cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Mohammad Noviani Ardi
Contact Email
jurnaladhki@gmail.com
Phone
+6281359100363
Journal Mail Official
jurnaladhki@gmail.com
Editorial Address
Fakultas Syariah dan Hukum UIN Sunan Kalijaga Yogyakarta
Location
Kota yogyakarta,
Daerah istimewa yogyakarta
INDONESIA
ADHKI: Journal of Islamic Family Law
Published by Asosiasi Dosen Hukum Keluarga Islam Indonesia
ISSN : -     EISSN : 2715050x     DOI : -
Core Subject : Religion, Humanities, Art, Social,
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
ADHKI Journal of Islamic Falimy Law is a journal published by the Indonesian Islamic Family Law Lecturer Association, its focus and scope related to Islamic Family Law Issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 84 Documents
 5   6   7   8   9 
Unregistered Marriages in Tanah Datar Regency: Causes, Impacts, and Solutions Eli, Elimartati; Arifki, Arifki Budia Warman; Firdaus, Firdaus; Ariful, Ariful Akmi; Mulyadi, Mulyadi Putra
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 6 No. 2 (2024): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v6i2.139

Abstract

Objective: This article seeks to elucidate the causes, impacts, and potential solutions to the issue of unregistered marriages in Tanah Datar Regency. Research on unregistered marriages has been extensively conducted in Indonesia, revealing an increasing array of reasons for their occurrence. Prior studies identified three to five primary causes of unregistered marriages. This article presents additional findings regarding these causes, highlights specific violations of customary law provisions, and discusses the solutions implemented by relevant agencies to address the problem of unregistered marriages. The research adopts a qualitative approach and utilises both primary and secondary data sources. Methods: Data collection techniques involved interviewing 35 community leaders, analysing documentation from pertinent agencies, and conducting Focus Group Discussions (FGDs) with 50 participants from related sectors. Results: The research identified 11 distinct causes of unregistered marriages, including specific violations of customary rules, tribal marriages, non-conforming marriages, and marriages involving 'melompat pagar'. The negative consequences stemming from unregistered marriages are significant; most unregistered marriages within the community lack legal validity. This situation leads to complications for children born as a result of these unions, as issues surrounding custody and divorce in unregistered marriages are often resolved solely through customary law, lacking formal legal recognition. Conclusion: Given the substantial prevalence of unregistered marriages in Tanah Datar Regency, various solutions have been implemented by relevant agencies to address the challenges faced by individuals involved in such marriages. Initiatives by the DUKCAPIL include the issuance of a letter of absolute responsibility (SPTJM) for the purpose of creating family cards, birth certificates, and ID cards. The Batusangkar Religious Court addresses cases of isbat marriage and cumulative requests for divorce and polygamy. Additionally, the KUA offers solutions such as remarriage and the formalisation of new marriages.
The Creed Theory in the Allocation of Inheritance Rights Pertaining to Inherited Property: A Gender Equality Perspective Wahidah, Wahidah; Ilhami, Adi Wahyu Ilhami
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 7 No. 1 (2025): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v7i1.140

Abstract

Problem Statement: The inheritance rights of spouses over personal property within an estate represent a complex and frequently contested issue in contemporary legal and social contexts. Although Islamic inheritance law (faraidh) governs these rights, their application in practice is often inconsistent, stemming from assumptions that spouses do not contribute to the acquisition of family wealth. Objective: This study seeks to examine the interpretation of faraidh in the context of principles of gender equality, particularly in cases involving spousal inheritance. Methods: Employing a qualitative normative legal method, this research analyses primary legal materials—specifically Islamic inheritance law and the Compilation of Islamic Law (KHI)—and is supported by secondary sources such as legal journals and empirical findings. Data were collected through literature reviews, in-depth interviews with key informants, and participant observations in inheritance disputes, particularly those involving withheld dowry (mahar). The study utilises the Credo theory and the essence of marriage as analytical frameworks. Results: The findings indicate that spousal inheritance rights, even in short-duration marriages, are valid within the faraidh framework and should not be disregarded. Furthermore, an interpretation of the Qur’anic verse Al-Nisa:12 reveals compatibility between Islamic inheritance law and gender equality. Conclusion: The study concludes that integrating a contextual understanding of marital relationships and gender justice into inheritance practices is essential to prevent discriminatory treatment and to uphold the legal rights of surviving spouses.
Parental Nutritional Responsibilities for Children Residing in Orphanages Umar, Umar Haris Sanjaya; M. Raffi Lazuardy
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 6 No. 2 (2024): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v6i2.141

