Kartika: Jurnal Studi Keislaman
Vol. 6 No. 3 (2026): Kartika: Jurnal Studi Keislaman (August)

Rekonstruksi Teori Efektivitas Hukum dalam Konteks Hukum Keluarga Islam: Antara Substansi Hukum, Penegak Hukum, dan Budaya Hukum

Miftahul Ishlahuddany (Universitas Islam Negeri (UIN) Maulana Malik Ibrahim Malang)



Article Info

Publish Date
10 Aug 2026

Abstract

The effectiveness of Islamic family law in Indonesia faces a gap between formal norms and social reality, as seen in child marriage, high divorce rates, and non-compliance with court decisions. Conventional legal effectiveness theories (Soekanto & Friedman) have not fully captured the spiritual character of Islamic law. This research employs a qualitative method with juridical-normative and sociological approaches, utilizing library research on legislation, court decisions, and relevant literature. This research reconstructs legal effectiveness theory by integrating the maqāṣid al-syarī'ah approach and three legal system elements: substance, structure, and legal culture. This reconstruction aims to create a more comprehensive concept of effectiveness that is responsive to the social realities of Indonesian Muslim society and oriented toward family welfare. The findings indicate that Islamic family law effectiveness is only achieved when legal substance is just, law enforcement officials are professional, and legal culture supports substantive justice values. This approach makes Islamic family law an adaptive, just, and syariah-aligned instrument for social transformation

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Journal Info

Abbrev

kartika

Publisher

Subject

Religion Economics, Econometrics & Finance Education

Description

KARTIKA: Jurnal Studi Keislaman covers a variety of subjects, ranging from Islamic history, law, sufism, theology, politics, philosophy, the Qur’an and hadith, to modern and contemporary developments including such issues as democracy, gender, and human rights as well as social and cultural ...