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All Journal The Indonesian Journal of Islamic Law and Civil Law EMPIRISMA: JURNAL PEMIKIRAN DAN KEBUDAYAAN ISLAM Journal of Islamic Economic and Law (JIEL)
Lina Nur Anisa
IAI Ngawi Jawa Timur
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The Impact of Zhihar on Women’s Rights in the Perspective of Gender Jurisprudence Lina Nur Anisa
The Indonesian Journal of Islamic Law and Civil Law Vol 5 No 2 (2024): Oktober
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/jaksya.v5i2.906

Abstract

This article discusses the issue of zhihar in the context of gender jurisprudence, which often leads to injustices for women within Islamic marriage law. With the growing awareness of gender justice, this research aims to explore the impact of zhihar on women's rights and assess the need for legal reinterpretation to create fairer solutions. The research method employed is a literature analysis, examining various references from accredited books and journals, along with a qualitative approach to understand the perspectives of classical and contemporary scholars. The findings reveal that zhihar, as a legal practice, frequently places women in a disadvantaged position regarding both sanctions and the protection of rights. Additionally, a gender jurisprudence approach can provide new insights for reconstructing this law, offering fairer solutions for both parties. This article recommends more inclusive reforms to Islamic family law and emphasizes the role of scholars in advocating for gender justice as a crucial step toward a more equitable legal system for women.
The The Impact of Changes in Wife’s Employment Status on Household Stability: A Review of Islamic Family Law Lina Nur Anisa
The Indonesian Journal of Islamic Law and Civil Law Vol 6 No 2 (2025): Oktober
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/jaksya.v6i2.1196

Abstract

The changing employment status of wives in Muslim households has become a significant social phenomenon impacting family dynamics, especially within Islamic family law. Increasing female workforce participation brings complex shifts in roles, responsibilities, and obligations of spouses, affecting household stability economically and socially. This study explores how Islamic family law responds to and regulates these changes, considering cultural and legal challenges posed by formal employment, such as Government Employees with Work Agreements (PPPK) and Civil Servants (PNS), versus informal employment. The research uses a qualitative library method, analyzing primary and secondary sources including books, journals, fatwas, and legal documents on Islamic family law. Through content and critical analysis, it synthesizes normative legal perspectives with empirical data—especially the mass divorce cases in Blitar and Cianjur—to understand the multifaceted impact of wives’ employment changes on household harmony. Findings highlight that while Islamic law keeps the husband as primary provider, it allows flexibility in recognizing productive roles of working wives, provided family harmony is preserved. The study underscores supportive spousal communication, psychosocial adaptation, and contextual legal interpretation to reduce conflicts from role changes. It concludes an integrative approach involving adaptive legal frameworks, family education based on Islamic values, and responsive social policies is essential to maintain Muslim family stability amid modern socio-economic transitions. This research offers valuable insights for academics, legal practitioners, and policymakers balancing tradition and modernity in Muslim family life.
Reconceptualizing Qiwāmah: Gender-Responsive Exegesis and Relational Authority In Contemporary Muslim Families Lina Nur Anisa
Empirisma: Jurnal Pemikiran dan Kebudayaan Islam Vol. 35 No. 1 (2026): Empirisma: Jurnal Pemikiran dan Kebudayaan Islam
Publisher : Prodi Studi Agama-agama Fakultas Ushuluddin dan Dakwah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/empirisma.v35i1.3731

Abstract

The concept of qiwāmah in Islamic tradition has often been associated with male authority within a patriarchal marital structure, an interpretation that insufficiently captures the relational transformations of contemporary Muslim families. This study reconceptualizes qiwāmah in marital relations through an integrative framework that combines gender-responsive Qur’anic exegesis with insights from Muslim family psychology. Using qualitative library research, it synthesizes scholarship on gender hermeneutics, Islamic family law, and contemporary family dynamics to examine how interpretations of male leadership shape relational authority, role negotiation, and family well-being. The findings indicate that qiwāmah is better understood as a relational construct grounded in responsibility and negotiated leadership rather than hierarchical domination. Its reinterpretation aligns with partnership-based roles, dialogical communication, and shared accountability, contributing to perceptions of relational justice and psychological well-being. This study advances a relational framework of qiwāmah that bridges normative Islamic discourse with contemporary family psychology, offering both theoretical contributions and practical implications for counseling, premarital education, and family development in modern Muslim contexts.
The Impact of Zhihar on Women’s Rights in the Perspective of Gender Jurisprudence Lina Nur Anisa
The Indonesian Journal of Islamic Law and Civil Law Vol 5 No 2 (2024): Oktober
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/jaksya.v5i2.906

