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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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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.  
Reconceptualizing Marital Seizure as a Gendered Safeguard in Indonesia’s Religious Courts M. Almutairi, Thamer Hamdi; Muslimin, JM.; R. Mayuk, Siebel; Ardiansyah, Al Fiqri; Yusof, Nabilah
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.v4i1.52

Abstract

The protection of women’s economic rights in marital property disputes within Indonesia’s Religious Courts remains problematic, particularly due to the risk of asset dissipation during divorce proceedings and the limitations of procedural safeguards. This study examines the interpretation and application of marital seizure (sita marital) as a legal mechanism to secure women’s property rights, while also identifying disparities in judicial decision-making. Employing a qualitative socio-legal approach, this research analyzes 42 court decisions issued between 2018 and 2023, sourced from the Indonesian Supreme Court database. Data were analyzed through qualitative content analysis focusing on judicial reasoning, evidentiary standards, and gender-related considerations. The findings reveal three dominant judicial patterns: approval, rejection, and partial approval of marital seizure requests. These variations are largely influenced by inconsistent evidentiary thresholds and the broad scope of judicial discretion. Although a small number of decisions demonstrate gender-sensitive reasoning aligned with feminist legal theory and maqāṣid al-sharīʿa (ḥifẓ al-māl), most rulings remain procedurally formalistic, which tends to disadvantage women, particularly those lacking access to financial documentation. This study argues that marital seizure constitutes a potentially effective yet inconsistently applied procedural safeguard. It reconceptualizes marital seizure as a gender-responsive legal instrument and underscores the urgency of doctrinal reform, the establishment of standardized evidentiary guidelines, and the integration of gender-sensitive judicial approaches. These measures are essential to ensuring substantive equality and strengthening the protection of women’s economic rights in marital property disputes.
From Taboo to Negotiated Tradition: Marriage During Muharram in Gunungkidul within Islamic Family Law Context Assaiq, Muhammad Royhan; Hayati, Siti Muna; Suprianto, Agus; Aqil, Ibnu; Yumna, Hanin
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.v4i1.53

Abstract

This study addresses the gap between normative Islamic legal perspectives, which deny any prohibition of marriage in certain months, and socio-cultural practices that maintain marriage taboos in Javanese society. It aims to explain how Javanese traditions interpret marriage during the month of Muharram and to identify the factors that drive the negotiation of this taboo. This research is a field study with a qualitative socio-legal approach conducted in Gunungkidul Regency. Data were collected through in-depth interviews with ten informants, including six individuals who married during Muharram, two marriage guardians, and two officials from the Office of Religious Affairs. Data were analyzed using the Miles and Huberman model and interpreted through Bronfenbrenner’s ecological systems theory. The findings reveal that decisions to marry during Muharram are influenced by practical family considerations, religious understanding, and institutional legitimacy. These factors indicate that the Muharram marriage taboo has not disappeared but has been reinterpreted as a negotiable cultural practice. Theoretically, this study contributes to Islamic family law by demonstrating that legal norms interact dynamically with social and cultural systems, in which local traditions may function as ‘urf that is continuously negotiated within the framework of Islamic law. Therefore, this study recommends strengthening context-based Islamic legal education grounded in maqāṣid al-sharī‘ah to distinguish between normative religious teachings and culturally constructed beliefs.  
Reconstructing The Regulatory Framework of Stock Waqf In Indonesia’s Sharia Capital Market: Institutional And Sustainability Perspectives Rahmat, Paisal; Usmayani, Ilham Putra; Nurjannah, Syamratun; Putra, Haris Maiza; Jureid, Jureid
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.v4i1.55

Abstract

The institutional framework and sustainability of waqf in Indonesia hold immense potential for supporting the social and economic development of the Muslim community. However, despite its promise, the sector remains fragmented, and its utilization has not yet been optimized due to the lack of specific legal regulations governing stock waqf. This study analyzes the regulatory framework for stock waqf from the perspectives of institutionalization and sustainability in Indonesia. Employing a qualitative method through normative legal research using a conceptual approach, this study examines the reconstruction of stock waqf from the perspectives of institutionalization and sustainability in Indonesia. The research findings emphasize the need for legal reconstruction regarding the institutional framework and sustainability of stock waqf to integrate collaborative legal regulations among the Indonesia Stock Exchange, the Financial Services Authority, and the Indonesian Waqf Board, as well as to strengthen Islamic financial literacy. Collaborative legal regulation is not only necessary for operational effectiveness but also to integrate waqf into a modern economic framework, including the integration of digital governance systems and the strengthening of electronic nazhir certification systems without compromising their ethical foundations. Recommendations include strengthening specific legal regulations for stock waqf, fostering synergy between the government and religious authorities, and implementing collaborative legal integration among the Indonesia Stock Exchange, the Financial Services Authority, and the Indonesian Waqf Board. These findings contribute to the reconstruction of the endowment system from an institutional perspective and to the sustainability of endowments that are responsive to national socioeconomic needs and the needs of the endowment itself.
The Legal Protection of Genetic Resources Associated with Traditional Knowledge in Indonesia: Juridical Implications of the GRATK Treaty Yuliati, Yuliati; Sudjatmiko, Agung; Amrulla, Moh. Fahrial
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.v4i1.56

