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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 77 Documents
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The Greun System in Lamaholot Customary Marriage: A Maslahah Mursalah Perspective in Islamic Family Law Zainal Jamin; Kasuwi Saiban; Faishal Agil Al Munawar; Abdurrahman Muhammad Mushab
KALOSARA: Family Law Review Vol. 6 No. 1 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i1.13420

Abstract

The greun system is a customary mechanism used by the Lamaholot people in regulating marriage based on kinship relations and tribal structure. In practice, greun is often used as the main reference before marriage takes place, even preceding religious considerations. This study addresses the gap in integrating local customary marriage practices with the framework of maṣlaḥah mursalah in Islamic legal theory. This article aims to examine the greun system through the maṣlaḥah mursalah approach in order to assess the legitimacy and limits of its applicability in Islamic marriage law. This research uses a qualitative method with a normative-empirical approach, through the analysis of the literature on fiqh proposals and interviews with traditional and religious leaders in Leworaja Village, Lembata Regency. The results of the study show that greun functions as a customary norm that regulates the selection of mates and maintains social order in the Lamaholot community. Maṣlaḥah Mursalah provides a methodological framework for judging Greun as 'urf which is judged on the basis of maqāṣid al-Syarī'ah. Greun is at the level of maṣlaḥah ḥājiyyāt so that it acts as a mechanism of social benefit without having the authority to determine halal-haram or the legality of marriage according to shari'i. This article contributes to affirming the distinction between customary and sharia authorities and enriching the study of fiqh proposals based on local contexts. Keywords: customary marriage; greun; islamic family law; maṣlaḥah mursalah; ‘urf.
Substantive Inequality in Article 116 (b) and (c) of the Kompilasi Hukum Islam: A Rawlsian Analysis of Divorce Law Reform Muhammad Danias Salsabila; Abd. Rouf; Syaikhoni
KALOSARA: Family Law Review Vol. 6 No. 1 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i1.13903

Abstract

The regulation of divorce grounds in Article 116 of the Kompilasi Hukum Islam (KHI), particularly letters (b) and (c), reveals a temporal disparity that affects parties’ access to justice. Although widely discussed in normative and judicial contexts, studies applying a Rawlsian framework especially the difference principle remain limited. This study examines whether these temporal differences constitute substantive inequality and whether they are normatively justifiable. Using normative legal (doctrinal) research with statutory and conceptual approaches, the study operationalizes John Rawls’ theory of justice as an evaluative framework to assess the distribution of legal protection for the least advantaged. The findings show that the disparity between Article 116 (b) and (c) reflects substantive inequality, as it applies inconsistent time- and status-based parameters to situations that are essentially similar, namely the failure to fulfill marital obligations. Such inequality cannot be fully justified under the difference principle, as it may prolong or generalize the harm suffered by disadvantaged parties. Accordingly, this study argues for a shift from a formally time-based approach toward one based on substantive impact, to ensure that divorce law is more responsive in protecting vulnerable individuals. Keywords: Article 116; Divorce; John Rawls’ Theory of Justice; Kompilasi Hukum Islam.
Maslahah-Based Judicial Reasoning in Divorce Cases Involving Extramarital Relationships: A Case Study of The Gorontalo High Religious Court Fitriyani; Budiman, Arman; Wafaa Yusof
KALOSARA: Family Law Review Vol. 6 No. 1 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i1.13904

