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Contact Name
Muhammad Husni Abdulah Pakarti
Contact Email
husnipakarti@umbandung.ac.id
Phone
+6281324943904
Journal Mail Official
mawaddah@umbandung.ac.id
Editorial Address
Jl. Soekarno Hatta No.752, Cipadung Kidul, Kec. Panyileukan, Kota Bandung, Jawa Barat 40614
Location
Kota bandung,
Jawa barat
INDONESIA
Mawaddah: Jurnal Hukum Keluarga Islam
ISSN : -     EISSN : 30266076     DOI : https://doi.org/10.52496/mjhki.v1i1.7
Core Subject : Religion, Social,
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
Reconstructing the Concept of Sakinah Family in the Qur’an: A Maqāṣidī Tafsir Analysis of Contemporary Muslim Family Dynamics Yuzaidi Yuzaidi; Winda Sari; Aris Munandar; Muh Yiddin; Iqbal Ubaidi Al-Lammushi
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.v3i2.114

Abstract

Contemporary Muslim families are increasingly confronted with complex social challenges arising from globalization, digital transformation, economic instability, shifting gender relations, and weakening emotional communication within households. In many Muslim societies, the concept of the sakinah family is frequently understood through normative and legalistic frameworks that emphasize formal obedience and patriarchal authority while paying limited attention to emotional well-being, ethical partnership, and contemporary social realities. This study aims to reconstruct the Qur’anic concept of the sakinah family through a maqāṣidī tafsir approach by integrating Qur’anic ethics with contemporary Muslim family dynamics. This research employs a qualitative library-based method using thematic Qur’anic interpretation (tafsīr mawḍū‘ī) and the framework of maqāṣid al-sharī‘ah. Primary data are derived from Qur’anic verses related to family ethics, while secondary data include classical and contemporary tafsir works, maqāṣid literature, and recent studies on Muslim family transformation. The findings reveal that the Qur’anic concept of the sakinah family extends beyond formal marital legality toward the realization of emotional tranquility, ethical communication, compassion, collaborative responsibility, and spiritual resilience. Through the maqāṣidī perspective, sakinah is reconstructed as a dynamic ethical framework grounded in the principles of maṣlaḥah, justice, reciprocity, and family welfare. The study also demonstrates that concepts such as qiwāmah, mawaddah, and raḥmah should be interpreted contextually in response to contemporary social realities rather than through rigid patriarchal understandings. Theoretically, this article contributes to the development of contemporary Qur’anic studies by demonstrating the relevance of maqāṣidī tafsir as a contextual and transformative interpretive approach. Socially, the study offers an ethical framework for strengthening emotional resilience, communication, and family harmony within contemporary Muslim societies.
Entrepreneurial Hadhanah: Islamic Family Law, Habitus Formation, and Intergenerational Entrepreneurship Among Muslim Artisan Families In Indonesia Maisaroh Harahap; Ya' Rakha Muyassar; Nurhidayati Nurhidayati; Maman Rahman Hakim; Nur Ihsan Hinna
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.v3i2.118

Abstract

Studies on hadhanah in Islamic family law have predominantly focused on child custody, parental responsibilities, and post-divorce welfare, leaving limited attention to its role in fostering children's capabilities within entrepreneurial Muslim families. This study addresses this gap by examining how hadhanah functions as a socio-legal process of moral education, entrepreneurial socialization, and intergenerational transmission of values while maintaining child protection principles. Employing a qualitative socio-legal approach with a multi-site case study design, the research was conducted among Muslim artisan families in Tasikmalaya, Pekalongan, and Kudus, Indonesia. Data were collected through in-depth interviews, life-history interviews, participant observation, and document analysis involving Muslim entrepreneurial families, business successors, religious and community leaders, MSME practitioners, and local stakeholders. The data were analyzed thematically by integrating classical Islamic jurisprudence on hadhanah with the framework of maqāṣid al-sharīʿah to assess the compatibility of entrepreneurial exposure with child welfare, education, safety, and protection from exploitation. The findings reveal that hadhanah extends beyond physical care and religious instruction to encompass age-appropriate entrepreneurial learning through the gradual transmission of Islamic values, including honesty (amanah), discipline, diligence, responsibility, and lawful livelihood. Children acquired practical competencies in production, marketing, inventory management, and customer relations alongside soft skills such as communication, negotiation, patience, trust-building, and decision-making. The study proposes the concept of entrepreneurial hadhanah, which reconceptualizes Islamic child care as a framework for capability development rather than merely post-divorce custody, while preserving normative safeguards centered on proportionality, child welfare, education, safety, and children's agency. This conceptual contribution broadens contemporary Islamic family law discourse by integrating child protection with sustainable entrepreneurial capacity development.
Islamic Family Law and Economic Thot Framework; A Study of The Curriculum Materials of Darul Muttaqin Islamic Boarding School In Bogor Sopiyan Sopiyan; Reksiana Reksiana; Eneng Purwanti; Siti Asiah; Ghulam M. Nukhba
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.v3i2.119

