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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 113 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.  
Dialectics of Islamic Law and Positive Law on the 2020–2025 National Divorce Phenomenon and Its Implications for Family Resilience Ilham Dhiyaul Jabbar; Suryani; Aspandi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/9j6d3k29

Abstract

Divorce rates in Indonesia experienced significant fluctuations during the 2020–2025 period. BPS data recorded 291,677 cases in 2020, surging sharply to 516,344 cases in 2022 due to the COVID-19 pandemic, before gradually declining to 438,168 cases in 2025, where divorce lawsuits (cerai gugat) heavily dominated at 79%. This latter decline was driven by pre-marital guidance programs and preventive initiatives by the Religious Courts and the Office of Religious Affairs (KUA). This study aims to identify the causal factors of this divorce phenomenon, analyze its impact on family resilience, and examine the normative dialectics between Islamic law and positive law in addressing the trend. Employing a qualitative normative-empirical approach, data were gathered from BPS documents, the Supreme Court annual reports, and in-depth interviews in three epicenter provinces. The findings reveal that the primary triggers are dominated by social factors, particularly continuous disputes (62.28%), post-pandemic financial strains, and social media conflicts. This trend severely undermines family resilience, specifically within the socio-psychological and structural dimensions as outlined in the Minister of PPPA Regulation No. 7 of 2022. Legally, a harmonious dialectic occurs where Islamic jurisprudence and positive law share a substantive consensus regarding the emergency state of divorce, yet both legal systems strongly demand the reinforcement of more responsive, preventive mediation institutions
The Rationality of Talāq in Islamic Family Law: Thoughts of Ibn Qayyim al-Jauziyyah Burhanuddin
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/ym6ngz61

Abstract

This article examines the rationale of ta‘lik ṭalāq (conditional divorce) in Islamic family law through the jurisprudential paradigm of Ibn Qayyim al-Jauziyyah. While existing literature primarily focuses on the formal-textual validity of conditional divorce, a gap remains in applying classical teleological jurisprudence to reconcile the friction between static normative doctrines and extrajudicial practices in Indonesia. This qualitative study analyzes Ibn Qayyim’s foundational treatises using a normative-philosophical approach grounded in maqāṣid al-sharī‘ah. Findings reveal that Ibn Qayyim conceptualizes ta‘lik ṭalāq not as a formalistic procedure, but as a teleological mechanism contingent on intentionality, equity, and socio-legal utility (maṣlaḥah). Consequently, this research advances contemporary Islamic family law discourse by deconstructing rigid legalism and recontextualizing ta‘lik ṭalāq from a mere instrument of marital dissolution into a proactive mechanism for social justice. Furthermore, it provides a conceptual framework for state institutions to regulate conditional divorce, thereby protecting marginalized women and dependents in modern Muslim families.  
From Family Authority to Individual Autonomy: The Transformation of the Legal Status of Marriage Guardianship in Moroccan Family Law Sharhan Asad Almawarid; Rodi Wahyudi; Imam Pratama Yendrian
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/ms7mh997

Abstract

This article examines the transformation of marriage guardianship (wali nikah) in Moroccan family law from a family-based authority model toward individual legal autonomy. Focusing on the  transformation of legal authority from classical Mālikī jurisprudence to the 2004 Mudawwanah al-Usrah, the study investigates how the position of the guardian shifted from a mandatory pillar of marriage validity into an optional legal institution within contemporary Moroccan family law. Positioned within the discourse of Islamic legal reform, this research argues that the transformation of guardianship in Morocco reflects not merely a legislative change, but a broader epistemological shift in the structure of legal authority in Islamic family law. Using a qualitative library-based method with historical-normative, normative-analytical, and limited maqāṣid al-sharī‘ah approaches, this study analyzes classical fiqh doctrines, hadith traditions, and statutory provisions related to marriage guardianship. The findings reveal that classical Mālikī law constructed guardianship as a representation of patriarchal family authority and social protection, whereas the Mudawwanah reconstructs legal legitimacy around women’s independent legal capacity. This transformation demonstrates a hybrid model of Islamic legal reform that preserves symbolic continuity with fiqh tradition while simultaneously integrating modern principles of gender equality and individual autonomy
Living Together as a Contemporary Social Phenomenon: A Critical Analysis from the Perspectives of Islamic Law and Indonesian Legal Regulations Muhamad; Taufid Hidayat Nazar
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/y89v0x39

