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Taufid Hidayat Nazar
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Syakhshiyyah Jurnal Hukum Keluarga Islam
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : -     EISSN : 29865409     DOI : https://doi.org/10.32332/syakhshiyyah
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Syakhshiyyah Jurnal Hukum Keluarga Islam is a scientific, peer-reviewed and open access interdisciplinary journal published twice a year (June and December). This journal is the result of a collaboration between Institut Agama Islam Negeri (IAIN) Metro Lampung and the Association of Indonesian Family Law Lecturers (ADHKI). This journal is managed by the Ahwal Syakhshiyyah Study Program, Faculty of Sharia. The Journal of Islamic Family Law Syakhshiyyah provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal, which can be examined empirically. The journal publishes research articles covering aspects of Islamic Family Law, Islamic Inheritance Law, and Review of Religious Court Decisions. The breadth of coverage of the Islamic Family Law context published by this journal not only covers local and regional dimensions but includes national to international dimensions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 104 Documents
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Analisis Pemikiran Haidar Bagir Dalam Perspektif Hukum Keluarga Islam: Makna Sakinah Pernikahan Apriansyah; Farah Batrisyia Binti Mohd Ridzwan; Pramudya Wisesha
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/bx4xwr63

Abstract

The concept of sakinah in Islamic family law is often narrowly understood as peace and tranquility in the household. However, Haidar Bagir offers a more comprehensive interpretation of sakinah, emphasizing justice, equality, and respect for individual rights within the family. Therefore, this study aims to analyze Bagir’s thoughts on sakinah within the framework of contemporary Islamic family law, using a hermeneutic and contextual approach. This method prioritizes dialogue between classical texts and socio-historical contexts to find legal solutions that are relevant to modern dynamics. Furthermore, the research shows that Bagir’s ideas address gender inequality, advocate for equal rights and responsibilities between spouses, and promote respect for women and children's rights. In addition, his hermeneutic approach allows for a more responsive interpretation of Islamic law to accommodate social and cultural developments. As a result, Bagir's thought significantly contributes to deconstructing conservative paradigms in Islamic family law and introduces a more inclusive and just concept of family.
Hubungan Hukum Keluarga Islam dengan Isu Hak Anak dan Pencatatan Perkawinan di Malaysia Tubagus Farhan Maulana
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/wpzqy564

Abstract

This study investigates the interplay between Islamic family law, children's rights, and marriage registration in Malaysia. As a Muslim-majority country, Malaysia's Islamic family law—primarily based on the Shafi'i school—has developed under the dual influences of British colonial legacy and legal modernization. The research traces the historical evolution of Islamic family law, highlighting the roles of local customs, legal codification, and its integration with the Common Law system. Although marriage registration is legally required, the validity of marriage is determined by Islamic principles rather than state procedures. Children's rights, governed by the Child Act 2001, encompass issues of custody, maintenance, and protection from abuse. Institutions such as the Family Support Division play a pivotal role in enforcing court-ordered support for children and ex-wives. The findings reveal that despite ongoing reforms, tensions persist in aligning Islamic family law with Malaysia's broader legal framework. A balanced approach that harmonizes Islamic values with contemporary legal standards is essential for safeguarding children's rights and ensuring effective marriage governance, positioning Islamic family law as a dynamic and responsive legal instrument.
Perlindungan Hukum Terhadap Kesejahteraan Anak Dalam Kasus Perceraian Menurut Kitab Fathul Qarib Ahmad Misbakh Zainul Musthofa
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/8z5dbn28

Abstract

Child custody (hadhanah) is a crucial legal issue following divorce, directly impacting children's emotional stability and overall well-being. Islamic law affirms that parental responsibilities continue even after divorce, with hadhanah serving as a central consideration. This study explores the concept of hadhanah in Fathul Qarib al-Mujib by Shaykh Muhammad bin Qasim al-Ghazi, a key reference in the Shafi’i school of jurisprudence, and assesses its relevance to Indonesia’s legal system. Positioned within normative-juridical research, this study compares Islamic jurisprudence with Indonesia’s positive law, particularly the Compilation of Islamic Law (KHI) and Law No. 35 of 2014 on Child Protection. Utilizing qualitative methods through library research, the study finds that Fathul Qarib prioritizes the mother as the primary custodian of children below the age of discernment (mumayyiz), except where disqualifying factors are present. The findings reveal that while Indonesia’s legal framework is generally aligned with Islamic jurisprudence, implementation remains problematic—particularly in monitoring and enforcing custody arrangements post-divorce. This study contributes to the development of child protection policy in Indonesia’s religious courts by advocating for more structured legal mechanisms to safeguard children's rights after parental separation.
Peranan Tokoh Adat Sebagai Mediator terhadap Pernikahan Adat Lampung dalam Perspektif Hukum Keluarga Islam Nugara Adi Saputra
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/xwrdzr81

