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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 87 Documents
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Needs Analysis For The Utilization of Artificial Intelligence In The Drafting of Regional Legal Products In Indonesia: A Case Study In The Provinces of West Java, Central Java, and East Java Ende Hasbi Nassaruddin; Dian Rachmat Gumelar; Zaihan Harmaen Anggayudha; Jody Imam Rafsanjani; Wahyudi Wahyudi
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.v4i1.78

Abstract

In an increasingly advanced digital era, the use of Artificial Intelligence (AI) in the legislative process and the creation of legal products has become a significant innovation worth attention, especially for enhancing efficiency and accuracy. This study aims to analyze the use of AI from a siyasah dusturiyah perspective and analyze the need for AI utilization in the preparation of regional legal products in three main provinces of Indonesia: West Java, Central Java, and East Java. This research uses a qualitative method with a case study approach, involving secondary data analysis and interviews with policymakers and legal experts. The study findings indicate that the use of AI from a siyasah dusturiyah fiqh perspective can be understood as part of the development of contemporary ijtihad. In addition, the implementation of AI has great potential to reduce administrative burdens, accelerate the legislative process, and improve the quality of regulations. However, several challenges remain, such as the readiness of technological infrastructure, AI-related regulations, and resistance from several stakeholders. These findings provide recommendations for strategic steps that regional governments can take to optimize the use of AI in the preparation of legal products.
Normative Critique of Passive Money Laundering Formulation in Indonesian Criminal Law: An Islamic Proportionality Perspective Aditya Wiguna Sanjaya; Kiki Kristanto; Nabilaa Mohamed; Taufik Firmanto; Rudhi Achsoni
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.v4i1.82

Abstract

Money laundering crimes are generally classified into active and passive forms. In the Indonesian context, passive money laundering based on Article 607 paragraph (1) letter (c) of the Criminal Code adopts the pro parte dolus pro parte culpa model which equates criminal liability between intentional acts and those committed due to negligence. This approach raises normative issues related to the principle of proportionality which requires differentiating sanctions based on the degree of error. This study aims to analyze the principle of proportionality in Islamic criminal law and evaluate the suitability of the formulation through a comparative approach. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis was carried out on the provisions of Indonesian criminal law, Islamic criminal law principles, and several relevant foreign legal systems. The results of the study show that Islamic criminal law expressly distinguishes the level of error in the imposition of sanctions, as reflected in the concepts of qisas and diyat. This principle is also in line with a number of modern legal systems that separate intentional crimes (dolus) and negligent crimes (culpa) with different criminal consequences. On the other hand, the pro parte dolus pro parte culpa model in the Criminal Code has the potential to obscure these differences by imposing equivalent sanctions, thereby weakening the principle of proportionality and risking substantive injustice. This research contributes theoretically through strengthening the study of comparative criminal law based on the integration of Islamic law perspectives, as well as practically by recommending the reformulation of criminal policies to ensure more optimal proportionality and justice.
Socioeconomic Inequality and Judicial Disparities In Drug Sentencing: A Mixed-Methods Study on Rehabilitation vs Imprisonment In Indonesia Kasmanto Rinaldi; Heni Susanti; Suyatno Ladiqi; Dita Fisdian Adni
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.v4i1.87

