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Contact Name
Opik Rozikin
Contact Email
rozikinopik@gmail.com
Phone
+6285862536992
Journal Mail Official
as.fsh@uinsgd.ac.id
Editorial Address
Program Studi Hukum Keluarga (Ahwal Syakhsiyyah) Fakultas Syariah Hukum, UIN Sunan Gunung Djati Bandung Jln. AH. Nasution No. 105 Bandung 40614 Telp/Fax. 022-7802278, E-mail: as.fsh@uinsgd.ac.id.
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Kota bandung,
Jawa barat
INDONESIA
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
ISSN : 27458741     EISSN : 27463990     DOI : 10.15575/as
Core Subject : Social,
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam, merupakan terbitan berkala ilmiah yang diterbitkan oleh Program Studi Hukum Keluarga (Al-Ahwal Al-Syakhsiyyah), Fakultas Syariah dan Hukum, Universitas Islam Negeri Sunan Gunung Djati Bandung. Tulisan yang diangkat dalam terbitan berkala ilmiah ini adalah tentang pemikiran hukum keluarga dan peradilan Islam. Jurnal Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam menggunakan bahasa utama Indonesia, sedang bahasa tambahannya adalah bahasa Inggris dan bahasa Arab. Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam terbit dua kali dalam setahun yaitu bulan Maret dan Septemeber.
Arjuna Subject : Umum - Umum
Articles 117 Documents
Praktik Rasan Tuha pada Masyarakat Suku Komering di Kabupaten Oku Timur Perspektif Hukum Keluarga Islam Yuliandasari, Marifa; Marwin; Hendriyadi
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46095

Abstract

Research was carried out with the traditional Rasan Tuha marriage practices among the Komering community in Ogan Komering Ulu Timur Regency and to assess their relevance in accordance with the principles of Islamic Family Law. The study examines the steps involved in the implementation, symbolic meanings, and socio-cultural values embedded in the practice, with an analysis of its conformity to the concept of ʿurf and the legal principle of al-ʿādatu muḥakkamah. The research employs a literature-based approach with a qualitative descriptive method and a normative perspective. Data were analyzed through content analysis to explore local cultural practices in connection with Islamic legal principles. The findings indicate that Rasan Tuha is still practiced through pre-marriage, marriage contract, and post-marriage stages, although some rituals have been simplified due to economic and efficiency considerations. The tradition continues to uphold values of deliberation, inter-family respect, and the strengthening of social bonds. From the perspective of Islamic Family Law, Rasan Tuha can be categorized as ʿurf ṣaḥīḥ, as it does not conflict with Sharia but rather supports the fulfillment of the pillars and conditions of marriage. Therefore, Rasan Tuha functions not only as a cultural heritage but also as a socio-religious instrument that reinforces family structure and aligns with Islamic principles.
Poligami dan Penguatan Hak-hak Perempuan (Reformasi Hukum Keluarga Islam di Mesir dan Indonesia) Amri, Aulil; Syafitri, Anesia; Trisna, Albirra; Qanita; Fahri, Said
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46163

Abstract

One of the reasons for changing family law in the Islamic world is to enhance the rights of women, who often face discrimination. This change is connected to its historical background and the madhhab (interpretation) embraced by the governing body. Egypt first made adjustments to family law with Law No. 25 in 1920 and again in 1929. A key aspect that was modified in both nations was polygamy. In Indonesia, the initial adjustment to family law occurred with the Marriage Law of 1974, which was backed by the KHI. While both nations permit polygamy, it is governed by specific criteria that a husband must fulfill to engage in this practice. The objective of this research is to examine the reforms of Islamic family law in Egypt and Indonesia concerning the enhancement of women's rights, especially in relation to polygamy, and to assess how these reforms have influenced the status of women in society. This analysis employs a normative legal research methodology, utilizing a framework that combines Islamic law with positive law evaluation. Data for this research was collected through literature reviews and an examination of Islamic family law documents from Egypt and Indonesia. Findings from the study indicate that reforms in Islamic family law in both Egypt and Indonesia have resulted in meaningful advancements in supporting women's rights. In Egypt, legislation that has made polygamy requirements stricter and granted wives the privilege to initiate divorce has improved the safeguarding of women's rights. In Indonesia, the Marriage Law affecting polygamy has similarly empowered wives with the ability to seek divorce and has tightened the criteria for polygamy. Nevertheless, this research also identifies that the enforcement of these laws remains inadequate, and a significant barrier continues to be the lack of public understanding regarding women’s rights.
Status Harta Bersama Suami Kedua dalam Pembagian Waris Menurut Hukum Islam: Studi Yuridis-Empiris di Kota Bima Susanti, Susi; Muh. Yunan Putra; Hikmah
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v10i2.46232

