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Contact Name
Al-Manhaj: Journal of Indonesian Islamic Family Law
Contact Email
fasya@iainmadura.ac.id
Phone
-
Journal Mail Official
almanhaj@iainmadura.ac.id
Editorial Address
Program Studi Hukum Keluarga Islam Fakultas Syariah IAIN Madura
Location
Kab. pamekasan,
Jawa timur
INDONESIA
Al-Manhaj: Journal of Indonesian Islamic Family Law
ISSN : 27145522     EISSN : 27150097     DOI : -
Al-Manhaj: Journal of Indonesian Islamic Family Law (ISSN 2714-5522; E-ISSN 2715-0097) published twice a year, always places Islamic Family Law, and Islamic Civil Law in the central focus of academic inquiry and invites any comprehensive observation of Islam Family Law as a normative Islam and a system of society and Muslims as those who practice the religion with their many facets. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of Islamic Civil law. In the beginning the journal only served as a scholarly forum for the lecturers, professors, and students at the State Institute of Islamic Studies. However, due to the later development, the journal has successfully invited scholars and researchers outside the Institute to contribute.
Articles 85 Documents
Protection of Families with Disabilities; A Juridical and Maqashid Shariah Analysis Partiah, Siti; Bin Ali Samson, Umar Abdul Aziz; Subakti, Try
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v7i1.20261

Abstract

A disparity in service delivery persists for individuals and family with disabilities, hindering their equal access to rights under the law. Observational data from the 2024 elections reveals that many individuals with disabilities were disenfranchised due to factors such as inaccessible voting facilities, inadequate support from officials, and familial perceptions of them as a burden. This situation is at odds with existing legislation, which should prioritize family protection beyond mere formal recognition of human rights. This study examines legal protection for individuals with disabilities through the lens of Maqashid Shariah, utilizing a qualitative library research approach that analyzes relevant legislation, human rights principles, and Maqashid Shariah frameworks. The research findings highlight that Law Number 8 of 2016 provides legal safeguards for families with disabilities, guaranteeing fundamental rights such as life, education, and employment. These protections align with the five essential objectives of Maqashid Shariah, underscoring their relevance to both national and religious goals.
The Lineage Status of the Child Born from Zina: A Comparative Analysis of Islamic Law and Indonesian Positive Law Santika, Sovia; Musthafa, Halum; Hasibuan, Marzuki Hafiz Alhamdani
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v7i1.11907

Abstract

The development of the times and the influence of Western culture have altered the patterns of behavior in society, particularly among the younger generation, who increasingly neglect lega l norms and religious values. One of the impacts of this change is the rise in cases of extramarital sexual relations, which give rise to social and legal issues, especially concerning the status and position of children born from zina. This study aims to examine in depth the lineage status (nasab) of children born from zina on the perspective of Islamic law and Indonesia's positive law, with a focus on the dynamics following the controversial Constitutional Court Decision No. 46/PUU-VIII/2010 regarding the recognition of the status of such children. The research method used is library research with a qualitative descriptive approach, in which data were obtained from various sources such as books, scholarly journals, legislation, and court decision documents. The findings show a significant difference between Islamic law and positive law regarding the status of children born form zina. Islamic law explicitly states that such a child only has a lineage relationship with the mother and her family, without any rights to inheritance, financial support, or guardianship from the biological father. Meanwhile, Indonesian positive law, particularly after the Constitutional Court’s ruling, allows for the recognition of civil relationships between a child born out of wedlock and the biological father through legal channels, which carries implications for inheritance rights, financial support, and legal status. This study argues that the decision is not in line with the principles of Islamic teachings and potentially undermines the sanctity of the institution of marriage. Therefore, a regulation is needed that can bridge the interests of positive law and the values of sharia.
Etic and Emic Perspectives on the Notopē Lolos Post-Marriage Tradition in Madura Masrufah; Abdul Jalil; Akhtiar, Muhammad Najid
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v7i1.19749

