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Mohammad Noviani Ardi
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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
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Endogamous Marriage in Sidoresmo, Surabaya City: A Structural-Functionalism Perspective Khoiri, Muhammad Hilalul Khoiri; Ulya, Zakiyatul Ulya
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.v6i1.199

Abstract

Problem statement: Endogamous marriage represents a multifaceted and heterogeneous phenomenon shaped by a variety of cultural and social determinants. Objective: This study seeks to examine the practice of endogamous marriage in Sidoresmo Dalam, Surabaya, through the framework of structural functionalism theory. The primary focus of this research is on the different forms and factors that influence the prevalence of endogamous marriage in this locality, as well as an analytical interpretation through the structural functionalist lens. Methods: This investigation employs field research utilizing a phenomenological approach, with data collection methods that include both observation and interviews. The analysis is conducted using qualitative methodologies. To ensure the validity of the data, triangulation techniques are implemented by comparing information obtained from multiple sources. Results: The findings reveal that there are two distinct forms of endogamous marriage in Sidoresmo Dalam, Surabaya: arranged marriages and non-arranged marriages. These forms of endogamous unions are influenced by five key factors: the preservation of lineage, the transmission of traditions across generations, parental authority, the practice of arranged marriages, and the principle of equality. When viewed through the lens of structural functionalism and employing the AGIL framework, the phenomenon of endogamous marriage in Sidoresmo Dalam, Surabaya illustrates the following: first, adaptation, where arranged marriages serve as a mechanism for conforming to communal cultural norms and principles; second, goal, wherein endogamous marriage seeks to foster harmony by minimizing identity conflicts and preserving lineage and family genealogy; third, integration, highlighting the pivotal role of parents in instilling familial values and driving the practice of endogamous marriage among close relatives; and fourth, pattern maintenance, suggesting that endogamous marriage will persist as a means of safeguarding and perpetuating lineage. Conclusion: Endogamous marriage in Sidoresmo Dalam, Surabaya, is a form of social adaptation maintained through the dominant role of parents and family traditions to preserve lineage, social equality, and social order within the framework of structural functionalism.
Replacement of Legal Guardianship with Judicial Guardianship Theoretical Perspectives and Practical Implications Farohi, Ahmad Farohi Mubarok; Nizar, Muchamad Coirun Nizar
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.v6i1.210

Abstract

Problem statement: The absence of a guardian at a wedding can result in the marriage contract not being executed. One of the causes is masafatul qashri, wherein a guardian is unable to attend his daughter's wedding ceremony due to long distance. Objective: The purpose of this study is to elucidate the positive legal provisions in Indonesia regarding the replacement of the lineage guardian with a guardian appointed by the court due to masafatul qashri, as well as the criteria for masafatul qashri that permit the transfer of authority from the lineage guardian to the court-appointed guardian, from the perspective of scholars from the four schools of thought. Methods: This research employs a library-based methodology using a comparative approach, with data collection through documentation of texts authored by scholars from the four schools of thought and positive law in Indonesia. Results: The results of this study reveal differences in the replacement of the biological guardian with a judicial guardian due to masafatul qashri as outlined in the Regulation of the Minister of Religion of the Republic of Indonesia (PMA RI) No. 20 of 2019, the Compilation of Islamic Law (KHI), and the views of madhhab scholars. In the PMA, the issue no longer pertains to the guardian appointed by the court but instead utilises the procedure of delegating guardianship, thereby maintaining the recognition of the biological guardian. Conversely, the KHI does not address the issue of masafatul qashri. Prior to 2018, the replacement of the biological guardian with a judicial guardian due to masafatul qashri was still applicable based on PMA No. 30 of 2005, which was subsequently revised by PMA No. 11 of 2007 and again by PMA No. 19 of 2018. Scholars from the various schools of thought also express differing opinions; the Shafi’i and Maliki schools assert that in cases of masafatul qashri, the one entitled to act as guardian is the ruler (sultan), while according to the Hanafi and Hambali schools, the rightful guardian is the wali ab’ad. Conclusion: This study illuminates contemporary societal challenges related to marriage guardianship, one of which is the necessity of a guardian as a primary requirement for the validity of a marriage.
Compilation of Islamic Law within the Framework of State Typology: A Critical Analysis of the Reform of Islamic Family Law in Indonesia Muslih, Muslih; Jera, Almi
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.v6i1.212

Abstract

Objective: This article analyzes the Islamic Law Compilation (KHI) as a manifestation of state engagement with Islamic law, utilizing a state typology framework for analysis. Methods: Employing both doctrinal and socio-legal methodologies, the research elucidates how the political-religious dynamics in Indonesia influence the codification and reform of Islamic family law. Results: The study illustrates that Indonesia occupies a unique position among Muslim-majority nations, embodying a synthesis of secular regulation and religious accommodation. Three key findings emerge from this analysis: (1) the KHI occupies an ambiguous status within Indonesia's legal hierarchy, which constrains its enforcement capabilities; (2) recent rulings from the Constitutional Court have redirected the trajectory of Islamic family law reform, frequently circumventing formal legislative procedures; and (3) a more adaptive approach to reforming Islamic family law necessitates a methodological transition from a textual-normative interpretation to a contextual-substantive interpretation. Conclusion: The article concludes that future reforms in Islamic family law in Indonesia must strike a balance among religious values, constitutional principles, international human rights standards, and local wisdom to ensure sociological legitimacy while striving for legal certainty and justice.
Clifford Geertz's Examination of the Symbolic Significance of Dowry within Islamic Legal Practices Luthfilhakim, Muhammad; Hidayati, ST Nor Hidayati
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.v5i2.214

Abstract

Problem statement: The transformation of dowry from an Islamic legal obligation into a symbol of social prestige presents both normative and social challenges; however, it remains understudied within the anthropological perspective of Islamic legal discourse. Objective: This study explores the dynamics of the interpretation of dowry within the marriage practices of the Banyukuning Village community in Semarang Regency, with a particular emphasis on the tension between cultural symbolism and legal obligations as dictated by Islamic law. The central inquiry of this research is how the community interprets and practises dowry within both social and religious contexts. Methods: This study positions itself as an empirical investigation of Islamic law, employing a qualitative interpretative approach. Grounded in Clifford Geertz's theory of cultural symbols and the Maqasid Sharia framework, field data were thematically analysed through interviews, observations, and documentation. Results: The findings indicate that dowries are interpreted in diverse ways: as symbols of social prestige, manifestations of commitment, or mere administrative formalities, contingent upon social background and generational factors. This symbolic practice frequently conflicts with the principles of Sharia law, which advocate simplicity and justice, thus generating social pressure and the potential for domestic conflict. Conclusion: The study concludes that an educational and regulatory approach is necessary to reconcile cultural values with Islamic legal principles, ensuring that the practice of mahar remains relevant and does not become a social burden that undermines the intended purpose of marriage.

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