Abstract

This study examines how Islamic family law materials in the curriculum of Pesantren Darul Muttaqin Bogor contribute to the formation of santri’s economic reasoning. The article responds to the tendency to treat Islamic family law in pesantren merely as a doctrinal field concerned with marriage, inheritance, and domestic obligations, while overlooking its economic implications. Using a qualitative intrinsic case study design, the research analyses curriculum materials, especially al-Fiqh al-Wadhih, Bulugh al-Maram, and fiqh al-mawarith, supported by document analysis, semi-structured interviews, and limited participant observation. The findings show that Islamic family law is taught as a layered body of knowledge that connects legal norms, moral responsibility, and socio-economic awareness. Themes such as mahr, nafaqah, family property, bequest, and inheritance introduce santri to concepts of ownership, financial obligation, women’s economic rights, asset transfer, and distributive justice. The study also finds that the pesantren’s integrative learning environment—through classroom instruction, dormitory discipline, organisational duties, and daily habituation—enables these concepts to be internalised as practical orientations toward responsibility, productivity, and economic accountability. Theoretically, this study contributes to pesantren studies, Islamic family law, and Islamic economics by arguing that family jurisprudence can function as a hidden economic curriculum. It shows that santri’s economic consciousness may be shaped not only through entrepreneurship programs, but also through classical legal materials that frame family life as a domain of responsibility, property ethics, and distributive justice.
The Transformation of Kafaah Maliyyah into a Socio Legal Principle of Marital Compatibility in Rempoa’s Betawi Community Abdulloh Abdulloh; Mustori Mustori; Muhammad Hafiduddin; Sugeng Priyono; Rosee Laehseng
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.v3i2.125

Abstract

Research on kafaah has so far focused more on the doctrinal and normative dimensions, while the transformation of the meaning of kafaah maliyyah in the context of urban Muslim society is still relatively limited to study. This study aims to analyze the transformation of kafaah maliyyah as a sociolegal principle in determining the compatibility of marriage in the Betawi community in Rempoa, South Tangerang, and explain its implications for the formation of Islamic social and family law relations. The research uses qualitative methods with case study design and sociolegal approaches. Data were obtained through semi-structured interviews with five purposively selected informants, limited field observations, and document analysis, then analyzed using thematic coding techniques that integrated the perspectives of Islamic family law, national marriage law, and Pierre Bourdieu's theory of capital. The results showed that the size of kafaah has shifted from similarity of background, ethnicity, family reputation, and environmental proximity to indicators that emphasize job stability, income security, education level, housing ownership, and the ability to maintain urban household life. This transformation strengthens the tendency towards horizontal marriage based on the equivalence of socio-economic status, while increasing the flexibility of acceptance for non-Betawi couples who have moral and economic credibility. This study concludes that kafaah maliyyah has developed into a living sociolegal principle that is adaptive to urban dynamics. These findings make a theoretical contribution through the recontextualization of the concept of kafaah maliyyah and the development of Bourdieu's theory of capital by showing that economic capital functions as a source of social legitimacy, family acceptance, and marriage consent in urban Muslim societies.
Legal Pluralism and Muslim Family Authority in Sustaining Female Circumcision in Serang, Indonesia: A Critical Documentary Analysis Parta Suhanda; Siti Na Jauharoh; Ema Hikmah; Ida Lindawati; Kamall Aly
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.v3i2.127