Abstract

This study aims to analyze the legal consequences of Indonesia’s ratification of the GRATK agreement on the patent framework. As is known, the recognition and protection of Intellectual Property Rights (IPR) has undergone rapid development, especially communal IPR such as the protection of genetic resources and traditional knowledge, which demand fair and adequate legal protection for all parties. The emergence of unfair practices in the use, commercialization (biopiracy), and restriction of ownership of traditional knowledge through IPR instruments has created a conflict of interest between the owners of traditional knowledge and those who develop and commercialize it. This research focuses on the legal protection of traditional knowledge through the international agreement, the GRATK Treaty, which the Indonesian government has signed, and its legal consequences. This study uses normative legal research, analyzing Law No. 65 of 2024 concerning Patents and the 2024 GRATK Treaty as the main sources. The results of the study show that the GRATK agreement provides a fair framework for the recognition and legal protection of genetic resources, as desired by countries that own genetic resources in a world dominated by developing countries. However, the study also argues that while the GRATK Agreement and its incorporation into Indonesian patent law represent significant progress, their effective implementation requires comprehensive regulatory harmonization and the development of sui generis mechanisms to protect communal intellectual property, thereby safeguarding the national interest in genetic resources and traditional knowledge.
The Implementation of Descente in Hadhanah Disputes: A Juridical and Child Psychological Perspective in Religious Courts Ramdhani, Barkah; Wasman, Wasman; Sugianto, Sugianto; Setyawan, Edy; Khiyaroh, Khiyaroh
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.v4i1.59

Abstract

This study aims to analyze juridically the implementation of descente (local examination) in influencing judges' consideration of child custody disputes (hadhanah) in the Religious Court by focusing on the psychological perspective of the child. The main problem lies in the limitations of the descente function, which is classically oriented to material matters, but in practice it is beginning to be used to assess the child's parenting and emotional relationships. This study uses a qualitative method with an empirical juridical approach through literature studies, decision analysis, and in-depth interviews with judges. The data were analyzed by examining the suitability of descente practices to Islamic civil procedure law and its relevance to the psychological needs of children, such as a sense of security, emotional closeness, and developmental stages. The results of the study show that descente plays a strategic role in enriching the judge's consideration base because it is able to present the reality of children's lives that are not fully revealed through formal evidence. The child's psychological perspective also emphasizes the urgency of descent as an instrument to actualize the principle of the best interest of the child. However, it was found that there were variations in the intensity, quality, and integration of descent results into the consideration of the decision, which had implications for the inconsistency of the application of child protection principles. Thus, this study recommends strengthening normative guidelines through Supreme Court regulations and increasing the capacity of judges in understanding aspects of child psychology so that the implementation of descente is more optimal as an instrument to protect children's rights and welfare in hadhanah cases.
Recontextualizing Article 97 of the Indonesian Compilation of Islamic Law: A Maqasid-Based Analysis of Judicial Practices in Joint Property Disputes Daelani, Supian; Wasman, Wasman; Sugianto, Sugianto; Samsudin, Samsudin; Neonbeni, Randy Vallentino
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.v4i1.60

Abstract

Article 97 of the Compilation of Islamic Law (KHI) stipulates that if a marriage ends due to divorce, each surviving widow or widower is entitled to half (50%) of the joint property, unless otherwise stipulated in the marriage agreement. This study aims to review (recontextualize) the application of Article 97 of the KHI from a justice perspective, particularly in cases where the husband and wife's contributions to the acquisition of property are unequal, or where one party (particularly the wife) bears a double burden. The research method used is normative legal research with a conceptual approach and a case-based approach (judgment decisions). The results indicate that the rigid application of Article 97 of the KHI (equal division) often results in substantive injustice, particularly when the wife acts as the primary breadwinner or a housewife who works hard beyond basic obligations while the husband is negligent.  Recontextualization of this article is necessary by shifting the paradigm from "equal distribution" (equality of portion) to "division based on real contribution" (proportional justice) and the principle of Maqasid Sharia (benefit). Supreme Court Judge Decision No. 266 K/AG/2010 provides the basis for the division of joint assets not necessarily being 50:50, but rather taking into account the extent of each party's contribution to the acquisition of the joint assets.
Women as Breadwinners and the Transformation of Roles in the Muslim Family: Evidence from Urban South Sulawesi Shuhufi, Nadyatul Hikmah; Ardi, Muh Zaitun; Fatmawati, Fatmawati; Shuhufi, Muhammad; Ali, Zezen Zainul
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.v4i1.61

