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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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The Erosion of Customary Authority and The Riset of Local Ulama In The Normalization of Unregistered Marriages In Indonesian Muslim Communities Salam, Safrin; Miqat, Nurul; Yulestari, Risma; Muhammed, Ibrahim Kayode; Odeh, Callistus
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.v4i1.72

Abstract

This study examines the erosion of customary authority and the repositioning of local clerics in legitimizing unrecorded marriage in the Indonesian Muslim community in the context of legal pluralism and modernization. The research is directed to understand how the relationship between customary institutions, religious authorities, and state law reshapes the legitimacy of marriage and legal awareness in contemporary Islamic family law. This study uses a qualitative socio-legal approach based on legal anthropology and sociology of religion, with a comparative case study design on several Muslim communities in Indonesia where the practice of marriage is not recorded as still persisting. Data were collected through in-depth interviews, document analysis, and limited participatory observation. The results show that customary authorities are weakened due to modernization, bureaucratization of marriage administration, migration, generational change, and declining effectiveness of collective sanctions. In this situation, local clerics increasingly occupy a central position as determinants of the legitimacy of marriage through mosque-based authority, religious education networks, and moral leadership. This configuration gives birth to a layered legal landscape, where state law, customary practices, and religious norms coexist unequally, so that social legitimacy by scholars can outweigh weakened customary sanctions and uneven enforcement of state law. This study concludes that the normalization of marriage is not just an administrative failure, but a manifestation of a shift in normative authority in Indonesia's plural legal order. In practice, the study recommends strengthening cooperation between state institutions, indigenous actors, and scholars to improve marriage registration, strengthen legal awareness, and protect the rights of women, children, and families.  
The Dynamics of Family Law Reform in Muslim Societies: A Comparative Fiqh Analysis of Gender Justice and Legal Modernization Husain, Husain; Chadziq, Achmad Lubabul; Setyorini, Fitri Sari; Faizah, Nur; Abdullah Sanek, Siti Khadijah
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.v4i1.74

Abstract

This study examines the dynamics of family law reform in Muslim societies through a comparative fiqh perspective, with a particular focus on gender justice and legal modernization. The research is motivated by the growing tension between classical Islamic legal doctrines and contemporary demands for equality, especially in the domain of family law, which directly governs gender relations. It aims to analyze how Muslim countries reinterpret Islamic legal principles to accommodate evolving social realities while maintaining normative legitimacy. This research employs a qualitative legal method with a comparative and normative approach. Primary data consist of statutory regulations on family law from selected Muslim-majority countries, including Indonesia, Morocco, and Tunisia, while secondary data are derived from classical fiqh literature, contemporary scholarly works, and international human rights instruments. Data are collected through document analysis and examined using interpretative and comparative analytical techniques grounded in maqāṣid al-sharī‘ah. The findings reveal that reforms in family law across Muslim societies demonstrate a shift from rigid textualism toward contextual and purposive interpretations of Islamic law. Countries adopting progressive reforms tend to integrate gender justice principles by reinterpreting doctrines such as qiwāmah, polygamy, and divorce rights, aligning them with broader objectives of justice, welfare, and human dignity. Moreover, the incorporation of international human rights norms has influenced legal restructuring, although often mediated by local religious and political considerations. In conclusion, the study affirms that the integration of gender justice within Islamic family law is both normatively justifiable and socially necessary, and therefore recommends the adoption of a maqāṣid-based interpretative framework alongside institutional legal reform to ensure a more equitable, adaptive, and sustainable family law system in Muslim societies.
Controlled Legal Pluralism: Islamic Family Law Adaptation In Socialist-Secular China Irfan, Agus; Amri, M Saeful; Warsiyah, Warsiyah; Munkhakim, M Ali; Sa'adah, Dian Naeli
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.v3i2.80

