USRAH: Jurnal Hukum Keluarga Islam
Vol. 5 No. 1 (2024): April

COMPARATIVE STUDY OF ISLAMIC FAMILY LAW AND MUSLIM FAMILY RESILIENCE IN SOUTHEAST ASIA: INDONESIA–MALAYSIA PERSPECTIVES

Imanuddin Abil Fida (Institut Ahmad Dahlan Probolinggo)
Tajulasikin bin Jumaat (Institut Aminudin Baqi Malaysia)



Article Info

Publish Date
30 Apr 2024

Abstract

Islamic family law recognises protections for family members, yet their relevance to Muslim family resilience requires examination beyond formal entitlements. This study examines how legal recognition, procedural accessibility, and enforcement inform family protection in Indonesia and Malaysia. A qualitative, literature-based comparative approach synthesises published research on post-divorce rights, institutional support, and family adaptation. The synthesis identifies procedural differences in addressing women’s claims and highlights the distinction between obtaining judicial awards and receiving effective remedies. Institutional assistance and sociocultural resources emerge as potentially complementary conditions of adaptation, although the reviewed evidence does not establish causal relationships or national superiority. The study proposes a framework linking entitlement recognition, procedural accessibility, and remedy realisation to resilience-relevant protection. Its contribution lies in connecting comparative family-law analysis with adaptive functioning without equating resilience with marital continuity. Future research should test this framework using jurisdiction-specific implementation evidence and longitudinal household data.

Copyrights © 2024






Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...