cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ramadhita
Contact Email
sakina@uin-malang.ac.id
Phone
-
Journal Mail Official
sakina@uin-malang.ac.id
Editorial Address
Fakultas Syariah UIN Maulana Malik Ibrahim Malang Jl. Gajayana 50 Kota Malang
Location
Kota malang,
Jawa timur
INDONESIA
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 443 Documents
 41   42   43   44   45 
Implementation of Progressive Law in Post-Divorce Alimony Rights in Obscuur Libel Verdict (Case Study of Decision No. 2276/Pdt.G/2023/PA.Bgl) Falakh, Mokhamad Fajrul
Sakina: Journal of Family Studies Vol 9 No 4 (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.v9i4.19674

Abstract

The case that occurred at the Bangil Religious Court with Number: 2276/Pdt.G/2023/PA.Bgl. In the lawsuit, the plaintiff sued cumulatively with the support of the wife after the divorce and child support. However, the Panel of Judges rejected all lawsuits about alimony rights filed by the plaintiff against the defendant and only granted the divorce lawsuit because of the lawsuit about obscuur libel alimony rights. The analysis used using the perspective of progressive law Sajtipto Rahardjo is related to justice in deciding divorce cases with the right to support the wife and children after the divorce which was rejected on the grounds of the obscuur libel lawsuit. The purpose of this study is to analyze and describe how the decision Number: 2276/Pdt.G/2023/PA. Bgl whether it is in accordance with positive law in Indonesia and uses the perspective of Prarogresive Law of Satjipto Rahardjo. The result of this investigation is that the verdict is not in line with the positive law and the progressive law of Satjipto Rahardjo. In deciding a case, it is not only based on dogma-normatives but also must consider justice and conscience in decideing. The decision does not meet the elements in the perspective of Satjipto Rahardjo's Progressive Law, namely flexibility, social justice, human rights, and change. This can be seen from the decision which only looks at the formal aspect of the lawsuit, does not give the rights that should be given to the wife and children, does not provide justice to the victim, and does not provide a change for the better after the case is decided.
Reorienting Jamāluddīn ‘Aṭiyyah’s Maqāṣid al-Usrah in the Regulation of Polygamy in the Indonesian Compilation of Islamic Law Musadad, Ahmad; Choiri, Muttaqin; Qomaro, Galuh Widitya; Fauzi, Alfa Zaidanil; Imamuddin, Imamuddin; Pujiati, Tri
Sakina: Journal of Family Studies Vol 9 No 4 (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.v9i4.19984

Abstract

This article discusses the reconstruction and reorientation of polygamy regulations in the Compilation of Islamic Law (KHI), specifically Articles 55–59, through the philosophical framework of maqāṣid al-usrah developed by Jamāluddīn ‘Aṭiyyah. This research is crucial given that the KHI, having been in force for over 30 years, requires a new reading (the expedient of re-interpretation) to preserve the values of maqāṣid in facing contemporary social dynamics. This qualitative study, utilizing a library research method and content analysis, aims to explore the maqāṣid values and evaluate their alignment with Indonesia’s positive legal norms. The analysis results indicate that the KHI implicitly integrates three core dimensions of ‘Aṭiyyah’s maqāṣid al-usrah, namely taḥqīq al-sakīnah wa al-mawaddah wa al-raḥmah, tanẓīm al-’alāqah bayn al-jinsayn, and tanẓīm al-jānib al-mālī li al-usrah, primarily through the key requirement of acting justly (Article 55 Paragraph 2) and the necessity of obtaining permission from the Religious Court (Article 56). ‘Aṭiyyah’s concept, which demands psychological and emotional justice (al-’adālah al-nāfsi-yah wa al-wijdāni-yah), provides a strong foundation for reorienting the interpretation, shifting the focus from formal procedure to the substance of the objective. The article recommends adding ethical and social clauses (such as psychological assessment) and explicitly integrating the maqāṣid al-usrah principles into the KHI, so that Islamic family law can serve as a contextual, humanistic, and solution-oriented guide in realizing substantive justice and protecting family sakīnah.
Judicial Formalism and Women’s Economic Rights After Divorce: A Feminist Legal Study of a Religious Court Decision Umah, Rahma Khofifah Khoirun; maftukhin, Maftukhin
Sakina: Journal of Family Studies Vol 9 No 4 (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.v9i4.19522

