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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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Supported vs Substituted: The Urgency of Regulating Limited Guardianship for Individuals with Psychosocial Disabilities in Islamic Inheritance Franola, Frida Azmil; Rohmah, Siti; Sari, Shinta Puspita
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.v9i1.14186

Abstract

The authority to manage inheritance assets in Islamic inheritance law by guardians of individuals with psychosocial disabilities highlights the urgency of limiting such authority to preserve maqashid sharia, particularly the protection of individual property and life. Current regulations in Indonesia regarding guardianship remain discriminatory and do not explicitly restrict the powers of guardians, leading to potential abuse. This study aims to analyze the urgency of limited guardianship regulation from an Islamic legal perspective and to formulate a legal framework that aligns with the supported decision-making paradigm. The methodology employed is normative research using legal, conceptual, and comparative approaches against regulations in Aceh Besar, Pakistan, and England. The findings indicate that the current guardianship regulations in Indonesia tend to adopt a substituted decision-making paradigm, granting full authority to guardians without involving individuals with disabilities in decision-making processes. This paradigm contradicts the Convention on the Rights of Persons with Disabilities (CRPD) ratified by Indonesia. To address this legal gap, regulatory reform is necessary, including restricting guardian authority, implementing strict oversight, and establishing criminal penalties for guardians who violate these provisions. This study recommends adopting a more inclusive supported decision-making paradigm where guardians act as decision supporters without replacing the legal rights of individuals with disabilities. Such reform aligns with the principles of social justice in Pancasila and maqashid sharia, creating a more inclusive legal system that protects the rights of individuals with psychosocial disabilities while preventing discrimination and abuse of power in managing inheritance assets.
Judge's Advice in the Decisions of Marriage Dispensation Cases: Analysis Based on PERMA No. 5 of 2019 Maharani, Tiara; Hidayat, Fitri; Suwardiyati, Rumi
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.v9i1.14190

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.
Balancing Tradition and Marital Stability: An Interdependence Theory Approach to Jilu Marriage Prohibition Natasya, Farah Vairuza; Setyobudi, Teguh
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.v9i1.14458

Abstract

Jilu marriage refers to a union between the first and third child in a family. The community of Rejomulyo Village believes that jilu marriage brings misfortune, household instability, and even divorce. Consequently, the prohibition of jilu is preserved as a form of local wisdom aimed at maintaining marital harmony. This study seeks to describe and analyze the concept and implementation of the jilu marriage prohibition in Rejomulyo Village through the lens of interdependence theory. The research employs an empirical legal approach with a sociological juridical perspective, incorporating qualitative data collection methods such as in-depth interviews, field observations, and document analysis. Primary data were obtained from community members using snowball sampling, while secondary data were gathered from literature and legal documents. The findings reveal that jilu in Rejomulyo Village refers to the marriage of the first and third child, which is often accompanied by a ruwatan ritual as a means of warding off misfortune. Analysis through interdependence theory indicates that couples where the first child is male and the third child is female tend to experience greater marital stability compared to those with the reverse composition. This study contributes to a deeper understanding of the interplay between cultural traditions and the psychological dynamics of marriage in traditional communities.
Fate or Folklore? Resolving Neptu-Based Marriage Conflicts Through Mediation in Dayu Village Sholikah, Rahma Almatu
Sakina: Journal of Family Studies Vol 9 No 2 (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.v9i2.14516

Abstract

This study examines the resolution of problematic neptu marriage in Dayu Village, Blitar Regency, where Javanese cultural traditions remain central to maintaining household harmony. In local belief, incompatible neptu combinations, numerological values derived from traditional Javanese calendars, can lead to persistent family conflict, misfortune, and even divorce. Using an empirical juridical method with an anthropological juridical approach, this research draws on interviews with ten key informants, including traditional and religious leaders, village officials, and community members. Secondary data were obtained from literature and legal sources. The findings reveal that neptu prohibitions are divided into two categories: absolute prohibitions, where certain weton combinations (e.g., Senin Wage–Selasa Legi, Jumat Legi–Selasa Legi) strictly forbid marriage, and conditional prohibitions, which permit marriage only after performing traditional rituals such as ruwatan, digauak-ditemu, and gembolan tujuh rupa. Crucially, the study demonstrates that the resolution of neptu conflicts aligns with the core principles of mediation philosophy, confidentiality, voluntariness, empowerment, neutrality, and unique solutions, particularly in cases of conditional prohibition. This reflects a culturally embedded form of facilitative mediation that emphasizes community-based conflict resolution. The study contributes to the discourse on indigenous conflict resolution by proposing a framework that integrates local customs with mediation theory. It offers valuable insights for scholars in anthropology, sociology, and legal studies, while promoting awareness of peaceful and sustainable approaches to family conflict rooted in local wisdom.
Polyandry in the Shadows: How Indonesian Judges Tackle Unregistered Marriages and Legal Uncertainty Khairunnisa, Khairunnisa; Mahmud, Hafini Bin
Sakina: Journal of Family Studies Vol 9 No 2 (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.v9i2.14648

