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Wahyu Saputra
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Al-Syakhsiyyah : Journal of Law and Family Studies
Published by Institusi Agama Islam Negeri Ponorogo
ISSN : 27156699     EISSN : 27156672     DOI : https://doi.org/10.21154/syakhsiyyah
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Al Syakhsiyyah (Journal Of Law and Family Studies) diterbitkan oleh Program Studi Hukum Keluarga Islam Fakultas Syariah IAIN Ponorogo 2 kali dalam setahun. Jurnal ini dimaksudkan sebagai wadah pemikiran yang terbuka bagi semua kalangan. Artikel yang diterbitkan dalam jurnal ini berupa tulisan-tulisan ilmiah tentang pemikiran konseptual, kajian pustaka, maupun hasil penelitian dalam bidang hukum dan hukum keluarga Islam yang belum pernah dipublikasikan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 169 Documents
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Moralization and Decriminalization of Consensual Adultery Punishment from the Perspective of Islamic Criminal Law and the New Criminal Code Haniyah, Haniyah; Handayani, Budi; Samawati, Wiati
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 2 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i2.11215

Abstract

The reformulation of morality-based criminal offenses in the New Indonesian Criminal Code (KUHP), particularly regarding the criminalization of consensual adultery, raises questions about the limits of state intervention in the private sphere of citizens. In contrast, Islamic criminal law considers adultery (zina) as a jarimah with strong normative and theological foundations, accompanied by strict evidentiary requirements. This study compares the criminalization of adultery in the New KUHP, particularly Articles 411 and 412, with Islamic criminal law, while examining the influence of legal politics and moral value sources on both systems. The research employs a normative legal methodology with conceptual, statutory, and comparative approaches, and analyzes primary and secondary data qualitatively through systematic and contextual reading. The findings show that the New KUHP emphasizes social morality through a complaint-based offense mechanism, limiting state intervention in private matters, while still upholding moral norms. Islamic criminal law, on the other hand, treats adultery as a violation of divine and social order, but its strict evidentiary mechanisms and the principle of dar’ al-ḥudūd bi al-shubuhāt prevent arbitrary criminalization and protect individual rights. These findings highlight the importance of balancing collective moral values, respect for private space, and legal certainty in shaping criminal policy. This study is expected to serve as a reference for national criminal law reform and to broaden cross-system understanding of the relationship between morality, individual rights, and criminalization policy.
Legal Dissonance and Social Consequences of Unregistered Ṭalāq in Indonesia Nasrulloh, Muhammad; Ermawan, Mohamad Zakky Ubaid; Thoriquddin, Moh.; Anam, Khoirul
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 2 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i2.11686

Abstract

This study explores the legal dissonance and social consequences arising from the widespread practice of unregistered ṭalāq in Indonesia. It aims to examine the normative conflict between fiqh-based principles and state law, and its implications for husbands, wives, and children. Using normative legal research with a conceptual and descriptive approach, the study finds that unregistered ṭalāq contributes to systemic legal uncertainty and structural inequality, particularly disadvantaging women and children. Legal complications include ambiguous marital status, limitations on remarriage, and procedural obstacles in court and civil registration. Husbands may face the risk of ṭalāq repetition across normative systems, potentially leading to unintended final divorce, alongside repeated obligations related to nafaqah and muṭʿah. Wives face prolonged ʿiddah, abandonment, and disproportionate legal burdens, while children are exposed to psychological distress and a lack of enforceable custodial rights. To address these issues, this paper proposes the institutionalization of ṭalāq validation (isbat ṭalāq) as a harmonizing mechanism between religious and state legal systems, aiming to restore legal certainty, protect vulnerable parties, and promote justice in marital dissolution.
The Implementation of Maqāṣid Al-Syarīʻah by Mediator Judges in Divorce Mediation at the Watampone Religious Court Class 1A Margono, Farhan; Rahmawati, St; faturahman, faturahman
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 7 No. 2 (2025)
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v7i2.11687

