Al-Mujtahid: Journal of Islamic Family Law
Al-Mujtahid: Journal of Islamic Family Law mainly focuses on Islamic Family Law and Islamic Law. with various approaches of normative, philosophy, history, sociology, anthropology, theology, psychology, and is intended to communicate the original researches and current issues on the subject. Detailed scopes of articles accepted for submission to Al-Mujtahid: Journal of Islamic Family Law are: 1. Study of the Islamic Social Institution of Family Law 2. Basic Study of Islamic Family Law Science 3. Islamic Family Law Dispute Resolution 4. Contemporary Study of Islamic Family Law 5. Islamic Family Law in the World
Articles
12 Documents
Search results for
, issue
"Vol 4, No 1 (2024)"
:
12 Documents
clear
<![CDATA[Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics ]]>
<![CDATA[Mursyid, Salma]]>;
<![CDATA[Bilalu, Naskur]]>;
<![CDATA[Subeitan, Syahrul Mubarak]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.3039
<![CDATA[This study examines the critical role of Religious Court judges in deciding child custody in families with parents of different religions in Indonesia. Religious Court judges face unique challenges in balancing Islamic legal principles with children's best interests in a complex and diverse social context. This study aims to identify factors that affect judges' decisions, including legal foundations, moral considerations, and social impacts. Using a qualitative approach, data were obtained through in-depth interviews with judges, case analysis, and literature reviews. The study results show that judges consider not only formal law but also social values and the interests of children. Factors such as the child's psychological condition, emotional stability, and a healthy growth and development environment are the primary considerations in decision-making. In addition, the study found that the diversity of interpretations of Islamic law among judges influenced their final decisions. This study found that Religious Court judges consider not only formal law but also social values and the best interests of children in making decisions on child custody in families of different religions. In addition, the diversity of interpretations of Islamic law among judges also influences the final decision, with factors such as the child's psychological condition and emotional stability being the primary considerations.]]>
<![CDATA[The Phenomenon of the Sakinah Family in the Rahmat Pura Wedding Tradition ]]>
<![CDATA[Afabih, Abdillah]]>;
<![CDATA[Anwar, Khoirul]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.2993
<![CDATA[The purpose of this paper is three. First, to describe the phenomenon of the Sakinah family in Sumber Pendidikan Mental Agama Allah (SPMAA) Islamic boarding school. Second, it explains the efforts of the executors and participants of the Rahmat Pura wedding tradition in creating a Sakinah family. Third, explain the challenges and solutions the organizers and participants face in realizing this goal. The aspiration for a harmonious family is a shared desire among married couples, including those in arranged marriages. One particular tradition that exemplifies this phenomenon is the Rahmat Pura wedding tradition, which takes place within the context of a pesantren. By applying a phenomenological approach, this article concludes two things. First, the phenomenon of the Sakinah family at SPMAA adheres to the concept of the Sakinah of the Prophets, which is synonymous with the simplicity and struggle of God's religion. Second, among the implementing efforts is to provide providers with pre-marital activities and create a family feeling in the pesantren environment. Meanwhile, the efforts of the participants are to support each other and remind the couple that the purpose of their marriage is the struggle for Allah's religion.]]>
<![CDATA[The Position of Girls in Obstructing Brother's Inheritance: A Sunni and Shia Fiqh Perspective and the Supreme Court's Jurisprudence ]]>
<![CDATA[Muhammady, Alfian]]>;
<![CDATA[Kolopita, Abdul Fajri]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.2477
<![CDATA[This study aims to analyze the position of girls in hindering their brother's inheritance from the perspective of Sunni and Shia jurisprudence and the jurisprudence of the Indonesian Supreme Court. The research method used is a literature study with a descriptive-analytical approach, which involves the study of Sunni and Shia fiqh literature and the analysis of Supreme Court decisions related to inheritance cases. The results of the study show that there are significant differences between Sunni and Shia jurisprudence in determining the inheritance rights of girls. Sunni jurisprudence generally gives priority to boys, although girls still receive a share of the inheritance but do not completely block the rights of brothers. In contrast, Shia jurisprudence gives a stronger position to girls, which can reduce or hinder the inheritance rights of brothers. In the jurisprudence of the Supreme Court of Indonesia, efforts were found to harmonize the rules of fiqh with the principle of justice in national law, which aims to ensure a fairer distribution of inheritance. The conclusion of this study is that the interpretation of girls' inheritance law in the context of fiqh and national jurisprudence needs to be developed to achieve gender justice in the distribution of inheritance. The implication of this research is the importance of inheritance law reform that considers both fiqh perspectives and judicial decisions to create a fairer and more inclusive legal system in Indonesia.]]>
<![CDATA[Economic and Nafkah in the Case of Divorce in Indonesia: The Perspective of Fiqh ]]>
<![CDATA[Sa'adah, Mazro'atus]]>;
