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Muhammad Fuad Zain
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el-Aqwal: Journal of Sharia and Comparative Law
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : -     EISSN : 29625289     DOI : https://doi.org/10.24090/el-aqwal
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, English or Arabic.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
 1 
Search results for , issue "volume 5 issue 2 (2026)" : 4 Documents clear
Women’s Reproductive Rights in the Practice of ‘Azl: A Comparative Analysis of Islamic Legal Schools and Indonesian Islamic Family Law Khairatun Nisa; Imam Yazid; Tetty Marlina Tarigan
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16349

Abstract

The practice of ‘azl (coitus interruptus) remains a significant issue in Islamic family law because it concerns not only birth control but also reproductive authority and spousal rights within marriage. This article examines the position of the wife’s consent in the practice of ‘azl through a comparative analysis of the four major Sunni legal schools and evaluates its relevance to Indonesian Islamic family law. Employing normative legal research with statutory, conceptual, and comparative madhhab approaches, the study analyzes classical juristic texts, Islamic legal principles, and Indonesian family law regulations. The findings reveal that the Mālikī and Hanbalī schools require or strongly emphasize the wife’s consent, while the Shāfi‘ī and Ḥanafī schools provide broader authority to the husband despite acknowledging the wife’s reproductive interests. Through the frameworks of maqāṣid al-sharī‘ah and mubādalah, the study argues that reproductive decisions should be based on mutual consultation and shared responsibility. The article concludes that recognizing the wife’s consent strengthens reproductive justice and provides a normative foundation for the future development of Indonesian Islamic family law.
Legal Protection of Biological Children’s Inheritance Rights under Stepmother Control of Estate Property: An Empirical Study in Panyabungan Tonga Village Jamilah Rizka; Mhd. Yadi Harahap; Nurcahaya
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16488

Abstract

The realization of inheritance rights under Islamic law frequently encounters practical challenges despite the existence of comprehensive normative regulations. This study examines the legal protection of the inheritance rights of biological children in cases where estate property remains under the de facto control of a surviving stepmother. Employing an empirical juridical approach that integrates Islamic legal and socio-legal perspectives, the research was conducted in Panyabungan Tonga Village, Mandailing Natal Regency. Data were collected through interviews, documentation, and library research and analyzed qualitatively. The findings reveal that, following the decedent's death in 2018, the estate remained under the exclusive control of the surviving spouse without any legal separation between marital property and inheritance assets. This situation prevented the effective realization of the inheritance rights of the biological children from the first marriage. The study further identifies several contributing factors, including limited legal literacy, ineffective family deliberation, the absence of mediation by customary and religious leaders, and unequal access to information regarding the estate. These findings demonstrate a significant gap between the normative protection provided by Islamic inheritance law and the Indonesian Compilation of Islamic Law and its implementation in social practice. The study concludes that effective protection of inheritance rights requires not only clear legal norms but also transparent estate administration, strengthened legal awareness, and effective family-based dispute resolution mechanisms.
Transformasi Norma Adat dalam Hantaran Pernikahan Gorontalo: Analisis Hukum Adat dan Hukum Keluarga Islam terhadap Pergeseran Nilai Simbolik Hamid Pongoliu; Muhammad Gazali Rahman; Syukrin Nurkamiden; Ajub Ishak; Dikson Yasin
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/q0ey5405

Abstract

This study examines the transformation of customary norms in the practice of wedding gifts (hantaran) within the Gorontalo marriage tradition from the perspectives of customary law and Islamic family law. Unlike previous studies that primarily emphasize the symbolic meanings of wedding gifts as cultural heritage, this research positions hantaran as a normative institution of customary law that functions to transmit legal, moral, and social values concerning family life. Employing an empirical legal method with a socio-legal approach, the study integrates legal anthropology, customary law, and Islamic family law through interviews, observations, and documentary analysis. The findings reveal that the symbolic meanings of hantaran have undergone significant transformation due to modernization, urbanization, economic rationalization, and the influence of digital media. The shift reflects a movement from normative functions toward symbolic and representational functions without entirely eliminating the existence of customary law as living law. From the perspective of customary law, this transformation represents an adaptive process of legal culture, whereas Islamic family law recognizes such changes insofar as they remain consistent with the principles of al-'ādah al-muḥakkamah, 'urf ṣaḥīḥ, and maqāṣid al-syarī'ah. This study proposes a reconstructive model that emphasizes preserving the normative values of customary traditions rather than merely maintaining their ceremonial forms, thereby strengthening the integration of customary law and Islamic family law in responding to contemporary social change.
Reconstructing Marital Readiness among Generation Z: Islamic Legal Responses to the 'Marriage is Scary' Phenomenon in Pamekasan Yulia Anjani; Jamiliya Susantin; Urwatul Wusqo; Mujiburrohman
Jurnal Syariah dan Hukum Komparatif Volume 5 Issue 2 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v5i2.16510

Abstract

The 'marriage is scary' phenomenon has become increasingly prevalent among Generation Z and has significantly influenced how they perceive marriage as an institution characterized by risk and uncertainty. This study aims to analyze the factors contributing to the emergence of the 'marriage is scary' phenomenon among Generation Z in Pamekasan Regency and to reconstruct the concept of marital readiness from the perspective of Islamic law. The study employs a socio-legal approach with a qualitative methodology, utilizing interviews, observations, and document analysis. The findings reveal that the phenomenon is influenced by four primary factors: family trauma, exposure to negative content on social media, concerns regarding education and career development, and economic insecurity shaped by local socio-economic conditions. The findings further indicate that fear of marriage does not necessarily reflect a rejection of the institution of marriage; rather, it more frequently represents inadequate marital readiness. By integrating Marital Readiness Theory with the framework of maqāṣid al-sharī‘ah, this study proposes a reconstruction of marital readiness encompassing four principal dimensions: psychological, social, economic, and spiritual preparedness. These dimensions are oriented toward the realization of the objectives of protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-‘aql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). This study affirms that strengthening marital readiness in a comprehensive manner constitutes a more contextual Islamic legal response to addressing the 'marriage is scary' phenomenon among Generation Z in the digital era.

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