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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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INDONESIA
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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THE PHENOMENON OF EARLY MARRIAGE AND MARRIAGE POSTPONEMENT IN INDONESIA FROM THE PERSPECTIVE OF MASLAHAH MURSALAH Ahmad In'am Awaluddin
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 1 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i1.6624

Abstract

This study examines the phenomena of early marriage and delayed marriage in Indonesian society with the aim of identifying the underlying factors and their impacts from the perspective of maslahah mursalah. This study uses a qualitative method with empirical field research. The research subjects consisted of five informants, namely three individuals who married young and two who delayed marriage, while the research objects included the concepts of early marriage and delayed marriage, the driving factors, and the social implications. The results show that the decision to marry young is influenced by economic factors, personal desire, and parental pressure, while the postponement of marriage is influenced by a focus on education and career, not yet finding a suitable partner, and not yet achieving financial stability. This change in marriage patterns is not only an individual choice, but also has an impact on family structure and social construction in society. Early marriage and delayed marriage can be understood as adaptive responses to contemporary social complexities that reflect efforts to achieve maslahah through spiritual considerations, self-development, and readiness to build a quality family life
IMPLEMENTATION OF DELIBERATION PRINCIPLES IN HOUSEHOLD LIFE: A TAFSIR BASED STUDY Zulayka Muchtar; Sohrah; Rosmini; Anita Marwing; Feri Eko Wahyudi
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 1 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i1.6639

Abstract

Consultation (shura) is a fundamental principle in Islamic teachings that functions not only as political ethics, but also as a collective method for social and family decision-making. Although many studies highlight consultation in the context of state affairs, studies on its implementation in household dynamics are still limited. This study aims to analyze the concept and meaning of musyawarah in Surah Ali Imran (3): 159, Surah al-Syura (42): 38, and Surah al-Baqarah (2): 233 based on the interpretations of classical and contemporary exegetes, as well as analyzing the relevance and implementation of these principles in building harmony in household life. This study uses a thematic interpretation (maudhu'i) method. Data collection was conducted through library research by referring to classical and contemporary interpretation literature. The results of the study show that deliberation in the Qur'an includes the principles of gentleness, equality, mutual agreement, collective participation, and moral responsibility. Surah Ali Imran (3): 159 emphasizes the importance of gentle and communicative leadership; Surah al-Syura (42): 38 places deliberation as a key characteristic of a community of believers, including within the family environment; while Surah al-Baqarah (2):233 emphasizes deliberation as a fundamental principle in family relationships, especially between husband and wife. These principles have proven relevant in building a harmonious, dialogical, and just household life Keywords: Shura, Thematic Tafsir, Family Life, Surah Ali Imran, al-Shura and al-Baqarah
AL-ISTIQRĀ’ AL-MA‘NAWĪ AS A METHODOLOGICAL MODEL FOR UNDERSTANDING ISLAMIC LAW Sabaruddin; Abdul Halim Talli; Ridwan Saleh; Haris Kulle; Rustan Darwis
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 2 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i2.9987

Abstract

This study aims to analyze the model of understanding Islamic law through the approach of al-Istiqrā’ al-Ma‘nawī and to examine its outcomes and implications for the development of contemporary Islamic law. The al-Istiqrā’ al-Ma‘nawī approach represents an inductive method that emphasizes the extraction of meaning from various partial evidences derived from the Qur’an, Hadith, and the principles of uṣūl al-fiqh, in order to formulate inclusive legal principles oriented toward the objectives of Islamic law (Maqāṣid al-Sharī‘ah). This research employs a qualitative method with a normative-philosophical approach, involving the analysis of normative texts, the perspectives of classical and contemporary scholars, and the maqāṣid framework in understanding Islamic law. The findings indicate that the al-Istiqrā’ al-Ma‘nawī approach is capable of producing a comprehensive, integrative, and contextual understanding of Islamic law. This approach does not merely focus on the textual dimension, but also takes into account the objectives of the Sharī‘ah and the social realities surrounding the application of the law. Its relevance is reflected in its ability to respond to various contemporary issues in Islamic law, such as digital transactions, public policy, and broader concerns of social welfare. Nevertheless, this approach also has limitations, particularly the potential for subjectivity and overgeneralization if not supported by a rigorous methodological framework. Therefore, al-Istiqrā’ al-Ma‘nawī can be positioned as a strategic model in the reform of ijtihād methodology to develop Islamic law that is adaptive, moderate, and oriented toward justice and public welfare.
A REGULATION OF HILAL DETERMINATION IN INDONESIA AND ITS IMPLICATIONS FROM THE PERSPECTIVE OF ISLAMIC FAMILY LAW Yulia Rahmadani Hudaya; Tri Aulia Pratiwi; Hardianto; Syamsuddin
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 2 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i2.9776

