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Syahrul Mubarak Subeitan
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Al-Mujtahid: Journal of Islamic Family Law
Published by Institut Agama Islam Negeri Manado
ISSN : 28092805     EISSN : 28090756     DOI : http://dx.doi.org/10.30984/ajifl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
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Evaluating the Impact of Government Policies on Child Marriage Prevention in Rembang Regency Najichah, Najichah; Rofiq, M. Khoirur; Khari, Faseeyah
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i1.3456

Abstract

This study aims to evaluate the effectiveness of government policies in preventing child marriage in Rembang Regency, focusing on both preventive and repressive efforts. A qualitative research design was employed, utilizing observations and in-depth interviews with key stakeholders, including the Office of Religious Affairs (Kantor Urusan Agama, KUA), the Social Affairs Office (Dinas Sosial), and the Religious Court (Pengadilan Agama). The findings reveal that government initiatives can be classified into two primary categories: preventive policies, such as the Child-Friendly Village (Desa Ramah Anak), the Child Protection Advocacy Team (Tim Advokasi Perlindungan Anak, KPAD), and PUSPAGA SAMARA (Pusat Pembelajaran Keluarga dan Pengembangan Keluarga Sejahtera Samara), and repressive measures, including the Family Report Book (Buku Laporan Keluarga) and GASPOL (Gerakan Anti Perkawinan Anak). Despite these efforts, the overall effectiveness remains suboptimal due to challenges such as the lack of synchronization between local regulations and national law, insufficient inter-agency collaboration, limited human resources and budget allocations, a literal interpretation of religious teachings, and entrenched patriarchal cultural norms. The study recommends aligning local regulations with Law No. 16 of 2019, enhancing coordination between relevant agencies, increasing human resource capacity, improving budget allocation, and adopting a culturally contextualized educational approach to tackle child marriage.Keyword: Marriage dispensation, Rembang, Preventive and Represive Efforts
Reimagining Mantenan: The Changing Traditions of Javanese Marriages in Panglungan Village, East Java Perdana, Ahmad Sahrul Febriansah; Ainiyah, Qurrotul
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i1.3605

Abstract

This research explores the transformation of the mantenan tradition in Panglungan Village, East Java, as it adapts to social, religious, and cultural changes in modern times. Mantenan, a traditional Javanese marriage ceremony, is deeply embedded in cultural values and rituals such as Nontoni, Lamaran, Tembusan, Petung, Adeg Tratag, Pasang Tarub, Kembar Mayang, Siraman, Midodareni, Ijab and Qabul, Temu Manten, and Walimahan. Using an ethnographic approach, this study examines how these rituals, rich in symbolism and spirituality, continue to evolve in response to modernization and shifting community structures. Through Geertz's trichotomy theory, the research reveals how the Panglungan community reimagines these rituals, adapting them to contemporary values while preserving their cultural identity. The findings demonstrate how the tradition of mantenan has been reinterpreted to maintain its relevance in the modern era, ensuring the continuity of ancestral heritage while reinforcing the unique cultural identity of the Javanese people of Panglungan. This study also highlights the dynamic nature of cultural traditions and their role in shaping community identity in the face of modernity.
Reconsidering Legal Protections for Child Marriage Victims: A Maqasid Shariah Perspective Sarib, Suprijati; Niode, Olha S.; Suleman, Nenden Herawaty; Usup, Djamila
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i1.3477

Abstract

This study aims to analyze the legal protection of victims of domestic violence (KDRT) that occurs due to underage marriage in North Sulawesi through the perspective of Maqasid Sharia. The research method used is qualitative with a juridical-empirical approach, collecting data through in-depth interviews with victims of domestic violence, law enforcement officials, and religious leaders, as well as document analysis from related institutions. The results of the study show that the implementation of legal protection for victims of domestic violence in child marriage is still weak due to social stigma, lack of training of officials, and low public legal literacy. The Maqasid Sharia approach emphasizes the protection of individual souls, intellect, and honor as the main principles for handling domestic violence cases in child marriage. This study recommends increasing legal awareness, training on gender issues for officials, and strengthening cross-agency collaboration to create a more effective protection system. These findings are expected to enrich the literature and contribute to the development of policies for the protection of victims of domestic violence in Indonesia.
The Application of Iddah Maintenance for a Nusyuz Wife in Religious Court Verdicts Rahmatillah, Nor Annisa; Ahmad, Ahmad
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i1.3710

Abstract

This study aims to explore the rationale behind the Religious Court's decision to grant iddah maintenance to a wife considered nusyuz (disobedient), despite this conflicting with the provisions of Islamic law as stipulated in the Compilation of Islamic Law (KHI). This research uses a qualitative approach and normative analysis to examine the Religious Court decision number 0295/Pdt.G/2020/PA.Kab.Mn as a key case study. Primary data, consisting of court rulings, is analyzed to understand the arguments presented by the plaintiff and the defendant and the judge's reasoning in granting iddah maintenance despite the wife's proven nusyuz status. The findings indicate that, although Islamic law dictates that a nusyuz wife is not entitled to iddah maintenance, the court applied the principle of justice through progressive legal reasoning and the use of contra legem principles. The judge determined that granting iddah maintenance was a fair measure to protect the wife's rights after divorce, considering the social and humanitarian circumstances underlying the case.
The Phenomenon of the Sakinah Family in the Rahmat Pura Wedding Tradition Afabih, Abdillah; Anwar, Khoirul
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.2993

Abstract

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.
The Position of Girls in Obstructing Brother's Inheritance: A Sunni and Shia Fiqh Perspective and the Supreme Court's Jurisprudence Muhammady, Alfian; Kolopita, Abdul Fajri
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.2477

Abstract

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.
Economic and Nafkah in the Case of Divorce in Indonesia: The Perspective of Fiqh Sa'adah, Mazro'atus; Abubakar, Fatum; Na'mah, Ulin
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.2928

Abstract

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.
A Critical Analysis of the Bugis Wedding Tradition 'Passampo Siri Jamal, Ridwan; Mitra, Asandi
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3040

Abstract

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.
The Relevance of Safar Law for Women Without Mahram to Family Economic Independence in the Era of Society 5.0 Kristiane, Desy; Hidayatullah, Muhammad Syarief
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.2994

Abstract

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.
Navigating Custody: The Impact of Religious Court Judges on Interfaith Family Dynamics Mursyid, Salma; Bilalu, Naskur; Subeitan, Syahrul Mubarak
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.3039

Abstract

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.

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