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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 96 Documents
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Kemaslahatan dalam Mahar Berupa Pengajaran Ilmu Duniawi: Kajian Maslahah Mursalah Yusrizal, Navis
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/tetd7374

Abstract

Article 31 of the Compilation of Islamic Law clearly regulates that the woman may lighten the mahr burden for the man in accordance with Islamic teachings. However, the reality in some ethnic groups in Indonesia, such as the Bugis, sets high mahr requirements that do not take into account the financial ability of the prospective husbands. In the Bugis culture, the mahr is adjusted based on the level of education of the prospective wife, with higher educational levels resulting in a higher mahr. As a result, the concept of mahr in the form of teaching worldly knowledge has become an alternative for marriage mahr. The purpose of this study is to understand the legal perspective on mahr in the form of teaching worldly knowledge and how maslahah mursalah views this type of mahr. This research uses a descriptive qualitative method with library research techniques, where the author gathers information from classical fiqh books, theses, and websites. After systematically analyzing the data, the author draws conclusions. The conclusion is that Imam Shafi'i and Imam Hanbali permit mahr in the form of a beneficial task whose benefits are clear, such as teaching the Qur'an, permissible poetry, literature, writing, handicrafts, and other beneficial and permissible activities. From the perspective of maslahah mursalah, mahr in the form of teaching worldly knowledge brings maslahah for the wife in her life. Moreover, if the knowledge taught involves skills needed in the present day, such as programming, editing, filming, and so on, it will result in financial income that can support the wife’s financial needs in her daily life.
Tinjauan Hukum Implementasi Mahar dalam Pernikahan Fathoni, Muhammad Nur; Siti Wahyuni
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/npnntt30

Abstract

This study aims to investigate investment dowries in marriage by focusing on their definition, legal aspects, and practical implementation, particularly in the context of Article 31 of the Compilation of Islamic Law (KHI). Utilizing methods of legal document analysis and literature review, the study examines the legal norms governing marriage and investment dowries as outlined in Article 31 of the KHI. The results of this study are expected to provide an in-depth understanding of the concept and legal provisions related to investment dowries in marriage, with a focus on the perspective of Article 31 of the KHI. By involving surveys of participants with experience or knowledge of investment dowry practices, the research also explores the practical implementation of such practices in society. This study contributes both conceptually and practically by detailing the legal perspectives contained in Article 31 of the KHI and providing insights into how the implementation of investment dowries can influence marital dynamics and family finances. Thus, this research not only delves into the legal aspects but also offers a practical understanding of how investment dowries are interpreted and implemented in societal life, particularly concerning the regulations within Article 31 of the KHI.
Telaah terhadap Status dan Kedudukan Perempuan dalam Islam Perspektif Mubadalah Na'im, Arroyan; Bagus Kusumo Hadi; Hairil Adi Saputra; Sri Jati Ratna Sari; Dino Gautman Raharjo
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/6vyp7a09

Abstract

The testimony of women is the focus, with scholars holding diverse views regarding the eligibility of women as witnesses. In some contexts, such as muamalah, women are allowed to testify, while in fiqh jinayah, their testimony is strictly prohibited. It is essential to interpret Quranic verses using a broader and more comprehensive approach, connecting them to the conditions of women during the time of the Quran’s revelation. QS Al-Baqarah (2): 282 should be seen as progress, as it acknowledges the role of women as witnesses, a recognition that was previously absent during the Jahiliyyah period. This verse affirms the status of women as autonomous legal subjects, reflecting humanitarian values. The interpretation of this verse should be contextual, not merely literal, and adapted to the changing times based on the mubadalah perspective. This study employs a qualitative descriptive method and literature review techniques to collect primary and secondary data. The aim is to answer the posed questions and explain the status of women from a mubadalah perspective. QS Al-Baqarah (2): 282 is viewed as progress because it acknowledges women as witnesses, even though at that time, they were largely confined to the domestic sphere. The interpretation of this verse must be analyzed historically and contextually, considering social changes that have opened access for women to various public domains. Individual competence and understanding, rather than gender, should be the basis for evaluating testimony, as recognized by classical and contemporary scholars. Thus, the equal value of women's testimony with that of men aligns with the principles of justice and humanity in Islam
Analisis Putusan Sela Perkara Mediasi Berhasil Harta Bersama (Studi Kasus Perkara No. 1471/Pdt.G/2019/PA.Sdn) Ardliansyah, Moelki Fahmi; Istinganatul Khumaida; M. Arif Rahman Hakim; Fadhilah Nasrudin; Intan
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/qe6se346