Abstract

This research is motivated by the persistent discrepancies in hilal (crescent moon) determination in Indonesia, specifically between the hisab and rukyat methods, which not only affect individual and collective religious practices but also carry significant implications for the harmony of Muslim family life. While previous studies have predominantly focused on astronomical and jurisprudential aspects, the specific implications for Islamic family law remain relatively underexplored, highlighting the significance of this study. This research aims to analyze the regulations of hilal determination in Indonesia and examine their impact on legal certainty and religious practices from the perspective of Islamic family law. Employing a qualitative method with a normative-juridical approach through library research, this study analyzes statutory regulations, Islamic legal literature, and relevant academic articles. The findings reveal that while the regulation of hilal determination reflects an integration of Islamic and national law through the state's role in the Isbat council, the methodological divergence continues to cause legal and social inconsistencies. These variations result in non-uniformity in religious timing, which ultimately affects legal certainty and the harmony of religious observance within Muslim families. Consequently, this study suggests that a harmonization of hilal determination regulations is essential to realize legal certainty, unity in worship, and the overall stability of Muslim family life.
CASASTROPIC; LAW ENFORCEMENT AGAINTS CORRUPTION IN INDONESIA Firmansyah; Miftah Idris
MADDIKA : Journal of Islamic Family Law Vol. 6 No. 2 (2025): Maddika: Journal Of Islamic Family Law
Publisher : UIN Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/maddika.v6i2.10314

Abstract

The purpose of this research is to provide solutions in law enforcement against corruption in Indonesia that occurs massively and damages the state order and by examining the aspects of law enforcement carried out to eradicate corruption crimes.This study uses a type of normative research with a conceptual approach. The collection method used is library research technique by identifying journals or writings related to corruption in Indonesia, integrating the theory of the L.W. Friedman legal system and the prophetic theory of kuntowijoyo to describe the chronic causes faced in law enforcement against corruption and find solutions in handling corruption in Indonesia. The results of the research, it can be seen from L.W. Friedman's approach to legal system theory; substance, structure and culture, where in this analysis the substance and structure are analyzed in an integrated manner by emphasizing the rules by focusing on the emergence of Law No. 19 of 2019 concerning the Corruption Eradication Commission related to the existence of the Corruption Eradication Commission and also the urgency of reverse proof in corruption cases and culturally refers to the problem of morality, where there are law enforcement personnel who are against the law themselves while in other contexts with offers solutions that highlight the prophetic theory of Kuntowijoyo by integrating it into the analysis in this paper which consists of; Transedental (ethical-spiritual values), humanization (humanizing human beings) that reject dehumanization or reject corruption is associated with deviations and abuse of power and liberation, namely liberating from pressure and intimidation, one of which is corruption. Keywords: Corruption, Law Enforcement, casastropic
A WOMEN'S INHERITANCE RIGHTS AMID LEGAL PLURALISM IN INDONESIA: A COMPARATIVE ANALYSIS OF ISLAMIC, CUSTOMARY, AND POSITIVE LAW: Indonesian Hasna Mardanus; Kurniati; Zulhas’ari Mustafa
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.v7i1.10845