Abstract

Religious court adjudication in divorce cases in Indonesia continues to exhibit a strong reliance on judicial formalism, often at the expense of substantive gender justice. One manifestation of this tendency is the rejection of post-divorce economic claims by former wives, particularly in cases involving civil servant salaries. This study examines a Religious Court decision that denied a former wife’s claim to a one-third allocation of her ex-husband’s salary, despite her demonstrated economic vulnerability following divorce. The research aims to critically analyze the judicial reasoning underlying this rejection and to assess the extent to which women’s economic rights are accommodated within religious court practice from a Feminist Legal Theory perspective. Employing a normative juridical method, the study integrates a case-based and conceptual approach through an analysis of court decisions, statutory regulations, and feminist legal scholarship. The findings reveal that the judges’ reasoning is predominantly procedural and formalistic, focusing narrowly on the husband’s economic capacity while disregarding the wife’s non-monetary contributions during marriage, such as domestic and reproductive labor. This approach effectively marginalizes women’s lived experiences and reinforces gendered economic inequality after divorce. The study contributes to Islamic family law scholarship by demonstrating how judicial formalism can undermine the protective function of post-divorce economic rights. By applying Feminist Legal Theory as a critical analytical tool, this research highlights the need for a more substantive, gender-responsive interpretation of family law to ensure equitable outcomes for economically vulnerable women, particularly former wives of civil servants.
Islamic Family Law Reform in Indonesia, Türkiye, and Tunisia: A Pierre Bourdieu Perspective Moch. Ahsin Maulana
Sakina: Journal of Family Studies Vol 10 No 1 (2026): 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.v10i1.25175

Abstract

This research is motivated by the tension between the modernization of Islamic family law and the resistance of conservative groups in Muslim-majority countries. The primary research problem examines how the sociological and intellectual backgrounds of reformist actors influence the reception and implementation of law in Indonesia, Türkiye, and Tunisia. The novelty of this study lies in the application of Pierre Bourdieu’s Social Practice Theory to dissect the dynamics of legal reform, an approach that transcends conventional textual analysis by highlighting the role of human agency. The research method is qualitative with a comparative study approach. The data corpus is derived from historical literature, the biographies of central figures such as Kartini, Rohana Kudus, Mustafa Kemal Atatürk, and Habib Bourguiba, as well as formal legal manuscripts including Indonesia's 1974 Marriage Law, the Turkish Civil Code, and the Tunisian Code of Personal Status. Bourdieu's theoretical lens is used to analyze the interconnectedness between habitus (mental disposition), capital (cultural and symbolic capital), and field (the arena of legal contestation). Comparative findings indicate three primary patterns: radical secularization in Türkiye which abolished Islamic law, progressive state-led ijtihad in Tunisia that prohibited polygamy, and a gradual-dialectic in Indonesia that synthesized religious law with state administration. This study concludes that the success of legal reform depends heavily on the actors' ability to capitalize on symbolic capital to transform social habitus.
Judicial Protection of Women’s Maintenance Rights in Wife-Initiated Divorce: A Study of Religious Court Decisions in East Java Dwi Safira Wardana; Muhammad Rasydan bin Junoh
Sakina: Journal of Family Studies Vol 10 No 1 (2026): 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.v10i1.25294