Abstract

Islamic family law is the legal domain most directly confronted by state legal dominance in modern legal systems, particularly when the state places all family relations under a single formal legal framework. In China, the socialist-secular legal order affirms that marriage, divorce, inheritance, and domestic relations are governed exclusively by the Civil Code of the People’s Republic of China, thereby excluding religious norms from formal recognition as a legal source. Existing studies on Islam and the state in China have largely focused on Muslim minority identity and religious regulation. Yet, they have not sufficiently explained how Islamic family law survives under conditions of legal centralization and strict administrative control. This study aims to analyze the forms of adaptation of Islamic family law within Muslim minority communities in China using a qualitative socio-legal approach, employing normative analysis of national legal regulations, administrative policies, and recent academic literature. The findings show that Islamic family law does not function as a formal legal system but survives through social practices such as religious marriage contracts conducted after civil registration, family mediation based on Islamic values, and inheritance deliberation within domestic spaces. These findings indicate that legal pluralism in China operates in a controlled form, in which religious norms remain socially operative without obtaining formal institutional legitimacy as long as they do not challenge state legal sovereignty. This article contributes to socio-legal scholarship by strengthening the concept of controlled legal pluralism as an analytical model for understanding the survival of Islamic family law in highly centralized non-Muslim states.
Qiwāmah And Epistemic Violence: A Critical Socio-Legal Analysis of Gendered Authority In Islamic Family Law Ardiansyah, Al Fiqri; Tambunan, Marhamah Annazah; Alamsyah, Randy Putra; Akbar, Idrus Afandi; Nuruddin, Nuruddin
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.v3i2.100

Abstract

The concept of qiwāmah (male authority) in Q.4:34 remains a central yet contested foundation in Islamic family law, particularly in shaping gender roles and marital authority. While classical and modern tafsir have largely legitimized male leadership, existing scholarship tends to focus on reinterpretation or normative critique, leaving a gap in examining the epistemological structures that produce and sustain patriarchal authority. This study investigates qiwāmah as a site of epistemic violence and analyzes how gendered authority is constructed within Qur’anic exegesis and institutionalized in Islamic family law, particularly in the Indonesian Kompilasi Hukum Islam (KHI). Employing a qualitative approach grounded in critical hermeneutics and socio-legal analysis, the study examines classical, modern, and critical tafsir alongside legal documents. The findings demonstrate that qiwāmah is not a fixed theological doctrine but an epistemic construct shaped through interpretive traditions, juristic reasoning, and legal institutionalization. Patriarchal interpretations are reproduced through the nafaqah ṭā‘ah framework and codified in legal systems, while marginalizing alternative perspectives. This study’s specific contribution lies in advancing epistemic violence as an analytical tool in Qur’anic exegesis, shifting analysis from textual meaning to the structures of knowledge production that sustain legal authority. It further provides a framework for Islamic legal reform, emphasizing the need to reinterpret qiwāmah in light of maqāṣid al-sharī‘ah, particularly justice and human dignity.
Constitutional Safeguards And National Resilience: A Qualitative Analysis of Article 153 In Malaysia’s Multi-Ethnic Society Basabah, Mohd Hisyamuddin; Haji Yusoff, Kamarul Zaman; Abd Jalil, Mohamad Isa; Lada, Suddin; Abd. Kadir, Shariff Umar Shariff; Andriani, Debrina Puspita
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.v3i2.101

Abstract

Article 153 of the Federal Constitution of Malaysia is a vital constitutional instrument in governing a multi-ethnic nation; however, ongoing political and identity dynamics have raised questions regarding its contribution to national resilience. This study aims to analyze the function of Article 153 as a constitutional safeguard in maintaining societal security and Malaysia's national resilience during the 2018–2024 period, while identifying the mechanisms, tensions, and factors influencing its effectiveness. Employing a qualitative approach, the research conducted semi-structured interviews with five experts in constitutional law, ethnic relations, and national security, supplemented by an analysis of policy documents, court rulings, and academic literature, validated through triangulation. The findings reveal that Article 153 contributes to national resilience through four primary mechanisms: the protection of collective Bumiputera identity, affirmative economic redistribution, balanced regional development, and political stabilization via elite consensus. Nevertheless, structural tensions persist between protective measures for Bumiputera and demands for inclusivity from non-Bumiputera communities, which intensified during the 2018–2024 political crises due to the re-securitization of ethnic identity. Comparative analysis with Rwanda, Sri Lanka, India, and South Africa highlights the strengths of the Malaysian model in terms of constitutional entrenchment and the dual protection mechanism involving the constitutional monarchy. The effectiveness of Article 153 fundamentally depends on three determinant factors: government political will, public constitutional literacy, and economic performance that sustains redistribution. This research recommends implementation reforms focused on enhancing constitutional awareness, increasing transparency in need-based affirmative policies, and institutionalizing inter-ethnic dialogue to achieve inclusive and sustainable national resilience.
Reinterpreting Classical Islamic Family Law For Sexual Health Education: A Maqāṣid Al-Sharī‘ah-Based Critical Discourse Analysis Sepalanita, Widya; Afiani, Nina; Maymun, Muhammad; Dahrizal, Dahrizal; Lindawati, Lindawati
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.v3i2.102