Abstract

Problem statement: Children are regarded as a mandate bestowed by Allah upon parents, who have a crucial role and responsibility to fulfil all the rights and needs of their offspring. The effective fulfilment of this responsibility by parents is essential for the proper and optimal growth and development of children. Objective: This study was to investigate the nature of parental responsibility towards their children placed in orphanages and to ascertain whether the surrender of children to orphanages constitutes a legal violation. Methods: This research employs a descriptive normative approach, which involves the identification of legal rules, principles, and doctrines to address the legal issues at hand, and systematically describes the nature of responsibility exhibited by parents who entrust their children to the Syubaanul Wathon Orphanage in Tasikmalaya. The study utilises a qualitative research method to gather in-depth insights regarding the issues examined. Results: The findings indicate that parents who relinquish their children to orphanages do not adequately fulfil their responsibilities, thereby constituting a violation of the child's rights to alimentation. Conclusion: The responsibility of parents is absolute without any reason they have to fulfill this responsibility so that handing over a child to an orphanage to be cared for there is considered child neglect even though the parents are unable to afford it. The responsibility of parents is absolute without any reason they have to fulfill this responsibility so that handing over a child to an orphanage to be cared for there is considered child neglect even though the parents are unable to afford it.
Taklik Talak as a Safeguard for Women's Rights within the Family: A Hermeneutic Analysis of Legal Perspectives Jalil, Abdul Jalil; Zahrotul, Zahrotul Habibah; Kudrat, Kudrat Abdillah
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 7 No. 1 (2025): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v7i1.142

Abstract

Problem statement: cases of violence against women within the family are becoming increasingly serious and must be addressed to ensure that women can secure their rights. The social construct of pre-Islamic Arab ignorance, which remains prevalent today, is a patriarchal system that positions women as second-class citizens, often violating the principle of ‘mutuality’ in family relationships. Legally, the state has established a framework for women's rights as legal subjects; however, this framework does not yet adequately address internal rights within family relationships. The presence of divorce by conditional stipulation (taklik talak), as one of the forms of legal redress currently being pursued, continues to evoke various perceptions and interpretations. Objective: therefore, this study aims to analyse the substance of the taklik talak text as a means of protection for women's rights within the family from a legal hermeneutic perspective. Methods: this research is classified as normative legal research with an analytical approach, examining the taklik talak text in the Marriage Book. Data collection techniques were conducted through a literature review employing a systematic descriptive analysis method from a legal hermeneutic perspective. Results: the findings of this study indicate that the substance of taklik talak historically aims to provide protection for women. Conclusion: based on the analysis from the legal hermeneutics perspective, the taklik talak text represents a commitment by the husband not to neglect his obligation to provide maintenance, not to abandon his wife, and not to cause her physical harm; thus, the agreement functions as a form of guarantee of women's rights for the preservation of marriage.
Islamic Family Law Reform in Indonesia: An Analysis of KH. Ahmad Azhar Basyir's Legal Interpretation Regarding the Irrelevance of Zihar Ibnu, Ibnu Akbar Maliki; Digdo, Digdo Aji Mukti
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 7 No. 1 (2025): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v7i1.143

Abstract

Introduction: zihar is a tradition of the pre-Islamic Arab that has been reformulated by Islam and subsequently regulated in the Qur'an. However, not all countries incorporate zihar into their marriage laws; Indonesia is one such example. According to KH. Ahmad Basyir, this lack of regulation arises from the irrelevance of zihar to the customs and social conditions of the Indonesian community. Objective: This article aims to examine the reformulation of Islamic family law in Indonesia by exploring KH. Ahmad Basyir's method of istinbath concerning the relevance of zihar. Methods: This research is classified as normative legal research employing a conceptual approach. The primary data for this study comprises three works by KH. Ahmad Basyir that elucidate his method of istinbath: ‘Reflections on Islamic Issues Surrounding Philosophy, Law, Politics and Economics (1993)’, ‘Ijtihad in the Spotlight (1998)’, and ‘Islamic Marriage Law (1999)’. Secondary data includes journal articles, books, theses, and dissertations that discuss the contributions of KH. Ahmad Basyir. Data collection was conducted using the documentation method, and analysis was performed employing the Verstehen analysis method. Results: The findings of this study indicate the moral underpinning of zihar, which emphasises respect for wives, asserting that they must not be demeaned by their husbands, thereby representing an improvement over Arab cultural practice. This historical perspective illustrates that the application of zihar law is both local and temporal in nature, rendering it inapplicable across all social contexts. The moral underpinning, also referred to as the 'illat, should not be applied in Indonesia, which does not recognise the custom of zihar, in accordance with the principle ‘al-hukmu yaduuru ma'a al-'illati wujudan wa 'adaman’. Conclusion: Consequently, the provisions of zihar are deemed irrelevant in Indonesia, according to the views of KH. Ahmad Azhar Basyir.
Cultural and Traditional Relations in Madura Regarding Gender Equality in the Practice of Marriage Guardianship Umi, Umi Supraptiningsih; Rahmawati, Theadora Rahmawati; Makhrus, M. Makhrus Fauzi; Mubarok, Faidol Mubarok
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 6 No. 2 (2024): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v6i2.144

