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Kalosara: Family Law Review
Published by Institut Agama Islam Negeri Kendari
ISSN : 28073177     EISSN : 28072162     DOI : http://dx.doi.org/10.31332/.v2i1.4223
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
1. Marriage Law 2. Inheritance 3. Testament (washiah) 4. Divorce 5. Property in marriage 6. Childcare, 7. Women and children rights 8. The rights and obligations of the family 9. Endowments (waqf) 10. Marriage and Gender 11. Customary law (adat) family practice
Arjuna Subject : Ilmu Sosial - Hukum
Articles 70 Documents
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The Legal Status of Wills in Islamic Law: A Juridical Analysis Hasibuan, Putra Halomoan
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i1.11243

Abstract

The article discusses the scope of wills, the legal basis for wills, types of wills, the pillars of a will, the requirements for the validity of a will, wills to heirs, limitations on wills, the number of wills, the cancellation and invalidation of a will, the revocation of a will, and the procedures involved. It then addresses the Islamic legal perspective on the execution of a will. This research uses a qualitative approach with literature study as the main data collection method. The conclusion is that the legal status of a will differs from one person to another depending on the circumstances, namely it is obligatory for someone if it is feared that the property left behind will be squandered. It is considered sunnah if the will is for charitable purposes, such as a will to relatives, the construction of mosques, schools, or other public interests. It is haram if the will can harm the heirs. This study provides both theoretical and practical contributions to the field of Islamic law, particularly in the area of fiqh al-wasiyyah (Islamic jurisprudence on wills). Using a qualitative approach and literature study as the primary data collection method, the article offers a comprehensive analysis of various aspects of testamentary wills, including their legal basis, types, pillars and validity requirements, limitations, revocation procedures, and execution mechanisms. Keywords: Islamic Law, Legal Status, Wills
The Law of Adoption of a Child in the Womb and Its Status Panjaitan, Rizky Syahputra Azhar; Purba, Zainal Arifin
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i1.11339

Abstract

There is a significant lack of research that specifically addresses the legal and social implications of adopting children while they are still in the womb, particularly within the intersection of Islamic Law, positive Law, and local customs in Indonesia. This study explores the Law of adoption of children in the womb and their status. Researchers conducted research in the Sei Merbau District, where there is a phenomenon of adoption of children in the womb in several communities. The method used in this study is a qualitative method using an interview approach with the research respondents. The findings of this study are that there has been adoption and change in the status of children in the womb in Sei Merbau District, Tanjungbalai. In the analysis of Islamic Law, inconsistencies were found, where the adoptive parents mixed up the nasab by using their names as the biological parents of the adopted child. This activity is prohibited because it can change the Law from the adoption of a child who was originally “mubah” to “haram” due to the emphasis on the integrity of nasab. Meanwhile, in Positive Law, it was found that the adoption process did not go through a valid court and that there was an unauthorised change in civil status documents. This research highlights the urgent need for a clear and integrated legal framework to regulate the adoption of unborn children, ensuring the protection of the child’s rights and the consistency of legal practices with religious and national laws. This study reveals legal loopholes in the adoption of children in the womb and the importance of integrating Islamic law, positive law, and customary law in Indonesia.Keywords: Adoption, Status, Islamic Law, Positive Law
Judges' Consideration Of Polygamy Permits From The Perspective Of Positive Law And Islamic Law Na'im, Arroyan; Fauzi, Mohammad Yasir; Zaki, Muhammad; Mohd Ridzwan, Farah Batrisya Binti
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i1.11409

Abstract

Application for polygamy permit made at the Krui Religious Court level. One of the polygamy practices that occurs in society. This study aims to analyse the Panel of Judges of the Krui Religious Court in its legal considerations in deciding case Number 0251/Pdt/2016/PA.Kr concerning the granting of polygamy permits. This research method uses the judicial case study type, namely the application of normative Law to certain legal events that give rise to conflicts of interest. The results of this Judge's consideration are that the Applicant has met the facultative reasons according to the provisions of Article 4 paragraph (2) letter (a) in conjunction with Article 57 letter (a). And has met the cumulative requirements as stipulated in Article 5, paragraph (1) of Law Number 1 of 1974 concerning Marriage in conjunction with Article 55, paragraph (2) and Article 58 of the Compilation of Islamic Law. The purpose of this writing is to serve as study material for judges and legal experts, scholars and students. The results of the study show that positive Law and Islamic Law have differences in considering permission, but both have the same goal, namely, to achieve justice. Judges making their decisions are not only based on the Law but also on the provisions contained in Islamic Law, one of which is that the Panel of Judges relies on the word of Allah in QS Al-Nisa / 4: 3. The submission of polygamy on the grounds of avoiding adultery, then the Applicant considers polygamy as the right solution. The implication of this study is the importance of considering psychological and sociological aspects in dealing with sexual dysfunction in married couples. This study highlights the legal considerations and jurisprudence of judges in cases of polygamy and the integration of positive norms and Islamic law.Keywords: Judge's considerations, Positive Law, Islamic Law, Polygamy
Legal Considerations Regarding Child As Victim Of Abuse Decision Sexual On Verdict Number 9/Jn/2023/ Ms.Tkn Safiah, Cut Siti; Hotnidah; Fitriyani, Fitriyani
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i1.11495

