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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 72 Documents
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Reconstructing the Minangkabau Customary Prohibition of Intra-Clan Marriage: An Analysis Through Fazlur Rahman’s Double Movement Theory Anesia Syafitri; Ulil Amri; Nurul Fithria
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3829

Abstract

This article examines the reconstruction of the Minangkabau customary prohibition of intra-clan marriage (perkawinan sesuku) through Fazlur Rahman’s double movement theory. Historically, the ban served to safeguard the integrity of the matrilineal line, reduce conflict among clans, and preserve social stability within a tightly knit communal order. In contemporary Minangkabau society, however, accelerated migration, urbanization, and higher levels of education have created new marriage patterns and shifted value orientations, so the absolute character of this norm is increasingly questioned, particularly because it lacks explicit textual support in Islamic law. Using qualitative, library-based research, the study first identifies the Qur’anic moral principles governing marriage, kinship limits, and the protection of family honor, then rereads the Minangkabau prohibition as a form of local custom (‘urf) in light of these principles. The analysis shows that the rule can be reformulated from a rigid sacral prohibition into a flexible ethical guideline that still protects lineage (hifz al nasl) and social dignity (hifz al ird), while giving greater recognition to individual rights and contemporary social realities. The article proposes a model of normative reconstruction that places family consultation, genealogical mapping, and communal consensus at the center of decision making, so that the relationship between Islamic law and Minangkabau custom develops toward a more dialogical and context-sensitive harmony.
Semantic Integration of Uṣūl al-Fiqh Principles in Islamic Family Law: Reconstructing Inheritance Norms through Judicial Practice Arhan Basid; Juhra Muhammad Arib; Imam Sucipto; Yasin Yetta; Fina Farhani
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3883

Abstract

The determination of Islamic family law relies heavily on accurate semantic construction of Qur’anic and prophetic texts. Although uṣūl al-fiqh provides a comprehensive methodological framework—particularly through the concepts of mutlaq, muqayyad, mujmal, and mubayyan—the application of Islamic inheritance law frequently encounters interpretive inconsistencies that generate judicial disparity and familial conflict. Existing scholarship broadly addresses these semantic principles at a doctrinal level, while insufficiently examining their practical implications within contemporary legal systems. This article addresses that gap by integrating semantic analysis of uṣūl al-fiqh with the empirical realities of Islamic inheritance adjudication in Indonesia. Employing a normative library-based method and a descriptive–analytical approach, the study examines classical and contemporary uṣūl al-fiqh literature alongside statutory instruments and judicial precedents of the Religious Courts and the Supreme Court. The findings demonstrate that semantic principles function not merely as linguistic classifications but as epistemic tools that shape legal reasoning, guide judicial clarification of indeterminate norms, and align inheritance rulings with the objectives of Islamic law (maqāṣid al-sharīʿah), particularly the protection of wealth and family integrity. By mapping the interaction between semantic rules, legal objectives, and judicial practice, this study contributes a contextualized interpretive model that preserves textual validity while enhancing substantive justice in Islamic family law.
When Clerical Errors Become Court Cases: Administrative Justice and the Judicialization of Marriage Registration in Indonesia Rois Fadzi Ahmad Ravi; Rizal Darwis; Dulsukmi Kasim; Muhammad Yusril Al Usmani
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3930

Abstract

This article analyzes the juridical and socio-legal implications of the judicialization of marriage biodata correction under the Regulation of the Minister of Religious Affairs (PMA) Number 30 of 2024 in Indonesia. The regulation requires that all amendments to marital biodata be resolved through judicial determination, shifting corrective authority from the Office of Religious Affairs (KUA) to the Religious Courts. This policy change raises concerns regarding administrative justice, public service efficiency, and access to justice in family law administration. Using a combined normative juridical and socio-legal approach, the study examines the evolution of marriage registration regulations from PMA No. 11 of 2007 to PMA No. 30 of 2024. It analyzes empirical data from biodata amendment cases adjudicated by the Religious Court of Suwawa between January and October 2025. The findings reveal a non-linear regulatory trajectory marked by alternating phases of administrative flexibility and judicial centralization, as well as persistent ambiguity in distinguishing clerical corrections from substantive amendments. Empirically, most court applications involve minor typographical errors previously resolvable administratively. The article argues that this condition reflects over-judicialization of administrative corrections. It concludes that technically non-substantive biodata corrections should be reintegrated into the administrative authority of the KUA through a structured and accountable administrative self-correction mechanism to promote proportionality, efficiency, and public service justice.
Normative Analysis of the Maqāṣid Al-Syarī‘ah Theory on Pre-Marital Women's Health Screening Asman Asman; Mohamed Aamer
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.2900