Abstract

Problem statement: Marriage guardianship is a significant aspect of Islamic marriage, wherein the guardian assumes responsibility for the marriage of a female. The influence of culture and tradition in the practice of marriage guardianship in Madura frequently leads to challenges related to the selection of a male bride. Objective: This study aims to analyse the relationship between Madurese culture and traditions and gender equality in the practice of marriage guardianship. Methods: This research employs a qualitative approach, utilising data collection techniques such as participatory observation, in-depth interviews, and the analysis of documents pertinent to Madurese culture and traditions. The collected data is subsequently analysed using content analysis to ascertain the impact of Madurese culture and traditions on gender equality within the context of marriage guardianship. Results: This study reveals a shift and transformation in gender awareness in Madura, driven by efforts from community groups and non-governmental organisations to promote gender equality in marriage brokerage practices. Nevertheless, these initiatives continue to encounter formidable cultural and traditional obstacles. The relationship between Madura's culture and traditions and gender equality in marriage brokerage practices remains significant. Conclusion: Comprehensive and integrated efforts are essential from various stakeholders, including the community, government, and non-governmental organisations, to foster more inclusive gender awareness and facilitate positive changes in marriage brokerage practices in Madura.
Building Family Resilience in Contemporary Society: A Theoretical Analysis Informed by Family Resilience Theory and the Concept of Maslahah Sugitanata, Arif
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 6 No. 1 (2024): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v6i1.147

Abstract

Problem statement: In the context of modern life, characterized by rapid technological advancements, significant social transformations, and escalating economic pressures, families encounter multifaceted challenges. Objective: This study aims to delineate efforts to enhance family resilience in contemporary society, analyzed through two theoretical frameworks: family resilience theory and the concept of maslahah. Methods: This research employs a literature review supplemented by descriptive-analytical analysis to identify the factors that contribute to family resilience. Family Resilience Theory underscores the critical role of open communication, emotional support, flexibility, and character education in fostering resilience. Results: The findings indicate that families exhibiting effective communication and robust emotional support are better positioned to navigate challenges such as technological demands and economic difficulties. Furthermore, ongoing character education and families' adaptability to social changes are essential components in fortifying their resilience. The maslahah theory, which emphasizes the fulfillment of public interests and the prevention of harm, accentuates the necessity of balance across various dimensions of family life, including physical, mental, financial, and social well-being. The research findings suggest that the integration of these two theories offers a more holistic framework for bolstering family resilience. Enhancing family resilience can be achieved through strategies that encompass open and effective communication, prudent financial management, comprehensive sexuality education, and active community engagement. Additionally, initiatives aimed at strengthening family resilience should also incorporate spiritual and moral dimensions, which are pivotal in maintaining equilibrium and harmony within family life. Conclusion: This study provides pragmatic recommendations for policymakers and community stakeholders in the development of intervention programs that support family resilience in the contemporary era.
Renewal of Islamic Inheritance Law in Indonesia: An Examination of Wasatiyyah Theory Alwi, Alwi Haidar
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 5 No. 2 (2023): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v5i2.154

Abstract

Problem statement: The reform of Islamic inheritance law in Indonesia is an urgent necessity, given the challenges of the modern era that demand laws that are more adaptive and contextual. The primary issues encountered include the incompatibility between classical Islamic inheritance law and the needs of contemporary society, particularly concerning gender equality, flexibility in the distribution of inheritance, and the recognition of the principle of mutual agreement among heirs. Objective: This study aims to explore the wasatiyyah theory as a foundation for the reform of Islamic inheritance law, with the objective of achieving a balance between Sharia values, social conditions, and the principle of public interest. Methods: The study employs a qualitative methodology with a legal-normative approach. Data sources were obtained through the analysis of legal documents and literature pertinent to this research. This study also utilises descriptive and argumentative analysis to connect the theory of wasatiyyah with the concept of inheritance law reform. Results: This study indicate that the theory of wasatiyyah can provide a robust foundation for reforming Islamic inheritance law in Indonesia. This theory emphasises balance between Sharia texts and social context, thereby facilitating agreement among heirs and promoting more equitable flexibility in inheritance distribution. The novelty of this research lies in the formulation of an integrative approach that is not only oriented towards Sharia norms but also considers aspects of social justice and public interest. Conclusion: This research contributes to providing a new perspective in the study of Islamic law, particularly inheritance law, that is more relevant to the needs of contemporary society.
The Concept of Happiness in the Household: Al-Ghazali's Sufistic Perspective Mubarok, M. Ali Mubarok; Desi, Desi Anggraeni; Nila, Nila Munana
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 5 No. 2 (2023): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v5i2.156