Abstract

Drug-related arrests in Indonesia frequently result in disparate legal outcomes influenced by extralegal determinants, raising concerns about fairness and consistency within the national drug policy framework. This study examines the factors shaping judicial decisions between rehabilitation and imprisonment within the Indonesian legal system. Employing a mixed-methods design, the research integrates quantitative analysis of secondary data derived from judicial decisions and reports of the National Narcotics Agency (BNN) covering the period 2019–2024, with qualitative insights obtained through in-depth interviews, analyzed using NVivo 12. The analysis is grounded in critical criminology and Islamic legal principles, particularly maqāṣid al-sharī‘ah. Within this framework, “systemic bias” is operationalized as patterned disparities in sentencing outcomes associated with extralegal factors, including socioeconomic status and drug type. The findings indicate that individuals from lower socioeconomic backgrounds and those involved with synthetic drugs are significantly more likely to receive custodial sentences, whereas defendants from higher socioeconomic groups or associated with traditional substances are more frequently directed toward rehabilitation programs. These disparities reflect structural inequalities that undermine both legal rationality and the normative objectives of justice, including the protection of life, intellect, and social welfare as emphasized in maqāṣid al-sharī‘ah. To address these issues, the study advocates for comprehensive legal reforms, including the standardization of sentencing guidelines, expanded access to rehabilitation services, strengthened inter-agency coordination, and a shift toward a harm-reduction approach to promote a more equitable system of drug law enforcement in Indonesia.
Islamic Ethical Governance of Post-Disaster Recovery: Advancing Inclusive Education, Gender Equality, and Decent Work for Vulnerable Communities Ellectrananda Anugerah Ash-shidiqqi; Ahmad Nailul; Joko Ismono; Suryanti Suryanti; Indra Budi Jaya
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.v4i1.67

Abstract

Natural disasters generate profound socio-economic disruptions that disproportionately affect vulnerable workers, including informal laborers, women, persons with disabilities, and low-income communities. Despite growing attention to disaster governance and social protection, existing frameworks remain fragmented and often lack an ethical foundation capable of integrating social justice, economic inclusion, and long-term resilience. This study aims to develop an integrative conceptual model grounded in Islamic ethics to support inclusive post-disaster recovery for vulnerable workers. Employing a normative-conceptual approach, the study analyzes relevant scholarly literature, the Sustainable Development Goals (SDGs 4, 5, and 8), and Islamic legal-ethical perspectives. The findings propose a framework that synthesizes three core Islamic ethical principles ‘adl (justice), ta‘āwun (mutual cooperation), and maṣlaḥah (public welfare) with four interrelated pillars: inclusive education, gender equality, decent work, and disaster resilience. The model demonstrates that inclusive education enhances adaptive capacity, gender equality promotes equitable participation and access, decent work facilitates sustainable livelihood recovery, and disaster resilience strengthens long-term socio-economic stability. Theoretically, this study advances the discourse on Islamic social protection by bridging Islamic ethical principles with contemporary development and disaster recovery agendas. Practically, it offers a culturally grounded and value-based framework for policymakers and humanitarian actors seeking to design more equitable, inclusive, and sustainable recovery strategies. The proposed model contributes to the development of ethically informed disaster governance that prioritizes human dignity, social protection, and economic inclusion for vulnerable populations.
Reinterpreting Ḍarb In Islamic Family Law: A Maqāṣid-Based Socio-Legal Approach Muhammad Amar Adly; Ardiansyah Ardiansyah; Hasan Matsum; Fikfik Taufik; Najib A. Gisymar
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.v4i1.89

Abstract

Domestic violence in Muslim family contexts is sometimes reinforced by literalist interpretations of QS. An-Nisāʾ: 34, especially the term ḍarb, which has often been read as permitting physical discipline within marriage. This study aims to reconstruct the meaning of ḍarb in Islamic family law in order to prevent its use as a religious justification for domestic violence. Using a qualitative normative method with a socio-legal orientation, the study examines classical tafsīr, the views of the four Sunni legal schools, Prophetic traditions, and Indonesian legal instruments on domestic violence. The analysis combines uṣūl al-fiqh, maqāṣid-based reasoning, and contextual interpretation to assess whether classical legal meanings remain valid when they produce harm in contemporary family life. The findings show that classical Islamic legal sources did not treat ḍarb as an unrestricted right of husbands. Instead, they placed it under strict limitations, including procedural sequence, non-injury, ethical restraint, and legal accountability. The Prophetic model further shifts the norm toward non-violence, compassion, and protection of dignity. Based on these findings, this study argues that ḍarb should be reconstructed not as physical punishment, but as a restricted and non-violent mechanism of conflict resolution oriented toward reconciliation and harm prevention. The study contributes to Islamic family law reform by offering an uṣūlī–socio-legal framework that can guide religious judges, mediators, family-law institutions, and anti-domestic violence policy in preventing the misuse of religious texts to legitimize violence.
Reconstructing Family Takaful in Islamic Law: Toward a Tanāhud-Based Insurance Model M. Styo Hertinto; Maman Rahman Hakim; Nur Melinda Lestari; ⁠Adam Jehan; ⁠Sofyan Rizal
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.v4i1.91

