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Al Fuadiy: Jurnal Hukum Keluarga Islam
Published by Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember
ISSN : 29646480     EISSN : 29617308     DOI : 10.55606
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Materi yang disajikan meliputi studi tekstual dan studi lapangan dengan multi perspektif tentang Hukum Keluarga Islam, wacana Islam, gender, (legal drafting) Hukum Perdata Islam, Hukum waris Islam, hukum pidana Islam dan wakaf.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)" : 9 Documents clear
Relasi Suami Istri pada Pasangan Nikah Usia Dini di Wilayah Bukit Batu Bengkalis: Perspektif Hukum Keluarga Islam Mahyarahila; Kasmidin; Arisman
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1591

Abstract

The phenomenon of early-age marriage remains prevalent, particularly in the Bukit Batu area of Bengkalis. Marriage is often considered problematic because the individuals involved typically adolescents are not yet mentally or emotionally mature and remain economically and psychologically dependent on their parents. Adolescence should ideally be a golden period for acquiring knowledge and shaping one's identity through both formal and non-formal education. A lack of preparedness for married life affects the relationship between husband and wife, leading to issues such as poor communication, emotional instability, limited knowledge of reproductive health, and unpreparedness to handle household responsibilities all of which increase the risk of domestic violence. This study aims to examine the husband-wife relationship among early-married couples in the area, identify indicators of their relationship quality, and analyze it from the perspective of Islamic Family Law. The research method used is field research with a qualitative descriptive approach. The findings indicate that early-married couples face various challenges—emotional, social, and economic. Indicators of a healthy relationship include open and honest communication, emotional maturity, independence, responsibility, emotional support, and healthy conflict resolution. From the perspective of Islamic Family Law, the husband-wife relationship should be built on the principles of equality, cooperation, and a balance between rights and obligations. Therefore, a tailored educational and mentoring approach is necessary for early-married couples to help them live a harmonious and responsible married life.
Mekanisme Forgiveness Therapy Islami pada Penyelesaian Konflik Setelah Bercerai Moh. Jeweherul Kalamiah; Abdul Mujib; Ubaidillah, Ubaidillah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1598

Abstract

Divorce in Indonesia continues to show an increasing trend each year, leaving unresolved psychological, social, and spiritual impacts even after legal proceedings are finalized. Post-divorce conflicts, such as child custody disputes, property division, and fractured extended family relations, often persist and escalate. This study aims to formulate an Islamic Forgiveness Therapy mechanism as an alternative approach for addressing post-divorce conflicts holistically. This research employs a qualitative approach using a library research method, critically analyzing Western psychological theories, Islamic teachings on forgiveness, and empirical divorce data in Indonesia. The findings indicate that Islamic Forgiveness Therapy can be practically applied through three key components: personal forgiveness, which fosters individual spiritual connection with God; social forgiveness, which restores harmony among extended families; and spiritual reframing, which encourages individuals to perceive conflict as a life test that brings wisdom and spiritual growth. This study confirms that integrating Islamic forgiveness values with modern psychotherapy principles offers a more comprehensive and contextual conflict resolution model. The results imply significant potential for application in educational counseling programs, family court mediation services, and the development of online counseling platforms for Muslim families. Thus, Islamic Forgiveness Therapy is expected to shift the paradigm of post-divorce conflict resolution from mere legal settlement to a sustainable healing process for the heart and soul.
Peran Pondok Pesantren Miftahul Ulum dalam Perlindungan Anak Persepektif Fiqih Hadanah Madzhab Syafi’iyah Subhan; Mufti Kamal
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1627