Abstract

The Notopē Lolos tradition serves as a vital mechanism in maintaining harmony, building social legitimacy, and strengthening cultural identity in Madurese society. This tradition is not only a ritual but also a symbolic and social structure with meaning and values. Therefore, the emic and etic approaches become essential in deeply and contextually explaining how a culture is understood. This research is an empirical study using an anthropological approach. It aims to examine the cultural study of the Notopē Lolos tradition after marriage in Madura, the local wisdom values embedded within it, and its implications for family harmony in Madura. The findings show that by employing both emic and etic approaches within an anthropological framework, this study presents a comprehensive understanding of the Notopē Lolos tradition as a social institution that plays a crucial role in the kinship structure of Madurese society. The local wisdom manifested in this tradition not only strengthens cultural identity but also preserves social stability and harmony among individuals and families within the community. The Notopē Lolos tradition significantly contributes to family harmony in Madura, particularly when understood and practiced based on its underlying values. Therefore, Notopē Lolos endures not merely as a cultural heritage but also as a functional social instrument for maintaining family harmony.
The Environmental Practices of Coastal Muslim Families from the Perspective of Fiqh al-Bi’ah El Amin, Faris; Jalil, Abdul; Fauzi, Achmad; Wahed, Abd.; Furqoni, Aminullah
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v7i1.19998

Abstract

Muslim families in coastal areas face complex ecological challenges stemming from marine resource exploitation, pollution, and limited environmental awareness. This study employs a qualitative empirical approach, with data collected through observation, interviews, and documentation of Muslim households in coastal communities. Data were analyzed using a descriptive-analytical method and interpreted within the framework of fiqh al-bi’ah (Islamic environmental jurisprudence). The findings reveal that while positive practices—such as the provision of household waste bins—are already in place, unsustainable behaviors persist, including open burning and sea dumping once bins are full. The availability of household waste bins serves as the primary supporting factor for pro-environmental behavior, whereas the absence of village-level Temporary Disposal Sites (TPS) and limited ecological awareness among coastal families act as major constraints. From the perspective of fiqh al-bi’ah, practices such as burning and sea dumping constitute ḍarar (harm), as they generate social problems, degrade marine ecosystems, and threaten both biodiversity and human health. This study highlights the urgent need to strengthen environmental awareness among coastal Muslim families through religious-ethical frameworks to ensure ecological sustainability.
Prevention of the Trend of Rational Choices Among Millennials in Early Marriage in Yogyakarta Sumarkan, Sumarkan; Syihabuddin, Atok; Dikuraisyin, Basar; bin Abd. Ghani, Amirul Haqeem
Al-Manhaj: Journal of Indonesian Islamic Family Law Vol. 7 No. 1 (2025)
Publisher : Fakultas Syariah IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-manhaj.v7i1.22057

Abstract

This research reveals a new trend in the phenomenon of early marriageamong the millennial generation. The motives for early marriage haveundergone a transformative change, no longer driven by tradition, parentalintervention, cultural norms, or religious figures, but rather influenced byknowledge and personal choice as a result of digital applications. The studyalso describes the preventive measures taken by judicial institutions toprevent early marriage. This research is qualitative in nature, with primarydata obtained through interviews and document studies, includinginterviews with a sample of millennials and two judges from the YogyakartaReligious Court.. Key findings of this study are, first, the transformation ofearly marriage trends in Yogyakarta City stems from changes in social andlegal norms shaped by digital figures, trends, and framing. Thetransformation in millennials' thinking when making decisions about earlymarriage is due to compliance with norms and the most rational choice. Theydecided to marry early because it provided economic security amid economichardship. Second, judicial prevention is carried out through the issuance ofStandard Operating Procedures (SOPs) in courts for the legislation of earlymarriage applications through the SIDIKA application, as it aims to protectpersonal, social, and economic interests, which are part of the public interest(maslahah mulghah) aligned with the dimensions of maqasid shariah.