Abstract

Contemporary family takaful has grown significantly, yet its product design remains weakly connected to Islamic family law. Existing models mainly protect against financial risks such as death, disability, health expenses, and education costs, while socio-religious obligations in Muslim family life such as ‘aqīqah, walīmah, uḍḥiyyah, and ta‘zīyah are rarely recognized as relevant dimensions of protection. This study examines the extent to which contemporary family takaful aligns with Islamic family law and maqāṣid al-sharī‘ah, and proposes the tanāhud model as an alternative framework for family-based Islamic insurance. This research employs normative juridical research with conceptual, philosophical, statutory, and maqāṣid-based approaches. Data were obtained from Islamic legal sources, academic literature, regulatory documents, and takaful industry reports, and were analyzed through legal interpretation, conceptual analysis, and maqāṣid-based legal reasoning. The findings show that family takaful is generally compliant at the contractual level but remains substantively limited because it defines risk mainly in financial terms. This limitation reduces its relevance to the socio-religious realities of Muslim families. The novelty of this study lies in reconstructing family takaful through the tanāhud model, which combines tabarru‘, ta‘āwun, tadhamun, and hybrid contractual mechanisms to accommodate both financial and socio-religious family needs. Practically, this model offers guidance for takaful operators to develop more responsive products and for regulators to recognize family-based socio-religious protection within Islamic insurance governance.
Artificial Intelligence in Islamic Family Law: Ethical Challenges and Maqāṣid al-Sharī‘ah Perspectives Nuryamin Nuryamin; Yulia Fihtriany Rahmah; Muhammad Muhammad; Ai Imas Mursyidah Zein
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.v4i1.96

Abstract

The development of artificial intelligence (AI) systems has brought various opportunities as well as challenges in the field of law, including Islamic family law. This research aims to understand how AI systems work and are regulated in presenting the provisions of Islamic family law, as well as analyze their implementation in addressing emerging moral and ethical threats. In addition, this study assesses whether the use of AI in the Islamic family law system is in accordance with or contrary to the principles of maqashid asy-shari'ah. This study uses a qualitative method with a literature study approach. The analysis stages include data collection from secondary sources, data classification, and descriptive-analytical analysis. The results of the study show that the AI system in determining Islamic family law operates by managing data from various legal sources to form a draft answer that has legal certainty. However, there are ethical challenges, such as the potential for algorithm bias, the publication of personal data, automated law enforcement, and an over-reliance on AI. The analysis also shows that the application of AI has the potential to not fully meet the values of maqashid as-shari'ah. The novelty of this research lies in the systematic identification of the impact of the use of AI on compliance with the principle of maqashid as-shari'ah in Islamic family law. The implications of the study emphasize the need for special supervision of the quality of the laws produced by AI to remain in line with sharia principles.
Halal Tourism Based on Local Culture: Maqāṣid Al-Syarī'Ah Analysis of the Views of Yogyakarta Scholars Masruroh Masruroh; Zulkifli Zulkifli; Masri Mansoer; Arif Zamhari
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.v3i2.106

