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All Journal al-Afkar, Journal For Islamic Studies
Izzul Mutho`
Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia
Social Sciences

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A Thematic-Holistic Analysis of Post-Divorce Maintenance Obligations and Their Relation to the Supreme Court's SEMA Provisions Aresanti Kusnia; Izzul Mutho`
al-Afkar, Journal For Islamic Studies Vol. 9 No. 3 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i3.3431

Abstract

Alimony as a crucial obligation of husbands in Islamic family law, reflecting justice, compassion, and responsibility toward wives and children, amid challenges of regulatory ambiguity post-divorce that threaten women's and children's rights due to tensions between Islamic sharia and positive Indonesian law. The primary objective is to analyze the foundations of nafkah in Islamic law, its implementation in national legislation, and mechanisms for protecting rights post-divorce to produce fair and applicable policy recommendations. The methodology adopts a qualitative descriptive approach with a thematic-holistic method, integrating thematic and holistic analysis of Quranic verses and hadiths, synchronized with views from fuqaha of the four madhhabs, the Compilation of Islamic Law (KHI), the Marriage Law, and Supreme Court Circulars (SEMA). The results indicate that the fiqh schools (Maliki, Hanafi, Shafi'i, Hanbali) affirm nafkah encompasses clothing, food, shelter, and other needs for wives, children, and dependents; post-divorce, it focuses on iddah maintenance, mut'ah, and child custody, while Indonesian regulations such as KHI Articles 80 and 149, along with SEMA 2015-2021, strengthen enforcement through annual child maintenance increases of 10-20%, sanctions, and asset seizure guarantees. The thematic-holistic analysis reveals universal values such as shared responsibility and role equality, adaptable to modern contexts. In conclusion, nafkah represents a social responsibility based on maqasid shariah that requires harmonization of sharia, national law, and judicial policy to ensure sustainable fulfillment of post-divorce rights.
Islamic Family Law Perspective on Children Under Ages Who Work to Support Family (Study in Pasar Banggi Village, Rembang District, Central Java Regency) Ibnu Aqil; Izzul Mutho`; Abdul Rozak; Muhammad Rizal Khoirul Umam
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.2983

Abstract

Many children under the age of 18 who have been actively involved in economic activities, become child laborers with the most dominant reason being economic pressure experienced by their parents or other factors. This study aims to determine the driving and underlying factors of children working as breadwinners for families in Pasar Banggi Village. As well as a review of Islamic family law on children as breadwinners for families in Pasar Banggi Village. This researcher uses qualitative methods, the data in this study were obtained from primary data and secondary data. Data collection techniques used are observation, interviews, and documentation. The results of this study indicate that the general description of working underage children due to the large number of them who work in Pasar Banggi Village as fishermen, farm laborers or other jobs is due to the most dominant economic factor, while other factors are environmental factors, parental factors, self-will factor, and habit factor. In terms of Islamic Family Law, the age limit for children to work is not directly explained in Article 98 of the Compilation of Islamic Law paragraph (1) the age limit for children who are able to stand alone or as adults is 21 years, as long as the child is not physically disabled. or mentally or have never been married. Child labor should be avoided considering the harm is greater than the benefit. In Surah Al-Baqarah verse 233 it is explained because providing a living is obligatory for parents.
Legal-Social Relations in Marriage Dispensation: A Comparative Study of the Tangerang Religious Court and the Serang Religious Court Lutvia Prakasiwi; Muhammad Rizal Khoirul Umam; Izzul Mutho`
al-Afkar, Journal For Islamic Studies Vol. 9 No. 2 (2026)
Publisher : Perkumpulan Dosen Fakultas Agama Islam Indramayu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/afkarjournal.v9i2.3015

Abstract

This study investigates the interplay between legal norms and social realities in marriage dispensation cases, through a comparative analysis of the Religious Courts in Tangerang City and Serang City. The increasing number of applications for underage marriage highlights the tension between statutory regulations and socio-cultural practices. Employing a socio-legal approach and qualitative methodology, the research draws on primary sources, including court decisions and interviews with judges, as well as secondary literature in the fields of law and social science. The findings demonstrate that, although both courts adhere to the same legal basic namely Law No. 16 of 2019 amending the Marriage Law there are marked differences in judicial reasoning shaped by local social contexts. The Tangerang court tends to prioritise procedural formality and child protection, whereas the Serang court shows greater accommodation of local cultural considerations. These variations underscore the extent to which legal decisions are influenced by the social environments in which they are embedded, reaffirming the dynamic relationship between law and society.
Co-Authors Abdul Rozak Aresanti Kusnia Ibnu Aqil Lutvia Prakasiwi Muhammad Rizal Khoirul Umam Muhammad Rizal Khoirul Umam