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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 27 Documents
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Search results for , issue "Vol 4 No 1 (2026): Mei" : 27 Documents clear
Judicial Reluctance and Legal Gaps in Recognizing Gambling as a Ground for Divorce: An Islamic Law Analysis of Decisions of the Pekanbaru Religious Court Muhammad, Fadel; Bustami, Zulfahmi; Darwis, Muhammad; Fajri, Pujangga Candrawijayaning; Nasir, Naimah Mohamad
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.32

Abstract

This study is motivated by the empirical finding that judges in the Religious Court Class 1A Pekanbaru do not explicitly use gambling as a legal ground for divorce, despite its inclusion in Government Regulation No. 9 of 1975 Article 19(a) and the Compilation of Islamic Law (KHI) Article 116(a). Moreover, Law No. 1 of 1974 on Marriage does not specifically recognize gambling as a cause of divorce, resulting in limited legal protection for affected parties. This research aims to analyze judicial reasoning and standards in adjudicating divorce cases involving gambling from an Islamic law perspective. This study employs a qualitative normative legal approach based on secondary data, utilizing statutory, case, and historical approaches. Data were collected through literature review and supported by interviews, and analyzed using qualitative analytical techniques to derive systematic and interpretative conclusions. The findings reveal that judges tend not to explicitly consider gambling as a primary ground for divorce, instead relying on arguments of continuous disputes and conflicts. Consequently, the normative provisions of Government Regulation No. 9 of 1975 Article 19(a) and KHI Article 116(a) are not optimally applied. From an Islamic law perspective, which prioritizes family welfare (maslahah), gambling can constitute a legitimate (syar’i) ground for divorce. In conclusion, there is a normative and practical gap in judicial application, indicating the need for legal reform. This study recommends strengthening legal provisions by explicitly incorporating gambling as a ground for divorce through amendments to Law No. 1 of 1974 to ensure legal certainty and protection.  
Islamic Inheritance Law In Indonesia and Malaysia: Gender Equality Through Consensual Modification Sudrajat, Oman; Wasehudin, Wasehudin; Itang, Itang; Uyun, Yuyun Rohmatul; Peristiwo, Hadi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.64

Abstract

Islamic inheritance law prescribes a two-to-one ratio between male and female heirs, yet contemporary socioeconomic transformations have prompted scholarly inquiry into possibilities for gender-equitable distribution. This study examines how Indonesia and Malaysia, as the largest Muslim-populated Southeast Asian nations, approach consensual modification of inheritance shares to achieve equality between male and female offspring. This research employs a qualitative comparative normative approach, examining primary legal materials including the Indonesian Compilation of Islamic Law, Malaysian state-level Islamic inheritance enactments, Quranic provisions, and scholarly jurisprudential literature. The analysis utilizes maqasid al-shariah (objectives of Islamic law) as the theoretical framework to evaluate both legal systems. Indonesia offers significant flexibility through Article 183 of the Compilation of Islamic Law, which permits heirs to reach consensual agreements for share equalization at the initial distribution stage, reflecting the cultural emphasis on musyawarah (deliberation). Conversely, Malaysia maintains formal faraid compliance, allowing consensual modifications only after Syariah Court completion of formal share determination through mechanisms such as taksim taradi. The divergent approaches reflect different jurisprudential orientations: Indonesia prioritizes adaptive interpretation responsive to social dynamics, while Malaysia emphasizes preservation of classical calculations. Both systems maintain the two-to-one ratio as baseline while accommodating practical flexibility through different mechanisms, demonstrating that justice in Islamic inheritance is contextual and can align legal outcomes with contemporary family welfare without abandoning foundational principles.
Reinforcing Halal Supply Chain Legitimacy: A Juridical Analysis of MUI Fatwa on Porcine Blood Based Animal Feed Rachman, Abdul; Rosele, Muhammad Ikhlas; Harun, Muhammad Safwan; Sarif, Akbar; Imamuddin, Imamuddin
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.68