Abstract

The studies aim to explain how the judge's considerations decide the punishment of 72 months imprisonment for the accused in decision Number 9/JN/2023/ MS.Tkn. and how the judge's considerations are based on the theory of Justice and aspects of Child Protection. This research use type of study with a method approach normative and library research. The materials law in study shared become two namely material Primary law includes decisions court Number 9/JN/2023/ MS.Tkn, Law Child Protection, Qanun and materials law secondary includes; publication books, journals, articles law, thesis, dissertation, related with abuse sexual in children. Data collection techniques are carried out with the method to study decision Number 9/JN/2023/ MS.Tkn with access to the Directory site Decision Supreme Court using the keyword “ harassment” sexual ” and legal writing others. Data analysis techniques used are descriptive analytic use do analysis to Decision Court Sharia Takengon Number 9/JN/2023/ MS.Tkn. Research results show that the judge's consideration to dropping the punishment prison of 72 months for the Defendant based on the testimony of witnesses and the fulfillment of elements Article 47 of Aceh Qanun Number 6 of 2014. Considerations If seen from glasses, Justice procedural is Already fulfilled, but Not yet fully reflect Justice substantive for the victims. In line with the matter, That aspect of protecting children for the victims is also not yet fully fulfilled. The judge did not consider the history of the past crimes​ defendant, and the judge did not prioritise recovery impact psychological towards victims such as rehabilitation or restitution. The judge only focuses on the criminalisation of the perpetrator without the existence affirmation mechanism of protection and recovery child as a victim.
Religious Adaptation in Times of Crisis: Muhammadiyah Tarjih Council’s Fatwas on Islamic Practices During the COVID-19 Pandemic Ahmadi, Ahmadi; Mahrudin, Mahrudin; Alifuddin, Muhammad; Ilham, Muhammad
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

The study aim to examine in a way in depth fundamental ideas of Muhammadiyah face at a time do mitigation disaster covid19 pandemic through religious fatwa. The data in this study were obtained through studies containing documents related to organ policies about mitigation covid19 disaster. This data is important in terms of the interpretive paradigm, thus requiring researchers to understand the reasons of the actors in issuing religious policies and fatwas as mitigation measures. Data analysis continues continuously, with reference to the combined Miles and Huberman mechanism with method phenomenology hermeneutics from von Eckartsberg. The findings of the study are that Muhammadiyah looked at the effort subtraction risk. The COVID-19 disaster is a religious social obligation. So, besides deploying resources and infrastructure health, Muhammadiyah also educates the public through a fatwa about the ability to “change” patterns of religious rituals that are carried out during the pandemic. Tarjih Muhammadiyah fatwa was issued to embody the implementation of health protocols in order to avoid bigger harm, all at once giving basic arguments and beliefs to the public that changing the pattern of ritual action during the Covid-19 pandemic is not a religious deviation. Ritual action patterns that were previously carried out en masse in mosques and the field can be shifted to private spaces. Likewise, with the sacrificial slaughter ritual, it is more advisable to prioritise infaq based on economic empowerment, especially for subjects affected by the socio-economic impact of the pandemic situation. Change pattern religious ritual habits issued by Muhammadiyah as an action to mitigate disaster based on principles of maqasid Sharia in the framework of looking after the continuity of life (hifdz an-nafs). Conclusion about hidz The nafs underlying the Fatwa of Tarjih Muhammadiyah was obtained through reasoning by Burhani, Bayani and Irfani.
Analysis of Causes, Impacts, and Strategies of Post-Divorce Wife's Psychological Recovery Overview Family Psychology Jafar, Eka Sufartianinsih; Adelia, Nurul
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

