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Aulil Amri
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Program Study of Family Law of Department Faculty of Sharia and Law of the State Islamic University of Ar-Raniry Banda Aceh, Aceh, Indonesia.
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INDONESIA
El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Published by Universitas Islam Negeri Ar-Raniry Banda Aceh
ISSN : 28291042     EISSN : 28290666     DOI : https://www.doi.org/10.22373/hadhanah
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Focus El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law focused on Family Law and Islamic Law and present developments through the publication of articles, research reports, and book reviews. Scope El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law specializes in Family Law And Islamic Law and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines. • Family law • Inheritance law • Islamic criminal law • Islamic economy law • Islamic constitutional law • Islamic law and gender • Islamic law and society • Islamic law and politics
Arjuna Subject : Ilmu Sosial - Hukum
Articles 130 Documents
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Epistemology of Misyar Marriage by Yusuf al-Qaradawi in the Book of Zawāj al-Misyär Hakikatuh and Hukmuh from the Perspective of the Philosophy of Science Mardi, Isra; Kodir, Abdul; Rohanda, Rohanda
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.6811

Abstract

Misyar marriage is a controversial alternative marital form within contemporary Islamic discourse, particularly concerning its legal validity and alignment with the objectives of Islamic law (maqāṣid al-sharīʿah). Imam Yusuf al-Qaradawi, a leading figure in modern Islamic legal thought, addresses this phenomenon in his work Zawāj al-Misyār Ḥaqīqatuh wa Ḥukmuh. This article seeks to examine the epistemological foundation of al-Qaradawi’s view on misyar marriage to understand the structure of his legal reasoning and methodology. This study specifically focuses on the epistemic foundations underlying Yusuf al-Qaradhawi's views on the practice of misyar marriage, the ijtihad method used, examining the authoritative sources that are Yusuf al-Qaradhawi's main references, and his approach in combining normative texts with contemporary social realities. This study adopts a qualitative descriptive-analytical method, employing content analysis of al-Qaradawi’s primary work, especially Zawāj al-Misyār Ḥakīkatuh wa Ḥukmuh. The analysis is conducted within the framework of Islamic philosophy of knowledge, emphasizing the integration of epistemologies. The findings reveal that al-Qaradawi constructs his fatwa through an integrative approach responsive to modern realities, employing takyīf fiqhī as a contextual ijtihad tool. His epistemic foundation combines scriptural authority with maqāṣid-oriented reasoning, producing legal opinions that are both normatively valid and socially constructive. This contributes significantly to the development of a adaptive contemporary Islamic legal epistemology and maslahah.
Parental Responsibility for Children Placed in the Aisyiyah Orphanage Batusangkar Branch A Review of Islamic Family Law Husna Rita; Nofialdi; Arianti, Farida; Yunarti, Sri
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.7654

Abstract

This study explores the responsibilities of parents toward children placed in the Aisyiyah Orphanage, Batusangkar Branch, through the lens of Islamic Family Law. parents are obliged to provide for and raise their children even after divorce. The 1974 Indonesian Marriage Law (Articles 45 and 41) mandates that both parents are responsible for their children’s welfare until they are self-sufficient or married. However, the reality on the ground often shows a significant gap between legal expectations and practical implementation, particularly in cases involving divorce, poverty, or remarriage.  The research focuses on three issues: the reasons why parents put their children, the obstacles for parents to put their children, and the responsibility of parents for children who are put in the Aisyiyah Orphanage Batusangkar Branch. This study Used qualitative field research with a descriptive approach, data were gathered through interviews and documentation involving parents, children, and orphanage administrators. The results showed that people who put their children in orphanages had 5 reasons, namely: so that children are in a safe environment, biological fathers are reluctant to care for their children, mothers are unable to educate their children, to continue their children's education, get guidance from caregivers and administrators. There are 3 obstacles for parents to put their children in the Aisyiyah Branch Batusangkar orphanage, namely: not being fully supported by their biological father, the lack of income of parents, parents being unable to provide maintenance. For the responsibilities of parents towards children in orphanages according to the results of interviews found by researchers that there are 8 respondents who carry out their responsibilities as parents but not fully, while 2 foster children do not accept the responsibilities of parents.
A Comparative of Sanctions for Hoax as an Information Crime under the Electronic Information and Transactions Law (UU ITE) and Fiqh Jinayah Efendi, Sumardi
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.7698

