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All Journal Medina-Te : Jurnal Studi Islam TERAJU : Jurnal Syariah dan Hukum Borneo : Journal of Islamic Studies
Pertiwi, Endah Mustika
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Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Sejarah Pembaharuan Hukum Keluarga di Negara Islam Pertiwi, Endah Mustika; Syarifuddin; Murtadho Emzaed, Ali
TERAJU: Jurnal Syariah dan Hukum Vol 7 No 02 (2025)
Publisher : P3M dan Jurusan Syariah dan Ekonomi Bisnis Islam STAIN Sultan Abdurrahman Kepulauan Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35961/teraju.v7i02.2043

Abstract

Family law has a central role in the study of Islamic law because it is considered the starting point for understanding Islamic law. In the mid-20th century, reform and renewal occurred. This research aims to describe the history of family law that occurred in Islamic countries using normative research methods. Data collected through relevant document sources related to the history of family law. The results of this study are as follows: 1) Islamic countries are defined as countries that apply Islamic law purely and countries with the largest adherents of Islam; 2) Family law reform is divided into two categories: intra-doctrinal reform and extra-doctrinal reform; 3) Family law reform began in Turkey in the early 20th century, followed by Egypt, Iran, Syria, Pakistan and Indonesia.
VOLUNTARY CHILDLESS SEBAGAI PILIHAN TAHDID AL-NASL UNTUK MEWUJUDKAN KELUARGA BERENCANA DALAM PERSPEKTIF HILAH Pertiwi, Endah Mustika; Helim, Abdul
Borneo : Journal of Islamic Studies Vol. 5 No. 1 (2024): BORNEO: Journal of Islamic Studies
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/borneo.v5i1.3401

Abstract

The background of this study is the childfree phenomenon that has re-emerged in the public eye amidst the decline in the ideal age marriage rate and the still high rate of early marriage. This study describes the phenomenon of voluntary childlessness, or the absence of children as an option in the context of tahdid al-Nasl (birth control) to realize family planning, with a hilah perspective approach. The focus of the study is the application of hilah in the case of voluntary childless couples who assume that they have supported the family planning program with their willingness to live without children so that they are able to reduce the birth rate. This study is normative with a literature study approach to collect primary legal materials. The results of this study indicate that voluntary childlessness is included in the hilah ghair syar'iyyah, or cases that are not permitted; the practice of family planning is permitted in Islam, but there are terms and conditions for its implementation and the goals to be achieved.
The Urgency of Legal Pluralism in Addressing Early Marriage in Indonesia Pertiwi, Endah Mustika; Surya Sukti; Mustar
Medina-te : Jurnal Studi Islam Vol 21 No 1 (2025): Medina-Te: Jurnal Studi Islam
Publisher : Pascasarjana Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/medinate.v21i1.27710

Abstract

Legal pluralism lives in the midst of Indonesian society to this day, this condition is because Indonesian society still upholds customary norms and religious norms. This diversity has an impact on the benchmark for a person's maturity to enter into marriage. Each region has a different interpretation of the age and conditions for marriage. This research aims to see the urgency of legal pluralism to address the phenomenon of early marriage that still occurs due to various aspects of life. This research uses normative juridical method, which is a research method of principles and theories with data obtained from various data in the form of books, journals, documents, and relevant information to support the scientificity of this research. The results of this study are, 1) The high rate of early marriage is caused by hereditary conditions, low education, passive parents, and the influence of the local environment. 2) The urgency of legal pluralism is very important to address this phenomenon, because Indonesia is filled with three pillars of law, custom, religion, and law. In order to reach an agreement, legal pluralism is enforced.
Co-Authors Abdul Helim Murtadho Emzaed, Ali Mustar Surya Sukti Syarifuddin