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Sakina: Journal of Family Studies
Published by Universitas Islam Negeri Maulana Malik Ibrahim Malang
ISSN : -     EISSN : 25809865     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Social Sciences
Journal of Family Studies merupakan sarana komunikasi dan publikasi ilmiah yang berasal dari riset-riset mahasiswa di bidang hukum keluarga dengan berbagai aspek dan pendekatan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 432 Documents
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Sequential Inheritance Implementation: A Maqasid Sharia Perspective by Jasser Auda (A Case Study in Pagelaran Village, Pagelaran District, Malang Regency) Faizah, Eka Zahrotul; Rahmawati, Erik Sabti
Sakina: Journal of Family Studies Vol 8 No 4 (2024): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v8i4.11799

Abstract

The urgency of proper inheritance distribution is greatly needed in society. Therefore, an appropriate concept and legal framework are necessary in practice to ensure that the essence of justice and the objectives of Islamic law in inheritance are not compromised. This is exemplified by the practice in Pagelaran village, where inheritance is distributed not according to Islamic law, even though the majority of the population is Muslim. They have a unique method of rotating the inheritance among heirs, taking turns. This practice presents an interesting subject for analysis using the theory of maqasid shari’ah to understand the essence of the objectives behind the enactment of inheritance law in Islam. This study is empirical, using a sociological and conceptual approach. The results can be summarized in two aspects: (1) The practice of rotating inheritance in Pagelaran village is carried out alternately among heirs based on mutual agreement, and in practice, this is driven by the limited land available for distribution. It also serves as a preliminary step toward permanent land division, with the proceeds from the rotation used to cover the costs of certifying the land for each heir; (2) The practice of rotating inheritance fulfills the purpose of maqasid shari’ah as outlined by Jasser Auda and aligns with the essence of the enactment of inheritance law, ensuring the fair distribution of inheritance. This is due to the mutual agreement among the heirs, while also considering the aspects of protection and resilience within the family.
The Judge's Ratio Decidendi in Rejecting A Claim for Past Child Support (A Study on the Implementation of SEMA No. 4 of 2016 in Decision No.: 0565/Pdt. G/2023/PA. Bwi) Saputra, Muhammad Nabil Azizy
Sakina: Journal of Family Studies Vol 8 No 4 (2024): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v8i4.11800

Abstract

Divorce poses significant challenges in the division of responsibilities, particularly regarding child support, which impacts their well-being. Negative effects include the loss of family warmth and emotional instability. The Marriage Law emphasizes the obligation of parents to support their children until they become independent, even after the marriage has ended. However, the implementation of child support obligations, especially for basic needs, often encounters legal hurdles, including ambiguity in the amount of support and the application of laws by the courts. This study focuses on the implementation of SEMA Number 4 of 2016 in Decision Number 0565/Pdt.G/2023/PA. Bwi, which rejected a claim for past unpaid child support. The objective is to identify the reasons behind the judge's rejection and evaluate the extent to which the SEMA guidelines are applied. The research employs a normative approach and case study methodology. The findings indicate that the judge denied the claim on the grounds that the obligation for support is of a temporary nature, which contradicts the SEMA guidelines that establish the father’s responsibility for support when the child is in the mother's custody. This rejection reflects the need for a reassessment to ensure that children's rights are effectively protected.
Reconfiguring Justice: Judicial Discretion and the Validation of Underage Marriages in the Modern Era Khotimah, Khusnul; Ahmad, Sabarudin; Suriansyah, Eka
Sakina: Journal of Family Studies Vol 8 No 4 (2024): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v8i4.11808

Abstract

This research examine the legal reasoning of the judge in Supreme Court decision Number 481 K/Ag/2021 after being declared unacceptable determination or N.O (Niet Ontvankelijk verklaart) in Ujung Tanjung Religious Court Order Number 14/Pdt.P/2021/PA.Utj. This research aims to find out the legal reasoning of the judge in granting the appeal for cassation of underage marriage isbat in Supreme Court Decision Number 481 K/Ag/2021 and analyzing from Islamic law review. The type of research used in this research is normative legal research with a statutory approach and a case approach. This research examines and studies various literature sourced from secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The method of analysis used is descriptive analytical. The results in this study show: (1) The judge in his decision has applied freedom in examining and deciding cases, in Supreme Court Decision No. 481 K/Ag/2021 the judge considered that the petitioners had fulfilled the conditions and pillars of marriage according to Islamic law, and for the sake of legal certainty and protection, the judge felt that there were sufficient reasons to grant the cassation request. (2) The judge has fulfilled the purpose of maṣlaḥah, which is to maintain primary needs or maintenance of basic human elements in accordance with the objectives to be achieved in maṣlaḥah ḍarūriyah.
Fatwa of the Indonesian Council of Ulama (MUI) Number 11 of 2012 on the Status of Children Born Out of Wedlock: An Analysis of Maqasid Al-Shari’ah Using Jasser Auda's System Approach Sanjaya, Edi; Hasanah, Idaul; Zakaria, Soni; Zuhri, Muhammad Arif
Sakina: Journal of Family Studies Vol 8 No 4 (2024): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v8i4.12442