Abstract

A marriage may remain legally intact on paper while, in reality, it has already collapsed under betrayal, emotional rupture, and irreparable harm. This study aims to analyze the philosophical, legal, and sociological arguments employed by the judges of the Gorontalo High Religious Court in deciding a divorce case involving an extramarital relationship, and to examine how the principle of maslahah is constructed within that judicial reasoning. Using a qualitative juridical case-study design, the research focuses on Decision Number 12/Pdt.G/2013/PTA.Gtlo and is supported by interview data with judges. The findings show that the judges’ reasoning was built through the integration of philosophical considerations of substantive justice, juridical considerations based on positive law, Islamic legal norms, and jurisprudence, as well as sociological considerations derived from the factual breakdown of the marital relationship. The discussion further demonstrates that the decision was substantively guided by a maslahah-oriented logic, particularly the principle of dar’u al-mafāsid muqaddam ‘alā jalb al-maṣāliḥ, by which divorce was treated as a means of preventing greater harm when the continuation of marriage no longer served its essential purposes. This study concludes that maslahah provides an operationally valid framework for understanding judicial reasoning in appellate divorce cases within religious courts. The research implies that Islamic legal values are not merely theoretical references, but can function as practical judicial tools for aligning legal certainty, justice, and social reality in family law adjudication. Keywords: divorce cases; judicial reasoning; maslahah.
Negotiating Religious Legitimacy and State Legality: Sirri Marriage in Islamic Family Law in Asam Jujuhan District Burhanudin; Eli Martati; Nofialdi; Latif Aswen
KALOSARA: Family Law Review Vol. 6 No. 1 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i1.13982

Abstract

Sirri marriage remains one of the most troubling paradoxes in Muslim family life: religiously accepted by many communities, yet legally invisible in ways that often leave women and children unprotected. This study aims to examine the problem of sirri marriage in Asam Jujuhan District from the perspective of Islamic family law, with particular attention to its practice, the factors sustaining it, its legal consequences, and the limited use of the isbat nikah mechanism. Employing a qualitative phenomenological design, the research collected data through semi-structured interviews, observations, and documentation involving judges, KUA officials, religious counselors, local leaders, and couples engaged in sirri marriage. The findings show that sirri marriage persists not merely because of legal ignorance, but due to the interaction of geographical isolation, weak institutional access, administrative barriers, economic hardship, and limited legal awareness. The discussion reveals that while sirri marriage is regarded as valid under Islamic law when its essential elements are fulfilled, it remains unrecognized under state law, creating serious vulnerabilities for spouses and children, especially in relation to legal status, maintenance, inheritance, and civil documentation. The study concludes that sirri marriage in Asam Jujuhan reflects an unresolved tension between religious legitimacy and state legality, and that its persistence is rooted in structural and socio-legal constraints rather than in doctrine alone. The study implies the need to strengthen legal outreach, improve access to marriage registration, and optimize isbat nikah as an institutional bridge between Islamic family law and state legal protection.   Keywords: Islamic Family Law; Marriage Registration; Sirri Marriage.
Reformulating Islamic Inheritance Law for Social Media Accounts as Digital Assets: An Empirical Study in Parepare, Indonesia Poga, Nailah Farafizah; Mutmainnah, Iin; Nur Mizwary Mustamin; Bate, Nurdalia; Rahmawati
KALOSARA: Family Law Review Vol. 6 No. 1 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i1.14030

Abstract

The rapid expansion of digital life has produced a new inheritance dilemma: social media accounts may outlive their owners as economically productive assets, while legal systems remain unprepared to regulate their posthumous transfer and management. This study aims to formulate an Islamic inheritance law framework for social media accounts as digital assets through a case study in Parepare City, Indonesia. It employs an empirical juridical design with a case-study approach involving 17 purposively selected participants, consisting of 15 influencers, one religious court judge, and one legal academic. Data were collected through semi-structured interviews and questionnaires and analyzed using qualitative content analysis. The findings reveal that social media accounts have developed into economically valuable digital assets through monetization, endorsements, and online commercial activities, and that most participants regard such accounts as inheritable when they have identifiable ownership, measurable economic value, and lawful benefit. The study further finds that the main challenge lies not in the normative legitimacy of inheriting such assets, but in the lack of clear mechanisms for ownership verification, lawful access, managerial authority, privacy protection, and the distribution of continuing economic benefits after death. The discussion shows that Islamic inheritance law is conceptually flexible enough to accommodate these assets through the concepts of al-māl, qiyās, and maqāṣid al-syarī‘ah, but remains operationally underdeveloped in regulating their posthumous management. This study implies the need for normative-technical reform through explicit recognition of economically valuable social media accounts as inheritance objects, clearer distinction between economic rights and access rights, stronger use of digital wills, and a more defined role for religious courts in digital inheritance disputes. Keywords: digital assets; islamic inheritance law; social media accounts.
Evaluating The Effectiveness of Islamic Family Law Reform and Public Legal Awareness in Preventing Underage Marriage in Tegal: A Study after the Enactment of Law No. 16 of 2019 Ali, Nur; Meidina, Ahmad Rezy; Imam Sibawaih
KALOSARA: Family Law Review Vol. 6 No. 1 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i1.14032

