cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muhammad Husni Abdulah Pakarti
Contact Email
husnipakarti@umbandung.ac.id
Phone
+6281324943904
Journal Mail Official
mawaddah@umbandung.ac.id
Editorial Address
Jl. Soekarno Hatta No.752, Cipadung Kidul, Kec. Panyileukan, Kota Bandung, Jawa Barat 40614
Location
Kota bandung,
Jawa barat
INDONESIA
Mawaddah: Jurnal Hukum Keluarga Islam
Published by Universitas Muhammadiyah Bandung
ISSN : -     EISSN : 30266076     DOI : https://doi.org/10.52496/mjhki.v1i1.7
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mawaddah: Journal of Islamic Family Law, an electronic journal that provides a forum for publishing research articles, literature reviews, field research and or book reviews on Islamic family law. The scope is as follows: 1. Marriage 2. Divorce 3. Joint Property 4. Child Custody 5. Inheritance 6. Waqf 7. Grant 8. Falak Science 9. Islam and Gender 10. Current Issues in Family Law 11. Islamic Law 12. Civil Law 13. Criminal Law 14. Customary Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 14 Documents
 1   2 
Search results for , issue "Vol 3 No 2 (2025): November" : 14 Documents clear
Hybrid Sharia Contracts in Islamic Banking: Legal Validity and Sharia Compliance in Indonesian Religious Court Judgments Zultaqawa, Zeis; Harianto, Joni; Ginanjar, Yaumi Sidik; Aulia, Mohamad Donie; Wahyudi, Wahyudi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.33

Abstract

The rapid growth of Islamic banking in Indonesia has encouraged financial product innovation, particularly through the application of hybrid sharia contracts that combine two or more contracts within a single transaction structure. Although such contracts are normatively recognized in fiqh muamalah and explicitly permitted under fatwas issued by the National Sharia Council of the Indonesian Ulama Council (DSN-MUI), judicial practice reveals inconsistent assessments regarding their legal validity. This study aims to examine the legal validity of hybrid sharia contracts from the perspective of Religious Court decisions and to analyze the juridical implications of sharia non-compliance in hybrid contractual arrangements. Employing a normative juridical method with a descriptive-analytical approach, this research analyzes primary legal materials in the form of Religious Court judgments, alongside secondary legal sources including legislation, scholarly works, and DSN-MUI fatwas, using qualitative legal analysis. The findings indicate that hybrid sharia contracts are legally valid in principle, provided that they fulfill the essential elements and conditions of contracts, avoid prohibited elements such as riba, gharar, and maisir, and are implemented in strict accordance with DSN-MUI fatwas. However, Religious Court decisions demonstrate that ambiguity in the classification and sequencing of contracts, imbalanced risk allocation that departs from profit-and-loss sharing principles, and deviations from DSN-MUI fatwas result in hybrid contracts being deemed defective or invalid both sharia-wise and legally binding. These deficiencies not only undermine the juridical validity of contracts but also pose risks to public trust and confidence in Islamic banking institutions. Accordingly, DSN-MUI fatwas function as a crucial source of substantive law and serve as the primary benchmark for Religious Court judges in assessing the legality and sharia compliance of hybrid sharia contracts.
Legal Implications of Children Resulting from Free Sex "One Night Stand" in Indonesian Legal System Nazmi, Nahdia; Mubarak, Ahmad; Amalia, Laila; Amali, Najla; Maulidhiya, Nazwatika
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.28