Abstract

This research aims to analyze the application of the principles of maqāṣid al-syarīʻah by mediator judges in the mediation process of divorce cases at the Class 1A Watampone Religious Court.  The principles that make the application of the five basic maqāṣid al-syarīʻah (ḥifẓ al-dīn, ḥifẓ al-nafs, ḥifẓ al-‘aql, ḥifẓ al-nasl, and ḥifẓ al-māl) internalized in the mediation strategy and approach by the mediator judge to maintain the integrity of the household and prevent divorce. This research uses a qualitative approach with a field study design. Data was collected through interviews, observation and documentation, then analyzed using Miles and Huberman's interactive model. The results of the study indicate that although mediation has great potential in reducing divorce rates, its effectiveness is highly dependent on the competence of the mediator judge and the emotional readiness of the parties. The principle of maqāṣid al-syarīʻah is used by the mediator judge as a value-oriented mediation approach from the beginning of the mediation process until the divorce trial process becomes a reflection to avoid harm, promote peace and consider the socio-spiritual impact on children. However, the effectiveness of conflict resolution still requires institutional support and ongoing training for mediators. Therefore, this study recommends strengthening the capacity of mediator judges through contextual and solution-based maqāṣid training to create a more beneficial and long-term oriented mediation approach.
Nikāḥ Muḥallil as Legal Stratagem: Ethical Challenges in Contemporary Islamic Family Law Lina Nur Anisa
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026): In Press
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.11601

Abstract

This study aims to analyze the legal validity and ethical legitimacy of nikāḥ muḥallil in contemporary Islamic law, particularly within the discourse on Islamic family law in Indonesia and Muslim countries. The research focuses on the tension between classical fiqh constructs that allow reconciliation after ṭalāq bā’in kubrā and contemporary critiques of the practice of marriage engineering, which is viewed as a form of ḥīlah and as the manipulation of divorce law. The research employs a normative-doctrinal method with a conceptual approach, maqāṣid al-sharīah, and comparative madhhab analysis. Primary sources include Qur’anic verses, hadith, and classical fiqh literature on divorce and remarriage, while secondary sources consist of contemporary studies on Islamic family law, maqāṣid, and gender justice. Analysis is conducted qualitatively through normative interpretation to assess the alignment between formal fiqh constructs and the substantive objectives of marriage in Islam. The research findings indicate that although nikāḥ muḥallil may be deemed legally valid within certain school frameworks, its ethical legitimacy weakens when the marriage is intentionally performed to facilitate the remarriage of a former spouse. This practice contradicts the maqāṣid objectives of marriage, particularly the protection of dignity, justice, and sincerity of intent. It has the potential to position women as procedural instruments in divorce manipulation. This study contributes to the development of a maqāṣid-based reinterpretation of Islamic family law to reconcile formal legality with ethical integrity in contemporary marriage practices.
Reinterpreting Iddah Through Family Resilience Theory: Socioeconomic Experiences of Widows in Rural Indonesia Chelsa Lathifa Annada; Layyin Mahfiana; Riffat Shahzady
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026): In Press
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.12627

Abstract

This study investigates the challenges widows face during the iddah period following their husbands' deaths in Ngawen Village, Klaten Regency, Indonesia, with particular attention to differences in occupational background and educational level. Employing a qualitative case study design, the research collected primary data through semi-structured, in-depth interviews with purposively selected participants, including homemakers, small traders, and informal workers. These data were complemented by documentary analysis and village demographic records. The findings were analyzed using content analysis grounded in Froma Walsh’s family resilience theory. The study reveals that widows experience distinct forms of vulnerability and adaptation depending on their socioeconomic background. Homemakers tend to rely heavily on extended family support, traders demonstrate flexible economic coping strategies, while informal workers undergo significant personal transformation to sustain family survival. Adaptation mechanisms also include participation in socio-religious activities and the application of the principle of al-dlarurat tubih al-mahzhurat to negotiate between religious norms and practical necessities. This study contributes empirically to the limited scholarship on iddah in rural Muslim communities. Theoretically, it supports a contextual reinterpretation of the Islamic Law Compilation (KHI) that remains aligned with the substantive objectives of sharia while strengthening widow resilience and community-based support systems.
Beyond Administrative Formality: Marriage Registration as a Maqāṣid-Based Legal Protection in Indonesia Wahyu Nur Cholis; Mowafg Abrahem Masuwd
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026): In Press
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.12840

Abstract

This study analyzes the application of maqāṣid al-sharīah in marriage registration policies in Indonesia, aiming to bridge the tension between the validity of marriage under fiqh and the administrative obligations under positive law. The focus of the study is on the social and legal implications of the practice of nikah sirri on the protection of women’s and children’s rights within Muslim families. The study employs a legal-normative method with a conceptual and statutory approach. The analysis examines the doctrine of maqāṣid al-sharīah developed by al-Ghazali, al-Shatibi, and Jasser Auda, and relates it to marriage regulations in Indonesia. Data were analyzed qualitatively through a normative interpretation of the objectives of Islamic law and national law. The results indicate that marriage registration serves not only as an administrative procedure but also as a shar‘iyyah instrument that protects religion, life, intellect, lineage, and property. This study contributes to strengthening the normative legitimacy of the obligation to register marriages while supporting the enhancement of legal certainty, justice, and the public interest for Muslim families in Indonesia.
Islamic Law, Social Perception, and the Normalization of Premarital Pregnancy in Rural Indonesia Insan Jaelan; Fatum Abubakar; Abdul Haris Abbas; Nursinita Killian; Ziaulrahman Mushkalamzai
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026): In Press
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.13191