Abstract

The dissemination of hoaxes as a form of digital information crime presents a serious challenge in modern society. Hoaxes not only cause individual harm but also disrupt social stability. Therefore, a legal approach is required that is not solely legalistic but also grounded in ethical and moral values. This research is focused on identifying the legal elements in hoax crimes according to the ITE Law and fiqh jinayah, analyzing the form and purpose of sanctions given in both legal systems, and providing integrative recommendations for law enforcement of information crimes in Indonesia that consider the principles of Islamic law as the moral and spiritual values of the nation. This study employs a library research method using a qualitative-descriptive approach. Data were obtained from academic literature, classical and contemporary fiqh texts, statutory regulations, and accredited scientific journals, then analyzed through a comparative legal framework. The Indonesian Electronic Information and Transactions Law (UU ITE) imposes criminal sanctions in the form of imprisonment and fines on hoax perpetrators, aiming to create a deterrent effect and protect the public. Meanwhile, fiqh jinayah views the dissemination of hoaxes as jinayah al-lisan (verbal offense), which may be subject to ta’zir punishment based on the extent of harm caused. The principles of maqasid al-syariah and social responsibility reinforce the urgency of education and substantive justice. The fiqh jinayah approach may complement positive law in addressing hoaxes by prioritizing public interest (maslahah), prevention, and moral values. Integrating Islamic legal principles into national law constitutes a strategic solution to the complexity of digital information crimes.
Implementation of Legal and Social Assistance for Street Children Victims of Sexual Exploitation in Padang City from the Perspective of Legal Sociology Kamila Hesti; Danil, Elwi; Zurnetti, Aria
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 1 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i1.7830

Abstract

Street children in Indonesia are among the most vulnerable social groups, particularly exposed to various forms of exploitation, including sexual abuse. Despite the existence of regulatory frameworks such as Law No. 35 of 2014 on Child Protection and local regulations in Padang City, the implementation of protective measures for these children remains inconsistent and fragmented. This study aims to investigate the implementation of assistance programs for street children who are victims of sexual exploitation, with a focus on the role played by the Padang City Social Service Office. The research also explores the legal and institutional challenges that hinder the effectiveness of such interventions. This research uses a juridical sociological approach with a qualitative method. Data was collected through in-depth interviews with government officials, social services, and other parties related to the research topic. Secondary data in the form of documents were obtained from literature studies of legal documents, policy reports, and academic literature. The findings indicate that while a framework for holistic support comprising legal aid, psychological counseling, education, and basic needs assistance has been established, its implementation suffers from several key constraints. These include limited government budgets, weak inter-agency coordination due to sectoral egotism, and a lack of public awareness regarding the rights and protection of child victims. Furthermore, social stigma often prevents effective community involvement. This study concludes that without strengthening social and institutional structures and increasing cross-sectoral synergies, child protection will not be effective. Strengthening policy implementation, public education, and integration of Islamic legal values such as the protection of the soul (ḥifẓ al-nafs) and descendants (ḥifẓ al-nasl) can be a strong normative basis in creating a fair and sustainable child protection system.
Islamic Criminal Law in a Plural Legal Order: A Systematic Literature Review of Qanun Jinayah Effectiveness in Aceh, Indonesia Yuni Roslaili; Fauzan, Faisal; Suparwany
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 2 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i2.7885

Abstract

The Qanun Jinayah represents Aceh’s distinctive model of Islamic criminal law within Indonesia’s secular constitutional framework. Its implementation has generated considerable debate regarding legitimacy, effectiveness, and alignment with national and international human rights standards. Despite extensive discourse, existing studies remain fragmented and largely descriptive, lacking an integrated analytical framework to evaluate its real societal impact. This study addresses that gap by systematically reviewing literature published between 2014 and 2024 using the PRISMA methodology. Relevant sources were identified through Google Scholar and managed with Mendeley for screening, duplication removal, and thematic classification. Nine empirical and conceptual studies met the inclusion criteria. The findings reveal a dual narrative: while the Qanun Jinayah demonstrates normative effectiveness in reflecting Islamic principles and supporting moral governance, institutional and socio-cultural effectiveness remains partial due to weak law enforcement capacity, inconsistent procedural alignment with national law, and limited protection of individual rights. This review contributes theoretically by proposing a multi-dimensional effectiveness framework that integrates normative, institutional, and socio-cultural dimensions offering a more holistic tool for assessing hybrid Islamic-secular legal systems. The study concludes that while Qanun Jinayah upholds regional autonomy under Law No. 44/1999 and Law No. 11/2006, substantive reform is urgently required to enhance institutional legitimacy and human rights compliance. The findings hold significant implications for scholars and policymakers seeking to reconcile Islamic criminal law with Indonesia’s plural legal order and for comparative research on localized Sharia implementation in plural legal contexts.
Legal Certainty and Protection of Heirs’ Rights over Digital Assets: Reconstruction of Islamic Inheritance Law in the Digitalization Era Rachmawan, Farhan; Hidayah, Astika Nurul
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 2 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i2.8110