Abstract

The phenomenon of sexual relations without a marriage bond (one night stand) is increasing in urban communities, especially among teenagers and young adults, and has the potential to give birth to children out of wedlock who face legal problems related to the recognition of nasab, civil rights, and administrative status. This study aims to analyze the construction of legal protection for children born from these relationships in the Indonesian legal system. The method used is normative juridical research with a legislative and conceptual approach through literature studies. Legal sources analyzed include provisions in the Marriage Law, population administration law, criminal law, and important jurisprudence such as the Constitutional Court Decision No. 46/PUU-VIII/2010 which expands the civil relationship of children out of wedlock with their biological father based on scientific evidence and other valid evidence. The results of the study show that normatively the state has provided legal protection instruments for children out of wedlock, both through the recognition of civil relations and the guarantee of population administration rights. However, implementation in the field still faces obstacles in the form of social stigma, regulatory disharmony, as well as obstacles to proof and administrative procedures that are not fully child-friendly. It is concluded that legal protection of children born from non-marital relationships has undergone progressive development, but has not been optimal in practice. Therefore, this study recommends harmonizing regulations across sectors, simplifying administrative procedures for child recognition, and strengthening a non-discriminatory approach based on children's rights in law enforcement policies and practices.
The “Cek Khodam” Phenomenon on Tiktok In Online Media Discourse: An Islamic Legal Perspective Qudratullah, Qudratullah; Fitriani, Putri Diesy; Prasiefa, Mizanurafi’ Ghifarhadi; Syamsinar, Syamsinar; Amlus, Mohammad Harith
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.66

Abstract

This study examines the “Cek Khodam” phenomenon on TikTok by analyzing its construction in online media discourse and its implications from an Islamic legal perspective. Existing studies on digital culture tend to emphasize virality and user engagement, while limited attention has been given to how mystical digital content is framed in the media and evaluated through Islamic jurisprudence, indicating a significant research gap. This research employs a qualitative approach using library research, with data drawn from online news articles published in Indonesian media during June–July 2024. The study applies Robert N. Entman’s framing model to explore how the phenomenon is defined, interpreted, and morally evaluated in digital narratives. The findings reveal that “Cek Khodam” is framed as both entertainment and controversy, reflecting the commodification of spiritual beliefs in digital culture. From an Islamic legal perspective, the phenomenon raises concerns related to gharar, deception, and unverifiable spiritual claims. These practices can be critically examined through sadd al-dharī‘ah and contradict the objectives of maqāṣid al-sharī‘ah, particularly in preserving intellect and faith. This study contributes by integrating media framing analysis with ushul fiqh, offering a novel framework for regulating digital religious content.
The Problem of Marriage Dispensation Between Theory and Practice Palasenda, Nabil Fikri
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.14

Abstract

The dynamics of marriage law in Indonesia show the great influence of political power, which is shaped by religious interpretations that allow child marriage. This religious view is often the basis for legal decision-making, which legitimizes child marriage in the eyes of society. Although the Marriage Law has been revised, the existence of the marriage dispensation article creates a loophole that allows child marriage to continue to occur, with many judges approving dispensation applications due to the influence of legal norms and religious beliefs. This study uses a type of qualitative research with literature analysis and literature study methods. The type of data in this research will be collected from a variety of sources, including books, scientific journals, and other related documents. Through a comprehensive literature review and analysis of various journal articles, books, and other relevant sources, the purpose of this study is to examine the meaning of what a marriage dispensation is and how the application process is, why theories and practices regarding its regulations still have problems in its implementation and how solutions can be offered from it. The results of the study show that the Revision of the Marriage Law in Indonesia is not enough to overcome child marriage, because there is a gap in the dispensation article that still allows child marriage to occur and does not even clearly regulate the practice.
Istihsān and The Dynamics of Islamic Economic Law: A Uṣūl Al-Fiqh Analysis of DSN MUI Fatwas Saputra, Edy; Ridwan, Mohammad; Hamdanil, Hamdanil; Rivai, Andri Rivai; Fauza, Muflihatul
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.19

Abstract

The growing complexity of contemporary Islamic economic practices has revealed the limitations of formal qiyās as the dominant mode of legal reasoning in Islamic economic fatwas. While existing studies have discussed istihsān primarily as a pragmatic or auxiliary tool in specific financial products, its methodological role within uṣūl al-fiqh remains insufficiently theorized. This article aims to examine istihsān as a structured methodological response to the limitations of formal qiyās in contemporary Islamic economic regulation, using selected fatwas issued by the Dewan Syariah Nasional–Majelis Ulama Indonesia (DSN–MUI) as a focused case study. Employing a qualitative normative legal research design grounded in uṣūl al-fiqh, this study analyzes DSN–MUI fatwas through systematic document analysis to identify patterns of legal reasoning and the interaction between qiyās and istihsān. The findings demonstrate that istihsān is employed both explicitly and implicitly as an internal corrective mechanism to mitigate legal rigidity, ensure socio-economic functionality, and preserve Sharia objectives. Moreover, the study shows that institutional fatwas function as instruments of legal dynamism by integrating classical jurisprudence with contemporary economic governance. This article contributes to Islamic economic law scholarship by repositioning istihsān as a central methodological framework that reshapes the epistemological orientation of uṣūl al-fiqh toward adaptive yet normatively grounded legal reasoning.
Legal Protection of Workers in Indonesia's Gig Economy for Digital Ecosystems: Challenges and Solutions in the Digital Labor Law Framework Badru Jaman, Ujang; Pertiwi, Endah; Zibele Nodangala, Norless; Manga Mokofe, William; Abdul Malik, Muhamad Rizki
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.22

