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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 Hukum Islam Terhadap Status Nasab Anak Akibat Married By Accident Dalam Film Dua Garis Biru Hayatun Nufus; Musyaffa Amin Ash-Shabah; Suprihatin; Agus Supriyanto; Shabah, Musyaffa
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: 10.32332/1eh57840

Abstract

Abtrack: This study aims to analyze Islamic law's perspective on the phenomenon of marriage by accident, as highlighted in the film "Dua Garis Biru," specifically regarding the child's lineage status and its impact. The method used is library research with a qualitative approach. The results of the study indicate that marriage resulting from an out-of-wedlock pregnancy raises complex issues in determining the child's lineage. In Islamic law, lineage is very important because it is related to children's civil rights such as inheritance, guardianship, and maintenance. The majority of Islamic scholars believe that children born from an out-of-wedlock relationship do not have lineage with the biological father unless the marriage took place before the pregnancy or the child was born at least six months after the marriage contract. In the film "Dua Garis Biru," the couple Dara and Bima married after Dara learned she was pregnant, but the gestational age before the marriage did not meet the minimum requirements for determining paternity. This indicates the unclear status of the child's lineage from an Islamic sharia perspective. This study emphasizes the importance of a deep understanding of Islamic law in dealing with cases of marriage by accident, so that children's rights remain protected even though positive law in Indonesia, through the Compilation of Islamic Law, permits the marriage of pregnant women without waiting for birth.   Keywords:  Lineage, Married By Accident, Islamic Law, Two Blue Lines, Illegitimate Children  
Rekonsepsi Amicable Divorce (Cerai-Damai) Berbasis Paradigma Mubadalah: Upaya Mewujudkan Keadilan Gender dalam Hukum Perceraian Indonesia Maliki, Ibnu Akbar; Aimar, Qeis; Badarudin
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/n3tg7n90

Abstract

Abstract:  This research stems from the concern over the persistent gender bias in the construction of divorce law in Indonesia, as stipulated in Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). The legal norms that position the husband as the primary holder of the right to divorce (talak) and the wife as the passive party reflect relational inequality, which leads to social and legal injustice. Through a normative juridical approach with the mubadalah paradigm which emphasizes the principles of reciprocity and relational justice this study seeks to reconceptualize divorce law toward a gender-just model of amicable divorce. The findings reveal that the mubadalah paradigm can serve as an ethical and theoretical foundation for shifting the orientation of divorce law from a power-based relationship to one of mutuality, where divorce is understood as a joint process aimed at preserving the well-being and dignity of both parties. This study recommends reforming Islamic family law through amendments to the Marriage Law and the KHI, strengthening equality-based mediation institutions, and enhancing institutional capacity and public education from a gender perspective. Thus, amicable divorce based on mubadalah becomes not only a conceptual proposal but also a practical strategy toward a more just, humanistic, and compassionate Islamic family law in line with the spirit of rahmatan lil ‘alamin.   Keywords: Amicable Divorce, Mubadalah, Gender Justice, Islamic Family Law, Divorce Law.  
Perlindungan Hukum Bagi Perempuan dan Anak di Negara-Negara Muslim Modern Perspektif Mubadalah Mu'in, Fathul; Fathul; Gandhi Liyorba Indra; Relit Nur Edi; Rudi Santoso; Diah Mukminatul Hasimi
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: 10.32332/82228w12

Abstract

Abstract:  The issue of legal protection for women and children remains a crucial concern in many Muslim countries, particularly regarding gender inequality, domestic violence, and limited access to justice. Although Islam upholds the principles of justice and respect for human dignity, its implementation is often influenced by patriarchal culture and legal systems that have yet to fully protect vulnerable groups. Based on this background, this study aims to analyze the forms and implementation of legal protection for women and children in Saudi Arabia, Egypt, and Indonesia through the mubadalah (reciprocity) perspective. This research is a qualitative library study using normative and comparative approaches, drawing on Islamic legal sources, national legislation, and relevant academic literature. The results indicate that Saudi Arabia remains oriented toward classical fiqh but is beginning to transform through legal reform; Egypt has progressively codified family law; while Indonesia integrates Islamic justice principles with national law through comprehensive regulations protecting women and children. From the mubadalah perspective, all three countries demonstrate efforts toward more equal and just legal relations, affirming that true legal protection must be grounded in reciprocity, humanity, and gender justice.   Keywords: Protection, Women and Children, Muslim Countries, Mubadalah  
Perlindungan Anak dalam Pernikahan di Bawah Umur: Studi Komparatif Indonesia, Mesir, dan Fikih Kontemporer ramadhania, safrida; safrida; Ahmad Izzudin; Ahmad antoni Hidayat
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/d4d8xe79

Abstract

Abstract:  The phenomenon of child marriage remains a serious issue in both Indonesia and Egypt due to its adverse impacts on children’s health, psychological well-being, and social development. This study aims to analyze child protection in early marriage through a comparative examination of Indonesian positive law, Egyptian family law, and contemporary fiqh perspectives. Using a normative-comparative method, the research examines legal and fiqh literature to identify common ground in child protection frameworks. The findings indicate that Indonesia has set a minimum marriage age of 19 through the revision of Marriage Law No. 16 of 2019, while Egypt establishes a minimum age of 18 under Law No. 126 of 2008. However, both countries face similar challenges: the effectiveness of regulations is weakened by the high number of marriage dispensation applications in Indonesia and by unregistered marriages (‘urfi) and strong cultural factors in Egypt. From a fiqh perspective, there is a shift from classical views emphasizing biological maturity (bulūgh) toward contemporary approaches that stress intellectual and psychological maturity (rushd) and the principles of maqāṣid al-sharī‘ah to prevent harm. This study concludes that effective child protection requires harmonization between stricter legal dispensation mechanisms and progressive contemporary fiqh values. Effective protection depends not only on formal regulation but also on strengthening public awareness to reject child marriage for the sake of broader social welfare. Keywords: child protection, child marriage, Indonesian law, Egyptian law, contemporary fiqh.  

Page 11 of 11 | Total Record : 104

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