Abstract

  The traditional marriage customs of the Lampung community, particularly the sebambangan tradition, constitute an essential aspect of its socio-cultural structure. This study investigates the role of traditional leaders in resolving marital disputes within Lampung’s customary framework through mediation based on Islamic family law principles. Using a qualitative method, the research draws on in-depth interviews with traditional leaders in Gunung Haji Village, namely Mr. Dendi Sepriyadi, Mr. Ahmad Nasoha, and Mr. Sidik. The findings indicate that traditional leaders occupy a pivotal role in reconciling conflicts by integrating the values of customary law with the normative framework of Islamic family law. They serve as both implementers of local traditions and mediators who ensure alignment with Islamic teachings. Additionally, their involvement contributes to cultural continuity by providing education and moral guidance to the younger generation. This study concludes that the mediatory role of traditional leaders is instrumental in achieving justice and social harmony within traditional marriage systems, offering a model of legal pluralism that bridges Islamic norms with local wisdom.
Tinjauan Yuridis terhadap Implementasi Nafkah dan Kebijakan Poligami dalam Hukum Keluarga Islam: Studi Perbandingan Indonesia dan Thailand Nafiah Wachidlatul Jannah; Tubagus Farhan Maulana; Muhammad Ilham Barizi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/zeepnr83

Abstract

This study provides a juridical analysis of financial support obligations and polygamy policies in Indonesia and Thailand. In Islamic law, providing financial support (nafkah) is a fundamental obligation of the husband toward his wife and children, as prescribed in the Qur’an and Hadith. While both countries recognize Islamic legal principles, they apply distinct legal frameworks in implementing rules on financial support and regulating polygamy. In Indonesia, marriage is governed by Law No. 1 of 1974 and the Compilation of Islamic Law, which imposes strict limitations on polygamy and clearly defines household financial responsibilities. In contrast, Muslim communities in southern Thailand have legal autonomy to apply Islamic family law, including provisions on marriage and financial obligations. This study adopts a normative juridical method and a comparative legal approach to assess the effectiveness of each legal system and its impact on women's rights within marriage. The findings reveal that, despite shared Islamic foundations, significant differences exist in the mechanisms for resolving disputes concerning financial support and polygamy. These differences are primarily shaped by the respective national legal structures and state-religion relations in each country.
Krisis Kesiapan Nikah Gen Z Dalam Narasi “Pernikahan Itu Menakutkan”: Relevansi Hukum Keluarga Islam Di Era Digital Farhan Lutfi, Farhan Lutfi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/j585j338

Abstract

The growing Marriage is Scary phenomenon among Generation Z reflects a paradigm shift in perceptions of marriage—from a symbol of maturity to a source of emotional anxiety, uncertainty about the future, and economic burden. This study analyzes the marriage readiness of Gen Z from the perspective of Islamic law by examining Articles 15–17 of the Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) as a normative foundation. Employing a qualitative juridical-normative method with a critical-narrative analysis approach, the study draws on legal texts, academic literature, and secondary sources such as media articles, survey reports, and digital content that illustrate Gen Z’s socio-cultural dynamics. The findings reveal a gap between the normative expectations of marriage readiness in the KHI and the actual sociocultural realities faced by Gen Z, particularly in terms of psychosocial readiness and power relations within marriage. The novelty of this study lies in its integration of Islamic family law with the contemporary phenomenon of digital culture—an intersection that remains underexplored in academic discourse. However, the study is limited by the absence of primary field data such as interviews or direct observation, which constrains a deeper understanding of Gen Z’s personal experiences. Nevertheless, this research contributes to the discourse on reforming Islamic family law to be more responsive and adaptive to the evolving values of the younger generation.
Pelaksanaan Kursus Pra Nikah Calon Pengantin Dalam Menggapai Keluarga Sakinah, Mawaddah Wa Rahmah Perspektif Pendidikan Agama Islam Ima Damayanti; Sukhoiri
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/redgtt85

