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All Journal USRAH: Jurnal Hukum Keluarga Islam Al-Mujtahid: Journal of Islamic Family Law
Muhamad Mustahal
Institut Agama Islam An-nawawi Purworejo
Religion Law, Crime, Criminology & Criminal Justice

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PENGESAHAN ANAK ZINA MENURUT PUTUSAN MAHKAMAH KONSTITUSI DALAM PERSPEKTIF MAQASHID SYARIAH Hamdah Faridah; Muhamad Mustahal; Fathudin
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/aqvsdf30

Abstract

Constitutional Court Decision Number 46/PUU-VIII/2010 is the state's legal response to the need for legal protection for children born out of wedlock. This decision expands the civil relationship between illegitimate children and their biological fathers based on scientific evidence, without being intended as a validation of Islamic lineage. This study aims to analyze the legal implications of this decision in the national legal system and examine it through the perspective of Maqashid Syariah, specifically the balance between the protection of the child's life and rights (hifz al-nafs) and the protection of descendants (hifz al-nasl). The method used is normative legal research with a statutory and conceptual approach, accompanied by an analysis of the ratio decidendi of the Constitutional Court decision. The results of the study indicate that the expansion of civil relationships is a form of legal responsibility of biological fathers and is not identical to the determination of lineage in Islamic law. Through the Maqashid Syariah approach, this decision can be understood as a state legal ijtihad to protect children's rights without violating the basic principles of Islamic lineage..
Camouflaged Marriage Annulment: Harmonizing Al-Juwainī’s Fiqh and Religious Court Jurisprudence Lana Aufa Izza Muhammad; Fitrohtul Khasanah; Najih Abqori; Muhamad Mustahal; Mohammad Chaedar
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.3909

Abstract

Camouflaged marriage annulment raises an important issue in contemporary Islamic family law because a marriage contract may appear formally valid while being used to conceal motives that contradict the purposes of marriage. This study examines how Imam Al-Juwainī’s thought on intention, honesty, and contractual validity can be harmonized with the jurisprudence of the Religious Court in marriage annulment cases. It focuses on Purworejo Religious Court Decision No. 157/Pdt.G/2024/PA.PWR. Using a qualitative method with a normative-empirical approach, this study combines textual analysis of Al-Juwainī’s Nihāyat al-Maṭlab with document analysis of court decisions and relevant Indonesian marriage law. The findings show that, in Al-Juwainī’s legal reasoning, the validity of a marriage contract depends not only on formal pillars and conditions, but also on the conformity of intention with maqāṣid al-nikāḥ. A concealed intention that defeats the purpose of marriage may therefore undermine the legitimacy of the contract. The court decision similarly treats deception, honesty, and the sacred purpose of marriage as central grounds for annulment. This study argues that classical fiqh and contemporary Religious Court jurisprudence can converge to protect substantive justice and preserve the moral objectives of marriage in Islamic family law.
Co-Authors Fathudin Fitrohtul Khasanah Hamdah Faridah Lana Aufa Izza Muhammad Mohammad Chaedar Najih Abqori