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Nursalam Rahmatullah
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Familia: Jurnal Hukum Keluarga
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : -     EISSN : 27750418     DOI : https://doi.org/10.24239/familia.v3i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Familia adalah jurnal Hukum Keluarga Islam yang memberikan akses langsung terbuka sebagai upaya untuk menyebarluaskan hasil penelitian yang fokus kajian Jurnal meliputi: Hukum Keluarga Islam, wacana Islam dan gender, dan penyusunan hukum perdata Islam.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 82 Documents
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SUSTAINING FAMILY HARMONY AMIDST THE KHURUJ PRACTICES OF THE JAMAAH TABLIGH IN CENTRAL LOMBOK Khairul Amri; Baiq Ratna Mulhimah; Lalu Muhammad Nurul Wathani
Familia: Jurnal Hukum Keluarga Vol. 6 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v6i2.379

Abstract

This study examined the influence of khuruj practices on family harmony within the Jamaah Tabligh community in Central Lombok Regency. Khuruj, as a form of da'wah involving leaving home for a certain period of time, creates unique dynamics within family relationships, particularly regarding economic responsibilities, child and spouse nurturing, and the maintenance of domestic harmony. This study employs a qualitative approach with field research as its research method. Data collection techniques include observation, in-depth interviews with twelve informants, and documentation with informants comprising members of the Tabligh Jamaah family, community leaders, and religious figures in Central Lombok. The research findings reveal that harmony within the households of Jamaah Tabligh families in East Lombok Regency is achieved through three key strategies: (1) establishing open communication between spouses as the foundation of the relationship, (2) agreeing on the time and duration of khuruj in a proportional manner, and (3) optimizing the role of the wife as the guardian of household balance. This study provides insights into the importance of communication and collaboration within Tabligh Jamaah families to achieve harmony in economic responsibilities and child upbringing. The wife's role as a supporter of family stability and agreements regarding khuruj time are key to reducing tension within the household. Thus, this study can serve as a reference for families in managing social and economic dynamics and strengthening family resilience.
COGNITIVE CONSTRUCTION AND SHARIA RESPONSE: THEORETICAL FRAMEWORK OF PARENTAL REJECTION IN STUNTING DIAGNOSIS PHENOMENON Afthon Yazid; Amila Ahsani; Faqih Abdulloh
Familia: Jurnal Hukum Keluarga Vol. 6 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v6i2.393

Abstract

The prevalence of stunting in several regions of Indonesia, including Tulung District, Klaten, remains above the national target. One of the main obstacles in addressing this issue is the phenomenon of parental rejection of the stunting diagnosis given to their children. This study aimed to analyze in depth the factors underlying this rejection and to examine them through Peter L. Berger and Thomas Luckmann’s social construction theory and the Maqāṣid al-Syari’ah framework. Using a qualitative method with in-depth interviews and participant observation, the study involved 4 inclusion informants (parents of children aged 6–59 months who rejected or ever rejected the stunting diagnosis) and 8 triangulation informants, including village midwives, nutrition officers, posyandu cadres, village officials, and religious leaders. The findings reveal that parents’ rejection of the stunting diagnosis is constructed through a social process and reinterpreted according to everyday experience, cultural norms, and emotional meanings of parental success. In Berger’s framework, this rejection represents a cycle of externalization of personal experience, objectivation through shared community beliefs, and internalization as social reality that resists medical authority. From the Maqāṣid al-Syari’ah perspective, this behavior reflects a contradicsm from the principles of hifz al-nafs (protection of life), hifz al-‘aql (protection of reason), and hifz al-nasl (protection of offspring).
HOUSEHOLD HARMONY IN SALAFI FAMILIES: PERSPECTIVES OF USTADZ WIVES IN JEMBER Almaira Raila Hermawan; Muhsan Syarafuddin
Familia: Jurnal Hukum Keluarga Vol. 6 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v6i2.405

