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All Journal Syakhshiyyah Jurnal Hukum Keluarga Islam
Tubagus Farhan Maulana
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Tinjauan Yuridis Kafaah dalam Perkawinan Antar Negara: Internalisasi dalam Ius Constituendum Rayhan Gunawan Sejahtera; Tubagus Farhan Maulana
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/bwv6m166

Abstract

This study aims to analyze the concept of kafaah in Islamic law and its relevance to the fundamental values of the Indonesian state within the context of positive law. The research highlights the challenges in implementing the principle of kafaah in transnational marriages, with comparative insights from several Islamic countries. A qualitative approach based on juridical-normative methods was employed to explore how kafaah can be internalized within the national legal system without disregarding the diversity of customs and cultural traditions in Indonesian society. The findings indicate that although kafaah is not explicitly regulated in Law No. 1 of 1974 on Marriage, the principle remains relevant as a guideline for fostering harmony within the family. In Indonesia, the application of kafaah can be aligned with the values of Pancasila, which uphold justice, equality, and tolerance. The study concludes that the internalization of kafaah into Indonesia's positive law requires a comprehensive approach encompassing philosophical, sociological, and juridical dimensions. This approach is expected to address contemporary needs and establish a legal system that supports family harmony in accordance with Islamic and Indonesian values.
Hubungan Hukum Keluarga Islam dengan Isu Hak Anak dan Pencatatan Perkawinan di Malaysia Tubagus Farhan Maulana
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/wpzqy564

Abstract

This study investigates the interplay between Islamic family law, children's rights, and marriage registration in Malaysia. As a Muslim-majority country, Malaysia's Islamic family law—primarily based on the Shafi'i school—has developed under the dual influences of British colonial legacy and legal modernization. The research traces the historical evolution of Islamic family law, highlighting the roles of local customs, legal codification, and its integration with the Common Law system. Although marriage registration is legally required, the validity of marriage is determined by Islamic principles rather than state procedures. Children's rights, governed by the Child Act 2001, encompass issues of custody, maintenance, and protection from abuse. Institutions such as the Family Support Division play a pivotal role in enforcing court-ordered support for children and ex-wives. The findings reveal that despite ongoing reforms, tensions persist in aligning Islamic family law with Malaysia's broader legal framework. A balanced approach that harmonizes Islamic values with contemporary legal standards is essential for safeguarding children's rights and ensuring effective marriage governance, positioning Islamic family law as a dynamic and responsive legal instrument.
Tinjauan Yuridis terhadap Implementasi Nafkah dan Kebijakan Poligami dalam Hukum Keluarga Islam: Studi Perbandingan Indonesia dan Thailand Nafiah Wachidlatul Jannah; Tubagus Farhan Maulana; Muhammad Ilham Barizi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/zeepnr83

Abstract

This study provides a juridical analysis of financial support obligations and polygamy policies in Indonesia and Thailand. In Islamic law, providing financial support (nafkah) is a fundamental obligation of the husband toward his wife and children, as prescribed in the Qur’an and Hadith. While both countries recognize Islamic legal principles, they apply distinct legal frameworks in implementing rules on financial support and regulating polygamy. In Indonesia, marriage is governed by Law No. 1 of 1974 and the Compilation of Islamic Law, which imposes strict limitations on polygamy and clearly defines household financial responsibilities. In contrast, Muslim communities in southern Thailand have legal autonomy to apply Islamic family law, including provisions on marriage and financial obligations. This study adopts a normative juridical method and a comparative legal approach to assess the effectiveness of each legal system and its impact on women's rights within marriage. The findings reveal that, despite shared Islamic foundations, significant differences exist in the mechanisms for resolving disputes concerning financial support and polygamy. These differences are primarily shaped by the respective national legal structures and state-religion relations in each country.
Co-Authors Muhammad Ilham Barizi Nafiah Wachidlatul Jannah Rayhan Gunawan Sejahtera