Abstract

This research examines the status of children born out of wedlock under Fatwa No. 11 of 2012 issued by the Indonesian Council of Ulama (MUI) and analyzes it through the lens of Maqasid Shariah using Jasser Auda’s system approach. Employing a qualitative method with descriptive analysis and a philosophical approach to Islamic law, the study focuses on ensuring the welfare and rights of children born out of wedlock. It highlights the importance of scholars' cognitive construction, such as Ibn Taimiyyah’s views, and the integration of arguments to prevent methodological reductionism. Emphasis is placed on protecting these children in line with Maqasid Shariah principles, including the use of modern tools like DNA testing to adapt Islamic law to contemporary needs. A multidimensional approach involving knowledge, psychology, and legality is essential to safeguard their rights. The hierarchical framework in Maqasid Shariah supports the recognition of biological fathers to ensure the child’s welfare and universal justice. The study argues that MUI Fatwa No. 11 should reflect Maqasid Shariah’s holistic and dynamic principles to align Islamic law with social changes. It asserts that reconstructing the lineage of children born out of wedlock is intended to affirm their inherent dignity (fitrah) as equal to other children, without endorsing adultery or undermining the institution of marriage in Islam. Ultimately, this approach seeks to uphold social justice and universal welfare.
Family Conflict in the Context of Economic Change: Resilience and Adaptation Rohman, Miftakur
Sakina: Journal of Family Studies Vol 8 No 4 (2024): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v8i4.13405

Abstract

This research aims to explore the dynamics of family conflict arising from economic changes and how families can demonstrate resilience and adapt. In a rapidly changing social context, a deeper understanding of how economic factors influence interactions within families becomes increasingly important. The method used in this study is a qualitative approach, conducting in-depth interviews with 30 respondents who are heads of families from various economic backgrounds, ranging from low to middle income. The main findings of this research indicate that economic changes, such as inflation and unemployment, significantly contribute to the increased conflict within households. This is evident in the rising tension often triggered by unstable financial factors. However, interestingly, families with strong social support mechanisms, such as solid networks of friends and family, tend to show higher levels of resilience amidst crises. The results of this research have important implications for understanding the relationship between economic dynamics and family life, as well as providing significant recommendations for social policies to support families in facing increasingly complex economic challenges. With the right approach, it is hoped that family and community well-being can be enhanced overall.
An Islamic Law Between Rights and Obligations in The Study of Islamic Law Philosophy Hikmah, Ilmiani Nurul
Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Rights are possessions, possessions, which are not only objects, but also actions, thoughts and authority. In the Qur'an we find the word al-haqq which is a translation of the word rights which means property or the person who controls it. In theology, right also means power, authority, or authority. Liability is a burden or responsibility that is contractual in nature. In other words, an obligation is something that should be given. With the existence of rights and obligations, justice also arises, namely the recognition and treatment of rights. Meanwhile, in Islamic Law, justice can be interpreted as a term used to indicate equality or being in the middle of two cases or putting something in its place. This research uses qualitative research methods with library research as the data source. As a result, where there are rights there are obligations, and where there are obligations there is justice, namely applying and carrying out rights in accordance with a balanced place, time and level. By implementing rights, obligations and justice, this will automatically support the creation of moral actions. Keywords: Islamic Law, Rights and Obligations, Islamic Law Philosophy
Analysis of Waqf Validity in the Perspective of Positive Law and Islamic Law: A Case Study of Decision No. 453/Pdt.G/2020/PA.Kdi Paramitha, Attahiraa Prajna; Huda, Miftahul
Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i1.13411

Abstract

The practice of waqf plays a significant role both as an act of worship and as a social asset supporting development. However, disputes often arise regarding the management and utilization of waqf land that do not comply with legal regulations. A case in Kadia Subdistrict, Kendari City, illustrates the legal dualism in determining the validity of waqf. This study aims to analyze judicial decisions on the validity of waqf from the perspectives of positive law and Islamic law, focusing on Decision No. 453/Pdt.G/2020/PA.Kdi. This research employs a normative legal method with a case approach, utilizing secondary data from legal regulations, court decisions, and literature on Islamic and positive law. The findings indicate that the court ruled to revoke the waqf status due to non-compliance with formal requirements under positive law, specifically the absence of an Authentic Deed of Waqf (AIW). However, from the perspective of Islamic law, the waqf remains valid as it fulfills the essential pillars of waqf. This discrepancy highlights a potential conflict between positive law and Islamic law in waqf practices in Indonesia. This study emphasizes the importance of harmonizing positive law and Islamic law in resolving waqf disputes to provide more comprehensive legal certainty. Strengthening regulations and raising awareness about proper waqf procedures under both legal systems are necessary to prevent future disputes.
Settlement of Productive Waqf Disputes from the Perspective of Law Number 41 of 2004 on Waqf Mubarak, Farisul Islam
Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i1.13694