Abstract

Digital assets such as cryptocurrency, social media accounts, NFTs (Non-Fungible Tokens), and other types of virtual ownership have emerged as a result of rapid technological advances. This phenomenon raises new issues in Islamic inheritance law in Indonesia, particularly regarding the status, inheritance procedures, and security of assets. This research method uses a normative juridical approach with a legislative and conceptual approach. The study utilizes primary legal sources from legislation, hadith, and the Quran, as well as secondary legal sources from literature reviews. The objective of this research is to evaluate the status of digital assets as inheritable property from an Islamic legal perspective and to determine their legal certainty within the Islamic inheritance system in Indonesia. The results of the study indicate that digital assets, which have economic value, can be inherited according to Islamic law. Highlighting the absence of regulations, technical challenges in access and security, and the need for harmonization between Sharia law and technological developments, despite the detailed regulation of principles of justice and transparency in Islamic inheritance law, the implementation of digital asset distribution is still hindered by the absence of clear legal mechanisms and operational standards for the inheritance of digital assets. To achieve justice and avoid disputes among heirs, there is a need to strengthen regulations, promote Sharia digital literacy education, and foster collaboration between the government, religious scholars, and technology practitioners.
Judicial Discretion in Determining the Quantum of Nafkah Māḍiyah (A Study of Banda Aceh Syar’iyah Court Decisions) Arrayansyah, Faisal; Mukdin, Khairani; Alimuddin
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 2 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i2.8227

Abstract

This study aims to analyze judicial discretion in determining the quantum of nafkah māḍiyah (past maintenance) in divorce cases at the Banda Aceh Syar’iyah Court through nine decisions issued between 2020 and 2025. The primary issue identified is the absence of standardized benchmarks or technical guidelines, leading to disparities among decisions even when trial facts are relatively similar. This study employs a juridical-normative-empirical research method, utilizing both case and statutory approaches. It applies content analysis of decisions and interview methods, examined through the perspectives of Islamic law (mazhab Shafi'i), substantive justice theory, and qaidah fiqhiyah (legal maxims). The findings indicate that judges continue to exercise individual discretion based on trial facts, resulting in variations where claims are granted fully, partially, or rejected entirely. The basis for calculation and legal reasoning is often not elaborated in detail; consequently, substantive justice is not always reflected in the decisions. From the perspective of Islamic law, particularly the Shafi'i school of thought, nafkah māḍiyah is obligatory provided the wife is not nusyūz, with consideration given to the wife's reasonable needs and the husband's capacity; however, the practical application remains inconsistent. This study offers theoretical implications by strengthening the application of substantive justice in the religious judiciary and demonstrating that judicial discretion can serve as an instrument of justice provided it balances formal legal, moral, and social aspects. Practically and in terms of policy, it is recommended that the Syar’iyah Court formulate technical guidelines for determining nafkah māḍiyah based on Shafi'i fiqh and principles of substantive justice to ensure decisions are legally valid and socially just.
Reconstructing the Law of Nasab for Children Born with a Gestation Period of Less Than Six Months through a Critical Analysis of the Perlis State Fatwa Based on Maqāṣid Al-Syarī’ah Bin Omar, Muhammad Nor Sulaimi; Mustaqilla, Safira
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 2 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i2.8480

