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Nurul Adliyah
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Program Studi Hukum Keluarga Fakultas Syariah, Jl. Agatis, Balandai, Kota Palopo, Sulawesi Selatan, 91914
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MADDIKA: Journal Of Islamic Family Law
Published by Institut Agama Islam Negeri Palopo
ISSN : 18298893     EISSN : 27757161     DOI : https://dx.doi.org/10.24256/maddika.v1i2.1745
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Maddika publishes articles on Islamic Family Law, covering both literary and fieldwork studies. The journal puts emphasis on aspects related to Islamic Family Law studies. Maddika always places Islamic Family Law in the central focus of academic inquiry, and invites any comprehensive observation of Islamic Family Law expressions. The journal, serving as a forum for the study of Islamic Family Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 92 Documents
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BETWEEN EMOTION AND LEGAL CERTAINTY: AN ANALYSIS OF EXPLICIT (SHARIH) AND IMPLICIT (KINAYAH) EXPRESSIONS IN DIVORCE FROM AN ISLAMIC FAMILY LAW PERSPECTIVE Arwinni Eka Putri Ahmad; Abdul Syatar; Fatmawati
MADDIKA : Journal of Islamic Family Law Vol. 7 No. 1 (2026): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v7i1.11517

Abstract

Domestic conflicts triggered by emotional outbursts often lead to the utterance of statements that may have legal consequences for the continuity and stability of marriage. In Islamic law, divorce pronouncements (talaq) are classified into ṣarīḥ (explicit) and kināyah (implicit) expressions, each carrying distinct legal implications. A ṣarīḥ expression is understood as an explicit declaration that unequivocally indicates divorce and therefore does not require the presence of intention (niyyah) for its legal validity. In contrast, a kināyah expression consists of indirect or ambiguous wording whose legal effect depends on the existence of the speaker's intention to divorce. The legal issue arises when such expressions are uttered in a state of anger or emotional distress, raising questions regarding their validity and legal force. This study aims to analyze the concepts of ṣarīḥ and kināyah expressions in Islamic family law, examine the role of intention in determining the validity of divorce, and explore their relevance in contemporary family practices. This research employs a normative legal approach using jurisprudential, juridical, and conceptual perspectives. The data are analyzed descriptively and qualitatively based on the sources of Islamic law, statutory regulations, and relevant scholarly literature. The findings demonstrate that the distinction between ṣarīḥ and kināyah expressions serves as an important instrument in maintaining a balance between legal certainty and substantive justice in divorce cases. Furthermore, an emotional state does not automatically invalidate the legal consequences of a divorce pronouncement; rather, its legal effect should be assessed based on the level of awareness, the surrounding context, and the speaker's intention. Therefore, a comprehensive understanding of divorce expressions is essential to ensure that the determination of marital status is not based solely on the formal wording of the pronouncement but also takes into account psychological, social, and family welfare considerations.
MOBILE COURTS IN MARRIAGE VALIDATION (ITSBAT NIKAH) CASES AND THEIR CONTRIBUTION TO ACCESS TO JUSTICE AT THE SUNGGUMINASA RELIGIOUS COURT Nadia Hamkan Bugis
MADDIKA : Journal of Islamic Family Law Vol. 7 No. 1 (2026): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v7i1.11741

Abstract

There are still many married couples in Indonesia who have entered into marriage under Islamic law but have not officially registered their marriages and therefore lack legal certainty (nikah siri). This situation has led to a growing public need for the resolution of itsbat nikah (judicial marriage validation) cases through mobile court proceedings (sidang keliling) as a means of expanding access to justice. This study aims to analyze the mechanism for resolving itsbat nikah cases through mobile court proceedings at the Sungguminasa Religious Court, identify the factors that support and hinder their implementation, and analyze the role of mobile court proceedings in ensuring access to justice and legal certainty. This study employed a qualitative approach using field research. Data were collected through observations, interviews with judges, court clerks, and court staff, as well as document review, and were subsequently analyzed using descriptive qualitative methods. The findings indicate that the mechanism for resolving itsbat nikah cases through mobile court proceedings is implemented in accordance with the procedural law governing the Religious Courts, with the principal distinction being that the hearings are conducted outside the court building. The effectiveness of their implementation is supported by the availability of budgetary allocations, inter-agency coordination, the readiness of human resources, the utilization of the e-Court system, and increasing public legal awareness. Meanwhile, the main obstacles include geographical conditions, the absence of parties or witnesses, and incomplete administrative documents. These findings demonstrate that mobile court proceedings function not only as a mechanism for resolving itsbat nikah cases but also as an effective model of judicial service that expands access to justice and strengthens legal certainty through integrated institutional governance, inter-agency collaboration, and more accessible legal services for the community.

Page 10 of 10 | Total Record : 92

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