Abstract

Halal tourism has increasingly developed as a strategic sector within the Islamic economy, particularly in culturally rich destinations such as Yogyakarta. However, previous studies have largely focused on marketing, Muslim tourist behavior, certification, policy, and destination competitiveness. Limited attention has been given to the normative construction of religious scholars’ views on the integration of local culture into halal tourism. This study aims to analyze the perspectives of Yogyakarta religious scholars on the relationship between halal tourism and local culture and to examine them from the perspective of sharia economic law. This research employs qualitative field research with a case study design, combined with normative sharia economic law analysis. Primary data were obtained through guided interviews with eight religious scholars representing Nahdlatul Ulama, Muhammadiyah, Salafi, the Indonesian Ulema Council, pesantren, female scholars, academics, and Muslim cultural figures. The data were analyzed using the Miles and Huberman model and validated through source and theoretical triangulation. The findings show that Yogyakarta religious scholars view halal tourism not as a formalization of Islamic symbols, but as the internalization of sharia values into tourism practices while respecting local culture. Their differing views reflect accommodative, moderate, selective, and contextual patterns. Theoretically, this study contributes to the development of sharia economic law scholarship by offering an integrative analysis of maqāṣid al-sharī‘ah, ‘urf, maslahah, and sadd al-dzarī‘ah in legitimizing local culture within halal tourism.
Islamic Education As An Instrument of Family Law In Strengthening Family Economic Resilience: A Maqāṣid al-Sharī‘ah Analysis of The Free Nutritious Meal Program Eneng Humaeroh; Syifa Awalia; Endang Madali; Muhammad Bin Omar; Siti Mayang Sari
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.v3i2.111

Abstract

This study examines the role of transformative Islamic education in strengthening family economic resilience within the implementation of Indonesia’s Free Nutritious Meal Program (MBG) through the integrated perspectives of maqāṣid al-sharī‘ah and welfare-state theory. The research is motivated by persistent national challenges, including a 21.5% stunting rate, unequal access to nutrition and caregiving, and the predominantly normative orientation of Islamic Religious Education (PAI), which remains insufficiently connected to family socio-economic development. Employing a mixed-methods approach with a sequential explanatory design, the quantitative phase analyzes family economic resilience, the internalization of Islamic values, and the effectiveness of MBG implementation, while the qualitative phase explores value interpretation, educational transformation, and contextual adaptation. The study was conducted in Aceh, West Java, and West Nusa Tenggara to capture socio-cultural and institutional diversity. The findings reveal a significant gap between ritual religiosity and economic resilience, indicating that Islamic values contribute to family welfare primarily when operationalized through ḥifẓ al-māl. The MBG program contributes directly to ḥifẓ al-nafs and indirectly to ḥifẓ al-nasl; however, its long-term effectiveness remains limited without integration with value-based educational strategies and family empowerment. Transformative Islamic education enables families to move from passive welfare recipients to active economic agents by internalizing the values of justice, trustworthiness, and mutual assistance. The study contributes theoretically by proposing the Maqāṣid-Based Family Welfare Model (MBFW Model), which reconceptualizes Islamic education as a normative instrument of Islamic family law and integrates educational transformation, family economic resilience, and welfare policy within a unified framework for sustainable family development in contemporary Muslim societies.  
Rethinking Wali Mujbir In Islamic Family Law: Maqasid Al-Shariah, Gender Justice, And Legal Reform Ramza Fatria Maulana; Mesraini Mesraini; Asmawi Asmawi; Khairul Amin; Zulkifli Dahrial
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.v3i2.113

Abstract

The phenomenon of forced marriage remains a critical issue in Indonesian society, especially considering the high rate of child marriage, which is often legitimized by the concept of wali mujbir. In classical Islamic law, the wali mujbir is granted the right of ijbār to marry a girl without her consent, a practice that is considered a form of protection. However, in the contemporary context, this practice is increasingly questioned because it is contrary to the principles of gender equality, human rights, and maqāṣid shari'ah. This study shows that forced marriage by a guardian without the consent of a woman has the potential to create mafsadat, such as household disharmony and violation of individual autonomy. From the perspective of maqāṣid syarī'ah, marriage must ensure the public interest, justice, and individual freedom. Countries such as Indonesia have abolished the right of guardians to force marriage through regulations, such as Law No. 1 of 1974 and KHI. The recontextualization of the guardian mujbir is needed to shift the role of the guardian from a coercive authority to a companion who ensures the public interest.

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