Abstract

The phenomenon of children being born with a gestational period of less than six months after the marriage contract (premarital conception) has created a crisis of legal dualism in Malaysia. The majority of Malaysian states, following the National Fatwa, reject the attribution of lineage (nasab) of such children to their mother’s husband and mandate the use of “bin Abdullah,” which generates social stigma and long-term psychological consequences. In contrast, the Fatwa Committee of the State of Perlis issued a reformist opinion that allows the attribution of lineage to the mother’s husband if certain conditions are met. This study aims to critically analyze the methodological construction of the Perlis Fatwa in comparison with the National Fatwa, as well as to evaluate the relevance of both fatwas from the perspective of Maqāṣid al-Sharī‘ah (the objectives of Islamic law) and the protection of children’s rights in the modern context. The research employs a juridical-normative method using a statute approach. Primary data sources include the texts of the National Fatwa and the Perlis State Fatwa, along with official explanatory documents from the Mufti of Perlis. The data are analyzed using content analysis techniques and uṣūlī comparison to examine the evidences and methods of legal reasoning (istinbāṭ al-ḥukm). The study finds that the Perlis Fatwa does not intend to legalize fornication (zinā), but rather applies the principles of Sitr (concealing faults), Hifz al-Nafs, and Hifz al-‘Ird, which are considered more dominant than the formalistic textual approach of Hifz al-Nasl upheld by the National Fatwa. The Perlis Fatwa is strongly grounded in the opinions of minority classical scholars and is highly relevant to the principle of justice for innocent children. This research offers a new synthesis between classical Islamic law and modern sociological realities, recommending legal harmonization that prioritizes the welfare of children without compromising the principles of sharī‘ah, while also filling the gap in the literature regarding the maqāṣid-based justification of the Perlis Fatwa.
A Socio-Juridical Analysis of Law No. 1 of 1974 Regarding the Phenomenon of Unregistered Marriage in Sianjo-Anjo Meriah Village, Gunung Meriah District, Aceh Singkil Regency Azhima P, Annisa Rizqa; Misran; Husnul, Muhammad
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 2 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i2.9339

Abstract

This article discusses the analysis related to the implementation of Article 2 of Law Number 1 of 1974 concerning Marriage, which regulates the validity of marriages conducted according to the laws of each religion and the necessity of marriage registration. However, in some cases occurring in the village of Sianjo-Anjo Meriah, Gunung Meriah Subdistrict, Aceh Singkil Regency, cases of unregistered marriages (nikah siri) have been found, which were not registered at the Office of Religious Affairs (KUA). This study seeks to analyze the perspectives of the local community and village administration regarding nikah siri, and to further assess the legal certainty and effectiveness of protecting the rights of wives and children in the context of unregistered marriages at the Gunung Meriah KUA, as well as its implications for Article 2 of Law No. 1 of 1974 on Marriage and Islamic law. The research employs an empirical (socio-legal) method with a case and statute approach. Data were collected through in-depth interviews with village officials and community leaders, alongside analysis of judicial decisions. The findings of this study reveal that the practice of unregistered marriage (nikah siri) in Sianjo-Anjo Meriah Village stems from social and administrative factors. Although such marriages are religiously valid, they are not legally recognized by the state due to the absence of official registration at the Office of Religious Affairs (KUA). Consequently, wives and children are deprived of legal protections that should be guaranteed by the state. Therefore, intensive legal education, simplified access to marriage registration, and encouragement for couples who have entered into nikah siri to file for marriage validation (isbat nikah) at the Singkil Sharia Court are essential to ensure formal legal recognition.
Implementation of Muslim Family Maintenance Responsibilities After the Death of the Husband (Case Study of Al Binaa Islamic Boarding School) Azzahra, Fatimah; Muhtadin, Sabilul
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 5 No. 2 (2025): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v5i2.9480

Abstract

The obligation of family maintenance (nafkah) is a fundamental principle in Islamic family law, primarily assigned to the husband as the head of the household. However, when the husband passes away, the fulfillment of family maintenance often becomes a complex socio-economic issue. In this context, the role of socio-religious institutions is crucial in safeguarding the welfare of families left behind. This study aims to analyze the implementation of the responsibility for sustaining Muslim families after the husband’s death within the Al Binaa Islamic Boarding School environment, as well as to examine the role of the boarding school in maintaining family welfare through economic, social, and spiritual support. The research employs a descriptive qualitative method with a case-study approach through surveys. Data were collected using both closed and open questionnaires distributed online to six purposively selected respondents, namely wives or family members who directly experienced the condition following the husband’s death. The data were analyzed descriptively to understand patterns of sustenance support and practices of social solidarity within the boarding school community. The findings reveal that Al Binaa Islamic Boarding School plays an active role in supporting bereaved families through various forms of assistance, such as covering children’s educational expenses, providing housing, financial aid, and spiritual guidance. These findings affirm that the boarding school functions as a religious institution that integrates the values of Islamic family law with social practices based on the principle of ta’awun (mutual assistance) in preserving family welfare. This study offers a reconceptualization of sustenance obligations in contemporary Islamic law, shifting the paradigm from a contractual-individual framework to a covenantal-communal one. Practically, this model provides a framework for boarding school-based social protection policies that can be integrated with the national social security system.

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