Abstract

Abstract: The purpose of this study is to examine in depth the implementation of premarital courses for prospective brides and grooms in achieving a sakinah, mawaddah wa rahmah family from the perspective of Islamic religious education. This research is a qualitative library study that uses books and other literature as the main objects analyzed through a descriptive-analytical approach. The results of the discussion reveal that there are several values of Islamic religious education in the premarital course for prospective brides and grooms, including i’tiqadiyah (faith-based values), ubudiyah (worship-related values), and khuluqiyah (moral values). These three values can be well understood by the prospective couples if supported by factors such as equality, deliberation, and awareness of each partner’s needs.   Keywords: Course. Bride and Groom. Islamic Religious Education.  
Husband-Wife Relations in Polyandry Households: Empirical Study of Polyandry in Plosorejo Village, Kismantoro District Wonogiri Yazid, Afthon; Diana Zuhroh; Na’im Jayus Romadlonna
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/xd1mwe39

Abstract

Abstract: This research discusses the practice of polyandrous marriage. The research location is in Pager Gunung Hamlet, which is part of Plosorejo Village, Kismantoro District, Wonogiri Regency, highlighting the factors behind the occurrence of polyandry and its legal implications.  Polyandry is a marriage system that is not permitted in Islamic law or positive law in Indonesia. This prohibition has been regulated in the Compilation of Islamic Law (KHI) and is contained in Law Number 1 of 1974 concerning Marriage. This research uses empirical methods with a qualitative approach, where data is obtained through interviews with polyandry practitioners, community figures, as well as analysis of related documents. The research results show that the main factors causing polyandry in this region are economic limitations, lack of understanding of religion, and social conditions that are permissive towards this practice. The case studied showed that a woman maintained relationships with two husbands for financial and health reasons, despite warnings from the local community. The legal implications of this practice include the unclear legal status of children born, the invalidity of marriages according to state law, and the negative impact on gender relations in the household. This research confirms that polyandry is contrary to religious and legal norms in Indonesia and has the potential to cause legal and social uncertainty. Therefore, an active role is needed from the village government and religious leaders in providing understanding to the community regarding marriage laws in order to prevent similar practices from occurring in the future. Keywords: Polyandry, marriage law, gender relations, legal implications, economic factors .
Tinjauan Qira'ah Mubadalah Faqihuddin Abdul Kodir Dan Maqashid Syariah Dalam Pemenuhan Hak Anak Pasca Perceraian Dede Al Mustaqim; Nazula Alfirahmah
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/ek0nhr69

Abstract

Abstract:  This study aims to examine the practice of fulfilling children's rights after divorce in Kerandon Village, Talun District, Cirebon Regency, through the perspectives of Qira’ah Mubadalah by Faqihuddin Abdul Kodir and Maqashid Sharia. The research focuses on three main questions: (1) how children's rights are fulfilled at the local level following a divorce, (2) how the values of reciprocity (mubadalah) are applied in post-divorce parental relationships, and (3) how the principles of maqashid sharia are reflected in the fulfillment of children’s rights. This study uses a descriptive qualitative method with a normative-sociological approach. Data were collected through interviews with five divorced families with children, as well as through observation and document study. Data analysis follows the Miles and Huberman model, including data reduction, data display, and conclusion drawing. The findings indicate that the fulfillment of children's rights after divorce is significantly influenced by social, economic, and relational factors between the parents. In some cases, the principles of Qira’ah Mubadalah, such as mutual consultation (musyawarah) and consent (taradhin), are internalized through productive and collaborative communication between parents. However, there are also instances where the failure to fulfill children’s rights stems from broken communication and the negligence of one parent. From the maqashid sharia perspective, some families continue to uphold the principles of protecting religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), lineage (hifz al-nasl), and wealth (hifz al-mal) of the child, albeit under limitations. This study highlights the importance of a reciprocity-based and maqashid-oriented approach in designing post-divorce child protection policies and practices. Keywords: Qira’ah Mubadalah, Maqashid Sharia, Children's Rights, Divorce  
Peranan Pengadilan Agama Dalam Penyelesaian Sengketa Perdata Islam: Analisis Putusan Kontemporer Rihana Hidayanti; Freska Salsabila; Riezka Nurhidayati; Asrizal Saiin; Asrizal
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 2 (2025): Syakhsiyyah Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/f3kh1832

Abstract

Abstract: Religious Courts have a strategic role in resolving Islamic civil disputes in Indonesia, especially in family, inheritance, and sharia economic cases. This article analyzes the role of Religious Courts through contemporary decisions that show adaptation to legal developments and social dynamics. In divorce disputes, the latest decisions consider aspects of gender justice and child protection. In inheritance cases, several decisions provide more flexible interpretations for the sake of social justice. Meanwhile, in sharia economic disputes, Religious Courts increasingly consider the principle of contractual justice. The results of the analysis show that Religious Courts not only play a role as enforcers of Islamic law, but also as institutions that adjust decisions to developments in society. Keywords: Religious Courts, Islamic Civil Disputes, Islamic Family Law.  

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