Penelitian ini bertujuan untuk menganalisis faktor-faktor penyebab perceraian, dampaknya terhadap istri, serta strategi pemulihan psikologis pasca perceraian dalam perspektif psikologi keluarga. Latar belakang studi ini didasari oleh meningkatnya angka perceraian di Kota Makassar, khususnya perceraian yang diajukan oleh istri, yang mencerminkan dinamika sosial dan psikologis dalam institusi pernikahan. Metode yang digunakan adalah kualitatif dengan pendekatan studi kasus melalui wawancara mendalam terhadap seorang wanita berusia 52 tahun yang mengalami perceraian. Hasil penelitian menunjukkan bahwa terdapat empat faktor utama penyebab perceraian: perbedaan pendapat yang bersumber dari perbedaan usia dan pola pikir antara pasangan, kurangnya komunikasi efektif, konflik rumah tangga yang tidak terselesaikan, dan perselingkuhan. Dampak perceraian yang dialami responden meliputi hilangnya dukungan sosial, munculnya perasaan sedih mendalam, dan rusaknya hubungan kekeluargaan (terutama terputusnya tali silaturahmi). Meski demikian, responden berupaya melakukan pemulihan psikologis melalui pendekatan membujuk mantan pasangan serta membangun kembali relasi yang harmonis setelah perceraian. Penelitian ini menyimpulkan bahwa perceraian bukan hanya peristiwa hukum atau agama, tetapi juga proses psikologis yang kompleks yang berdampak luas terhadap individu dan lingkungan sosialnya. Pemahaman terhadap penyebab dan dampaknya sangat penting untuk membangun program konseling, intervensi psikologis, serta edukasi pranikah yang dapat membantu pasangan membangun pernikahan yang sehat, harmonis, dan berkelanjutan.
An Islamic Legal Review of Forced Marriage to a 'Boru Tulang' in Mandailing Custom: A Case Study in Simbolon Village, Padang Bolak Subdistrict, North Padang Lawas Regency Simamora, Harapan; Pasaribu , Ilhamsyah
KALOSARA: Family Law Review Vol. 5 No. 1 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

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Abstract

Marriage in Islam is a sacred bond that must be based on the consent of both parties without any element of coercion. However, in the Mandailing customary community, matchmaking practices that involve coercion are still found, particularly in the tradition of Manyunduti, which involves the marriage between a man and his Boru Tulang (the daughter of the mother's brother). This study aims to describe the practice of forced marriage to a Boru Tulang in Simbolon Village, Padang Bolak Subdistrict, North Padang Lawas Regency, and to analyze it from the perspective of Islamic law. The method used is a qualitative approach with an empirical legal method through interviews with traditional leaders, religious figures, and individuals who have experienced arranged marriages. The results of the study show that this practice is driven by the desire to preserve inherited wealth, strengthen kinship ties, and maintain customary traditions. However, in Islamic law, marriage without willingness contradicts the principles of consent (ridha) and freedom in choosing a spouse. Although a guardian (wali) has the right of ijbar, Islam still emphasizes the importance of the bride and groom's consent. Therefore, matchmaking practices such as Manyunduti need to be re-evaluated to align with the values of justice, public interest (maslahah), and individual rights according to Islamic law
Methodology of Egyptian Inheritance Law Reform Khitam, Husnul; Hayati, Siti Muna; Rahmawati, Anif; Utsany, Royan
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11024

Abstract

Studies on Islamic inheritance law in Egypt have thus far tended to be descriptive-historical, particularly concerning the codification through Law No. 77 of 1943 and Law No. 71 of 1946, without offering much critical assessment of the methodological foundations of takhayyur (cross-madhhab selection), taṭbīq (contextual application), and tajdīd (reinterpretation). This gap highlights the lack of theoretical reconstruction regarding the state’s institutional ijtihād and the limited analysis of the reform’s impact on society, gender justice, and cross-national inheritance dynamics. This study aims to analyze the methodological construction of Egypt’s inheritance law reforms, evaluate their implications for the principle of substantive justice, and examine their relevance to contemporary challenges. Theoretically, it employs the concept of institutional ijtihād—namely the role of the state in selecting and adapting the opinions of fuqahāʾ—to explain the flexibility of Islamic law within the modern legal order. The findings indicate a significant redefinition, including: restricting homicide as an impediment to inheritance solely to cases of intentional killing; granting equal rights in al-masʾalah al-mushtarakah; expanding radd rights for widowers/widows; introducing special regulations on lineage acknowledgment (al-muqarr lahu bi al-nasab); and the establishment of the obligatory will (waṣiyyah wājibah) for orphaned grandchildren. These results affirm that Egypt’s inheritance law reform represents an effort to balance classical fiqh with modern social demands. The implication is that the Egyptian model may serve as a reference for other Muslim-majority countries, including Indonesia, in formulating inheritance law that is more just, adaptive, and oriented toward gender justice and legal pluralism.   Keywords: Inheritance Law Reform, Institutional Ijtihād, Obligatory Will (Waṣiyyah Wājibah)
Pluralism and Justice in Indonesian Inheritance Law: A Comparative Analysis of Customary, Islamic, and Civil Systems Abdul Ali Mutammima Amar Alhaq; Winarni; Muh. Mutawali; Nuruddin; Zein, Anwar
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11434