Abstract

This study aims to analyze the position of MUI Fatwa Number 08/Ijtima' Ulama/VIII/2024 in determining the halal status of livestock that consume feed containing pig's blood and its implications for strengthening the halal food supply chain in Indonesia. This issue is important because the use of pig blood meal in the feed industry creates legal uncertainty and has the potential to reduce consumer confidence in halal products. The research uses a descriptive qualitative method with a normative juridical approach, based on secondary data in the form of related fatwas and halal product assurance regulations. The results of the study show that the fatwa provides strict normative provisions regarding the halalness of animal products, especially through the affirmation that animal feed must meet halal standards. This fatwa also strengthens the aspects of accountability and transparency in the halal certification system, especially in the upstream sector of the supply chain. In addition, the implementation of fatwas contributes to increasing the effectiveness of supervision and public trust in the integrity of halal products. The implications of this study show that fatwas have a strategic role in supporting the strengthening of regulations by BPJPH, especially related to the obligation of halal certification on animal feed. For LPH, these findings provide operational guidelines in improving the accuracy of product audits and testing. Overall, the integration of fatwas into the halal supply chain system has been proven to strengthen the legitimacy, consistency, and sustainability of the halal industry in Indonesia.
Waqf as a Sustainable Fiscal Instrument in Islamic Economics: A Disaster Management Perspective Dunur'aeni, Mochammad Ae; Fadllurrohman, Fadllurrohman; Purwanti, Hera; Purwatiningsih, Aris Puji; Uchime, Ozioma Victoria
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.26

Abstract

This study aims to analyze the role of waqf as an instrument to support fiscal policy in the Islamic economic system, especially in disaster management. The approach used is descriptive qualitative with secondary data sources in the form of classical and contemporary literature in sharia economic law. The data were analyzed thematically to identify the distribution mechanism and implementation of waqf in the disaster management cycle. The results of the study show that waqf is an instrument of Islamic philanthropy that has significant potential as a source of public income other than zakat, infaq, and alms. In contrast to zakat which is mandatory, waqf is voluntary but has a sustainability character through the management of productive assets. The status of waqf is included in the category of al-milkiyyah al-'ammah, although in certain practices it can be al-expert. In the context of disaster management, waqf can be implemented in three main stages, namely mitigation (reforestation and environmental conservation), emergency response (provision of shelter, health services), and rehabilitation (reconstruction of public facilities such as hospitals, madrasas, and mosques). These findings confirm that waqf has a strategic position as a sustainable alternative fiscal instrument in strengthening sharia-based socio-economic resilience. Therefore, it is recommended that there be the integration of waqf in national fiscal policy, the strengthening of nadzir institutions, and innovations in productive waqf management to be optimal in supporting an effective and sustainable disaster management system.
Artificial Intelligence in Islamic Family Law: An Ethical Analysis and Maqāṣid asy-Syarī'ah Sopiyan, Muhammad; Judijanto, Loso; Asad, Maryam; Zuhri, Saifudin; Syufa’at, Syufa’at
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.31

Abstract

The development of Artificial Intelligence (AI) has brought a significant transformation in the provision of legal services, including in the field of Islamic family law. This research aims to analyze the working mechanism and regulation of AI systems in presenting the provisions of Islamic family law, identify the moral and ethical challenges it poses, and examine its conformity with the principles of maqāṣid asy-syarī'ah. This research uses a qualitative method with a literature study approach. Data is obtained from secondary sources in the form of scientific literature, regulations, and other relevant documents, which are then analyzed through descriptive-analytical techniques to construct normative and conceptual arguments. The results show that AI systems work through algorithm-based data processing designed to generate legal answers based on the compilation of legal sources and available databases. While it is able to improve the efficiency and accessibility of legal information, the use of AI in Islamic family law faces serious challenges in the form of algorithmic bias, potential privacy violations, the risk of autonomous decision-making without contextual considerations, and over-reliance on digital systems. From the perspective of maqāṣid as-syarī'ah, the use of AI has the potential to not fully realize the protection of religion, soul, intellect, descent, and property if it is not accompanied by adequate normative and ethical control. This study recommends the establishment of a regulatory framework and ethical guidelines based on maqāṣid ash-shari'ah that affirms the principles of accountability, algorithm transparency, and supervision of religious and legal authorities to ensure that the implementation of AI in Islamic family law remains in line with the values of justice and benefit.
Unregistered and Online Marriage in Indonesia: An Islamic Law and Legal Perspective Based on the Principle of Al-Masyaqqah Tajlibu al-Taysīr Purnama, Yusuf Agung; Firdaus, Slamet; Wahyudi, Wahyudi; Chernysh, Maryna; Siddiq, Achmad
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.40

