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All Journal Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Al-Mujtahid: Journal of Islamic Family Law
Syafitri, Anesia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Poligami dan Penguatan Hak-hak Perempuan (Reformasi Hukum Keluarga Islam di Mesir dan Indonesia) Amri, Aulil; Syafitri, Anesia; Trisna, Albirra; Qanita; Fahri, Said
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46163

Abstract

One of the reasons for changing family law in the Islamic world is to enhance the rights of women, who often face discrimination. This change is connected to its historical background and the madhhab (interpretation) embraced by the governing body. Egypt first made adjustments to family law with Law No. 25 in 1920 and again in 1929. A key aspect that was modified in both nations was polygamy. In Indonesia, the initial adjustment to family law occurred with the Marriage Law of 1974, which was backed by the KHI. While both nations permit polygamy, it is governed by specific criteria that a husband must fulfill to engage in this practice. The objective of this research is to examine the reforms of Islamic family law in Egypt and Indonesia concerning the enhancement of women's rights, especially in relation to polygamy, and to assess how these reforms have influenced the status of women in society. This analysis employs a normative legal research methodology, utilizing a framework that combines Islamic law with positive law evaluation. Data for this research was collected through literature reviews and an examination of Islamic family law documents from Egypt and Indonesia. Findings from the study indicate that reforms in Islamic family law in both Egypt and Indonesia have resulted in meaningful advancements in supporting women's rights. In Egypt, legislation that has made polygamy requirements stricter and granted wives the privilege to initiate divorce has improved the safeguarding of women's rights. In Indonesia, the Marriage Law affecting polygamy has similarly empowered wives with the ability to seek divorce and has tightened the criteria for polygamy. Nevertheless, this research also identifies that the enforcement of these laws remains inadequate, and a significant barrier continues to be the lack of public understanding regarding women’s rights.
Reconstructing the Minangkabau Customary Prohibition of Intra-Clan Marriage: An Analysis Through Fazlur Rahman’s Double Movement Theory Syafitri, Anesia; Amri, Ulil; Fithria, Nurul
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3829

Abstract

This article examines the reconstruction of the Minangkabau customary prohibition of intra-clan marriage (perkawinan sesuku) through Fazlur Rahman’s double movement theory. Historically, the ban served to safeguard the integrity of the matrilineal line, reduce conflict among clans, and preserve social stability within a tightly knit communal order. In contemporary Minangkabau society, however, accelerated migration, urbanization, and higher levels of education have created new marriage patterns and shifted value orientations, so the absolute character of this norm is increasingly questioned, particularly because it lacks explicit textual support in Islamic law. Using qualitative, library-based research, the study first identifies the Qur’anic moral principles governing marriage, kinship limits, and the protection of family honor, then rereads the Minangkabau prohibition as a form of local custom (‘urf) in light of these principles. The analysis shows that the rule can be reformulated from a rigid sacral prohibition into a flexible ethical guideline that still protects lineage (hifz al nasl) and social dignity (hifz al ird), while giving greater recognition to individual rights and contemporary social realities. The article proposes a model of normative reconstruction that places family consultation, genealogical mapping, and communal consensus at the center of decision making, so that the relationship between Islamic law and Minangkabau custom develops toward a more dialogical and context-sensitive harmony.
Co-Authors Amri, Aulil Fahri, Said Fithria, Nurul Qanita Trisna, Albirra Ulil Amri