Abstract

The pluralism of inheritance law in Indonesia, encompassing customary law, Islamic law, and the Civil Code, reflects the country’s cultural, religious, and legal diversity. Despite accommodating such diversity, overlapping norms, divergent distribution principles, gender biases, and legal uncertainty remain significant challenges. Limited integrated comparative studies that analyze these three inheritance systems, considering gender and local cultural values, constitute a research gap. This study aims to: (1) conduct a normative-comparative analysis of principles, norms, and inheritance distribution mechanisms across the three legal regimes; (2) evaluate the implications of pluralism for equal rights, legal certainty, and potential disputes through statutory regulations, court decisions, and academic literature; and (3) propose a harmonization model that is inclusive, culturally sensitive, and grounded in substantive justice and gender equality. The study analyzes legislation, documented customary law, and relevant court decisions using a normative juridical and comparative approach. Theoretical frameworks include Legal Pluralism (Griffiths), Substantive Justice (Rawls), and Legal Harmonization (Otto). Findings indicate that, without harmonization, pluralism exacerbates legal uncertainty and gender inequality. A model based on local values and gender equality effectively reduces disputes and strengthens legal certainty, implying the need for national policies with technical guidelines for inclusive, culturally sensitive inheritance law harmonization that safeguards all citizens’ rights.   Keywords: Civil System, Customary System, Inheritance Law, Islamic System The pluralism of inheritance law in Indonesia, encompassing customary law, Islamic law, and the Civil Code, reflects the country’s cultural, religious, and legal diversity. Despite accommodating such diversity, overlapping norms, divergent distribution principles, gender biases, and legal uncertainty remain significant challenges. Limited integrated comparative studies that analyze these three inheritance systems, considering gender and local cultural values, constitute a research gap. This study aims to: (1) conduct a normative-comparative analysis of principles, norms, and inheritance distribution mechanisms across the three legal regimes; (2) evaluate the implications of pluralism for equal rights, legal certainty, and potential disputes through statutory regulations, court decisions, and academic literature; and (3) propose a harmonization model that is inclusive, culturally sensitive, and grounded in substantive justice and gender equality. The study analyzes legislation, documented customary law, and relevant court decisions using a normative juridical and comparative approach. Theoretical frameworks include Legal Pluralism (Griffiths), Substantive Justice (Rawls), and Legal Harmonization (Otto). Findings indicate that, without harmonization, pluralism exacerbates legal uncertainty and gender inequality. A model based on local values and gender equality effectively reduces disputes and strengthens legal certainty, implying the need for national policies with technical guidelines for inclusive, culturally sensitive inheritance law harmonization that safeguards all citizens’ rights.   Keywords: Civil System, Customary System, Inheritance Law, Islamic System
Reinterpreting Marital Maintenance: A Maqāṣid al-Sharī’ah Study on Skincare and Cosmetics Consumption in Indonesia and Algeria Barkah, Mochamad Riskana; Rouf, Abd.
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11524

Abstract

In Islamic law, research on marital maintenance (nafkah) has traditionally focused on clothing, food, and shelter. In contrast, the role of skincare and cosmetics as part of a wife’s maintenance remains underexplored, especially in a comparative context between Indonesia and Algeria. Prior studies limit nafkah to basic needs, overlooking emerging consumption patterns shaped by health awareness and modern self-care practices. This study addresses this gap by reinterpreting nafkah through the lens of maqāṣid al-sharī’ah and ‘urf, employing a normative-comparative approach. The research examines classical and contemporary fiqh sources, national regulations—including Indonesia’s Marriage Law and Compilation of Islamic Law, and Algeria’s Code de la Famille—and recent socio-cultural dynamics in both countries. Findings suggest that skincare, due to its preventive and health-related functions, aligns with ḥifẓ al-nafs (protection of life/health) and ḥifẓ al-’irḍ (protection of dignity), and thus qualifies as obligatory nafkah bil-ma’rūf. Cosmetics are conditional, required only if they were part of the wife’s pre-marital habits (‘urf khāṣṣ) or requested by the husband, falling under taḥsīniyyāt. Comparative analysis highlights differences in family law orientation: Indonesia tends toward a formalistic approach, whereas Algeria adopts an adaptive framework emphasizing ‘urf through the Maliki school. This study contributes to contemporary Islamic family law discourse by illustrating how consumption culture, gender expectations, and modern health practices intersect with marital obligations.   Keywords: Maqāṣid al-Sharī’ah, Reinterpretation of Nafkah, Skincare and Cosmetics, ‘Urf

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