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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Kajian Hukum dan Sosial
Lutfiana Dwi Mayasari
UIN Kiai Ageng Muhammad Besari Ponorogo
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstructing the Concept of Nafkah in Islamic Legal Thought: Gender Reciprocity and Female Breadwinners In the Javanese Priyayi Society Culture, Java Elfa Murdiana; Evi Muafiah; Lutfiana Dwi Mayasari; Dede Nurohman; Nandang Kosim
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.12133

Abstract

This article interrogated the phenomenon of female breadwinners within Javanese society, with a particular focus on priyayi women from both the royal court and the contemporary elite. It explores how evolving gender roles contest classical Islamic jurisprudential frameworks regarding financial responsibility (nafkah). The central aim is to reconceptualise nafkah in Islamic legal discourse, critically examine the impact of Javanese cultural paradigms on women’s social positioning, and advocate for a more contextually nuanced and inclusive Islamic legal framework that accurately reflects the lived experiences of Muslim women in Java. Employing a qualitative methodology that integrates textual analysis, in-depth field interviews, and the theoretical lenses of individual resilience, maqāṣid al-shariah, and mubādalah (reciprocity), the research elucidates the extraordinary social and spiritual resilience displayed by priyayi women as they navigate patriarchal stigma and the complexities of dual economic responsibilities. Cultural constructs such as nrimo (acceptance) and laku spiritual (spiritual practice) are not merely passive acquiescence but are reframed as adaptive strategies consonant with the values of maṣlaḥah (public welfare) and iḥsān (moral excellence). Drawing upon these insights, the study advocates for a contextual reconstruction of gender roles in Islamic law, anchored in three foundational principles: reciprocity (mubādalah), public benefit (maṣlaḥah), and cultural contextuality. Ultimately, the article argues that Javanese female breadwinners should not be seen as anomalies within Islamic tradition, but rather as living manifestations of justice, equality, and humanistic values, situated within an evolving, culturally embedded understanding of Islam.
Silencing Constitutional Rights and Repressive Actions by the Authorities: A Comparative Criminal Law Analysis of Indonesia and Nepal Elfa Murdiana; Lutfiana Dwi Mayasari; Ima Frafika Sari; Alendra Nauval M.R; Muhammad Talib Ibrahim
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 4 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no4.4601

Abstract

The policing of protests in Indonesia and Nepal, revealing systemic patterns of excessive force, arbitrary detention, and the criminalization of political expression. In Indonesia, the August 25–29, 2025 protests involved structured abuse of authority, including physical persecution, deprivation of liberty without adherence to Criminal Procedure Code protocols, and obstruction of legal counsel. In Nepal, 2025 protests saw the use of live ammunition, torture, and other severe measures violating the right to freedom of assembly under the 2015 Constitution. Both cases highlight legal deficiencies: Indonesia relies on general penal provisions without specialized instruments for state violations, while Nepal, despite criminalizing torture under Section 167 of the National Penal Code 2017, struggles with politically influenced implementation. Acts of violence and procedural abuse meet the criteria of unlawful acts, abuse of authority, and human rights violations under national and international law, including ICCPR and anti-torture standards. The failure to prosecute security personnel entrenches impunity. Findings indicate that strengthening accountability mechanisms, prosecuting officers when offenses are established, reforming security governance, and instituting independent investigative bodies are essential to protect constitutional rights and prevent recurrent state violence during protests.
Co-Authors Alendra Nauval M.R Dede Nurohman Elfa Murdiana Elfa Murdiana Evi Muafiah Ima Frafika Sari Kosim, Nandang Muhammad Talib Ibrahim