Abstract

AbstractThis study examines the regulation and implementation of women’s inheritance rights in Indonesia within the framework of legal pluralism. As a country with a pluralistic legal system, Indonesia recognizes three inheritance law systems that coexist and develop within society, namely Islamic inheritance law, customary inheritance law, and civil inheritance law (Burgerlijk Wetboek/Civil Code), each of which has different characteristics in regulating the position of women as heirs. This research aims to analyze the regulation of women’s rights within these three legal systems, examine their implementation in social realities, and explore the impact of legal pluralism on the fulfillment and protection of women’s rights in the inheritance system. This research is a library research employing a normative legal approach. The data were obtained through document studies of primary and secondary legal materials, including legislation, the Qur’an, the Compilation of Islamic Law, the Civil Code, books, and relevant scientific journals. The collected data were then analyzed qualitatively using descriptive and comparative approaches. The findings indicate that both Islamic law and civil law fundamentally recognize and protect women’s rights as heirs, although they are based on different concepts of justice. Meanwhile, under customary law, the position of women is strongly influenced by the kinship system adopted by the community. In practice, the implementation of women’s inheritance rights still faces various obstacles, such as patriarchal culture, patrilineal kinship systems, and the low level of legal awareness within society. Legal pluralism also creates legal uncertainty and the potential for injustice due to differences in regulations among the existing legal systems. Therefore, legal harmonization and the strengthening of a gender justice perspective are necessary to ensure that the protection of women’s rights in the inheritance system can be realized more fairly and optimally. Keywords: Legal pluralism; women’s rights; inheritance
PRENUPTIAL AGREEMENTS AS INSTRUMENTS FOR PROTECTING PROPERTY RIGHTS: HARMONIZING ISLAMIC LAW AND HUMAN RIGHTS Mahesa Feby Leandi; Siti Zumrotun
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.v7i1.11346

Abstract

Prenuptial agreements have generally been understood as instruments for regulating marital property; however, studies that integrate the protection of property rights from a human rights perspective with the principles of Islamic family law remain relatively limited. This study offers a novel perspective by reconstructing the philosophical foundation of marital property agreements as instruments for safeguarding individual property rights while promoting distributive justice within the family. It aims to examine the philosophical underpinnings of marital property agreements in securing individual property rights under Islamic Family Law and to analyze the juridical implications of the expanded legal scope of such agreements following Constitutional Court Decision No. 69/PUU-XIII/2015 which aims to protect of the property rights of spouses. This study employs doctrinal legal research using statutory, conceptual, and philosophical approaches. The legal materials consist of legislation, judicial decisions, classical and contemporary Islamic legal literature, international human rights instruments, and relevant scholarly publications. The findings demonstrate that marital property agreements are not inconsistent with the Islamic legal principle of infiṣāl al-dhimmah al-māliyyah. Rather, they are consistent with the objectives of maqāṣid al-sharīʿah, particularly ḥifẓ al-māl and sadd al-dharāʾiʿ, serving as preventive legal mechanisms to safeguard property rights and minimize potential disputes within the family. Furthermore, Constitutional Court Decision No. 69/PUU-XIII/2015 has broadened legal protection by recognizing the validity of postnuptial agreements, thereby providing married couples with greater legal autonomy to protect their personal assets from civil risks, including bankruptcy and third-party asset seizure. This legal development reinforces the human right to private property while preserving the principle of justice within marital relationships. The study further demonstrates that marital property agreements constitute legitimate and strategic preventive legal instruments for protecting individuals' economic rights while maintaining a fair balance of rights and obligations between spouses. These findings underscore the importance of enhancing public understanding of marital property agreements as an integral component of legal protection and human rights within the institution of marriage.
EFFECTIVENESS OF COURT-ANNEXED MEDIATION IN JOINT PROPERTY DISPUTES: EVIDENCE FROM THE MAKASSAR RELIGIOUS COURT Dewi Sartika
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.v7i1.11423