<![CDATA[Abubakar, Fatum]]>;
<![CDATA[Na'mah, Ulin]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.2928
<![CDATA[The number of divorce cases filed by wives is increasing. One of the factors considered to be the cause is the Nafkah issue. Accordingly, the discourse on the problem of sustenance as a reason for divorce among classical fiqh scholars and reinterpreting the text to find a solution to the high rate of divorce due to economic and living reasons, without having to leave the classical Islamic scholar’s legal tradition, needs to be studied more deeply. This research aims to provide a solution to prevent divorce caused by family conflicts due to economic factors by reviewing the concept of alimony from the perspective of fiqh. This research is qualitative, using a normative approach to fiqh and interpretation. The results of this study indicated that there was a need for reinterpretation of the views of the majority of scholars regarding the wife’s right to ask for a divorce from the judge if the husband does not provide a living. If the opinion of the fiqh scholars continues to be applied, it will increase the number of divorce cases for economic and livelihood reasons. Moreover, this action received legitimacy from stakeholders through marriage laws and regulations. The interpretation of KH. Husayn Muhammad’s of Q.S. al-Nisa' (4): 34 needs to be used as a reference in updating the law regarding the obligation of a living so that it is hoped that there will be no more divorces carried out for economic and livelihood reasons.]]>
<![CDATA[A Critical Analysis of the Bugis Wedding Tradition 'Passampo Siri ]]>
<![CDATA[Jamal, Ridwan]]>;
<![CDATA[Mitra, Asandi]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.3040
<![CDATA[This paper examines the Passampo siri’ tradition (marriage of disgrace) in the Bugis community through paradigmatic analysis using the framework of Critical Theory. The research method used is a literature study to collect data from relevant literature sources. The data were analyzed qualitatively with a paradigmatic approach to achieve contextual and in-depth meaning related to the philosophical background of Passampo Siri’ and its implications for his abolition discourse. The results of the analysis show that Passampo siri’ is actually a socio-cultural entity born from the habitus of the Bugis people towards the concept of self-esteem (siri') as a core value. Removing them without a contextual understanding can threaten the integrity of the values that have been upheld and closely guarded so far. Therefore, this case reminds us of the importance of reflective attitudes and multidimensional analysis before deciding to "break" a tradition that is considered purely irrational. This research seeks to integrate epistemological reflections from critical theory in understanding the Passampo siri’, highlighting how power structures, ideologies, and social norms shape and influence those cultural practices. This study emphasizes that the abolition discourse must consider the historical and social context behind this tradition. The results of this study provide insight that cultural reform requires an approach that respects the complexity and richness of local values, while opening up a space for constructive critical dialogue.]]>
<![CDATA[The Relevance of Safar Law for Women Without Mahram to Family Economic Independence in the Era of Society 5.0 ]]>
<![CDATA[Kristiane, Desy]]>;
<![CDATA[Hidayatullah, Muhammad Syarief]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.2994
<![CDATA[In the era of Society 5.0, women have many opportunities and facilities if they want to strengthen their family's economic independence. However, a law prohibits women from traveling without a mahram. Many hadith texts prohibit women from traveling without a mahram, which are contradictory and have multiple interpretations, making the law of women traveling different opinions. This article will analyze the law and whether it is still relevant if it is associated with the demands of economic independence in the era of Society 5.0 by using a qualitative descriptive method approach to produce a legal analysis and get a new conclusion. It can be concluded that the law regarding the prohibition of women traveling without a mahram is broadly divided into two, namely prohibiting absolutely and detailing the law in two circumstances, namely related to interests or needs and safety factors. Then, the many positive opportunities and conveniences in this Society 5.0 era make it easier for women to implement the law regarding the prohibition of traveling without a mahram and make it relevant even in this advanced era.]]>
<![CDATA[The Phenomenon of the Sakinah Family in the Rahmat Pura Wedding Tradition ]]>
<![CDATA[Afabih, Abdillah]]>;
<![CDATA[Anwar, Khoirul]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.2993
<![CDATA[The purpose of this paper is three. First, to describe the phenomenon of the Sakinah family in Sumber Pendidikan Mental Agama Allah (SPMAA) Islamic boarding school. Second, it explains the efforts of the executors and participants of the Rahmat Pura wedding tradition in creating a Sakinah family. Third, explain the challenges and solutions the organizers and participants face in realizing this goal. The aspiration for a harmonious family is a shared desire among married couples, including those in arranged marriages. One particular tradition that exemplifies this phenomenon is the Rahmat Pura wedding tradition, which takes place within the context of a pesantren. By applying a phenomenological approach, this article concludes two things. First, the phenomenon of the Sakinah family at SPMAA adheres to the concept of the Sakinah of the Prophets, which is synonymous with the simplicity and struggle of God's religion. Second, among the implementing efforts is to provide providers with pre-marital activities and create a family feeling in the pesantren environment. Meanwhile, the efforts of the participants are to support each other and remind the couple that the purpose of their marriage is the struggle for Allah's religion.]]>