Abstract

Marriage in Islam is a sacred contract that has a worship and social dimension, so its regulation is a concern in Islamic law and state law. Social and technological developments have given birth to contemporary marriage practices such as serial marriage and online marriage contracts that raise legal issues, especially related to the validity and legal protection for women and children. This study aims to analyze these two practices in the perspective of Islamic law and positive Indonesian law by using the rules of fiqh al-masyaqqah tajlibu al-taysīr as a framework for analysis. The method used is normative juridical law research with a literature approach, through the analysis of primary and secondary sources in the form of the Qur'an, hadith, fiqh books, Compilation of Islamic Law, and laws and regulations. The results of the study show that nikah siri can be considered valid in fiqh if it meets the principles and conditions, but it does not have legal force in the country's legal system, so it has implications for weak legal protection, especially for women and children. Meanwhile, an online marriage contract can be considered valid according to some scholars as long as it fulfills the substantive elements of the contract, although it still faces challenges in the aspect of formal legality. The discussion shows that the application of the rules of al-masyaqqah tajlibu al-taysīr reflects the flexibility of Islamic law in responding to social dynamics without neglecting maqāṣid al-syarī'ah and legal certainty. Therefore, it is necessary to harmonize adaptive regulations and strengthen marriage registration to ensure legal certainty and protection, while affirming that formal legality is an essential aspect in contemporary marriage practices.
Between Theology and History: Re-evaluating the Solar Eclipse Narrative in the Karbala Tragedy through Islamic Historiography and Astronomy Riza, Muhammad Himmatur; Rofiuddin, Ahmad Adib; Ardliansyah, Moelki Fahmi; Wardani, Restu Trisna; Firdiansyah, Ahmad Roihan
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.41

Abstract

This study critically examines the widely circulated claim that a solar eclipse occurred on the day of Ḥusayn ibn ʿAli’s martyrdom during the Karbala tragedy (10 Muḥarram 61 AH / 10 October 680 CE). While the narrative appears in classical sources such as Tārīkh al-Khulafā’ by al-Suyuthi, it has rarely been subjected to rigorous interdisciplinary verification. This research addresses that gap by integrating historical-textual criticism with astronomical data analysis. Using a qualitative library-based approach, the study evaluates the reliability of the narrative through isnād and matn criticism, while cross-referencing it with NASA eclipse records and Stellarium simulations. The findings demonstrate that no solar eclipse occurred or was observable in the region on the stated date, thereby contradicting the historical claim. This suggests that the eclipse narrative functions primarily as a symbolic and theological construct rather than an empirical event. The study contributes to Islamic historiography by emphasizing the importance of methodological integration between traditional scholarship and modern scientific tools, offering a clearer distinction between symbolic religious narratives and historically verifiable facts.
Regulatory Challenges and Social Dynamics of Online Notary Practices: A Comparative Legal Study of Indonesia and Malaysia Abdillah, Satrio; Ghapa, Norhasliza; Makhtar, Maheran
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.46