Abstract

Polyandry, where a woman is married to multiple men simultaneously, is explicitly prohibited under Indonesian marriage law and Islamic legal principles. This study examines how judges at the Banjarbaru Religious Court resolve polyandry cases resulting from extrajudicial divorce, with a focus on the legal implications from the standpoint of positive law. Employing an empirical juridical method with a qualitative approach, the research draws on primary data from semi-structured interviews with judicial officers. Findings indicate that judges address such cases by summoning relevant parties and evaluating evidence in accordance with Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). Judges view extrajudicial divorces as legally invalid, meaning the original marriage remains intact, and any subsequent marriage may result in de facto polyandry. Legally, such polyandrous marriages are annulled, and are treated as if they never existed. Consequently, any children born from these unions are only legally affiliated with the mother. This raises significant issues regarding paternal acknowledgment, inheritance, and other civil rights for the child. The study highlights how judges balance legal norms with sociological considerations, particularly the welfare of children. It further underscores the challenges arising from the public’s limited understanding of marriage registration requirements, which contributes to legal uncertainty and facilitates unrecognized marital arrangements. The research contributes to the discourse on marriage law enforcement in Indonesia and offers insight into judicial reasoning in complex family law cases involving polyandry, legal identity, and child welfare.
Tradition vs. Administration: Challenging the Cultural Barriers to Marriage Registration in Indonesia Arifin, Mochammad
Sakina: Journal of Family Studies Vol 9 No 2 (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.v9i2.15343

Abstract

The persistent issue of unrecorded marital status in population documents remains critical in many Indonesian villages, including Kebonagung Village, Blitar Regency. Observations reveal that over 90% of married couples in the village have not updated their marital status, impeding access to essential public services such as health insurance, social assistance, and school enrollment. This study adopts a micro-level, participatory qualitative approach—utilizing observation, in-depth interviews, and documentation—to explore the socio-cultural factors affecting administrative awareness. Findings indicate that legal illiteracy, the perception of administration as mere formality, limited outreach by village officials, and deeply rooted local customs are primary barriers to marriage registration. Despite the availability of service infrastructure and innovative programs like Salam Sak Jangkah and SAIDI (sedino dadi), these initiatives often fail due to inadequate community engagement and weak public communication. The study’s key contribution lies in highlighting that structural solutions alone are insufficient; effective strategies must integrate educational, cultural, and community-based dimensions. This research enriches the discourse on public administration and family law in rural contexts by emphasizing the role of local actors—religious leaders, officials, and citizens—in fostering legal awareness. However, the study is limited by its geographic focus on a single village and the underrepresentation of youth perspectives. Future research should adopt a comparative and mixed-methods approach to assess the broader applicability of community-driven interventions and measure their impact quantitatively.
The Marriage of Biological Fathers to Their Illegitimate Daughters: A Study of the Shafi'i Madhhab and Indonesian Positive Law Munir, Misbahul; Syafi'I, Imam; Hannan, Abd.
Sakina: Journal of Family Studies Vol 9 No 2 (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.v9i2.15349

Abstract

Marriage is a sacred institution in Islam and the Indonesian legal system, which requires the presence of a guardian as one of its pillars. The problem arises when a daughter is born outside the bonds of a legal marriage, causing debate about the legality of the biological father to act as a marriage guardian. This study aims to examine in depth the legal status of biological fathers as marriage guardians for extra-marital daughters, focusing on a comparative analysis between the perspective of the Shafi'i Mazhab and the provisions in Indonesian positive law. This research uses a juridical-normative method with a descriptive-qualitative approach, through a literature study of classical Syafi'iyah fiqh books, Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, and decisions of the Constitutional Court. The results showed that according to the Syafi'i Mazhab, an extramarital child does not have a nasab relationship with his biological father, so it is not valid for him to be a marriage guardian, and guardianship is left to the judge's guardian.In Indonesian positive law, although there is recognition of the civil relationship between the child and the biological father based on Constitutional Court Decision No. 46/PUU-VIII/2010, this recognition does not include guardianship rights in marriage. The gap in this research lies in the inconsistency between the recognition of civil relationship and guardianship authority in legal practice. The findings of this research provide a normative contribution in clarifying the legal position of the guardian of extramarital children and the urgency of synchronization between Islamic law and national law in answering contemporary family problems.
Fulfillment of Wife's Rights after Divorce in the Perspective of Legal Justice Theory and Maqashid Shari’ah Cum-Mubadalah Usthyawati, Nur Ushmi; Muhaimin, Muhaimin; Satriya, Bangkit Budi
Sakina: Journal of Family Studies Vol 9 No 3 (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.v9i3.15981