<![CDATA[The Position of Girls in Obstructing Brother's Inheritance: A Sunni and Shia Fiqh Perspective and the Supreme Court's Jurisprudence ]]>
<![CDATA[Muhammady, Alfian]]>;
<![CDATA[Kolopita, Abdul Fajri]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.2477
<![CDATA[This study aims to analyze the position of girls in hindering their brother's inheritance from the perspective of Sunni and Shia jurisprudence and the jurisprudence of the Indonesian Supreme Court. The research method used is a literature study with a descriptive-analytical approach, which involves the study of Sunni and Shia fiqh literature and the analysis of Supreme Court decisions related to inheritance cases. The results of the study show that there are significant differences between Sunni and Shia jurisprudence in determining the inheritance rights of girls. Sunni jurisprudence generally gives priority to boys, although girls still receive a share of the inheritance but do not completely block the rights of brothers. In contrast, Shia jurisprudence gives a stronger position to girls, which can reduce or hinder the inheritance rights of brothers. In the jurisprudence of the Supreme Court of Indonesia, efforts were found to harmonize the rules of fiqh with the principle of justice in national law, which aims to ensure a fairer distribution of inheritance. The conclusion of this study is that the interpretation of girls' inheritance law in the context of fiqh and national jurisprudence needs to be developed to achieve gender justice in the distribution of inheritance. The implication of this research is the importance of inheritance law reform that considers both fiqh perspectives and judicial decisions to create a fairer and more inclusive legal system in Indonesia.]]>
<![CDATA[Economic and Nafkah in the Case of Divorce in Indonesia: The Perspective of Fiqh ]]>
<![CDATA[Sa'adah, Mazro'atus]]>;
<![CDATA[Abubakar, Fatum]]>;
<![CDATA[Na'mah, Ulin]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.2928
<![CDATA[The number of divorce cases filed by wives is increasing. One of the factors considered to be the cause is the Nafkah issue. Accordingly, the discourse on the problem of sustenance as a reason for divorce among classical fiqh scholars and reinterpreting the text to find a solution to the high rate of divorce due to economic and living reasons, without having to leave the classical Islamic scholar’s legal tradition, needs to be studied more deeply. This research aims to provide a solution to prevent divorce caused by family conflicts due to economic factors by reviewing the concept of alimony from the perspective of fiqh. This research is qualitative, using a normative approach to fiqh and interpretation. The results of this study indicated that there was a need for reinterpretation of the views of the majority of scholars regarding the wife’s right to ask for a divorce from the judge if the husband does not provide a living. If the opinion of the fiqh scholars continues to be applied, it will increase the number of divorce cases for economic and livelihood reasons. Moreover, this action received legitimacy from stakeholders through marriage laws and regulations. The interpretation of KH. Husayn Muhammad’s of Q.S. al-Nisa' (4): 34 needs to be used as a reference in updating the law regarding the obligation of a living so that it is hoped that there will be no more divorces carried out for economic and livelihood reasons.]]>
<![CDATA[A Critical Analysis of the Bugis Wedding Tradition 'Passampo Siri ]]>
<![CDATA[Jamal, Ridwan]]>;
<![CDATA[Mitra, Asandi]]>
<![CDATA[ Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024) ]]>
Publisher : <![CDATA[IAIN Manado ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30984/ajifl.v4i1.3040
<![CDATA[This paper examines the Passampo siri’ tradition (marriage of disgrace) in the Bugis community through paradigmatic analysis using the framework of Critical Theory. The research method used is a literature study to collect data from relevant literature sources. The data were analyzed qualitatively with a paradigmatic approach to achieve contextual and in-depth meaning related to the philosophical background of Passampo Siri’ and its implications for his abolition discourse. The results of the analysis show that Passampo siri’ is actually a socio-cultural entity born from the habitus of the Bugis people towards the concept of self-esteem (siri') as a core value. Removing them without a contextual understanding can threaten the integrity of the values that have been upheld and closely guarded so far. Therefore, this case reminds us of the importance of reflective attitudes and multidimensional analysis before deciding to "break" a tradition that is considered purely irrational. This research seeks to integrate epistemological reflections from critical theory in understanding the Passampo siri’, highlighting how power structures, ideologies, and social norms shape and influence those cultural practices. This study emphasizes that the abolition discourse must consider the historical and social context behind this tradition. The results of this study provide insight that cultural reform requires an approach that respects the complexity and richness of local values, while opening up a space for constructive critical dialogue.]]>