Abstract

Divorce has significant legal consequences, particularly regarding the rights and obligations of former spouses after the dissolution of marriage. One critical issue concerns women’s right to maintenance following divorce, especially in cases initiated by wives (cerai gugat), where judicial practice often shows varying outcomes. This study aims to analyze judges’ legal considerations in determining women’s maintenance rights in wife-initiated divorce cases and to examine the implementation of Supreme Court Regulation (PERMA) No. 3 of 2017 concerning Guidelines for Adjudicating Cases Involving Women in Conflict with the Law. This research employs normative legal research with a case approach. The data were obtained through the analysis of five Religious Court decisions: Pasuruan Number 0410/Pdt.G/2025/PA.Pas, Probolinggo Number 639/Pdt.G/2025/PA.Prob, Sidoarjo Number 3617/Pdt.G/2025/PA.Sda, Surabaya Number 4099/Pdt.G/2025/PA.Sby, and Malang Number 51/Pdt.G/2025/PA.Mlg. The findings indicate that judges’ considerations in determining women’s maintenance rights are influenced by several factors, including the causes of divorce, the parties’ economic conditions, the wife’s contributions during the marriage, and the application of women’s protection principles as regulated in PERMA No. 3 of 2017. The study further reveals that some judges adopt a substantive justice approach by granting maintenance rights despite the divorce being initiated by the wife. The novelty of this research lies in its comparative analysis of court decisions, which identifies patterns of inconsistency as well as a gradual shift toward gender-sensitive judicial reasoning. This study contributes to formulating ideal standards of legal reasoning for judges and emphasizes the importance of integrating gender perspectives in ensuring effective protection of women’s post-divorce maintenance rights.
Justice Brokers: Examining Women’s Rights in the Polygamy Process in Gorontalo City Muhammad Syakir Al Kautsar; Ajub Ishak; Nurul Mahmudah; Elfa Murdiana
Sakina: Journal of Family Studies Vol 10 No 1 (2026): 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.v10i1.23791

Abstract

The protection of women’s rights in the process of polygamy in Gorontalo City is a crucial issue that requires careful examination to emphasize the fundamental objectives of Islamic law. Legal protection represents an important manifestation of Islamic law’s goals in realizing justice, public welfare, and the protection of individual rights, particularly those of women. In this context, attention is directed to the preventive role of the Religious Court as well as the potential negligence of justice intermediaries (justice brokers) in prioritizing the protection of women’s rights, which can be analyzed through the perspective of maqāṣid al-sharī‘ah. Using the maqāṣid al-sharī‘ah framework, this study evaluates whether polygamous practices in Gorontalo City fulfill the objectives of Islamic law, including the protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). The findings indicate that several challenges remain in both regulatory structures and practical implementation, particularly regarding weak verification mechanisms, unequal power relations within families, and the limited role of justice brokers in ensuring that women’s rights are fully considered during the legal process. From the perspective of justice theory proposed by John Rawls, the protection of women’s rights requires fairness in access to information and equal bargaining positions in decision-making. When the first wife lacks adequate information or experiences pressure to consent to polygamy, the process fails to meet the principle of justice as fairness. Therefore, strengthening the role of the Religious Court, improving oversight of justice brokers, and ensuring transparency in legal information are essential steps toward protecting women’s rights and achieving justice in polygamous practices.
Legal Certainty, Institutional Capacity, And Social Utility: Reassessing Indonesia’s Waqf Law in Advancing Productive Waqf Incubation Slamet Slamet; Mochammad Arifin
Sakina: Journal of Family Studies Vol 10 No 1 (2026): 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.v10i1.24723