Abstract

This study examines how Pondok Pesantren Miftahul Ulum contributes to protecting children by applying principles from hadanah fiqh in the Shāfiʿī tradition. This pesantren not only functions as an Islamic educational center, but also acts as an alternative caregiving environment for minors separated from parental supervision. Using a qualitative case study methodology, the findings indicate that the implemented caregiving framework upholds central hadanah principles such as ethical role modeling, emotional support, and structured hierarchical supervision. Nonetheless, the institution continues to face specific obstacles: insufficient physical infrastructure, the absence of formal child protection protocols, and constrained access to specialized training for caregivers. To overcome these challenges, it is imperative to develop institutional capacity and codify caregiving systems in line with Islamic legal norms. This study contributes both conceptual and practical guidance for enhancing child-rearing approaches in salafiyah pesantren contexts. Additionally, the research underscores the necessity of ongoing evaluation, enhanced collaboration with families and community stakeholders, and strengthened governance mechanisms to ensure a coherent, sustainable, and effective child protection strategy in religious educational settings.
Kedudukan dan Besaran Mahar dalam Pernikahan Menurut Pendapat Para Ulama’ M Burhanudin
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1641

Abstract

In the Fiqh of Marriage, Mahar/shodaq is a gift from the prospective husband to his prospective wife as an expression of love, not as wages or compensation for the woman, the amount of dowry which can vary from one person to another. Then, in relation to the marriage the Kabul consent, So the question arises what is the urgency of the dowry (shodaq) and its position in marriage? Is the mention of the dowry required in the Kabul consent? What is the actual dowry? To answer the problems above, this article was written,, aims to examine and analyze the views of dowry, both from a legal perspective its position and amount in marriage and what are the consequences of a marriage that does not mention a dowry, also includes arguments and as well as discuss them using descriptive methods of analysis.The results of this analysis show that the law of dowry in marriage is obligatory but is not included in the pillars and conditions of marriage. There is no specific maximum limit according to the majority of scholars madzhab, As for the minimum nominal, there are 2 opinions, the first is the Shafi'iyah madzhab: there is no minimum limit, and the Malikiyah and Hanafiyah madzhab require a minimum dowry of 10 Dirhams, This is the amount of the nishab for cutting off a hand in the event of theft. And the dowry is recommended to be mentioned in the Kabul consent Iqtida'an with the Prophet Muhammad SAW.
Analisis Penyelesaian Sengketa Harta Bersama dalam Perkawinan: Perspektif Hukum Keluarga Islam Dyah Ayu Vijaya Laksmi; Syukron Nur Aziz; Kodrattullah Sidiq
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1646

Abstract

The resolution of joint property disputes remains a critical challenge within Indonesia’s religious court system, particularly in divorce cases. This research explores the application of justice and legal certainty principles in the division of joint marital assets at the Metro Religious Court. Employing a descriptive qualitative approach, data were collected through in-depth interviews, courtroom observations, and the analysis of court rulings on 20 selected cases. Findings reveal that 60% of disputes were successfully resolved through mutual agreements facilitated by judges acting as mediators, while the remaining 40% required judicial rulings due to unsuccessful mediation. The effectiveness of consensus-based settlements is closely linked to mediation skills, the willingness of parties to compromise, and their understanding of rights and obligations. These results highlight the relevance of syura and tahkim principles in Islamic family law as effective foundations for achieving fairness and mutual benefit. The study recommends strengthening judges’ mediation capacities, developing technical guidelines for resolving joint property disputes, and promoting broader public awareness of deliberation-based mechanisms to ensure more efficient, just, and maslahat-oriented resolutions.
Pelimpahan Hutang terhadap Ahli Waris: Perspektif Hukum Positif dan Hukum Islam Abd. Holik
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1653

Abstract

This study analyzes the transfer of a deceased person's debt to heirs from the perspectives of positive law (Indonesian Civil Code) and Islamic law. Under the Indonesian Civil Code, heirs automatically receive the rights and obligations of the deceased, including debts, but have the option to renounce the inheritance, thereby freeing themselves from debt liability. In contrast, under Islamic law, the transfer of debt (hiwalah) is obligatory for those capable of assuming it, and delaying payment by a financially capable individual is considered an act of injustice (zalim). This study aims to compare these two legal perspectives on the responsibility of heirs for the deceased's debts and their implications. Employing a qualitative normative legal research method with a literature review approach, secondary data from the Al-Qur'an, Hadith, Indonesian Civil Code, and relevant legal literature are analyzed. The findings reveal significant differences in approaches between positive law and Islamic law regarding the option of inheritance renunciation and the implications of debt. Islamic law places a stronger emphasis on the absolute obligation to settle debts for the welfare of the deceased, heirs, and creditors, while positive law offers more flexibility to heirs.
Relevansi Konsep Nafkah dalam Hukum Keluarga Islam terhadap Dinamika Kehidupan Modern Toha Ma'arif
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1669