Abstract

This article discusses the issue of zhihar in the context of gender jurisprudence, which often leads to injustices for women within Islamic marriage law. With the growing awareness of gender justice, this research aims to explore the impact of zhihar on women's rights and assess the need for legal reinterpretation to create fairer solutions. The research method employed is a literature analysis, examining various references from accredited books and journals, along with a qualitative approach to understand the perspectives of classical and contemporary scholars. The findings reveal that zhihar, as a legal practice, frequently places women in a disadvantaged position regarding both sanctions and the protection of rights. Additionally, a gender jurisprudence approach can provide new insights for reconstructing this law, offering fairer solutions for both parties. This article recommends more inclusive reforms to Islamic family law and emphasizes the role of scholars in advocating for gender justice as a crucial step toward a more equitable legal system for women.
The The Impact of Changes in Wife’s Employment Status on Household Stability: A Review of Islamic Family Law Lina Nur Anisa
The Indonesian Journal of Islamic Law and Civil Law Vol 6 No 2 (2025): Oktober
Publisher : Institut Agama Islam Nahdlatul Ulama Tuban

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51675/jaksya.v6i2.1196

Abstract

The changing employment status of wives in Muslim households has become a significant social phenomenon impacting family dynamics, especially within Islamic family law. Increasing female workforce participation brings complex shifts in roles, responsibilities, and obligations of spouses, affecting household stability economically and socially. This study explores how Islamic family law responds to and regulates these changes, considering cultural and legal challenges posed by formal employment, such as Government Employees with Work Agreements (PPPK) and Civil Servants (PNS), versus informal employment. The research uses a qualitative library method, analyzing primary and secondary sources including books, journals, fatwas, and legal documents on Islamic family law. Through content and critical analysis, it synthesizes normative legal perspectives with empirical data—especially the mass divorce cases in Blitar and Cianjur—to understand the multifaceted impact of wives’ employment changes on household harmony. Findings highlight that while Islamic law keeps the husband as primary provider, it allows flexibility in recognizing productive roles of working wives, provided family harmony is preserved. The study underscores supportive spousal communication, psychosocial adaptation, and contextual legal interpretation to reduce conflicts from role changes. It concludes an integrative approach involving adaptive legal frameworks, family education based on Islamic values, and responsive social policies is essential to maintain Muslim family stability amid modern socio-economic transitions. This research offers valuable insights for academics, legal practitioners, and policymakers balancing tradition and modernity in Muslim family life.
Reformasi Hukum Pidana Islam: Telaah Nalar Arab Muhammad Abed Al-Jabiri Lina Nur Anisa
Journal of Islamic Economic and Law (JIEL) Vol. 2 No. 1 (2025): JIEL : Journal of Islamic Economic and Law
Publisher : CV. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/jiel.v2i1.1523

Abstract

The reform of Islamic criminal law in the modern era is an important effort to maintain the relevance of Islamic teachings in addressing dynamic social challenges. This study aims to analyze the reform of Islamic criminal law through a rational-critical approach based on the thoughts of Muhammad Abed Al-Jabiri, focusing on the integration of maqasid shariah principles and modern social contexts. The research employs a qualitative method with a library study approach, including an analysis of primary and secondary literature from Al-Jabiri’s works and other contemporary thinkers. The findings indicate that the main challenges of reform include internal resistance from traditionalist groups and differences in interpretation, as well as external pressures such as negative stigma in the Western world and demands for alignment with human rights standards. The reform of Islamic criminal law holds promising prospects by emphasizing a welfare-oriented approach, the principle of substantive justice, and the active role of academics and educational institutions in supporting change.
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