Abstract

This study examines the social challenges and technology adoption processes in online notarial practices in Indonesia and Malaysia during and after the COVID-19 pandemic. The study employed a qualitative approach, involving in-depth interviews and document analysis. The analysis tool used was NVivo 12 Plus for coding optimization. The novelty of this study lies in its cross-country comparative analysis, specifically examining the interrelationships between social dynamics, digitalization, and legal challenges in online notarial practices in Indonesia and Malaysia during and after the COVID-19 pandemic, a previously unstudied approach. The main findings of this study indicate that the transformation of notarial practices in Indonesia and Malaysia after the COVID-19 pandemic was significantly influenced by the interaction between social dynamics, digital literacy levels, and legal regulatory readiness. Indonesia faces challenges such as legal uncertainty, gaps in access to technology, and low trust in digital services. At the same time, Malaysia has demonstrated faster adaptation due to a clearer regulatory framework and greater acceptance of technology. Differences in legal systems (civil law and common law) also shape the flexibility with which online notarial practices can respond to digitalization, thereby affecting the validity, legitimacy, and sustainability of online notarial practices in both countries. The digital transformation of notarial practice demands greater legal certainty through clear, adaptable regulations to ensure the validity, security, and legitimacy of online notary services. Therefore, harmonizing cybernotary regulations and strengthening digital governance are necessary to ensure that technological innovation aligns with fundamental legal principles.
The Problem of Legal Balance Regarding The Rights and Obligations of Husband and Wife From The Perspective of Misyâr Marriage (Mîtsâqan Ghalîẓa) on Marriage Law Muin, Fatkhul; Ahmad, Ahmad; Furqon, Eki; Rohaya, Nizla
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.47

Abstract

In this study focuses on legal issues regarding the balance of rights and obligations of husband and wife in misyâr marriage. Misyâr marriage as a form of marriage in which one party promises to release obligations as husband or wife in their marriage, In this marriage model it can result in the non-implementation of the form of marriage prescribed by Islam and state law in the Marriage Law, where the essence of marriage is the physical and spiritual bond of mîtsâqan ghalîẓa (مِيْثَاقًا غَلِيْظًا) between the two parties to live life to become a Sakinâh, mawâdah wa rohmâh family. In the legal and sociological approach to society, that in marriage the essence of the parties carrying out their rights and obligations as husband and wife, so that the balance in marriage. Law No. 1 of 1974 concerning Marriage which emphasizes the nature of marriage on the rights and obligations between the parties, so that, the rights and obligations cannot be released without a reason, while in misyâr marriage, releasing one of its obligations without a sharia reason. In Indonesian society in general, in order to maintain balance, Sighat Ta'liq is often used as a basis for maintaining the relationship between husband and wife in order to maintain balance in the existing marriage, so that the goal of marriage that is Sakinâh, mawâdah wa rohmâh, can be achieved if the balance is realized in the representation in the relationship between husband and wife. In this article aims to analyze in depth the misyâr marriage as a form of deliberate release of obligations without a sharia reason. in this study using qualitative methods and legal approaches in this study, where the perspective on the legal framework of mîtsâqan ghalîẓa and the legal paradigm in Islamic law and marriage law.
Da'wah Strategy of the Sunda Kelapa Taklim Council as a Non-State Actor in the Socialization of Islamic Family Law in Jakarta Nupzahtusaniya, Nupzahtusaniya; Bakti, Andi Faisal; Tungatarov, Yerik; Nurrohim, Nurrohim
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.50

Abstract

This study aims to analyze the role of the Sunda Kelapa Taklim Council as a non-state actor in the socialization of Islamic family law in Jakarta. Based on a qualitative descriptive approach with a case study design, this study examines how da'wah strategies are designed and implemented to transform family fiqh norms into the religious consciousness of urban communities. The focus of the research includes the material presented, delivery methods, communicative approaches, and the use of media in da'wah activities related to marriage issues, marital relations, divorce, and child care. Data was obtained through interviews, participatory observations, and documentation of the administrators, ustadz, and worshippers of the Sunda Kelapa Taklim Council centered at the Sunda Kelapa Grand Mosque. The results of the study show that the da'wah strategy functions as an effective instrument for socializing Islamic family law in shaping the normative awareness of the congregation. The substance of family law is conveyed in a normative-theological, ethical-social, and practical framework, so that it is not only understood as a formal rule, but as a spiritual mandate and moral guideline in domestic life. As a non-state actor, the taklim assembly does not have formal juridical authority like state institutions, but it plays a significant role in building moral legitimacy, providing a space for non-formal consultation before the litigation process, and bridging fiqh norms with national regulations and the realities of urban life. These findings confirm that the development of Islamic family law in Indonesia takes place through the interaction between the formal structure of the state and the dynamics of religious civil society that shape the understanding and practice of law at the social level.  

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