Abstract

Islam provides clear household guidelines to obtain harmony (sakinah). On the other hand, many contemporary Muslim families face dynamic challenges, particularly debates surrounding the role of wives. While previous studies have examined family harmony from various perspectives, empirical research on the lived experiences of Salafi wives remains limited. This study addresses that gap by exploring how the wives of Salafi ustadz in Jember understand and practice household harmony within the framework of Islamic teachings. Using a qualitative case study approach with purposive sampling, ten respondents were interviewed and observed. The findings reveal five key perspectives on achieving harmony: (1) choosing a religious husband; (2) possessing and applying Islamic knowledge; (3) maintaining good communication; (4) orienting toward afterlife happiness; and (5) prioritizing faith over emotional dependency. At the same time, they identified four major challenges: (1) balancing domestic and gendered responsibilities; (2) negotiating religious identity in a conflicting social environment; (3) addressing emotional and communication needs; and (4) managing economic difficulties. This study contributes to Islamic family law and gender discourse by demonstrating how Salafi wives integrate Qur’an- and Sunnah-based principles into family life while navigating modern household dynamics.
THE IMPLICATION OF THE TEACHING OF THORIKOH QODIRIYAH WA NAQSABANDIYYA DARUL FALAH MATARAM ON FAMILY HARMONY Abdul Malik; Sainun; Muhasim
Familia: Jurnal Hukum Keluarga Vol. 6 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v6i2.415

Abstract

This study concerns the teachings of Thoriqoh Qodiriyah wa Naqsabandiyah (TQN) Darul Falah Mataram and their implications for marital harmony among followers. Indonesia's divorce rate reached 466,000 cases in 2023 (BPS, 2023), indicating the need for alternative approaches to strengthen family institutions. This qualitative case study was conducted in Pagutan Village, Mataram City, NTB, employing triangulation through in-depth interviews with Mursyid, Khalifah, and 15 followers (selected purposively based on marriage duration >5 years and active participation >3 years), participant observation, and documentation. Data analysis utilized descriptive techniques following Miles and Huberman's model. Results show TQN's three pillars dhikr, muraqaba, and Tafakkur practiced through structured activities significantly improve marital harmony through: (1) enhanced interpersonal communication quality (openness, empathy); (2) moral character development (patience, compassion); and (3) strengthened family solidarity. Duck's Interpersonal Communication Theory and Pargament's Spiritual Theory validate these findings. The tariqa community functions as emotional support, spiritual identity formation, and constructive conflict resolution, contributing to harmonious households based on Mawaddah wa Rahmah principles (QS Ar-Rum:21). This research fills the literature gap on tariqa's role in family harmony and offers practical insights for spiritual-based household guidance strategies aligned with Islamic Family Law principles.  
AN ANTHROPOLOGICAL REVIEW OF ENDOGAMY: A CASE STUDY OF THE MAIPI COMMUNITY IN NORTH LUWU REGENCY Rustan Darwis
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.400

Abstract

Endogamous marriage continues to be practiced by several traditional communities as part of a kinship system that has been transmitted across generations. Despite ongoing social transformation and increasing public awareness of the concerns commonly associated with marriages between relatives, the practice remains prevalent within the Maipi community of North Luwu Regency, Indonesia. Therefore, this study aims to examine the anthropological dimensions of endogamous marriage by exploring the kinship system that sustains the practice, its socio-cultural functions, and the role of family influence in marital decision-making. This study employed a qualitative approach with a phenomenological design. Data were collected through in-depth interviews, observation, and document analysis involving customary leaders, community figures, and individuals engaged in endogamous marriages. The findings reveal that endogamous marriage in Maipi is primarily practiced within kinship networks and is maintained as a mechanism for preserving family continuity, strengthening social solidarity, and sustaining the collective identity of the community. Furthermore, family members play a significant role in encouraging marriages among relatives because such unions are believed to foster trust, maintain harmonious relationships between families, and minimize potential social conflicts. Although the community has become increasingly cautious about marriages between close cousins, endogamous marriage continues to enjoy strong social legitimacy as it is perceived to be consistent with local cultural values and religious norms. Thus, endogamous marriage remains an important social institution for maintaining family cohesion and ensuring the continuity of the kinship system within the Maipi community amid ongoing social change.
FAMILY DISPUTE MEDIATION IN POLEWALI VILLAGE, PINRANG REGENCY: AN ANALYSIS OF THE VILLAGE HEAD'S ROLE FROM A LEGAL SYSTEM PERSPECTIVE BY LAWRENCE M. FRIEDMAN Ridha Nurul Mutia; Fikri; Zainal Said; Rusdaya Basri; Aris
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.506

