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All Journal Waraqat : Jurnal Ilmu_Ilmu Keislaman Indonesian Journal of Islamic Law (IJIL) An-nisa: Journal of Islamic Family Law
Muhsan Syarafuddin
Sekolah Tinggi Dirasat Islamiyah Imam Syafi’i Jember, Indonesia
Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Between Duty, Capacity, and Inability: Post-Divorce Child Support in Indonesian Religious Courts Muhsan Syarafuddin; Gioia Beatrice; Ghufran Jauhar; Ghifary Duyufur Rohman; Haris Maiza Putra
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/8sjf7s13

Abstract

When the court explicitly acknowledges a father's economic incapacity, child support obligations after divorce create acute legal tension. This article looks at a confusing situation in child support decisions after divorce, based on Decision Number 4501/Pdt.G/2024/PA.Jr. from the Jember Religious Court, Indonesia, where the court required a fixed child support payment even though the father had proven he couldn't afford it. The case highlights a bigger problem that courts face in areas with different laws and economic challenges: how to balance the need to protect children with the reality that some financial obligations may not be possible to enforce. This study uses a legal approach to analyse laws, court decisions, and important Islamic legal sources to assess whether the court's reasoning is fair. The findings reveal a structural inconsistency. Even though the court referenced child protection rules and traditional legal views that support parental responsibility, the maintenance order was too high for the father to afford, making it very difficult for him to follow. Through the evaluative lens of Maqāṣid al-Sharīʿah, the decision demonstrates a failure of proportional balancing: the protection of offspring (ḥifẓ al-nasl) was prioritised without adequate consideration of economic preservation and basic welfare (ḥifẓ al-māl and ḥifẓ al-nafs), both foundational objectives within Islamic legal thought. The article argues that this pattern in court decisions shows a common problem in family courts with limited resources, where the legal responsibilities are recognised more than they can actually be enforced. By placing a local decision within this ongoing issue, the study adds to worldwide discussions about fairness, the ability to enforce choices, and the power of judges in child support cases after divorce.
Husband–Wife Relations from the Salaf Perspective and the Challenges of Modernity: a Comparative Analysis Muhsan Syarafuddin; Muhammad Nurul Fahmi; Farchan Mu'aziz; Ratno Pambudi
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 11 No. 1 (2026): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v11i1.1344

Abstract

This study aims to analyze husband-wife relations from the salaf perspective and examine the challenges of modernity toward contemporary Muslim family relations. The research employs a qualitative method with a normative-comparative approach through library research. Primary sources include the Qur’an, hadith, classical tafsir, and fiqh literature, while secondary sources consist of scholarly journals and contemporary studies on modern Muslim families. The findings reveal that the salaf perspective views marital relations as a spiritual and moral bond founded upon the principles of mu‘āsyarah bil ma‘rūf, qiwāmah, compassion, and complementary role distribution. Meanwhile, modernity has significantly transformed family relations through the rise of individualism, gender equality, dual-income families, and digital culture, leading marital relations to become more flexible and negotiative. The comparative analysis demonstrates that modernity potentially reduces several foundational principles of marital relations in the salaf perspective, particularly regarding responsibility, role structure, and family orientation based on trust and moral commitment. This study highlights the importance of formulating Muslim family relations that integrate Islamic normative values with contemporary social dynamics in a proportional and adaptive manner.
The Concept of the Ideal Couple: Buya Hamka's Perspective in Islamic Marriage Law Chaidir Ali Ahmad; Muhsan Syarafuddin; Kirama Nasim Manbi Ushama; Jamaluddin Jamal Muhsen
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.366

Abstract

The choice of a life partner is a fundamental aspect in Islamic marriage law because it has a direct effect on the formation of a harmonious family. This study aims to analyze Buya Hamka's perspective on the criteria for ideal couples in Islamic marriage and its relevance to contemporary legal and social contexts. This research uses a qualitative approach through literature studies, with the main source in the form of Buya Hamka's works, including Tafsir al-Azhar, Great Pribadi, Living Institutions, and Modern Sufism. The results of the study show that Buya Hamka places faith and morals as the main foundation in choosing a partner, outperforming physical, economic, and social status considerations. In addition, Hamka emphasized the concept of kafā'ah which is not solely material, but includes the harmony of religious understanding, education, character, and vision of life. This view is in line with the purpose of marriage in Indonesia's positive law which emphasizes the formation of a happy, prosperous, and sustainable family. This research contributes by enriching the treasure of Islamic family law thought through the formulation of ideal couple criteria based on the integration of religious, social, and psychological values that are relevant to strengthening the resilience of Muslim families in the modern era.
Co-Authors Chaidir Ali Ahmad Farchan Mu'aziz Ghifary Duyufur Rohman Ghufran Jauhar Gioia Beatrice Haris Maiza Putra Jamaluddin Jamal Muhsen Kirama Nasim Manbi Ushama Muhammad Nurul Fahmi Ratno Pambudi