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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 54 Documents
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Analisis Hukum Keluarga Terhadap Dampak Judi Online Dalam Keharmonisan Rumah Tangga Di Kota Pontianak toni, toni_
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 6 No. 2 (2024): Al Fuadiy : Jurnal Hukum Keluarga Islam
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v6i2.1300

Abstract

This study aims to analyze the impact of online gambling on household harmony in Pontianak City and review how the family law perspective views the problem. Online gambling, as a form of modern gambling, has caused various social and legal problems, including disruption of economic, psychological, and emotional stability in the household. This study uses a juridical-sociological approach, this study examines primary data in the form of interviews with affected families and law enforcement officers, and secondary data from legal literature and laws and regulations. The results of the study indicate that the involvement of one family member in online gambling activities significantly affects household harmony, such as increased conflict, divorce, and loss of trust between couples. From a family law perspective, this action is a violation of the responsibility and obligation to maintain family welfare as regulated in Law Number 1 of 1974 concerning Marriage. The factors behind gambling are internal and external factors. Internal factors because they come from self-confidence that expects victory from gambling because it is always overshadowed by an increasing curiosity to hope for a victory. External factors of economic problems and several other factors such as environmental factors that make them interested in gambling.
Persepsi Masyarakat terhadap Tradisi Nglangkahi Kakak dalam Perkawinan: Studi Kasus Desa Kayangan Kecamatan Diwek Kabupaten Jombang Nisa, Hilwatun; Afif, Abdullah
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2025): June, Al Fuadiy : Journal of Islamic Family Law
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i01.1556

Abstract

This study examines the public perception of the nglangkahi kakak tradition in marriage in Kayangan Village, Diwek District, Jombang Regency. The study employs a qualitative approach with a focus on sociology. Observation, interviews, and direct field documentation were used as methods to collect data. The research also analyzes literature from legal documents and academic journals. The findings show that there is a diversity of perceptions among the community regarding this tradition. Some community members still strongly adhere to the tradition due to customary, ethical, and familial harmony reasons, while others have started to disregard it based on rational considerations such as age, mental readiness, and economic factors. Thus, the nglangkahi kakak tradition in Kayangan Village is undergoing change in line with social development and the modern values adopted by the local community.
Pola Relasi Suami Istri pada Pernikahan Siri di Kalangan Santri: Perspektif Konstruksi Sosial Studi Kasus di Dusun Blok Pesantren Desa Sumber Kalong Kecamatan Wonosari Kabupaten Bondowoso Ahmad Muktafi
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2025): June, Al Fuadiy : Journal of Islamic Family Law
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i01.1557

Abstract

This study examines the pattern of husband-wife relations in unregistered (siri) marriages among santri in Blok Pesantren Hamlet, Sumber Kalong Village, Bondowoso Regency, using the theory of social construction. The phenomenon is notable due to three unique conditions imposed by religious leaders: a ban on sexual relations, no obligation for financial support, and mandatory family supervision during dates. This field research employed a qualitative approach through in-depth interviews with siri marriage participants, religious figures, and families. Findings reveal that such marital arrangements emerge as a response to economic limitations, concerns about promiscuity, and the strong authority of religious teachers. Through the lens of social construction theory—externalization, objectivation, and internalization—the practice is perceived and legitimized by the participants as religiously valid, despite neglecting certain spousal rights and duties under state law. The study highlights a negotiated reality between religious values, socio-economic conditions, and community norms.                                                     
Perlindungan Hak Anak dalam Perkawinan Siri Perspektif Hukum Keluarga Islam dan Undang-Undang Perlindungan Anak Dody Wahono Suryo Alam
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2025): June, Al Fuadiy : Journal of Islamic Family Law
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i01.1558

Abstract

Unregistered (siri) marriages pose significant legal issues, particularly regarding the protection of children's rights born from such unions. This study aims to analyze the legal protection of children from siri marriages through the lens of Islamic Family Law and the Indonesian Child Protection Act. This qualitative research employs normative and empirical approaches, utilizing literature reviews and field observations at the Civil Registry Office in Jember. The findings reveal that children from siri marriages encounter challenges in obtaining legal identity, financial support, inheritance rights, and legal protection, despite the Constitutional Court Decision No. 46/PUU-VIII/2010 recognizing their civil relationship with their father. However, the implementation of this ruling remains hindered by administrative barriers and social stigma. Therefore, comprehensive efforts are needed, including legal reform, public education, and strengthening child protection institutions, to ensure the equitable fulfillment of children's rights in unregistered marriages.
Analisis Penundaan Kodifikasi terhadap Perkembangan Hukum Keluarga Islam Era Orde Lama Zikri, Muhammad; Ananda, Faisar; Turnip, Ibnu Radwan Siddik
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 7 No. 1 (2025): June, Al Fuadiy : Journal of Islamic Family Law
Publisher : Nurul Qarnain College of Sharia Studies, Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v7i01.1579

Abstract

This research discusses the development and implementation of Islamic family law in Indonesia during the Old Order period (1945-1966), with the aim of analyzing the dynamics of its application in the national legal system and identifying the factors that influenced it. The urgency of this research lies in the importance of understanding the historical foundation of Islamic family law as part of the formation of a pluralistic national legal system. Using a historical and normative qualitative approach, this research utilizes literature study and descriptive analysis of historical documents, legal regulations, and academic literature. The results show that Islamic family law during the Old Order period had not been formally accommodated in national legislation, but continued to live and run through religious courts and community social practices. In conclusion, although not officially codified, Islamic family law still plays an important role in the lives of Muslims and becomes an important basis for legal reform in the next era. The implication of this finding is the importance of strengthening the role of Islamic law in the national legal system through codification that is grounded in the social, cultural and religious values of Indonesian society.
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.

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