Abstract

This study examines the role of wives as family breadwinners from the perspective of normative Islam and contemporary social realities. The study employs a qualitative approach with an interdisciplinary framework that combines normative Islamic legal analysis and sociological perspectives. Primary data were collected through interviews and observations of 12 families in the Pao-Pao Permai Complex, Gowa, South Sulawesi. To date, research in Indonesia has been dominated by normative-doctrinal approaches and has not extensively examined family livelihood practices from an empirical and sociological perspective. The findings reveal four patterns of family breadwinners: (1) both husband and wife work and share financial responsibilities equally; (2) both partners work, but the wife contributes more significantly to household income; (3) the husband acts as the primary breadwinner while the wife focuses on household responsibilities; and (4) the wife becomes the sole breadwinner, particularly in single-parent households or when the husband lacks stable employment. This study demonstrates that the husband’s role as the sole provider is not an absolute theological obligation but rather a sociological phenomenon shaped by historical and social contexts. Thus, women also possess the capacity and legitimacy to assume the role of family breadwinner in accordance with contemporary socioeconomic conditions. This research contributes to the development of Islamic family law by offering a reinterpretation of the concept of maintenance based on maqāṣid al-sharī‘ah, which emphasises the welfare and justice of the family. This study affirms that a flexible division of maintenance can be justified within the framework of Islamic law, thus necessitating a more contextual approach to family law.
AI-Legislation in Indonesian Legal System: A Legal Analysis and Reformulation of AI-Based Legislative Planning Tarantang, Jefry; Pelu, Ibnu Elmi A.S. Pelu; Witro, Doli; Maimunah, Maimunah; Aulia, Ajeng Hijratul
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.v4i1.63

Abstract

This study aims to find out and analyze the potential use of AI at the pre-drafting stage of law, as well as formulate an initial model of AI integration as an initial testing mechanism for proposed regulations before being included in the National Legislation Program (Prolegnas) and Regional Legislation Program (Prolegda). The study offers novelty through the concept of AI-Legislation, an artificial intelligence-based system designed to automatically and predictively test the feasibility of legal substance before entering the regulatory drafting stage. This research uses a juridical-normative approach that is developed in a reflective-critical manner. Primary data is obtained through laws and regulations, judicial decisions, as well as Prolegnas and Prolegda documents. Meanwhile, secondary data is in the form of scientific articles (journals), books, and other literature materials. The data analysis techniques used are descriptive-critical with a framework analysis approach to build a conceptual framework of AI-Legislation in three layers, namely automatic analysis, policy prediction, and institutional integration. The research findings show that AI can help in mapping regulatory needs, detecting legal conflicts, and harmonizing norms with greater precision. AI-Legislation fundamentally shows a paradigm shift from the classical legislative model to smart-modern legislation. AI implementation faces challenges in terms of digital infrastructure readiness, technological literacy among government officials, and legal validity of AI recommendations. Therefore, the study recommends the integration of the AI testing phase as an initial requirement in the legislative planning process, as well as the need to establish national governance and regulations governing the use of AI in the legislative regulatory development cycle.
Reconceptualizing Stage-Based Legal Proceedings: A Comparative Analysis of European Models and Judicial Reform in Ukraine Bychkov, Ihor; Romanchenko, Yevhen; Petrenko, Anatolii; Kaylo, Ivan; Svintsytskyi, Andrii
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.v4i1.69

Abstract

This paper examines the stage-based approach to the organization of legal proceedings in the justice systems of Europe and Ukraine. Staging is understood as a procedural framework that structures judicial activity into successive phases, ensuring fairness, transparency, and efficiency of the trial process. The study analyses key stages of legal proceedings, including pre-trial investigation, preparatory procedures, trial, and appellate review, highlighting their role in protecting procedural rights and upholding the rule of law. Using a comparative legal approach, the research explores the practices of Germany, the United Kingdom, France, Italy, and Spain to identify common features and differences in stage-based models. Particular attention is given to the influence of European legal standards and international judicial practice on national systems, as well as to the challenges of adapting these approaches in Ukraine. The paper identifies major shortcomings in the Ukrainian judicial process, such as inefficiencies in pre-trial investigation and limited effectiveness of judicial control. The findings show that a well-structured stage-based system enhances legal certainty and the protection of human rights. The study concludes that Ukraine should develop a functionally effective procedural model based on European best practices while considering national legal realities.

Page 6 of 7 | Total Record : 67

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