Abstract

The division of joint property in a second marriage often generates legal disputes when one spouse passes away. This study aims to analyze the status of joint property of the second husband in inheritance distribution under Islamic law and to examine the practices implemented in the local community of Bima City. The research employed a juridical-empirical method with a descriptive-analytical approach, combining interviews, field observations, and literature review. The findings reveal that the community in Tambana, Jatiwangi Subdistrict, predominantly applies customary inheritance practices, namely family deliberation and equal distribution among heirs. Such practices contradict the provisions of Islamic inheritance law, which stipulates fixed and detailed shares (faraidh) that are considered qath‘i (definitive). The primary factors behind this deviation include limited understanding of Islamic inheritance principles, lack of awareness of the legal status of joint property, and the strong influence of local traditions transmitted across generations. This study highlights the urgency of socializing Islamic inheritance law and strengthening the role of marital agreements as preventive measures against disputes over property distribution. The research contributes to enriching the juridical discourse on harmonizing Islamic law and customary practices in inheritance cases in Indonesia.
Interaksi Hukum Islam dan Hukum Adat dalam Pembagian Warisan: Studi Kasus Masyarakat Sambori Jariyah, Ainun; Jainuddin; Syarif Hidayatullah
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46233

Abstract

This study aims to analyze the understanding and practices of the Sambori community in inheritance distribution and dispute resolution, with a particular focus on the interaction between Islamic law and customary law. Using a qualitative empirical approach, data were collected through observation, in-depth interviews with religious leaders, community leaders, and village officials, as well as documentation. The findings reveal that although many members of the Sambori community are familiar with Islamic inheritance principles, they tend to adopt customary practices in distribution, as these are considered more flexible and capable of preserving family harmony. Inheritance disputes are typically resolved through family deliberation and mediation by religious or traditional leaders before resorting to the religious court. Customary law, transmitted across generations, continues to dominate the inheritance process, although there is a growing tendency, particularly among the younger generation, to adopt Islamic law. These findings highlight a dynamic interplay between religious norms and local cultural values, leading to a hybrid inheritance model within the Sambori community. It can be concluded that inheritance distribution in Sambori is not merely a legal matter but also a reflection of the community’s social, cultural, and religious values.
Poligami dalam Hukum Islam: Kajian Atas Dampak Sosial dan Ekonomi terhadap Keharmonisan Rumah Tangga Marbujang; Putrado Herliansyah; Suweknyo; Handika Utama Putra; Mita Mauli Nanda
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46325

Abstract

Polygamy is an interesting issue to discuss in the study of Islamic Family Law. This is because the discussion of polygamy has its own polemics. From the phenomenon of polygamy practices that are currently occurring, the author wants to explore and explore the Impact of Polygamy on Social and Economics in Household Harmony. Exploring the impact of polygamy does not mean disagreeing with the practice of polygamy. However, to find out the impact of the practice of polygamy itself. As this is the purpose of this study. The importance of studying this is to find out the impact of polygamy practices that occur in society comprehensively, both from social and economic impacts. In this study, the author uses the type of research (library research) Literature or literature review. In this study, the results of the study were found on the Impact of Polygamy Practices on Social and Economics in Household Harmony, including the strained relationship between the father and the first wife and children due to the presence of a new person in the household, which will then affect the stability of the peace of mind of the first wife and children due to disappointment with a father because of polygamy even though they know that polygamy is allowed. And automatically the economic income of a father is also divided, as well as the affection of a father because the income from shopping and affection must be divided among all families.
Analisis Pengaruh Intervensi Mertua dalam Penyelesaian Konflik Rumah Tangga Anak terhadap Keharmonisan Keluarga di Desa Masbagik Perspektif Hukum Keluarga Islam Nuur Jauzaa' Maulida Husna; Muhsan Syarafuddin
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v6i2.46468

Abstract

This study aims to analyze the influence of in-laws' intervention in resolving marital conflicts of their children on household harmony in Masbagik Selatan Village. This is based on real-life occurrences within the community of Masbagik Selatan, East Lombok, where several cases involve in-laws intervening or becoming involved in their children's domestic conflicts. This research is a case study employing a qualitative approach to explore the phenomena occurring in the field. The data used in this study consist of primary data obtained through observations and interviews with the people of Masbagik Selatan, as well as secondary data gathered through literature relevant to the research focus. The findings reveal that in-laws’ intervention in resolving their children’s marital conflicts takes various forms. Interventions in the form of providing advice can have a positive impact on household harmony, whereas interventions involving direct control over the conflict tend to have a negative impact on the resolution of the children’s marital disputes
Fenomena Marriage is Scary di Kalangan Generasi Z : Tinjauan Hukum Islam dan Hukum Positif di Indonesia Olviyani, Gita; Pramitha Sari, Indah; Ys, Rif’al Fauzi; Devito, Dani; M.Putra, Victor Pratama
Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Vol. 6 No. 2 (2025): Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam
Publisher : Family Law Study Program, Faculty of Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v10i2.48333

Abstract

Recently, the phenomenon of “Marriage Is Scary” emerged among young generations, especially Gen Z, reflecting fear and resistance toward the institution of marriage. This study aims to analyze the “Marriage Is Scary” trend from the perspectives of Islamic law and Indonesian positive law and to understand the implications of government regulations and programs in responding to this phenomenon. Using normative legal research with a contextual approach, this study examines Islamic legal sources and Indonesian legislation relevant to marriage. The study reveals that in Islamic law, marriage is categorized into five rulings (obligatory, recommended, permissible, disliked, and forbidden) with strong emphasis on physical, mental, and spiritual readiness of prospective spouses. From the perspective of positive law, regulations such as the Marriage Law, the Law on the Elimination of Domestic Violence, and Marriage Guidance Programs are government efforts to foster harmonious families as a response to emerging concerns. Government regulations and programs play a strategic role in addressing the “Marriage Is Scary” trend by emphasizing education, readiness, and legal protection in marriage.

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