Abstract

This study explores the intersection between classical Islamic family law and sexual health education by analyzing three canonical texts: Fath al-Qarib, Safinat al-Najah, and Uqud al-Lujjayn. While sexual health education has been widely studied within biomedical and rights-based frameworks, its integration with classical Islamic jurisprudence remains limited and fragmented. This study fills a critical gap by systematically analyzing classical fiqh texts as sources of sexual health pedagogy, which has been largely neglected in existing scholarship. Employing a qualitative library-based approach, this research utilizes qualitative content analysis and critical discourse analysis to examine both explicit and implicit dimensions of sexual education within the texts. The analysis is further informed by a maqāṣid al-sharī‘ah perspective and a critical evaluation of gender relations and power structures. The findings show that classical Islamic texts function as normative and pedagogical systems that regulate sexuality through moral discipline, legal boundaries, and implicit ethical instruction. Sexual education is conveyed both explicitly, through marital ethics and conduct, and implicitly, through prohibitions and moral conditioning. However, the study also demonstrates that these texts embed hierarchical gender relations that may limit sexual communication, autonomy, and responsiveness to contemporary sexual health challenges. The study proposes a hybrid ethical-health framework integrating Islamic jurisprudence with contemporary sexual health paradigms. This framework highlights the potential of classical Islamic texts as culturally grounded resources for sexual health education, while emphasizing the need for critical reinterpretation to address issues of gender equity, communication, and reproductive health in modern Muslim societies.
Judicial Reasoning in Child Guardianship: Gender Justice and Maqāṣid Al-Sharī'ah in Indonesian Religious Courts Martius, Martius; Ash Shabah, Musyaffa Amin; Akbar, Azhar Muhamad; Che-umong, E-bat; Gustiana, Restia
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.v3i2.103

Abstract

Child guardianship (ḥaḍānah) in Islamic family law represents a critical mechanism for child protection during family dissolution, yet existing scholarship remains predominantly normative and fragmented, lacking longitudinal socio-legal analysis of judicial reasoning that integrates child protection and gender justice within Islamic legal frameworks. This study aims to analyze the transformation of child guardianship adjudication in Indonesian Religious Courts (Pengadilan Agama) during 2020–2025, focusing on judicial reasoning patterns, child welfare orientations, and the positioning of women's rights. Employing a normative-empirical (socio-legal) approach, this study analyzed 120 guardianship decisions retrieved from the Supreme Court Verdict Directory through qualitative content analysis and systematic coding, integrating three analytical frameworks: the best interest of the child, maqāṣid al-sharī'ah, and gender justice theory. The findings reveal a significant shift from textualist-normative reasoning toward discretionary, welfare-oriented adjudication, with judges increasingly prioritizing emotional stability, caregiving continuity, and socioeconomic conditions. A pronounced maternal preference pattern was identified, reflecting caregiving realities while simultaneously indicating latent gender bias. Women's rights were found to be implicitly integrated yet structurally subordinated within the best interest framework rather than recognized as autonomous legal principles. The COVID-19 pandemic additionally functioned as a structural catalyst accelerating guardianship litigation. This study contributes a longitudinal socio-legal framework that bridges maqāṣid al-sharī'ah with contemporary human rights discourse, while critically exposing the risks of unchecked judicial subjectivity. These findings underscore the urgent need for verdict standardization, explicit gender justice integration, and systematic reform of Islamic family law in Indonesia.

Page 7 of 7 | Total Record : 67

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