Abstract

Fast and immense growth of Indonesia's gig economy using digital platforms raises many questions regarding challenges to Indonesia's prevailing legal frameworks about labor law. Gig workers are easily vulnerable on account of their unclear employment status, social security, gaps in the regulations of digital ecology, and access to dispute resolution mechanisms. The current study will explore the legal protection for gig workers in Indonesia from a juridical point of view, pinpoint lacking policies and their socio-economic impacts, and advance practicable solutions: the reclassification of employment, obligatory contributions to social security by platforms, heightened regulatory oversight, and bespoke dispute resolution systems, drawing from a review of global best practices and theoretical frameworks. The findings highlight through legislation how urgent these much-needed reforms are in treating gig workers equitably and furthering sustainable growth in Indonesia's digital economy, given that gig work is constantly changing.
Maqāṣid al-Sharīʿah as a Governance Framework: Institutionalizing Child Protection in Pontianak Marluwi, Marluwi; Baihaqi, Baihaqi; Musadad, Ahmad; Zahro, Umi Indasyah; Pujiati, Tri
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.34

Abstract

The high rate of violence against children in Pontianak City shows that the issue of child protection is not only normative in regulations, but has become a complex social problem. This study aims to analyze the dynamics of children's involvement as victims of crime in Pontianak City and examine the governance of child protection through the perspective of maqāṣid al-syarī'ah. The research method used is qualitative with a socio-legal approach to examine the relationship between positive legal norms and the implementation of child protection at the regional level. The results of the study show that family vulnerability, weak parental supervision, unconducive social environment, and low digital literacy are the main causes of the increased risk of children becoming victims of crime. Field findings also show that the Pontianak City Regional Child Protection Commission has implemented protection governance through integrated assessment SOPs, legal and health assistance, education sustainability supervision, direct and digital complaint services, and preventive programs based on community participation. The analysis based on maqāṣid al-syarī'ah emphasizes the need to reconstruct the fiqh of child protection based on the principles of ḥifẓ al-nafs, ḥifẓ al-'aql, and ḥifẓ al-nasl as a normative foundation in child protection policies. This study recommends a stronger integration between regional regulations, institutional capacity strengthening, and internalization of the values of maqāṣid al-syarī'ah so that the child protection system in Pontianak City becomes more substantive, responsive, and holistically oriented towards the benefit of children.
Reframing Ḥifẓ al-Nasl: Childfree Discourse among Indonesian Celebrities in the Perspective of Maqāṣid al-Usrah Musadad, Ahmad; Fauzi, Alfa Zaidanil; Nahidloh, Shofiyun; Hermawan, Rudi; Choiri, Muttaqin
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.35

Abstract

The shifting marriage paradigm toward individual autonomy has triggered the childfree trend, challenging Indonesia’s normative-pronatalist values. This study addresses whether childfree constitutes a betrayal of ḥifẓ al-nasl or a contextual realization of maqāṣid when parenting capacity is compromised. The research gap lies in the polarization between sociological and normative studies that fail to integrate socio-legal analysis with family-specific maqāṣid. This qualitative study employs a socio-legal approach, analyzing the narratives of five Indonesian celebrities via virtual loci and a coding framework based on Jamāluddin ‘Aṭiyyah’s Maqāṣid al-Usrah. Findings indicate that childfree among these celebrities is a contextual maqāṣid realization, not a betrayal of ḥifẓ al-nasl. There is a shift from quantitative regeneration (al-tanāsul) to quality of life (al-injāb). This choice serves as a preventive instrument (sadd al-dhari’ah) to avoid parenting injustice and maintain sakīnah amid mental or financial unreadiness. Reframing ḥifẓ al-nasl as a qualitative commitment to human dignity allows contemporary Islamic law to balance individual autonomy with social stability. Consequently, the government should formulate maqāṣid-based family policies prioritizing parenting quality and mental health over fertility targets.
Legal Authority and Fatwa Convergence in Islamic Finance: A Comparative Study of DSN-MUI and SAC Malaysia Kusumawati, Sundari Arum; Prakoso, Abdul Rahman; Indriyani, Putri
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.36