Abstract

Waqf as a solution to achieve the economic stability of the ummah certainly aims to gain benefits. Waqf is inseparable from the potential for disputes that will actually reverse the purpose of waqf from benefit to the emergence of harm. One of the disputes arising from this is the dispute over productive waqf in the form of rice fields in Panyampa Village, Campalagian District. The rice field was endowed by the As-Salafi Foundation as a productive waqf. As a result of the lack of proof of ownership of the rice field by the previous owner, a dispute arose with a claim from another person over the rice field. This research was conducted with the aim of providing understanding and raising awareness to the community, especially in Campalagian District, of the importance of paying attention to the management and management of waqf assets. The method used in this research is empirical research with a qualitative approach. The research was conducted by conducting semi-structured interviews with several informants related to waqf assets. The results showed that the dispute occurred due to a claim from the family of the original owner of the rice field, more precisely Puang Hasan's brother-in-law. The settlement was carried out by mediation without going through the deliberation process. The mediation was conducted by the Police, because the Religious Affairs Office felt that it did not have the responsibility to resolve waqf disputes. The settlement of productive waqf disputes in Panyampa Village is in accordance with the provisions of Law No. 41/2004 on Waqf.
Reinterpreting Nafkah: A Critical Study of Sheikh Nawawi al-Bantani’s Exegesis in Nihayat al-Zain arofik, slamet
Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i1.14172

Abstract

The Qur'an and al-Sunnah as the main sources of Islamic law and guidelines for the lives of Muslims do not explain in detail and in depth the concept of husband's Nafkah to his wife. This requires the Mujtahids and their successors to perform Ijtihad in an effort to interpret the intentions of Shari'. One of the line of scholars who performed ijtihad so as to pour it into a work was Sheikh Zainuddin al-Malibari in his work Qurat al-'Ain which was further elaborated in more depth and detail by the Nusantara Syarh specialist Sheikh Nawawi al-Bantani in his work Nihayat al-Zein. Therefore, the purpose of this paper is to describe and explain the thoughts of Sheikh Nawawi on his in-depth elaboration of the Matn Qurrat al-'Ain. The approach used is Qualitative with the type of library research on the book of Nihayat al-Zain with the specification of text analysis. In order to get more comprehensive study results and to examine the relevance of Sheikh Nawawi's thoughts in the contemporary era, the Intertextual approach, the Reinterpretation approach and the Relevance approach are used. The result is the thought of Sheikh Nawawi on the concept of Nafkah, in some ways it is still relevant to be applied in the contemporary era and even requires an elitist life. But in some ways it is less relevant and even not applicable if confronted with the opinions of other figures.
Implementation of Syibhul Iddah in KUA Klojen District: A Study Based on the Circular Letter of the Ministry of Religious Affairs Putri, Ramadhani Islam; Suhadak, Faridatus
Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies
Publisher : Islamic Family Law Study Program, Sharia Faculty, Universitas Islam Negeri Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/jfs.v9i1.14174

Abstract

Iddah is a waiting period given to women to check whether they are pregnant or not. Until the issuance of the Circular Letter from the Director General of Islamic Community Guidance, Ministry of Religious Affairs No: P-005/DJ.III/Hk.00.7/10/2021, which regulates the application of the waiting period (Syibhul Iddah) for men who have divorced before remarrying. This research aims to describe the implementation of Syibhul Iddah based on the Circular Letter at the KUA Klojen District and to analyze its concept from the perspective of Wahbah Az-Zuhaili. This research uses a juridical-empirical approach with a qualitative descriptive method. Data sources were obtained from primary sources in the form of interviews with informants such as the Head of KUA, modin, and widowed prospective grooms, and were supported by secondary sources such as relevant literature, including the Islamic book "Wa Adilatuhu" and Circular Letters. Data were collected through interviews and documentation. The research results show that the KUA of Klojen District has implemented this policy in accordance with the regulations. The KUA does not process the administration of male prospective brides who are still in the iddah period of their former wives. This policy provides benefits, particularly in protecting women's rights post-divorce. Furthermore, an analysis from the perspective of Wahbah Az-Zuhaili shows that Syibhul Iddah aligns with two shari'ah prohibitions, namely the prohibition of marrying more than four wives (including in the case of raj'i divorce) and the prohibition of marrying women who are blood relatives of former wives.

Page 41 of 44 | Total Record : 432

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