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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 67 Documents
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Economic Law Compliance in AI-Driven Digital Mompreneurship: The Role of Entrepreneurial Attitudes and Self-Efficacy in Performance Sahabuddin, Romansyah; Mahmuddin, Mahmuddin; Ampauleng, Ampauleng
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.v3i2.39

Abstract

Website-based Artificial Intelligence (AI) transformation among mompreneurs has enhanced business performance opportunities; however, gaps in digital economic law compliance awareness persist. This study examines the effects of AI integration and entrepreneurial attitudes on mompreneur business performance, with self-efficacy as a mediating variable within an economic law compliance framework. A quantitative design employing Structural Equation Modeling (SEM) was applied to 400 MSME mompreneurs in Makassar City selected through purposive sampling. Data were collected using structured questionnaires measuring AI integration, entrepreneurial attitudes, self-efficacy, and business performance. Measurement model validation (loading, CR, AVE) and structural model estimation (β, t-value, p-value) were conducted alongside mediation analysis. SEM results reveal significant effects of AI integration on self-efficacy (β = 0.52), entrepreneurial attitudes on self-efficacy (β = 0.71), AI integration on business performance (β = 0.74), entrepreneurial attitudes on business performance (β = 0.83), and self-efficacy on business performance (β = 0.80). Findings confirm self-efficacy as a partial mediator strengthening technological and behavioral influences on performance outcomes. AI integration and entrepreneurial attitudes are primary predictors of mompreneur performance, with self-efficacy functioning as a reinforcing psychological mechanism. From an economic law perspective, effective AI adoption must be accompanied by compliance with electronic transaction, personal data protection, and MSME regulatory frameworks to ensure sustainable digital entrepreneurship. Policy initiatives should integrate AI capability development, entrepreneurial self-efficacy enhancement, and digital economic law compliance education for mompreneurs to foster productive and legally compliant MSME ecosystems.
Reconstructing Sharia Competent Notarial Authority in Indonesia: Legal Pluralism and Gender Justice in Islamic Family Law Anwar, Chaerul; Sulaiman, Abdullah; Sopyan, Yayan
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.v3i2.42

Abstract

This study examines the structural position of notarial authority within Indonesia’s plural Islamic family law system, particularly the tension between formal authenticity under civil law and substantive compliance with Islamic legal principles. In practice, notarial deeds in family matters such as marriage agreements, inheritance arrangements, and marital property settlements possess strong evidentiary value, yet their conformity with Islamic legal norms is not always ensured in Religious Court adjudication. Despite the growing involvement of notaries in family-related legal documentation, limited scholarship has addressed the institutional gap between civil notarial authority and Sharia compliance standards in Indonesia’s Islamic family law governance. This study therefore investigates how Religious Courts assess notarial deeds in Islamic family law disputes and what regulatory framework is required to ensure both legal validity and Sharia compliance. Using a qualitative normative–doctrinal approach, the research analyzes statutory regulations alongside selected Religious Court decisions from 2019–2023. The findings reveal a regulatory and professional competency gap: although notaries are authorized to draft authentic deeds, courts frequently conduct substantive review to evaluate Sharia compliance, gender implications, and distributive justice. Theoretically, this study contributes to socio-legal scholarship on Islamic legal pluralism by conceptualizing a model of Sharia-Competent Notarial Authority integrating maqāṣid al-sharīʿah and gender justice perspectives. The study recommends incorporating mandatory Sharia competency standards for notaries involved in Islamic family law documentation to strengthen legal certainty and religious legitimacy.
Consumer Perceptions of Influencer Authenticity: A Sharia Economic Law Perspective on Generation Z Nurhilalia, Nurhilalia; Yusuf, Muhammad; Menne, Firman; Yusuf, Yulia Yunita
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.v3i2.73

Abstract

This study examines how Generation Z consumers in urban Indonesia (West Java) perceive influencer authenticity in online fashion marketing through the lens of Sharia Economic Law. While prior studies have extensively explored influencer authenticity, limited attention has been given to its integration with Islamic legal-ethical principles, particularly within a normative-empirical framework. Moreover, existing research tends to overlook how authenticity is operationalized within Sharia-based ethical boundaries in digital marketing contexts. Addressing this gap, the study draws on fiqh al-muʿāmalāt concepts, including transparency (bayān), honesty (ṣidq), and the prohibition of deception (tadlīs). A qualitative case study approach was employed, involving semi-structured interviews with 20 social media users aged 18–25. Data were analyzed thematically using Braun and Clarke’s (2006) framework with NVivo support. The findings identify five key dimensions of perceived authenticity: transparency and consistency, trustworthiness, relatability (homophily), parasocial interaction, and alignment with Sharia-compliant values. Authenticity functions as a mediating construct linking influencer attributes to consumer trust and ethical judgment. The results further indicate that micro influencers are perceived as more authentic and ethically aligned than celebrity endorsers, while inadequate sponsorship disclosure raises concerns related to gharar and tadlīs. This study contributes theoretically by proposing an integrated authenticity framework grounded in Sharia Economic Law, extending existing influencer marketing literature beyond secular perspectives. As a research implication, it highlights the need to reconceptualize authenticity as a legally and ethically bounded construct in digital marketing contexts. Practically, the findings inform the development of transparent and Sharia-compliant marketing strategies in Muslim-majority markets.
Justice and Agreement in Islamic Inheritance Distribution: An Analysis of Religious Court Decisions in Indonesia Ruhiat, Panji Nugraha; Fathonih, Ah.; Khosyi’ah, Siah; Syamsuddin RS; Firdaus, Nadia Safira
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.v3i2.57

Abstract

This research departs from the debate on the tension between normative inheritance division (faraidh) and the demands of substantive justice in contemporary Muslim family dynamics. The main problem of this research is how the principle of justice is manifested in the distribution of inheritance based on mutual agreement (ash-shulhu) and how it is implemented in the practice of religious justice. This study uses normative-empirical legal methods with legislative, conceptual, and case study approaches to practices in the Religious Court. The findings of the study show that the principle of justice in inheritance agreements is built on the principles of voluntariness, willingness, equality of rights, and benefits, which are substantively in line with the values in the Compilation of Islamic Law (KHI). In practice, the implementation of inheritance agreements is carried out through mediation mechanisms in contentious cases or through reinforcement by judges in the form of decisions or determinations, as long as it does not violate sharia principles and the absolute rights of heirs. This approach has proven effective in preventing protracted conflict and creating more contextual justice. This study contributes to the debate on the reconciliation between normative Islamic inheritance law and considerations of sociological justice in contemporary Muslim society. Theoretically, this study emphasizes that the concept of justice in Islamic inheritance law is not rigid, but adaptive through an agreement mechanism that remains in the sharia corridor. The recommendation of this study is the need to strengthen the role of mediation and more explicit judicial guidelines in accommodating substantive justice-based inheritance agreements in the religious justice environment.
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.

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