Abstract

Interlocutory decisions are sacred in cases. Interlocutory decisions have various characteristics if they are to be issued, and the judge in resolving the case depends on the type and need for the case to use an interim decision or not. In joint property cases, of course, it is mandatory to carry out a local inspection and before carrying out a local inspection, the judge is obliged to issue an interim decision to carry out the local inspection. However, in the case of the Sukadana Religious Court which registered a unique case number, why is it unique because before the interim decision was issued there had been peaceful and successful efforts. And it is interesting to examine why when mediation is successful the case is continued and an interim decision is issued and the local examination continues. The research method uses normative juridical methods with a qualitative approach. The results of the deliberative research carried out, even if the mediation is successful to confirm whether joint assets exist or not, must still carry out a local inspection and the decision between the local inspections will still be read out.
Dampak Poligami Terhadap Pemenuhan Hak Istri Perspektif Keadilan Hakiki Sinta Nopriana; Nyimas Lidya Putri Pertiwi; Firmansyah
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/qr4vh125

Abstract

The practice of polygamy has become a topic of interest in social, cultural and religious discussions in various parts of the world. In this context, the role of wives' rights and ultimate justice is an important focus. This aims to explore a deeper understanding of how polygamy affects wives' rights and how true justice can be realized in this context. Through a qualitative approach involving in-depth interviews with women and polygamists living in polygamous households and analysis of relevant legal texts, this research reveals a variety of experiences and perspectives related to polygamy. The research results show that the reality of polygamy can vary greatly, depending on factors such as cultural context, religion, and interpersonal dynamics within the family. Factors such as legal policies, social support, and religious understanding play a key role in determining the level of intrinsic justice felt by wives in polygamy.Regarding polygamy, wife's rights, and ultimate justice in this thesis not only provides deeper insight into the complex reality of this practice, but also raises important questions about how society and legal institutions can fight for the rights of women involved in polygamy. The practical implications of this research include the need for a more holistic and culturally sensitive approach in formulating policies and social interventions to support the welfare of wives in the context of polygamy in order to create the fairest possible justice for polygamous wives.  
Workaholism as a Trigger for Marital Conflict: Psychological and Legal Perspectives Nurul Firdaus; Bustanul Arifien Rusydi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/8jjr1593

Abstract

Workaholism is a phenomenon that is increasingly prevalent in modern society. While working is a positive activity, excessive focus on work can trigger an imbalance between professional and personal life. In the context of marriage, this imbalance can lead to conflicts, relationship breakdowns, and even divorce. A concrete example of the impact of workaholism on family life can be found in the Bantul Religious Court Decision No. 840/Pdt.G/2022/PA.Btl. In this case, workaholism was cited by the plaintiff as the reason for filing for divorce in court. This study employs a library research method with descriptive-analytical analysis of the court ruling as the object of research. The purpose is to explore the psychological and legal impacts of workaholism from a psychological perspective using the work-family conflict theory and the theory of spouses of workaholics. Additionally, the maslahah mursalah approach is used to assess whether workaholism as a social phenomenon brings benefits or harms. The findings of this study reveal that workaholism can trigger disputes between married couples, leading to divorce. From the perspective of maslahah mursalah, workaholism provides benefits, such as fulfilling the family’s economic needs and achieving career goals.  Moreover, there is also harm, such as being a trigger for conflicts within the household.
Paradigma Mubadalah sebagai Solusi Relasi Keluarga dalam Menghadapi Tantangan Pemilihan Umum Tahun 2024 Sri Furyani; Arif Suhaimi; M Munif Jazuli
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/w4qcp096