Abstract

This study discusses the urgency of premarital health checks for women from the perspective of maqāṣid al-sharīʿah by emphasizing how the values of benefit can address contemporary issues related to women's reproductive health. One of the issues raised is whether premarital checks, which in some regions are beginning to be directed as administrative requirements, have the potential to marginalize women, especially if applied asymmetrically only to prospective brides. Thus, this study formulates two main questions: (1) how does maqāṣid al-sharīʿah view premarital health checks for women? and (2) can premarital checks be categorized as a hajj necessity or even elevated to darūriyyāt under certain conditions? This study uses a qualitative method with a normative nature through a literature study approach. Data were collected from fiqh literature, contemporary fatwas, national regulations, and reproductive health studies. They were then analyzed using the maqāṣid al-sharīʿah framework, which focuses on the five main objectives of Syarī‘ah, specifically the preservation of the soul and the preservation of the nasl. The results of the study indicate that premarital health checks, especially for women, are generally categorized as hajj because they aim to preserve the soul and prevent harm after marriage. However, under certain conditions, such as the potential for transmission of genetic diseases or infectious diseases, these examinations can be elevated to the category of darūriyyāt. The study also emphasizes that the obligation of premarital checks must be applied fairly and symmetrically to men and women to avoid bias or administrative marginalization. These findings contribute to strengthening policies at the Office of Religious Affairs (KUA), the development of gender-responsive national regulations, and the development of welfare-oriented family jurisprudence.
Mental Health, Marital Breakdown, and Islamic Judicial Ethics: A Maqāṣid-Based Assessment of an Indonesian Religious Court Decision Muhammad Fadhly; Marwa Marwa; Nadila Laseda; M. Hafiz Ridho Abdul Tahak; Fatum Abubakar
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3830

Abstract

This study examines the Decision of the Ternate Religious Court Number 0062/Pdt.G/2017/PA. TTE regarding divorce lawsuits due to psychiatric disorders experienced by husbands, by placing the analysis from the perspective of maqāṣid al-syarī’ah . The research was conducted with a qualitative method through a normative juridical approach and maqāṣid al-syarī’ah analysis, and reinforced with field data from interviews to ensure the relevance between norms and practices. The findings of the study show that the judge granted the divorce lawsuit not solely because of the husband's psychiatric condition, but because it was proven that there were quarrels, disharmony, and domestic dysfunction that lasted continuously for more than six months. The judge's consideration was then analyzed based on the five principles of maqāṣid al-syarī’ah —hifdz al-din, hifdz al-aql, hifdz al-nafs, hifdz al-mal, and hifdz al-nasl—which, as a whole, affirmed that a divorce decision is the most beneficial option to maintain the safety, dignity, and rights of the wife.
Maqāṣid Al-Syarī‘ah and Female Leadership in the Muslim Family: Towards an Integrative Conceptual Model Lina Nur Anisa
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3804

Abstract

This study aims to examine how women’s leadership roles in households can be conceptualized through the lens of maqāṣid al-syarī‘ah and modern sociology, offering an integrative framework that aligns normative Islamic principles with observed social dynamics. Using a library research approach, the study systematically analyzes authoritative Islamic legal sources, classical and contemporary sociological theories, and findings from existing empirical studies on family roles and gender relations. Rather than conducting original fieldwork, this research synthesizes prior empirical evidence to assess the normative legitimacy, functional dimensions, and societal implications of female leadership in the family. The analysis shows that the objectives of maqāṣid al-syarī‘ah—the protection of religion, life, intellect, progeny, and wealth—are compatible with sociological perspectives on gendered decision-making, role flexibility, and family well-being. This synthesis results in a conceptual model that supports equitable role distribution, promotes justice, and strengthens family resilience amid socio-cultural change. The study concludes that empowering women in family leadership roles, when grounded in both Islamic objectives and sociological insights, contributes to a more balanced and sustainable household structure, and it recommends future empirical research to test and contextualize this model across diverse cultural settings.
Child Protection and Maqāṣid al-Sharī‘ah in Indonesian Marriage Dispensation Decisions Firmansyah Pratama Alim; Gizca Mokodongan; Wira Purwadi; Ahmad Fakhrurrazi Mohammed Zabidi
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4207