Abstract

The rapid development of modern life has brought significant changes to family structures, economic patterns, and gender roles. These transformations have created new challenges in the implementation of the concept of nafkah (financial support) in Islamic family law, particularly in balancing traditional obligations with contemporary realities. This study is motivated by the growing number of divorce cases in Islamic courts that are often linked to the husband’s negligence in fulfilling nafkah, as well as the shifting of economic responsibilities within households where wives increasingly contribute to family income. The primary aim of this research is to analyze the relevance of the nafkah obligation in Islamic family law to the dynamics of modern life, while also exploring the possibility of reinterpretation to ensure its alignment with the enduring principles of sharia. The study employs a library research method, drawing on primary sources such as the Qur’an, Hadith, classical fiqh literature, and the Compilation of Islamic Law, complemented by secondary sources including books, scholarly articles, and contemporary research findings. The results reveal that the concept of nafkah demonstrates flexibility and adaptability when viewed through the frameworks of maqāṣid al-sharī‘ah, responsive law theory, and gender justice. Thus, nafkah remains relevant in addressing modern needs like education, healthcare, and technology, while promoting cooperative roles between spouses. Keywords: Islamic family law, nafkah, maqāṣid al-sharī‘ah, gender justice, responsive law 
Pertimbangan Hakim dalam Penyelesaian Perceraian akibat Perselisihan dalam Keluarga di Mahkamah Syar’iyyah Kota Banda Aceh Tahun 2022-2024 khairuzzazi; Alimuddin; Shabarullah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1672

Abstract

Divorce is considered the last resort when marriage can no longer achieve its purpose of establishing sakinah, mawaddah, and rahmah due to prolonged disputes. This study aims to examine and analyze the judicial considerations of the judges at Mahkamah Syar’iyah Banda Aceh in deciding divorce cases caused by family conflicts, as well as to identify the legal foundations underlying these rulings. This research employs a qualitative method with a juridical-normative approach, using three divorce rulings as samples, namely Decision Number 1/Pdt.G/2022/MS.Bna, Decision Number 71/Pdt.G/2023/MS.Bna, and Decision Number 345/Pdt.G/2024/MS.Bna. Primary data were obtained from official court rulings, while secondary data were derived from legal literature and statutory regulations. The findings reveal that the judges’ considerations are based on two main points: the breakdown of the household due to continuous disputes and failed reconciliation efforts, and the inability of spouses to fulfill their marital rights and obligations. Divorce is deemed valid when maintaining the marriage would result in greater harm. The legal basis applied includes Law No. 1 of 1974, Government Regulation No. 9 of 1975, the Compilation of Islamic Law, jurisprudence, and Islamic legal principles. Thus, divorce is viewed as a legal measure to prevent greater harm to the parties involved.
Tinjauan Maqasid Syariah terhadap Penolakan Hakim dalam Gugatan Hak Asuh Anak bagi Ayah ataupun Ibu Ramadan, Putra; Badrul Munir; Aulil Amri
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2025): July-December, Al Fuadiy : Journal of Islamic Family Law (In Press)
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i2.1674

Abstract

The implementation of maqasid al-shariah in child custody cases at the Banda Aceh Sharia Court reflects a paradigm shift from a textual application of Islamic law toward a contextual approach that prioritizes the welfare of the child. The analysis of three judicial decisions reveals that judges integrate the principles of protecting life (hifz al-nafs), lineage (hifz al-nasl), and intellect (hifz al-‘aql) into their legal reasoning. This interpretive approach produces a balance between normative and substantive justice, portraying Islamic law as a humane and context-sensitive system within the dynamics of modern family life. The application of maqasid al-shariah in Aceh’s family courts demonstrates that Islamic law possesses the flexibility to address contemporary human concerns while preserving its theological integrity. Consequently, the maqasid-based adjudication paradigm offers an alternative model for Indonesia’s Islamic legal system—one that harmonizes scriptural principles with social realities and ethical objectives.

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