Abstract

The rapid expansion of the global Islamic finance industry necessitates greater convergence of sharia economic fatwas to ensure legal certainty, regulatory harmonization, and investor confidence across jurisdictions. Divergent institutional authorities and enforcement mechanisms in different countries often result in fragmentation and regulatory inconsistency. This study aims to comparatively analyze the roles and legal authority of Indonesia’s Dewan Syariah Nasional Majelis Ulama Indonesia (DSN-MUI) and Malaysia’s Shariah Advisory Council of Bank Negara Malaysia (SAC), and to assess their contributions to global fatwa standardization. Employing a normative juridical method with statutory, conceptual, and comparative approaches, this research relies on secondary data including national regulations, institutional fatwas and resolutions, and international standards issued by Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Islamic Financial Services Board (IFSB). The findings reveal that DSN-MUI emphasizes adaptive ijtihad and theological legitimacy, yet the binding force of its fatwas depends on regulatory incorporation into national legislation. Conversely, the SAC operates within a statutory legal framework that grants binding authority over Islamic financial institutions and courts, thereby ensuring stronger legal certainty and broader international recognition. Both institutions contribute to global standardization through distinct institutional models: DSN-MUI through contextual and innovative fatwa development, and SAC through formal legal authority and structured engagement in international standard-setting forums. This study concludes that effective global fatwa convergence requires a balanced integration of adaptive jurisprudential flexibility and robust juridical authority through strategic inter-institutional collaboration.
National Fiqh and Maqasid-Based Ijtihad: Reassessing Ahmad Hasyim Muzadi through Jamal al-Din ‘Atiyyah Solikhudin, Muhammad; Nugroho, Irzak Yuliardy; Rohman, Moh. Faizur; Meidina, Ahmad Rezy; Faidati, Ashima
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.38

Abstract

This study examines Ahmad Hasyim Muzadi’s concept of fikih kebangsaan (national fiqh) through the lens of Jamal al-Din ‘Atiyyah’s maqāṣid al-sharī‘ah theory. While previous studies have discussed national fiqh primarily in normative and socio-political terms, limited attention has been given to its maqāṣid-based methodological foundation. This article addresses that gap by analyzing how Muzadi’s thought reflects a structured maqāṣidī mode of ijtihad. This research employs a qualitative conceptual approach based on library research, examining primary texts of Ahmad Hasyim Muzadi alongside Jamal al-Din ‘Atiyyah’s maqāṣid framework. The analysis focuses on identifying the epistemological structure and levels of maqāṣid embedded in Muzadi’s formulation of national fiqh. The findings demonstrate that Muzadi’s fikih kebangsaan embodies a maqāṣid-based ijtihad operating across three interconnected dimensions: individual, communal, and humanitarian. His conception positions Indonesian Islam as a harmonizing force within plural society, affirms Pancasila as a constitutional meeting point between religion and state, and frames religious moderation as a strategic instrument for national cohesion. This construction reflects a substantive alignment with Jamal al-Din ‘Atiyyah’s expanded maqāṣid theory, particularly in integrating social welfare, civic solidarity, and national integrity into legal reasoning. The study concludes that Muzadi’s national fiqh represents a contextual maqāṣidī reconstruction of Islamic legal reasoning relevant to contemporary plural societies. It recommends further development of maqāṣid-based national fiqh as a methodological framework for strengthening religious moderation and constitutional harmony in Indonesia.

Page 1 of 2 | Total Record : 14

 1   2 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 3 No 2 (2025): November Vol 3 No 1 (2025): Mei Vol 2 No 2 (2024): November Vol 2 No 1 (2024): Mei Vol 1 No 1 (2023): November