Abstract

The fulfillment of a wife's rights in contested divorce cases, including mut'ah, iddah alimony, and madliyah alimony, has historically lacked specific regulation, often resulting in injustice for women who initiate divorce. Divorce is not always the wife's choice; it may be influenced by factors such as discrimination or domestic violence, necessitating a legal review grounded in both maqashid shari’ah cum-mubadalah and legal justice theory. This study employs a normative-legal approach, analyzing conceptual and statutory legal materials. The findings reveal that the fulfillment of a wife's rights in contested divorce cases aligns with the principles of maqashid shari’ah, encompassing its five core objectives, while the cum-mubadalah principle emphasizes gender equality and justice comparable to rights in talak divorce. The study further demonstrates that fulfilling these rights considers women’s biological and social realities and adheres to Gustav Radbruch's legal justice theory by upholding justice, utility, and legal certainty. Practically, the research shows that basic wife’s rights, traditionally granted only in talak divorce, can and should also be recognized in divorce initiated by the wife, promoting equitable treatment and advancing gender justice within Islamic law. These findings contribute to both theoretical discourse and legal practice by integrating maqashid shari’ah, mubadalah, and legal justice theory, offering a normative framework for ensuring fairness in divorce litigation. The study also underscores the need for empirical research to complement the normative analysis and further strengthen legal policy and judicial practice.
Reconceptualizing Inheritance Law in Indonesia’s Islamic Compilation (KHI): A Normative Reassessment Through the Lens of Ibn Mas‘ud’s Jurisprudence Hafidz, Jibran; Harahap, Muhammad Haikal Khadafi
Sakina: Journal of Family Studies Vol 9 No 3 (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.v9i3.16043

Abstract

The Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) in Indonesia, particularly in its inheritance provisions, continues to exhibit normative gaps that may result in inequities in the distribution of estates. This study seeks to reconceptualize key aspects of inheritance law in the KHI by drawing on the jurisprudential perspectives of the Prophet’s companion, Ibn Mas‘ud. Using a juridical-normative methodology, enriched with conceptual and comparative approaches, the article examines eight core areas of Islamic inheritance law: the inheritance rights of grandchildren as ashab, the legal position of granddaughters in the presence of daughters or great-grandchildren, the status of consanguine and uterine siblings, inheritance rights of cousins, the application of the radd principle, and the hijab (exclusion) mechanism involving grandfathers. The findings reveal that Ibn Mas‘ud’s reasoning prioritizes substantive justice and maslahah (public interest), diverging from the jumhur ulama who typically adhere strictly to classical doctrines of furudh and qiyas. His approach demonstrates greater adaptability to contemporary socio-legal realities, especially in protecting the rights of heirs who may otherwise be marginalized under a rigid framework. Based on these insights, the article proposes a reinterpretation of several KHI provisions, particularly those concerning heir eligibility, the rights of siblings and cousins, and the standing of grandfathers and granddaughters. This reconceptualization aims to foster an Islamic inheritance law framework in Indonesia that is both doctrinally grounded and socially responsive.
Dispensing with Age? Marriage Dispensation, Household Resilience, and the Tensions Between Islamic and State Law Khafid, Muhamad; Ash Shabah, Musyaffa Amin; Hamid, Nor 'Adha Ab
Sakina: Journal of Family Studies Vol 9 No 3 (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.v9i3.16724

Abstract

Although Law No. 16 of 2019 stipulates a minimum marriage age of 19, marriage dispensation requests remain prevalent in Bekasi, highlighting a persistent gap between legal regulation and social practice. This study examines the judicial considerations underlying the granting of marriage dispensation in the Bekasi Religious Court, applying an empirical case study approach supported by literature review and document analysis. The principles of al-Maqashid al-Khamsah were employed to evaluate the judges’ reasoning. The findings reveal that the dispensation was granted primarily due to the close relationship between the petitioner and the respondent, alongside parental concerns regarding potential adverse consequences if the request was denied. The decision was legally grounded in Articles 8–10 of the Marriage Law and Articles 39–43 of the Compilation of Islamic Law, which permit marriage despite non-compliance with the statutory age requirement. However, such dispensations carry potential risks for marital stability, particularly in psychological, social, and economic domains. This study contributes to the discourse on judicial discretion by demonstrating how al-Maqashid al-Khamsah can serve as a normative framework for balancing legal, religious, and social considerations. It underscores the necessity for judges to weigh not only immediate familial concerns but also the long-term resilience of households, thereby ensuring that judicial decisions safeguard the welfare of couples and future generations.

Page 42 of 44 | Total Record : 432

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