Abstract

This study aims to analyze public perceptions of the rising phenomenon of out-of-wedlock pregnancies in Pangeo Village, Morotai Island Regency, and to examine the influence of Islamic legal perspectives on the community’s social constructs. The research focuses on the social impacts of promiscuity and the normalization of premarital pregnancy among adolescents and adult women. The study employs a qualitative, phenomenological approach based on fieldwork. Informants were selected through purposive sampling and included seven members of the Pangeo Village community. Primary data were collected through in-depth interviews and analyzed using Harvey and Smith’s theory of social perception to understand how the community’s social judgments regarding this phenomenon are formed. The results indicate that the community views out-of-wedlock pregnancy as unacceptable behavior, as it is perceived to have negative consequences for the morality and social lives of the younger generation. From an Islamic legal perspective, the validity of a relationship between a man and a woman is only recognized through a marriage that meets Sharia requirements. In contrast, relationships outside of marriage are viewed as contrary to the principles of moral protection and lineage. This study contributes to strengthening Islamic socio-legal studies regarding the relationship between religious norms, social perceptions, and local cultural dynamics in contemporary Muslim societies.
Legal Pluralism and Divorce Practices in the Baduy Indigenous Community: Negotiating Customary and Islamic Law in Indonesia Farhah Salsabila; Krismono Krismono; Mukhsin Achmad; Nizar Muh Faaruq Al Qudsi
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026): In Press
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.13195

Abstract

This study aims to analyze legal pluralism in divorce practices among the Baduy indigenous community in Kanekes Village, Lebak Regency, Banten, by comparing the Inner Baduy, Outer Baduy, and Islamic Baduy communities. The research focuses on the dynamics of the relationship between customary law and Islamic law in shaping patterns of acceptance of divorce within the indigenous community. This study is a field study employing a qualitative socio-legal approach. Data were collected through in-depth interviews, observations, and documentation of traditional leaders, religious figures, and the Baduy community. Analysis was conducted using a descriptive-interpretive approach to understand divorce practices within the context of traditional values, religion, and social change in the Baduy community. The results indicate varying levels of acceptance of divorce among the three communities. The Inner Baduy strictly uphold the prohibition against divorce as part of maintaining customary and communal harmony. The Outer Baduy demonstrate a more flexible pattern of adaptation through mediation and limited accommodation in divorce cases. At the same time, the Islamic Baduy are more inclined to follow Islamic legal principles that permit divorce as a last resort to avoid harm. Nevertheless, all communities continue to prioritize the integrity of the household as a core value. This study contributes to strengthening research on legal pluralism by demonstrating that the relationship between customary law and Islamic law is one of negotiation and adaptation rather than merely conflict.
Safeguarding Women’s Rights in Divorce in Absentia: The Role of Ex Officio Judicial Powers in Iddah Maintenance Rita Latassaqia; Sukron Ma'mun; Fitrat Umirov
Al-Syakhsiyyah: Journal of Law and Family Studies Vol. 8 No. 1 (2026): In Press
Publisher : Faculty of Shariah UIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v8i1.13570

Abstract

This study is motivated by the increasing number of divorce cases involving the absence of the wife, which raises significant concerns regarding the protection of women’s rights, particularly in relation to the fulfillment of iddah maintenance. In judicial practice, such absence frequently results in the non-fulfillment of these rights, thus necessitating legal innovation. This research examines the exercise of ex officio judicial authority to impose iddah maintenance in cases involving an absent wife, analyzed from the perspective of maṣlaḥah. Adopting a descriptive qualitative approach, the study analyses Decision No. 5573/Pdt.G/2023/PA.Sbr, which illustrates the court’s proactive role in safeguarding the wife’s rights notwithstanding her absence from the proceedings. This approach is consistent with the principle of maṣlaḥah, particularly in prioritizing primary necessities (ḍarūriyyāt). The findings indicate that ex officio authority is a vital instrument for addressing gaps in formal law and realizing substantive justice. In practice, this research provides a normative basis for standardizing the application of ex officio authority in default cases, with a view to reducing the neglect of women’s financial rights. It further offers strategic recommendations for the Supreme Court to develop technical guidelines requiring consideration of the wife’s rights in all divorce decisions involving absent parties. By institutionalizing progressive judicial reasoning, this study contributes to strengthening a system of religious justice that is responsive to women’s rights and oriented towards the public welfare.

Page 17 of 17 | Total Record : 169

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