Abstract

The increasing number of joint property disputes following divorce has highlighted the importance of mediation as an alternative dispute resolution mechanism within the Religious Courts. Despite its mandatory implementation under Indonesian procedural law, the effectiveness of mediation in resolving joint property disputes remains questionable. This study aims to analyze the effectiveness of mediation in joint property cases at the Makassar Religious Court in 2024 and to identify the factors supporting and hindering its implementation. This research employed a qualitative descriptive design using an empirical juridical approach. Data were collected through observations, semi-structured interviews with judge-mediators and court officials, and analysis of court documents concerning joint property cases. The collected data were analyzed descriptively by relating empirical findings to the legal effectiveness framework proposed by Soerjono Soekanto. The findings reveal that mediation has been effectively implemented procedurally, as 20 of 24 cases (83.33%) underwent mediation in accordance with Supreme Court Regulation No. 1 of 2016. However, substantive effectiveness remains limited, with only six cases (25%) successfully reaching settlement agreements, while most disputes proceeded to litigation. The study further identifies that mediator professionalism, the parties' good faith, adequate mediation facilities, and a culture of deliberation constitute the principal factors supporting successful mediation. Conversely, post-divorce emotional conflicts, the high economic value of disputed assets, lack of good faith, litigation-oriented legal representation, and the perception of mediation as a mere procedural formality significantly impede its effectiveness. These findings suggest that improving mediator competencies, strengthening public understanding of mediation, and promoting a legal culture favoring consensual dispute resolution are essential to enhancing the effectiveness of mediation in joint property disputes within the Religious Courts.
ASSESSING THE SUBSTANTIVE EFFECTIVENESS OF ELECTRONIC MEDIATION IN DIVORCE CASES: AN EMPIRICAL STUDY AT THE SUNGGUMINASA RELIGIOUS COURT Rezki Amalia
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.v7i1.11424

Abstract

The implementation of electronic mediation represents a strategic initiative by the Indonesian Supreme Court to modernize court-annexed dispute resolution through digital technology. However, the extent to which this innovation achieves the substantive objective of mediation, particularly in divorce cases, remains insufficiently understood. This study aims to analyze the effectiveness of electronic mediation in divorce cases at the Sungguminasa Religious Court Class 1A and identify the factors influencing its implementation and outcomes. Employing an empirical legal research design with a qualitative approach, the study collected data through in-depth interviews with 15 purposively selected informants, observations, and document analysis. Data were analyzed using Miles and Huberman’s, while the effectiveness of implementation was interpreted using Soerjono Soekanto's legal effectiveness theory. The findings reveal that the implementation of electronic mediation has complied procedurally with Supreme Court Regulation No. 3 of 2022 and is supported by adequate institutional facilities and digital infrastructure. Nevertheless, its substantive effectiveness remains limited. During the 2023–2025 period, 37 divorce cases were mediated electronically, of which 29 failed to reach a settlement, while only eight achieved partial agreements, primarily concerning ancillary issues rather than reconciliation. The limited effectiveness is predominantly attributable to prolonged marital conflicts, the parties' strong determination to divorce, lack of good faith to reconcile, constrained emotional interaction in virtual settings, and unequal levels of digital literacy, rather than technological shortcomings alone. These findings demonstrate that procedural compliance does not necessarily translate into substantive success. Accordingly, enhancing the effectiveness of electronic mediation requires strengthening mediators' virtual communication and psychological facilitation skills, improving public digital literacy, and developing mediation strategies that are more responsive to the characteristics of family disputes
IMPLEMENTATION OF RELIGIOUS MODERATION AS AN EFFORT TO DERADICALISM AGAINST CORRECTIONAL INMATES (WBP) IN CORRECTIONAL INSTITUTIONS (LAPAS) CLASS IIA PALOPO Rahmawati; Abdain; Takdir
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.v7i1.11499

Abstract

This study aims to analyze the deradicalism system program implemented in Class IIA Palopo Penitentiary; analyze the religious moderation mentoring system program; and analyze the efforts made to minimize radicalism behavior among inmates in Class IIA Palopo Penitentiary. Data collection techniques were carried out through observation, counseling, interviews and documentation. The research informants used were the head of the correctional institution, officers, and inmates. While data analysis used data reduction techniques, data presentation and conclusion drawing. The results of the study showed that; First, the deradicalism system program implemented in the correctional institution is to hold spiritual guidance which aims to provide spiritual guidance so that inmates can behave moderately. Second, the religious moderation mentoring system program is carried out using the CBR approach where the CBR system consists of several stages in the form of a non-linear rectangle and repeats phases that are in harmony and adaptive to the existing context so that the learning process occurs continuously. Third, efforts made to minimize radicalism among inmates in correctional institutions are increasing the role of BNPT in collaboration with various parties such as the police, Correctional Institutions, Ministry of Religion, Coordinating Ministry for People's Welfare, mass organizations, and so on such as; providing special guidance to prisoners and increasing prisoner nationalism. The implications of the research are strengthening correctional institutional reform and instilling the values of nationalism and religious personality as a necessity in order to combat terrorism, while protecting community groups.

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