Abstract

Waqf is an Islamic philanthropic institution that has historically played an important role in supporting social welfare and economic development in Muslim societies. In Indonesia, the increasing demand for productive and sustainable waqf management has encouraged the modernization of the legal framework and governance of waqf. This study aims to analyze the progressiveness of the national waqf legal framework in supporting the development of productive waqf, particularly through the nazhir incubation program. The focus of the study is directed at Law Number 41 of 2004 concerning Waqf and Government Regulation Number 42 of 2006 as the primary legal foundations governing waqf management in Indonesia. To date, there remain limited studies that specifically assess whether these regulations adequately provide a legal framework for institutionalizing nazhir incubation programs as a mechanism to enhance the professionalism of waqf managers. This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that although waqf regulations have provided a legal basis for the development of productive waqf, their effectiveness still faces several challenges. These include a normative gap reflected in the absence of explicit regulation concerning nazhir incubation, an institutional gap caused by weak coordination among waqf-related institutions, and a human resource gap related to limited professionalism and managerial capacity of nazhirs. Therefore, strengthening regulatory frameworks and institutionalizing nazhir incubation programs are strategic steps to enhance the effectiveness of productive waqf management in Indonesia.
Transformation of Parental Supervision in Reducing LGBT Risk in Banda Aceh City: Analysis of The Concept of Muraqabah and Hadhanah Qanita Nasir; Saifuddin Sa'dan; Gamal Achyar
Sakina: Journal of Family Studies Vol 10 No 1 (2026): 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.v10i1.24956

Abstract

This research analyzes the phenomenon of sexual deviance (LGBT) in Banda Aceh City, which emerged as a consequence of shifting social values driven by globalization and the penetration of unfiltered digital technology. Despite the formal implementation of Islamic Law, Banda Aceh City, as an urban hub and higher education center, has experienced a weakening of communal social control, providing space for clandestine communities. The primary objective of this study is to dissect the role of parenting and the effectiveness of parental supervision in protecting adolescent morality from the perspectives of both Islamic and positive law. Utilizing a qualitative field research methodology, primary data were gathered through in-depth interviews with parents residing in Banda Aceh City. The findings reveal that parental supervision in this region is categorized into two distinct typologies: direct physical supervision through the enforcement of a strict 10:00 PM curfew for co-residing families, and digitally mediated supervision for migrant children that prioritizes deep emotional bonding. Empirically, the internalization of the muraqabah concept a transcendental awareness of divine supervision has proven to be a more effective internal control mechanism for maintaining a child's natural disposition (fitrah) compared to mere physical monitoring. These results confirm that strengthening family functions through the holistic principles of guidance, affection, and nurturing (asah, asih, asuh) serves as the fundamental preventive instrument in safeguarding the moral integrity and dignity of children amidst contemporary global challenges.
Digital Estate Planning for Crypto Assets: A Synergetic Analysis of Indonesian Fatwas and Farā’iḍ Principles Deva Fahreza Haryadi; Musyaffa Amin Ash Shabah
Sakina: Journal of Family Studies Vol 10 No 1 (2026): 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.v10i1.25106

Abstract

The significant growth of cryptocurrency adoption in Indonesia, with over 18 million investors by 2025, creates new urgency in contemporary Islamic legal discourse, particularly regarding digital asset inheritance. This article explores the position of cryptocurrency as an inheritance object through evaluation of the requirements of mal in Islamic fiqh. Normative legal research methods with descriptive-analytical approaches analyze primary sources including the Qur'an, Hadith, and MUI Fatwas, along with classical-contemporary fiqh literature. Findings reveal that cryptocurrency fulfills five fundamental requirements as mal: measurable economic value through global market capitalization, legitimate ownership based on private key cryptography, storage capability through digital wallets, halal benefits as a medium of exchange, and public recognition reflected in Bappebti regulations. Cryptocurrency can be categorized as mal ma'nawi with hybrid characteristics combining elements of 'urudh tijariyyah, mal mitsli, mal mutaqawwim, and mal manqul. Although MUI Fatwa Number 116/DSN-MUI/IX/2017 does not explicitly discuss cryptocurrency as an inheritance object, its fundamental principles provide a legitimacy foundation as long as it does not contain riba, excessive gharar, maysir, or illegal purposes. Practical implications reveal significant challenges related to access dependency on private keys. This article recommends developing comprehensive specific fatwas, digital asset inheritance regulations, and increasing Muslim community literacy on cryptocurrency inheritance management.
The Legal Status of Digital Assets as Inheritance Objects from the Perspective of Islamic Inheritance Law Jibran Hafidz
Sakina: Journal of Family Studies Vol 10 No 2 (2026): 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.v10i2.26464