Abstract

Women's circumcision in Serang, Banten, is in a space of legal pluralism that brings together religious, customary, family, health, and state regulatory norms. Previous research has generally examined these practices from the perspective of public health, gender, religion, anthropology, or law in isolation, so it has not explained how these various normative arrangements are mediated in family decision-making. This study aims to analyze the social reproductive mechanisms of female circumcision practices through the development of a Family-Mediated Socio-Legal Reproduction Model. The research uses a qualitative socio-legal approach with critical documentary analysis and thematic synthesis of academic literature, laws and regulations, government policies, public health reports, and religious publications relevant to the Indonesian context, especially Banten. The results of the study show three main findings. First, Muslim families reproduce female circumcision as a symbol of purification, honor, and femininity, even though it has no medical indications. Second, the distribution of authority in the family along with the symbolic position of the paraji shaman transforms religious and customary norms into ritual practices that gain social legitimacy. Third, regulatory fragmentation, differences in definitions of harm, and weak integration between legal and health approaches reduce the effectiveness of state interventions and biomedical evidence. This study also identifies paraji shamans as socio-legal actors who act as cultural intermediaries, holders of symbolic authority, and implementers of local health governance. The findings expand the study of legal pluralism by showing that the effectiveness of legal, medical, religious, and customary norms depends on the mediation process in the family and community. Therefore, prevention strategies require the integration of legal protection, family-based health education, the involvement of traditional practitioners, and the strengthening of religious narratives that place bodily dignity, child protection, and harm prevention as the main principles.
Preventive Curative Inheritance Governance among Urban Muslim Families: Evidence from Depok, Indonesia Ahmad Rifai; Agus Mahmud; Gazi Saloom; Amirfajar Masae; Azis Faturokhman
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.v3i2.128

Abstract

Inheritance conflicts in Muslim families are not only related to the distribution of inheritance, but are also socio-juridical and economic issues that are influenced by kinship relationships, asset documentation, economic value of property, and compliance with religious norms. This study aims to analyze inheritance governance in urban Muslim families in Depok, Indonesia, as well as develop a governance model that is able to prevent and resolve inheritance conflicts in a sustainable manner. The study used a socio-juridical qualitative approach with data obtained through semi-structured interviews with 18 informants, analysis of Religious Court decisions, legal documents, and official demographic data. Analysis is carried out through open, axial, and selective coding, while the validity of findings is guaranteed through source triangulation, member checking, peer discussion, and trail audit. The results of the study show that the effectiveness of inheritance governance is determined by the interaction between legal literacy, economic rationality, and family communication. Legal literacy allows for proper distinctions between grants, wills, common property, inheritance, debts, and heirs' rights, while economic rationality influences inherited asset management decisions. Open communication, supported by asset documentation, grants, written wills, and family deliberations, has been proven to strengthen conflict prevention. On the other hand, when preventive mechanisms do not work, dispute resolution develops gradually through family negotiations, religious consultations, community mediation, legal assistance, and adjudication in Religious Courts. This research offers a Preventive-Curative Inheritance Governance Model that integrates legal literacy, economic rationality, family communication, legal pluralism, and institutional settlement stages as conceptual contributions to the development of Muslim family inheritance governance in Indonesia.
Between Supplication and Law: A Balaghah-Based Hermeneutic of Qur’anic Du‘a on Family Psychology Daud Lintang; Sukron Kamil; Achmad Satori Ismail; Siti Amsariah; Anouar Ben Khalifa
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.v3i2.112

Abstract

Family life in the Qur’an is not only regulated through legal injunctions but also shaped through supplicatory discourse that forms emotional, ethical, and spiritual orientations. Although Qur’anic duʿāʾ has often been studied as devotional practice, theological expression, or rhetorical beauty, its role in constructing Islamic family psychology remains underexplored. Existing studies on Islamic psychology and family resilience have emphasized religious coping, moral education, and spiritual well-being, yet they rarely examine how the rhetorical structure of Qur’anic family supplications produces psychological and normative meanings. This study aims to analyze how selected Qur’anic duʿāʾ related to spouses, children, parents, descendants, and moral continuity constructs a family psychology situated between supplication and normativity. Using a qualitative textual method, the article applies balāghah-based hermeneutics, thematic Qur’anic analysis, Islamic psychology, religious coping theory, and family resilience theory to selected verses, including QS Maryam [19]:4–6, QS Āl ʿImrān [3]:38, QS Ibrāhīm [14]:40–41, QS al-Baqarah [2]:128–129, QS al-Furqān [25]:74, QS al-Aḥqāf [46]:15, and QS al-Isrāʾ [17]:24. The findings show that Qur’anic duʿāʾ functions as spiritual attachment and emotional regulation, forms intergenerational moral responsibility, constructs family flourishing through qurrata aʿyun, and operates as normative discourse beyond formal family law. The study contributes to Qur’anic studies and Islamic family psychology by proposing duʿāʾ as a hermeneutic site where rhetoric, emotional formation, family ethics, and moral continuity converge.