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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 43 Documents
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Relevansi Dan Analisis Hak Dan Kewajiban Suami Istri Dalam Kitab Irsyadul Ibad Ila Sabilirrosyad Asrori, Khozinatul
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.140

Abstract

The discussion in this study is about the rights and obligations of husband and wife according to Zainuddin bin Abdul Aziz Al-Malibary in his work the book Irsyadul Ibad Ila Sabilirrosyad which is based on certain hadiths. This study is important to see the dynamics of understanding of leading ulama figures who have a broad and strong influence in world society, as well as ulama who produce many works which are often used as references in normative-theological studies in certain circles. This research is library research with a descriptive approach using primary book sources Irsyadul Ibad Ila Sabilirrosyad by Zainuddin bin Abdul Aziz Al-Malibary. The result is that Zainuddin bin Abdul Aziz Al-Malibary's thoughts about the rights and obligations of husband and wife cannot be separated from the social conditions of society at that time. In the context of the modern world, Zainuddin bin Abdul Aziz Al-Malibary's thoughts have had quite a big influence, however, not all of his thoughts are still relevant today. Thus, it is very likely that there will be a need for new interpretations of several similar works which are still used as references in various problems that arise
The Conflict Between the Sebambangan Marriage Tradition of the Indigenous Lampung Community and the Implementation of Premarital Course Regulations Nizam, Nabil; Fitri Maulina Alviani; Nizam, Sadida
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.286

Abstract

The premarital course is a government-initiated program aimed at preparing prospective couples to establish harmonious, loving, and compassionate families (sakinah, mawaddah, warahmah), and to reduce divorce rates in Indonesia. Regulated by the Decree of the Director General of Islamic Community Guidance No. DJ.II/542 of 2013, the Office of Religious Affairs (KUA) is mandated to provide a 16-hour premarital course before the marriage contract. However, implementation in areas with strong local traditions presents specific challenges. This study investigates the implementation of the premarital course within the indigenous Lampung community in Marga Tiga District, where the traditional practice of sebambangan—a secretive elopement of the bride to the groom's house—still occurs. This tradition prohibits the bride from leaving her home before the wedding, hindering in-person participation in the course. Employing an empirical normative legal research method with a qualitative approach, data were gathered through field observations and interviews with KUA officials, traditional leaders, and prospective couples. The findings reveal that the implementation of the premarital course remains suboptimal due to cultural constraints, limited access, and a lack of alternative dissemination methods tailored to local conditions. The study suggests the need for innovative solutions, such as online platforms or home-accessible media, to enhance the accessibility and effectiveness of premarital education among indigenous communities.
Relevance And Analysis Of The Rights And Obligations Of Husband Wife In The Book Irsyadul Ibad Ila Sabilirrosyad Asrori, Khozinatul
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 1 (2025): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i1.140

Abstract

The discussion in this study is about the rights and obligations of husband and wife according to Zainuddin bin Abdul Aziz Al-Malibary in his work the book Irsyadul Ibad Ila Sabilirrosyad which is based on certain hadiths. This study is important to see the dynamics of understanding of leading ulama figures who have a broad and strong influence in world society, as well as ulama who produce many works which are often used as references in normative-theological studies in certain circles. This research is library research with a descriptive approach using primary book sources Irsyadul Ibad Ila Sabilirrosyad by Zainuddin bin Abdul Aziz Al-Malibary. The result is that Zainuddin bin Abdul Aziz Al-Malibary's thoughts about the rights and obligations of husband and wife cannot be separated from the social conditions of society at that time. In the context of the modern world, Zainuddin bin Abdul Aziz Al-Malibary's thoughts have had quite a big influence, however, not all of his thoughts are still relevant today. Thus, it is very likely that there will be a need for new interpretations of several similar works which are still used as references in various problems that arise.
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.

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