Abstract

Family disputes are common in rural communities and are generally resolved through non-litigation mechanisms that emphasize deliberation and family values. This study examines the role of the Village Head in mediating family disputes in Polewali Village, Pinrang Regency, by employing Lawrence M. Friedman’s legal system theory as an analytical framework. A qualitative approach was adopted, with data collected through interviews, observations, and documentation involving village officials, community leaders, and individuals who had experienced family disputes. The findings show that the effectiveness of mediation is supported by three elements of the legal system: legal structure, legal substance, and legal culture. The legal structure is reflected in the Village Head’s authority and social position, which enable him to gain public trust as a mediator. Legal substance is manifested in the integration of formal legal norms, customary values, and the principles of Islamic family law that guide the mediation process. Meanwhile, legal culture is evident in the community’s strong commitment to deliberation and its preference for peaceful settlement of family disputes. The mediation practices in Polewali Village demonstrate that law operates not only through formal rules but also through social values that are continuously maintained and observed within the community
FROM “MARRIAGE IS SCARRY” TO THE READINESS GAP: GEN Z’S MARRIAGE ANXIETY AND THE NORMATIVE RESPONSIVENESS OF ISLAMIC FAMILY LAW IN PEKANBARU Devita Anggraini; Widiya Yul
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.547

Abstract

Generation Z in the digital era is experiencing a shift in perceptions of marriage, reflected in the “Marriage is Scary” discourse circulating on platforms such as TikTok and Instagram. In this study, the term does not denote rejection of marriage but refers to apprehension expressed through postponement, economic concerns, relational uncertainty, and trauma-related considerations. This study aims to analyze Generation Z’s perceptions of marriage, identify factors contributing to postponement, and examine their conceptual alignment with Book I of the Compilation of Islamic Law (KHI) as Indonesia’s codified Islamic family law. Using a mixed-methods sequential explanatory design, 100 respondents in Pekanbaru were surveyed, followed by thematic analysis and normative legal review. While 78% consider marriage important and 69% intend to marry, 50% report delaying it primarily due to economic factors, alongside partner uncertainty (25%) and trauma (17%). Qualitative findings show that marriage remains viewed as worship and a meaningful life goal, yet increasingly framed through readiness standards. Normative analysis of Articles 15–18 and 80 of the KHI indicates a conceptual divergence between formal legal validity and the economic and psychological readiness emphasized by respondents. This study highlights shifting standards of marital readiness and examines their alignment with existing legal provisions.
DIGITAL MEDIA PRACTICES IN MUSLIM FAMILIES IN YOGYAKARTA : A MASLAHAH AND SADD AL-DHARĀ’I ANALYSIS OF FAMILY INTERACTION Susiana; Hasmia Wahyunisa; Neneng Desi Susanti; Fathur Baldan Haramain
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.565

Abstract

This study examines digital media practices among Muslim families in Yogyakarta through the perspectives of maṣlaḥah and Sadd al-dharā’iʿ in maintaining the quality of family interaction in the digital era. Employing a qualitative case study approach, the research involved five Muslim families who actively utilize digital media in their daily lives. Data were collected through in-depth interviews, observations, and documentation, and analyzed thematically to explore how families benefit from digital media while managing its potential risks. The findings reveal that digital media is not understood dichotomously as either entirely beneficial or harmful, but rather as a practice continuously negotiated within family life. Maṣlaḥah is reflected in the use of digital media to sustain communication, support educational activities, and strengthen religious engagement. Meanwhile, Sadd al-dharā’iʿ is manifested through situational forms of regulation, including screen-time management, parental guidance, content supervision, and the development of digital communication ethics within the family. The study further finds that the relationship between maṣlaḥah and Sadd al-dharā’iʿ does not constitute a fixed balance; instead, it is better understood as a dynamic spectrum in which each family occupies a different position according to its experiences, priorities, and social context. Therefore, a sakinah family in the digital era is not defined as an idealized harmonious condition, but rather as the family’s capacity to manage relationships adaptively amidst the opportunities and risks of digital media use.
RECONCILING MARRIAGE LAW AND POPULATION ADMINISTRATION LAW IN INDONESIA: THE LEGAL STATUS OF NIKAH SIRI AND THEIR FAMILIES Andrizal; Bambang Hermanto; Muhammad Fauzan
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.567