Abstract

Child marriage remains a persistent challenge in Indonesia despite the statutory increase of the minimum marriage age to 19. The marriage dispensation mechanism, while designed as a limited legal exception, often becomes a pathway through which underage marriage is judicially authorized. This study examines how judges construct considerations of child protection and maqāṣid al-sharī‘ah in Indonesian marriage dispensation decisions by comparing Decision No. 51/Pdt.P/2021/PN.Arm of the Airmadidi District Court and Decision No. 81/Pdt.P/2021/PA.Bit of the Bitung Religious Court. Using an empirical juridical method with a qualitative comparative approach, the study analyzes court decisions, relevant legislation, and interview data from judicial actors. The findings show that both courts granted dispensation but relied on different legal rationalities. The Airmadidi District Court emphasized factual urgency, cohabitation, reproductive health risks, educational disruption, economic readiness, and the best interests of the child. The Bitung Religious Court, while also applying statutory rules, framed urgency through Islamic legal reasoning, particularly the prevention of zina and the protection of lineage (ḥifẓ al-nasl). This study argues that marriage dispensation should not be treated merely as an emergency measure but as a child-protection test that requires a careful balance among maqāṣid al-sharī‘ah, legal certainty, and children’s long-term welfare.
Reinterpreting Mitsaqan Ghalizhan through Mubadalah in Parent-Child Spiritual Development Ahmad Faroch Alfarizi; Nur Rahmah Amini; Desfa Yusmaliana
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4176

Abstract

This article reinterprets Mitsaqan Ghalizhan through the mubadalah perspective as an ethical foundation for parent-child spiritual development in Muslim families. Existing studies tend to locate Mitsaqan Ghalizhan primarily within the marital bond between husband and wife, leaving limited attention to children as active subjects in the family’s spiritual covenant. Using qualitative library research and an integrative literature review, this study analyzes Qur’anic concepts, Islamic family law scholarship, and mubadalah-based writings on reciprocal relations. The findings show that Mitsaqan Ghalizhan should not be detached from its original meaning as a solemn marital covenant; rather, it may be ethically extended to the parent-child relationship, as offspring, education, and intergenerational responsibility are inseparable from family formation. Through mubadalah, spiritual development is understood not as a one-way process from parents to children, but as a reciprocal and collaborative project. This study identifies three dimensions of reciprocal spiritual development: normative-theological, pedagogical, and relational. These dimensions are operationalized into four indicators: shared spiritual practices, religious role modeling, spiritual dialogue, and collective moral responsibility. The article presents a conceptual framework to strengthen Muslim family spirituality beyond marital reciprocity.
Disability-Sensitive Nafkah: Formal Equality and Substantive Justice in Indonesian Islamic Family Law Muliadi Nur; Afiah Nurrizky; Yevhen Leheza; Muhammad Sukri
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4239

Abstract

This article examines how nafkah obligations should be interpreted for husbands with disabilities within Indonesian Islamic family law. It evaluates whether the existing legal framework, particularly the Marriage Law and the Compilation of Islamic Law, provides only formal equality or also supports substantive justice. Using normative juridical research with statutory, conceptual, and justice-based approaches, this study analyzes legal provisions, disability rights principles, Islamic family law doctrine, and scholarly debates on equality, proportionality, and maintenance. The novelty of this article lies in the development of a disability-sensitive framework for nafkah that integrates disability rights, substantive equality, maqāṣid-oriented justice, and Islamic maintenance doctrine. The study finds that Indonesian law formally attaches nafkah obligations to all husbands, including husbands with disabilities, without explicit mechanisms for exemption, suspension, or restructuring. This creates formal equality, but may fail to ensure substantive justice when disability produces structural barriers to employment, income, and social participation. The phrase “according to his ability” provides a normative basis for proportional assessment, yet remains underdeveloped without disability-sensitive judicial standards and institutional support. This article argues that nafkah should be interpreted proportionally to protect the wife’s right to maintenance while recognizing the actual capacity and vulnerability of husbands with disabilities.
Camouflaged Marriage Annulment: Harmonizing Al-Juwainī’s Fiqh and Religious Court Jurisprudence Lana Aufa Izza Muhammad; Fitrohtul Khasanah; Najih Abqori; Muhamad Mustahal; Mohammad Chaedar
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.3909

Abstract

Camouflaged marriage annulment raises an important issue in contemporary Islamic family law because a marriage contract may appear formally valid while being used to conceal motives that contradict the purposes of marriage. This study examines how Imam Al-Juwainī’s thought on intention, honesty, and contractual validity can be harmonized with the jurisprudence of the Religious Court in marriage annulment cases. It focuses on Purworejo Religious Court Decision No. 157/Pdt.G/2024/PA.PWR. Using a qualitative method with a normative-empirical approach, this study combines textual analysis of Al-Juwainī’s Nihāyat al-Maṭlab with document analysis of court decisions and relevant Indonesian marriage law. The findings show that, in Al-Juwainī’s legal reasoning, the validity of a marriage contract depends not only on formal pillars and conditions, but also on the conformity of intention with maqāṣid al-nikāḥ. A concealed intention that defeats the purpose of marriage may therefore undermine the legitimacy of the contract. The court decision similarly treats deception, honesty, and the sacred purpose of marriage as central grounds for annulment. This study argues that classical fiqh and contemporary Religious Court jurisprudence can converge to protect substantive justice and preserve the moral objectives of marriage in Islamic family law.

Page 7 of 8 | Total Record : 72

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