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All Journal Indonesian Journal of Shariah and Justice Indonesian Journal of Humanities and Social Sciences
Suharto, Mukhamad
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Religion Arts Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Pernikahan Dini: Respons Terhadap Masalah Dilematik Antara Fikih Otoriter atau Fikih Otoritatif Nur Kholis; Suharto, Mukhamad
JOM Vol 5 No 3 (2024): Indonesian Journal of Humanities and Social Sciences, September
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ijhass.v5i3.5820

Abstract

This research aims to unravel religious biases in the practice of early marriage in Indonesia and to strengthen Islamic Family Law literacy among the public. Despite the revision of the Marriage Law through Law No. 16/2019, early marriage remains widespread in Indonesia. One of the contributing factors is the community's religious understanding, rooted in authoritarian fiqh. Originally, fiqh represented a dynamic human interpretation of human problems, but it has transformed into an authoritarian understanding. This study employs a library research method, adopting a descriptive-analytic approach with a hermeneutic-negotiative framework, or progressive fiqh, as introduced by Khaled Abou El Fadl. The findings of this research reveal two key points: First, Islamic legal discourse should produce inclusive, progressive, and tolerant fiqh. Fiqh should be understood through diverse perspectives, refreshed hypotheses, and progressive legal reasoning. In contrast, authoritarianism in interpreting fiqh can stifle creativity and limit human engagement with Islamic law. Second, the government's program on Marriage Age Maturity can serve as a manifestation of the concept of "akil baligh" in authoritative Islamic law. Supported by premarital counseling programs, this can help ensure the realization of marriage objectives while preserving the overall aims of Islamic law.
RESACRALIZATION OF CHILD CUSTODY AFTER DIVORCE IN ISLAMIC FAMILY LAW: BETWEEN THE PRINCIPLE OF MAṢLAḤAH AND THE CO-PARENTING TREND Suharto, Mukhamad; Abdul Syakur Munawar, Kukun; Vitalia, Filda; Ilham, Muhammad Sadiq
Indonesian Journal of Shariah and Justice Vol. 5 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v5i2.207

Abstract

This article examines the resacralization of child custody (ḥaḍānah) in Islamic family law post-divorce, employing the principle of maṣlaḥah and the emerging global trend of co-parenting as complementary frameworks for reconstructing parental relations beyond marital dissolution. Classical Islamic jurisprudence tends to determine custody based on rigid biological and procedural norms, whereas contemporary social contexts increasingly acknowledge a child’s psychosocial and spiritual need for the presence of both parents. This study aims to explore how maṣlaḥah can serve as a normative basis to reformulate custody law in a child-centered and context-responsive manner, and to assess the potential incorporation of co-parenting within the Islamic legal system in Indonesia. Using a qualitative normative approach and analyses of religious court decisions, the findings suggest that restoring the sacred dimension of post-divorce parenting promotes not only spiritual values, but also expands justice for children. This research contributes to the development of progressive Islamic family law that prioritizes child welfare within both religious and legal paradigms.
Co-Authors Abdul Syakur Munawar, Kukun Ilham, Muhammad Sadiq Nur Kholis Vitalia, Filda