Abstract

Problem statement: The concept of domestic happiness embodies the value of idealism. Idealism underscores the significance of the superiority of the mind, soul, or spirit over material possessions. Objective: This article aims to analyse the notion of happiness in Al-Ghazali's thought and the ways in which its implementation can foster harmony and well-being within domestic life. Methods: The methodology employed in this study is an analytical approach, utilising a literature review to examine Al-Ghazali's perspectives on happiness and the application of this concept in households, which is understood as the integration of Sufi values. Results: The findings indicate that, according to Al-Ghazali, happiness is achieved through self-awareness, followed by the knowledge of Allah SWT, attained through both knowledge and action, the cultivation of faith, the purification of the soul, and the perfection of one's spirit. Conclusion: The implementation of Sufistic materialism, as articulated by Al-Ghazali, posits that happiness within the household is realised when the home becomes a sanctuary for worship, facilitating closeness to Allah.
Harmony in Interfaith Marriage: A Phenomenological Perspective of Alfred Schutz in Bandungan District, Semarang Regency, Central Java Muhammad Ulinnuha
ADHKI: JOURNAL OF ISLAMIC FAMILY LAW Vol. 6 No. 1 (2024): ADHKI: Journal of Islamic Family Law
Publisher : Indonesian Association of Islamic Family Law Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37876/adhki.v6i1.161

Abstract

Problem statement: The main problem in this study is that interfaith marriage lies in the tension between individual freedom in choosing a life partner and the legal restrictions and religious norm that regulate the validity and sosial implications of the marriage. Objective: This study aims to capture, understand, and elucidate the meaning behind the phenomenon occurring within families practising interfaith marriage, wherein harmonious and tolerant relationships are established both within the family unit and in the broader community. Methods: This article employs a qualitative research methodology, specifically field research utilising a phenomenological approach. Data collection techniques encompass observation, in-depth interviews, and documentation. Results: The findings indicate that interfaith marriages in Dusun Kedungwangan demonstrate harmony both internally and externally. Internally, harmony is evidenced through communication patterns, educational dynamics, economic balance, and a low incidence of family-related issues. Externally, harmony is reflected in the establishment of harmonious interreligious social relationships within the community. The analysis, guided by Alfred Schutz’s phenomenological theory, identifies two key aspects in uncovering the meaning of social phenomena in the daily life of Dusun Kedungwangan: "Because of Motive," which reveals a conscious awareness of the significance of religious harmony, a fear of social exclusion, and a tendency to adhere to established communal activities; and "In Order To Motive," which underscores a desire to implement the values of Pancasila within society, to gain acceptance and recognition as an integral part of the community, and to preserve existing communal traditions. Conclusion: Based on the analysis of phenomenological theory, the conclusion of this study shows that the meaning of harmony is formed through subjective and intersubjective meaning of couples in living life together despite different beliefs that from social reality in internal relationships and community relations.

Page 8 of 9 | Total Record : 84

 5   6   7   8   9 

Filter by Year

2019 2025


Reset
Filter By Issues
All Issue Vol. 7 No. 1 (2025): ADHKI: Journal of Islamic Family Law Vol. 6 No. 2 (2024): ADHKI: Journal of Islamic Family Law Vol. 6 No. 1 (2024): ADHKI: Journal of Islamic Family Law Vol. 5 No. 2 (2023): ADHKI: Journal of Islamic Family Law Vol. 5 No. 1 (2023): ADHKI: Journal of Islamic Family Law Vol. 4 No. 2 (2022): ADHKI: Journal of Islamic Family Law Vol. 4 No. 1 (2022): ADHKI: Journal of Islamic Family Law Vol. 3 No. 2 (2021): ADHKI: Journal of Islamic Family Law Vol. 3 No. 1 (2021): ADHKI: Journal of Islamic Family Law Vol. 2 No. 2 (2020): ADHKI: Journal of Islamic Family Law Vol. 2 No. 1 (2020): ADHKI: Journal of Islamic Family Law Vol. 1 No. 2 (2019): ADHKI: Journal of Islamic Family Law Vol. 1 No. 1 (2019): ADHKI: Journal of Islamic Family Law More Issue