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All Journal VRISPRAAK, International Journal of Law JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Nur Aula Yazid
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice

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OPTIMALISASI IMPLEMENTASI KOMPILASI HUKUM ISLAM DALAM KASUS PERCERAIAN, NAFKAH, DAN HAK ANAK: TANTANGAN DAN RELEVANSI DENGAN MAQASHID SYARIAH Sirojuddin, Mohammad; Hudi Hidayat; Nur Aula Yazid
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 4 No. 2 (2025): Mei 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

The Compilation of Islamic Law has served as the primary reference for resolving family law cases in Indonesia’s religious courts, particularly those concerning divorce, alimony, and children's rights. However, its practical implementation still faces both structural and substantive challenges that affect the protection of vulnerable parties post-divorce and hinder the optimal realization of justice principles in judicial decisions. This study aims to analyze the obstacles in the implementation of the Compilation of Islamic Law in family cases and evaluate its relevance to the principles of Maqāṣid al-Sharīʿah as a normative approach that ensures public welfare (maṣlaḥah) and substantive justice. Employing a literature review method with a narrative approach, this research uses secondary data obtained from legal documents, academic journals, and religious court rulings, analyzed through content and thematic analysis techniques. The main findings reveal that the implementation of the Compilation of Islamic Law remains largely formalistic and does not fully reflect the core values of Maqāṣid al-Sharīʿah, such as the protection of life, lineage, and property. Furthermore, the absence of systematic integration of maqāṣid principles in judicial reasoning has led to inconsistencies in the application of maṣlaḥah-based justice, particularly in cases involving alimony and child custody. This article offers a theoretical contribution by reinforcing the conceptual framework of Maqāṣid al-Sharīʿah in the reformulation of Islamic family law in Indonesia, and provides strategic recommendations for strengthening legal norms and judicial practices that are more contextual and socially responsive.
Divisi Nafkah, Qiwamah, and Gender in Islamic Family Law: Between Patriarchal Construction and Egalitarian Reconstruction Nur Aula Yazid
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/r82q5c38

Abstract

The concepts of nafkah (spousal financial maintenance) and qiwamah (male guardianship) stand as the two most contested pillars of Islamic family law, occupying the intersection between centuries-old jurisprudential tradition and contemporary demands for gender justice. This article examines the classical construction of nafkah and qiwamah in Islamic jurisprudence and their codification in Indonesian positive law the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) and the Marriage Law No. 1 of 1974 before analyzing the growing body of gender-critical scholarship that challenges their patriarchal underpinnings. Drawing on a qualitative-normative methodology with a comparative and gender-analytical approach, this study synthesizes recent academic literature (2018–2025) alongside primary sources including Qur’anic texts, classical fiqh manuals, and contemporary fatwas. The findings reveal that traditional nafkah which assigns exclusive financial responsibility to the husband and qiwamah which legitimizes singular male leadership are facing fundamental challenges from gender-sensitive interpretive frameworks. Reconstructive paradigms grounded in mub?dalah (reciprocity), maq??id al-shar?‘ah (higher objectives of Islamic law), and principles of substantive equality offer a compelling alternative in which nafkah is understood as a shared, capacity-based responsibility and qiwamah is reconceptualized as functional, consultative co-leadership. This article argues that responsive ijtih?d and fatwa issuance attentive to modern social realities, human rights norms, and the spirit of Islamic justice are essential for reforming Islamic family law in ways that are both authentically Islamic and genuinely equitable.
Co-Authors Hudi Hidayat Mohammad Sirojuddin, Mohammad