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All Journal USRAH: Jurnal Hukum Keluarga Islam Al-Bayyinah
Erzy Aurelia Maharani
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.
Wife's Consent as a Valid Condition for Reconciliation: A Juridical Study of Articles 164 and 165 of the Compilation of Islamic Law Yusri L; Ismail Aris; Anisa Sri Fadila; Melani Putri; Erzy Aurelia Maharani
Al-Bayyinah Vol. 9 No. 1 (2025): 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.v9i1.8692

Abstract

This research discusses the issue of a wife's consent as a valid requirement for reconciliation (a legal study on Articles 164 and 165 of the Compilation of Islamic Law). It aims to determine the rights of a wife in reconciliation based on the Compilation of Islamic Law and the Islamic legal perspective on the position of a wife's consent rights in reconciliation as a valid requirement for reconciliation. To gather data on this issue, library research was conducted. The data obtained were analyzed using inductive, deductive, and comparative methods. Furthermore, a juridical-normative and juridical-theological approach was used in analyzing the data. In Islamic law, the authority to reconcile is an absolute right of the husband during the iddah period. Meanwhile, the Compilation of Islamic Law implicitly states that the consent and approval of the wife are valid requirements for reconciliation; in other words, it may be declared invalid by a ruling from the Religious Court. The text regarding the wife's rights in reconciliation, as outlined in the Compilation of Islamic Law, has a contextual meaning that enables the wife to access administrative benefits, guarantees, and legal protection from the state. Because the state only serves and recognizes the event of reconciliation if there is an authentic document in the form of a Marriage Certificate Extract. It does not annul the lawful reconciliation according to Islamic law. On the contrary, the existence of principles in Islamic law actually emphasizes the need to achieve public welfare and to reject or prevent anything that has the potential to cause harm.
Co-Authors Anisa Sri Fadila Hafilah Ramadani Ismail Aris Melani Putri Rika Afrinia Wulandari Syam Ruslan Sangaji Widia Astuti Yusri L