Abstract

The development of digital technology has transformed the concept of property ownership, including the emergence of digital assets such as cryptocurrency, NFTs, electronic wallets, and digital accounts with economic value. This phenomenon raises legal issues in Islamic inheritance law, particularly regarding whether digital assets can be classified as objects of inheritance. This study aims to analyze the legality of digital assets as objects of inheritance from the perspective of Islamic inheritance law. The method used in this study is library research with a conceptual approach through an examination of legal doctrines, principles of Islamic inheritance, and contemporary literature on digital assets. The findings indicate that digital assets may be positioned as objects of inheritance if they fulfill the elements of al-māl, namely having economic value, being lawfully owned, being beneficial, being transferable, and not contradicting sharia principles. Digital assets may also fall within the category of tirkah if their ownership, value, and access can be clearly proven. However, certain types of digital assets, particularly cryptocurrency, require careful assessment because they are highly volatile and may potentially contain elements of gharar, dharar, and qimar. Therefore, the legality of digital assets as objects of inheritance is not absolute, but depends on the validity of ownership, the clarity of the object, lawful benefit, and the possibility of technical access by the heirs.

Page 44 of 45 | Total Record : 443

 41   42   43   44   45 

Filter by Year

2017 2026


Reset
Filter By Issues
All Issue Vol 10 No 2 (2026): Sakina: Journal of Family Studies Vol 10 No 1 (2026): Sakina: Journal of Family Studies Vol 9 No 4 (2025): Sakina: Journal of Family Studies Vol 9 No 3 (2025): Sakina: Journal of Family Studies Vol 9 No 2 (2025): Sakina: Journal of Family Studies Vol 9 No 1 (2025): Sakina: Journal of Family Studies Vol 8 No 4 (2024): Sakina: Journal of Family Studies Vol 8 No 3 (2024): Sakina: Journal of Family Stidues Vol 8 No 2 (2024): Sakina: Journal of Family Studies Vol 8 No 1 (2024): Sakina: Journal of Family Studies Vol 7 No 4 (2023): Sakina: Journal of Family Studies Vol 7 No 3 (2023): Sakina: Journal of Family Studies Vol 7 No 2 (2023): Sakina: Journal of Family Studies Vol 7 No 1 (2023): Sakina: Journal of Family Studies Vol 6 No 4 (2022): Sakina: Journal of Family Studies Vol 6 No 3 (2022): Sakina: Journal of Family Studies Vol 6 No 2 (2022): Sakina: Journal of Family Studies Vol 6 No 1 (2022): Sakina: Journal of Family Studies Vol 5 No 4 (2021): Sakina: Journal of Family Studies Vol 5 No 3 (2021): Sakina: Journal of Family Studies Vol 5 No 2 (2021): Sakina: Journal of Family Studies Vol 5 No 1 (2021): Sakina: Journal of Family Studies Vol 4 No 4 (2020): Sakina: Journal of Family Studies Vol 4 No 3 (2020): Sakina: Journal of Family Studies Vol 4 No 2 (2020): Sakina: Journal of Family Studies Vol 4 No 1 (2020): Sakina: Journal of Family Studies Vol 3 No 4 (2019): Sakina: Journal of Family Studies Vol 3 No 3 (2019): Sakina: Journal of Family Studies Vol 3 No 2 (2019): Sakina: Journal of Family Studies Vol 3 No 1 (2019): Sakina: Journal of Family Studies Vol 2 No 4 (2018): Sakina: Journal of Family Studies Vol 2 No 3 (2018): Sakina: Journal of Family Studies Vol 2 No 2 (2018): Sakina: Journal of Family Studies Vol 2 No 1 (2018): Sakina: Journal of Family Studies Vol 1 No 2 (2017): Sakina: Journal of Family Studies Vol 1 No 1 (2017): Sakina: Journal of Family Studies More Issue