Abstract

This article examines the normative misalignment between two Indonesian legal regimes that intersect over unregistered marriages (nikah siri): the marriage law regime, principally Law No. 1 of 1974 as amended by Law No. 16 of 2019, and the population administration regime under Law No. 24 of 2013 together with its implementing instruments, namely Minister of Home Affairs Regulation No. 9 of 2016 and Minister of Home Affairs Regulation No. 109 of 2019. The study asks two questions. First, how do these two regimes currently treat marriages that are religiously valid but not officially registered, and at which specific normative points do they diverge? Second, what targeted statutory and sub-statutory adjustments are required in order to align the marriage law regime with the documentary inclusivity already achieved within the population administration regime? The study employs a doctrinal legal method, supplemented by two key-informant interviews conducted with the Head of the Pasar Minggu Office of Religious Affairs and the Deputy for Coordination of Quality Improvement for Children, Women, and Youth at the Coordinating Ministry for Human Development and Culture. The interviews are used to illustrate institutional understandings of the two regimes rather than as a basis for empirical generalisation. The study finds that the two regimes operate on distinct regulatory objects: marriage law governs the formal validity and documentary proof of marriage, while population administration law governs the documentation of population events. The relationship between them is therefore best characterised as a partial normative misalignment rather than as a direct doctrinal conflict. On that basis, the article proposes a limited and operational adjustment, focused on three points: the textual separation of religious validity and administrative registration within Article 2 of Law No. 1/1974; the revision of Article 43 of Law No. 1/1974 and Article 100 of the Compilation of Islamic Law in line with Constitutional Court Decision No. 46/PUU-VIII/2010; and the inter-ministerial coordination of the SPTJM mechanism with the implementing regulations of the Marriage Law.
IMPLEMENTING THE BANGGA KENCANA PROGRAM IN ROKAN HULU: A MAQĀṢID AL-SHARĪ’AH ANALYSIS Fajrul Islami Damsir; Nurul Asmi; Muhammad Ahalla Tsauro
Familia: Jurnal Hukum Keluarga Vol. 7 No. 1 (2026)
Publisher : Program Studi Hukum Keluarga Fakultas Syariah UIN Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/familia.v7i1.575

Abstract

The Bangga Kencana Program, as a strategic initiative of the Indonesian government, is often narrowly understood as a population control policy, despite its broader orientation toward family well-being and human development. This study examines the implementation of the program in Rokan Hulu Regency through the perspective of Maqāṣid al-Sharī‘ah, focusing on its operational strategies and normative relevance within a Muslim-majority context. This qualitative field study employed in-depth interviews with policymakers, family planning counselors, religious leaders, and community members, supported by document analysis. The findings indicate that the effectiveness of the program is closely related to the integration of religious values into implementation strategies. Collaboration between government institutions, religious leaders, and community figures enhances public acceptance of family planning and strengthens the program’s socio-cultural legitimacy. From a maqāṣid perspective, program initiatives related to maternal and child health, reproductive education, and family preparedness reflect efforts to support ḥifẓ al-dīn, ḥifẓ al-nafs, and ḥifẓ al-nasl. However, the study also identifies persistent misconceptions regarding contraception, particularly concerns related to halal status and side effects, indicating limitations in the realization of ḥifẓ al-‘aql. In addition, economic empowerment initiatives remain limited in scope, constraining the program’s contribution to ḥifẓ al-māl. The study concludes that the sustainability of the Bangga Kencana Program depends not only on administrative implementation but also on its ability to adapt to local religious and socio-cultural contexts.

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