Hayatusyifa, Noor Fadillah
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Reform and Codification of Islamic Family Law in Turkey: From The Ottoman Law of Family Rights to the Turkish Civil Code of 1926 Zikry Rahmatillah; Alrawasdeh, Ziyad; Tarmizi, Rahmat; Amri, Aulil; Hayatusyifa, Noor Fadillah; Liza, Firli Jundy; Lizawati, Nur
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.246

Abstract

The reform of Islamic family law is a strategic issue in response to social, cultural, and legal justice changes in Muslim countries. Turkey became one of the most prominent examples of radical reforms to its family law through the transition from the fiqh system of the Hanafi school of fiqh and The Ottoman Law of Family Rights (1917) to the Turkish Civil Code (1926) which adopted the Swiss Civil Code and affirmed the separation between religion and state. This study aims to analyze the process of reform and codification of Islamic family law in Turkey and its implications for the structure and substance of family law. The research method used is qualitative descriptive with a literature review approach to books, scientific articles, and relevant laws and regulations. The results show that family law reform in Turkey has led to fundamental changes, including the prohibition of polygamy, the equality of the rights of men and women in divorce and inheritance, and the strengthening of legal protection for women and children within the framework of secular civil law. These findings show that the reform of family law in Turkey is a form of adaptation of Islamic law to the modern state system without completely negating Islamic moral values. Based on these results, this study recommends that Muslim countries that carry out family law reforms consider a contextual and gradual approach, while maintaining a balance between the principles of justice, protection of human rights, and Islamic values that live in society.
Children’s Rights Fulfillment in Families of Female Migrant Workers: An Islamic Law Perspective from Aceh Tenggara Hayatusyifa, Noor Fadillah; M. Yunus, Fakhrurrazi; Amri, Aulil; Genovés, Manuel Beltrán; Mohammad Nasir, Nur Syahirah Binti
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.496

Abstract

The increasing participation of women as migrant workers has created complex socio-legal consequences within family structures, particularly concerning the fulfillment of children's rights. While economic remittances from female migrant workers contribute to improving household welfare, the prolonged physical absence of mothers raises critical concerns regarding parenting, emotional attachment, and moral development of children. Existing studies largely focus on the economic benefits of labor migration, while limited attention has been given to the holistic fulfillment of children's rights from an Islamic legal perspective. This study aims to examine the fulfillment of children's rights in families of female migrant workers in Bukit Tusam District, Southeast Aceh Regency, and to analyze the issue through the framework of Islamic law. The research employs an empirical qualitative approach through field research, with data collected via in-depth interviews, observation, and documentation involving female migrant worker families, substitute caregivers, and community stakeholders. The findings indicate that children's economic and formal educational rights are relatively fulfilled through remittances and continued access to schooling. However, the rights related to parental care, emotional support, and moral-religious guidance are often inadequately addressed due to the absence of maternal caregiving. From the perspective of Islamic law, the fulfillment of children's rights requires a holistic approach grounded in the principles of maqāṣid al-sharīʿah, particularly the protection of lineage, intellect, and welfare. This study contributes to the discourse on Islamic family law by emphasizing the need for integrative policies and community-based support systems to ensure the comprehensive protection of children's rights in migrant worker families.