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All Journal USRAH: Jurnal Hukum Keluarga Islam Al-Bayyinah
Widia Astuti
Institut Agama Islam Negeri Bone
Religion Law, Crime, Criminology & Criminal Justice

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THE CONCEPT OF FIVE BREASTFEEDING IN DETERMINING MAHRAM RELATIONSHIPS AND ITS RELEVANCE IN THE MODERN ERA Widia Astuti; Ruslan Sangaji; Rika Afrinia Wulandari Syam; Hafilah Ramadani; Erzy Aurelia Maharani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/p7j8g863

Abstract

The formation of a mahram relationship through breastfeeding is a fundamental aspect of Islamic family law, carrying significant legal consequences, especially in relation to marital restrictions. This study aims to explore the notion of five instances of breastfeeding as a condition for establishing a mahram bond from a fiqh-based perspective and to assess its applicability in contemporary society. A combination of normative and sociological legal approaches is employed, utilizing a literature-based method that examines classical fiqh sources, Indonesian legal frameworks, and scholarly publications. The findings indicate that although the concept of five breastfeeding instances is broadly accepted among Islamic Mazhab, its practical application in modern settings remains complex, particularly regarding documentation and legal verification. Thus, a comprehensive legal framework that harmonizes Shariah principles with national legal systems is essential to ensure the legal clarity of breastfeeding-based mahram relationships, while also safeguarding lineage, marital regulations, and core family values.
Reasons for Wives’ Refusal to Fulfill Their Husbands’ Biological Needs in Awangpone Subdistrict: Perspectives from Islamic Law and Positive Law: bahasa inggris Widia Astuti; Syahabuddin; Ruslan; Nursyirwan; Widya Astika Putri
Al-Bayyinah Vol. 10 No. 1 (2026): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v10i1.11469

Abstract

This study aims to analyze the factors causing wives to refuse their husbands' requests for marital sex in Bone Regency and to examine this phenomenon from the perspectives of Islamic and positive law. The novelty of this research lies in its integrative approach, combining empirical societal findings with the normative analysis of both legal frameworks regarding marital obligations. Utilizing a qualitative method, this study employs case study, normative-legal, empirical-legal, and normative-theological approaches. Data were gathered through interviews with married couples in Cakke Bone Village, the village head, the head of the Awangpone Religious Affairs Office, and the registrar of the Watampone Class IA Religious Court. The results indicate that wives' sexual refusal stems from laziness, exhaustion from domestic chores, work fatigue, drowsiness, contraceptive side effects, age, length of marriage, and arranged marriage. Husbands reacted with anger, disappointment, resentment, silence, distancing, or patience. From an Islamic law perspective, such refusals without valid sharia-compliant reasons (such as menstruation, postpartum, or illness) constitute nusyūz. Meanwhile, under positive law, this refusal disrupts marital rights and obligations, potentially serving as grounds for divorce.
Co-Authors Erzy Aurelia Maharani Hafilah Ramadani Nursyirwan Rika Afrinia Wulandari Syam Ruslan Ruslan Sangaji Syahabuddin Widya Astika Putri