Abstract

Living together, or cohabitation, has become a contemporary social phenomenon that challenges the normative foundations of family, morality, and criminal regulation in Indonesia. This article aims to critically examine living together from the perspective of Islamic law and Indonesian legal regulation, particularly Article 412 of Law Number 1 of 2023 concerning the Criminal Code. This study employs a qualitative library research method with a normative-critical approach. The analysis is constructed through Islamic legal principles, including nahi munkar, ḥifẓ al-nasl, maṣlaḥah-mafsadah, and ta‘zīrī policy, while also examining the legal construction of cohabitation as regulated in the new Criminal Code. The findings show that Islamic law views living together without a valid marriage contract as contrary to the protection of honor, lineage, family responsibility, and the prevention of acts leading to zina. However, Article 412 of the Criminal Code cannot be simply equated with the Islamic punishment for zina, since it is closer to a form of state regulation within the framework of ta‘zīr and public order. The article concludes that the regulation of living together may be justified in Islamic legal reasoning insofar as it is applied proportionally, protects family values, ensures legal certainty, limits excessive state intervention into private life, and prevents greater harm in law enforcement.
Negotiation Between Santri Husband and Wife in Fulfilling Rights and Obligations: A Study at Al-Munawwir Islamic Boarding School, Krapyak, Yogyakarta Muhammad Dzulfikri Yasir; Zakiyuddin Abdul Adhim; Syarif Bahaudin Mudore
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/g8gq2c64

Abstract

Marriage among santri who continue to live within the pesantren environment presents distinctive challenges in fulfilling spousal rights and obligations, particularly when religious commitments such as Qur’anic memorization remain a priority after marriage. This article aims to examine the forms and mechanisms of negotiation employed by santri couples in fulfilling marital rights and obligations, as well as to analyze the role of the pesantren environment in shaping and constructing marital relations among couples who remain santri at Pondok Pesantren Al-Munawwir Krapyak Yogyakarta. This study employs field research with a case study design and a descriptive-analytical approach, using a normative-sociological framework. Data were collected through direct observation and in-depth interviews with two married santri couples residing in the pesantren, supported by secondary data from Islamic legal sources and relevant scholarly literature. Data analysis was conducted qualitatively using an inductive method within the theoretical framework of Pierre Bourdieu’s concepts of habitus, capital, and field. The findings indicate that santri couples develop distinctive negotiation patterns, including agreements to postpone cohabitation as a consequence of their commitment to Qur’anic memorization, which affects the normative fulfillment of spousal rights and obligations. However, these challenges are mitigated through shared commitment, intensive communication, and mutual understanding. The pesantren environment plays a significant role in shaping the couples’ habitus through the internalization of socio-cultural and religious values, such as acceptance and submission to the process (terimo ing pandum), which sustain marital continuity among santri couples.
Islamic Law Review On The Legal Status Of Children Born By A Surrogate Mother Moh Alfin Rosyidi; Mumtaza Nur Annisa
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/cxrags41

Abstract

This article examines the legal status of children born through surrogate motherhood in Islamic law and Indonesian positive law. It asks how Islamic legal reasoning determines nasab and legal parentage when genetic motherhood, gestational motherhood, and intended parenthood are separated by assisted reproductive technology, and how Indonesian law should protect the child without validating a prohibited reproductive arrangement. The article uses doctrinal legal research, comparative fiqh analysis, maqasid-based reasoning, and normative juridical analysis. Primary sources consist of the Qur'an, hadith, classical and contemporary fiqh, fatwas of Islamic legal institutions, Indonesian statutes and regulations, the Compilation of Islamic Law, and Constitutional Court jurisprudence. Secondary sources include recent scholarship on Islamic bioethics, assisted reproduction, child protection, and surrogacy. The article argues that the dominant Sunni and Indonesian Islamic legal approach rejects surrogacy because it disrupts hifz al-nasl, creates uncertainty over nasab, and introduces a third party into reproduction that should remain within a valid marriage. Indonesian health law also restricts assisted reproduction to a lawful husband and wife and to implantation in the wife from whom the ovum originates. The article contributes a prohibition-protection model. Surrogacy as a contract and medical practice should not be legalized, but the child born from it must not be penalized. Courts and public authorities should protect the child's identity, birth registration, maintenance, custody, and civil interests through child-protection mechanisms, adoption or kafalah-like care, and limited bequest where relevant, while keeping nasab, guardianship, and Islamic inheritance consistent with Islamic legal principles

Page 11 of 12 | Total Record : 113

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