Abstract

The Mubadalah paradigm emphasizes equality, justice, reciprocity, and cooperation between husband and wife in family relationships. It holds significant potential to address various social-political issues, including the challenges faced in the 2024 elections. This study aims to explore how the application of the Mubadalah paradigm in family life can contribute positively in facing the dynamics and complexities that emerge during the election process. This research uses a library research method, which involves activities related to data collection from library materials, reading, noting, and processing relevant books, research, and journals without requiring field research. Data collection was carried out through documentation, and for data analysis, content analysis was used. The results of the study show that Mubadalah, which prioritizes equality and mutual respect, can help create constructive dialogue between family members with differing political views. By applying the principles of Mubadalah, families can maintain harmony, overcome differences, and build resilience in facing political challenges without sacrificing family integrity.
Examining the Impact of Sharia Law on Apprenticeship Schemes and Child Rights in Northern Nigeria Daniel Nte, Ngboawaji; Arifin Ridwan; Joda Adekunbi Omolara
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/1de6c733

Abstract

This study examines the intersection of Sharia law, apprenticeship schemes, and child rights in Northern Nigeria, a region predominantly Muslim. Apprenticeship schemes are a vital means of economic empowerment and skill acquisition in areas marked by poverty. However, while these programs foster wealth creation, they also raise significant legal concerns regarding child labor, exploitation, and neglect. This research explores how Islamic education supports apprenticeship systems, while also addressing the legal and socio-cultural challenges related to child protection. Given the widespread reliance on apprenticeships in the region, the study is urgently needed to identify how current practices may undermine children's rights and to propose reforms. Drawing on existing literature and fieldwork, the study analyzes the tension between traditional practices and the growing demand for stronger protections for vulnerable children in Northern Nigeria. The paper contributes to the ongoing discourse by offering specific policy recommendations and strategies for community engagement, aimed at creating more sustainable and child-friendly apprenticeship systems.
Dinamika Peran Ganda Ibu Single Parent di Era Modern dalam Perspektif William J. Goode Arif Sugitanata; Siti Aminah
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/mchymh06

Abstract

This study explores the dynamics of the dual roles of single mothers in the modern era, encompassing both income-earning responsibilities and independent child-rearing. Grounded in William J. Goode’s dual role theory, this research analyzes how single mothers navigate psychological pressures and complex role conflicts arising from limited resources and time constraints. Using a qualitative-descriptive-analytical research design with a literature review method, this study finds that single mothers often experience “role overload” and “role conflict,” which negatively impact their emotional well-being as well as the social and emotional development of their children. These conditions are further exacerbated by social stigma and the lack of institutional support, which hinder their access to better economic and social opportunities. The implications of these findings highlight the urgency of more inclusive social interventions and public policies, such as childcare subsidies, skills training, and access to mental health services, to support single mothers in effectively fulfilling their roles. Additionally, campaigns to reduce social stigma against single mothers are essential in fostering a more supportive environment for their families. This study contributes to a deeper understanding of the challenges faced by single mothers and offers practical recommendations for policymakers to enhance family well-being in modern society.
Tinjauan Yuridis Kafaah dalam Perkawinan Antar Negara: Internalisasi dalam Ius Constituendum Rayhan Gunawan Sejahtera; 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/bwv6m166

Abstract

This study aims to analyze the concept of kafaah in Islamic law and its relevance to the fundamental values of the Indonesian state within the context of positive law. The research highlights the challenges in implementing the principle of kafaah in transnational marriages, with comparative insights from several Islamic countries. A qualitative approach based on juridical-normative methods was employed to explore how kafaah can be internalized within the national legal system without disregarding the diversity of customs and cultural traditions in Indonesian society. The findings indicate that although kafaah is not explicitly regulated in Law No. 1 of 1974 on Marriage, the principle remains relevant as a guideline for fostering harmony within the family. In Indonesia, the application of kafaah can be aligned with the values of Pancasila, which uphold justice, equality, and tolerance. The study concludes that the internalization of kafaah into Indonesia's positive law requires a comprehensive approach encompassing philosophical, sociological, and juridical dimensions. This approach is expected to address contemporary needs and establish a legal system that supports family harmony in accordance with Islamic and Indonesian values.

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