Nurcahaya, Nurcahaya
Tazkir: Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Vol 11, No 2 (2025)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/tazkir.v11i2.18409

Abstract

This study aims to analyze the dynamics of contemporary Islamic family law in Indonesia, with a focus on the historical evolution of the Religious Courts (PA), the Compilation of Islamic Law (KHI), and reforms such as Law Number 16 of 2019 concerning the age of marriage. The study also identifies the driving factors for social change renewal, the diversity of schools of thought, reformist thought (Muhammad Abduh, Munawir Syadzali), globalization, and human rights commitments (CEDAW, KKG), as well as challenges such as disparities in judicial decisions and textualist resistance. The research method is qualitative with a normative juridical approach and literature study, analyzing secondary data from classical/contemporary Islamic legal literature, regulations, court decisions, and fatwas of scholars through content analysis and deductive-inductive reasoning techniques. The results of the study show the evolution of Islamic family law from the ratification of the PA (Law 14/1970) to the KHI (Presidential Instruction 1/1991) and the reforms of the Reformasi era, which adopted takhayyur-talfiq for legal unification amidst the diversity of schools of thought. Reform faces obstacles such as different judges with different sentences, the failure of the Compilation of Islamic Law (CLDKHI), and conservative resistance, although breakthroughs such as raising the marriage age reflect the adaptation of the maqasid of sharia to modern issues (online unregistered marriages, digital domestic violence). Practical implications include recommendations for legislators, religious court judges, and the Religious Affairs Agency (Badilag) to harmonize sharia and human rights through maqasid-based training, community education, and contextual ijtihad to achieve gender justice and family protection.
Maqasid Syari’ah sebagai Landasan Reformasi Hukum Perceraian dan Hak Asuh Anak dalam Konteks Modern Rahmani, Ilham; Rahman Alwi
Journal of Family and Sharia Vol. 1 No. 2 (2025): Journal of Family and Sharia
Publisher : Athallah Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64845/jfs.v1i2.145

Abstract

Islamic family law reform, particularly in the areas of divorce and child custody, has become a crucial issue in line with the increasing divorce rate and demands for gender justice and child protection in the modern era. Family law practice is often still dominated by a textual-formal approach that is not fully responsive to social and humanitarian dynamics. This study aims to analyze the role of maqasid al-syari’ah as a philosophical and methodological foundation in the reform of divorce and child custody law. This study uses a qualitative approach with a normative-philosophical legal research method through a literature review of primary, secondary, and tertiary legal sources, which are analyzed using deductive and inductive content analysis techniques. The results show that maqāṣid al-syarī‘ah, particularly the principles of hifz al-din, hifz al-nafs, hifz al-nasl, and hifz al-‘aql, play a significant role in driving a paradigm shift in Islamic family law from textual legalism to substantive justice. The maqasid approach has proven capable of accommodating the protection of women’s and children’s rights and bridging the gap between sharia norms and modern social realities. The implications of this research confirm that maqāṣid al-syarī‘ah can serve as a normative and methodological basis for reforming regulations and practices of religious justice that are more humane, gender-just, and child-oriented in the context of contemporary Islamic family law.
Co-Authors Akbarizan Akbarizan Hidayatullah Ismail, Hidayatullah Nazri Arif, Nurhilal Nurcahaya, Nurcahaya Rahman Alwi