Abstract

The study examines the effectiveness of Islamic family law reform and the level of public legal awareness regarding underage marriage following the enactment of Law Number 16 of 2019 in Tegal Regency and Tegal City. While the amendment, which raised the minimum legal age of marriage to nineteen for both men and women, represents a significant normative shift, the persistence of underage marriage indicates a gap between legal reform and its social implementation. This study addresses the gap by analyzing how legal awareness and socio-cultural factors influence the effectiveness of the reform at the community and institutional levels. Employing a socio-legal approach, this research integrates normative legal analysis with empirical fieldwork involving interviews, observations, and document analysis conducted with religious court officials, marriage registrars, community leaders, and affected families across selected districts in Tegal. The findings demonstrate that although the legal framework has strengthened institutional control over marriage registration, its effectiveness remains uneven due to varying levels of legal awareness, entrenched socio-cultural norms, economic pressures, and the strategic use of marriage dispensation mechanisms. The study concludes that legal reform alone is insufficient to reduce underage marriage without complementary efforts to enhance legal literacy and address structural social factors. This research recommends strengthening institutional coordination, improving community-based legal education, and reforming the dispensation mechanism to ensure stricter and more consistent application. By linking legal reform with legal consciousness and social practice, this study contributes to the discourse on the effectiveness of Islamic family law in plural and dynamic societies, while offering policy-relevant insights for improving family law governance in Indonesia.   Keywords: islamic family law reform; legal awareness; socio-legal studies; underage marriage.
Legal Protection for Wives due The Annulment of A Marriage: A Maqasid Al-Shari'ah Perspective A Study of Religious Court Rulings in Indonesian Pulungan, Muhammad Alfi Syahrin; Lubis, Syaddan Dintara
KALOSARA: Family Law Review Vol. 6 No. 1 (2026): Kalosara: Family Law Review
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v6i1.14100

Abstract

The study examines the legal protection afforded to good-faith wives in marriage annulment cases and explores the integration of maqāṣid al-sharīʿah principles into judicial reasoning. Although the Indonesian Marriage Law and the Compilation of Islamic Law regulate the grounds for annulment, previous studies have not addressed the normative gap concerning the post-annulment rights of wives. This gap namely, the absence of substantive protection for wives who suffer harm due to identity fraud or deception constitutes the central focus of the research. Using a normative juridical method supported by statutory, doctrinal, and case law analysis, the study finds that judicial practice remains predominantly formalistic. Marriage annulment is treated as nullifying all legal consequences from the outset, which ultimately disadvantages wives acting in good faith. An analysis based on maqāṣid al-sharīʿah, particularly the principle of ḥifẓ al-nafs, indicates that annulment decisions should account for humanitarian considerations, prevention of harm, and the preservation of women's dignity. This research contributes to the development of Islamic family law discourse by proposing a more progressive interpretive framework that incorporates maqāṣid al-sharīʿah into judicial decision-making. The findings carry practical implications for religious courts in Indonesia, emphasizing the need to recognize and protect the rights of wives more comprehensively in annulment cases, as well as encouraging the development of regulations that respond more effectively to women's vulnerability.   Keywords: Hifz Al-Nafs; Maqasid Al-Shariah; Marriage Annulment.

Page 8 of 8 | Total Record : 77

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